The Church and the Empire, Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304 by D. J. (Dudley Julius) Medley
page 72 of 272 (26%)
page 72 of 272 (26%)
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which at other times they allowed. They even legislated against
tournaments and against the use of certain deadly weapons in battle by one Christian nation against another. But apart from the special circumstances which called out and so justified the legislation, the Church claimed at all times jurisdiction over certain classes of lay persons and in certain categories of cases. Thus all persons needing protection, such as widows, minors, and orphans, came under the cognisance of the ecclesiastical courts, and to these the Popes added Crusaders. Furthermore, all cases which could be regarded as in any way involving a possible breach of faith were also claimed as belonging to the jurisdiction of the Church, and these included everything concerning oaths, marriages, and wills. Naturally the Church had cognisance of all cases of sacrilege and heresy. These excuses for interference in the transactions of daily life were susceptible of almost indefinite extension, especially since the Church asserted a right to hear cases of all sorts in her courts on appeal on a plea that civil justice had failed. Even so stout a champion of the Church as St. Bernard complains bitterly that all this participation in worldly matters tends to stand between the clergy and their proper duties. The secular powers constantly protested. Even when Alfonso X in his legal code allowed that all suits arising from sins should go to ecclesiastical courts, the Cortes of Castile constantly protested. The chief attempts to check the growth of ecclesiastical jurisdiction were made in France. Even under Louis IX the barons combined to resist the encroachments of the Church, and resolved that "no clerk or layman should in future indict any one before an ecclesiastical judge except for heresy, marriage, or usury, on pain of loss of possessions and mutilation of a limb, in order that," they add with a justifiable touch of malice, "our jurisdiction may be revived, and they [the clergy] who have hitherto been enriched |
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