The Church had regular courts and a special system of law
[10] for the trial of offenders against its regulations. Many cases, which
to-day would be decided according to the civil or criminal law of the state, in
the Middle Ages came before the ecclesiastical courts. Since marriage was
considered a sacrament, the Church took upon itself to decide what marriages
were lawful. It forbade the union of first cousins, of second cousins, and of
godparents and godchildren. It refused to sanction divorce, for whatever cause,
if both parties at the time of marriage had been baptized Christians. The
Church dealt with inheritance under wills, for a man could not make a legal
will until he had confessed, and confession formed part of the sacrament of
Penance. All contracts made binding by oaths came under Church jurisdiction,
because an oath was an appeal to God. The Church tried those who were
charged with any sin against religion, including heresy, blasphemy, the taking
of interest (usury), and the practice of witchcraft. Widows, orphans, and the
families of pilgrims or crusaders also enjoyed the special protection of Church
courts.
[10] The so-called "canon law."
"BENEFIT OF CLERGY"
The Church claimed the privilege of judging all cases
which involved clergymen. No layman, it was declared, ought to interfere with
one who, by the sacrament of Ordination, had been dedicated to God. This demand
of the Church to try its own officers, according to its own mild and
intelligent laws, seems not unreasonable, when we remember how rude were the
methods of feudal justice. But "benefit of clergy," as the privilege
was called, might be abused. Many persons who had no intention of acting as
priests or monks became clergymen, in order to shield themselves behind the
Church in case their misdeeds were exposed.
