of this injustice. A great number of canons were enacted after the reformation. These, together with the foreign canons which had been adopted, were held as part of the law of England.[32] The Episcopal church appropriated numerous canons extant at the time of the reformation, several of these having been created for the purpose of sustaining the church at a period when the temporal power threatened encroachment. The archdeacon of Surrey prepared a voluminous work upon this subject known as the Jurus,[33] proving that these canons, decrees, etc., when falling into disuse had been established by act of Parliament, as part of the law of England. The preface of his work declared that it had been prepared purely for the service of the clergy, and in support of the rights and privileges of the Church. Thus we have direct proof of the adoption of papal decrees as part of the government of the Protestant Episcopal church,—the Anglican—and also as part of English law.
An act of Parliament at this age was regarded as synonymous with a law of God. The Bible and the English government were upon the same plane, each to be implicitly obeyed.[34] Canon Law thus firmly established by act of Parliament, the union of Church and State complete, England lost much of that civil freedom whose origin can be traced to the wise legislation and love of freedom inhering in two British queens, Martia and Boadicea. Suffering from cruel wrong, the latter rose in revolt against the Romans. Riding among the squadrons of her army she thus addressed them:
It will not be the first time, Britons, that you have been victorious under the conduct of your queen. I come not here as one of royal blood, to fight for empire or riches, but as one of the common people to avenge the loss of their liberty, the wrongs of myself and my children. If you Britons will but consider the motives of our war, you will resolve to conquer or die. Is it not much better to fall in the defense of liberty than to be exposed to the outrages of the Romans? Such at least is my resolution, you may if you please live and be slaves.
But many historians date the entire subordination of the common law to ecclesiasticism, to the reign of Stephen, who ascended to the throne 1135, the fourth of the Anglo-Norman kings. In order to keep the ranks of the church full, the bearing of children was enforced upon women as a religious duty. No condition of health or distaste for motherhood was admitted as exemption. Alike from the altar, the confessional, and at the marital ceremony,[35] was this duty taught, nor has such instruction even under the light of physiology and new regard for personal rights, yet ceased.[36] No less is the unresisting subjection of women in this relation indirectly or directly enforced by the Protestant and the Greek churches as the law of the Bible and God. “Increase and multiply”[37] has been the first commandment for woman, held as far more binding upon her than the “Ten Words” of Mount Sinai. Proof exists in abundance of a character impossible to present in this work.
Under the general absence of learning and the equally general reverence for whatever emanated from the church, minor ecclesiastics found it in their power to promulgate doctrines to suit every new set of circumstances; thus many laws aside from regularly promulgated canons, came from time to time into force. When once applied they assumed all the power of custom and soon bore all the force of common law. The evils of ecclesiastical law were soon increased through the unsparing use of forgery and falsehood. Lea says:
In the remodeling of European Institutions, so necessary to the interests of Christianity and civilization, one of the most efficient agencies was the collection of Canons known as the False Decretals. Forgery was by no means a novel expedient to the church. From the earliest times orthodox and heretics had rivalled each other in the manufacture of whatever documents were necessary to substantiate their respective positions whether in faith or discipline. An examination of these Decretals tends to the conclusion that they were not the result of one effort or the work of one man. Their constant repetitions and their frequent contradiction would seem to prove this, and to show that they were manufactured from time to time to meet the exigencies of the moment or to gratify the feelings of the writers. Interpolated into codes of law, adopted and amplified in the canons of councils and the decretals of popes, they speedily became part of the civil and ecclesiastical policy of Europe, leaving traces on the constitutions which they afflicted for centuries.... The pretenses and privileges which they conferred on the hierarchy became the most dearly prized and frequently quoted portions of the Canon Law. In each struggle with the temporal authority, it was the arsenal from which were drawn the most effective weapons, and after each struggle the sacerdotal combatants had higher vantage ground for the ensuing conflict ... theories of ecclesiastical superiority which left so profound an impress on the middle ages and which have in no slight degree molded our modern civilization.
Even Magna Charta strengthened Canon Law, confirming many liberties of the Church, and injuring women by prohibiting appeal to them unless for the death of their husbands. While the general tenor of the church was against marriage, an unmarried woman unless dedicating her life to the church was regarded with more contempt than the married. To be under control of a husband was looked upon as the normal condition of women not living celibate lives. Consequently women were driven into marriage or monastic houses,[38] and no reproach so great as the term “old maid.” The influence of custom is nowhere more discernible than in Blackstone himself. The great commentator while fully admitting the blending of Canon with Common law, also acknowledging its most prejudicial effects to have fallen upon woman, yet attempts to prove that the liberties of the English people were not infringed through ecclesiasticism. He is so entirely permeated with the church doctrine of woman’s created inferiority as not to be willing to acknowledge the infringement of her natural liberty through it, although at the same time he declares that “whosoever would fully understand the Canon Law must study Common Law in respect to woman.” Such benumbing of the moral faculties through her doctrines is among the greatest wrongs perpetrated by the church upon mankind. Nor is it alone in regard to woman. During the Franco-Prussian war a writer declared the great and absolute need of the French people to be education; that of moral character there was absolutely none, either in the higher or lower classes. Even the sons of aristocratic families educated in Jesuit schools, being at most taught that wrong can only be measured by a formal religious standard, and that every wrong can be wiped out by confession to the priest. French education, this writer declared to be that of two centuries ago, when might was looked upon as identical with justice. Nor can morality be taught while its basis in the church remains the same.
The priestly profession held the most brilliant promises of gratified ambition to every man that entered it. Not alone did he possess the keys of heaven and hell, but also those of temporal power. The laity were his obedient servants upon which he could impose penance and from whose coffers wealth could be made to flow into his own. Through long continued false teaching the people believed their fate in both worlds more fully depended upon the priesthood than upon their own course in life, God having deputed a share of his power to every priest and monk, no matter how debased; and that when he spoke it was not himself, but God, through his lips, as asserted by the priesthood themselves. This impious assertion so capable as shown of being used for the most tyrannous purposes, came also into the Reformation, and is even heard from the lips of Protestant clergymen today.[39] Denied recognition of a right to decide for themselves whether the priest spoke from God, or from his own ambitious and iniquitous purposes, deprived of education as well as of free thought—the latter a crime to be punished with death after the most diabolical torture—it is not a subject of surprise that the majority of the christian world was a prey to the vilest superstition. The claim of infallibility, which may be unsuccessfully combated when urged by a single individual, became all-potent when advanced by a large powerfully organized and widely distributed class under guise of religion, into which the element of fear largely entered. No salvation outside of the church was a fundamental doctrine of that body. Hell was declared not to be peopled alone by the heathen, but by christian heretics, and the excommunicated who had died without obtaining forgiveness from the Church. These were depicted as in eternal torments of a more terrible character than even those whom birth had left ignorant of the plan of salvation. The strength of the church lay in its control of the conscience and the will. Upon the State it fastened double bonds; first, by its control of each individual member; second, in its capacity of secular ruler. Long before the days of Torquemada and Ximenes, the Inquisition had practically been brought to every man’s door. The imagination, that faculty that in its perfection constitutes the happiness