ns, legitimacy, undue wifebeating, child abuse, orphans,
bigamy, adultery, incest, fornication, personal possessions,
defamation, slander which did not cause material loss (and
therefore had no remedy in the temporal courts), libel, perjury,
usury, mortuaries, sacrilege, blasphemy, heresy, tithe payments,
church fees, certain offenses on consecrated ground, and breaches
of promises under oath, e.g. to pay a debt, provide services, or
deliver goods. They decided inheritance and will issues which did
not concern land, but only personal property. This developed from
the practice of a priest usually hearing a dying person's will as
to the disposition of his goods and chattel when he made his last
confession. It provided guardianship of infants during probate of
their personal property. Trial was basically by compurgation, with
oath-helpers swearing to or against the veracity of the alleged
offender's oath. An alleged offender could be required to answer
questions under oath, thus giving evidence against himself. The
ecclesiastical court's penalties were intended to reform and
determined on a case-by-case basis. The canon law of Christendom
was followed, without much change by the English church or nation.
Penalties could include confession and public repentance of the
sin before the parish, making apologies and reparation to persons
affected, public embarrassment such as being dunked in water (e.g.
for women scolds), walking a route barefoot and clad only in one's
underwear, whippings, extra work, fines, and imprisonment in a
"penitentiary" to do penance. The ultimate punishment was
excommunication with social ostracism. Then no one could give the
person drink, food, or shelter and he could speak only to his
spouse and servants. Excommunication included denial of the
sacraments of baptism, penance, mass, and extreme unction [prayers
for spiritual healing] at death; which were necessary for
salvation of the soul; and the sacrament of confirmation of one's
belief in the tenets of Christianity. A person could also be
denied a Christian burial in consecrated ground. However, the
person could still marry and make a will. The king's court could
order a recalcitrant excommunicant imprisoned until he satisfied
the claims of the church. Excommunication was usually imposed for
failure to obey an order or showing contempt of the law or of the
courts. It required a hearing and a written reason. If this
measure failed, it was possible