Woman, Church & State. Gage Matilda Joslyn

185

In the hands of such able politicians it (marriage), soon became an engine of great importance to the papal scheme of an universal monarchy over Christendom. The innumerable canonical impediments that were invented and occasionally dispensed with by the Holy See, not only enriched the coffers of the church, but give it a vast ascendant over persons of all denominations, whose marriages were sanctioned or repudiated, their issue legitimated or bastardized … according to the humor or interest of the reigning pontiff. —Commentaries 3, 92.

186

The word Liber, free, the solar Phre of Egypt, and Liber, a book, being as has been shown, closely connected, the bookish men of Bac, Boc, Bacchus, were comparatively free from the rule of the warrior class, both in civil and military point of view, and thence arises our benefit of clergy. If the benefit of clergy depends upon a statute, it had probably been obtained by the priests to put their privilege out of doubt. It has been a declaratory statute, although, perhaps, every man who was initiated could not read and write, yet I believe every man who could read and write was initiated, these arts being taught to the initiated only in very early times. It has been said that the privilege of clergy was granted to encourage learning. I believe it was used as a test, as a proof that a man was of, or immediately belonging to, the sacred tribe, and therefore exempt from the jurisdiction of the court in which he had been tried. If he were accused he said nothing; if found guilty he pleaded his orders and his reading. I have little doubt that the knowledge of reading and letters were a masonic secret for many generations, and that it formed part of the mysterious knowledge of Eleusis and other temples. —Anacalypsis, 2, 271-2.

187

Woman was represented as the door of hell, as the mother of all human ills. She should be ashamed of the very thought that she is a woman. She should live in continual penance on account of the curses she had brought upon the world. She should be ashamed of her dress, for it is the memorial of her fall. She should especially be ashamed of her beauty, for it is the most potent instrument of the demon… Women were even forbidden by a provincial council, in the sixth century, on account of their impurity, to receive the eucharist in their naked hands. Their essentially subordinate position was continually maintained. Lecky. —Hist. European Morals.

188

No woman can witness a will in the State of Louisiana today.

189

Blackstone says whosoever wishes to form a correct idea of Canon Law can do so by examining it in regard to married women. —Commentaries.

190

. Blondell, a learned Protestant who died in 1659, fully proved Isidore’s collection of the Decretal Epistles of the popes of the first three centuries, to be all forged and a shameless imposture, says Collier.

191

The famous law of Constantine, attached to the Theodosian Code, by virtue of which a prodigious and monstrous jurisdiction was formerly attributed to bishops, or to the hieratic order, though in reality that law was never a part of the aforesaid code, at the end of which it is found. Seldon. —Dissertation on Fleta, p. 101.

At time of Valentinian neither bishops nor the Consistories could, without the consent of the contracting lay parties, take cognizance of their causes… Because, says that emperor, it is evident that bishops and priests have no court to determine the laws in, neither can they according to the imperial constitutions of Arcadius and Honorius, as is manifest from the Theodosian body, judge of any other matters than those relating to religion. Thus the aforesaid Emperor Valentinian. Neither do I think that the above sanction as extravagant, obtained a place at the end of the Theodosian Code, or was under the title of Episcopis, by any other manner posted into my manuscript, than by the frauds and deceits, constantly, under various pretenses, made use of by the hieratical orders, who endeavored to shape right or wrong, according to the custom of those ages, not to mention others, sovereign princes and republics of their authority and legal power, by this means under the cloak of religion, its constant pretext, most strenuously serving their own ends and ambition. —Ibid, 107.

192

See Reeves. —History of English Law.

193

Draper. —Conflict of Science and Religion.

194

Reeves.

195

Declaration of judges in the famous case of Evans and Ascuith. Vaughn said in a later case of the same kind, “If Canon Law be made part of the law of this land, then it is as much a law of the land and as well, and by the same authority as any other part of the law of the land.”

196

Gibson was archdeacon of Surrey, Rector of Lambeth, and Chaplain of his Grace the Lord Archbishop of Canterbury (Primate of all England and Metropolitan) to whom the Jurus was dedicated. The work said: “The foreign is what we commonly call the body of Canon Law, consisting of the Canons of Councils, Decrees of Popes and the like, which obtained in England by virtue of their own authority (in like manner as they did in other parts of the Western Church), till the time of the Reformation, and from that time have continued upon the foot of consent, usage and custom. For which distinction we have no less warrant than an act of Parliament, made at the very time when those foreign laws were declared to be no longer binding by their own authority… We have a plain declaration that foreign laws became part of the law of England by long use and consent.” Gibson. —Codex Jurus Ecclesiasticum Anglican.

197

English Common Law Reports, Hill vs. Gould, Vaughn, p. 327, says: “What ever is declared by an Act of Parliament to be against God’s law must be so admitted by us, because it is so declared by an Act of Parliament.”

198

Under Catholic form the bride promises to consecrate her body to the marital rite.

199

Chiniquy. —The Priest, the Woman and the Confessional.

200

“The clergy formerly, and to this very day, declare those women evil who desire to limit self-indulgence and procreation.”

201

See Lecky. —Hist. European Morals.

202

In a sermon laudatory of the preacher’s office, delivered in the May Memorial Unitarian Church, in Syracuse, N.Y., Sunday, Nov. 27, 1887, Rev. Mr. Calthrop, the pastor, said: “Noble words are your chief weapons of offense and defense. But remember it is not you that speak when you utter them, but the Holy Ghost.” From Report of Sermon, published in the “Daily Standard,” November 28th.

203

Whoever wishes to gain insight into that great institution, Common Law, can do so most efficiently by studying Canon Law in regard to married women. Commentaries.

204

Distinction of class appears most prominently in all the criminal laws for which the clergy are responsible. It was for the man of low estate, the slave, and for women, that the greatest atrocities were reserved. If the thief was a free woman she was to be thrown down a precipice or drowned (a precedent without doubt for dragging a witch through a pond). If the thief was a female slave, and had stolen from any but her own lord, eighty female slaves were to attend, each bearing a log of wood to pile the fire and burn the offender to death. Pike. —Hist. of Crime in England, 49-51.

205

A correspondent of “The London Times” writes from Rome that he has not heard a single doubt expressed as to the paternity of the Countess Lambertini, and the line adopted by the Antonelli heirs tacitly confirms it. They strenuously oppose the production of any of the evidence the plaintiff has offered. They object to the depositions of the witnesses being heard and tested, and they have declared their intention of impugning as forgeries the documentary proofs tendered. These documents consist of some letters written by Antonietta Marconi to the Archpriest Vendetta, and particularly one dated April 1, 1857, wherein, asking him to prepare a draught of a letter to the Cardinal, she says that “Giacomo” does not send her money, although he knows that he has a daughter