« ForrigeFortsett »
quantum of injury done or felt; and and I have heard no one case cited, therefore, though the court will not in which the court has granted a absolutely exclude considerations divorce, without proof given of a of that sort, where they are stated reasonable apprehension of bodily merely as matter of aggravation, yet hurt. I say an apprehension, be. they cannot constitute cruelty where cause, assuredly, the court is not to it would not otherwise have existed; wait till the hurt is actually done; and of course, the denial of little but the apprehension must be reaindulgences and particular accom- sonable ; it mast not be an appremodations, which the delicacy of hension arising merely from an exthe world is apt to number amongst quisite and diseased sensibility of its necessaries, is not cruelty. It mind. Petty vexations, applied to may, to be sure, be a barsh thing to such a constitution of mind, may refuse the use of a carriage, or the certainly in time wear out the aniuse of a servant; it may in many mal machine ; but still they are not cases be extremely uphandsome, cases of legal relief; people must extremely disgraceful to the cha: relieve themselves, as well as they racter of the husband; but the can, by prudent resistance, by callEcclesiastical Court does not look ing in the succours of religion and to such matters: the great ends of the consolation of friends ; but the marriage may very well be carried aid of courts is not to be resorted to on without them, and if people will in such cases with any effect." quarrel about such matters, and “ Marriage is the most solemn enwhich they certainly may do in gageinent which one human being mapy cases with a great deal of can contract with another. It is a acrimony, and sometimes with contract formed with a view not much reason, they yet must decide only to the benefit of the parties such matters as well as they can in themselves, but to the benefit of their own domestic forum.
third parties, to the benefit of their “ These are negative descriptions common offspring, and to the moral of cruelty; they shew only what is order of civil society. To this connot cruelty, and are yet, perhaps, tract is superadded the sanctity of the safest definitions which can be a religious vow. Mr. Evans must given under the infinite variety of be told, that the obligations of this possible cases that may come be. contract are not to be relaxed at fore the court. But if it were at all the pleasure of one party. I may necessary to lay down an affirmative go farther; they are not to be lightly rule, I take it that the rule cited by relaxed at the pleasure of both. For, Dr. Bever from Clarke, and the if two persons have pledged themother books of practice, is a good selves at the Altar of God, to spend general outline of the canon law, their lives together, for purposes the law of this country, upon this that reach much beyond themselves; subject. In the older cases of this it is a doctrine to which the mora. sort, which I have had an opportu. lity of the law gives no countenance, nity of looking into, I have ob- that they may, by private contract, served that the danger of life, limb, dissolve the bands of this solemn or health, is usually inserted as the tie, and throw themselves upon soground upon which the court has ciety, in the undefined and dangerproceeded to a separation. This ous characters of a wife without a doctrine has been repeatedly ap- husband, and a husband without a plied by the court, in the cases that wife.--" have been cited. The court has “ The truth of the case, according never been driven off this ground. to the impression which the whole It has been always jealous of the of it makes upon my mind, is this : inconvenience of departing from it; – Two persons marry together ;
both of good moral characters, but piness. Mr. Evans has received with something of warmth and a complete vindication of his chasensibility, in each of their tempers ; racter. Standing upon that ground, the husband is occasionally inatten. I trust he will act prudently and sive; the wife has a vivacity that generously; for generosity is prusometimes offends, and soinetimes dence in such circumstances. He is offended; something like unkind. will do well to remember, that the ness is produced, and is then easily person he contends with, is one over inflamed; the lady broods over petty whom victory is painful; that she resentments, which are anxiously is one to whom be is bound by fed by the busy whispers of bumble every tie that can fasten the heart confidants ; her complaints, aggra- of one human being to another; she vated by their reports, are carried is the partner of his bed !- the to her relations, and meet, perhaps, mother of his offspiing ! And if with a facility of reception from mistakes have been committed, their honest but well-intentioned and grievous mistakes have been minds. A state of mutual irrita- committed, most certainly, in this tion increases ; something like incisuit, she is still that person whose vility is continually practising, and mistakes he is bound to cover, not where it is not practised, it is con only from his own notice, but, as far tinually suspected; every word, as he can, fro:n that of every other every act, every look has a meaning person in the world, attached to it; it becomes a con “ Mrs, Evans has likewise some. test of spirit, in form between two thing to forget; mistakes have been persons eager to take, and not abso- made to her disadvantage too in this lutely backward to give, mutual of- business : she, I say, has something fence; at last the husband breaks to forget. And I hope she has oot up the family connection, and to learn, that the dignity of a wife, breaks it up with circumstances cannot be violated by submission to sufficiently expressive of disgust: a husband. treaties are attempted, and they “ It would be happy indeed, if, by miscarry, as they might be expected a mutual sacrifice of resentments, to do, in the bands of persons peace could possibly be restored. strongly disaffected to each other; it requires, indeed, great efforts of and then, for the very first time, as generosity, great exertions of pruDr. Arnold has observed, a suit of dence on their part, and on the cruelty is thought of; a libel is part of those connected with them. given in, black with criminating if this cannot be done; if the matter ; recrimination comes from breach is too far widened ever to be the other side ; accusations rain closed, Mrs. Evans must find her heavy and thick on all sides, till all way to relief; for she must not conis involved in gloom, and the par- tinue upon her present footing, no, ties lose sight of each other's real not for a moment; she must call character, and of the truth of every in the intervention of prudent and one fact which is involved in the respectable friends ; and if that is
ineffectual, she must apply to tbe « Out of this state of darkness and court, under the guidance of her error, it will not be easy for them to counsel, or other persons by whom find their way. It were much to be the matrimonial law of this kingdom wished, that they could find it back is understood." again to domestic peace and hap
ECCLESIASTICAL HISTORY. Sketches of the Ecclesiastical His. The personal characters of tory of Great Britain. the British and Danish leaders, the
treacheries of a disaffected nobility No. XII.
on one side, and the courage. of a From the death of Dunstan to bardy and victorious army on the the Norman Conquest, England other, are sufficient to account for was the scene of a rapid succession the second subjection of England to of revolutions which engrossed the the Danish yoke. And so far were attention of all parties, and left little the Monastic Clergy from favouring or no leisure for religious improve the invaders, that the resistance, as ment. Accordingly the Church of upon former occasions, was most England was found at the Conquest, resolute and protracted, precisely in a state closely resembling that where the Monks were most powerwhich it had attained at the end of ful. the tenth century. And the events The siege and destruction of Canupon which we are now to comment terbury, and the martyrdom of must be considered rather as an Archbishop Elphegius, are events illustration or an effect of what went which occupy a principal place in before, than as constituting a dis. the history of the age. The venetinct portion of our Ecclesiastical rable Prelate was obnoxious to the History.
Danish invaders, on account both of The Danes renewed their descents the obstinacy of the defence to which upon Britain in the year 981, and his presence gave rise, and of his the imbecility of King Ethelred to- refusal to levy money upon the gether with the feuds of his princi- Churches in his Diocese, for the pal nobility, opened for them an purpose of defraying his ransom. easy access into the heart of the Personal safety was twice offered to country.
The zeal of Protestant him and twice refused. At the writers has induced them to ascribe
commencement of the siege his the miseries which now ensued to friends intreated him to fly from a the Monastic system, and to St. Dun- scene, to which his years and in. stan. The only ground for such an firmities were very ill adapted. He accusation is a passage in Ingul. answered, “God forbid that I should phus, who relates that Queen Elfri- tarnish my character by so inglorida and a large body of the Nobility vus a practice, and be afraid to go to took part with the Secular Clergy heaven because a violent death may and assisted them in dispossessing lay across the passage. Immorta. the Mercian Monks, and especially lity is so great a privilege, that a man those of Evesham. After which, ought to grasp at it upon any terms. with the connivance and consent of It would ill become me to desert my the Canons, the property of the countrymen in time of danger, and Abbey was divided among the no make an ignoble provision for mybility. It is curious, that the same self. It is the duty of the shepherd, cause which so materially promoted to watch by his flock.” Animated the reformation, should have been by these feelings he persevered in in action six hundred years before the discharge of bis sacred functions that event took place and it is until the eneiny was in possession possible that the dissensions which of the town. The Cathedral was were fomented by the love of Church the last refuge to which the people property may have materially weak- fled. It was burnt and plundered ened the state. But there is no suf without remorse or delay, and few ficient ground for attributing the of its miserable tenants escaped ruin of the nation to this single with their lives. Elplegius had not
hesitated to expose himself to the nals, and the accounts which it confury of the conquerors, with the tains are highly deservingof attention. view of prevailing upon them to Turketul was the restorer or second spare his companions. But the sole founder of Croyland Abbey, and fruit of his expostulation, was his considered himself bound to colown imprisonment, with an offer lect the traditions which related to to spare his life, upon the receipt its origin. But this portion of the of three thousand pounds of silver. work is fabulous and incredible in The ransom might have been easily the extreme; and it is not until we procured, if Elphegius had exhorted arrive at the actions of Turketul or permitted his clergy to surrender himself, which were recorded by the plate and other ornaments of his successor Egelric, that we make their churches and monasteries. any near approach to sobriety of But he refused to have recourse to truth. With a view of rendering such a system ; and warning his the possessions of the Abbey more people against the idolatry and im- secure, Turketul persuaded the morality of their conquerors, ex. Monks to surrender all their old horting them to continue in the faith estates, as well as the additional and practice of Christians, he was estates with which he had endowed stoned to death eight months after them, to the King; and to receive the sack of Canterbury, by the them back as a new grant. This generals and soldiers of the Danish fact if we could depend upon it, army. His life by Osbern is un would give us a great insight into fortunately disfigured by the usual the state of property and of law in addition of miracles, visions, and those unsettled times. But no reprophecies-but his character is an liance can be placed upon Anglohonour both to the Church and the Saxon charters * They were proMonks, and the nation might have duced, as will appear hereafter, escaped the disgrace and ruin into in the Norman Courts, with an which it fell, if the temporal no abundance and a confidence which bility had followed the example of cannot be sufficiently adınired, and Elphegius.
what is more they are made to cor. The principal churches and towns respond in language, style, and shared the fate of Canterbury-aod character, with the title deeds of a during the remainder of Ethelred's much later æra. life, and the short reign of bis son The monastic regulations of TurEdmund Ironside, the historians ketul may be received with less hesihave nothing to relate but rapine, tation than his legal subtleties. He treason and slaughter. Canute gave was appointed Abbott by King the kingdom a respite from its ca- Edgar: and Dunstan and the other lamities. His power although found. principal prelates invested him fored on conquest rather than on right, was employed for the good of the
* There is an affectation in the Diode people whom he governed. His ecclesiastical administration espe. reader may probably be amused. The
of signing these charters, with which the cially, was firm and impartial. assent of each party to the deed is signiThe monasteries recovered rapidly fied by a different word—and when the from their recent misfortunes, and subscribers are numerous, they appear to the division of the country into have been at a loss for variety. The parishes became general if not uni- signatures to a charter of Canute are as versal. The history of Croyland follows: The King writes confirmari, and
so also vloes the Archbishop of Canterby Ingulphus, or rather by Turketúl, Egelric and Ingulphus, is the bury, the others say, affirmari, consignari
, most authentic source of information navi, approbavi, consensi, concessi, affui, respecting this portion of our an interfui, astili, audivi, aspexi.
mally with spiritual authority. He The authority by which they were divided his Monks into three classes, prescribed was
that of Turketul the first consisting of those who had himself, a pious and exemplary man spent less than twenty-four years devoted to the service of his God, in the Monastery, took the regular and the relief of his fellow creatures. duty of the House, the choir, and He spent the latter years of his life the refectory, and obeyed all the in devotion and charity; confessing commands of their superiors. Those that he was still an unprofitable between the twenty-fourth and for- servant; and putting his only trust tieth year of their profession formed in the mercy of Christ. He was a the second or middle class, were vigilant superintendant of the schools exempted from the more servile, connected with his monastery; reoffices, and were expected to assist warding and stimulating the diliin the most important business of gence of the scholars rather than the Monastery, both by prudent severely correcting their idleness. counsel and personal labour. The To his aged and venerable Monks tbird class or seniors were composed he paid that respect and attention of all between the fortieth and fifti- which his statutes required from eth years of their profession, who others; and to three of them more were merely required to assist at especially who are said to have at. mass, and were considered as milites tained the ages of 148, 142, and 115 emeriti, who had borne the heat and years, he performed all the offices labour of the day, and were now, of a son and a servant; when his especially if they sustained an un rank and his infirmities would bave blemished reputation, to be held been an excuse for different conworthy of all honour, and exposed duct. He died at the age of sixtyto no privation. The Quinquage. eight, and in the twenty-seventh narian, or Monk of fifty years stand- year of his Monastic profession ; ing, was entitled to a comfortable leaving Croyland Abbey in posseschamber in the Infirmary, and to the sion of great riches, reputation, and constant attendance of a younger strength ; exhorting its inhabitants mouk as his companion, and of a boy to continue in srict obedience to their for his servant. He had the full rule, and warning them against the and free range of the House. The indolence and sensuality to which bad news of the Convent was not to they were exposed. be mentioned in his presence. If all Abbots had followed the Every body was bound to treat him example of Turketul, monkery with respect; old age was to be might have possessed greater claims assuaged by peace and quiet. The upon our gratitude than the judgactual government of the Monasteryment of impartial history can admit was committed to the Prior; an it to enjoy. But every thing was officer who was appointed for life, suffered to depend upon the indiviexcept in cases of grave and re dual character of the Abbott. The peated misconduct. The Precentor appointment to his office was speehad the privilege of regulating the dily usurped by the Crown. CourChoir; and not only the Prior and tiers, and men of bad character, obMonks, but even the Abbott was tained a preference which they did required to comply with his direc pot merit. The monastic life detions. The Sacristan was invested generated below the usual standard with Archidiaconal power over the of worldly decency; and respect for whole territory (parochia) of Croy- the order was only to be preserved land. And these statutes were by fraud. It was the better sort of added to the rule of St. Benedict, Monks that John Fox compared and declared equally binding upon with men of a lower profession, but the inhabitants of the Monastery. much purer practice; and even of