The Church and the Law in Late Medieval England

What was the role of the medieval Church in crime and punishment?

The Church played a central role in medieval law and order. This influence sometimes brought it into conflict with the king.

How could the medieval Church influence law and order?

The medieval Church had 4 main roles to play in law enforcement.

• ❖ It oversaw trials by ordeal until these were formally ended by the pope in 1215.
• ❖ It dealt with a range of moral crimes.
• ❖ It offered benefit of clergy, which allowed criminal clergymen and other church workers to be tried by a more lenient Church court.
• ❖ It offered sanctuary, which was protection for criminals who claimed it.

How did the medieval Church come into conflict with the king over crime and punishment?

There are 4 important reasons why the Church came into conflict with the King.

• ❖ Henry II challenged the Church over its courts more than any other king.
• ❖ He believed Church courts were too lenient on criminals in the clergy because they never sentenced people to death.
• ❖ He disliked churchmen being outside his control when it came to law and order.
• ❖ He felt Church courts made law enforcement less consistent across England.

What role did Becket play in law and order in the medieval Church?

King Henry II fell out with the Archbishop of Canterbury, Thomas Becket, over the issue of Church courts. Becket was brutally murdered by the king's men in 1170 and Henry was eventually forced to seek forgiveness.

Why was the medieval Church a problem to law and order?

In the eyes of King Henry II and some later kings, the continuing strong power and influence of the Church challenged royal authority and hindered effective justice.

How were medieval Church courts misused?

Church courts were misused in 4 key ways:

• ❖ Some criminals used the Church courts to try and avoid severe punishments.
• ❖ They would claim benefit of clergy as being tried in a Church court was far less likely to end in a sentence of death.
• ❖ Some shaved their hair into a tonsure to disguise themselves as churchmen.
• ❖ There was no way for the Church to check whether the accused belonged to the clergy or not.

How did sanctuary work in the medieval Church?

There were 4 ways sanctuary worked under the medieval Church:

• ❖ Anyone who claimed sanctuary was then protected by the Church and could not legally be removed by force.
• ❖ The criminal then had 40 days to decide whether to face trial or leave the country.
• ❖ Those who left had to go barefoot and carry a wooden cross. They were expected to board the first ship heading overseas.
• ❖ Sometimes they were escorted to the coast by guards, to protect them from vengeful citizens and ensure they left.

What was the 'benefit of clergy' in the medieval Church?

The church offered its workers 'benefit of clergy' if they were accused of a crime. It was essentially a way of allowing them to receive a more lenient punishment.

How did the 'benefit of clergy' work in the medieval Church?

There were 5 main ways the benefit of clergy worked:

• ❖ Benefit of clergy allowed the accused to be tried in a Church court, which was more lenient and less likely to sentence them to death.
• ❖ This right was only meant for priests but could be claimed by anyone who worked in the Church.
• ❖ As there wasn't always a way to check whether the accused worked for the Church, its authorities introduced a test to make sure they were clergymen.
• ❖ The test involved reading a psalm from the Bible as generally only churchmen could read.
• ❖ The psalm was always Psalm 51, which led to criminals learning and reciting the verse from memory in order to claim benefit of clergy.

What was the 'neck verse' in medieval Church courts?

The Church asked the accused who claimed benefit of clergy to read a Bible verse to prove they were churchmen. It was always the same psalm, so those outside the clergy learned it by heart. It became known as the 'neck verse' because it helped them escape hanging.

What happened to trials by ordeal in the medieval Church?

Trials by ordeal were officially ended during the late medieval period.

When were the trials by ordeal ended by the medieval Church?

They were formally abandoned in 1215.

Who ended the trials by ordeal in the medieval Church?

Pope Innocent III banned church involvement in trials by fire and water.

Why were trials by ordeal abandoned by the medieval Church?

This was because the Church was becoming more rational and taking a greater interest in securing justice.