The Influence of the Church in the Medieval Period

This section explores the influence of the Church on crime and punishment during the Medieval period. Religion played a central role in English society from around 1000 to 1500, and the Church was a powerful institution with significant influence over various aspects of life, including law and order. The Church not only shaped moral and ethical standards but also played a vital role in the administration of justice, often making decisions about the guilt or innocence of individuals. Given that clergy were often among the most educated members of society, their involvement in legal matters meant that many criminal cases were influenced by religious beliefs and practices, which had a profound impact on how crimes were defined and punished.

Offering Sanctuary

One of the unique features of Church influence on law during the medieval period was the practice of offering sanctuary to criminals. Sanctuary allowed an individual accused of a crime to seek protection in a church, where they would be safe from arrest. This offered a temporary reprieve for those who could escape capture, and it was an important part of medieval justice.

• Sanctuary was available only in certain churches—typically those that were large, significant, or linked to pilgrimage routes, or those associated with important religious events.
• Once a criminal entered the church, a bell would be rung to alert the local community that sanctuary had been claimed. The criminal would be protected from arrest while inside the church grounds.
• The criminal had a period of 40 days to either stand trial or leave the country. If they chose to leave, they had to walk barefoot and carry a cross to the nearest port. From there, they would be able to board a ship and sail away. This was intended to show penitence, as the act of walking barefoot symbolised humility and contrition.
• If the criminal failed to leave within 40 days, they were declared an outlaw, and the protection of the Church would no longer apply.

The practice of offering sanctuary was eventually abolished in 1536 during the reign of Henry VIII as part of his reforms to increase the power of the monarchy over the Church.

Church Courts

The role of the Church in law enforcement was also evident in the establishment of Church courts. These courts, which had been introduced during Norman England, were responsible for trying clergy members accused of crimes. However, they were also tasked with dealing with moral offences, which were viewed as crimes against God rather than against the individual.

• Clergy who were accused of crimes were tried in Church courts, which were overseen by a bishop. These courts had jurisdiction over cases involving churchmen but also dealt with a wide range of moral crimes, such as failure to attend church, drunkenness, and playing games on a Sunday.
• The punishments handed down by Church courts were generally less severe than those imposed by secular courts, which might have resorted to capital punishment for certain crimes. Instead, punishments in Church courts often focused on spiritual penance and included acts such as forced pilgrimages, confession, and public apology at Mass.

While these penalties were less harsh than those in secular courts, they still carried significant importance, as they were seen as ways of restoring spiritual order and penance for the sinner.

Benefit of the Clergy

The concept of ‘benefit of the clergy’ was another way in which the Church exerted influence over legal proceedings. Originally intended to provide clergy with a more lenient trial process, this practice was often extended to other members of society who had connections to the Church. In essence, it allowed individuals to claim that they should be tried in a Church court rather than a secular court.

• To claim benefit of the clergy, an individual had to recite a verse from the Bible, specifically from Psalm 51. Since literacy was limited primarily to the clergy, it was assumed that anyone who could read the verse was part of the Church. However, non-clerics could learn the verse by heart and recite it in court to avoid the harsher penalties of a secular trial.
• This practice became known as the ‘neck verse’, as it was a common way for individuals to save themselves from execution. If the person was able to recite the verse, they were granted the right to a trial in the Church court, where the penalties were usually lighter. For example, a convicted person might be sentenced to a pilgrimage or other forms of penance, rather than death or mutilation.

The ‘neck verse’ became a common tool for those seeking to escape harsh secular punishments, particularly capital punishment.

Trial by Ordeal

A significant change in medieval law occurred in 1215, when Pope Innocent III officially ended the practice of trial by ordeal. Trial by ordeal had been used as a method of determining guilt or innocence, with the idea that God would intervene to reveal the truth. Common forms of ordeal included trial by hot iron or trial by water, where the accused would have to undergo painful or dangerous tests, and if they survived, they were deemed innocent.

• The Pope’s decision to end trial by ordeal was based on the belief that it was an unreliable system that could lead to unjust outcomes. It was possible for innocent people to be found guilty, and vice versa, and this was seen as a serious flaw in the justice system.
• Following the Pope’s ruling, the Church began to move away from trial by ordeal in favour of more rational methods of judgment, such as trial by jury or witness testimony.

Key Fact

In 1215, Pope Innocent III issued a decree that trial by ordeal was no longer a valid method for determining guilt, marking a significant shift in the medieval legal system. This move demonstrated the Church's growing influence over the development of law and its role in ensuring that justice was more aligned with reason rather than relying solely on divine intervention.

Conclusion

The Church played a fundamental role in the legal and moral framework of medieval England. From offering sanctuary to criminals to overseeing Church courts and the benefit of the clergy, the Church’s involvement in law enforcement reflected the deep intertwining of religion and the legal system. These practices continued to shape crime and punishment in medieval society until the Reformation in the 16th century, when many of these traditions were gradually dismantled by the monarchy. The Church’s influence, however, left a lasting impact on the development of English law.