The Church and the law
Christianity was very powerful in the Middle Ages and had a vital role to play in law enforcement and social control. People were probably as terrified of eternal hell as they were of suffering harsh penalties for lawbreaking.
Almost everyone went to church without fail. It was widely believed that God protected the innocent and punished the guilty and that the sinful would suffer eternal hell.
Peasants spent much time toiling on church land without pay in addition to their regular work. They were forced to pay tithes, a 10 per cent tax on their earnings, to the Church. They were told they would perish in hell if they failed to do so. [History Learning Site]
Religion also played a pivotal role in criminal hearings. All cases appearing before court had to be declared before God.
Church Courts
Churches in the Middle Ages had their own courts, used to try priests, bishops, monks, nuns and other members of the clergy.
The vast majority of serious criminal cases, ranging from murder to taking deadwood for fuel from royal forests, were heard by Royal Courts. People convicted of crimes heard in these courts could be sentenced to death. After their executions all their property would be confiscated by the court.
In sharp contrast, Church Courts could only dish out lighter sentences and were not allowed to give out capital punishment.
These courts often heard cases relating to alleged crimes against Christianity, such as failure to attend church and blasphemy.
In Medieval times many people were illiterate but all members of the clergy could read and write. A literacy test was often used to determine if someone worked for the church and should therefore be tried by the Church Courts. [Law in the Middle Ages]
The Reverend Wheatley sentenced to doing public penance for committing adultery.
Source: Newgate Calendar
Outlaws and fugitives
Suspects who failed to appear in court were declared “outlaws”. They had no legal rights, being deemed as outside the law. They could be legally killed by anyone who stumbled across them.
During Richard the Lionheart’s reign, from 1189 to 1199, five shillings were paid to anyone who cut off an outlaw’s head – a considerable sum at the time. [Knight]
Seeking sanctuary
If an unarmed fugitive managed to reach a church he could claim sanctuary inside it for up to 40 days. His pursuers were not allowed to follow but someone would have to guard the building during his period of sanctuary. Entire villages and towns could be fined if the outlaw escaped.
It is estimated that there were 1000 fugitives claiming sanctuary throughout England at any one time in the Middle Ages [Britain Express]
Sometimes fugitives who had sought shelter were able to flee the church and spend the rest of their lives in hiding.
Another way to escape execution was to “abjure the realm”. A Coroner could arrange for a fugitive in sanctuary to leave the country. The felon had to first make a confession. His land and possessions were seized by the Coroner before he was allowed to leave.
The felon then had to make his way by foot to a designated port, carrying a wooden cross. He was not allowed to stay in one place for more than a night. On reaching the port, he was to take the first available sailing to leave England. Failure to abide by these rules could lead to his arrest or instant execution. [Knight]
The right to sanctuary continued throughout the Tudor and part of the Stuart era but was abolished by James I in 1623.
Excommunication
One of the worst punishments that could be meted out by the Church was that of excommunication.
An excommunicated person could not take Communion – which meant his soul could not be cleansed for God. At a time when most people were terrified of hell, this was a severe punishment.
Christians were barred from talking to excommunicated people in their community. They could not give them food, rent them accommodation or associate with them in any way – even if they were family members.
Excommunication in Huntingdon
Few records have survived from Medieval times in Cambridgeshire. However, parish records show that excommunication continued to be used in the county’s churches for centuries to come.
Archives from the Archdeaconry of Huntingdon, published in the Cambridgeshire Archives by Cambridgeshire County Council, show that Humphrey Scott was excommunicated from Houghton parish in 1666.
Other excommunications from that timeframe include:
- Jane Brown and Thomas Pryor from Fenstanton parish, 1670
- Thomas Wells from Glatton parish, 1672
- John Stoughton, John Malleson and Elizabeth Grymes from St Ives parish,1673
- Richard Barringer and Richard Taylor, Somersham and Colne parishes, 1673
- William Gill, Bluntisham parish, 1674
Penance in Cambridgeshire parishes
The Archdeaconry of Huntingdon has also kept records of penance made by parishioners although it does not describe what punishments or penalties were handed out. Records are kept in the Cambridgeshire Archives.
Those having to atone for their “sins” from 1692 to 1698 included:
- Richard and Mary Wilson, of Hemingford Grey, for marriage without a license
- Edward and Susan Splaton, of Hemingford Abbots, for fornication before marriage
- William and Elizabeth Stockdale, of Offord Cluny, for fornication before marriage
- Alice Doughty, of Hemingford Abbots, for adultery and having an illegitimate child
The Cambridgeshire Archives also show that in 1684, Lazarus Betts was forced to kneel before the congregation at the Church of the Holy Sepulchre (the Round Church) in Cambridge. He had to declare himself “guilty of committing fornication with my now wife before our marriage”. He had to apologise to God and his community for his actions.
Sources