1.4: caste study - influence of church on C&P

• • church was influentials in all areas of life, including crime and punishment
  • henry II’s efforts to reduce the church’s influence
  • criminals could avoid punishment by claiming benefit of the clergy or sanctuary
• | power of church in middle ages

  • clergy were the most educated members of a community
  • churches were the largest buildings
  • reminded people of god’s power on earth
  • reminder that church had the power to judge & protect
• | power of church in middle ages

  • owned 20% of the country’s wealth
  • church decided whether people were guilty or innocent & punishment recieved
• | power of church in middle ages

  
• | end of trial by ordeal - 13thc

  • church’s role administering these trials demonstrates the important role it played in determining guilt in the middle ages
• | end of trial by ordeal - 13thc

  • 1215: pope ordered priests to stop helping trials by ordeal.
  • without priests to organise trials, system quickly came to an end
  • trial by jury was used as an alternative
  • jury was a group of 12 men who observed the trial and decided whether the accused was guilty
• | church courts & king

  • in the 11th century, william I had encouraged church to deal with ‘moral crimes’; offered criminals to REFORM & believed punishment by RETRIBUTION was wrong
  • maiming was seen as a better punishment than execution as they offered criminals a chance to think about their crimes and feel regret for them
• | church courts & king

  • 12th century, henry II tried to LIMIT power of church; concerned that separate courts challenged his AUTHORITY & undermined the system he wanted
  • king & bishops met to make them agree to constitution of clarendon
• constitution of clarendon was a clear statement of relationship between church laws and the king‘s laws
• | church courts & king

  benefit of clergy

  • the right that clergy should only be tried at church courts
  • this was the power struggle between church and henry II & how power could be undermined
  • church courts were LENIENT
  • punishments inc pilgrimage, confession & apology at mass
  • open to abuse; anyone can claim to be clergy_ they had to read Psalm 51 (neck verse) as clergys were the only ones who could read so criminals can memorise it to escape punishment
• | church courts & king

  offering sanctuary

  • offered in important churches
  • can go to church and ask help of clergy who reported the crime
  • if it was fair, accused person was given a chance to swear on OATH to leave the country in 40 days instead of going to court
  • lasted to medieval until 1536
• | summary!

  • church was an extremely powerful institution & influenced approaches to crime & punishment
  • church courts provided members of clergy with alternative trials & punishments
  • sanctuary & trial by ordeal demonstrate that medieval justice relied on god as the ultimate judge
  • changes in church law could have an impact on law enforcement eg the end of trial by ordeal & introduction of JURIES