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8 - The parish and the church courts: a mirror of society

Published online by Cambridge University Press:  29 July 2009

N. J. G. Pounds
Affiliation:
Fitzwilliam College, Cambridge
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Summary

… the number of persons whom they [the

church courts] were able to prosecute was

far greater than that of comparable secular

jurisdictions, namely the Assizes and the

Quarter sessions.

J. A. Vage

To ignore the courts and their work is to lose

a substantial part of the life of the ordinary

Elizabethan … The courts were, in fact, the

moral policemen of the time.

C. I. A. Ritchie

The courts christian, which continued to operate in England from the twelfth century until their extinction by statute in the nineteenth, constitute one of the most complex and confusing aspects of legal history. The law which they applied took cognisance of two types of cases. The first involved only the clergy and was based on the canon law which was developing during the eleventh and twelfth centuries. The clergy became amenable to lay jurisdiction only for treason and, by contrast, minor misdemeanours. In every other respect they were subject only to the church courts. The second concerned the laity in a range of activities, both spiritual and secular, ranging from testamentary and probate, through matrimonial and divorce, to sexual offences of every kind. The church also claimed jurisdiction over such matters as affray, if committed in a church or a cemetery (p. 477); over slander, usury and any and every offence which might have been conducive to social friction. The law aimed to maintain a spirit of ‘love and charity’ amongst the faithful.

Type
Chapter
Information
A History of the English Parish
The Culture of Religion from Augustine to Victoria
, pp. 291 - 324
Publisher: Cambridge University Press
Print publication year: 2000

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