Case Study 1: Influence of the Church in the 13th Century Flashcards
What was Benefit of the Clergy?
The principal that members of the Clergy should only be tried in Church courts. People had to prove their right to benefit of the clergy by reading Psalm 51 in the Bible.
Why was this system of justice unfair?
- At the time, mainly priests were able to read, however criminals memorised the passage to have a more lenient punishment. This was known as the ‘neck verse’ (since it saved you from the hangman’s noose)
- Benefit of the Clergy weren’t available to women since they couldn’t be priests.
What was offering sanctuary?
This was only offered at important Churches mainly along pilgrimage routes. Once inside the Church, the criminal was under the Church’s protection and the sheriff was not allowed to arrest them.
What options did the accused have once they were offered sanctuary?
1) Could agree to go to court
2) Swear an oath agreeing to leave the country within 40 days (if they didn’t leave in time, they were outlawed)
Why did Henry want to abolish this?
Offering sanctuary allowed many guilty people to get away with their crimes and limited the King’s ability to enforce the law.
What was a Church Court?
A court introduced by the Normans where only Churchmen could be tried. Church courts were much more lenient than manor/royal courts and didn’t sentence anyone to death.
When and why was trial by ordeal abolished?
In 1215, it was ended by the Pope since he disagreed with it and believed it to be unreliable (based on luck). This showed the Church’s power.
