Canon Law

Although there was a slight difference in the way commoners and members of the nobility were dealt with by the law, the greatest division was between the treatment of those covered by Canon (Church) Law and those in the secular sphere. In theory, members of the clergy were immune from prosecution under secular law, with any recognised clergy (including nuns) falling under the jurisdiction of canon law, as did many scholars in minor orders–as a modicum of learning was regarded as a precondition for ordination.

Papal pronouncements formed the basis of Canon law and was interpreted by specialist canon lawyers. Canon law cases were theoretically judged by bishops, but in Northern Europe from the 13th century they typically delegated deputies (ecclesiastical judges) to hear cases for them. Canon law was complex and often opaque, with the result that cases could drag on for long periods. Canon law also, as the Church held it should not shed blood, did not hand out physical punishment, allow ordeals or sanction torture (however, torture was authorised by Pope Innocent IV in 1252 in order to gain confessions from heretics). A common punishment being the stripping of clerical status–a much less serious sentence than being hung. As a result accused parties often sought to claim benefit of clergy; until the HC period this often being simply determined by checking whether the accused could read. Rulers naturally tried to restrict these privileges, to gain authority, fines and to literally stop people getting away with murder.

Certain offences committed by non-clergy could also fall under canon law and go before the bishop’s court, these being typically sexual offences (including adultery and fornication). Sexual behaviour of the common laity was often minutely pried into–to a degree that would seem highly intrusive to modern sensibilities. Sex was viewed as being “bestial” and unclean–women, and their ‘moist cool’ corrupting menstrual blood, being blamed for most offences. Heavy lengths of penance could be ordered for even sex between man and wife, if performed on a fasting day or feast day; additionally stripping and whipping of offenders around church buildings was common. Heresy, naturally, also fell within the ecclesiastical courts’ remit, as often did disputed wills and other cases in which oaths were a central issue.