Excommunication And The Secular Arm In Medieval England

First published in 1998, this valuable reference work offers concise, expert answers to questions on all aspects of life and culture in Medieval England, including art, architecture, law, literature, kings, women, music, commerce, technology, warfare and religion. This wide-ranging text encompasses English social, cultural, and political life from the Anglo-Saxon invasions in the fifth century to the turn of the sixteenth century, as well as its ties to the Celtic world of Wales, Scotland and Ireland, the French and Anglo-Norman world of the Continent and the Viking and Scandinavian world of the North Sea. A range of topics are discussed from Sedulius to Skelton, from Wulfstan of York to Reginald Pecock, from Pictish art to Gothic sculpture and from the Vikings to the Black Death. A subject and name index makes it easy to locate information and bibliographies direct users to essential primary and secondary sources as well as key scholarship. With more than 700 entries by over 300 international scholars, this work provides a detailed portrait of the English Middle Ages and will be of great value to students and scholars studying Medieval history in England and Europe, as well as non-specialist readers.

The 'runaway religious' were monks, canons and friars who had taken vows of religion and who, with benefit of neither permission nor dispensation, fled their monasteries and returned to a life in the world, usually replacing the religious habit with lay clothes. No legal exit for the discontented was permitted - religious vows were like marriage vows in this respect - until the financial crisis caused by the Great Schism created a market in dispensations for priests in religious orders to leave, take benefices, and live as secular priests. The church therefore pursued runaways with her severest penalty, excommunication, in the express hope that penalties would lead to the return of the straying sheep. Once back, whether by free choice or by force, the runaway was received not with a feast for a prodigal but, in a rite of stark severity, with the imposition of penalties deemed suitable for a sinner.

A re-evaluation of late medieval church courts' role in the enforcement of minor credit through the widespread, frequent excommunication of debtors.

"The Oxford History of the Laws of England" provides a detailed survey of the development of English law and its institutions from the earliest times until the twentieth century, drawing heavily upon recent research using unpublished materials.

After inquisitorial procedure was introduced at the Fourth Lateran Council in Rome in 1215 (the same year as England's first Magna Carta), virtually all court trials initiated by bishops and their subordinates were inquisitions. That meant that accusers were no longer needed. Rather, the judges themselves leveled charges against persons when they were publicly suspected of specific offenses?like fornication, or witchcraft, or simony. Secret crimes were off limits, including sins of thought (like holding a heretical belief). Defendants were allowed full defenses if they denied charges. These canonical rules were systematically violated by heresy inquisitors in France and elsewhere, especially by forcing self-incrimination. But in England, due process was generally honored and the rights of defendants preserved, though with notable exceptions. In this book, Henry Ansgar Kelly, a noted forensic historian, describes the reception and application of inquisition in England from the thirteenth century onwards and analyzes all levels of trial proceedings, both minor and major, from accusations of sexual offenses and cheating on tithes to matters of religious dissent. He covers the trials of the Knights Templar early in the fourteenth century and the prosecutions of followers of John Wyclif at the end of the century. He details how the alleged crimes of "criminous clerics" were handled, and demonstrates that the judicial actions concerning Henry VIII's marriages were inquisitions in which the king himself and his queens were defendants. Trials of Alice Kyteler, Margery Kempe, Eleanor Cobham, and Anne Askew are explained, as are the unjust trials condemning Bishop Reginald Pecock of error and heresy (1457-59) and Richard Hunne for defending English Bibles (1514). He deals with the trials of Lutheran dissidents at the time of Thomas More's chancellorship, and trials of bishops under Edward VI and Queen Mary, including those against Stephen Gardiner and Thomas Cranmer. Under Queen Elizabeth, Kelly shows, there was a return to the letter of papal canon law (which was not true of the papal curia). In his conclusion he responds to the strictures of Sir John Baker against inquisitorial procedure, and argues that it compares favorably to the common-law trial by jury.