Ecclesiastical Courts

Ordinary people came under the jurisdiction of these institutions. Church courts were established in Saxon times, but their role was more sharply defined under the Normans, clearly separating their and the Crown’s judicial authority. Until 1858 (apart from a brief interlude under the Commonwealth), authority over probate was in the hands of the clerical courts. Secondly, these courts dealt with a variety of offences relating to religion and morals, if the two could be seen as separate, up to 1860.

These courts dealt with a variety of matters, though these tend to be less well known now. The Church was concerned, naturally enough, with Christian morality and was empowered to deal with those who transgressed its boundaries. Because these courts dealt with sexual matters, such as adultery, fornication, divorce and incest, they have been named the bawdy courts. Other offences included slander, the refusal to pay tithes, non-attendance at church and Easter offerings. Witchcraft was dealt with by the church courts up to the sixteenth century when it became a civil criminal offence. Suits could be brought against clergymen, too, by both the laity and fellow clergy. Those damaging church property also fell into their orbit. It has been estimated that about a tenth of our medieval ancestors were brought before these courts.