Wednesday, December 25, 2019

Law & Order in Medieval England

Very recommendable!

In my opinion one of the most interesting feature of this article:
"One of the things that I find fascinating about medieval English law is the transition from a criminal justice system in the 12th century that relied on trial by ordeal, to a system dependent upon juries to issue final felony verdicts by the early 13th century. That’s a world that came into being after the Fourth Lateran Council in 1215, when the Catholic Church withdrew priests from administering trial by ordeal. England was then forced to choose another method of proof."

The above referred to Council was very special and comprehensive in its regulations and did indeed decree in "Canon 18: Clerics may neither pronounce nor execute a sentence of death. Nor may they act as judges in extreme criminal cases, or take part in matters connected with judicial tests and ordeals. This last prohibition, since it removed the one thing that gave the ordeal its value, was the beginning of the end of Trial by ordeal."

Besides that the Council regulated a lot of dubious things like "Canon 67: Jews may not charge extortionate interest.
Canon 68: Jews and Muslims shall wear a special dress to enable them to be distinguished from Christians so that no Christian shall come to marry them ignorant of who they are.
Canon 69: Declares Jews disqualified from holding public offices, incorporating into ecclesiastical law a decree of the Holy Christian Empire.
Canon 70: Takes measures to prevent converted Jews from returning to their former belief."

Law & Order in Medieval England - Harvard Law Today: In a Q&A, Elizabeth Papp Kamali ’07 discusses her new book, trial by ordeal, medieval juries and "felonies committed feloniously."

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