Law In Middle Ages

Project submitted to:

Ms. Aditi Singh

(Faculty Of Law )

Project submitted by:

Devendra Dhruw

Semester 5 ; Section: C

Roll no. 59

23.10.2017

HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA, NEW RAIPUR, C.G.

1|Page
 CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled ‘ Law in Middle Ages ’ submitted to HNLU, Raipur,
is record of an original work done by me under the able guidance of Ms.Aditi Singh, Faculty Member
of Law , HNLU Raipur.

Devendra Dhruw

ROLL NO.: 59

SEMESTER – V

B.A.L.L.B (Hons.)

2|Page
 ACKNOWLEDGEMENTS

I feel highly elated to work on the topic “Law in Middle Ages “

Thanks to the Almighty who gave me the strength to accomplish the project with sheer hard work and
honesty. This research venture has been made possible due to the generous co-operation of various
persons. To list them all is not practicable, even to repay them in words is beyond the domain of my
lexicon.

I express my deepest regard and gratitude for, Ms.Aditi Singh, Faculty of Law . Her consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out the nuances of the project report.

I take this opportunity to also thank the University and the Vice Chancellor for providing extensive
database resources in the Library and access to Internet.

Some printing errors might have crept in, which are deeply regretted. I would be grateful to receive
comments and suggestions to further improve this project report.

Devendra Dhruw

Semester 5

Roll no: 59

3|Page
 TABLE OF CONTENTS

1. Certificate…………………………………………………………..….2

2. Acknowledgement ……………………………………………..……..3

3. Objective ……… ………………………………………………….…..4

4. Introduction - …………………………………………………………5

5. Judicial Administration in the middle ages………….………………...7

6. Types of Court in middle ages................................................................7

7. Church and the law……………………………………………………..8

8. Church in medieval period…………………………………………..…9

9. Crime and Punishment in middle age…………………………………11

10.Ways to Prove Innocence……………………………………………...12

11.Conclusion………………………………………………………….…..19

4|Page
 OBJECTIVE

The main purpose of doing this project to know more about:

 To know about the law in middle age.

 To understand about the working of church.

 To know about the types of court in Middle Ages.

 To know about the Crime and Punishment in Middle Ages.

Research Methodology

This project work is informative, behavioral, analytical and critical in approach. It is largely
based on the analysis of various aspects of defamation in law of torts. Books & other
references as guided by faculty of law are primarily helpful for the completion of this
project.

5|Page
 Introduction

After the collapse of Western Modern Empire, it became very difficult to manage the law and
order situations in the smaller kingdoms initiated by the Barbarians. Evolution and spread of
religious movements of Christianity and Islamism further complicated the situations. In order
to ascertain security of their kingdoms, kings preferred to transfer power to knights and
barons. Ordinary people, peasants and serfs accepted their rule to attain protection against
invaders and rival kingdoms. This situation gave way to the rise of feudalistic law and justice
system.

Feudalism; thus, wasn’t only a system to maintain power to rule, rather it was also a good
means to serve local justice to local people which included peasants, carpenters, blacksmiths,
weavers, bakers, and merchants and dealers. Under the feudal system, kings offered power to
barons to control large pieces of land in their kingdom. Thus, the right to jurisdiction was
under the knights, barons and dukes who controlled over local peasants and serfs.1

Judicial Administration in The Middle Ages:

The law in The Middle Ages was based on old Germanic ideas and customs but it was also
influenced by the ancient Roman law system. Knights, barons, and dukes had their separate
courtrooms where they used to offer judicial services for people living in their manor. Kings
had their personal court rooms which were considered above all. Cases in particular manor
were listened in the courtroom of the baron or knight controlling that manor.2

There were vassals who were appointed to help the barons, knights and dukes. These courts
were not known to act in public interest; rather, they used to wait until the plaintiff asked for
justice. The system was harsh and until a particular case has been solved, both the plaintiff
and the alleged criminal were treated similarly.

1
http://lawcommissionofindia.nic.in/1/Report14Vol2.pdf
2
http://lawcommissionofindia.nic.in/1/Report14Vol2.pdf

6|Page
 Types of Courts in the Middle Ages

The society of The Middle Ages was largely divided in three parts, the priests, the member of
nobility, and the serfs. The judicial system offered three types of courts to solve various
problems. In order to take decision about a case involving bishops, deacons, priests, clerks,
monks, nuns and other clergy men, there were special Church courts. No other courts had a
right over matters of Church and clergy.

Cases of ordinary people and serfs were often considered in manor courts where knights and
barons were used to offer their justice either through the means of ‘the oath,’ or by means of
‘the ordeals.’ Manor courts were often used to solve out cases of assault, petty theft,
drunkenness, and other petty crimes.

Serious cases were often considered under the royal courts where the kings used the common
law to offer justice. These courts were preferred for cases of murder, burglary, treason, rape,
cutting trees and poaching animals from royal forests and other charges which were
considered to be serious. While the law in The Middle Ages was mainly influenced by the
Church, it was significantly influenced by the ancient Roman culture and the Germanic
culture.3

Church Courts

1. only church courts could judge bishops, deacons, priests, clerks, monks and nuns
2. the church gave out lighter sentences than royal courts
3. they could not sentence death
4. all members of the clergy could read and write, therefore a literacy test sometimes
used to prove that a person worked for the church, and should be tried in the more
lenient (mild, merciful) church court4

3
http://www.yesnet.yk.ca/schools/projects/middleages/law/law.html
4
https://en.oxforddictionaries.com/definition/church_court

7|Page
 Manor Courts
1. many of the disputes in the manor courts had to do with farming and property(using
too much manure, ploughing another person's land)
2. manor courts dealt with charges of assault, petty theft, public drunkenness and other
small crimes
3. this court would even allow serfs to sue if they felt it was unfair
4. manor courts were like a village meeting, most of the villagers would attend
5. witnesses were very important
6. heavy fines were enforced for lying in the court
7. villagers decided who won the case
8. representatives of the lord, called stewards, acted as judges deciding the sentence of
the court (which was uaually a fine)5

Royal Courts
5. took care of serious crimes such as murder, treason, rape, burglary, poaching game
from royal forests, cutting trees or even taking deadwood for fuel from royal forests
6. royal courts used the ³common law²
7. it was called common law because it was the same for the whole kingdom
8. royal courts could order the execution of murderers and theives
9. after the execution of a criminal the court would take away all of his or her property6

The Church and The Law

1. the church determined much of the culture of Europe, but it was a complex blend of
Germanian, Christian and Roman cultures
2. the church tried to bring help to the common people, making laws fairer and
providing help for the poor in monastries
3. in a violent society, dominated by men and warriors, the laws were rough, with justice
favoring the strong
4. much of the barbarian law revolved around superstition
5
https://en.oxforddictionaries.com/definition/manor_court
6
https://en.wikipedia.org/wiki/Royal_Court

8|Page
 5. fines, of blood money, would be paid by the guilty and the amount would vary
depending on the rank of persons killed
6. fines were also paid to cover theft
7. men were worth more than women but a woman of marriageable age was worth more
than an old woman
8. all cases were declared before God7

The Church In the Medieval Period

1. During the Middle Ages, two distinct Christian churches emerged: the Orthodox
Christian Church in the east and the Roman Catholic Church in the west. (The two
branches split permanently in 1054.
2. The Roman Catholic Church became the main stabilizing force in Western Europe.
The church provided religious leadership as well as secular, or worldly, leadership. It
also played a key role in reviving and preserving learning.
3. At the head of the Roman Catholic Church was the pope, whom followers believed to
be the spiritual representative of Jesus on earth. Below the pope came cardinals,
archbishops, bishops, and local priests. For peasants and town dwellers, everyday life
was closely tied to local priests and the village church.
4. The main responsibility of the church was to serve the spiritual needs of medieval
society. Local priests instructed peasants and townspeople in the faith and provided
comfort to them in troubled times.
5. The Church taught that all men and women were sinners but that Christians could
achieve salvation, or eternal life in heaven, through faith in Jesus, good works, and
participation in sacraments, or sacred spiritual rituals. To escape the punishment of
hell, they needed to take part in the sacraments of the Church. Secular Role of the
Church
6. The Church filled many secular roles during the Middle Ages. As the largest
landholder in Europe, the Church had significant economic power. The Church also
gained wealth through the tithe, a tax Christians were required to pay that equaled ten
percent of their income.

7
https://archive.org/details/churchlawwithspe00desm

9|Page
7. The Church had their own set of laws called canon law, and its own courts of justice.
The Church claimed authority over secular rulers, but monarchs did not always
recognize this authority. As a result, there were frequent power struggles between the
pope in Rome and various kings and emperors.
8. Popes believed that they had the authority over kings. Popes sometimes
excommunicated or excluded from the Catholic Church, secular rulers who
challenged or threatened papal power. For example, Pope Innocent III
excommunicated King John of England in the 1200s during a dispute about
appointing an archbishop.

9. Some men and women became monks and nuns, leaving worldly society and devoting
their lives to God. They entered monasteries, communities where Christian men or
women focused on spiritual goals.

10. Monks and nuns took vows of chastity, or purity, and of obedience to the abbot, or
head of the religious order. They also took an oath of poverty.

11.  Monks and nuns also filled many other social needs, such as tending to the sick,
helping the poor, and educating children.

12.  In monasteries and convents (religious communities of women) monks and nuns
also preserved ancient writings by copying ancient texts. Some monks and nuns
taught Latin and Greek classics; others produced their own literary works.

13. Not all monks and nuns remained in monasteries. Some became missionaries, risking
their lives to spread the message of Christianity.

14.  The Church sometimes honored its missionaries by declaring them saints. St. Patrick
was a missionary who set up the Church in Ireland. St. Augustine was sent as a
missionary to the Angles and Saxons in England.

Crime and Punishment in the Middle Ages

10 | P a g e
The middle ages was a time of severe punishment and harsh torture for crimes that today
would seem trivial. People were beheaded and limbs cut off, vagabonds were often whipped
and chained in stocks. People lived in a state of fear thinking they would be the next victim.
Even the Catholic Church used torture and imprisonment to obtain confessions from people
regardless of whether they were guilty. Torture and punishment has existed for thousands of
years. Roman and Greek law stated that only slaves were allowed to be tortured, eventually
the laws changed and free men were tortured and imprisoned for committing crimes. People
often had their right hand cut of for stealing, people were beaten, burned alive, stretched on a
rack and women committing adultery were drowned. Suffocating people in water was a
common practice. People were boiled in oil, eyes were burned out with pincher's and fingers
torn off. Mutilation and branding's were common place. During Tudor times English laws
was practically geared toward torture. Vagrancy was considered a crime and people were put
in stocks so towns people could beat them. It was the poorer classes that were discriminated
against. Lords and high officials were exempt. Courts and judges did exist, but were bias and
often judgments were known before the case was even heard, if a person did not turn up to
court they were considered an outlaw and their property was seized and became the kings.

Ways to prove innocence under law in The Middle Ages

The Oath

Feudal courts weren’t based on the modern ideal of considering an accused ‘innocent until
proven guilty,’ as there was no concept of presumption of innocence. Rather, it was the duty
of the accused to prove his innocence. One could do so by taking an oath of innocence and
there was system of “oath-helpers,” according to which, the accused was required to bring
helpers, often neighbors or relatives, who swore that they believe that the accused is telling
the truth about his innocence. Right to jurisdiction was one of the ways for barons, knights,

11 | P a g e
dukes and other fiefs to earn income as they often preferred to atone most of the wrongs for
monetary punishment or fine.

The oath system may seem to be unsatisfactory and insufficient, but it was largely workable
because it was hard for an evil person or accused to bring enough ‘oath-helpers’ to support
him. On the other hand, a really innocent person, if accused, had proper chances to gain
support of enough “oath helpers.”

The Ordeal

In absence of oath-helpers, the accused often was provided another chance to prove his
innocence by means of the process of ‘the ordeal.’

Ordeal by Battles

In certain cases involving two nobles, trials were often decided through battles. The winner
of these battles was considered to be innocent because it was believed that God would protect
the innocent. However, it was not necessary for a person of nobility to fight for himself as he
could choose any experienced fighter to fight for justice on his behalf.

Ordeal by Bread

This was another method to prove innocence of an accused if he belonged to the nobility.
Under this ordeal, the accused was forced to eat full bread without chewing it. If the accused
succeeded in eating the slice of bread without chewing it, he was considered innocent. On the
other hand, if he choked, he was considered guilty. It was believed that God would help an
innocent to eat the bread without chewing it.

Ordeal by fire

Law in The Middle Ages was influenced by superstitions and beliefs. In cases involving
common men, the accused was forced to hold a hot metallic rod in his hands for a small
period of time. The wound caused through it was covered properly and in three days, if this
wound was healed, the person was considered innocent. On the other hand, if the wound
initiated to fester, the accused was considered guilty. Once again, it was believed that God
will heal the wound of innocent. Obviously, innocent or guilty, any accused was forced to
suffer the fire.

Ordeal by cold water

12 | P a g e
In certain cases, the accused was thrown in a barrel full of cold water. If the accused
drowned, he was considered guilty. On the other hand, if the accused swam and saved his
life, he was considered to be innocent. Water was considered to be a pure substance and it
was believed that God would not drown the innocent.

Conclusion

Law and order was very harsh in Medieval Period. Those in charge of law and order believed
that people would only learn how to behave properly if they feared what would happen to
them if they broke the law. Even the ‘smallest’ offences had serious punishments. The

13 | P a g e
authorities feared the poor simply because there were many more poor than rich and any
revolt could be potentially damaging – as the Peasants Revolt of 1381 proved.

The laws were strict during medieval period and even if the women committed any offence
she was given severe and harsh punishment. If you were found guilty of a crime you would
expect to face a severe punishment. Thieves had their hands cut off. Women who committed
murder were strangled and then burnt. People who illegally hunted in royal parks had their
ears cut off and high treason was punishable by being hung, drawn and quartered. There were
very few prisons as they cost money and local communities were not prepared to pay for their
upkeep. It was cheaper to execute someone for bad crimes or mutilate them and then let them
go. 

Bibliography

Books:

Jurisprudence and Legal Theory – V.D.Mahajan

14 | P a g e
Concept of Law - H.L.A Hart

Pure Theory Law – Hans Kelson

15 | P a g e