Anaya Nolan
The legal system in the medieval era was largely based on common or customary law, influenced by Roman law and the decisions of ecclesiastical authorities. During this period, the legal profession emerged, with lawyers serving royal courts, universities, church officials, and cities. The Middle Ages also witnessed the development of organised law enforcement, courts, and primitive policing, with community involvement playing a crucial role in maintaining law and order. Medieval law covered a wide range of issues, from criminal activity and compensation to moral disputes and marriage laws governed by the Church. The transition from trial by ordeal to trial by jury marked a significant shift in the criminal justice system, influenced by the Church's decision to withdraw priests from administering ordeals. The concept of judgement of God prevailed, with harsh punishments designed to deter potential offenders. The legal system was shaped by negotiations between the crown and different social groups, reflecting the social and political dynamics of the time.
| Characteristics | Values |
|---|---|
| Time period | Middle Ages |
| Location | Europe |
| Influenced by | Roman law |
| Influenced | Legal codes of Europe, Africa, the Americas, and South Asia |
| Division | Sacred and secular jurisdictions |
| Trial method | Trial by ordeal, trial by jury |
| Basis | Royal authority |
| Enforced by | Royal judges |
| Influenced by | Canon law, the law of the Roman Catholic Church |
| Influenced | Common law practices |
| Influenced by | Natural law |
| Influenced by | Civil codes |
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What You'll Learn
The influence of Roman law
Medieval Roman law refers to the legal institutions evolved by the Romans that influenced the laws of other nations long after the fall of the Roman Empire. During the Roman Republic (753–31 BCE), jus civile (civil law) was developed, applying exclusively to Roman citizens. Later, the Romans developed jus gentium (law of nations), which was applied to both Romans and foreigners.
In the Middle Ages, a new interest in the "learned law" inherited from the Romans spread throughout Europe, leading to the establishment of universities that taught civil and canon law. This resulted in the creation of the legal profession, with lawyers serving royal courts, universities, church officials, and cities. Medieval Roman law influenced the legal codes of Europe, Africa, the Americas, and South Asia, as scholars combined their common law practices with a framework of natural law and civil codes based on Roman law.
Commentators in the 12th and 13th centuries, known as glossators, produced large-scale harmonization and commentary on ancient Roman law texts, developing new concepts such as the concept of half-proof in the law of evidence. Their interpretations were compiled into a text known as the Glossa Ordinaria. As lawyers trained in Roman law concepts came to dominate the legal profession, Roman law gained influence. Roman law acted as a "'common law'" (ius commune) that filled gaps in local laws and supplied principles of interpretation. For example, Scots law was heavily influenced by Roman law from the 15th century onwards.
Roman law also had a significant impact on Western political theory. Writers with legal training discussed questions such as the scope and limits of government and the permissibility of tyrannicide in legal terms. Roman law was incorporated into later codifications of continental law, such as the Napoleonic Code, forming the core of modern European civil law systems.
English law also incorporated Roman concepts through the works of Glanvill and Bracton, although it adopted a non-Roman jury system for evidence evaluation. Canon law, which governed matters such as marriage, developed in parallel with medieval Roman law and incorporated many of its concepts. Postglossators of the 14th century, such as Bartolus de Saxoferato and Baldus de Ubaldis, developed a more mature and flexible legal theory, allowing for the incorporation of new concepts.
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The transition from trial by ordeal to trial by jury
Medieval law was the body of law in Europe during the Middle Ages. In the context of medieval England, the transition from trial by ordeal to trial by jury took place in the 12th and 13th centuries.
Trial by ordeal was an ancient judicial practice used to determine the guilt or innocence of the accused by subjecting them to painful, unpleasant, and often dangerous experiences. It was believed that God would help the innocent by performing a miracle during these trials, which were considered a "judgement of God" or "judicium Dei" in Latin. The two most common methods of trial by ordeal in England were trial by cold water and trial by hot iron.
In the 12th century, the criminal justice system in England relied on trial by ordeal. However, by the early 13th century, there was a transition to a system that depended on juries to issue final felony verdicts. This change occurred after the Fourth Lateran Council in 1215, when the Catholic Church withdrew priests from administering trial by ordeal, forcing England to adopt a different method of proof.
England's transition from trial by ordeal to trial by jury was relatively swift due to the existing use of juries of presentment, which determined whether a suspected person should be tried by ordeal. These juries played an intermediate role in the justice system and rendered verdicts of "suspected" or "not suspected". With the withdrawal of trial by ordeal, England moved towards jury trials, while continental Europe shifted towards inquisitions and confessions, sometimes obtained through torture.
The trial by jury system that emerged in the 13th century involved a jury of 12 men who decided on the guilt or innocence of the accused. These men might have known the defendant, the victim, or both. The English courts of the 13th and 14th centuries also considered the defendant's state of mind when judging guilt or innocence, contributing to relatively low conviction rates during this period.
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The role of the Church in law
The Church played a central role in the law and order of the Middle Ages. It had a significant influence on the legal system, sometimes bringing it into conflict with the king. The Church had four main roles to play in law enforcement: overseeing trials, offering benefit-of-clergy, acting as a sanctuary, and defining crime.
The Church oversaw trials by ordeal until they were formally ended by Pope Innocent III in 1215. The Pope banned church involvement in trials by fire and water, as he believed they were unreliable and could result in incorrect judgments. Trials by ordeal were replaced by trial by jury, which became the standard method for issuing felony verdicts in England.
The Church also offered the "benefit of clergy," which allowed criminal clergymen and other church workers to be tried by a Church court, which was more lenient and did not sentence people to death. This right was intended for priests, but it was often extended to anyone connected to the Church.
The Church provided sanctuary, protecting criminals who claimed it and offering them 40 days to decide whether to face trial or leave the country.
In the Middle Ages, the Church's influence on the legal system brought it into conflict with the king. King Henry II challenged the Church over its courts, believing they were too lenient on criminals in the clergy and hindered effective justice. The conflict between the Church and the king led to the brutal murder of the Archbishop of Canterbury, Thomas Becket, in 1170.
The Church's role in law and order was also shaped by its religious beliefs and practices. Medieval English texts emphasized the redemptive potential of humanity and the belief that only God could fully judge a person's mind and heart. This influenced the legal system, as English courts considered a defendant's state of mind when judging guilt or innocence.
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The development of a legal profession
The legal profession has its origins in ancient Greece and Rome. In Greece, individuals were supposed to plead their own cases, but they often asked a "friend" for assistance. This rule was widely flouted, but it prevented orators from presenting themselves as legal professionals or experts. In contrast, the Romans allowed advocates to practice openly and charge fees for their services, although there was a fee ceiling of 10,000 sesterces. Early Roman advocates were trained in rhetoric, not law, and they argued before judges who were also not law-trained. However, Rome developed a class of specialists learned in the law, known as jurisconsults (iuris consulti). These jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby, but they provided legal opinions to advocates and ordinary people.
After the fall of the Western Roman Empire, the legal profession in Western Europe collapsed. It only re-emerged during the 12th and 13th centuries in the form of experts on canon law. During this time, the profession began to be regulated and extended its reach to civil as well as ecclesiastical law. By 1250, the nucleus of a new legal profession had clearly formed, with lawyers trained in Roman and canon law becoming professionals. This trend towards professionalization was seen in the civil courts in England, which in 1275 enacted a statute prescribing punishment for deceitful lawyers, and in the French crown's 1345 ordinance governing advocates.
The development of the legal profession was influenced by the emergence of universities that taught both civil and canon law, such as those in Paris, Oxford, Naples, and Bologna. The rise of canon law and renewed interest in Roman law also led to the development of new legal procedures and the formal training of proctors and advocates. Commentators and glossators, such as Azo of Bologna and Accursius, produced large-scale commentaries and interpretations of Roman law texts, seeking to derive universal principles and apply them to contemporary conditions. The work of these glossators and commentators contributed to the development of a more mature and flexible legal theory that could incorporate new concepts.
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The influence of medieval law on modern legal systems
Medieval law, the body of law in Europe during the Middle Ages, has had a profound influence on the legal codes and systems of modern times. This influence is evident in Europe and beyond, including Africa, the Americas, and South Asia. The impact of medieval law can be traced back to the rediscovery and dissemination of Roman legal writings, which laid the foundation for the development of codified law and the Western legal tradition.
During the medieval period, the University of Bologna played a pivotal role in reintroducing Roman law to the Western world. The rediscovery of the "'Digest" or "Corpus iuris civilis" in 11th-century Italy sparked a renewed interest in Roman legal concepts. This led to the establishment of universities in Paris, Oxford, and Naples, where both civil and canon law were taught. The influence of the University of Bologna extended across Europe, with eminent legal scholars such as Henricus de Segusio (Hostiensis) teaching canon law at the University of Paris and influencing other legal centres.
Canon law, the law of the Roman Catholic Church, developed in parallel with and incorporated many concepts from medieval Roman law. Gratian's "Decretum" or "Concord of Discordant Canons" was a landmark work that synthesised existing compilations of canon law and elevated its status as a separate but equally important legal system. The development of canon law and its interaction with Roman law contributed to the expansion of legal education and the professionalisation of civil and canon lawyers.
Medieval law also witnessed significant advancements in criminal justice. The 12th and 13th centuries marked a transition from trial by ordeal, or "'judicium Dei'" ("judgment of God"), to trial by jury. The Fourth Lateran Council in 1215 formally replaced trial by ordeal, moving legal matters to the dominion of civil law and establishing a distinction between sacred and secular spheres. This period also saw the drafting of the Magna Carta, which curbed the power of the monarch and subjected royal authorities to a legal code, paving the way for the rights of the individual.
The influence of Roman law extended beyond the medieval period, shaping the legal codes of emerging European nation-states in the post-medieval era. Medieval Roman law acted as a "'common law'" that filled gaps in local laws and provided principles of interpretation. It was incorporated into later codifications such as the Napoleonic Code, forming the core of modern European civil law systems. The development of legal theory by postglossators in the 14th century, such as Bartolus de Saxoferato and Baldus de Ubaldis, gave the law flexibility and the ability to incorporate new concepts.
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Frequently asked questions
Medieval laws were created by a variety of people and institutions, including the Catholic Church, monarchs, and various legal professionals.
Medieval law was influenced by Roman law, which was taught in universities and shaped the legal codes of Europe, Africa, the Americas, and South Asia. Canon law, the law of the Catholic Church, also developed in parallel with medieval Roman law and incorporated many of its concepts.
The medieval period saw the development of organised law enforcement, courts, and primitive policing. Trials were common, and the community played an important role in law enforcement.
