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Crime and Marriage in Three Late Medieval Ecclesiastical

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Crime and Marriage in Three Late Medieval Ecclesiastical Crime and Marriage in Three Late Medieval Ecclesiastical Jurisdictions: Cerisy, Rochester and Hereford Andrew John Finch Thesis submitted for the degree of Doctor of Philosophy Department of History, University of York September 1988 Contents Acknowledgements (v) Abbreviations and conventions (vii) Abstract (iv) Chapter 1: Context (i) The register 1 (ii) The communities of the officiality 3 (iii) The court: personnel, jurisdiction and 13 competing jurisdictions (iv) Comparative material (a) The Rochester Act book (1347-1348) 23 (b) The Hereford visitation return 25 Chapter 2: Marriage litigation 31 (i) Cerisy marriage litigation 32 (ii) Rochester instance litigation 43 (iii) Clandestine marriage in the Rochester 48 ex officio business (iv) Matrimonial affairs in the Hereford 53 visitation return (v) Conclusion 61 Chapter 3: Divorce, separation and repudiation 72 (i) Formal divorce and separation 73 (ii) Informal separation and repudiation 76 Chapter 4: Cerisy sexual morality (i) Fornication 1314-1346 87 (ii) Adultery 1314-1346 94 (iii) Fornication 1371-1414 97 (iv) Adultery 1371-1414 100 (v) Fornication and adultery 1451-1458 108 (vi) Fornication and adultery 1474-1485 110 (vii) Priests 115 (viii) Prostitution 123 Chapter 5: Rochester sexual morality (i) Adultery 131 (ii) Fornication and incest 133 (iii) Priests 138 Chapter 6: Assaults and brawls 142 (i) The pattern of violence and its 146 comparative context (ii) The characteristics of violence 154 (iii) Motive 164 (iv) Place and time 172 (v) Assailants and victims 179 (vi) Women and violence 190 (vii) Domestic violence 198 (viii)The Officiality of Paris: actions for 204 assault 1384-1387 (ix) Conclusion 208 Chapter 7: Rape 211 Chapter 8: Homicide 219 Chapter 9: Defamation 227 Chapter 10: Theft and usury (i) Theft 235 (ii) Usury 240 Chapter 11: Aspects of pastoral care 242 (i) Absenteeism 246 (ii) Working on feast days 248 (iii) Blasphemy 250 (iv) Magic and divination 252 (v) Safeguarding the Holy 255 Chapter 12: (i) Parental authority and the problem of 260 clandestinity (ii) Society, feud and ecclesiastical 276 discipline General Conclusion 286 Appendices: A: Defamations and prosecutions for fornication 291 and adultery (1314-1346) B: Incidence of assaults and brawls within the 294 register (1314-1485) C: Officers of the court 299 Bibliography (i) Primary sources 300 (ii) Secondary works 303 References Chapter 1 317 Chapter 2 324 Chapter 3 330 Chapter 4 333 Chapter 5 342 Chapter 6 344 Chapter 7 353 Chapter 8 355 Chapter 9 356 Chapter 10 357 Chapter 11 358 Chapter 12 361 Tables and maps 4.1 Number of armed acts of violence (by period) 156 4.2 Weapons used 1314-1485 157 4.3 Seasonality of violence 177 4.4 Numbers of assaults with accused and victims 180 4.5 Appearances in register of male accused (1314-1345) 181 4.6 Male accused: appearances in the register of 182 accused and further involvement in violence (c.1369-1414) 4.7 Male victims: appearances in the register of 184 victims and further involvement in violence (c.1369-1414) A map showing the origins of those involved in violence within the officiality may be found between pages 186 and 187. Other maps, showing the general vicinity of the off iciality and of the region as a whole, have been placed towards the end of the work, immediately following the appendices. Abstract This work is based primarily on the register of the abbatial peculiar of Cerisy in Normandy (1314-1486), the Act book of the Consistory court of the diocese of Rochester (1347-1348) and the visitation returns for the diocese of Hereford from 1397. Material is also taken from the civil register of the officiality of Paris (1384-1387) and visitation returns for the diocese of Barcelona from 1303. All the sources highlight several aspects of the disciplinary concerns of the church. They are also valuable sources both for historians of crime and social historians in general. Their potential is great and in the context of this sudy it has only been slightly exploited in the case of the Hereford visitation returns. Further work on this particular document would be greatly enhanced by the production of a new edition of the text complete with the necessary critical apparatus and including the omissions made by the original editor. The material relating to violence within the Cerisy register is of particular significance. The cases of physical assault are striking both for their exceptionally large numbers - for a church court - and their descriptions of the nature and effect of the injuries sustained by victims. These are outlined with care and increasingly graphic detail. Certain themes stand out. Violence was very much a masculine preserve. It was characteristically spontaneous, generally without motive, and often of a petty nature. Most men appear only once in the court record either as agents or victims of violence. Rape was very much a crime of violence and proved to be an important factor in motivating attacks on women. Women were also particularly vulnerable to domestic violence. The other business of all three main sources is very much as to be expected for the 'bawdy courts'. At certain times, crimes against sexual morality predominate at Cerisy, as they do generally at Rochester. The Hereford visitation was also primarily concerned with sexual morality, but this material has not been utilised in the course of this study. Fornication was more common than adultery, and the two courts adhered to a canon-legal hierarchy of sin in determining the appropriate punishments. Adultery was considered to be a more heinous offence than simple fornication. Rape was usually placed at the top of the hierarchy. The court employed different approaches in punishing these crimes. At Rochester public penitential beatings were the order of the day, while at Cerisy, pecuniary penalties were used. This perhaps represents the general commutation of penance. Material from Cerisy, Hereford and Rochester sheds light on the church's desire to control and regulate the process whereby marriages were formed and lay habits in this area. Instance litigation, ex officio prosecutions for clandestinity and informal separations, point to a view among certain of the laity that marriage was a private contract rather than an indissoluble sacrament. The church itself sought to promote individual consent, but was willing to sacrifice the principle under certain circumstances. Acknowledgements I would like to take the opportunity to thank all those who have helped and directed me in this work. My thanks, are of course, mainly due to my supervisor, Dr. P.P.A. Biller, who had sufficient confidence to leave me to direct this work very much on my own; I hope that this confidence has been rewarded. Dr. J.A. Sharpe, also of the Department of History at York, provided me with a valuable introduction to the history of violence, and Dr. J.B. Post of the Public Records Office was kind enough to answer my queries on the topic. Miss P.E. Morgan and her assistant, Miss M. Jancey provided me with every help and assistance, together with very welcome cups of coffee, during my visits to the cathedral archives at Hereford. My especial gratitude goes to my former history teacher, Mrs. V. Rees, and naturally to my parents: to my mother who first interested me in the past, and to my long suffering father who provided the means whereby I could indulge this strange obsession. Philip Goodyear, gave his friendship and many patient comments and suggestions; my good friend, Gillian Cuthbert, very kindly drew the maps which accompany the text and was always a source of encouragement; Jackie Stride placed her living room floor at my disposal while I was working in the British Museum Library; and Richard Croft helped with the typing of the thesis. Among the friends who helped and encouraged me during the writing of this work, particular mention should be made of Joanne Bray, Chris Daniell, Jeoff de Groet, Vivienne Lawes, Katsuko Nagata and Jasvinder Kaur Virdee. Their friendship has been in many the ways the most rewarding aspect of undertaking research. I have learned much more from them than books could ever teach. Abbreviations and Conventions Bannister (1929) and (1930) Bannister, A.T. (ed.), 'Visitation Returns of the Diocese of Hereford for 1397', English Historical Review, xliv (1929). pp.279-89, 444-53; xlv (1930). PP.92-101, 444-63. Bessin Bessin, G., Concilia Rothomagensis provinciae, 2 vols. in one (Rouen 1717). Chobham, Summa Thomas of Chobham, Summa Confessorum, ed. F. Broomfield (Analecta Medievalia Namurcensia, xxv Louvain 1968). Dufresne, 'Cerisy' Dufresne, J.L., 'Les comportements amoureux d'apres les registres de l'officialite de Cerisy (xive-xve s.), Bulletin philologique et historique du Comite des travaux historiques et scientifiques for 1973 (1976). 'Montivilliers' 'La delinquance dans un region en guerre: Harfleur - Montivilliers dans la premiere moitie du xve siècle', Actes du 105 e congres national des societes savantes (Caen 1980), vol. II: Questions d'histoire et de dialectologie Normande (Paris 1984), pp.179-214. Esmein Esmein, A., Le Marriage en droit canonique, 2 vols. (1891), reprint (New York 1968). Helmholz, Marriage Litigation Helmholz, R.H., Marriage Litigation in Medieval England (Cambridge 1974). 1.t. livre(s) tournois. Mansi Mansi, J.D., Sacrorum conciliorum nova et amplissima collectio, 31 vols. (Florence and Venice 1757-98); new impression and continuation, ed. L. Petit and J.B. Martin, 60 vols. (Paris 1899-1927). 0.P. Petit, J. (ed.), Registre des causes civiles de l'officialite episcopal de Paris, 1384-87, (Paris 1919). Pontal, I and II Pontal, 0. (ed.), Les statuts synodaux frangais du XIII e siècle, 2 vols. (Paris 1971 and 1983). R.I. Dupont, M.G., Registre de l'officialite de Cerisy, 1314-1457, Memoires de la Societe des Antiquaires de Normandie, 3 e ser., x (Caen 1880).
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