How law was lived: prosecutions for nonobservance of holy days in medieval English ecclesiastical courts

In the Middle Ages people were legally obligated to attend church on holy days and abstain from work and commerce. When they broke one of these laws, they could be prosecuted by the church courts—and many were. This dissertation uses medieval court cases to recreate how the courts interpreted and implemented the law. It demonstrates that the church courts were not oppressive institutions forcing people to observe holy days. Rather, it shows that the church courts closely cooperated with local elites to prosecute people. Failing to observe holy days was a moral issue of great interest to the whole community. The church courts did not mindlessly prosecute people who failed to properly observe holy days. They were pastoral institutions who operated with the approval and assistance of local lay leaders.

This dissertation asks a simple question: “What is law?” What the law is, and what are viable sources of legal authority, are issues which have been addressed by writers throughout human history. Rather than merely examining the theoretical writings of lawyers, this dissertation focuses on what medieval church courts considered to be law. It focuses on the law actually practiced by the courts. Using cases involving people who failed to properly observe holy days, it seeks to show how the church courts in England interpreted and implemented the law. Ultimately, the church courts implemented a law in nonobservance cases which was pastoral in nature. The church courts seem to have implemented ideas found in manuals created to assist with confession.