The 'bawdy courts': how England's church courts judged fornication
In short
For centuries, fornication and adultery in England fell to the church courts, nicknamed 'bawdy courts', not the common law. Offenders could be ordered to do public penance or be excommunicated. Blackstone noted their 'feeble coercion' in the 1760s. By the late eighteenth century this jurisdiction over lay people had fallen into disuse; York's cause papers (1300–1858) preserve thousands of cases.
What the full article will cover
- What were the church courts and what did they judge?
- Why were they called 'bawdy courts'?
- How were fornication cases brought and punished?
- What did public penance involve?
- Why did the church courts lose their moral jurisdiction?
- Where can their records be consulted?
Frequently asked questions
- Could a church court send someone to prison for fornication?
- What was a 'presentment'?
- When did church courts stop judging lay people's morals?
- What happened to people who refused to do penance?
Sources
- dhi.ac.uk — https://www.dhi.ac.uk/causepapers/
- avalon.law.yale.edu — https://avalon.law.yale.edu/18th_century/blackstone_bk4ch4.asp
- en.wikipedia.org — https://en.wikipedia.org/wiki/Consistory_court
- legislation.gov.uk — https://www.legislation.gov.uk/ukpga/Vict/23-24/32/contents
- legislation.gov.uk — https://www.legislation.gov.uk/ukpga/Vict/20-21/85/contents
General information, not legal or religious advice.