Over the past thirty-five years, the name R. H. Helmholz has come to be synonymous with the early history of the English church courts. Thus, it comes as no surprise that his name should appear on the cover of the first volume in the Oxford History of the Laws of England series, dedicated to a study of the canon law and ecclesiastical jurisdiction. Both legal historians and church historians will agree that this volume is long overdue. Helmholz's masterfully written book is the first comprehensive examination of the workings and jurisdiction of the ecclesiastical courts, covering a broad spectrum of time from the early Anglo-Saxons to the final days of the consistory courts and weighing in at almost 700 pages.
The first four chapters are divided chronologically. Chapter 1, arguably the most fascinating chapter in the book, is an in-depth study of the Anglo-Saxon church. Little has been written about the legal character of the early church and its interaction and exchange with Anglo-Saxon institutions and culture. Helmholz explicitly defines early church-state relations: “what a later age would regard as confusion between the temporal and spiritual spheres was a common feature of Anglo-Saxon church life” (17). Helmholz sees the close relationship between the two as an explanation for certain ecclesiastical practices. For example, the Anglo-Saxon wergeld, which ascribes a value to each person's life according to rank and gender, Helmholz sees as a model for a penitential system that permits the penitent to commute penance into a monetary payment. The bond may also help to explain the distinctiveness of English history. Why did the Peace of God movement never make it to England? The English church may have believed that it was superfluous because of the powerful role played by the English king in keeping the peace. Chapter 2 addresses the English church from the Norman Conquest to the establishment of consistory courts, chapter 3 spans the later medieval period to the accession of Elizabeth, and chapter 4 extends to the abolition of the episcopacy. In each of these chapters, Helmholz addresses some thorny issues: jurisdictional boundaries, continental influence, the impact of Protestantism on the running of the courts and the teaching of canon law, and the independence of church law after the Reformation. Chapter 4, in particular, does an excellent job of highlighting the role of the church courts during a murky period when a good deal of development in legislation continued despite broader changes in religious and political spheres.
The final eight chapters are divided thematically, addressing the various procedures and jurisdictions of the church courts, from monetary obligations to the prosecution of criminous clergy to subjects for which Helmholz is most well known, such as marriage and defamation litigation. Perhaps the most astonishing and enlightening is the final chapter on crimes and criminal procedure. While the prosecution of crimes is typically associated with the royal courts of medieval England, the English church courts addressed a multitude of criminal or quasi-criminal acts under the guise of punishing sin. Rape, sodomy, disturbing the peace, witchcraft, blasphemy, sacrilege, neglect of religious duties, and heresy are just a few of the crimes that habitually fell under the jurisdiction of the English church. The final chapter provides a superb overview of the church's handling of these matters, as well as outlining the usual process in the investigation and trial of criminal matters in the church courts in general.
This first volume sets a high standard for the Oxford History of the Laws of England series. Helmholz's work is much more than a comprehensive survey of the primary documents and their secondary literature (as if that was not enough on its own). Helmholz makes every effort to fill in gaps in the history and explain the unique position of the English courts. For example, he offers potential explanations for why ecclesiastical jurisdiction in England is so markedly different than on the Continent, highlighting the role of custom; he draws attention to the failure of sanctuary to live up to ecclesiastical expectations; he acknowledges that the English benefit of clergy was contrary to the laws of the church and should have been rejected; and he even goes so far as to ask why defendants in breech of contract cases never pleaded that their oath to fulfil a contract was invalid because the contract itself was usurious. Helmholz's inquisitive and edifying approach reveals the experience of a seasoned teacher: he answers the difficult questions before they arise. Helmholz also uses the records of the church courts to correct errors in the secondary literature. For example, he describes conclusions drawn by some historians that the church “evaded or ignored” laws about usury as “facile” (378); rather, the records themselves demonstrate regular prosecutions of usurers throughout the Middle Ages. In Helmholz's hands, the records also establish the value of a long-durée perspective for Reformation historians. The court records themselves demonstrate that “most English parishioners cared as much about church and clergy in 1600 as they had in 1500” (520). To this end, Helmholz's discussion of maintaining jurisdictional boundaries, a running theme throughout the book, is certainly one of the most valuable contributions to the field. While historians have generally preferred to concentrate on jurisdictional dispute between church and state, Helmholz chooses instead to refocus our attention on the integration of the church courts into the English legal system. Neither the king nor his justices were constantly scheming to steal business from the church courts, nor did the English church redefine actions as sins in order to infringe on royal jurisdiction. Rather, for much of the period in question, both church and state accepted jurisdictional boundaries without question and cooperated to maintain a semblance of peace in English society.
This indispensable and highly accessible text goes a long way toward making sense of the English courts and providing continuity of perspective for the transition from medieval to early modern. Helmholz's fine work is an auspicious start to a long-awaited series.