What rights for criminals condemned to death? Jurisdictional dialogue and clash between religious and secular authorities, c.1250–1320

Between the thirteenth and fourteenth centuries, a variety of legal actors became involved in disputes regarding the right of criminals condemned to death to access religious comforts such as sacraments, Christian burial, and the possibility to make bequests pro anima. These debates centred around important questions such as: which authorities held the right to grant or deny spiritual assistance to executed criminals? What normative bases could be invoked to support these claims? This paper argues that, in the period c.1250–1320, lay and religious authorities reiterated norms deriving from a multiplicity of pre-existing systems (canon law, Roman law, theological principles) to answer these questions. The underlying agenda of these debates, however, was a struggle for power regarding whose ultimate authority it was to decide who could be considered a member of the community and to what extent. In time, this struggle contributed to a gradual separation between the political community and a previously all-encompassing Ecclesia.

Publication Details

Journal
White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
Published
2025-01-22
Primary Topic
Medieval Literature and History
Type
article
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article

What rights for criminals condemned to death? Jurisdictional dialogue and clash between religious and secular authorities, c.1250–1320

White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
Medieval Literature and History
article

What rights for criminals condemned to death? Jurisdictional dialogue and clash between religious and secular authorities, c.1250–1320

article en

Abstract

Between the thirteenth and fourteenth centuries, a variety of legal actors became involved in disputes regarding the right of criminals condemned to death to access religious comforts such as sacraments, Christian burial, and the possibility to make bequests pro anima. These debates centred around important questions such as: which authorities held the right to grant or deny spiritual assistance to executed criminals? What normative bases could be invoked to support these claims? This paper argues that, in the period c.1250–1320, lay and religious authorities reiterated norms deriving from a multiplicity of pre-existing systems (canon law, Roman law, theological principles) to answer these questions. The underlying agenda of these debates, however, was a struggle for power regarding whose ultimate authority it was to decide who could be considered a member of the community and to what extent. In time, this struggle contributed to a gradual separation between the political community and a previously all-encompassing Ecclesia.

White Rose Research Online (University of Leeds, The University of Sheffield, University of York)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Medieval Literature and History
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