Bill Litigation and the Observance of Sundays and Major Festivals in the Court of King's Bench in the Fifteenth Century

Abstract

The attitudes of medieval people toward Sundays and Holy Days have always been of interest to historians. They have been studied from at least five different perspectives. Max Levy, for instance, explained how Sunday developed from a day that commemorated Christ's resurrection, but was originally a working day (dies dominica), to a day of worship, contemplation, and rest. Initially no (servile) work was allowed, but exceptions were accepted because of necessity, like harvest work, or because of good intentions, like concern for the common good or for a pious cause. Others looked at the stance of the Church, analyzing the protests against the non-observance of Holy Days as well as the objections raised to the observance of Holy Days from the clergy or from laymen, or concentrated mainly on the work ban and its implications for working life in the Middle Ages. Willard and Haskett studied the observance of Sundays and Holy Days in government departments like the Lower Exchequer or the Chancery to see to what extent the working of the English government was affected. Legal historians, however, have not shown much interest in how the courts observed Sundays and Holy Days, mainly because everything seemed to have been settled since the late thirteenth century. Paul Brand recently stated that it had “clearly become the general practice by the second half of the reign of Edward I for the Common Bench and King's Bench not to sit on Sundays,” or on All Saints Day (1 November), All Souls Day (2 November), the feast of the Purification (2 February), Ascensiontide, and the feast of the Nativity of St. John the Baptist (24 June), all of which fell within term time.