C&P from book Flashcards
What were the four main types of crime in the Anglo Saxon times?
Crime against the person, property, authority and church (moral crimes)
what were the 5 main methods of law enforcement in the Anglo-Saxon times?
- Trial by Ordeal and Jury
- Religious beliefs
- the Hue and Cry
- Tithings
- Collective responsibility
what were the main punishments in Anglo-Saxon times?
- Fines called ‘Wergild’
- corporal punishment
- deterrents
- retribution
- prison before trial
- hanging
- burning
what were the three main changes to the nature and type of crime after the 1066 Norman Conquest?
- Crimes against the King not the individual
- Poaching and outlaws - becomes illegal to hunt in newly defined forest areas - King wants exclusive hunting rights
- it became illegal for a serf to leave his lord’s village - because of a change in society - introduction of the Norman feudal system
what were the main methods of law enforcement after the 1066 Norman Conquest?
- Castles
- Feudal system
- murdrum fine
- tithings
- hue and cry
- forest laws
- trial by combat
- Church courts
what changed for women after the 1066 Norman Conquest?
they had fewer equal rights
what changed for punishments after the 1066 Norman Conquest?
- increased capital punishment for serious crimes and poaching - death penalty introduced for poaching
- Ended ‘Wirgild’ - fines paid to King and not to victims of crime
- power of the King grew in crime and punishment
- Branding
- murdrum fine - fines for murdering a Norman are paid by community where body is found - because King wants to protect Normans against Saxon population
- increase in number of crimes punishable by death or mutilation
what changed in the nature and main types of crime under the later medieval kings?
- Bigger towns meant more crime
- Statute of labourers and heresy laws
- High treason
what changed for law enforcement under the later medieval kings?
- justices of the peace appointed by the king
- king more in control
- more centralised
- wards
- parish constables
- sheriffs
- church and royal courts
- coroners
what were the main punishments under the later medieval Kings?
- Fines
- Stocks
- Pillory
- Corporal punishments and execution
- high treason = hung, drawn and quartered
- deterrents
what changed in the nature and main types of crime in Early Modern England?
- there was development in Heresy and treason due to the reformation
- Vagabondage and witchcraft
- the rise of smuggling
- Influence of puritan Oliver Cromwell
what methods of law enforcement continued to be used in Early Modern England?
- hue and cry
- local responsibility with local courts
- parish constables
- Justices of the peace
- rewards
what methods of law enforcement were introduced in Early Modern England?
- royal judges visiting local areas for serious crimes
- arrests warrants for citizens
- use of the Tower of London for heretics
- Town watchmen or constables
- Night watchmen
- Thief takers
- laws for vagabonds and witchcraft
- Habeas Corpus (1679)
which punishments/types of punishments continued to be used in Early Modern England?
retribution and deterrence, corporal/capital punishment, hanging, fines, burning at the stake for heresy. Recantation. Excommunication. The pillory. Whipping. Prisons before trial.
which punishments were introduced in Early Modern England?
Transportation. Early prisons. The ‘Bloody Code’. Start of a theory of rehabilitation. Houses of Correction. Carting. Women labelled as ‘scolds’ ducked in a river
what were some main types of crime from c.1700 to c.1900?
poaching, smuggling, highway robbery
did witchcraft continue during the period c.1700 to c. 1900?
no, it ended
what were the changes in law enforcement in the period c.1700 to c.1900?
- The Fielding Brothers and The Bow Street Runners 1748
- development of the police force in 1829 and CID 1842
- belief in humanitarianism
which punishments ended or declined during the period c.1700 to c.1900?
transportation, public execution and the Bloody Code. Fewer people were hanged
which punishments were introduced during the period c.1700 to c.1900?
prison ships, increased use of a prison for punishment, solitary confinement, prison reform - John Howard and Elizabeth Fry, The ‘Black Act’. Death Act. Holloway Prison for women
name 14 crimes that changed or developed between c.1900 and the present day
- theft and smuggling developed
- driving offences
- race and hate crimes
- homophobic crime
- drugs crime
- domestic violence
- abortion law changes
- terrorism
- people trafficking
- cybercrime
- Fraud
- copyright
- extortion
what has changed in law enforcement since c.1900?
a move towards crime prevention, neighbourhood watch, specialisation in the police force, impact of science and technology
what are 4 examples of specialisation in the police force since c.1900?
- Fraud squad
- Drug units
- dog handling unit
- special branch
name 8 ways the police force has been impacted by science and technology
- speed cameras
- CCTV
- Biometric screening
- transport
- Forensics - DNA database, fingerprinting, blood types
- PNC checks
- computers
- photography
what has changed for punishments since c.1900?
- abolition of the death penalty
- changes to prisons - open prisons and specialist treatment of young offenders
- non-custodial alternatives to prison
- age of criminal responsibility increased
Give some non-custodial alternatives to prison
- ASBO
- community service
- treatment programs
- tagging
when was the Anglo-Saxon time period?
c.410 - 1066
when was Norman Britian?
1066 - 1154
when was Late Medieval England?
1154 - 1485
when is early modern England generally considered to start and end?
It is generally considered to start with the first tudor monarch, Henry VII’s, rise to power in 1485 and end in approximately 1750 at the start of the industrial revolution.
when were victorian times?
18th and 19th century (1700-1900)
when is the post-modern era?
1900-now
what time period was it between c.410 and 1066?
Anglo saxons
what time period was it between 1066 and 1154?
Norman Britain
what time period was it between 1154 and 1485?
late medieval england
what time period was it between 1485 and 1700?
early modern
what time period was it between 1700 and 1900?
18th and 19th century (victorian times)
what is the name of the time period 1900 to now?
the Twentieth century (post-modern)
when was the Viking invasion of Britain?
793-1066
what happened in 1066?
the Battle of Hastings
when was the Black Death?
1348
what happened in the Battle of Bosworth?
King Richard III died
when was the Battle of Bosworth?
1485
when was the Gunpowder Plot?
1605
when were there witchraft beliefs?
1560-1650
when was the Industrial Revolution?
1750-1900
when did public execution end?
1868
when were the whitechapel murders?
1888
when was 999 introduced?
1937
when was WW2?
1939-1945
when was the end of the death penalty?
1965
what was petty theft?
stealing small, low value items
what is poaching?
illegal hunting on someone else’s lang
what is hate crime?
crime based on prejudice against a certain group
what is high treason?
plotting to kill or betray a king or queen
what is terrorism?
the use of violence to bring about religious/political change
what is heresy?
going against the official, expected religion
what is fraud?
deliberately deceiving to gain money or personal benefits
what do you call a punishment that harms the body?
corporal punishment
what do you call the death penalty?
capital punishment
what was a borstal?
a centre to educate and rehabilitate young offenders
what is diminished responsibility?
not being fully in control when carrying out a crime
what do you call making an action legal and no longer a crime?
decriminalisation
what is the penal code
a term which means ‘punishment’
what is maiming?
physically harming/cutting/amputating
what is a deterrent?
a punishment to discourage a crime
what is an injunction?
not being allowed to do something - stay away from a partner or place
name a key ruler from circa 1000. What did he do?
King Ethelred II - he enforced the law even more by attacking the Vikings and gaining an alliance with Normandy in France
what was the population of England in Anglo-Saxon times? How does this compare to the modern day?
the population then was roughly 1.7 - 2 million (it’s now about 67 million)
how much of the population lived in the countryside in Anglo-Saxon times?
90%
name three influences on crime and punishment during the Anglo-Saxon period
- local communities
- the King
- the church
name four things that small rural communities were helpless against in Anglo-Saxon times
- warfare
- bad weather
- poor harvests
- diseases, such as the plague
what is the King’s Peace? (anglo saxon times)
the belief that it was the King’s duty to take care of law and order so people could go about their lives in a peaceful way
what were nobles responsible for in anglo-saxon times?
keeping peace in their area. They appointed Shire reeves to make sure people followed laws
who made the laws in Anglo-Saxon times? Who was it up to to enforce the laws?
Even though the King made the laws, it was up to the local community to enforce the law
what were the main trends in crime and punishment during the Anglo-Saxon era?
- the power of the King grew as he was able to make more decisions about penalties/punishments
- the role of the Christian Church also grew due to the influence the church had over people’s lives - especially their attitudes and beliefs
- the use of capital punishment increased. This was to make the power of the King even more visible
What was the structure of society in the Anglo-Saxon times?
society was split into 3 tiers under the King - the nobles, freemen and the serfs. The nobles would have influence over the King to decide laws. In return they had to ensure peace in their area and would also appoint a local official called a ‘Shire Reeve’ to maked sure people followed the laws
what were the three main towns that grew during the Anglo-Saxon period? What impact did this have on crime?
The three main towns to grow in this time were Southampton, York and London. In these busy towns there was a greater opportunity for crime as not everybody knew each other and the busy locations meant crimes could be committed more easily
what was the punishment for stealing a nun?
you would have had to pay 120 shillings, half to the King and half to the bishop and to the church who owns the nun
what was the punishment for making up rumours about someone?
your tongue would be cut off
what would happen if you committed treason in Anglo-Saxon times?
you would either have to pay the King’s worth of be executed
how did juries work in Anglo-Saxon times?
- the jury was made up of men from the same village as the accused
- all of them would personally know the accused
- they would take into account what was said in the trial and any evidence
- they also took into account personal knowledge and the personality of the accused
what was trial by hot iron (or fire)?
It was a trial for women only where the accused would hold a red hot iron bar and then have their wounds dressed. If after 3 days their wounds were healing it was considered that god had protected them and they were innocent, if their wounds were infected God had forsaken them
what was trial by hot water?
it was a trial for men only where the accused would retrieve an object from the bottom of a pot of boiling water. Their wounds were bounds and inspected 3 days later: if its healed well, you were believed to be innocent, but if it had healed badly you were believed to be guilty
what was trial by cold water?
a trial for men only where the accused was thrown into a local pond or lake. The water represented purity, therefore the guilty would be rejected and would float; unfortunately the innocent would be accepted into the pure water and could well drown.
what was trial by sacrament (or blessed bread)?
it was mainly used for the clergy and involved the accused praying that if they were guilty they would choke on a slice of bread, they would then eat the bread and if they survived they were innocent. (example of benefit of the clergy
what is retribution? give an example.
retribution is a punishment that matches the crime, e.g. a thief would have their fingers cut off so they couldn’t steal again
when and why did Anglo-Saxon England end?
in 1066 with the Battle of Hastings
what happened under the forest laws?
large parts of the countryside were turned into royal forests which the King could use for hunting
what was the murdrum fine?
if a Norman was murdered by an Anglo-Saxon, a fine was issued. It was a large sum of money that would have to be paid not just by the accused but also by the hundred from the same village. This money was paid directly to the King and not the victim’s family
what was the King’s mund?
William II (the conqueror)’s belief that it was the King’s responsibility to maintain the peace of the country
name changes that were made crime and punishment after the Battle of Hastings
- Trial by Combat was introduced - arguments over money or land would be solved y two men fighting to the death with swords or large sticks. This matched the Norman tradition of warfare and combat skills
- William II made more decisions about laws compared with the old Anglo-Saxon kings. Law enforcement became more ‘centralised’ rather than being left to individual communities
- William controlled his people using the Feudal System. This meant that a villager was now not allowed to leav many Anglo-Saxon nobles were replaced with Norman nobles. This system meant that everyone worked for the King
4.
did the laws get harsher or more lenient under William II? Why?
William had had to take England by force, so his laws and punishments had to be much harsher to keep power and control over the Anglo-Saxons
why did William II order peasants to built castles?
It meant that the Normans could control the local Anglo-Saxons. Castles showed strength and royal control. They were intimidating
How was anglo-saxon society developed?
from their first invasion of the 5th century through to the Norman invasion of 1066 Saxon society developed greatly. This was mainly due to the fact that their society grew in size and complexity. Initially Saxons arrived in smaller tribal groups and settled where they found appropriate land. These smaller communities grew into small kingdoms, which grew into larger kingdoms. These kingdoms began to grow in strength and swallow each other up until eventually they all merged to form one Saxon kingdom,
Whose duty was it to make and enforce laws towards the later part of the Saxon period?
towards the later part of the Saxon period, as the authority of the Anglo-Saxon king and the territory of England grew, it was increasingly accepted that the King would make and enforce laws. The king relied on advisers to help him govern the country, but he held overall authority and it was his duty to keep the King’s peace.
what were crimes against the person?
crimes, like assault or murder, that cause physical harm to another person
what were crimes against property?
crimes, like theft, robbery and arson, that involve taking or damaging something that belongs to another person
what were crimes against authority?
crimes, like treason and rebellion, that involved threatening the social structure of society or the monarch.
what were crimes against the church/moral crimes?
Actions that didn’t physically harm anyone or their property, but didn’t match up to society’s views on decent behaviour: for example having sex outside of marriage, or not sticking to the rules and customs of the church
in the anglo-saxon times, what type of crime was murder and what was the punishment for it?
it was a crime against the person, and the punishment was the wergild
in anglo-saxon times, what type of crime was assault and what was the punishment for it?
it was a crime against the person, and the punishment for it was maiming
in the anglo-saxon times, what type of crime was public disorder, and what was the punishment?
it was a crime against the person, and the punishment was the stocks or pillory
were stocks for your hands or your feet?
your feet
was the pillory for your hands or your feet?
your hands
in the anglo-saxon times, what type of crime was theft, and what was the punishment?
it was a crime against property, and the punishment was fines or maiming.
in the anglo-saxon times, what type of crime was counterfeiting coins, and what was the punishment?
it was a crime against property, and the punishment was getting your hand chopped off
in the anglo-saxon times, what type of crime was arson, and what was the punishment?
it was a crime against property, and the punishment was hanging
in the anglo-saxon times, what type of crime was treason, and what was the punishment?
it was a crime against authority, and the punishment was hanging
in the anglo-saxon times, what type of crime was betraying your lord, and what was the punishment?
it was a crime against authority, and the punishment was hanging
what were the Anglo-Saxons’ six key methods of law enforcement?
- blood feuds
- wergild
- the hue and cry
- tithings
- saxon justice
- trial by ordeal
what were blood feuds?
if a person committed a crime against another then the victim’s family may have a blood feud with the criminal’s family. The main problem with this method was if the victim’s family retaliated with something that was considered harsher than the original crime then the family of the original criminal would feel the need to retaliate further to balance things out. This could go on for generations. This system was ended in the later Saxons period
what was the wergild?
The Saxons relied heavily on a system of fines called wergild. Wergild, translating directly as “blood money”, was compensation paid to the victims of crime or to their families. The level of fine was carefully worked out and set through the king’s laws. Wergild, unlike blood feud, was not about retribution and so made further violence less likely. However, it was an unequal system. The wergild for killing a noble was 300 shillings; the wergild for killing a freeman was 100 shillings; while the fine for killing a peasant was even lower. Perhaps most outrageously, the wergild paid for killing a Welshman was lower still!
Wergild was also used to settle cases of physical injury, with different body parts given their own price. For example, the loss of an eye was worth 50 shillings, whereas a broken arm could be settled with payment of only 6 shillings to the victim.
what was the hue and cry?
if a member of the community saw a crime being committed they would cry out for others in the village to come to their aid and everyone was expected to help apprehend the criminal.
what were tithings?
once a man reached 12 years old he was expected to join a tithing. a tithing was a group of 10 men who were all responsible for each other’s behaviour. If one committed a crime the others were responsible for bringing him to justice, if they did not and he was caught anyway the punishment would be given to all members of the tithing. This shows how law enforcement was a shared responsibility.
how did Saxon Justice work?
if a criminal was caught and needed to be brought to justice then they would be brought before the local lord at a kind of court known as a ‘folkmoot’. The folkmoot was a meeting of the local lord and members of the local community who knew the accused and could make a judgement on their innocence or guilt. If they made a decision of guilty then the lord would decide upon an appropriate punishment. If the folkmoot could not reach a decision the accused would then have to undertake an ordeal.
in punishments in the Anglo-Saxon times, was the focus on deterring criminals or reforming them? why?
deterring criminals: the Saxons had to use punishments as a deterrent as the only prisons they had were used simply to hold criminals before trial, not to reform them.
what type of crimes were the majority of crimes in Anglo-Saxon England?
minor crimes: petty theft and damage to property
how common was violent crime in Anglo-Saxon England?
Violent crime was rare and was reduced further towards the latter part of the Anglo-Saxon period as Blood Feuds stopped being used
which three ways did minor crimes tend to be dealt with in Anglo-Saxon England? Why were these types of punishment used?
- Fines
- Oaths on the Bible
- Public humiliation
the main reason that these types of punishment were used was because families and even villages tended to depend on each other to grow crops to survive. This meant that execution or imprisonment would have had a negative effect on the whole family or community. This made humiliation and fines much more practical.
describe two kinds of public humiliation
- punishing someone for a short period of time and allowing the whole community to see
- maiming people, e.g. eye gouging
describe two things that punishments were used as a form of in Anglo-Saxon England
- retribution - a severe punishment meant to match the severity of the crime
- deterrent - designed to put people off committing the same crime for fear of the punishment
how common were major crimes like murder or treason in Anglo-Saxon England? How were they punished?
Although not very common, major crimes like murder or treason were punished harshly. This could involve mutilation; the removal of a limb or another part of the body (corporal punishment); or execution such as hanging or beheading (capital punishment)
who were outlaws?
Starting from the Anglo-Saxon period, any man aged 14 or over who was accused of a crime but tried to avoid trial and punishment by running away and not showing up to the local court or folkmoot was declared an outlaw. This meant that they were no longer protected by the laws of the land and could be murdered without reprisal.
name three reasons why the Saxon justice system was fair:
- the system of justice was the same for everyone (to an extent)
- within the system of Trial by Ordeal everyone had the same chance of being protected by god (did they? - serfs would have to carry on working and so their wounds would be less likely to heal)
- humiliation was used as a punishment so that losing a family member to execution did not disadvantage families
name 4 reasons why the Saxon system is unfair
- Juries at the folkmoot were people who knew the accused and who could therefore be biased
- Trial by Ordeal was based on religious belief and not factual evidence
- by using the tithings people could be punished for the crimes of another
- ordeals for the clergy were not as harsh as other ordeals for non-clergy
why did William Duke of Normandy have to make so many changes in England?
He had to ensure that he was in total control of his people. In order to gain control he did a number of things including building castles, surveying the whole country in the Domesday Book and changing many of those in positions of power to loyal Norman lords.
name actions taken by William the Conqueror that had the most significant impact on law and order.
- introduction of trial by combat
- murdrum fines
- forest laws
- outlaws and the forest
- laws written in French
- the Harrying of the North
what was trial by combat?
a new ordeal that was common in Normandy. For this ordeal the accused and the accuser would fight until either the death or until one of the two gave in. The loser was considered to have been forsaken by God and was therefore guilty. For this ordeal people did not have to fight themselves, they could pay someone to fight for them. This put Norman lords who would have a lot more access to money in a stronger position than the average Saxon.
what were the murdrum fines?
the law stated that if a Norman was killed by an Anglo-Saxon and the killer could not be found it was considered to be ‘Murdrum’. The whole village was given a hefty fine to pay. This encouraged the other members of the village to inform on the killer if they knew who it was.
This shows continuity with the Saxon system of shared responsibility in a tithing, and with the Anglo-Saxon idea of making financial payment as compensation for loss of life.
What were the forest laws, and effects did they have for ordinary people?
Forest Laws applied to areas of woodland that were protected by William I. This meant that large areas of countryside became protected ‘royal forests’. Large areas of land that had been common land - where peasants had the right to graze animals, take firewood, or catch a few rabbits - were now strictly controlled by the King. Only those who could afford to pay for hunting rights would now be allowed to hunt there. Saxons could not hunt deer, carry a bow or chop wood from the trees in these protected woods. They couldn’t even take a fallen branch! Hunting animals for food was now treated as a crime called poaching. Forest laws led to much bitterness: ordinary people saw these laws as unfair, and therefore didn’t frown upon people who broke these laws - this created a new type of crime called “social crimes”.
However, if anyone was caught breaking the Forest Laws they faced punishments, including hanging and corporal punishments such as castration and blinding. punishments were deliberately harsh to deter others from poaching.
what are social crimes?
actions that are technically against the law but which most people in society do not disapprove of
what were women who tried to avoid trial and punishment by running away called? (female outlaws)
they were said to be ‘waived’. both outlaws and waived women lost the protection of the law. They could be killed without any legal consequences for the person responsible.
what major change was made to the way laws were written after the Battle of Hastings in 1066?
they were written in french: this stopped any of the old English/Saxon lords from understanding or contributing to the development of new laws
what was the Harrying of the North, and why did William I do it?
When William I first came to power in England there were a number of rebellions. William’s reaction to this was to take decisive and harsh action. He would burn down villages to put his message across and also would kill whole herds of livestock. This was called the Harrying of the North, and was designed to deter future rebellion
how much did life change after the Norman invasion?
it is important to remember that although some of the new laws & actions introduced by the normans were harsh, much of the day to day process of running the country did not change from the perspective of the ordinary people. This was so that the transition from Saxon rulers to Norman rulers would be smooth.
what were the punishments for stealing in Norman times? Was this different from Anglo-Saxon times?
- fines payable to the King - before they were paid to the victim of the crime
- stocks or pillory - no change
- public beatings or floggings - no change
what was the crime of slander?
making false statements about another person in public
what was the punishment for slander in Norman times? Was this any different to Anglo-Saxon times?
tongue cut out - no change
what was the punishment for poaching in the King’s forests? (norman times)
execution by hanging or beheading
what changed for law enforcement after the 1066 norman invasion?
- trial by combat - used to settle disputes over land or money - introduced because of a change in society as Norman noble custom is introduced to Wngland
- court records in Latin
name 2 law enforcement methods that continued after the 1066 Norman conquest
- local collective responsibility for preventing crime and apprehending suspects continued - tithing continued
- hue and cry also still in use - no change in society - most people still lived in close-knit villages
what was the King’s mund?
the idea that all men should expect to be safe from crime, and to live peacefully in and around their homes, under the authority of the king - similar to the ‘King’s Peace’
when did Henry II become King? Why was he important?
Henry the second became King in 1154, and introduced some important reforms to crime and punishment
describe some of Henry II’s reforms to crime and punishment
- In 1166, he reorganised the courts and set up prisons for those who were accused and waiting for trial. These changes were known as the Assize of Clarendon
- Henry II ordered royal judges, known as Justices in Eyre, to visit each county twice a year to hear the more serious criminal cases.
- this increased the role of the king in legal matters, and meant stronger centralised control over the court system
- Standard written instructions were issued to local sheriffs. This meant that the whole system was becoming more uniform across the country
what time period was the reign of Henry II?
the later Middle Ages
what was the reason for Henry II introducing a number of new laws and procedures?
Prior to Henry II taking the throne one of the biggest problems in English justice was ‘the over-mighty subject’. This was a term to refer to a Baron or a Sheriff who had become so powerful in their local area that they could ignore decisions made by the king’s courts and get away with it. By 1154 Henry the Second had decided that he needed to be back in charge and introduced a number of new laws and procedures.
what was the king’s peace, and how did Henry II extend it?
the King’s peace was an old law that protected the area directly around the king or along the roads where the king was travelling. If a crime was committed in this area then the punishment was much harsher than it would normally be. This was designed to deter people from committing crimes near to the King. Henry II made the decision to extend the king’s peace to the whole of the country. This meant that punishments for crimes committed anywhere in England would be more harsh
who were Travelling Justices, and why were they needed?
if you wanted the king to hear your case then you could be waiting a long time to follow him around and get an opportunity for him to hear you. Some cases however needed to be heard by the king so that he could make a judgement. Travelling Justices were people who were given power by the king to hear cases and make judgments on behalf of the king. This made the court system much more efficient
when were Travelling Justices introduced?
in the later Middle Ages
what was the significance of the county gaols (jail)?
until the county gaols were built the only form of prisons were those that were used to hold people prior to going to court. These gaols, once built, were used as a form of punishment.
when were the county gaols built?
in the later Middle Ages
when was the system of Trial by Ordeal ended and by who? What did this mean?
In 1215 the Pope ended the system of trial by ordeal by forbidding priests to organise it. This meant that all criminal cases had to be tried by a 12 man jury and because the need for a writ was not removed it generated a lot of money for the King
what was a ‘writ’?
if you felt that you did not want to be judged by an ordeal then you could pay for a ‘writ’: a document that allowed you to be heard in the king’s court and be tried by a 12 man jury (the basic model that we still use today).
who were county coroners?
people who were specifically appointed to investigate unexpected or suspicious deaths
when and by whom were county coroners introduced?
King Richard I introduced coroners in 1194 to deal with situations where there was a suspicious death
when and by whom were county coroners introduced?
King Richard I introduced coroners in 1194 to deal with situations where there was a suspicious death
How did the Justices of the Peace come about?
in 1195, Richard I appointed some knights as keepers of the ‘king’s peace’ in areas that were seen as unruly, and where it was difficult for the community alone to maintain law and order. Later, in 1327, Edward III extended the system to all areas, and men judged to be ‘good and lawful’ were appointed to the role. By 1361, they were known as Justices of the Peace.
When were Justices of the Peace (JPs) appointed, and what was their role?
In 1361, the Justice of the Peace Act appointed 3-4 Justices of the Peace or JP’s to each county. They met 4 times a year to carry out their magistrate duties and enforce the law. These JPs had the power to fine, bind and arrest people who were disturbing the peace. This was one of the first active forms of policing authorised by the king rather than just by ordinary people policing themselves
what is the significance of the Justice of the Peace Act, 1361 (appointed Justices of the Peace (JPs)?
it was an important shift towards a crime and punishment system imposed by a central government power base. JPs were selected on the basis their status and wealth, and by the end of the Middle Ages they played an important part in local government and law enforcement. They had a reputation for being particularly harsh on poachers - because most of them were local landowners.
describe the change and continuity in crime and law enforcement in the later Middle Ages
- a more centralised approach was needed to control crime
- there was a shift away from local communities dealing with crimes in their area, towards a system where crime was dealt with by government-appointed officials
- due to these officials being appointed centrally, similar law enforcement methods began to be used across different areas
- However, townspeople were still expected to play their part in apprehending offenders, and towns were divided into areas called wards for that purpose
- manor courts continued to be used to deal with disputes between the lord of the manor and local people
- local officials known as ‘tythingmen’ during the saxon period came to be known as ‘constables’
in the later Middle Ages, which 2 new crimes did parliament create with laws passed?
- The Statute of Labourers = a crime to ask for higher wages
- New heresy laws = a crime to disagree with the teachings of the Church
when was the Statute of Labourers introduced and why? what was it?
in 1351, because of the Black Death (a severe epidemic which hit England in 1348). About a third of the population died of the plague, which meant that there were fewer workers available, so peasants could demand higher wages for their work. The ruling class were worried about peasants becoming wealthier and more powerful, and they didn't want to pay higher wages, so they used a new law to protect their interests. The law, introduced in 1351, introduced a maximum wage for workers and made it a crime to ask for more. It also made it illegal to move to a new area to look for better paid work.
how does the Statute of Labourers show continuity?
in the Norman period the ruling class also introduced laws to protect their own interests at the expense of the peasants e.g. the Forest Laws
how does the Statute of Labourers show change?
under the Normans new laws were introduced by the King. However, by the later medieval period the role of parliament in law-making was growing. The Statute of Labourers was passed by parliament, not by the authority of the king alone
why was the crime of heresy introduced?
in the 13th and 14th centuries, a small number of people questioned the practises and beliefs of the Christian Church. They wanted the Church to be reformed:
- they disagreed with the sacrament of bread and wine
- they wanted the Bible to be translated into the vernacular (English).
the clergy felt undermined and threatened by the new ideas, and medieval kings were keen to support the church against reformers. Laws against heresy were introduced in 1382, 1401 and 1414.
what is the definition of heresy?
holding views that are different to those of the established religion of the time
what was the punishment for heresy like?
Punishments for heresy were severe and the 1401 law introduced burning at the stake. This was intended to symbolise purifying the soul, and to act as a powerful deterrent to others.
name one thing introduced by the law against heresy in 1414
It gave Justices of the Peace powers to arrest suspected heretics. This shows government officials and the Church authorities working together.
what were punishments like in the later Middle Ages?
punishments continued to rely on a mixture of fines, corporal punishment and execution. A significant new punishment was introduced for the most serious crime of high treason (plotting to kill or betray the king). A person convicted of high treason would be sentenced to be ‘hung, drawn and quartered’.
name three of the most important factors affecting crime and punishment during the later Middle Ages
- role of the church
- changing attitudes and ideas
- role of the king
what happened between Henry II and Thomas Becket?
On the 29th December 1170, the Archbishop of Canterbury (or Thomas Becket) was murdered in his cathedral by four knights. They chopped off the top of his head and pulled out his brains. King Henry II was trying to make the legal system fairer, and wanted the Church courts to stop letting the clergy off so lightly. Thomas Becket was very religious, and refused to reduce the power of the church courts. King Henry II had a foul temper and apparently screamed “who will rid me of this turbulent priest?” Four knights overheard and believed the King was ordering them to kill Becket. Henry II had not meant for Thomas Becket to be killed and was whipped at Becket’s tomb as penance for his sins. Thomas Becket was made a saint in 1173 and his tomb became a place of holy pilgrimage
When + why did trials by ordeal come to an end?
in 1215, the Pope ordered that priests should stop helping to organise trials by ordeal. Without priests help, the system quickly came to an end. There was nothing secular (non-religius) authorities could do about the Pope’s decision so they had to find an alternative method of deciding someone’s guilt or innocence.
What replaced trials by ordeal in England?
trial by jury
why did the Church hold a lot of control over people?
the clergy were often the most educated members of the community. Churches and cathedrals were the largest buildings in most villages, towns and cities. The Church was in charge of the population’s ‘afterlife’ so held a lot of control over the people
name 6 impacts of the Christian Church in crime, punishment and law enforcement
- church courts/benefit of the clergy
- Sanctuary
- trials by ordeal
- oaths: a person could swear their innocence in a religious oath. This meant that many criminals walked free.
- heresy
- witchcraft
What were church courts?
the Christian church had a direct impact on the people of England. They used church courts to rule on moral crimes. Church courts worked on the principle that punishments should offer the offender the chance to reform and save their souls. Punishments like maiming were seen as better than execution, as the offered the offender the chance to think about their crimes and feel regret for them
what was the benefit of the clergy?
the right that Priests had to have any indiscretion tried by the Church Courts. The church courts were seen as much less harsh than the King’s court or the manor courts. Over time more and more people claimed the benefit of the clergy, from monks to the church doorkeeper. This was an issue for many rulers as they didn’t like the fact their authority didn’t extend to people in the church. Punishments imposed by church courts included enforced pilgrimage, or confession and apology at mass. This system was open to abuse, as it was easy for anyone to claim to be a member of the clergy. to ‘prove’ you worked for the church, you had to recite Psalm 51. Criminals memorised the psalm and recited it at a church court to claim benefit of the clergy. It became known as the ‘neck verse’ because knowing it could ‘save your neck’.
What did it mean to ‘claim sanctuary’?
if someone was being pursued for committing a crime and they made it to a church they could claim sanctuary. If they claimed sanctuary they would be protected from the law until the county coroner saw them. Upon their confession to the County Coroner the criminal would be allowed to ‘abjure’, which basically means they would leave the country. If they didn’t leave the country within the time limit they would be outlawed. A person was not allowed to claim sanctuary if they had committed certain crimes such as heresy. Over time the number of crimes a person was not allowed to claim sanctuary for was increased until Henry VIII dissolved the monastries in 1536 and sanctuary ended entirely.
what was a negative thing about the influence of the church?
over time, especially during the reign of Henry II, the power of the church was considered to be too great and it was thought that the Church allowed for too much leniency towards criminals
what do we see happen in the early modern period?
In this period we see massive change resulting from religious views and political turmoil in the Tudor and Stuart period to the harsh punishments of the 18th century under the Georgian Kings.