c.1000-1500 Flashcards

1
Q

name two community policing methods used in the medieval period

A

the hue and cry
tithings

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2
Q

name some crimes against the person

A

murder
assault
public disorder
rape

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3
Q

name some crimes against property

A

arson
theft such as stealing crops
counterfeiting coins

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4
Q

name some crimes against authority

A

treason
rebellion

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5
Q

what is poaching?

A

hunting wild animals on other people’s land without paying is known as poaching

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6
Q

what crime increased dramatically after the forest laws were introduced

A

Poaching:
this was because peasants used what has previously been common land to catch animals for food

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7
Q

what type of crime was poaching seen as and why?

A

it was seen as a social crime because it was considered to be acceptable to many people

Catching animals for food on common was allowed and helped people survive

by reducing the amount of common land meant many had to choose between breaking the law and going hungry

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8
Q

by 1000 who was issuing codes of law

A

anglo saxon kings, the issued certain laws that made certain actions crimes and this illustrates the growing power of the monarch

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9
Q

after 1066 did the importance of law making by the king increase?

A

yes, William I added new laws that created new that created nee crimes and this also illustrated how a powerful king can lead to change

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10
Q

in the later medieval period did the monarch continue to play a large role in defining crime?

A

in the later medieval period the monarch continued to play a vital role in defining what crime was

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11
Q

what year did Henry II become king and what changed in the legal system at this time?

A

after Henry II became king in 1154, standard laws were written down meaning that for the first time there was a uniform legal system across the whole country

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12
Q

what did the church do for the legal system and what type of social role did it play?

A

the church created laws that criminalised some actions, influenced the type of punishment given in response and played a direct role in deciding guilt or innocence

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13
Q

what new crimes came about after 1066?

A

. murmdrum fine
. forest laws
. rebellions

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14
Q

what percentage of England became ‘royal land’ due to the forest laws?

A

30% of England

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15
Q

what was the royal land used for and who was it used by?

A

it was used by William I and the Norman nobility and it was used for hunting

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16
Q

how did communities feel about the forest laws and what happened to them?

A

village communities and farms were evicted from this land and this caused deep resentetment

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17
Q

what became illegal to do in royal forests under the new forest laws?

A

it became illegal to graze animals, kill wild animals and take wood without a licence

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18
Q

how were the forest laws viewed by ordinary people?

A

the forest laws were seen as unfair so those who broke this law were not seen as criminals by most people in society

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19
Q

what was an exeption to the forest laws that people could gain?

A

only those people who paid for hunting rights were allowed to hunt in the royal forest

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20
Q

why was the murdrum fine established?

A

this new law was used to help establish control over the conquered population

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21
Q

in what case would the murdrum fine have to be paid?

A

if an anglo Saxon murdered a Norman and the culprit was not caught a large sum of money had to be paid by the HUNDRED where the body was found

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22
Q

what is a hundred?

A

an area of land

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23
Q

Was an anglo Saxon murder or Norman murder seen as more serious? and what is this an example of

A

murdering a Norman became a more serious crime than murdering an anglo Saxon

this is an example of how ruining classes can make rules and laws to benefit them

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24
Q

why did rebellions occur?

A

the Norman invasion was not welcomed by the anglo saxons and there was much resistance for many years and this included large rebellions in York and east anglia

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25
Q

what did William I do to those who rebelled and why did he do that?

A

betraying your lord and inciting rebellion against a king had been crimes in the anglo Saxon times, but William I had punished these crimes far more harshly to try and assert his authority

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26
Q

what happened to the rebels in terms of punishment?

A

William ordered the death penalty for the rebels

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27
Q

what was different about the way William I punished the rebels?

A

he also punished those who were not directly involved with the rebellions

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28
Q

what happened to the indirectly involved rebels?

A

estimates suggest that 100,000 people starved to death due to the destruction of farmland and animals on William’s orders in the area’s that had seen rebellion

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29
Q

name five methods of anglo Saxon law enforcement?

A

. tithings
. hue and cry
. courts
. oaths
. deciding guilt or innocence

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30
Q

what were tithings?

A

all people in a tithing were responsible for each other. if one person was accused of a crime the others made sure he went to court or the tithing would have to pay a fine for them.

this was made up of 10 men

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31
Q

what was the Hue and Cry?

A

the victim or witness to a crime raised a hue and cry by shouting to alert others.

anyone who heard the hue and cry was expected to chase and help catch the criminals.

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32
Q

what were courts?

A

if the suspect did not admit to the crime or was not caught in the act the accused had to go to court. to decide their innocence or guilt.

there were different courts depending on the crime and who committed it

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33
Q

what were oaths?

A

swearing oaths ‘before God’ was a major part of the anglo Saxon justice system.

the accused could swear their innocence under oath and others could support them as ‘oath helpers’

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34
Q

what was deciding guilt or innocence?

A

the victim or their family provided evidence of the suspects guilt for the crime. if the jury couldn’t decide the accused was handed over to the church and so God could decide a person’s innocence or guilt by trail by ordeal

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35
Q

what were royal courts and who could use them?

A

these were national courts which dealt with the most serious crimes

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36
Q

what were the courts called that dealt with less serious crimes?

A

shire courts

37
Q

what type of crimes did hundred courts deal with?

A

petty crimes

38
Q

what were court hearings and where did they take place?

A

the punishment that the convicted would receive was decided here and it took place in public

39
Q

what were shires split into

A

split into areas called hundreds

40
Q

what was each hundred divided into?

A

10 tithings

41
Q

who was the shire revee and what was his role?

A

was a local man appointed by the community to take people to court and make sure that any punishment was carried out.

he also met with one man from each tithing regularly

42
Q

can you describe Anglo Saxon society ?

A

it was a small tight knit community as most people lived in small towns and villages and this meant that everyone knew each other and there was a strong sense of duty towards their community

43
Q

why was the crime rate so low in anglo Saxon society?

A

everyone knew each other and there was a strong sense of community and this is why crime was so low because this had an impact on how the law was enforced

44
Q

Norman law enforcement:

Continuity

A
  1. anglo saxon system of tithings
  2. the hue and cry
  3. the court system

law enforcement still remained the responsibility of the community

45
Q

Norman Law Enforcement

Change

A
  1. they introduced trial by combat and this showed the more military nature of Norman society
  2. the use of foresters to police the royal forest and enforce the forest laws
46
Q

how were foresters viewed by the society and what did they do?

A

they dealt with suspects very harshly and were often feared and hated by the local community

47
Q

describe the role of parish constables

A

these were local people nominated by the community

it was an unpaid position and they did their normal job as well

they held the post for a year

48
Q

why were roles like parish constables needed in later medieval law enforcement

A

as towns grew through the 13th and 14th centuries, so did crime.

although communities were still involved in law enforcement, the authorities became more involved through the appointment of officials

49
Q

Role Of Local Communities in the Norman Period

continuity

A
  1. the hue and cry system continued as did tithings
  2. if juries were not able to reach a verdict, trial by ordeal and trial by combat continued to be used by communities as informal methods of law enforcement
50
Q

Role Of Local Communities in the Norman Period

change

A
  1. trial and ordeal and by combat were abolished in 1215
  2. some towns also had night watch, in which volunteers patrolled the streets. any suspected criminals they caught were handed over to the constable
  3. from the 1250s , parish constables led the chase for the criminal after the hue and cry was given and tried to keep the peace, they arrested suspects
51
Q

Role of Government Appointed Officials:
CHANGE

what did Richard I appoint knights as and what year was this?

A

knights were appointed as keepers of the peace in some unruly areas from 1195.

in 1327 Edward II extended this to all areas

52
Q

Role of Government Appointed Officials:
CHANGE

how had the role of the sheriff changed and what were they NOW expected to do?

A

the role of the sheriff expanded. he was now expected to track down criminals if the cry hadn’t worked

from 1285 he was allowed to form a posse of local men to help and chase criminals

53
Q

Role of Government Appointed Officials:
CHANGE

due to what act did the role of the keeper of peace evolve to something else? +years

A

Following the Justices of the Peace act, 1361, the role of the keeper of the peace evolved to become JPs.

54
Q

what did the JP’s have the power to do and who were they?

A

JP’s had the power to hear minor crimes in small courts four times a year. they were appointed by the monarch and were mostly local lords

55
Q

name some medieval punishments

A

. fines
. stocks
. maiming
. hanging
. beheading
. flogging

56
Q

what is a capital punishment?

A

killing the criminal

57
Q

what is a corporal punishment?

A

physically hurting the criminal

58
Q

define ‘deterrence’

A

trying to prevent others or the criminal from carrying out a crime

59
Q

define ‘retribution’

A

making the criminal suffer for the crimes they have committed

60
Q

what did medieval punishments vary on?

A

class and gender:

commoners were treated differently from nobles

women were treated differently from men

and priests from ordinary people

61
Q

what did the amount of wergild payable depend on in anglo Saxon times?

+example of how social status effects punishment

A

the amount of wergild payable in anglo Saxon times depended on the victim’s social status

wergild for nobles was a huge sum whereas wergild for a surf was very little

62
Q

give an example of how social status affected punishment

A

during the medieval period, commoners were usually hanged for murder whilst nobles were usually beheaded

63
Q

The Changes in Types of Medieval Punishment:

Anglo-Saxon

A
  1. fines are compensation were most common
  2. corporal punishments were also fairly common but capital punishments was rarely used
  3. they used the compensation system of salon wergild to pay victims
64
Q

The Changes in Types of Medieval Punishment:

Norman

A
  1. the use of capital and corporal punishment rose dramatically. more offences became capital crimes
  2. breaking forest laws was punished very harshly. including castration, hanging and blinding
  3. the wergild system ended and fines were paid to the king
  4. very minor crimes were still punished by fines, whipping or time in the stocks
65
Q

The Changes in Types of Medieval Punishment:

later medieval

A

. fines became more common

. corporal punishments were still widely used, although many juries would not convict their neighbourghs unless they regularly offended

. the use of capital punishment gradually decreased, although crimes against authority were still harshly punished

66
Q

what were the aims of medieval punishment

A

retribution and deterrence and to keep people safe

67
Q

how were the normans viewed and how did they kept order in place

A

the Norman invasion was not welcomed by the saxons and there was much resistance for the first few years.

harsh punishments carried out in public were seen as the best way to make people behave

68
Q

describe how the church was viewed in the early 13th century and what type of role it played?

A

in the early 13th century there was a change and continuity in the churches role
throughout this period the church was extremely powerful and played a direct role in what a crime was and the punishment for it.

69
Q

why were sanctuary and benefit of the clergy significant?

A

sanctuary and benefit of the clergy were significant because they showed how the church operated an alternative justice system outside the control of other authorities

70
Q

describe what sanctuary was

A

sanctuary was offered by some important churches only

a person could claim sanctuary by going to one of these churches

the priest would report the crime but no one was allowed to arrest the accused

71
Q

what two options did the criminal have when it came to sanctuary?

A

the accused could either agree to go to court or swear on an oath agreeing to leave the country

if the accused had not left the country in 40 days they would be outlawed

72
Q

why was benefit of the clergy significant?

A

it illustrates how the justice system in the medieval society was not equal and it provided a way for people to be treated differently

73
Q

who was benefit of the clergy not available to?

A

women, as they couldn’t be priests

74
Q

what was benefit of the clergy and who did this apply to?

A

church courts tried their members of the clergy for all crimes

people proved their right by reading a passage from the bible

75
Q

how was B.O.T.C effective?

A

priests were some of the few members of society who could read the bible.

76
Q

what did some laymen do when it came to benefit of the clergy?

A

many laymen memories the passage so they could recite it in court and claim benefit of the clergy.

77
Q

why were church courts more lenient

A

church courts were usually more lenient than other courts as they wanted to give people a chance to reform.

78
Q

name three types of trial by ordeal

A

trial by hot water
trial by cold water
trial by the blessed bread

79
Q

why would the courts use trial by ordeal?

A

when the courts couldn’t decide wether someone was innocent or guilty they used this

80
Q

when was trial by ordeal first used?

A

it was first used at the beginning of the anglo Saxon times but was still used in the 13th century

81
Q

what was the outcome of any of these trials?

A

seen as God’s judgement on the innocence or guilt of the accused

82
Q

what year did trial by ordeal end?

A

1215

83
Q

what was trial by hot water?

A

if the burn healed well then the person was innocent

84
Q

what was trial by the blessed bread?

A

for priests only , if they chocked they were guilty

85
Q

what was trial by water?

A

if the person sank they were innocent?

86
Q

POLICING?

A

. tithings
. hue and cry
. trial by ordeal
. trail by combat
. JP’s
. coroners

87
Q

PUNISHMENTS?

A

. hanging
. wergild
. murmdrum fine
. blood feud
. coroporal punishment

88
Q

CRIME?

A

. poaching
. against the person
. against the property
. against authority

89
Q

What did the statue of the labourers make it illegal to do and what year was this?

A

made it a crime to ask for higher wages , 1300’s