c.1000-1500 Flashcards
name two community policing methods used in the medieval period
the hue and cry
tithings
name some crimes against the person
murder
assault
public disorder
rape
name some crimes against property
arson
theft such as stealing crops
counterfeiting coins
name some crimes against authority
treason
rebellion
what is poaching?
hunting wild animals on other people’s land without paying is known as poaching
what crime increased dramatically after the forest laws were introduced
Poaching:
this was because peasants used what has previously been common land to catch animals for food
what type of crime was poaching seen as and why?
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
by 1000 who was issuing codes of law
anglo saxon kings, the issued certain laws that made certain actions crimes and this illustrates the growing power of the monarch
after 1066 did the importance of law making by the king increase?
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
in the later medieval period did the monarch continue to play a large role in defining crime?
in the later medieval period the monarch continued to play a vital role in defining what crime was
what year did Henry II become king and what changed in the legal system at this time?
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
what did the church do for the legal system and what type of social role did it play?
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
what new crimes came about after 1066?
. murmdrum fine
. forest laws
. rebellions
what percentage of England became ‘royal land’ due to the forest laws?
30% of England
what was the royal land used for and who was it used by?
it was used by William I and the Norman nobility and it was used for hunting
how did communities feel about the forest laws and what happened to them?
village communities and farms were evicted from this land and this caused deep resentetment
what became illegal to do in royal forests under the new forest laws?
it became illegal to graze animals, kill wild animals and take wood without a licence
how were the forest laws viewed by ordinary people?
the forest laws were seen as unfair so those who broke this law were not seen as criminals by most people in society
what was an exeption to the forest laws that people could gain?
only those people who paid for hunting rights were allowed to hunt in the royal forest
why was the murdrum fine established?
this new law was used to help establish control over the conquered population
in what case would the murdrum fine have to be paid?
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
what is a hundred?
an area of land
Was an anglo Saxon murder or Norman murder seen as more serious? and what is this an example of
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
why did rebellions occur?
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
what did William I do to those who rebelled and why did he do that?
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
what happened to the rebels in terms of punishment?
William ordered the death penalty for the rebels
what was different about the way William I punished the rebels?
he also punished those who were not directly involved with the rebellions
what happened to the indirectly involved rebels?
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
name five methods of anglo Saxon law enforcement?
. tithings
. hue and cry
. courts
. oaths
. deciding guilt or innocence
what were tithings?
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
what was the Hue and Cry?
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.
what were courts?
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
what were oaths?
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’
what was deciding guilt or innocence?
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
what were royal courts and who could use them?
these were national courts which dealt with the most serious crimes
what were the courts called that dealt with less serious crimes?
shire courts
what type of crimes did hundred courts deal with?
petty crimes
what were court hearings and where did they take place?
the punishment that the convicted would receive was decided here and it took place in public
what were shires split into
split into areas called hundreds
what was each hundred divided into?
10 tithings
who was the shire revee and what was his role?
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
can you describe Anglo Saxon society ?
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
why was the crime rate so low in anglo Saxon society?
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
Norman law enforcement:
Continuity
- anglo saxon system of tithings
- the hue and cry
- the court system
law enforcement still remained the responsibility of the community
Norman Law Enforcement
Change
- they introduced trial by combat and this showed the more military nature of Norman society
- the use of foresters to police the royal forest and enforce the forest laws
how were foresters viewed by the society and what did they do?
they dealt with suspects very harshly and were often feared and hated by the local community
describe the role of parish constables
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
why were roles like parish constables needed in later medieval law enforcement
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
Role Of Local Communities in the Norman Period
continuity
- the hue and cry system continued as did tithings
- 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
Role Of Local Communities in the Norman Period
change
- trial and ordeal and by combat were abolished in 1215
- some towns also had night watch, in which volunteers patrolled the streets. any suspected criminals they caught were handed over to the constable
- 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
Role of Government Appointed Officials:
CHANGE
what did Richard I appoint knights as and what year was this?
knights were appointed as keepers of the peace in some unruly areas from 1195.
in 1327 Edward II extended this to all areas
Role of Government Appointed Officials:
CHANGE
how had the role of the sheriff changed and what were they NOW expected to do?
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
Role of Government Appointed Officials:
CHANGE
due to what act did the role of the keeper of peace evolve to something else? +years
Following the Justices of the Peace act, 1361, the role of the keeper of the peace evolved to become JPs.
what did the JP’s have the power to do and who were they?
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
name some medieval punishments
. fines
. stocks
. maiming
. hanging
. beheading
. flogging
what is a capital punishment?
killing the criminal
what is a corporal punishment?
physically hurting the criminal
define ‘deterrence’
trying to prevent others or the criminal from carrying out a crime
define ‘retribution’
making the criminal suffer for the crimes they have committed
what did medieval punishments vary on?
class and gender:
commoners were treated differently from nobles
women were treated differently from men
and priests from ordinary people
what did the amount of wergild payable depend on in anglo Saxon times?
+example of how social status effects punishment
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
give an example of how social status affected punishment
during the medieval period, commoners were usually hanged for murder whilst nobles were usually beheaded
The Changes in Types of Medieval Punishment:
Anglo-Saxon
- fines are compensation were most common
- corporal punishments were also fairly common but capital punishments was rarely used
- they used the compensation system of salon wergild to pay victims
The Changes in Types of Medieval Punishment:
Norman
- the use of capital and corporal punishment rose dramatically. more offences became capital crimes
- breaking forest laws was punished very harshly. including castration, hanging and blinding
- the wergild system ended and fines were paid to the king
- very minor crimes were still punished by fines, whipping or time in the stocks
The Changes in Types of Medieval Punishment:
later medieval
. 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
what were the aims of medieval punishment
retribution and deterrence and to keep people safe
how were the normans viewed and how did they kept order in place
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
describe how the church was viewed in the early 13th century and what type of role it played?
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.
why were sanctuary and benefit of the clergy significant?
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
describe what sanctuary was
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
what two options did the criminal have when it came to sanctuary?
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
why was benefit of the clergy significant?
it illustrates how the justice system in the medieval society was not equal and it provided a way for people to be treated differently
who was benefit of the clergy not available to?
women, as they couldn’t be priests
what was benefit of the clergy and who did this apply to?
church courts tried their members of the clergy for all crimes
people proved their right by reading a passage from the bible
how was B.O.T.C effective?
priests were some of the few members of society who could read the bible.
what did some laymen do when it came to benefit of the clergy?
many laymen memories the passage so they could recite it in court and claim benefit of the clergy.
why were church courts more lenient
church courts were usually more lenient than other courts as they wanted to give people a chance to reform.
name three types of trial by ordeal
trial by hot water
trial by cold water
trial by the blessed bread
why would the courts use trial by ordeal?
when the courts couldn’t decide wether someone was innocent or guilty they used this
when was trial by ordeal first used?
it was first used at the beginning of the anglo Saxon times but was still used in the 13th century
what was the outcome of any of these trials?
seen as God’s judgement on the innocence or guilt of the accused
what year did trial by ordeal end?
1215
what was trial by hot water?
if the burn healed well then the person was innocent
what was trial by the blessed bread?
for priests only , if they chocked they were guilty
what was trial by water?
if the person sank they were innocent?
POLICING?
. tithings
. hue and cry
. trial by ordeal
. trail by combat
. JP’s
. coroners
PUNISHMENTS?
. hanging
. wergild
. murmdrum fine
. blood feud
. coroporal punishment
CRIME?
. poaching
. against the person
. against the property
. against authority
What did the statue of the labourers make it illegal to do and what year was this?
made it a crime to ask for higher wages , 1300’s
