c1000-1500 Crime And Punishment- Medieval England Flashcards
What does the medieval period cover?
The end of the Anglo-Saxon era, Norman England and Later Medieval England
What actions have always been crimes?
(Medieval England)
Theft and murder
What makes something a crime?
A crime is a activity that breaks the law.
In the Anglo-Saxon era who made the laws?
People with power and wealth
Name 4 crimes against the person
•Murder
•Assult
•Public Disorder
•Rape
Name 3 crimes against property
•Arson
•Theft
•Counterfeiting coins
Name 2 Crimes against authority
•Treason
•Rebellion
By 1000, Anglo Saxon kings were issuing codes of law that made certain actions crimes, what did this mean?
Laws were becoming more unified across the country
After 1066 the importance of the king making laws decreased/increased as his authority increased
Increased*
William I added new laws that created new crimes, illustrating that a powerful king can lead to ______?
Change*
When did Henry II become king?
1154
What happened in 1154?
Standard laws were written down, there was now a uniform legal system across the whole country
Other than the king, what other huge authority was there in defining criminal activity?
The Church
Whats poaching?
Hunting wild animals on other peoples land without paying hunting rights.
What form of theft increased dramatically after the forest laws?
Poaching, peasants used what used to be “common land” to catch animals for food
Was poaching a social crime? If so why? If not why not?
Yes it was a social crime because it was considered acceptable for many people and helped people survive
What did reducing the amount of common land mean?
People had to now choose weather to break the law or go hungry
When was the Norman conquest?
1066
What are some of the ‘new’ crimes King William I added to the Anglo -Saxon ones?
Rebellion, Forest laws and the murdrum fine
How much of England was royal forest?
30%
Who could use the royal forest?
William I and the nobles (For hunting)
Who was evicted from the land (royal forests)?
Village communities and farms, this caused resentment
How did William I protect the royal forests?
With the New forest laws
Only those who payed ________ were allowed to hunt in the royal forests
Hunting rights*
What became illegal to do in the royal forests?
Graze animals, kill wild animals and take wood (without a license)
Were people who broke the forest laws seen as criminals in the local community?
No, because the forest laws seemed unfair
Key Term: Hundred
Area of land
Where the Norman’s welcomed?
No, there was a lot of resistance
Where were the large rebellions?
York and east anglia
Betraying your lord and rebelling against the king had been crimes in Anglo-Saxon times, but what did William I do to try and assert his authority? A
He punished these crimes A-LOT harsher, and ordered the death penalty for the rebels themselves
Did William I also punish those who were not directly involved in the rebellions?
Yes, estimates say 100,000 people starved to death due to the destruction of farm land and animals on Williams orders in the areas that had seen rebellions
What was the murdrum fine
If a Norman was killed and their murderer had not been found within 5 days, the hundred (all the local community) would be fined.
Was there a official police force in medieval times?
No, the community was largely responsible for preventing crime and catching criminals.
Where did most people in c1000 live?
Small Hamlets and farms
What were small towns called?
Burhs
I’m the tight-nit community’s did people have strong sense of duty towards their communities?
Yes, this was an important reason why the crime rate was fairly low and had an impact on how the law was enforced
Did the church play a large role in medieval law enforcement?
Yes it played a huge role
What’s a shire?
A Anglo-Saxon county
How many tithings were there in a hundred?
10
What happened if one man in a tithing was accused of a crime?
They all had to make sure he went to court or they would have to pay a fine.
What were shires split into?
Hundreds
What’s a shire reeve? (Later a Sheriff)
A local man appointed by the community to take criminals to court and make sure any punishment was carried out.
Who did the shire reeve meet regularly with?
One man from each tithing
What’s the hue and cry?
The victim/witness of a crime raised the hue and cry by shouting to alert others. Anyone who heard the hue and cry was expected to chase and help catch the suspected criminal
What did royal courts deal with?
The most serious crimes
What court delt with lesser Crimes?
Shire courts
What court delt with petty crimes
Hundred courts
Were court hearings taken place in public or private?
Pubic
When would someone be taken to court?
I’d they didn’t admit to the crime or were not caught in the act
Was swearing oaths ‘before god’ a important part of Anglo-Saxon justice?
Yes, the accused could swear innocence under oath and others could support them as ‘oath helpers’
What were you called if you helped someone swear a oath of innocence?
‘Oath helper’
If there wasn’t enough evidence of the suspects guilt for the court and if the jury couldn’t decide who was telling the truth, what happend?
The accused was handed over to the church so god could decide with a trial by ordeal
Give three reasons why ordinary people hated the forest laws
-they seemed unfair
-Village community’s and farms were evicted
-it was previously acceptable
Why was Anglo-Saxon law enforcement mainly the responsibility of local communities?
Because the population of England was very scattered and it wouldn’t be practical, and collective responsibility worked very well already.
What was kept the same in Norman law enforcement?
Tithings, hue and cry and the court system continued. Law enforcement in most cases remained the community’s responsibility.
What did the Norman’s introduce to help with law enforcement?
A trial + a type of police?
Introduced trial by combat to settle disputes, and foresters policed the royal forests
What does a forester do?
They policed the royal forest and enforced the forest laws and delt with suspects very harshly. They were often feared and hated by the local communities
As towns grew in the 13th and 14 centuries, (1200-1300), did crime increase?
Yes, although communities were still involved in law enforcement the authorities became more involved through the appointment of officials
We’re parish constables paid?
No
How long did a parish constable stay a parish constable?
A year
Role of local communities (Medieval law enforcement)
Did the hue and dry and tithing system stay?
Yes
Role of local communities (Medieval law enforcement)
When we’re parish constables intoduced?
1250
Role of local communities (Medieval law enforcement)
What did the parish constables do?
Led the hue and cry, and they arrested suspects
Role of local communities (Medieval law enforcement)
What did some towns have in which volunteers patrolled the streets and any suspected criminals they caught were handed to the constable?
Night watch
Role of local communities (Medieval law enforcement)
Was trial by ordeal/combat used by community as a informal method of law enforcement?
Yes (before 1215)
When was trial by ordeal/combat abolished?
1215
Role of government appointed officials (Medieval England)
Who was appointed by Richard I as keepers of the peace in some ‘unruly’ areas from 1195?
Knights
When were knights first appointed?
1195
In 1327 what system did Edward extend in all areas?
Knights
When was the justice of peace act?
1361
Who appointed the JP’s?
The monarch and mainly local lords
The role of the sheriff expanded in the later medieval period, what was the new expectations of him?
He was now expected to track down criminals if the hue and cry didn’t work, and he was allowed to form a posse of local men to help chase down criminals
Least at-least TWO ways in which law enforcement differed in the later medieval period from the Norman period
-Knights
-The role of the sheriff expanded
-Trial by ordeal and combat ended
What were the main aims of punishment?
Retribution, humiliation, reformation , deterrence and to keep people safe
Name 6 main punishments from medieval England
-Fines
-Stocks
-Maiming/mutilation
-Flogging
-Hanging
-Beheading
Anglo Saxon punishment:
What was most common?
-Fines and compensation are the most common
Anglo Saxon punishment:
What was the system of paying compensation to victims of crime and was used for many crimes including murder?
Saxon Werguild
Anglo Saxon punishment:
How common was corporal punishment?
Fairly common
Anglo Saxon punishment:
How often was capital punishment used?
Rarely used
Norman punishment:
What happens to capital and corporal punishment?
It rose dramatically and. More offences became capital crimes
Norman punishment:
How was breaking the forest laws punished?
Castration, blinding and hanging
Norman punishment:
What happened the the wergild system
It ended and fines were now paid to the king
Norman punishment:
How were minor crimes punished?
Fines, whipping or time in the stocks
Later Medieval punishment
What happened to capital punishment?
It gradually decreased but still existed
Later Medieval punishment
What happend to fines?
Became more common
Later Medieval punishment:
How common was corporal punishment?
It was still widely used so decently common
Did Medieval punishment depend on class and gender?
Yes, commoners were treated differently than nobles, women from men and priests and normal people
Did the amount of wergild payable in Saxon England depend on social status?
Yes, for nobles it was a huge sum but wergild for a serf was very little
How were people executed based on social status?
Commoners we’re normally hung while nobles were normally beheaded
We’re harsh punishments in the Norman period carried out in public?
Yes, it “makes people behave”
Key term: Capital punishment
Killing the criminal
Key term: Corporal punishment
Physically hurting the criminal
Key term: retribution
making the criminal suffer for a crime committed, (eg: revenge for the crime committed)
Key term: deterrence
Trying to prevent others or the criminal from carrying out a crime
Give three similarities between Anglo-Saxon, Norman and Medieval punishments
They all used
-Corporal punishment
-Flogging
-Capital punishment
-Maiming
-Fines
Throughout this period was the church powerful?
Yes
Did the church play a direct role in deciding what made a crime and crime, and what punishments were handed out?
Yes,
What crimes were tried in an church court?
Moral crimes (eg: sex outside marriage) , and not following church rites
Church courts also tried members of the clergy for ALL crimes, but what was this called?
Benefit of the clergy
How could you prove your right to benefit of the clergy?
By reading a passage of the bible- priests were some of the few people who could read. Many people memorised a passage from the bible so they could recite it in court and claim this benefit
What sort of punishments were given out by the church
More lenient ones
Why did the church give out more lenient punishments?
For the criminal to be reformed
Benefit of the clergy shows us that that the justice system in medieval England wasn’t equal because….
It provided a way for people to be treated differently. The benefit of the clergy was not available for women and they couldn’t be priests
What did sanctuary provide protection from?
The law
Where could you get sanctuary?
In some important churches
How could you claim sanctuary?
By going to a important church that offered it
Once you have gained sanctuary what would the priest do?
Report the crime but no one was allowed to arrest the accused
What were the options when you were granted sanctuary?
Agree to go to court or swear a oath to leave the country
How long did sanctuary last?
40 days
After sanctuary, what would happen if the accused didn’t leave the country after 40 days?
They would be outlawed
When was trial by ordeal first used?
Anglo-Saxon times
Name 4 trial by ordeals:
-Trial by hot water
-Trial by hot iron
-Trial by cold water
-Trial by blessed bread
Who could take trial by blessed bread?
Priests only
Trial by hot water and iron decide someone’s innocence/guilt
If the wound had started to heal well they were innocent
How did trial by water decide someone’s innocence or guilt?
If they sunk they were innocent as the water had accepted them
How did trial by blessed bread show someone’s innocence or guilt?
If they choked they would be guilty
Give three ways church courts were used in the 13th century
-Trial by ordeal
-benefit of the clergy
-Sanctuary
