c1000 - c1500: crime and punishment in medieval england Flashcards

1
Q

Give 2 examples of a crime against the person.

A

Murder, assault, public disorder, rape.

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2
Q

Give 2 examples of a crime against property.

A

Arson, theft, poaching, counterfeiting coins.

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3
Q

Give 2 examples of a crime against authority.

A

Treason and rebellion.

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4
Q

During the Anglo-Saxon period, what 2 attributes did those who were involved in law making hold?

A

Power and wealth.

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5
Q

Were crimes against authority seen as not serious or serious?

A

(Extremely) serious.

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6
Q

Was it compulsory for laws in Anglo-Saxon times to be written down and why?

A

No - they were still based on local custom.

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7
Q

What effect did the growing power of the monarch have on the country’s laws?

A

Laws became more unified across the country.

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8
Q

What year was the Norman Conquest?

A

1066

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9
Q

When did Henry II became king and what was significant in terms of law after he became monarch?

A

He 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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10
Q

Give an example of a ‘social’ crime.

A

Poaching.

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11
Q

Why was poaching seen as a ‘social’ crime?

A

It was considered to be acceptable to many people - catching animals for food on common land was allowed and helped people survive.

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12
Q

In Medieval England, what was poaching defined as?

A

Hunting wild animals on other people’s land without paying hunting rights.

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13
Q

What law stimulated the increase of poaching?

A

The Forest Laws.

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14
Q

How did the Forest Laws cause an increase in poaching?

A

Peasants used what has previously been common land to catch animals for food.

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15
Q

What did reducing the amount of common land mean for many people?

A

They were forced to choose between breaking the law and going hungry.

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16
Q

Other than the monarch, what was the other huge authority in defining criminal activity across the medieval period?

A

The Church.

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17
Q

How did King William I establish royal authority over his new kingdom?

A

He added new crimes to the existing Anglo-Saxon ones (e.g rebellion and those covered by the Forest Laws and the Murdrum fine)

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18
Q

Under the Forest Laws, how much of England became ‘Royal Forest’?

A

30%

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19
Q

What was the ‘Royal Forest’ used for and who by?

A

William I and the nobility used it for hunting.

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20
Q

Give 2 reasons why ordinary people hated the Forest Laws.

A
  • Many had been evicted from their homes or farms to make way for the Royal Forests.
  • Activities that had previously been allowed, such as killing rabbits and collecting firewood, were now illegal. This irritated ordinary people and made the everyday struggle for survival harder.
  • Punishments for breaking the Forest Laws were extremely harsh.
  • The foresters who enforced the Forest Laws were often violent.
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21
Q

What did the Forest Laws make it illegal to do in the Royal Forests?

A

Graze animals, kill wild animals or take wood without a licence.

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22
Q

Give 1 place in England where there was a rebellion by the Anglo-Saxons following the Norman invasion.

A

York/East Anglia.

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23
Q

Give an example of a crime which William I punished more harshly than in Anglo-Saxon times.

A

Betraying your lord or inciting rebellion against a king.

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24
Q

What was the Murdrum fine?

A

The fine payable to the king by the hundred where a killing occurred, unless the killer was produced or the victim proved to be a Saxon.

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25
Q

What was the Murdrum fine used to help establish?

A

Control over the conquered population

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26
Q

How did the Murdrum fine allow the ruling class to make laws to benefit themselves?

A

It make murdering a Norman a more serious crime than murdering an Anglo-Saxon.

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27
Q

Who was largely responsible for preventing crime and catching criminals in Anglo-Saxon England and why (what did they not have)?

A

The community - they didn’t have an official “police force”.

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28
Q

What was the crime rate like in Anglo-Saxon England?

A

Very low.

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29
Q

Where did most people live in Anglo-Saxon England?

A

In small hamlets or on farms, or small villages known as ‘burhs’.

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30
Q

Why did tight-knit communities have an impact on crime rates in Anglo-Saxon England.

A

Everyone knew everyone else and felt a sense of duty towards their community and so crime rates were low and law enforcement was effective.

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31
Q

What was a shire?

A

The Anglo-Saxon version of a county.

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32
Q

How mang tithings were in each hundred?

A

Ten.

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33
Q

What was a tithing?

A

A group of ten people.

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34
Q

What was the purpose of tithings?

A

To prevent crime within communities?

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35
Q

What would happen if someone in a tithing committed a crime?

A

The others made sure they went to court or else they would have to pay a fine for them.

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36
Q

Who was a shire reeve?

A

A local man appointed by the community to take criminals to court and make sure all punishments were carried out.

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37
Q

Who did the shire reeve meet regularly with?

A

One man from each tithing.

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38
Q

What was the hue and cry?

A

A shout raised by the witness or victim of a crime to alert others.

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39
Q

Who was expected to respond to the hue and cry?

A

Everyone.

40
Q

Which type of court dealt with the most serious crimes?

A

Royal courts.

41
Q

Which type of court dealt with lesser crimes?

A

Shire courts.

42
Q

Which type of court dealt with petty crimes?

A

Hundred courts.

43
Q

In Anglo-Saxon England, did court hearings take place in private or public?

A

Public.

44
Q

Who did people swear oaths before in the Anglo-Saxon justice system?

A

God.

45
Q

In Anglo-Saxon England, if the jury could not decide if someone was guilty or innocent, who took over the trial?

A

The Church so God could decide.

46
Q

Who was expected to join a tithing?

A

Every male over the age of 12.

47
Q

What happened if someone chose not to join the hue and cry?

A

The whole village would have to pay a fine.

48
Q

What happened if the hue and cry failed?

A

The local Sheriff would get together a Posse of men to continue the search.

49
Q

Who was expected to take on the role of Constable?

A

Well-respected men in the village.

50
Q

What was the role of the Constable?

A

Keep an eye out for crime and lead the hue and cry.

51
Q

How long did a constable in medieval England hold his position?

A

One year.

52
Q

Give 2 features of law enforcement which Normans kept the same as the Anglo-Saxons.

A
  • Tithings
  • Hue and cry
  • Court system
53
Q

The Normans introduced trial by combat. What did this entail?

A

Two people would fight until one was killed or surrendered to settle a dispute.

54
Q

In Norman England, what was the role of ‘foresters’?

A

To police the Royal Forest and enforce Forest Laws.

55
Q

Did crime rates increase or decrease throughout the 13th and 14th centuries?

A

Increase.

56
Q

Who become increasingly responsible for law enforcement throughout the 13th and 14th centuries?

A

Authorities - they appointed officials.

57
Q

From 1250, who led the hue and cry?

A

Parish constables.

58
Q

When were trial by ordeal and combat abolished?

A

1215

59
Q

Who were parish constables nominated by?

A

The local community.

60
Q

Were parish constables paid and if so how much?

A

They weren’t paid.

61
Q

When and by who were knights first appointy to keep the peace in some ‘unruly’ areas?

A

In 1195 by Richard I

62
Q

When did Edward V extend knights to all areas?

A

1327

63
Q

When was the Justices of the Peace Act passed?

A

1361

64
Q

What power did JP’s have?

A

Hear minor crimes in small courts four times a year.

65
Q

Who were Justice of the Peace nominated by?

A

The monarch.

66
Q

How did the role of the sheriff change from 1285?

A

He was allowed to form a posse of local men to help chase and catch crimals if the hue and cry failed.

67
Q

Give 2 of the main aims of medieval punishment.

A
  • Retribution
  • Deterrence
  • Keep people safe
68
Q

Give 2 types of medieval punishments.

A
  • Fines
  • Stocks
  • Maiming
  • Flogging
  • Hanging
  • Beheading
69
Q

Describe the trend in the use of fines as punishment from Anglo-Saxon, to Norman, to Medieval England.

A

Anglo-Saxon: most common
Norman: decreased significantly
Medieval: became more common

70
Q

Describe the trend in the use of capital punishment from Anglo-Saxon, to Norman, to Medieval England.

A

Anglo-Saxon: rarely used
Norman: rose dramatically
Medieval: gradually decreased

71
Q

Describe the trend in the use of corporal punishment from Anglo-Saxon, to Norman, to Medieval England.

A

Anglo-Saxon: fairly common
Norman: rose dramatically
Medieval: still widely used

72
Q

What is capital punishment?

A

Killing the criminal.

73
Q

What is corporal punishment?

A

Physically hurting the criminal.

74
Q

What is retribution?

A

Making the criminal suffer for the crime committed.

75
Q

What is deterrence?

A

Trying to prevent others or the criminal from carrying out crime.

76
Q

What did the amount of Wergild payable in Anglo-saxon times depend on?

A

The victim’s social status.

77
Q

For murder, what sort of capital punishment would commoners get and what sort would nobles get?

A

Commoners would be hanged; nobles would be beheaded.

78
Q

In the early 13th Century, which place offered sanctuary?

A

Some important churches only.

79
Q

What was sanctuary?

A

Protection from the law.

80
Q

How did sanctuary work?

A

The accused would go to a church and either agree to go to court or swear an oath to leave the country.

81
Q

What was the role of the priest in sanctuary and how did this affect the accused?

A

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

82
Q

In sanctuary, what happened if the accused had not left the country within 40 days?

A

They would be outlawed.

83
Q

What did sanctuary and benefit of clergy demonstrate about the church and law enforcement?

A

They showed how the church operated an alternative justice system outside the control of other authorities.

84
Q

Where did benefit of clergy take place?

A

In church courts.

85
Q

How did people prove their right to benefit of clergy?

A

By reading a passage from the Bible.

86
Q

What did many laymen (people who weren’t members of the clergy) do to ensure they could claim benefit of clergy in court?

A

They memorised the Bible passage.

87
Q

Were punishments in Church courts more or less lenient than in other courts and why?

A

More lenient - the church wanted to give people the chance to reform.

88
Q

Who was benefit of clergy not available to?

A

Women (they couldn’t be priests).

89
Q

Who was entitled to benfit of clergy?

A

Priests.

90
Q

What organisation used trial by ordeal?

A

The Church.

91
Q

Give 2 methods of trial by ordeal.

A
  • Trial by hot water/iron
  • Trial by water
  • Trial by consecrated bread
92
Q

How did trial by hot water/iron decided if a person was guilty?

A

The person would hld a hot iron/put their hands in hot water. if the burns had healed well after a few days, they were innocent.

93
Q

How did trial by water decide if a person was guilty?

A

The person was thrown in a lake. if they sank, they were innocent.

94
Q

How did trail by consecrated bread decide if a person was guilty?

A

If the priest choked on the bread, he was guilty.

95
Q

In what circumstance would trial by ordeal be used?

A

When a person’s guilt/innocence couldn’t be decided by a court.

96
Q

Who ordered the end of trial by ordeal and when.

A

The Pope in 1215.