c.1000-c.1500: Medieval England Flashcards
Crimes against the person
Murder, Assault, Public disorder, Rape
Crimes against property
Arson, Theft, Counterfeiting coins
Crimes against Authority
Treason, Rebellion
Lawmaker
The people, church and King -> The King and the church
New Norman laws
Forest Laws, Murdrum fine
Forest Laws
Only those with hunting rights could hunt in royal forests. In royal forests illegal to graze animals, kill wild animals, or take wood without license. Seen as unfair.
Royal forests
30% of England became royal forest: Village communities and farms evicted off this land, Protected by forest laws.
Murdrum fine
If Anglo-Saxon killed a Norman and culprit wasn’t caught: large sum of money payed by hundred where the body was found.
Effects of new Norman Laws
More rebellions from the recently downtrodden Anglo-saxons.
Anglo-Saxon society
Around 1000 most people lived in small hamlets, farms, villages, and small towns allowing everyone to know everyone else.
Tithings
Shires split into areas called hundreds and each hundred into 10 tithings and everyone in a tithing was responsible for one another so if someone committed a crime they would be given to the shire reeve by their tithing
Hue and Cry
Victim or witness to a crime raises a hue and cry by shouting or alerting others and anyone who heard was to chase after the criminal
Courts
If suspect didn’t admit to the crime or caught in the act guilt had to be decided by a court. Royal and national courts were for severe crimes, Shire courts lesser crimes, and hundred courts petty crimes. Court hearings were in public
Oaths
Swearing oaths was a major part of Anglo-Saxon justice, accused could swear an oath of innocence and others could support as oath helpers.
Deciding guilt or innocence
Victim or their family presents evidence and if jury cannot decide suspect handed to church for trial by ordeal.
Anglo-Saxon -> Norman law enforcement continuity
Tithings, hue and cry, court system, Law enforcement responsibility of community
Anglo-Saxon -> Norman law enforcement change
Added trial by combat and foresters used to police royal forests and enforce forest laws.
Trial by combat
Way of settling disputes, two people involved would fight until one was killed or surrendered (then executed)
Norman -> Later medieval law enforcement continuity
hue and cry, trial by ordeal and combat continued informally.
Norman -> Later medieval law enforcement changes
Parish constables, Night watch, Trial by ordeal and combat abolished 1215, Knights, Justices of the peace, Sheriff role expanded.
Parish constables
Led chase after hue and cry raised, tried to keep the peace and arrested suspects
Night watch
Volunteers who patrolled the streets, any suspected criminals handed to parish constable
Knights
Richard I appointed them as keepers of the peace in some ‘unruly’ areas 1195. Edward II extended this to all areas 1327.
Justices of the peace
1361, Had power to hear minor crimes in small courts four times a year appointed by monarch and mostly local lords.
Sheriff later medieval changes
Now expected to track down criminals if hue and cry failed, from 1285 allowed to form a posse of local men to help chase and catch criminals
Anglo-Saxon punishment
Fines and compensation most common, fine for murder called wergild paid to the family of victim. corporal punishments common but capital punishments rare.
Norman punishment
Capital and Corporate punishments rise, Breaking forest laws punished harshly, fines paid to king, Minor crimes punished by fines, whipping, or stocks.
Later medieval punishments
Capital punishments decrease though crimes against person is still punished harshly, corporal punishments widely used though usually on repeat offenders, Fines more common.
Benefit of clergy
If someone could read a passage of the bible they could be tried in a church court which gave nicer punishments
Trial by ordeal
- Trial by hot water or iron: if person healed well innocent.
- Trial by water: if person sank innocent.
- Trial by consecrated bread: for priests if they choked guilty.
