Crime and Punishment Flashcards
What were the types of crime during the Anglo Saxon period (410 to 1066 AD)?
Murder
Drunk and disorderly
Ploughing someone else’s fields
What were common punishments during the Anglo Saxon period (410 to 1066 AD)?
Stock/pillary
Fines
Corporal punishment
What were the types of policing during the Anglo Saxon period (410 to 1066 AD)?
Tithings
Hue and cry
What trials were there during the Anglo Saxon period (410 to 1066 AD)?
Trial by ordeal
Trial by Jury
Trial by blessed bread
What was a tithing?
Group of 10 men above the age of 12 which made sure nobody in the group committed a crime otherwise they would report it ASAP - otherwise a fine would be payed
Why did the Anglo Saxons use tithings?
It helped deter crimes and it used regular civilians instead of officials
What is a hue and cry?
When a victim or witness raised a “hue and cry” so the entire village would stop and catch the criminal - if one person didn’t do it then the whole village had to pay a heavy fine
Why was a hue and cry used?
It was an almost guaranteed of catching a criminal while being patrolled by the village
What was the trial by local jury?
Men from the local village who knew the accuser and accused and form a jury
No evidence meant it would be decided by what type of person both were
If the accused was more honest they would do compurgation
Why was the trial by local jury used?
It helped see if people were lying or not and catch criminals. It would check if the accused actually committed the crime
What is a trial by ordeal?
If a local jury couldn’t decide guilty or innocent this would happen in a church (apart from trial by cold water) with a priest present.
What were the different trials in trial by ordeal and who were they taken by?
Trial by hot water - by men
Trial by cold water - by men
Trial by blessed bread - by priests
Trial by hot iron - by women
Why was the trial of ordeal used?
God would decide where people couldn’t to see in the accused was guilty (didn’t work)
What is wergild?
A fine for injuring or killing someone that was unfair
How much would you get fined for certain things in wergild?
Noble - 300 shillings
Freeman - 100 shillings
Lower for peasants and even lower for welshmen
An eye - 50 shillings
An arm - 6 shillings
Why was wergild used?
So people didn’t harm or kill others - rich people sometimes killed peasants for fun
What was is capital and corporal punishment during the Anglo Saxon period (410 to 1066 AD)?
A punishment for serious crime such as treason or betraying your lord - involved mutilation and execution
Why was capital and corporal punishment used during the Anglo Saxon period (410 to 1066 AD)?
It helped deter people from more serious crimes as the punishments were severe
Was Anglo-Saxon justice violent and superstitious?
It was not violent and barely superstitious because it was highly unlikely that you would be mutilated or executed superstition was used as a last resort
What were the continuities to Anglo-Saxon justice after the Normans?
Hue and cry
Trials
Tithings
What were adaptations to Anglo-Saxon justice after the Normans?
They added a murdrum fine for killing Norman soldiers
Made it easier to get corporal and capital punishment
Fines were used for lesser crimes
Officials of the king were paid the fines instead of the victim
What changes did the Normans make to Anglo-Saxon justice?
They added the forest laws
They introduced church courts for churchmen - they were a lot more lenient
Law was a lot harsher on women
You couldn’t own dogs, bows and arrows
They added trial by combat
What were the forest laws?
Trees couldn’t be cut down for fuel or building
You couldn’t hunt deer
Otherwise you would lose your fingers
What changes were made to policing by the kings in later medieval England (1100s)?
Parish constable
Coroner
Sheriff
A posse
What was the job of the parish countable in later medieval England (1100)?
Unpaid villager to keep the peace
Led the hue and cry for a year
What did the coroner do in later medieval England (1100)?
Paid person to record unnatural deaths
What was the job of the sheriff in later medieval England (1100)?
To track and capture criminals
Who were the posse in later medieval England (1100)?
Group of people who helped the sheriff
What were the continuities of policing in later medieval England (1100)?
Hue and cry
Tithings
Court (it changes but still was court)
What was the policing situation in later medieval England (1100)?
No police force
Hue and cry were used to catch criminals
Tithing had to bring the accused to court
What were the changes made by the kings to trials in later medieval England (1100)?
There was a royal court:
5 judges and scribes
Dealt with more serious crimes
What were the continuities of trials in later medieval England (1100)?
Jury was still local villagers
Still an oath of compurgation if no evidence was found
What was the situation of trials in later medieval England (1100)?
Local juries decided guilt or innocence
An undecided jury meant god would decide
Royal courts for serious crimes
Manor courts for unserious crimes
What were the changes to punishments made by the king in later medieval England (1100)?
Murder meant death
Could pay the king an expensive fine for pardon
Could fight in the army as a punishment
Could seek sanctuary in a church - means leaving the country in 40 days or face trial
What were the continuities to punishment in later medieval England (1100)?
Benefit of the clergy
What was the situation for punishment in later medieval England (1100)?
Normans ended weevils and fines paid the king
Serious crimes and re-offenders were punished with death
Did the church hinder medieval justice (most hindered down to helped)?
Sanctuary
Churchman was never sentenced to death
Benefit of the clergy (people would learn verses) - neck verses
Trial by ordeal
Church courts dealt with moral offences
What were the types of crime in the early modern era?
Thievery
Begging
Selling bad goods
Cheating at cards
Treason
Witchcraft
Debts
What were the punishments in the early modern era?
Stocks
Pillory
Whipping
Hanging
Fines
Hung, drawn and quartered
What were the types of policing (crime prevention) in the early modern era?
Hue and cry
Tithings
Limbs of display
Constance
What were the trials in the early modern era?
Justices of the peace
Who were the justices of the peace (JPs)?
People who could fine, bind and arrest people who were disturbing the peace
Which social changes affect crime and punishment in 1500 - 1700?
Population growth
Economic changes
Printing
Religious turmoil
Political change
Landowners’ attitudes
How did population growth affect crime and punishment in 1500 to 1700s?
More poverty and unemployment meant more stealing - harder to find work
How did economic changes affect crime and punishment in 1500 to 1700s?
England was getting wealthier with majority of people poor - they turned to crime due to expensive food from bad harvests and this meant harsher punishments
How did printing affect crime and punishment in 1500 to 1700s?
People read about more crimes and believed them therefore being more fearful towards crimes (witchcraft and begging)
How did religious turmoil affect crime and punishment in 1500 to 1700s?
Country kept switching from catholic to Protestant (and vice versa) so people believed the other religion was in league with the devil - more people believed in the supernatural
How did political change affect crime and punishment in 1500 to 1700s?
English civil war (1642-1649) - execution of King Charles I - people felt like the world turned upside down and therefore more fearful and insecure
How did landowners’ attitudes affect crime and punishment in 1500 to 1700s?
Rich regarded the poor with suspicion and wanted to keep the poor in their place by having an influence on crime and punishment - meant harsher punishments
How did changing religion during Henry VIII affect crime and punishment?
Roman Catholics would be executed if they didn’t recognise him as head of the church
Protestants would be executed with monks
What was the order of the religious rollercoaster?
Henry VIII - Catholicism
Edward VI - Protestantism
Mary - Catholicism
Elizabeth - Protestantism
How did religion during Edward VI affect crime and punishment?
All monks and Catholics were to be executed
How did religion during Bloody Mary affect crime and punishment?
Protestants were to be executed
How did punishment during Elizabeth I affect crime and punishment?
Leading catholic would be spied on
What were the changes in law enforcement 1500 - 1700?
Town watchmen were employed
Sergeants were employed
What did town watchmen do 1500 - 1700?
Employed in larger towns
Patrol the streets in day and night
Barely paid and basically useless
Arrest drunks and vagabonds
Look through windows to see if anyone was breaking the law
What did sergeants do 1500 - 1700?
Employee to enforce market regulations
They weighed goods and collected fines from bad traders
What was an example of an adaptation to law enforcement 1500 - 1700?
Benefit of the clergy remained
Law now prevented serious crime offenders from claiming it
What were continuities to law en for cent 1500 - 1700?
Hue and cry led by constables
Parish constables
Citizens were used
Justices of the peace remained
How was the hue and cry used for law enforcement 1500 - 1700?
Constable lead it and the local posse also helped it
How were parish constables used for law enforcement 1500 - 1700?
Main defence against crime
No weapons or uniform
Part time and didn’t go on patrol
Could inflict some punishments
Expected to hold suspects till their trial
How were citizens used for law enforcement 1500 - 1700?
Expected to get an arrest warrant from a magistrate and deliver criminals to the constable themselves
How were justices of the peace (JPs) used for law enforcement 1500 - 1700?
The judged manor court cases
Could fine people
Sent people to stocks
Could order people to be whipped
How were vagabonds treated due to the 1531 act?
They were whipped and then had to return to their birthplace or previous residence
How were vagabond treated due to the act in 1547?
First offence - 2 years slavery
Second offence - lifetime slavery or execution
What happened in 1550 to vagabonds?
1547 act was too harsh so 1531 act revived
What happened to vagabonds during the 1572 act?
First offence - whipping and burning part of the ear
Second offence - execution
What happened to vagabonds in 1576?
Houses of correction were built in every country to punish and employ persistent beggars
What happened to vagabonds in 1593?
1572 act was too harsh so 1531 revived again
What happened to vagabonds in 1598?
Whipped and sent home - if they didn’t change - they could be sent to a house of correction, banished or executed
Why were ordinary people afraid of vagabonds?
They believed that the devil speaks to them and that they are sinful people who commit crimes for money
What are parish constables and JPs worried about vagabonds?
They believed that all the money is going to vagabond and that is why the poor is suffering
Why were the rich and wealthy afraid of vagabonds?
They already pay the poor rates for their own town and don’t want to be spending their money on idle people from other towns
Why did the government not like vagabonds?
They believed all vagabonds were criminals or chose to be idle
What made vagabond treatment a lot more harsh?
Thomas Harman’s pamphlet exaggerated on who vagabonds were
How did Matthew Hopkins lead to an increase in cases of witchcraft?
He made it more public and killed many people for ‘witchcraft’
He found and made finding witches easier
He always made his known so people would be more wary and suspicious