crime and punishment Flashcards
Types of trial by ordeal
cold water, hot water, hot iron and blessed bread (clergy)
Anglo-Saxon Punishments
Fines mainly, Wergild compensation (also used for body parts), Capital punishment and mutilation for repeating offenders.
How many Norman’s were there to govern England (2 million Anglo-Saxons)
7000
Which new laws did the Norman’s create when they came to England?
Murdrum Fine and Forest Laws
What was the Murdrum Fine?
If a Norman was murdered an expensive fine was charged to the county.
What were Forest Laws?
Introduced to protect Norman hunting lands which stopped people from poaching.
Who established church courts?
The Normans
Which new trial did the Normans introduce?
Trial by Combat
Did the Normans keep most of the same legal systems?
Yes
Norman Punishments
Ended Wergild, payments would no longer be given to the victim’s family but to the King’s Royal official. Capital punishment still used for treason and re offenders.
When was trial by ordeal abolished?
1215
In the middle ages what type of law enforcement was there?
Tithings and the hue and cry.
What did royal judges do?
They visited each county twice.
What were coroners used for?
Unusual deaths.
When were constables appointed?
Middle Ages
Why did the use of execution increase?
To act as a deterrent
What were stocks and pillories used for?
Certain crimes like the selling of weak beer or underweight bread.
Were whippings common?
Yes.
What was sanctuary?
A place where if someone was on the run and they managed to reach sanctuary then they had 40 days to either turn themselves in or leave the country whilst carrying the cross barefoot to the nearest dock.
What were Church courts specifically?
They claimed the right to try any churchman in their own courts.
What sentence did church courts never order?
The death sentence
What type of moral crimes were dealt with by the church?
Drunkenness, swearing and playing football on a Sunday.
What was the benefit of the clergy?
The claim to be tried in a church court. Intended only for priests but used by anyone loosely connected with the church.
What was the test to prove the benefit of the clergy?
They had to read out a verse as usually only priests had been educated but some criminals memorized the verse and thus called it the neck verse.
Why was trial by ordeal abolished?
They usually required luck and allowed criminals to avoid justice and sometimes sentenced innocent people to death. Trial by combat was purely strength and combat prowess.
What did Henry VIII do?
He ruled between 1509-1547. In 1534 he split with the pope and declared himself leader of the CofE. Those who refused to split were executed. Protestant ideas justified him. Although he was a protestant he very firmly still considered himself to be a catholic.
What did Edward VI do?
Further widened the split and made laws forcing people to worship Protestantism.
What did Mary do?
She was determined to make England a catholic country once again and burned 300 protestants at the stake for heresy. She is widely regarded as bloody Mary.
What did ELizabeth do?
Was a protestant but made compromises for Catholics. Catholics were fined but these laws were not enforced however after multiple assassination attempts she executed 250 Catholics.
When did the gunpowder plot happen?
1605
What was the gunpowder plot?
Robert Catesby hatched a plan to blow up parliament and the king and put a catholic on the throne.
How many barrels of gunpowder were placed underneath parliament?
36
Who foiled the gun powder plot?
An anonymous letter warned Lord Monteagle (a catholic) about the plot. He warned Robert Cecil who searched parliament and caught fawkes. Fawkes was tortured to reveal the other plotters and he was eventually hung, drawn and quartered.
When was the vagrancy act passed?
1547
What happened to any able bodied vagrant after 3 days?
They were branded with the letter “V” and sold into slavery for 2 years. It was so severe it was withdrawn 3 years later.
When was the Relief of the Poor act passed?
1597
What were some punishments for vagrants?
Whippings and the burning of the ear.
Who were the deserving poor?
In 1601 a law was passed to provide relief to any body unfit for work.
What did the bible teach about vagabonds?
the Devil makes work for idle hands
What did the better off members of society pay?
Poor rates to help poor people in their local area.
What also caused the growing fears of vagabondage?
Printing. When it was invented in the fifteenth century pamphlets became popular and a favourite topic was vagabondage which greatly influenced people’s attitudes. They were portrayed as professional criminals
What was the real cause of vagabondage?
The growing population and the lack of jobs available. Demobalized soldiers couldn’t find work and bad harvests led to falling wages
How did village tension cause a rise in the accusation of witchcraft?
In times of poverty the poor asked their neighbors more often for help. they also believed magic could harm and kill therefore lonely, vulnerable women were blamed if illness struck out.
How did changing the law cause a rise in the accusation of witchcraft?
Witchcraft before Henry VIII were dealt in church courts but Elizabeth and James tightened the laws so that they were against the King made it punishable by death.
How did religious upheavals cause a rise in the accusation of witchcraft?
Protestants preached the devil was tempting good Christians away from god. Superstitious talk made people more likely to believe in magic.
How did the civil war cause a rise in the accusation of witchcraft?
The civil war lead to a breakdown in the rule of law. The fighting meant that royal judges weren’t able to travel and leaving locals to handle cases.
How did pamphlets cause a rise in the accusation of witchcraft?
They were cheap and favourite topic was witchcraft. they often dealt with dramatic cases which were widely read.
Who was Matthew Hopkins?
He was a witchhunter who searched east anglia. He got confessions from 36 women (usually old).
How did Matthew Hopkins get confessions?
By torturing his victims. He didn’t allow them to sleep. Also any boil, spot , scar was regarded as the a devil mark where a familiar would suck their blood.
What was the trial for a witch?
Usually trial by ordeal would take place. They were submerged in water. If they floated they were guilty and were hung, if they sank they were innocent but died by drowning.
Did Matthew Hopkins charge for his time?
Yes
What was some policing continuity?
Hue and Cry was still used and led by the constable. Citizens were supposed to deal with crimes themselves and delivering the criminal to the constable.
What was a constable?
An unpaid, part-time role.
What were coroners?
Royal officials who inspected unusual deaths.
What was new in policing during 1500-1700?
Watchmen were now employed in larger towns. Rewards now used.
What did watchmen do?
They patrolled day and night and were expected to arrest drunks and vagabonds. They could peer into windows.
How well payed were watchmen?
They were poorly paid and of little use.
What stayed the same in trials during 1500-1700?
Still varied courts which all relied on the jury. Royal judges visited each county twice to deal with the most serious offences.
What changed in trials during 1500-1700?
Justices of the Peace became an important role. Also the Habeas Act in 1679 was introduced.
What was a Justice of the peace?
They could fine, send you to the stocks or pillows and could sentence a whipping. They were assisted by the constable. They also attended quarter sessions.
What was a quarter session?
A meeting of all the Justices of the peace which were usually held four times a year.
What was the Habeas Act of 1679
It meant that everyone must have a trial.
Reasons why the bloody code was introduced?
Fears of crime, growth of towns, traditional views of punishment and the attitudes of land owners.
How did the fear of crime help introduce the bloody code?
Cheap pamphlets, public execution was cheap entertainment for a few.
How did the growth of towns help introduce the bloody code?
The constable and the hue and cry became increasingly less effective.
How did the traditional views of punishment help introduce the bloody code?
Believed to be the only of deterring criminals.
