Crime and Punishment c.1000-1500 Flashcards
cards 13 onward are the changes Normans made to crime and law enforcement
Tithings
Groups of 10 men responsible for each other - if one broke the law, the others had to bring him to court
Every man over 12 expected to join
Hue and Cry
When called by victim/witness, entire village was expected to drop everything and hunt the criminal. If someone didn’t, the whole village would pay a heavy fine.
Trial by local jury
Made up of men from the village who knew the accuser and the accused. They decided guilt/innocence based on their knowledge of the people.
Compurgation
Oath sworn by others to establish innocence of the accused.
Trial by ordeal
Turned to God to decide guilt/innocence of a person if local jury couldn’t do so. Accused would fast for 3 days and hear a Mass to prepare.
Always in presence of priest.
Abolished in 1215.
Trial by ordeal - Trial by hot iron
Accused picks up hot iron and walks 3 paces with it, the hand is bandaged for 3 days.
If wound healed cleanly = innocent.
If wound festered = guilty.
Trial by ordeal - Trial by hot water
Accused puts hand into boiling water to pick up an object, hand/arm bandaged for 3 days.
If wound healed cleanly = innocent.
If wound festered = guilty.
Trial by ordeal - Trial by cold water
Accused tied with a knot above waist and lowered into the water.
If accused sank below = innocent.
If accused floated = guilty (rejected by God’s pure water).
Trial by ordeal - Trial by blessed bread
Priest prays that accused would choke if he’s lying.
Accused ate bread, guilty if he chokes.
Wergild
Fine paid to victims of a crime or their family.
Capital Punishment
Killing someone for committing treason against the King or betraying the Lord.
- used to deter others and show the importance of loyalty to King, who was chosen by God
Corporal Punishment
Physical punishment often used on re-offenders e.g. mutilation to deter them.
Murdrum Fine
Expensive fine paid by all the people of a certain region if a Norman was murdered.
This is because Normans built many castles to help control the land, sometimes destroying Anglo-Saxon homes, which led to some Saxons fighting back and killing Norman soldiers.
Forest Laws
Forbade cutting trees for fuel or building,
Forbade people in forests from owning dogs or bows and arrows.
Anyone caught hunting deer had their first 2 fingers chopped off.
Re-offenders were blinded.
Tithing + Hue and Cry
Local communities were effective in policing themselves so the Normans kept this.
Trial by combat
Normans kept trial by ordeal but introduced trial by combat.
Accused fought with the accuser until one was killed or unable to fight on.
Loser was hung - God had judged him to be guilty.
Capital Punishment under Normans
William used capital punishment for serious crimes and re-offenders.
Wergild under Normans
Normans ended wergild.
William ordered that fines should be paid to the King’s officials, not to the victim or their family.
Fines were used for lesser crimes.
Women
Under Anglo-Saxons, women were given almost equal rights in law with men.
Under Normans, law was harsher on women. A Norman legal text said: “Women’s authority nil. Let her in all things be subject to the rule of men.”
Church Courts
Normans introduced separate courts used for churchmen which tended to be more lenient.
Social crime
An act most people don’t believe as criminal and commit or ignore.
Local communities were willing to turn a blind eye to people hunting or collecting firewood from the King’s forests as they regarded the Forest Laws as unfair.