Crime and Punishment - Medieval, c.1000-1500 Flashcards
What were the four types of crime that existed since the Anglo-Saxon period (c.1000-1066)?
- Crimes against the person
- Crimes against the property
- Crimes against authority
- “Moral” crimes
Which crimes were introduced in the Norman era (c.1066-1154)?
- “Killing a Norman”
- The Forest Laws
- ‘Social’ crimes, such as poaching
Which crimes were introduced in the Medieval era (c.1154-1500)?
- High Treason. Kings felt more challenged by their people and parliaments
- Heresy
- Statute of Labourers
When were laws against heresy imposed?
The Medieval era - 1382, 1401, 1414
When was the Statute of Labourers passed? What was it and why was it introduced?
- This prevented workers from asking their masters for higher wages and moving to a new area to look for work.
At the time of this law being passed, the Black Death had wiped out a large proportion of the population (30-50%), and so the lower classes were able to ask for higher wages or threaten to work for another master (as they were in need for workers, as many had died).
What were the two main types of trial in Anglo-Saxon England?
- Trial by local jury
2. Trial by ordeal
Trials in Norman England?
Trial by local jury
Trial by ordeal
Trial by combat
Trials in Medieval England?
Trial by local jury
Trial by combat
What was trial by local jury?
A trial where the criminal would be brought in front of a jury of local men which knew both them as well as the accuser. The jury would hear the story of both the accuser and the accused, and then come to a verdict of innocence or guilt. If guilty, they decided the punishment
What was trial by ordeal? An example?
A religious way to see if someone was guilty. The person would have to complete an ordeal, and innocence or guilt would be determined by a certain factor. E.g. trial by cold water (someone would be chucked into a pond or lake. The water represented purity; the innocent would be accepted and drown, whilst the guilty would float)
What was trial by battle?
The accuser and the accused would fight until one gave in. The person defeated would usually be hanged
How were criminals caught in Anglo-Saxon England?
- Parish constable / shire reeve
- Hue + Cry
- Tithing
How were criminals caught in Norman England?
Same as Anglo-Saxon England
======= 1. Sheriff (as opposed to constable - same thing, but more important role) 2. Hue + Cry 3. Tithing =======
Medieval law enforcement
Travelling justices
Justice of the peace
County coroner
The posse
Town watchmen
Who was the parish constable?
Normans. A local official appointed from the community who had to lead the Hue and Cry, was unpaid but could be successful.
Who was the sheriff?
Royal officials who had to go after serious criminals (murders ect), had to bring people in front of the royal courts. Could form a posse who could go out to catch criminal.
What was a travelling justice?
people given power by the king to hear cases and make judgements on behalf of the king. This made the court system more efficient
What was a county coroner?
introduced in 1194, these people investigated unexpected or suspicious deaths
What was the posse?
group of men organised by the sheriff to track down criminals (hue and cry still used in smaller communities)
What punishments existed in Anglo-Saxon England?
Minor crimes:
Public humiliation
Wergild
Corporal punishment
Major crimes:
Capital punishment
What punishments existed in Norman England?
Minor crimes:
Public humiliation
Fines paid to the king (this replaced wergild)
Corporal punishment
Major crimes:
Capital punishment
How much of the population lived in villages in the Anglo-Saxon period? What did this mean?
90%. This made the local community extremely important in law enforcement
What did the growth of towns in the Medieval period result in? What was needed as a result?
More opportunities for crime in small village communities.
A more centralised approached was needed to deal with crime.
What were the main emphases of punishment during this era?
Deterrence and retribution (revenge)
What were the two courts used in the Anglo-Saxon era?
Shire-court
Hundred-court
Courts during the norman period
Shire-court
Hundred-court
Church court
What were Church courts? Benefit of Clergy?
Introduced during Norman period. Anyone could claim benefit of clergy if they could recite the ‘neck verse’, which was a latin verse from the bible. Many people learnt this by heart. Hindered law enforcement as they were much more lenient
What were forest laws? What were consequences and why
- Trees couldn’t be cut down
- People who lived near the kings land could not own bow and arrows or dogs
- Hunting of deer was banned, punishment was that two fingers to string a bow would be cut off, Normans wanted to send a message to the Anglo Saxons that this was now their land.
How did Normans change fines?
Abolished the system of Wergild and fines were payed to the king. Also introduced murdrum fines, payed to the king.
When did Trial and Ordeal end?
1215
What was sanctuary?
A criminal could claim sanctuary at the church, and no law enforcement touch them. They had 40 days to either leave the country or stand trial.