Crime and Punishment - Medieval, c.1000-1500 Flashcards

1
Q

What were the four types of crime that existed since the Anglo-Saxon period (c.1000-1066)?

A
  1. Crimes against the person
  2. Crimes against the property
  3. Crimes against authority
  4. “Moral” crimes
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2
Q

Which crimes were introduced in the Norman era (c.1066-1154)?

A
  1. “Killing a Norman”
  2. The Forest Laws
  3. ‘Social’ crimes, such as poaching
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3
Q

Which crimes were introduced in the Medieval era (c.1154-1500)?

A
  1. High Treason. Kings felt more challenged by their people and parliaments
  2. Heresy
  3. Statute of Labourers
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4
Q

When were laws against heresy imposed?

A

The Medieval era - 1382, 1401, 1414

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5
Q

When was the Statute of Labourers passed? What was it and why was it introduced?

A
  1. 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).
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6
Q

What were the two main types of trial in Anglo-Saxon England?

A
  1. Trial by local jury

2. Trial by ordeal

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7
Q

Trials in Norman England?

A

Trial by local jury

Trial by ordeal

Trial by combat

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8
Q

Trials in Medieval England?

A

Trial by local jury

Trial by combat

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9
Q

What was trial by local jury?

A

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

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10
Q

What was trial by ordeal? An example?

A

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)

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11
Q

What was trial by battle?

A

The accuser and the accused would fight until one gave in. The person defeated would usually be hanged

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12
Q

How were criminals caught in Anglo-Saxon England?

A
  1. Parish constable / shire reeve
  2. Hue + Cry
  3. Tithing
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13
Q

How were criminals caught in Norman England?

A

Same as Anglo-Saxon England

=======
1. Sheriff (as opposed to constable - same thing, but more important role)
2. Hue + Cry
3. Tithing
=======
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14
Q

Medieval law enforcement

A

Travelling justices

Justice of the peace

County coroner

The posse

Town watchmen

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15
Q

Who was the parish constable?

A

Normans. A local official appointed from the community who had to lead the Hue and Cry, was unpaid but could be successful.

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16
Q

Who was the sheriff?

A

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.

17
Q

What was a travelling justice?

A

people given power by the king to hear cases and make judgements on behalf of the king. This made the court system more efficient

18
Q

What was a county coroner?

A

introduced in 1194, these people investigated unexpected or suspicious deaths

19
Q

What was the posse?

A

group of men organised by the sheriff to track down criminals (hue and cry still used in smaller communities)

20
Q

What punishments existed in Anglo-Saxon England?

A

Minor crimes:
Public humiliation
Wergild
Corporal punishment

Major crimes:
Capital punishment

21
Q

What punishments existed in Norman England?

A

Minor crimes:
Public humiliation
Fines paid to the king (this replaced wergild)
Corporal punishment

Major crimes:
Capital punishment

22
Q

How much of the population lived in villages in the Anglo-Saxon period? What did this mean?

A

90%. This made the local community extremely important in law enforcement

23
Q

What did the growth of towns in the Medieval period result in? What was needed as a result?

A

More opportunities for crime in small village communities.

A more centralised approached was needed to deal with crime.

24
Q

What were the main emphases of punishment during this era?

A

Deterrence and retribution (revenge)

25
Q

What were the two courts used in the Anglo-Saxon era?

A

Shire-court

Hundred-court

26
Q

Courts during the norman period

A

Shire-court

Hundred-court

Church court

27
Q

What were Church courts? Benefit of Clergy?

A

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

28
Q

What were forest laws? What were consequences and why

A
  • 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.
29
Q

How did Normans change fines?

A

Abolished the system of Wergild and fines were payed to the king. Also introduced murdrum fines, payed to the king.

30
Q

When did Trial and Ordeal end?

A

1215

31
Q

What was sanctuary?

A

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.