Crime & Punishment- Medieval England Flashcards
When was the Medieval Period?
1000-1500
List some crimes:
- against the person (2)
- against authority(2)
- against property.
and explain why it developed?
1) Against person:
-assault
-murder
most crimes were personal due to family differences or arguments.
2) Against property:
-theft
-ploughing another’s land
but it was less common as people had few properties and land was the most important possession.
3) Against authority:
- these did not exist under the Norman times and this was because the power of the king was weak and tradition and community was more important.
List one social crime and what is it.Why did it develop?(3)
- Poaching is hunting wild animals on other people’s land without paying ‘hunting rights’ and it increased dramatically after the Forest laws as peasants used what had been common land to catch animals for food.
- it was seen as a ‘social’ crime because it was considered to be acceptable by most people as it helped people survive.
- reducing the amount of common land meant that many had to choose between breaking law and going hungry.
When was the Norman conquest and how did he establish authority over new kingdom?(2)
- Norman Conquest was in 1066.
- King William I wanted to establish his royal authority over the new kingdom by adding new crimes to the existing Anglo-Saxon ones, such as rebellion, and those covered by the Forest Laws and the Murdrum Fine.
What were the Forest Laws and and why did it develop? (5)
Forest laws which protected all the forests- they were taken by Normans, English could not enter.
- around 30% of the England became Royal Forest, which William I and the Norman nobility used for hunting
- Village communities and farms were evicted from this land which caused resentment.
- Only those who paid for hunting rights where allowed to hunt in the Royal forest.
- it became illegal to graze animals, kill wild animals or take wood another for license.
What was the Murdrum? Why did it develop?
-Large communal fine for killing a Norman and if the culprit was not found, the hundred had to pay by the hundred where the body would be found.
Why did the Normans establish the Murdrum and forest laws?(3)
- Normans were a minority and wanted to show their power.
- few law enforcement officers so harsher punishments designed to deter.
- established the importance of nobility and classes and can makes laws to benefit themselves.
Why was there heavy amounts of rebellion and why did it develop? (2)
- Norman Invasion was not welcomed by the Anglo-Saxons and there was much more resistance for the first few years, incl large rebellion in York and East Anglia.
- William I punished these crimes far harshly to try and assert power and he ordered the death penalties for the rebels and he punished those who were not directly involved in the rebellion- estimated 10,00 people starved to death due to the destruction of farmlands and animals on William’s order that had seen rebellions.
Describe the law enforcement in the local community? (3)
Why did it develop?(2)
1) Tithings- group of 10, men ages 12+ and where responsible for each other. A shire reeve was a local man appointed by the community to take criminals to court and make sure punishment was carried out- he met regularly with one man from each tithing
2) Hue and cry – if this was called, all had to try to find the criminal.
3) Parish constable – Responsibility for the day to day maintenance of law and order still lay with local communities through the Parish Constable, volunteer, unpaid post.
- small communities, everyone knew each other so this was effective.
- jobs like parish constable gave a person status.
Describe the law enforcement by the authorities (3)
How did it develop?
1) Sheriff :
- Ensured the criminal went to trial.
- to oversee law and order in a county.
- They were appointed by the King.
- If villagers failed to catch a criminal, the Sheriff would form a posse comitatus to continue to chase the criminal.
2) Posse – caught a criminal if the hue and cry failed.
- All men over 15 could be forced to join a posse by the Sheriff.
3)Coroner – They enquired into violent or suspicious deaths, with the support of a jury of local people.
The role of the authorities became more important as the power of the King increased. However, most law enforcement was by the
local community
Other forms of law enforcement by community besides hue and cry and tithings? (2)
- Oaths: swearing oaths ‘before Gold’ was a major part of Anglo- Saxon justice and he accused could sear their innocence under oath and others could support them as ‘oath helpers’
- Deciding guilt or innocence- the victim or their family would provide evidence of the suspect’s guilt for the court and if the jury couldn’t decide through trial by ordeal the accused was handed over to the church so God could decide if a person was guilty or innocent through trial by ordeal.
The role of courts? (4)
Courts- if suspect did not admit to the crime or was not caught in the act, their guilt or innocence had to be decided by a court and there were diff courts depending on the type of crime committed and the person who committed it.
JPs had responsibility for law and order in each county. The post of JP started in medieval times, but became more important in Tudor times. They were unpaid and did the role mainly for prestige. JPs were usually landowners from the county who were appointed annually to the role.
- Royal courts were national courts dealing with the most serious of crimes,
- lesser crimes were dealt with in shire courts and
- petty crimes with in hundred courts eg theft- local crimes were dealt here
- Court hearing, in which the punishment that convicted criminals would received was decided, took place in public.
What were some punishments for retribution?
Why did it develop?
-Blood feud – family had the right to take vengeance on a criminal.
-wergild-pay a fine for the injured part of the victim.
Punishment was seen as a personal business. An eye for an eye, a tooth for a tooth.
What were some punishments to deter?(7)
Why did it develop?
- Stocks,
- pillory,
- flogging(corporal)
- Cutting of a hand / leg / -gouging out an eye (mutilation)
- Public hanging (capital)
- beheading( capital)
- fines
It was done in public to embarrass the criminal and scare others into not commiting the crime
What part of law and enforcement did the Normans continue (3 )and what did they change? (2)
Continuity: -tithings -hye and cry -the court system law enforcement in most cases remained the responsibility of communities.
Change:
-introduced the trial by combat( revealing the most military nature of Norman society as another way of settling disputes and the two people would fight and one was killed or surrendered( he would then be put to death anyway)
-another change was the use of ‘foresters’ to police the Royal Forests and enforce forest laws and they dealt with suspects v harshly and were often feared and hated by local communities.
