Medieval Crime And Punishment Flashcards
When did the pope ban trial by ordeal
1215
When did trial by ordeal end
The pope banned it in 1215 but it officially ended in England 1219
When did trial by ordeal end in England
1219
When was the first Black Death / plague
1348
What happened in 1348
The first Black Death
What did the 1348 Black Death lead to
The 1351 statute of laborers and the 1381 peasants revolt
What did the 1351 statute of laborers do
Banned peasants from looking for new jobs and introduced a maximum wage as a result of the 1348 plague/ black death
why were the consitiutions of clrendon introduced
King Henry II of England issued the 1164 Constitutions of Clarendon in an attempt to gain control over the punishment of members of the clergy who committed crimes
When were the constitutions of Clarendon made
1164
What did the 1164 constitutions of Clarendon do
Reduce the ecclesiastical privileges and curb the power of the church courts and the extent of papal authority in England
Wergild definition
A system of fines based on social status ( wergild for killing a noble was considerably higher than that of a peasant)
Hue and cry
calling on fellow villagers to chase the criminal. If villagers failed to join then the village could be fined.
4 examples of Anglo Saxon punishment
Fines (wergild), maiming/ mutilation , hanging , stocks and pillaries
Types of trial by ordeal
Cold water, hot water, hot iron, blessed bread (clergy) , combat (Normans)
Characteristics of Anglo Saxon punishment
Mainly fines,corporal punishment (mutilation) for repeat offenders and capital punishment for rare serious offenses I.e treason
What new laws did the Norman’s create
Forest laws and Murdrum fine
What was murdrum
When a Norman was killed an expensive fine was charged to the county
What were the 1066 forest laws and why did they upset people
A large portion of English countryside became the king’s forest in which you needed a license to hunt . People in the forest were not allowed to own dogs or a bow and arrow. People were also not allowed to hunt deer
People were angry as it was previously a basic right or even career to hunt for food
What happened to Anglo Saxon legal systems after the Normans took over
They stayed mostly the same with the exception of forest laws, murdrum fines and the introduction of church courts
Give 3 examples of medieval law enforcement
Hue and cry , tithings, and hundreds, trial by ordeal, trial by local jury, church courts
What sentence does d church courts never give
The death Sentence
What type of crimes were church courts used for
Moral crimes like adultery and public drunkenness
What was benefit of the clergy
And what did people have to do to prove they had it
The claim to be tried in a church court intended only for priests but used by anyone loosely connected to the church
To prove they had benefit of the clergy people would read a bible verse as previously only priests would be educated but people would try and memorize the verse verbally and thus called it the neck verse (people tried to save their necks)
What happened to punishments after William 1 took over 1066
They became harsher
William was tougher on criminals as he believed anyone who committed a crime was going against the King’s Peace rather than just the individual victim
what is a social crime (give an example from this period)
A social crime is an act most people don’t believe is criminal and which they are prepared to commit or ignore. For example : poaching
what is a moral crime give an example from this period
Moral crimes are actions that don’t physically harm anyone or their property, but which don’t match society’s views of decent behaviour. For example : public drunkenness
what was a parish constable?
a law enforcement officer, usually unpaid and part-time which meant that communities were ‘policing’ themselves. The Parish Constable was expected to perform all of the main duties associated with local policing.
what did the parish constable do? (3 things) app
the Parish Constable was expected to perform all of the main duties associated with local policing. this included:
Arrest people who have committed crimes.
Prevent crimes such as trespassing and poaching
Carry out punishments such as whipping vagabonds
what were the two types of trial
trial by ordeal and trial by local jury
what was trial by local jury
Trial by local jury - The jury was made up of men from the village tithing who knew the accuser and the accused. The jury would listen to accounts from both, and possibly witnesses, before deciding who was telling the truth.
what was trial by cold water
Trial by cold water - The accused was tied to a rope and lowered into water. If the accused floated, it was believed that the water had rejected them and that God had therefore judged the person to be guilty.
punishment for breaking forest laws
People in the forest were not allowed to own dogs or a bow and arrow and were punished by having their first two fingers cut off so that they could no longer use a bow and arrow. Repeat offenders were blinded.
what was the kings peace
that it was the king’s duty to take care of law and order
what new law enforcement did the normans introduce
The Normans introduced Church courts. If a member of the Church was accused of a crime, they were tried in these separate courts
what were royal courts , who introduced them and when
Royal courts were introduced by Henry II in 1163. A royal court was appointed by the king and would travel the country. The most serious cases of crime were heard by a royal court.
when were church courts introduced
1163
what was a coroner, who introduced them and when
In 1194 Richard I introduced coroners. Their job was to investigate any death that occurred from unnatural causes
when were coroners introduced
1194 richard 1
what kind of role did the church play in medieval law and order
Church and religious beliefs played an important role in law and order. It was often the responsibility of the Church to decide whether an individual was guilty of a crime. This had a significant impact on definitions of crime
extra -
Clergy were often the most educated members of the community.
what was sancturary
A criminal who was trying to escape capture could go to a church to claim sanctuary
once inside the church, the criminal was under the Church’s protection and the sheriff was not allowed to arrest them.
The criminal had 40 days to either attend trial or leave the country.
Anyone who did not leave within 40 days was considered an outlaw.
what would happen if you did not leave sancturary in 40 days
Anyone who did not leave within 40 days was considered an outlaw.
what would happen to a criminal after claiming sanctuary at a church
once inside the church, the criminal was under the Church’s protection and the sheriff was not allowed to arrest them.
The criminal had 40 days to either attend trial or leave the country.
what was the “neck verse”
To claim ‘benefit of the clergy’, an individual had to read a verse from Psalm 51 in the Bible
bible verse had to be read to claim benefit of the clergy
psalm 51
