Medieval Crime And Punishment Flashcards

1
Q

When did the pope ban trial by ordeal

A

1215

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2
Q

When did trial by ordeal end

A

The pope banned it in 1215 but it officially ended in England 1219

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3
Q

When did trial by ordeal end in England

A

1219

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4
Q

When was the first Black Death / plague

A

1348

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5
Q

What happened in 1348

A

The first Black Death

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6
Q

What did the 1348 Black Death lead to

A

The 1351 statute of laborers and the 1381 peasants revolt

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7
Q

What did the 1351 statute of laborers do

A

Banned peasants from looking for new jobs and introduced a maximum wage as a result of the 1348 plague/ black death

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8
Q

why were the consitiutions of clrendon introduced

A

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

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9
Q

When were the constitutions of Clarendon made

A

1164

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10
Q

What did the 1164 constitutions of Clarendon do

A

Reduce the ecclesiastical privileges and curb the power of the church courts and the extent of papal authority in England

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11
Q

Wergild definition

A

A system of fines based on social status ( wergild for killing a noble was considerably higher than that of a peasant)

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12
Q

Hue and cry

A

calling on fellow villagers to chase the criminal. If villagers failed to join then the village could be fined.

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13
Q

4 examples of Anglo Saxon punishment

A

Fines (wergild), maiming/ mutilation , hanging , stocks and pillaries

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14
Q

Types of trial by ordeal

A

Cold water, hot water, hot iron, blessed bread (clergy) , combat (Normans)

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15
Q

Characteristics of Anglo Saxon punishment

A

Mainly fines,corporal punishment (mutilation) for repeat offenders and capital punishment for rare serious offenses I.e treason

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16
Q

What new laws did the Norman’s create

A

Forest laws and Murdrum fine

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17
Q

What was murdrum

A

When a Norman was killed an expensive fine was charged to the county

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18
Q

What were the 1066 forest laws and why did they upset people

A

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

19
Q

What happened to Anglo Saxon legal systems after the Normans took over

A

They stayed mostly the same with the exception of forest laws, murdrum fines and the introduction of church courts

20
Q

Give 3 examples of medieval law enforcement

A

Hue and cry , tithings, and hundreds, trial by ordeal, trial by local jury, church courts

21
Q

What sentence does d church courts never give

A

The death Sentence

22
Q

What type of crimes were church courts used for

A

Moral crimes like adultery and public drunkenness

23
Q

What was benefit of the clergy
And what did people have to do to prove they had it

A

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)

24
Q

What happened to punishments after William 1 took over 1066

A

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

25
Q

what is a social crime (give an example from this period)

A

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

26
Q

what is a moral crime give an example from this period

A

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

27
Q

what was a parish constable?

A

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.

28
Q

what did the parish constable do? (3 things) app

A

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

29
Q

what were the two types of trial

A

trial by ordeal and trial by local jury

30
Q

what was trial by local jury

A

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.

31
Q

what was trial by cold water

A

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.

32
Q

punishment for breaking forest laws

A

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.

33
Q

what was the kings peace

A

that it was the king’s duty to take care of law and order

34
Q

what new law enforcement did the normans introduce

A

The Normans introduced Church courts. If a member of the Church was accused of a crime, they were tried in these separate courts

35
Q

what were royal courts , who introduced them and when

A

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.

36
Q

when were church courts introduced

A

1163

37
Q

what was a coroner, who introduced them and when

A

In 1194 Richard I introduced coroners. Their job was to investigate any death that occurred from unnatural causes

38
Q

when were coroners introduced

A

1194 richard 1

39
Q

what kind of role did the church play in medieval law and order

A

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.

40
Q

what was sancturary

A

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.

41
Q

what would happen if you did not leave sancturary in 40 days

A

Anyone who did not leave within 40 days was considered an outlaw.

42
Q

what would happen to a criminal after claiming sanctuary at a church

A

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.

43
Q

what was the “neck verse”

A

To claim ‘benefit of the clergy’, an individual had to read a verse from Psalm 51 in the Bible

44
Q

bible verse had to be read to claim benefit of the clergy

A

psalm 51