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History Edexcel Crime and Punishment > Medieval England 1000-1500 > Flashcards

Medieval England 1000-1500 Flashcards

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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 combat?

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
  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 shire reeve / parish constable?

A

Anglo-Saxon England

A local official appointed from the community who had the responsibility of carrying out judgements made by the local community

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16
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

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17
Q

What was a justice of the peace?

A

under the 1361 Justice of the Peace Act, 3-4 JPs were appointed to each county. They had the power to fine and arrest people who were disturbing the peace

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18
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

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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)

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20
Q

What were the main emphases of punishment during this era?

A

Deterrence and retribution (revenge)

21
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

22
Q

What was a county coroner?

A

introduced in 1194, these people investigated unexpected or suspicious deaths

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

Who was the shire reeve / parish constable?

A

Anglo-Saxon England

A local official appointed from the community who had the responsibility of carrying out judgements made by the local community

25
Q

What were town watchmen?

A

also called a constable, they had a similar job to JPs. These people were appointed by the king

26
Q

Did people actually stop trial by ordeal in 1215 after Pope Innocent III forbade it?

A

No, people continued to use this method of trying suspected criminals.
King Henry III did not recognise its abolition until 1219 but after this point, there are no cases of trial by ordeal recorded on the official English plea rolls.
However, unofficially, the practice continued.
For example, trial by cold water was used to try witches in the Elizabethan period.

27
Q

Give some examples of crimes against a person

A

Murder
Assault
Public Disorder
Rape

28
Q

Give some examples of crime vs property

A

Arson
Theft
Counterfeiting Coins

29
Q

Give some examples of crime vs authority

A

Treason

Rebellion

30
Q

William the I - Forest Laws

A
  • Royal Forests were protected from forest laws,
  • Only those who paid for hunting rights were allowed to hunt
  • Was seen as unfair by normal people as if you broke these laws you were not seen as a criminal
31
Q

Murdrum Fine

A

it forced the Anglo-Saxon villagers to prove that any dead body found near their village was not a Norman. If it was a Norman then the whole village was responsible for finding the guilty person (or thing) and had to pay a heavy fine after the murderer was killed.

32
Q

Why did normal people hate Forest Laws

A
  • Punishments were harsh
  • Foresters who enforced the law were violent
  • Many were evicted from homes to make way for Royal Forests
33
Q

Changes under Normans

A
  • The most obvious change following the Norman Invasion was the building of castles.
  • The Normans did this to protect themselves and exert their authority over the area.
34
Q

Limitations of the Forest Law

A

Many normal people ignored this new crime as they were happy to break the law in order to be able to survive.

35
Q

What is a Tithing

A

Males from the age of 12 were expected to join a Tithing.
Tithings were a group of 10 men who were responsible for each others’ behaviour.
If one of them broke the law, other members of the Tithing had to bring him to court and ensure any fines were paid.

36
Q

What was trial by jury

A

Members of the local area formed a jury.
This was made up of men from the area that knew both the suspect and also the accuser.
The suspect and the accuser would tell their version of events and the jury would decide who they thought was telling the truth.
If there was no proof, for example an eyewitness to the crime, the jury would decide based on their own information of the two parties involved.

37
Q

What was a town constable

A

Respected men in the village would be expected to carry out role of Constable.
This would be a local landowner or well-respected tradesman.
Who would be expected to take the role for a year and the main responsibility was to keep the peace in their spare time.
They would have to keep an eye for crimesand lead the Hue and Cry when necessary.

38
Q

How did Law Enforcement stay the same during the latter medieval era in terms of the community

A

Hue and Cry and Tithing continued

39
Q

How did Law Enforcement change during the latter medieval era in terms of the community

A
  • From 1250, Parish Constables led Hue and Cries and tried to keep peace and arrested people
  • Some Towns had Nights Watchmen who patrolled the streets any they told the constables about any criminals
  • If juries couldn’t make a decision trial by ordeal and combat continued to be used. However they got completely abolsihed in 1215
40
Q

How did Law Enforcement change during the latter medieval era in terms of the government

A
  • Knights were chosen by Richard I to keep peace in areas.
  • JP’s were introduced they could hear minor crimes in small courts 4x a year they were appointed by the monarch and were local lords
  • The role of Sheriffs increased, they were expected to track down criminals, if they were not captured.
41
Q

What was Corporal Punishment

A

This is the method of punishment to the body and could result in a period of time in the stocks and pillory.
Often offenders would find themselves with either their head and hands or their ankles clamped between two pieces of wood.
This punishment would take place in public, with the idea being to humiliate offenders and ultimately deter others from committing crimes.

42
Q

How were reoffenders treated

A

Re-offenders were treated more harshly.
Sometimes they would face mutilation to parts of their bodies, such as cutting off a hand, ear or nose, or even ‘putting-out’ the eyes.
Again the severity of this punishment was designed to deter them from further crimes.

43
Q

Name some medieval punishments 1000-1500

A

Capital punishment
Fines
Stocks
Maiming

44
Q

Give three similarities between Anglo Saxon,Norman and later medieval law enforcement

A

All used fines
All used capital and corporal punishment
Used Fines
Punished people differently based on Gender and Class
Aim of Punishment was the same across all periods

45
Q

What is the meaning of a blood feud?

A

Victims could punish criminals themselves

46
Q

Role of the church in Medieval England

A

The Saxons were incredibly religious and if a local jury was unable to decide if someone was innocent or guilty then they would allow God to decide, using Trial by Ordeal.
All trials, except Cold Water, took place inside the church in the presence of a priest.
This practice was ended in 1215 by Pope Innocent III.

47
Q

What was Sanctuary

A

If you had committed a crime, were on the run and you could reach a church, you would have been able to claim sanctuary.
This means that the church would protect you.
No one would be able to remove you from the church, not even the County Sheriff.
The criminal would have 40 days during which to decide whether to face trial in the church court, or leave the country.
If they opted to leave the country they would have to travel to the nearest port barefoot, carrying a wooden cross and get onboard the first ship heading abroad.

48
Q

What was Benefit of the Clergy

A

This was when the accused claimed the right to be tried in the church courts, usually because they were more lenient.
In theory, this right should only have been for priests and men of the church.
But, in reality, if you were connected to the church in any way you could claim this right.
The church would often test people claiming benefit of the clergy by making them read a verse from the bible.
This verse became known as the ‘neck verse’ as it saved your neck, or enabled you to escape hanging.

History Edexcel Crime and Punishment (4 decks)

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