• Medieval Law and Punishment (trial by ordeal, wergild) (crime and punishment through time) Flashcards
How did the Church influence medieval law and punishment?
• Ran Church courts, which were more lenient.
• Offered benefit of clergy (clergymen could avoid harsh punishments).
• Used trial by ordeal to determine guilt.
What was trial by ordeal?
• A method of deciding guilt when evidence was lacking.
• People believed God would reveal the truth through physical trials.
What were the different types of trial by ordeal?
- Ordeal by Fire – The accused held a red-hot iron. If the wound healed cleanly, they were innocent.
- Ordeal by Water – The accused was thrown into water; if they floated, they were guilty (rejected by God).
- Ordeal by Combat – Used by nobles. The accused fought their accuser; the winner was seen as right.
- Ordeal by Hot Water – The accused put their hand in boiling water. If it healed well, they were innocent.
What was the wergild system?
• A system of compensation paid to victims or their families instead of punishment.
• The amount depended on the victim’s status (e.g., killing a noble cost more than killing a peasant).
• Aimed to reduce revenge killings.
Why was wergild abolished?
• Normans replaced wergild with fines paid to the king instead of victims.
• This increased royal power and reduced blood feuds.
What were common punishments in medieval England?
• Fines – Mainly for minor crimes (e.g., theft).
• Stocks and pillories – Public humiliation for criminals.
• Corporal punishment – Whipping or mutilation for repeat offenders.
• Capital punishment – Hanging for serious crimes like murder or treason.
How was the law enforced in medieval times?
• Tithings – Groups of 10 men responsible for each other’s behaviour.
• Hue and Cry – Villagers had to chase criminals when alerted.
• Manor courts – Dealt with local disputes and minor crimes.
• Royal courts – Handled serious crimes like treason or murder.
How did the feudal system affect law and punishment?
• The king made laws to maintain control.
• Nobles had power over justice in their lands.
• Serfs (peasants) had fewer rights and faced harsher punishments.
How did the Normans change Anglo-Saxon law and punishment?
• Wergild ended – Fines were now paid to the king instead of victims’ families.
• Murdrum Fine – Heavy fines for killing a Norman, to prevent rebellion.
• Forest Laws – Made poaching illegal and punished harshly.
• Trial by Combat introduced – Nobles could fight to settle disputes.
How did medieval kings influence law and punishment?
• Kings were responsible for making laws and maintaining order.
• Introduced harsh punishments to deter crime (e.g., William the Conqueror’s Murdrum Fine).
• Increased royal control over justice, replacing local traditions like wergild.
What was the Murdrum Fine?
• Introduced by William the Conqueror after 1066.
• If a Norman was murdered and the killer was not caught, the whole village had to pay a heavy fine.
• Aimed to prevent Anglo-Saxon rebellion against Norman rule.
What were the Forest Laws, and why were they unpopular?
• Introduced by William the Conqueror to protect royal forests.
• Made hunting, cutting trees, or collecting firewood illegal without permission.
• Harsh punishments included fines, mutilation, or execution.
• Hated by peasants, who lost access to vital resources.
What was the Benefit of Clergy, and how did criminals use it?
• Clergy could avoid harsh royal court punishments by being tried in Church courts, which were more lenient.
• To claim this benefit, accused criminals had to recite a Bible verse (often Psalm 51, “The Neck Verse”).
• Many criminals memorized the verse to escape execution, even if they were not real clergy.
What was sanctuary in medieval law?
• Criminals could seek refuge in a church and avoid immediate arrest.
• They had 40 days to either stand trial or leave England (exile).
• Provided some protection from harsh royal justice.
How did trial by jury work in medieval times?
• Used mainly for serious crimes.
• A jury of local men (often from the same village) decided guilt.
• Based on witnesses and the accused’s reputation, rather than modern evidence.
Why were public punishments common in medieval England?
• Designed to deter crime and humiliate offenders.
• Examples: stocks, pillories, flogging, branding.
• Public executions were seen as a warning to others.
How did Norman rule change law and punishment?
• Harsher punishments (more executions, mutilations).
• End of wergild, replaced by fines paid to the king.
• Introduction of Forest Laws and Murdrum Fine.
• Strengthened royal courts and reduced local justice systems.
