Textbook Flashcards Crime + Punishment
When was the murders fine introduced for filling Normans
1070
When were the forest laws passed
1072
When was William I crowned king
1066
When were coroners introduced and by who
Richard I - 1194
When did ___- reorganise the courts and try to limit ____ powers over crime and punishment
Henry II
Church’s
1150s-60s
When were justices of the peace introduced?
1327
When was the first printing press set up in England
1476
When was the first vagabonds and beggars act
1494
When was witchcraft made punishable by death and by what act?
1542 - Witchcraft Act
When was attending church made compulsory and by what act
1559
Act of uniformity
When did Henry 8th declare himself head of the C of E
1534
When were houses of correction set up in each county
1601
When did transportation to North America begin
1615
When were the Matthew Hopkins witch hunts
1645-47
When was the poor law
1601
When was the gunpowder plot
1605
When were 50 crimes punishable by death
1688
When was civil war
1642-51
When was poaching made punishable by capital punishment
1723
When did the witchcraft act define witches as confidence tricksters
1735
When was the enlightenment
1685-1815
When were the bow street runners set up and by who?
1748 - fielding brothers
When did John Howard publish the state of prisons
1777
When did transportation to Australia begin
1778
When did Elizabeth fry start visiting prisoners at Newgate
1813
When did the law list 222 crimes punishable by death
1810
When were the tolpuddle martyrs
1833
When was the met police set up
1829
Who set up the met police
Robert peel
When did Pentonville prison open
1842
When did the punishment of death act reduce the number of crimes punishable by death to 60
1832
When was Victoria crowned
1837
When were the Jack the Ripper murders
1888
When was transportation abolished
1857
When were all prisons brought under government authority
1877
When was WWI
1914-1918
When were Borstals introduced for young offenders
1900
When was conscription introduced and by what act
1916 - military service act
When was the execution of under 18s stopped
1933
When was derek Bentley educated
1953
When was the death penalty abolished for most crimes
1965
When was domestic violence made a crime and by what act
1976 - the domestic violence act
When was homosexuality decriminalised and by what act
Sexual offences act - 1967
When was racial abuse made a crime and by what act
Racial and religious hatred act - 2006
When were English kingdoms United under one king
954
When was the domesday book
1086
When were the constitutions of Clarendon
1164
When were coroners introduced
1194
When did trial by ordeal end
1215
When did the Black Death start in Britain
1348
When did Henry Tudor become Kong Henry 7th
1485
What was England’s population in 1000 approximately
2 million
What % of people lived in the countryside
90
Give 3 trends in C + P over the anglo Saxon period
Influence of the king over C+P grew
Use of punishment increased
Role of the church increased
What did the increasing power of the king translate to on a practical level in the anglo Saxon period
Penalties were decided by the king rather than local communities
What was the church’s role in cp in the anglo Saxon period
The church wanted to give criminals the opportunity to save their souls
Why were punishments increased in number and severity in the anglo Saxon period
To help boost the authority of the king
Give the 4 social levels of anglo Saxon society
King
Nobles
Freemen
Serfs
Do freemen have land or not
No
True or false: freemen and serfs have a role in making the law
False
What was the quid pro quo deal between nobles and the king
The king gave nobles land in return for their support
Crimes were actioned that threatened ___- ____
Social structure
What was the worst crime
TReason
A serf Starting a fight with a noble or treason would be classed as what type of crime
Crime against authority
Were towns growing or decreasing in importance in the anglo Saxon period
Increasing in importance
Give 3 reasons towns grew in the anglo Saxon period
Populating settling
Trade contacts with Europe
Coined money (making trade easier)
What two types of crime was there more opportunity for in towns
Crimes against the person and property
Towns provided better or worse opportunities for crime and why
Anonymity of the busy town made it easier to get away with crime
Concentration of trade meant there were lots of valuable items to steal
Who appoints shire reeves
Nobles
Who is responsible for keeping the king’s peace in their local areas
Nobles
True or false: nobles can advise and persuade the king when making new laws
True
What type of responsibility was active in small villages throughout England in the anglo Saxon period
Collective responsibility
In anglo Saxon England, Each local area had a ___ who carried out decisions made by local courts
Shire Reeve
What is an abbey
A community of monks or nuns
Several great ___ were founded in c1000
Abbeys
What kind of employment did abbeys create and why
These communities needed labourers to run buildings and supply food
What type of crime did the church have particular responsibility for stopping
Moral crimes
What punishes those who broke church laws
The church
The word shire reeve turned into what word
Sheriff
Give 3 anglo Saxon beliefs about law
Role of community in policing others’ behaviour was very important
God is the final judge of innocence or guilt
The status and position of different groups should be clear in law
Being ___ to your community was a duty in anglo Saxon law enforcement
Loyal
By what century were shires divided into smaller areas and what were these smaller areas called
The 10th century (900s) - hundreds of
Each hundred was divided into ___ tithings
10
Who counted as a man in Anglo Saxon England
Anyone over 12
In a tithing _____ was responsible for the behaviour of ______ ___
Everyone , everyone else
__ man from each hundred and __ man from each tithing had to meet regularly with the shire reeve
1, 1
What was the hue and cry
If one person shouted that a crime was occurring everyone had to help chase and capture suspects
Anglo Saxon justice relied heavily on ___ when deciding whether someone was __or ___
Religion
Guilty
Innocent
___ played an important role in proving a person’s innocence
Oaths
Give 2 reasons someone might not be given the option of swearing an oath of innocence to walk free
If they were a repeat offender
Or caught red handed
When was trial by ordeal used
In cases where there wasn’t enough evidence to prove a person was guilty
Trial by ordeal revealed ____ judgement on their guilt or innocence
God’s
Give 3 examples of trial by ordeal
Trial by hot iron, hot water and Cold Water
What was trial by hot water or hot iron
Hot water/hot iron burned the accused’s hands
Bandaged
If burn heals well = sign that God judges innocence
What was trial by cold water
Town into blessed water with arms tied
Anyone who floated = guilty
Innocent = sank
What type of thinking influenced anglo Saxon ideas about some punishments
Christian thinking
Why did the church advise maiming for minor crimes like petty theft
It gave the criminal time to seek forgiveness from God
What is petty theft
Stealing small, low value items
What does wergild translate literally to
Man price
What was the wergild system intended to do
Reduce blood feuds
Why were blood feuds bad
They created an ongoing cycle of violence - one person would kill, someone from the victim’s family would exact vengeance and kill someone from the murderer’s family
What were wergild fines decided by
Social status
How much for the death of a serf under the wergild
40 shillings
How much for the death of a prince under the wergild
1500 shillings
What two very serious crimes were punished by execution
Treason and arson
Why were treason and arson considered serious crimes
They damaged the land and property of the ruling classes
Corporal punishment acted as a ____
Deterrent
Corporal punishment was a more ___ alternative to the death penalty
Lenient
Criminals who survived corporal punishment served as ____ of the consequences of criminality for others
Reminders
What was the difference between stocks and pillory
Pillory = arms and neck
Stocks ankles
Where would the stocks or pillory be?
In the centre of the village, in public
Give 3 examples of crimes against the person
Murder
Assault
Public disorder
What was the punishment of murder
Wergild
What was the punishment for assault
Maiming
What was the punishment for public disorder
Stocks or pillory
Give 3 examples of crimes against property
Theft
Counterfeiting coins
Arson
What was the punishment for theft
Fines or maiming
What was the punishment for counterfeiting coins
Hands chopped off
What was the punishment for arson
Hanging
What were two crimes against authority
Treason
Betraying your lord
Give the punishment for crimes against authority
Hanging
Which Anglo Saxon king unified the laws of England
King Alfred the great
Give one way nobles played a part in enforcing the law
Appointed shire reeves to keep the king’s peace in their local area
When was the battle of Hastings
1066
After 1066, the power of the __- and the ____ increased
King
Church
Give 2 other names for William I
William of Normandy
William the conqueror
William I said he had been promised the throne by who
Edward the confessor - his predecessor
During the Norman period, cp became more ___
Centralised
The Norman’s used increasingly ___ punishments
Harsh
What did harsher punishments in the Norman period do
Boost the visible power and authority of the king
Give examples of 2 rebellions against William I and how he dealt with them
York and east anglia rebellions
He punished large groups of people (including those who weren’t directly involved) very harshly
To show his power
How many people died of starvation as a result of the punishments William I ordered after the York and East Anglia rebellions
100 000
Normans built lots of what
Castles
Who directly built the Norman castles
Peasant workers
What were castles designed to do in Norman England
Keep a watch on communities
Look intimidating (remind people of their place in society)
Give the 4 stages of the social system of Norman England and its name
Feudal system
King
Nobles
Knights
Serfs
How do nobles help the king with law enforcement in the Norman period
Some have castles to help control the area
They supply soldiers and horses
They also give some land to knights
What do knights do? (Norman)
Fight for the nobles and king
Do serfs own land or not
No they don’t
True or false:anglo Saxons could leave work and run away from their village
False - they couldn’t do either of those things
Describe the murdrum law
If a Norman was murdered and the murderer wasn’t captured then the murdrum fine (a large sum of money) had to be paid by the hundred where the body was found
What was the murdrum fine
A large sum of money paid by the hundred to the king
What was the idea behind the murdrum laws
Stop the increase in revenge murders against Normans
And decrease the likelihood that people would cover up for the crime of a neighbour
What was the king’s new control over the forests called
The nova foresta - new forest
How many village communities were evicted from, the forests to clear area for new hunting grounds for the king
40
Why were areas of royal forests created?
For the king to use for hunting
What was lost after the forest laws
Common land
On common land, peasants had the right to ___, _____or ____
Graze animals
Take firewood
Catch rabbits/kill animals
After the forest laws, who could hunt in the royal forests
Only those who could pay for hunting rights - or the king
When was poaching defined as a crime
With the forest laws of 1072
After the forest laws, it became ___ for ____to carry hunting weapons or take a fallen branch
Illegal
Peasants
What is poaching
Illegal hunting on land that belongs to someone else
What did ordinary people see the forest laws as
Unjust and unfair
What did people seeing the forest laws as unfair lead to
Poaching becoming a social crime
What are social crimes
Actions that are against the law but which most people don’t disapprove of or work to stop
What were the people working to enforce the forest laws called?
Foresters
What did foresters do practically?
Catching poachers and anyone who was in the forest who didn’t have permission
Give examples of punishments as a result of the forest laws
Hanging, castration, blinding
Punishments for breaking the forest laws were ___
Harsh
Any man aged __and over in the anglo Saxon and Norman periods who tries to avoid trial/punishment by running away from the community was declared an ____
Outlaw
What was the name for a woman who tried to evade trial/punishment
She was Waived
If one was declared an outlaw or ‘waived’ then you lost the protection of the ____
Law
What did not having the protection of the law mean in medieval period
You could be killed without any legal consequences for the murderer
When did Robin Hood appear in literature
Late 1300s
Where is Robin Hood set
The forests of Norman England
What does Robin Hood tell us about the public view of the Normans
It tells us the public didn’t like them
As the outlaws are brave and heroic and go against the Norman law
Give an example of a gang of outlaws in England in the 1300s
The Folville gang
How many people were in the Folville gang?
50
What kind of crimes did the Folville gang commit
Kidnaps, robberies, rapes
Explain why the Norman’s made changes to crimes and punishments after the Norman conquest
You may use the forest laws and the murdrum fine 12 marks
PLAN THIS ESSAY AND WRITE IT
Give one change to the wergild from anglo Saxon to Norman England
Wergild now paid to the king and his officials instead of victims of crime and their families
Change to who the wergild was paid to in the Norman period was an example of what
The increasing centralisation of law enforcement + increasing authority of the king
What was the small change from kings peace to the kings ___from anglo Saxon to Norman England
Kings mund
What did the kings mund show
The authority of the king was extended - the law should allow people to live peacefully under the authority of the king
This shows some continuity from the king’s peace but a small change in the extent of the kings authority
In the Norman period there was an increase in the number of crimes punishable by _____ or _____
Death or mutilation
Under the forest laws, poaching became punishable by ____
Death
Give 2 examples of Corporal punishment which were an alternative to the death penalty for poaching in the Norman period in some cases
Branding or chopping off a body part
Give the 2 main changes from anglo Saxon to Norman systems of cp
Fines paid to king not victims of crime
Poaching is a new crime
What was the punishment for slander in the medieval period
Tongue cut out
Give 3 crimes punishable by death in the Norman period
Poaching in the nova foresta, murder, rebellion
What new form of trial by ordeal did the Normans introduce
Trial by combat
When was trial by combat used
To settle dispute over larger sums of money or land
Who used trial by combat
Wealthier people - it was seen as a more dignified option than other trials
What happened in trial by ordeal
People fought using swords or large sticks - they fought to the death or one gave in
Anyone who gave in was put to death
What two methods of community law enforcement continued into the Norman period
Tithings and hue and cry
In the Norman period most people still lived in ____ ____
Small villages
What was the change of social structures anglo Saxon to Norman England
King, nobles, freemen, serfs to
Fuedal system
King, nobles, knights, serfs
Henry II created a more ____ legal system
Centralised
When did Henry II become king
1154
When did Henry II reorganise the courts
1166
When did Henry II set up prisons for those accused and waiting for trial
1166
What was the Assize of Clarendon
1166 - Henry II reorganised the courts and set up prisons for those awaiting trial
What were royal judges also known as
Justices in Eyre
What did Henry II order royal judges to do
Visit each county twice a year to hear the most serious criminal cases
What did Henry’s orders to the Justices of the Eyre to visit counties twice a year to hear most serious crimes do for the role of the king in legal matters and the extent to which the court system was centralised
It increased the role of the king in legal matters
The court system became more centralised
What did Henry II do to standardise the actions of local sheriffs
He issued written instructions to local sheriffs - making the whole cp system more uniform across the country
What was the population of London in the 1200s and 1300s
30 000
The growth of ___ in the 1300s-1400s led to more opportunities for ___
Towns
Crime
Due to urbanisation, there was a shift away from ____ dealing with crimes in their area towards a more ___system where crime was dealt with by ____ ____
Local communities
Centralised
Government officials
Local officials known as ____ in teh Saxon period became known as ___ in the later Middle Ages
Tythingmen - constables
Manor courts had been used since anglo Saxon times true or false
True
Anglo Saxon methods of law enforcement and punishment were continued at a ___- level for less ___- crimes
Local - serious
Centralisation led to increasing _____ in law enforcement across many areas
Uniformity
What did parliament mean in the 1200s
A gathering of powerful individuals who met with the king to discuss and introduce new laws
Give 2 new laws which created crimes, passed by parliament in the later Middle Ages
Statute of labourers
Heresy laws
What did the statute of labourers do
Made it a crime to ask for higher wages
What did new heresy laws do in the later medieval period
Made disagreeing with the teachings of the church a crime
What fraction of the population of England died of the plague
1/3
Why was the statute of labourers introduced
Wealthy people were worried about peasants demanding higher wages as fewer people were available to work after the Black Death
When was the statute of labourers passed as a law
1351
What did the statute of labourers specifically make illegal
Introduced a maximum wage for workers and criminalised asking for more money
Made it illegal to move to a new area to look for better paid work
How is the statute of labourers an example of continuity from the Norman to later medieval periods
Ruling classes still protecting their own interests at the expense of peasants - eg the Forest Laws
How is the statute of labourers an example of Change in the later medieval period compared to the Norman period
Role of parliament in law making was growing - the act was passed by parliament as well as the king
What did the 1401 heresy law say
Burning at the stake was a punishment for heresy
Why was burning at the stake a punishment for heresy in 1401
It symbolised purifying a corrupt soul
Acted as a deterrent to others
What did the heresy law of 1414 do
Gave justice so the peace powers to arrest suspected heretics
What does the 1414 heresy law show the collaboration between
Government officials and church authorities
How would an investigation into an accused heretic be carried out
Justices of the peace would deliver the accused to the church for trial
The church would put them on trial
If guilty they were taken back to secular authorities for the appropriate punishment
What is heresy
Holding a set of beliefs different to those of the established religion of the time
Give one change to the practice of the hue and cry in the later medieval period
Towns subdivided into new areas called wards as part of the system
Give 2 new roles which were introduced into cp in the later medieval period
Coroners
Justice of the peace
When were coroners introduced and by who
Richard I
1194
What were coroners for
To deal with suspicious deaths without obvious natural explanation
Who appointed knights to keep the kings peace in unruly areas and when
Richard I 1195
When was the role of knight for keeping law and order in unruly areas extended to all areas
1327
When did knights responsible for overseeing law and order become known as justices of the peace
1361
How many times a year did JPs meet to enforce the law and carry out magistrate duties
4
Who were justices of the peace appointed by
The king
What did the introduction of justices of the peace mark as a trend for cp
The shift to central government controlling cp
Why were JPs chosen
Based on wealth and status
JPs were particularly harsh on ____- because most were local ____
Poachers
Landowners
What new punishment was introduced for the crime of high treason
Hanged, drawn and quartered
What is high treason
Plotting to kill or betray the king
After death the limbs of the perpetrator of _____ would be displayed in different areas of the country
High treason
In the later medieval period, ___ law enforcement continues alongside increasingly ____systems for upholding the law
Community
Centralised
The clergy were the most ____ members of a community
Educated
Churches were a reminder of the power of __and hence the ___
God
King
What fraction of the country’s wealth did the church own
1/5
What fraction of all earnings were collected as part of church taxes
1/10
When were English Jews forced to convert to Christianity or face banishment
1290s
What was a special trial by ordeal for priests
Trial by consecrated bread/trial by sacrament
How cool you tell if someone was guilty from trial by consecrated bread
If a priest choked on consecrated bread he was a sinner and hence guilty
When was trial by ordeal abolished
1215
Who decided to end trial by ordeal
The pope - crucially not the king
What replaced trial by ordeal
Trial by jury
How many men made up the jury in trial by jury in the later medial period
12
What did church courts deal with and when were they set up
Moral crimes - in the Norman period
What principle did the church courts work on
Punishments should offer criminals the opportunity for reform to save their souls
They shouldn’t be solely retributive
Maiming was better than execution as it gave the opportunity for reform
Who tried to limit the power of the church and when
Henry II - late 1100s
Why was Henry II concerned about the power of the church in cp
Separate church courts undermined his authority as king and undermined the standardised cp system he wanted to create
What was the council of Clarendon
A meeting between the king and bishops about the relationship between legal systems of the church vs the king
What was the constitutions of Clarendon
A statement of the relationship between the church laws and kings laws
What was benefit of clergy
Senior church officials should only be tried in church courts
Church courts were more _____, they rarely used the ____ ___ as a sentence
Lenient
Death penalty
Give 3 lenient punishments given by church courts
Pilgrimage
Confession
Apology at mass
What psalm was the test for whether you were clergy or not
Psalm 51
What did criminals do to gain benefit of clergy
Memorise psalm 51
What did psalm 51 become known as and why
The neck verse
As it could save your neck from hanging
What could some churches offer to people accused of crimes
Sanctuary
What churches could offer sanctuary
Churches on a pilgrimage route or linked with an important religious event
If clergy agreed, the accused was allowed to swear an oath to _________-_________ within __days as part of benefit of sanctuary
Leave the country
Anyone who didn’t leave the country within ___days after getting benefit of sanctuary would become _____
An outlaw
Who decided whether benefit of sanctuary would be given
Clergy
True or false: if someone came to a church asking for benefit of sanctuary the clergy didn’t report the crime
False - they did report the crime in the usual way
When did offering benefit of sanctuary end
1536 - during the reign of Henry 8t
Explain why trial by ordeal was used 1000-1200
Use trial by hot iron, church courts - 12 marker
Write this 12 marker!!
When did Luther write his book outlining Protestantism
1517
Who started Protestantism and what counrty was he from
Martin Luther - Germany
What did Protestants believe
The Catholic Church needed reform
What was the movement towards Protestantism away from Catholicism also known as
The reformation
What were the two most important crimes in the early modern period
Heresy and treason
Heretics were committing a crime against ____ and were ____ as they could persuade others to follow their false beliefs
God
Dangerous
What was treason in the emp?
A challenge to the authority of the ruler
Why did heresy and treason become connected?
All monarchs after Henry 8th were head of the state and the Church of England
Therefore anyone who went against one aspect of the monarch’s authority (church or state) was challenging the other aspect of their authority at the same time
During what years did Henry 8th rule
1509-47
What religion was Henry 8th
Catholic
When did Henry declare himself head of the Church of England
1534
What groups were punished during Henry 8th’s reign
Protestants and Catholics
Why were Protestants executed during the reign of Henry 8th
Heresy (as Henry was Catholic)
Why were Catholics executed in Henry 8th’s reign
Treason as they wouldn’t take the oath of supremacy acknowledging Henry as the head of the Church of England
What was the name of the oath that people had to take promising loyalty to Henry 8th as head of the c of e
Oath of supremacy
What religion was Edward 6th
Protestant
During what years did Edward 6th rule
1547-53
Give 3 actions reforming the church which Edward 6th carried out when he became king
Introduced a prayer book written in English
Allowed priests to marry
Made church interiors plainer
What people were executed by Edward 6th
Some Catholic bishops - for heresy
What religion was Mary I
Catholic
During what period did Mary I rule
1553-58
Who was the husband of Mary I
The Spanish king Philip II
What did Mary I do to reform the church during her reign
Made the pope head of the c of e
How many people were executed as heretics for not being ____ during the reign of Mary I
Almost 300
Catholics
What was the punishment for heresy in the emp
Burning at the stake
How many people specifically did Mary I execute for heresy
283
How many people did Henry 8th execute for heresy
81
How many people did Edward 6th execute for heresy
2
How many people did Elizabeth execute for heresy
5
What religion was Elizabeth I
Protestant
During what period did Elizabeth I rule
1558-1603
Elizabeth I tried to find a ___ ___in religion
Middle way
When did Elizabeth I pass two acts about religion
1559
What were the two acts about the church which Elizabeth passed
Act of uniformity
Act of supremacy
What did the act of uniformity say
Everyone had to go to church on Sundays and holy days
Or they would pay a fine
What were people who didn’t go t0 church on Sundays or holy days (disobeying the act of uniformity) called
Recusants
What did the act of supremacy by Elizabeth I in 1559 do
Reintroduced the oath of supremacy
The act of supremacy made what a crime
Not taking the oath of supremacy
When did the pope excommunicate Elizabeth
1570
When was there a Catholic rebellion in the north of England during Elizabeth I’s reign
1569
What religion was James I
Protestant
Between what years was James I king
1603-25
What event changed James I’s attitude to Catholics and when was it
The gunpower plot 1605
Give an example of an anti Catholic law from James I
1605 popish recusants act forces Catholics to swear loyalty to the king and pay heavy fines for not attending church
What did the 1605 popish recusants act say
Forced Catholics to swear loyalty to the king and
Pay heavy fines for not attending church
What does excommunicate mean
Eject from the Catholic Church
What was another option for you instead of being burned at the stake if you were accused of heresy
You could recant and carry out a public ceremony
Carry wooden sticks to the place they would have been burnt
These sticks were burnt symbolically
What does recant mean
Making a public statement that you have changed your religious beliefs
What was Mary I also known as
Bloody Mary
What book described Mary I as Bloody Mary and who was it written by and when
The book of martyrs John fox 1563
What was one reason Mary I’s attitude to heresy so harsh
She was influenced by her Spanish husbands harsh treatment of Protestants (such as in the Spanish Inquisition which punished Protestants with torture)