Medieveal England, c1000-c1500

Name some common medieval crimes.

Most crime was petty theft - stealing of money, food and belongings.

Violent crimes against people a small minority.

Crimes regarded most serious were ones that were a direct threat to the kIng’s authority such as rebellion, protests etc.

Name common methods used to enforce the law in the medieval period.

Law enforcement was based around the local community.

The hue and cry: when victims or witnesses of a crime called on their fellow villagers to help catch a criminal.

Tithings - all adult men were in groups of ten, if one broke the law, the others had to bring him to justice.

As time went on parish constables, coroners and sheriffs were also used.

What courts and trials were used in the medieval period?

Trial by jury was used to decide a person’s guilt or innocence.

If the jury couldn’t agree, they called on God to decide via trial by ordeal.

What were common methods of punishments in the medieval period?

Compensation paid to the victims or their families called wergild.

By 1100, punishments were about retribution and detterance, with an increase of corporal punishment being used.

Prisons not used - only for people locked up and awaiting trial.

What was the role of the king in medieval society?

Was chosen by God and in charge of everything. Role to defend and protect country.

Divine right of kings - nobody was able to question him as he was chosen by God.

What was the role of nobles in medieval society?

The kings main supporters/advisers. Very wealthy. They give the king his armies and resources and in return they get access to land and money. Expected to keep law and order.

What was the role of the church in medieval society?

Religion was everything, highly influential and it was illegal not to go to church. There was a priest in every village. Offered sanctuary to criminals who took refuge there.

What were common Anglo-Saxon punishments?

Blood feud

Corporal punishments

Stocks

Wergild

What is wergild?

The money you paid to a victim or the victims family for committing a crime. The price of the fine depended on an unequal system. For example, the wergild for killing a noble was 300 shilllings but the wergild for killing a freeman was 100 shillings.

What was a blood feud - a common Anglo-Saxon punishment? What was the problem with this?

The early Saxon right of a murder victim’s family to track down and kill the murderer in revenge.

The families could legally keep killing each other in revenge.

What effect did the concept of hell have on Anglo-Saxons?

As people were so religious, it acted as a detterence from comitting crimes as they believed they would go to hell.

If you were swearing an oath in court, they were believed as nobody would gamble with their afterlife.

Name three types of trial by ordeal.

Cold water, hot iron, boiling water.

What’s compurgation?

Where, in court, the accused swears an oath theat they are innocent, or may bring people who will swear their innocence for them.

Describe corporal punishment.

Mutilation, for example cutting a hand or ear, or ‘puttingout’ eyes as a punishment.

Intended to detter the offender from reoffending.

What were William of Normandy’s Forest laws?

He made previously legal activities into serious offfences.

Trees could no longer be cut down for fuel or for building and people in forests were forbidden to own dogs or bows and arrows.

Anyone caught hunting deer was punished by having their first two fingers cut off. Repeat offenders were blinded.

Why did normans build castles?

To help control the land - there were way more Anglo-Saxons than Normans.

What were murdrum fines?

A law William of Normandy made that if a Norman was murdered, all the people of that region had to pay a high fine.

What is a social crime? Give an example of this from the medieval period.

An illegal activity that many people do not regard as a crime, so were often willing to turn a blind eye to it.

Many people broke Forest laws and took part in hunting or collecting fire wood from the kings forest as they regarded the laws as unfair.

How did court procedures change under the Normans?

Norman-French became the official language used in court procedures and almost all court records were kept in Latin.

Most English people understood neither.

How did equality laws change under Normans?

Anglo-Saxon laws gave women almost equal rights to men. Norman laws were harsher.

A Norman legal text said ‘WOmen’s authority nil. Let her in all things be subject to the rule of men.’

How did the Normans alter wergild?

They used fines for lesser crimes, however William changed it so fines were no longer paid to the victim or their family and were paid to kings officials.

What court did Normans introduce?

Church courts. They were used for churchmen and tended to be more lenient. They never sentenced anyone to death, no matter the seriousness of the crime.

They also dealt with a range of moral offences including failure to attend church or playing football on a Sunday.

Around 1066 how many Normans were in England compared to English people?

7000 Normans and 2 million English people.

What trial did Normans introdude?

Trial by battle. Used for serious crimes, where the accused and accuser fight in front of a large group of people. The person who died is guilty.

What did Richard I introduce in september 1194? What was their role?

Coroners. Investigates violent and suspicious deaths, talks to witnesses etc. All unnatural deaths had to be reported to them.

What did the assize of Clarendon in 1164 say?

Established procedures of criminal justice, courts and prisons for those awaiting trial.

It was enacted by Henry II.

What was Justices of the Eyre (1176)?

Were royal judges in medieval England who travelled around the country twice a year to hear cases.

Their main job was to deal with legal matters and ensure justice in the counties, often focusing on crimes and disputes that hadn't been resolved locally. 

What was different about royal judges in 1293?

They travelled the country 3 times a year instead of 2.

What was the role of the sheriff?

They were informed by the coroner if a violent crime took place. If the hue and cry failed, the sheriff would organize a posse to try and track down and capture the offender.

What was the role of the parish constables? When and who were they introduced by?

They were introduced by Edward I in 1285.

They had to keep the peace and keep an eye out for crimes. They would lead the hue and cry if a crime took place. Voluntary and unpaid position.

What was the role of Justices of the peace (1327)?

Local magistrates who were appointed to keep peace and hear minor legal cases,

1361: every county was required to have them

What was the ‘neck verse’? How could this be exploited?

The verse of the Bible that the accused had to read to prove they had the right to be tried in church courts.

Could be exploited by anyone who could memories it - church courts more lenient.

What was sanctuary?

If a criminal escaped hue and cry and reached a church, they were under the protection of the church. The criminal had 40 days to decide either to face trial or leave the country.

If they chose to leave, they had to make their way, barefoot, to the nearest port carrying a wooden cross and board the first ship heading abroad.

Why were church courts abolished?

Henry II believed they were being too lenient