1.3 Crime, punishment and law enforcement in the later Middle Ages

When did Henry II become king?

1154

Explain the impact of Henry II

-In 1166, he reorganised the courts and set up prisons for those who were accused and waiting for trial - these changes were knows as the Assize of Clarendon
-He ordered Justices in Eyre (royal judges) to visit each county twice a year to hear the most serious criminal cases
-standard written instructions were issued to local sheriffs

What effect did introducing the Justice of Eyre and instructions for sheriffs have?

It increased the role of the king in legal matters and meant stronger centralised control over the court system.
-the whole system was becoming more uniform across the country

Explain a change in crime in the later Middle Ages

-in the 13th and 14th centuries, the growth of towns, like London and York mean there were many more opportunities from crime than in small village communities

Explain a change in law enforcement in the later Middle Ages?

-A more centralised approach was now needed to control crime, and the role of the government began to increase
-there was a shift away from local communities dealing with crimes in their area towards a system where crime was dealt with by government-appointed officials- meaning similar law enforcement was used across different areas

Explain a continuity in law enforcement in the later Middle Ages?

-Townspeople were still expected to play their part in apprehending offenders, and towns were divided into areas called wards
-for less serious crimes elements of old Anglo-Saxon practices continued at a local level - manor courts were used to deal with disputed between the lord of the manor and local people
-tythingsmen in Anglo-Saxon period now known as constables

What two new crimes with new laws passed did the Parliament create in the later Middle Ages?

-The Statute of Labourers made it a crime to ask for higher wages
-New heresy law made disagreeing with the teachings of the Church a crime

Explain the background of the Statute of Labourers?

In 1348 the black death hit England
-About a third of the population died of plague
-With far fewer workers available in the wake of the black death, peasants could demand higher wages for their work
-the ruling classes were worried about peasants becoming wealthier and more powerful, and did not want to pay higher wages, so they used a new law to protect their interests

When was the Statute of Labourers passed and what did it do?

In 1351
-It introduced a maximum wage for workers and made it a crime to ask for more
-it also made it illegal to move to a new area to look for better-paid work

Explain how the Statute of Labourers is a continuity

-In the Norman period the ruling class also introduced laws to protect their own interests at the expense of the peasants e.g forest laws

Explain how the Statute of Labourers is a change

Under the Normans, new laws were introduced by the King
-However by the later medieval period the role of parliament in law-making was growing

Explain the background behind the crime of heresy

In the 13th and 14th centuries, a small number of people questioned the practices and beliefs of the Christian church
-they disagreed with the sacrament of bread and wine, and translated the Bible into English so that ordinary people could understand it
-the clergy felt undermined and threatened by new ideas, and medieval kings were keen to support the Church against reformers

When were laws against heresy introduced and what did they do?

-1382, 1401 and 1414
-people who committed heresy were known as heretics

What did the heresy laws of 1401 introduce?

Burning at the stake
-This was intended to symbolise purifying a corrupt soul and to act as a powerful deterrent towards others

What did the heresy laws of 1414 introduce?

It gave the Justices of Peace powers to arrest suspected heretics and take to the Church courts for trial if found guilty they were taken to non-religious authorities for punishment
-this shows government officials and the Church authorities working together

Explain a change in law enforcement in the late Middle Ages ?

-Two new official roles were introduced: the coroner and the Justice of Peace, they were selected on the basis of their status and wealth
-rather than being assigned their role by their local communities, these men were appointed by the central authority of the king
-by the end of the Middle Ages they played an important part in local government and law enforcement

When and why were coroners introduced?

In 1194, King Richard I introduced coroners to deal with situations where there was a suspicious death

When and why were keepers of the 'king's peace' introduced?

In 1195, Richard I appointed some knights as keepers of the king's peace in areas that were seen as unruly and where it was difficult for the community alone to maintain law and order

When and who were the Justices of Peace?

In 1327 men judged to be 'good and lawful' were appointed to the role. By 1361 they were known as JPs and met four times a year to carry out magistrate duties and enforce the law

Explain a continuity in punishment in the late Middle Ages

-punishments continued to rely on a mixture of fines, corporal punishment and execution

Explain a change in punishment in the late Middle Ages

-a new punishment was introduced for the most serious crime of high treason
-a person convicted of high treason would be sentenced to be 'hanged, drawn and quartered'
-he would be semi-strangled, intestines drawn out and after his death his limbs would be severed and transported to different areas of the country for display
-acted as a terrifying deterrent