history - crime and punishment - c1000-c1500 medieval england

how did the power of the kings increases in Norman England : rebellions + Norman response

• resistance from Anglo Saxons , William employed brutal measure

• He could order extreme punishments for rebellion + punish large groups who weren’t directly involved e.g destroyed farmlands and killed animals

how did the power of the kings increases in Norman England : Norman castles

• built all over England

• Norman lords lived there and controlled local people under Norman law

• Castles designed to look intimidating + keep watch of local people

• Show increasing royal authority over law

how did the power of the kings increases in Norman England : Feudal system

• everyone owed money/ service to those above them except from king as he was at top

• Norman nobles replaces Anglo Saxon nobles

• Anglo Saxon serfs were bound to work for their laws and could not leave without permission

how did the power of the kings increases in Norman England : Outlaws and the forests

• men over 14 who ran away from punishment were called outlaws, women called waived

• They lost protection from law so could be killed with no legal consequences

• Strong connections to forest, e.g Robin Hood who first appeared written in late 14th century

• Many real outlaw gangs lived in forests and commited crimes

how did the power of the kings increases in Norman England : Forest laws

• meant that previous common land was now owned by king , became illegal for peasants to be on it / use it

• Introduced crime of poaching

• Led to bitterness as took away fundamental freedoms, created ‘social law’ as people though it was ok to break

• Had very severe punishment of both cpatital and corporal

how did the power of the kings increases in Norman England : Murdrum

• if a Norman was murderd by Anglo Saxons and the killer was not found then the community had to pay a fine to the king

• Suppose to stop an increase in revenge murders after Anglo Saxon invasion

• Helped protect the authority

Crimes against the person : Anglo Saxon v Norman v later Middle Ages?

• Anglo Saxon

  • murder

  • Assault

  • Public disorder

• Norman

  • murder

  • Assault

  • Public disorder

  • Slander (false statement about someone in public )

• later Middle Ages

  • murder

  • Assault

  • Public disorder

  • Slander

Crimes against property: Anglo Saxon v Norman v later Middle Ages

• Anglo Saxon

  • theft

  • Counterfeiting coins

  • Arson

• Norma

  • theft

  • Arson

• later Middle Ages

  • theft

  • Arson

Crimes against authority: Anglo Saxon v Norman v crimes against authority

• Anglo Saxon

  • treason

  • Betraying your lord

• Norman

  • treason

  • Poaching on kings land

  • Leaving home (surfs couldn’t leave village without lords permission )

• later Middle Ages

  • heresy

  • Stautete of labourers

  • Treason

  • Poaching

When was the Statut of Labourers passed?

• 1351

What was the statute of labourers?

• Set maximum wage for workers

• Crime to ask for more money

• Crime to move areas in order to look for better paid work

• Result of the Black Death in 1348

Heresy laws?

• Passed due to an increase in so called heretics and people who wanted the church to be reformed, clergy felt undermined and threatened

• Heretics were punished by sever punishment such as burning at the stake

• In 1414 Justices of the Peace were given the power to arrest suspected heretics and expected to take them to church courts for trial

When were the laws against heresy passed?

• 1382

• 1401

• 1414

How was the tithing used as law enforcement?

• group of 10 people and everyone was a member

• If one member broke the law the others had to take responsibility for getting them accused in court

• If they failed they would all face punishment

How was the hue and cry used as law enforcement?

• anyone who was wronged could call upon everyone else in community to chase criminal simply by calling on them

• If the community didn’t respond thye were in the wrong

How was the posse comitatus used as law enforcement?

• brought in by the Norman’s

• Could be raised by kings county official, sherif to chase a criminal

• Anyone called to join had to

• It worked when everyone lived in small stable communities

How was the trail by oath used to determine guilt / innocence?

• shire courts - sherif or local clergy would judge people on being guilty or not

• Accused would swear an oath of guilt it innocence

• Members of community would swear oaths about accused honesty

• If this could not determine guilt - trail by ordeal would be used

How was the trail by ordeal used to determine guilt / innocence?

• conducted by church - idea that gods would help you if you were innocent

• Law enforcement not punishment

• Trial by fire - accused hold hot iron , if your hand was healing after 3 days you were innocent

• Trial by water - bound and put into holy body of water , if you sunk your were innocent

How was the trail by combat used to determine guilt / innocence?

• Norman idea

• Accused and accuser would fight , if you lost you were guilty

How did law enforcement change from c1000-c1500 (Anglo Saxon , Norman, later Middle Ages / medieval)

• Anglo Saxon

  • tithings

  • Hue and cry

  • Trial by oath

  • Trial by ordeal

• Norman

  • tithings

  • Hue and cry

  • Posse comitatus

  • Trial by oath

  • Trial by ordeal

  • Trial by combat

• later Middle Ages:

  • manor courts

  • Hue and cry

  • Coroner

  • Justice of the peace

  • Trial by oath

  • Trial by combat

  • Posse comitatus

  • Constables

  • Justices in Eyre

Assize of Clarendon ?

• 1166 passed by King Henry II

• Reorganised courts and set up prison for those who were accused and waiting for trial

Justices in Eyre

• ordered by king Henry II

• Royal judges

• Visited each country 2 times a year to hear most serious criminal cases

• Standard written instructions given to local sheriffs

How did King Henry II changed C + P?

• increased power of governments and king in enforcing c + p

• Slightly less of a role played by local community in C +P

What changed in law enforcement in later Middle Ages?

• more centralised approach - crime dealt with by government officials , similar approaches all across country

• Towns divided into wards

• In 1194 King Richard introduced coroners to deal with suspicious deaths

• 1195 Richard brought in knights to protect the kings peace

• In 1327 king Edward III brought them into all areas and by 1361 they were called justices of the peace , appointed by the king and imposed central government power base

• Tithingmen became constables

Justices of the peace in later medieval?

• selected based on wealth and status played an important role in local government + law enforcement

• Met 4 times a year to carry out magistrate duties + order

What stayed the same in law enforcement during later medieval England

• townspeople still expected to play their role in apprehending offernders , towns divided into wards for that purpose

• Less serious crimes till dealt with by Anglo saxon methods such as manor courts for disputes between lord of the manor and tenants

• System of hue and cry still in place

Punishment in Anglo Saxon England

• wergild - fine paid to murder victims family by murdere amount depends on status of victim, retribution

• Capitol punishment - treason + arson, killed by hanging , deterrent + retribution

• Corporal punishment - for lesser crimes punished by mutilation e.g. eye gouging , losing hand and feet detterant and retribution

• Stocks and pillory - used pain and humiliation , pillory = secured neck and arms, stocks = tied ankles, placed in town centre for everyone to see - detterant

Punishment in the Norman

• continuity - kings Mund (kings peace ) ideas that the king should provide peace for all in country

• Change - wergild scrapped , fine now goes to king, shows increasing power of crown over C + P

• Change - murdrum - new collective fine for when a Norman is killed everyone in the hundred pays a fine, show power of normals , discourage rebellion

• Increase in harsh punishment - capitol and corporal - due to rebellion and kings increasing power

Punishment in later Middle Ages ?

• change - for high treason punished with hanged, drawn and quartered

• Limbs severed and transported to different areas of the country

• Act as detterant

How did punishment change from c1000 - c1500 (Anglo Saxon , Norman , later Middle Ages)

• Anglo Saxon

  • fines (wergild)

  • Property confiscated

  • Physical punishment

  • Maiming

  • Execution by hanging or burning

Norman

- fines (murdrum)

- Stocks

- Pillories

- Physical punishment

- Mining

- Increase of the execution usually by hanging

• later Middle Ages

  • fines

  • Stocks

  • Pillories

  • Physical punishment

  • Maiming

  • Execution usually by hanging

  • Hanging drawing and quartered introduced

What was sanctuary?

• criminals could go to the clergy and ask for help, the clergy then reported the crime and the accused person was given a chance to swear an oath to leave the country in 40 days instead of going to trial

• Anyone who didn’t leave in 40 days would be outlawed

• Continued through the medieval period only stopped under king Henry VIII

What were church courts?

• In the 11th century William I encouraged the church to set up their own courts for moral crimes

• Worked on idea that criminals should have an opportunity to reform and save their souls

• Church believed punishment by retribution was wrong so used more lenient punishment like ‘maiming’ rather than execution as this didn’t give the criminal a chance to think about their actions or seek forgiveness

• Mostly only for the clergy

What was benefit of the clergy?

• king henry II believed the clergy should not have benefit of the church courts

• Only clergy could be tried in church courts

• They rarely used the death penalty and punishment was much less severe

• Anyone could claim to be part of the clergy so they asked them to read Psalm 51 in the bible to profit it as it was mostly only the clergy who could read

• However criminals just memorised the Psalm 51 and then would recite it so it was quite open to abuse from criminals looking for lighter punishment

When did trial by oath end?

• in 1215

• The pope and church decided to stop it and it was replaced by trial by jury