history- crime and punishment- normans, anglo saxons, medieval 1000-1500

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62 Terms

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crime against person definition

crimes that inflict harm upon a person- murder, rape, harassment, DV etc

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crime against property definition

crimes of theft, no threat of force or violence- burglary, arson etc

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crime against authority definition

crimes that threaten/oppose government/leaders- treason, espionage

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medieval england / Middle Ages

1250-1500

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renaissance England / early modern

1500-1700

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rate of change

the speed at which change happens

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crimes against person- anglo Saxon

  • murder

  • assault

  • insulting a neighbour

  • public disorder

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crimes against property- anglo Saxon England

  • petty theft

  • ploughing someone else’s land

  • poaching

  • counterfeiting coins

  • arson

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crimes against authority- anglo Saxon England

  • betraying your lord

  • treason

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poaching- anglo saxon

a social crime, many villages did not punish perpetrators

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tithing

every male villager over the age of 12 form a group to prevent crime

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hundred

ten tithings, each English shire divided into

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hue and cry

victim of crime/ witness of crime shouts out- all who hear help to apprehend the criminal. all those who do not join expected to pay a fine

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collective responsibility

if an individual commits a crime, it lets down the entire community

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trial by local jury- anglo Saxon

jury from local tithing who know both the accuser and accused, listen to both sides, come to a verdict to decide who is telling the truth

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trial by ordeal- anglo Saxon

used if local jury cannot decide the outcome of crime- often took place in church- priest always present

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trial by hot iron

  • accused holds burning hot weight in hand

  • hand is then bandaged, wait 3 days

  • hand healed= God has judged accused as innocent

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trial by hot water

  • accused puts hand into boiling water

  • hand then bandaged, wait 3 days

  • hand healed= God has judged accused as innocent

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trial by blessed bread

  • accused eats bread

  • bread eaten without choking= God judges accused as innocent

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trial by cold water

  • accused tied to rope and lowered into water

  • accused floats= blessed water has rejected them= God judges accused as guilty

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punishment for treason- anglo Saxon

capital punishment- hanging

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punishment for repeat petty theft- anglo Saxon

corporal punishment- mutilation, hand cut off

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humiliation as punishment- anglo Saxon

stocks and pillory, public humiliation

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blood feuds- anglo Saxon

victim/victims family has right to kill the person accused of a serious crime- led to long-lasting feuds and violence

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wergild- anglo saxon

fine paid instead of blood to victim- fine depending on social status of the victim

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battle of Hastings

1066- William of normandy, the Norman conquest

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murdrum- norman

if a Norman killed- people of that region had to pay a collective murdrum fine

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forest laws- Norman

poaching punishable by death, cutting down of trees forbidden, activities previously allowed in anglo Saxon england made illegal- to protect hunting grounds for normans

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ā€œWomen’s authority nil. Let her in all things be subject to the rule of men.ā€

norman legal text defining the harsher laws on women

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William I approach to crime

  • establish royal authority

  • centralise approaches to crime and punishment

  • increase wealth of crown

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collective responsibility continued in norman england

  • tithings

  • hue and cry

  • trial by ordeal

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role of sheriff and posse- norman

report any law breaking in parish to the king

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feudal system

a way to organise society into different groups based on their roles- king at top, peasants at bottom. norman established.

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manor courts- normans

discuss and punish crimes that took place on the land of the lord of the manor

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reasons for trial by combat-normans

settle disagreements over money or land

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trial by combat- normans

accuser and accused fight until one is killed/unable to fight- loser then hanged as god has deemed them guilty

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church courts-norman

used if a member of the church was accused of a crime- typically much more lenient than a normal court. no use of capital punishment

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posse- norman

group of men over 21 organised by sheriff to catch a criminal

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royal court 1163- norman

introduced by Henry II- appointed by king, court would travel the country to hear the most serious cases

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coroner 1194- norman

introduced by Richard I- investigate any death caused by unnatural causes. coroners appointed by king

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justices of the peace 1195- norman

appointed by Richard I- knights to maintain law and order, known as keepers

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justices of the peace 1327-norman

Edward III develops keepers into JOPs- meet 4x a year, attend manor courts, enforce the law, appointed by king

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parish constable 1285-norman

introduced by Edward I- men in parish would volunteer. keep peace in parish during spare time

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constitution of Clarendon 1164-norman

passed by Henry II- attempt to curb the power of church courts and papal authority in england

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punishments kept in norman england (continuity)

  • increased use of capital punishment for serious crimes and reoffenders

  • corporal punishment

  • fines for less serious crimes

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punishments changed in norman england (development)

  • murdrum fine introduced

  • end of wergild- fines paid to monarch instead

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pope bans trial by ordeal

1215- ends in 1219 in england

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peasants revolt

1381

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Magna Carta signed

1215- king and government not above the law

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the neck verse

used in benefit of the clergy- psalm 51 used to prove accused is actually a member of clergy, but many memorised it easily. ā€˜save your neck’

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punishments used by church courts

  • enforced pilgrimage

  • confession

  • apology at mass

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end of the benefit of the clergy

1827

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domesday book 1086- norman

record of tax, property, jobs etc ordered by William I

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prisons introduced- norman

Henry II- 1166

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statute of labourers 1351- norman

introduced by Edward III- illegal to demand wage increase

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punishment for high treason- late medieval

hung, drawn, quartered

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examples of medieval punishments

  • stocks and pillory

  • beatings

  • maiming

  • death by hanging (commoners)

  • death by beheading (nobles)

  • fines

  • prisons

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sanctuary- norman

  • only available in important churches

  • once inside church, criminal under church protection- cannot be captured by sheriff

  • 40 days- leave country or attend trial

  • not left after 40 days= outlaw

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date of the end of sanctuary

1536- Henry VIII

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moral crimes in norman england

  • failure to attend church

  • drunkenness

  • playing games on a sunday

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church during medieval times

Roman Catholic Church

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crimes against authority-norman

  • treason

  • rebellion