The Medieval Period

When was Anglo Saxon England?

Before 1066

When was Norman England?

1066-1100

When was Later Medieval England?

1100-1500

What was the role of the king in medieval society?

Believed to be chosen by God

Were in charge of everything and defending the country from attack and ensuring his subjects were protected by the law

What was the role of the nobles in medieval society?

Advise and support the king

They had conrol of men and resources and allowed the king to access them in return for land and money

Ensured law and order on their land

What was the role of the church in medieval society?

Religion was a very important aspect of life, nearly everyone believed in heaven and hell, this influenced all their actions in their life as preparation for the afterlife. Therefore had a huge impact. Church and priest in every village, everyone was expected to attend Church offered sanctuary which could bring it into conflict with nobles and kings who wanted to enforce justice on everyone

What was the role of the peasants in medieval society?

Large majority of the population, most were farmers Would work on the land of a lord and the remaining time would be spent on their own land to feed their family Lived in close knit communities and were expected to make sure that the village was a lawful place as there was no police force

What was a tithing?

A group of 10 over the age of 12 who were responsible for each others’ behaviour-if one of them broke the law, the other members had to bring him to court or pay a fine. Every man over 12 was expected to join a tithing

What was the hue and cry?

If a crime was committed the victim or witness was expected to raise the hue and cry, the whole village was expected to join the chase to catch the criminal. If a person didn’t join the whole village would have to pay a fine

What was trial by local jury?

The jury was made up of men from the village that knew the accused and the accused. The accuser and accused would give their version of events and it was up to the jury to decide who was telling the truth. If there was no clear evidence e.g a witness, to the crime the jury decided guilt or innocence based on their knowledge of the accuser and accused. If the jury felt that the accuser was more honest than accused, they would swear an oath that the accused was guilty - the oath taking was called compurgation

When was trial by ordeal used?

When the local jury couldn’t decide guilt or innocence

What was the preparation and conditions for trial by ordeal?

• All ordeals except cold water took place inside a church

• Accused had to fast for 3 days then hear mass as preparation

• Priest was always present as it was believed God would decide guilt or innocence

What was trial by hot iron?

• Usually taken by women

• Accused picked up a red hot weight and walked three paces with it

• Hand was bandaged and unwrapped three days later

• Accused was innocent if the wound was healing cleanly or guilty if it was festering

What was trial by hot water?

• Usually taken by men

• Accuses put his hand in boiling water to pick up object

• Hand or arm bandaged and unwrapped three days later

• Accused was innocent if the wound was healing cleanly but guilty if it was festering

What was trial by cold water?

• Usually taken by men

• Accused tied with rope above the waist and lowered into water on end of rope

• If accused sank below God's ‘pure water’ then he was judged innocent. If they floated they were ‘rejected’ by the water and was guilty

What was trial by blessed bread?

• Taken by priests

• A priest prayed that the accused would choke on bread if they lied

• Accused ate bread and guilty if they choked

What was the wergild?

Compensation paid to the victims of the crime or their families.

• Wergild for killing noble 300 shillings

• For freeman 100 shillings

• For peasant lower and Welshmen even lower

  Used to settle cases of physical injury

• Loss of eye 50 shillings

• Broken arm 6 shillings

What was corporal punishment?

Involved physical injury including mutilation such as cutting off a hand, ear or nose or removing the eyes. This was intended to deter them from future offences

What was capital punishment?

Some serious crimes carried the death penalty including treason against the king or betraying your lord. Was intended to determine others and shoe people the importance of loyalty to the king who Saxons believed was chosen by God

When were prisons used?

Rarely because they were expensive to build and run so prisons only used for holding serious criminals before trial so they couldn’t escape

What was the murdrum fine?

Norman law that made the whole community pay a heavy fine if a Norman was killed

Why was the murdrum fine introduced?

Norman’s built many castles to help control the land. Sometimes Anglo saxon homes were destroyed to make room. This caused a lot of anger and some saxons fought back and some Normans were killed leading to the creation of the law

What stayed the same during the Norman’s rule?

• The majority of Anglo saxon laws were kept. The tradional laws of previous Anglo saxon kings remained

• Kept hue and cry and tithings as local community effective at policing themselves

What were the forest laws?

This made previously legal activities I to serious offences: trees could no longer be cut down for fuel or building and people in forests were forbidden to own dogs or bows and arrows. Anyone caught hunting deer we punished by having their first two fingers chopped off. Repeat offenders blinded

What was trial by combat?

An added trial by ordeal. The accuser fought accused until one was killed or couldn't fight on. Loser hanged as God had judged him to be guilty

What did Normans use capital punishment for?

Serious crimes and re offenders

What became the language used in court?

Norman-French for court procedures

All records in Latin

What did William the conqueror use fines for?

Lesser crimes and Normans ended wergild. Fines were no longer paid to victim or their family but to King's officials

What happened to laws for women in Norman times?

Anglo saxons gave women almost equal rights in law with men. Norman law was much harsher

What is a social crime and what is an example of one?

An illegal act that many people do not regard as a crime

Forest laws - the local community was willing to turn a blind eye to people hunting or collecting fire wood as they viewed the law as unfair

What courts were introduced by the Normans?

Church courts - the church claimed the right to try any churchman accused of a crime in its own courts. This would be presided over by the local Bishop. Church courts never sentenced people to death. Church courts also felt with moral offences such as failure to attend church, drunkeness and adultery

What was benefit of the clergy?

This was when an accused person claimed the right to be tried in a church court. It was only intended for priests, however anyone who was loosely connected to the church such as church doorkeepers and gravediggers used it. To get around this problem, the church required them to read a verse from the bible to separate the priests who could read from the churchmen who usually couldn’t. However, others could learn the verse

What was sanctuary?

If someone was on the run from the law, they could reach a church and claim sanctuary. Once they reached sanctuary they were under the church’s protection and no one could remove them. The criminal then had 40 days to decide to face trial or leave the country. Those who chose to leave the country had to make their way barefoot and carrying a wooden cross, to nearest port and board the first ship heading abroad

When was trial by ordeal abolished?

1215 by Pope Innocent III

What was the person in charge of law and order in each area unit?

England - the king - Royal courts (where really serious crimes were tried)

Shire/county - shire reeve, normally a noble (later shortened to sheriff) - shire courts

Hundreds (named as its where originally 100 families lived) - hundredsmen, usually a wealthy farmer. Under Edward II, these were called chief constables and two were appointed - hundreds courts

Tithings - tythingsmen, a responsible villager. Edward II renamed this role ‘parish constable’ - Manor courts (run by local lord)

What were felonies and what was the punishment?

In 1275 Edward I issued laws that redefined what was meant as a felony such as murder, treason, rape, burglary, theft for anything over 12d

For most capital punishment usually hanging. Before 1350 communities could chose own death penalty, e.g Kent - buried alive, Portsmouth - burning, some coastal areas - pushed off cliff into sea

What was the Statue of Labourers?

A law passed in 1351, it led to the crime of asking for higher wages. This made sure that peasants didn’t become more wealthy or powerful so protected the interests of the ruling class

What were the heresy laws and what was the punishment?

Introduced in 1382, 1401 and 1414 - made disagreeing with the teachings of the church a crime

Burning after 1401 laws

When was parliament introduced?

Late 1200s by Edward I - was a collection of rich and powerful lords who could have a say in the law

What was the punishment for high treason?

Hanging, drawing and quartering

What was petty treason?

When someone plotted or went against anyone that was in authority over you. Could be landowner or lord, but also a wife questioning her husband

What was scolding and how was it punished?

After the black death in the 1300s some manor courts introduced scolding. Usually applied to women who didn’t respect her husband's authority

Humiliation- people put in the stocks and pillories or on cucking stool

What changes did Henry II make to policing?

Standard written instructions were issued to local sheriffs. This meant that the whole system was becoming more uniform across the country which meant that the king had more power over law as the king was deciding how justice would be done

Who were the monarchs that made significant changes during the middle ages?

• Henry II 1154-1189

• Richard I 1189-99

• Edward I 1272-1307

• Edward III 1327-1377

What were prisons used for under Henry II?

Those who were accused and waiting for trial, set up in 1166

What were the Assize of Clarendon?

Henry II reorganised the courts in 1166: these were known as assize of Clarendon. They were courts that convened in a town periodically

Who were Justices in Eyre?

These were royal judges who were ordered by Henry II to visit each county twice a year to hear the most serious cases. This increased the role of the king in legal matters, and meant stronger centralised control over court system

How did trials change under Henry II?

It became more evidence based. Compurgation and trial by ordeal removed

What was Henry II's opinion on the Church?

He came into conflict with the church as he disagreed with the church courts and believed they were letting criminals off lightly - this led to murder of Thomas Becket, Archbishop of Canterbury in 1170

What was the role of local communities during later Middle ages?

Involved in catching criminals for less serious crimes. Hue and cry and tithing remained, towns were divided into wards for that purpose

Manor courts that had been used in the Anglo saxons time to deal with disputes between the lord of the manor and local people continued to be used

Local officials known as tythingsmen became parish constables

What were coroner’s?

Introduced in 1194 by Richard I to deal with situations where there was a suspicious death

What were keepers of the King's peace?

In 1195 Richard I appointed some knights as keepers of the King's peace in areas seen as unruly. In 1327 Edward III extended system to all ares. Men judged as good and lawful appointed, selected on basis of their status and wealth. Voluntary role- not paid so weren’t always effective

How did the role of keepers of the King's peace change?

In 1361, known as Justices of the Peace, acted as magistrates in courts. Met four times a year to carry out magistrates duties and enforce law.

Appointed by the central authority of the king. Important shift towards a crime and punishment system imposed by a central government base. Successful system

What was the role of night watchmen?

Had to roam streets at night, keep an eye out for suspicious characters and raise the hue and cry if required, then report back to parish constable in morning. Unpopular job

How did prisons develop in the 1400s?

Used on a small scale as a punishment for certain types of criminals e.g debtors

Conditions terrible as prisoner had to pay for own food and most were poor

Prisoners had to pay their jailors so wealthy had more luxury

How did fines operate?

• If issued in hundreds court money went to King

• If moral crime through church courts money went to church

• If fined by borough courts (courts established in towns) money went to mayor

• If fined in local manor court money went to local lord

How had society changed in later middle ages?

The more centralised approach of Henry II was necessary due to growth of towns e.g London had population of 30 000 and York 10 000 which meant that there were more opportunities for crime than in smaller communities. People didn’t know each other as well so the system that relied on collective responsibility wasn't working as effectively so more centralised approach needed. As a result 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