c1000-1500 Crime And Punishment- Medieval England Flashcards

1
Q

What does the medieval period cover?

A

The end of the Anglo-Saxon era, Norman England and Later Medieval England

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2
Q

What actions have always been crimes?
(Medieval England)

A

Theft and murder

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3
Q

What makes something a crime?

A

A crime is a activity that breaks the law.

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4
Q

In the Anglo-Saxon era who made the laws?

A

People with power and wealth

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5
Q

Name 4 crimes against the person

A

•Murder
•Assult
•Public Disorder
•Rape

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6
Q

Name 3 crimes against property

A

•Arson
•Theft
•Counterfeiting coins

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7
Q

Name 2 Crimes against authority

A

•Treason
•Rebellion

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8
Q

By 1000, Anglo Saxon kings were issuing codes of law that made certain actions crimes, what did this mean?

A

Laws were becoming more unified across the country

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9
Q

After 1066 the importance of the king making laws decreased/increased as his authority increased

A

Increased*

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10
Q

William I added new laws that created new crimes, illustrating that a powerful king can lead to ______?

A

Change*

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11
Q

When did Henry II become king?

A

1154

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12
Q

What happened in 1154?

A

Standard laws were written down, there was now a uniform legal system across the whole country

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13
Q

Other than the king, what other huge authority was there in defining criminal activity?

A

The Church

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14
Q

Whats poaching?

A

Hunting wild animals on other peoples land without paying hunting rights.

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15
Q

What form of theft increased dramatically after the forest laws?

A

Poaching, peasants used what used to be “common land” to catch animals for food

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16
Q

Was poaching a social crime? If so why? If not why not?

A

Yes it was a social crime because it was considered acceptable for many people and helped people survive

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17
Q

What did reducing the amount of common land mean?

A

People had to now choose weather to break the law or go hungry

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18
Q

When was the Norman conquest?

A

1066

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19
Q

What are some of the ‘new’ crimes King William I added to the Anglo -Saxon ones?

A

Rebellion, Forest laws and the murdrum fine

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20
Q

How much of England was royal forest?

A

30%

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21
Q

Who could use the royal forest?

A

William I and the nobles (For hunting)

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22
Q

Who was evicted from the land (royal forests)?

A

Village communities and farms, this caused resentment

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23
Q

How did William I protect the royal forests?

A

With the New forest laws

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24
Q

Only those who payed ________ were allowed to hunt in the royal forests

A

Hunting rights*

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25
Q

What became illegal to do in the royal forests?

A

Graze animals, kill wild animals and take wood (without a license)

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26
Q

Were people who broke the forest laws seen as criminals in the local community?

A

No, because the forest laws seemed unfair

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27
Q

Key Term: Hundred

A

Area of land

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28
Q

Where the Norman’s welcomed?

A

No, there was a lot of resistance

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29
Q

Where were the large rebellions?

A

York and east anglia

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30
Q

Betraying your lord and rebelling against the king had been crimes in Anglo-Saxon times, but what did William I do to try and assert his authority? A

A

He punished these crimes A-LOT harsher, and ordered the death penalty for the rebels themselves

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31
Q

Did William I also punish those who were not directly involved in the rebellions?

A

Yes, estimates say 100,000 people starved to death due to the destruction of farm land and animals on Williams orders in the areas that had seen rebellions

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32
Q

What was the murdrum fine

A

If a Norman was killed and their murderer had not been found within 5 days, the hundred (all the local community) would be fined.

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33
Q

Was there a official police force in medieval times?

A

No, the community was largely responsible for preventing crime and catching criminals.

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34
Q

Where did most people in c1000 live?

A

Small Hamlets and farms

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35
Q

What were small towns called?

A

Burhs

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36
Q

I’m the tight-nit community’s did people have strong sense of duty towards their communities?

A

Yes, this was an important reason why the crime rate was fairly low and had an impact on how the law was enforced

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37
Q

Did the church play a large role in medieval law enforcement?

A

Yes it played a huge role

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38
Q

What’s a shire?

A

A Anglo-Saxon county

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39
Q

How many tithings were there in a hundred?

A

10

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40
Q

What happened if one man in a tithing was accused of a crime?

A

They all had to make sure he went to court or they would have to pay a fine.

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41
Q

What were shires split into?

A

Hundreds

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42
Q

What’s a shire reeve? (Later a Sheriff)

A

A local man appointed by the community to take criminals to court and make sure any punishment was carried out.

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43
Q

Who did the shire reeve meet regularly with?

A

One man from each tithing

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44
Q

What’s the hue and cry?

A

The victim/witness of a crime raised the hue and cry by shouting to alert others. Anyone who heard the hue and cry was expected to chase and help catch the suspected criminal

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45
Q

What did royal courts deal with?

A

The most serious crimes

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46
Q

What court delt with lesser Crimes?

A

Shire courts

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47
Q

What court delt with petty crimes

A

Hundred courts

48
Q

Were court hearings taken place in public or private?

A

Pubic

49
Q

When would someone be taken to court?

A

I’d they didn’t admit to the crime or were not caught in the act

50
Q

Was swearing oaths ‘before god’ a important part of Anglo-Saxon justice?

A

Yes, the accused could swear innocence under oath and others could support them as ‘oath helpers’

51
Q

What were you called if you helped someone swear a oath of innocence?

A

‘Oath helper’

52
Q

If there wasn’t enough evidence of the suspects guilt for the court and if the jury couldn’t decide who was telling the truth, what happend?

A

The accused was handed over to the church so god could decide with a trial by ordeal

53
Q

Give three reasons why ordinary people hated the forest laws

A

-they seemed unfair
-Village community’s and farms were evicted
-it was previously acceptable

54
Q

Why was Anglo-Saxon law enforcement mainly the responsibility of local communities?

A

Because the population of England was very scattered and it wouldn’t be practical, and collective responsibility worked very well already.

55
Q

What was kept the same in Norman law enforcement?

A

Tithings, hue and cry and the court system continued. Law enforcement in most cases remained the community’s responsibility.

56
Q

What did the Norman’s introduce to help with law enforcement?

A trial + a type of police?

A

Introduced trial by combat to settle disputes, and foresters policed the royal forests

57
Q

What does a forester do?

A

They policed the royal forest and enforced the forest laws and delt with suspects very harshly. They were often feared and hated by the local communities

58
Q

As towns grew in the 13th and 14 centuries, (1200-1300), did crime increase?

A

Yes, although communities were still involved in law enforcement the authorities became more involved through the appointment of officials

59
Q

We’re parish constables paid?

A

No

60
Q

How long did a parish constable stay a parish constable?

A

A year

61
Q

Role of local communities (Medieval law enforcement)

Did the hue and dry and tithing system stay?

A

Yes

62
Q

Role of local communities (Medieval law enforcement)

When we’re parish constables intoduced?

A

1250

63
Q

Role of local communities (Medieval law enforcement)

What did the parish constables do?

A

Led the hue and cry, and they arrested suspects

64
Q

Role of local communities (Medieval law enforcement)

What did some towns have in which volunteers patrolled the streets and any suspected criminals they caught were handed to the constable?

A

Night watch

65
Q

Role of local communities (Medieval law enforcement)

Was trial by ordeal/combat used by community as a informal method of law enforcement?

A

Yes (before 1215)

66
Q

When was trial by ordeal/combat abolished?

A

1215

67
Q

Role of government appointed officials (Medieval England)

Who was appointed by Richard I as keepers of the peace in some ‘unruly’ areas from 1195?

A

Knights

68
Q

When were knights first appointed?

A

1195

69
Q

In 1327 what system did Edward extend in all areas?

A

Knights

70
Q

When was the justice of peace act?

A

1361

71
Q

Who appointed the JP’s?

A

The monarch and mainly local lords

72
Q

The role of the sheriff expanded in the later medieval period, what was the new expectations of him?

A

He was now expected to track down criminals if the hue and cry didn’t work, and he was allowed to form a posse of local men to help chase down criminals

73
Q

Least at-least TWO ways in which law enforcement differed in the later medieval period from the Norman period

A

-Knights
-The role of the sheriff expanded
-Trial by ordeal and combat ended

74
Q

What were the main aims of punishment?

A

Retribution, humiliation, reformation , deterrence and to keep people safe

75
Q

Name 6 main punishments from medieval England

A

-Fines
-Stocks
-Maiming/mutilation
-Flogging
-Hanging
-Beheading

76
Q

Anglo Saxon punishment:

What was most common?

A

-Fines and compensation are the most common

77
Q

Anglo Saxon punishment:

What was the system of paying compensation to victims of crime and was used for many crimes including murder?

A

Saxon Werguild

78
Q

Anglo Saxon punishment:

How common was corporal punishment?

A

Fairly common

79
Q

Anglo Saxon punishment:

How often was capital punishment used?

A

Rarely used

80
Q

Norman punishment:

What happens to capital and corporal punishment?

A

It rose dramatically and. More offences became capital crimes

81
Q

Norman punishment:

How was breaking the forest laws punished?

A

Castration, blinding and hanging

82
Q

Norman punishment:

What happened the the wergild system

A

It ended and fines were now paid to the king

83
Q

Norman punishment:

How were minor crimes punished?

A

Fines, whipping or time in the stocks

84
Q

Later Medieval punishment

What happened to capital punishment?

A

It gradually decreased but still existed

85
Q

Later Medieval punishment

What happend to fines?

A

Became more common

86
Q

Later Medieval punishment:
How common was corporal punishment?

A

It was still widely used so decently common

87
Q

Did Medieval punishment depend on class and gender?

A

Yes, commoners were treated differently than nobles, women from men and priests and normal people

88
Q

Did the amount of wergild payable in Saxon England depend on social status?

A

Yes, for nobles it was a huge sum but wergild for a serf was very little

89
Q

How were people executed based on social status?

A

Commoners we’re normally hung while nobles were normally beheaded

90
Q

We’re harsh punishments in the Norman period carried out in public?

A

Yes, it “makes people behave”

91
Q

Key term: Capital punishment

A

Killing the criminal

92
Q

Key term: Corporal punishment

A

Physically hurting the criminal

93
Q

Key term: retribution

A

making the criminal suffer for a crime committed, (eg: revenge for the crime committed)

94
Q

Key term: deterrence

A

Trying to prevent others or the criminal from carrying out a crime

95
Q

Give three similarities between Anglo-Saxon, Norman and Medieval punishments

A

They all used
-Corporal punishment
-Flogging
-Capital punishment
-Maiming
-Fines

96
Q

Throughout this period was the church powerful?

A

Yes

97
Q

Did the church play a direct role in deciding what made a crime and crime, and what punishments were handed out?

A

Yes,

98
Q

What crimes were tried in an church court?

A

Moral crimes (eg: sex outside marriage) , and not following church rites

99
Q

Church courts also tried members of the clergy for ALL crimes, but what was this called?

A

Benefit of the clergy

100
Q

How could you prove your right to benefit of the clergy?

A

By reading a passage of the bible- priests were some of the few people who could read. Many people memorised a passage from the bible so they could recite it in court and claim this benefit

101
Q

What sort of punishments were given out by the church

A

More lenient ones

102
Q

Why did the church give out more lenient punishments?

A

For the criminal to be reformed

103
Q

Benefit of the clergy shows us that that the justice system in medieval England wasn’t equal because….

A

It provided a way for people to be treated differently. The benefit of the clergy was not available for women and they couldn’t be priests

104
Q

What did sanctuary provide protection from?

A

The law

105
Q

Where could you get sanctuary?

A

In some important churches

106
Q

How could you claim sanctuary?

A

By going to a important church that offered it

107
Q

Once you have gained sanctuary what would the priest do?

A

Report the crime but no one was allowed to arrest the accused

108
Q

What were the options when you were granted sanctuary?

A

Agree to go to court or swear a oath to leave the country

109
Q

How long did sanctuary last?

A

40 days

110
Q

After sanctuary, what would happen if the accused didn’t leave the country after 40 days?

A

They would be outlawed

111
Q

When was trial by ordeal first used?

A

Anglo-Saxon times

112
Q

Name 4 trial by ordeals:

A

-Trial by hot water
-Trial by hot iron
-Trial by cold water
-Trial by blessed bread

113
Q

Who could take trial by blessed bread?

A

Priests only

114
Q

Trial by hot water and iron decide someone’s innocence/guilt

A

If the wound had started to heal well they were innocent

115
Q

How did trial by water decide someone’s innocence or guilt?

A

If they sunk they were innocent as the water had accepted them

116
Q

How did trial by blessed bread show someone’s innocence or guilt?

A

If they choked they would be guilty

117
Q

Give three ways church courts were used in the 13th century

A

-Trial by ordeal
-benefit of the clergy
-Sanctuary