Key Tooic 1 Flashcards

1
Q

Changes under the Norman’s

A

The most obvious change following the Norman Invasion was the building of castles.
The Normans did this to protect themselves and exert their authority over the area.
Furthermore, they introduced a new language to the country.

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2
Q

Forest laws

A

The Normans also introduced the Forest Laws.
They claimed that all forest land belonged to the King and therefore trees could no longer be cut down for fuel.

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3
Q

Reaction to forest laws

A

n addition, those living in the forest were not allowed to own dogs or use bows and arrows.
Many normal people ignored this new law as they were happy to break the law in order to be able to survive.

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4
Q

Tithings

A

Every male over the age of 12 was expected to join a Tithing.
The Tithing was a group of 10 men who were responsible for each others’ behaviour.
If one of the men broke the law, the other members of the Tithing had to bring him to court or ensure that any fines due were paid.

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5
Q

Hue and cry

A

Following a crime being committed either the victim or any witness was expected to raise the Hue and Cry.
The entire village would have to stop their current work, down tools and chase after the criminal.
If anyone chose not to join the Hue and Cry then the whole village would have to pay a fine.
If the Hue and Cry failed then the Sheriff would group together a Posse of men which would continue the search.

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6
Q

Trial by jury

A

Members of the local community formed a jury.
This was made up of men from the village that knew both the accused and the accuser.
The accused and the accuser would tell their version of events and the jury would decide who they thought was telling the truth.
If there was no evidence, for example an eyewitness to the crime, the jury would decide based on their own knowledge of the two parties involved.

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7
Q

Compurgation

A

In examples where the jury felt that the accuser was more honest than the accused they would take an oath called Compurgation.
The jury would swear that the accused was guilty.

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8
Q

Who were Constables what did they do

A

Well respected men in the village would be expected to take on the role of Constable.
This would usually be a local landowner or well-respected tradesman.
They would be expected to take the role for one year and the main responsibility was to keep the peace in their spare time.
They would need to keep an eye for crimes being committed and lead the Hue and Cry when necessary

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9
Q

Deterrence and retribution

A

Punishments were supposed to be severe enough that they would deter people from actually committing a crime.
Retribution is the idea that a person should ‘pay’ for what they have done.

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10
Q

Corporal punishment

A

This is the method of punishment to the body and could result in a period of time in the stocks and pillory.
Often offenders would find themselves with either their head and hands or their ankles clamped between two pieces of wood.
This punishment would take place in public, with the idea being to humiliate offenders and ultimately deter others from committing crimes.

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11
Q

How were Re offenders treated

A

Re-offenders were treated more harshly.
Sometimes they would face mutilation to parts of their bodies, such as cutting off a hand, ear or nose, or even ‘putting-out’ the eyes.
Again the severity of this punishment was designed to deter them from further crimes.

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12
Q

Wergild

A

A system of fines was used in Medieval England. This was known as the Wergild.
The main principle was that the offender paid an amount of money to the victim of their crime. This method was mainly used in cases of crimes against the person or property.
The amount of money paid was directly linked to the crime that had taken place.

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13
Q

Capital punishment

A

The death penalty or execution was reserved for serious crimes. Treason would be a crime that resulted in the death penalty.
Treason is when you go against your King or betray your Lord. The punishment was severe again in order to show others how important it is to be loyal to those in authority.

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14
Q

Why would you end up in Prison

A

In Medieval England, prison was not widely used in the same way as it is today.
There were two main reasons why you could end up in prison:
You were either waiting to be executed or you were being held in debtors prison because you owed someone money.

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15
Q

Norman changes after their invasion in 1066
Wergild

A

The system of Wergild was removed and fines were paid to the King and his officials rather than the victims of crime.

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16
Q

Reaction to Norman changes
How william responded

A

Following their invasion, there was a lot of distrust and anger towards the Normans.
Some Saxons fought back against their new rulers and killed Norman soldiers.
As a result, William introduced the Murdrum Fine.
This meant that if a Norman was killed then everyone in the area would have to club together to pay a fine to the king.

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17
Q

Norman changes

A

Trial by combat

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18
Q

Role of the church
How did they decide punishments

A

The Saxons were incredibly religious and if a local jury was unable to decide if someone was innocent or guilty then they would allow God to decide, using Trial by Ordeal.
All trials, except Cold Water, took place inside the church in the presence of a priest.
This practice was ended in 1215 by Pope Innocent III.

19
Q

Trial by hot iron

A

This was usually a trial taken by women.
The accused carried a red-hot piece of metal for three paces.
The hands of the accused were bandaged for three days and then unwrapped.
If the wound was healing nicely they were innocent, if not they were guilty.

20
Q

Trial by hit water

A

This trial was usually taken by men.
The accused had to dunk their hand into boiling hot water to retrieve an object.
Once again the hand and arm were bandaged for three days
If the burns were healing the accused was deemed innocent, if the wounds were festering then they were considered guilty.

21
Q

Trial by blessed bread

A

This trial was usually taken by Priests that were accused of a crime.
A priest that was present prayed that the accused would choke on the bread if they had lied.
The accused then ate the bread and was deemed guilty if they choked.

22
Q

Trial by cold water

A

This trial was usually taken by men.
The accused would be put into a pool of water or river. Often the accused was lowered into a river with a rope tied around their waist.
If the accused sank below God’s pure water then he was innocent - having been accepted by the water.
If the accused floated then they’d been rejected by the pure water and was found guilty.

23
Q

Sanctuary

A

If you had committed a crime, were on the run and you could reach a church, you would have been able to claim sanctuary.
This means that the church would protect you.
No one would be able to remove you from the church, not even the County Sheriff.

24
Q

What happened after sanctuary

A

The criminal would have 40 days during which to decide whether to face trial in the church court, or leave the country.
If they opted to leave the country they would have to travel to the nearest port barefoot, carrying a wooden cross and get onboard the first ship heading abroad.

25
Q

Church courts
What did they never do

A

The church claimed they had the right to try any clergyman accused of a crime in its own courts.
The trial would be in the presence of a local bishop.
The main difference with the church court was that they would never sentence anyone to death regardless of how serious the crime was.
This meant someone could get away with murder.
Moral offences such as failure to attend church, adultery and drunkenness were usually dealt with by the church courts.

26
Q

Benefit of the clergy

A

This was when the accused claimed the right to be tried in the church courts, usually because they were more lenient.
In theory, this right should only have been for priests and men of the church.
But, in reality, if you were connected to the church in any way you could claim this right.
The church would often test people claiming benefit of the clergy by making them read a verse from the bible.
This verse became known as the ‘neck verse’ as it saved your neck, or enabled you to escape hanging.

27
Q

In what year was the practice of Trial by Ordeal ended by Pope Innocent III?

A

1215

28
Q

Statue of labourers

A

Law arranged by rich to keep peasants wages low and tied to one lord

29
Q

saxon society

A

agricultural - vast majority in smalll villages
community policing
church = important

30
Q

punishment caught hunting deer

A

2 fingers cut off

31
Q

concept of kings Peace

A

crime against king so compensation paid directly to the king

32
Q

why did trail by ordeal continue to be effective in Norman period

A

deep Norman religious beliefs

33
Q

why William set up church courts

A

for moral crimes
offered opportunity to reform, save souls

34
Q

How was trial by combat different to other methods of trial by ordeal

A

Used for land disputes

35
Q

Punishments for breaking forest laws

A

Blinding hanging

36
Q

Outlaw

A

Anyone over 14 tried to avoid punishment by running away

37
Q

Statue of labourers

A

1351
Restricted wages for farmers

38
Q

Who ended trial by ordeal
When

A

Poor
13 century

39
Q

late medieval 1200- 1500

crimes and punishment

A

murmdrum abolished, normand and saxo differences faded

Hersey law 1382 - increasing challenge to church
increasing focus on treason

1305 - introduce of hung drawn and quartered for treason

40
Q

late medieval 1200- 1500

policing and trials

A

1215 - abolition of trial by ordeal by pope

1361 - justices of peace

41
Q

Norman new laws

A

murmdrum.
kings peace
forest laws
trial by combat
emphasis in deterrence and retribution

42
Q

change in Norman enforcement

A

Some towns had night watch - volunteers patrolled streets

Jps appointed by monarch for minor crimes

Sheriff tracked cirminals could form posse of local men to help him

43
Q

Medieval punishment aim

A

Retribution deterrence and safety

44
Q

Wergild

A

Depended on victims social status