Crime and punishment

• Crimes against the person (Medieval England)


  Murder, Assault,
• What years were the Anglo-saxon period?


  410-1066
• What years were the Norman period?


  1066-1200
• What years were the medieval period?


  400-1500
• When was the early modern period?

  1500-1750
• Crimes against property (Medieval England)


  Theft, Poaching,
• Crimes against authority (Medieval England)

  Treason, Rebellion
• Poaching


  illegal hunting without paying for "hunting rights"
• The King as Law Maker


  King has more power, able to add new laws that created new crimes.
• William 1's forest laws


  30% of England became "Royal Forest" which the nobility and the King used for hunting

  People were evicted from this land which caused resentment

  Royal Forests were now protected

  Only people who payed were allowed to hunt

  Illegal to kill animals or take wood without a licence

  Unfair for ordinary people as they needed these resources so when they broke these laws society did not view them as a criminal
• Murdrum Fine


  If an Anglo-Saxon murdered a Norman and the culprit wasn't caught, a large sum of money was paid near where the body was found. This showed that murdering a Norman was more serious than murdering an Anglo-Saxon but this also benefited the ruling classes as they would get the money from the dead Saxon
• Hundred


  An area of land
• Tithings


  A percentage of a Shire where all the men were responsible for one and other, so if one committed a crime then the others would either make sure he went to court or would pay a fine
• Hue and Cry


  If someone witnessed a crime then they would shout for help and then they were expected to chase and capture the criminal
• Courts


  They would decide if someone was innocent or guilty. Royal courts dealt with the most serious of crimes. Shire courts dealt with lesser crime and hundred courts dealt with petty crimes
• Oaths


  A major part of Anglo-Saxon justice was to swear an oath before God. They would swear their innocence to God and others would support them
• Deciding guilt or innocence


  If the jury could not decide guilt or innocence then they would be handed over to the church to carry out Trial by Ordeal
• Norman law enforcement continuity (1066)


  Tithings

  Hue and Cry
• Norman law enforcement change


  Trail by combat
• Parish Constables


  Local people chosen by the community

  Unpaid but they usually did a good job

  Held this post for a year
• Role of local communities- Continuity


  Hue and Cry

  Tithings

  Trail by Ordeal

  Trial by combat
• Role of local communities- Change

  from 1250's the parish constables were responsible for the hue and cry

  Some town had a night watch

  Trail by ordeal and Trail by combat were abolished in 1215
• Role of government- appointed officials (Change)

  Knights were appointed by Richard 1 in some unruly areas - Edward 2 extended this ti whole country

  People made justices of peace and were appointed by the monarch, they were in charge of minor crimes

  Role of sheriff expanded- would track Hue and Cry criminals and from 1285 he could form a posse of local men to catch the criminals
• Types of medieval punishment

  Fines

  Stocks

  Flogging

  Hanging

  Beheading
• Changes in Punishment- Anglo-Saxons


  Fines and Compensations

  Pay compensation to the victims of the crime

  Corporal Punishment mainly used
• Changes in Punishment - Norman


  Capital and Corporal punishment

  Blinding

  Hanging

  Fines payed to the King

  Whipping
• Changes in Punishment- Later Medieval

  Capital punishment decreased

  Corporal punishment

  Fines
• Social status and punishment


  Your punishment would depend on your gender or social status
• Capital punishment


  The death penalty
• Corporal punishment


  physically hurting the criminal
• Retribution


  Makes the criminal suffer for their actions
• Deterrence


  Prevents others wanting to commit a crime
• The benefit of the Clergy


  The right to be tried in a church court, where punishments were less severe than those meted out by civil courts, given the religious focus on penance and salvation.
• Sanctuary


  Protection from the Law

  Someone could claim sanctuary by going to one of the churches

  The Priest would report the crime but the criminal would not be arrested

  The criminal would either agree to go to court or leave the country

  If they did not leave the country within 40 days then they would be outlawed
• Examples of trail by ordeal


  Trail by hot water

  Trail by hot iron

  Trial by water

  Trail by consecrated bread
• Changes in society and what crimes it led to (Early Modern England)


  Increase in population, decline in feudalism, Higher unemployment, towns and cities grew: increase of street criminals and thieves

  
  

  End of feudalism and enclosure: Increase in poaching

  
  

  Change in religion: more people committed heresy and high treason
• Treason and Heresy 1509-47


  Henry 8th killed protestants for heresy and then Catholics for treason when he became head of the church
• Treason and heresy 1547-58


  Edward VI killed leaders of rebellions for treason and 2 Catholics for heresy
• Treason and heresy 1553-58


  Mary 1st killed many protestants and plotters to replace her for heresy
• Treason and heresy 1558-1603


  Elizabeth 1st executed rebels for heresy