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CaP Medieval
Crime and Punishment (Medieval)
| Date? | 1250-1500 |
| CRIME AND CRIMINALS | CRIME AND CRIMINALS |
| Two types of crime? | Petty (Minor Crime), Felonies (Major Crime) |
| Examples of Felonies | Homicide, theft (over 12d), Treason, Rape |
| Examples of Petty Crime | Theft (under 12d), Assault, Missing Church, Homosexuality |
| Most Common Crime? Why? | Theft. Needed to steal supplies to survive |
| Changes to crime during this period? | Black Death (1348), half population died, society breaks down, more crime. |
| Any More? | War of the Roses (15th C.), civil war, nobles have private armies lots of violent crime |
| New Crimes | Vagrancy (following the black death) homeless people begging Scolding (1350) |
| ENFORCMENT | ENFORECMENT |
| Who is at top of the enforcement chain? | King = in charge of keeping "King's Peace". CHANGE = Edward I, improved law + order, Statute of Winchester (SoW) 1285. Weak King (e.g Henry VI) = poor law + order |
| Who is second in the enforcement chain? | Sheriff = in charge of county, important nobles, no pay, got status, cut of fines and land from convicted murders in their county |
| Who is third in the enforcement chain? | Chief Constables of the Hundred = Rich farmers, selected each year, no pay, KEY RESPONSIBILITY, made sure men were ready to fight (15-60) |
| Who is the fourth in the enforcement chain? | Parish Constables = Chosen once a year, someone respected, arrested suspicious people, KEY RESPONSIBILITY archery practice every Sunday |
| Who is at the bottom of the enforcement chain? | The People = If see crime, raise hue and cry, try and catch criminal. If don't village gets huge fine |
| COURTS | COURTS |
| What was the highest court? | Royal courts. Most serious crimes (e.g. treason) or important offenders. Have juries. CHANGE: Ed I (SoW), courts go to the counties, now called assizes |
| Who are the JPs? KEY CHANGE !!!!!!!!!!!!!! | Replace the sheriff courts. Dealt with serious crimes (bit less than royal courts), held 4 times a year (1388) quarter sessions |
| What comes below the quarter sessions? | Manor courts. Dealt with majority of the crimes (petty crimes). Some variation in local laws. CHANGE: basically gone by 1500 |
| What comes below the manor courts? | Church Courts. Dealt with moral crimes, or if the criminal was a member of the clergy. No juries. Less harsh punishments |
| What were the juries like? | People who KNEW the criminal. Would have very little evidence to work with. Trails lasted about 20 mins. More likely to LET THEM OFF than convict them, except for treason |
| What were the town courts called? | Borough courts - courts run by towns. Ed I (SoW). All towns had to have watchmen, raise hue and cry, arrest suspicious strangers |
| PUNISHMENTS | PUNISHMENTS |
| What are the four types of punishment? | Public Humiliation, Capital Punishments, imprisonment and fines |
| Examples of public humiliation. | Cucking/Ducking Stool, Stocks, Pillory, Public Confessions |
| Examples of capital punishments. | Hanging (most common), Hung Drawn and Quartered (Treason and Counterfeiting). 80% of hangings were for serious theft. Burned alive for heresy. At Sandwich buried alive (local variation) |
| Example of fines | Not raising the hue and cry, gambling, money goes to court/king |
| What's imprisonment like? | Have to pay for food and bedding, begged outside prisons, unhygienic, rich were kept in nice places as they could afford it. |
| How can you avoid punishments? | Money - bribe king, judge, jury. Get pregnant. Seek sanctuary in church,'adjure the realm' (leave country forever). Claim benefit of the clergy, be (or pretend to be) a priest, punished in church courts instead. |