Change and Continuity in later medieval England c1200-c1500

This page details further developments in the English legal system during the later medieval period, showcasing the evolution of laws and punishments.

The abolition of the Murdrum fine around 1350 reflected the fading distinctions between Normans and Saxons over time. New laws were introduced to address emerging concerns:

Example: Heresy Laws were introduced from 1382 to deal with challenges to Church beliefs, demonstrating the continued influence of religion on the legal system.

The nature of law enforcement and punishment evolved significantly during this period. The page provides a comprehensive overview of various trial methods used in medieval England:

• Trial by cold water
• Trial by hot water
• Trial by hot iron
• Trial by consecrated bread
• Trial by combat $a Norman addition$

Highlight: In the trial by cold water, if the accused sank, they were considered innocent, while floating indicated guilt as it was believed God had rejected them.

These trial methods reflect the strong religious influence on the medieval justice system and the belief in divine judgment.

Later medieval period law enforcement c1200-1500

This section outlines key developments in law enforcement during the later medieval period, showcasing the gradual centralization and formalization of the English legal system.

Significant milestones include:

1. 1166: Creation of the Assize of Clarendon, establishing royal judges to try serious crimes
2. 1190: Appointment of Coroners to investigate suspicious deaths
3. 1215: Abolition of trial by ordeal and introduction of trial by jury
4. 1361: Introduction of Justices of the Peace as centrally appointed local judges

Highlight: The creation of the Assize of Clarendon in 1166 led to the establishment of courts and prisons for those awaiting trials, marking an extension of royal control over the legal system.

These developments demonstrate a clear trend towards a more centralized and standardized system of law enforcement and justice administration in medieval England.

Case study-Influence of the Church

This page examines the profound influence of the Church on various aspects of medieval life, particularly in relation to crime and punishment. The Church's role extended to shaping moral standards, defining crimes, and influencing legal procedures.

Highlight: The Christian religion was massively influential in all areas of life, including crime and punishment, reflecting the deep integration of religious beliefs in medieval society.

Key areas of Church influence included:

1. Society: The Church's wealth and influence often led to tensions with the government, as exemplified by the conflict involving Thomas Becket and Church Courts.
2. Crimes: Religious influence was evident in the definition of moral crimes such as drunkenness, adultery, and failure to attend church. Heresy became a significant crime, especially after 1382.
3. Policing: The concept of sanctuary allowed criminals to seek temporary immunity from arrest in certain holy places, reflecting the Church's emphasis on mercy.
4. Trials: Religious elements were incorporated into legal procedures, such as the use of oaths and trial by ordeal $until its abolition in 1215$.
5. Punishment: The Church promoted the concept of mercy in sentencing.

Example: The 'Benefit of Clergy' allowed those connected to the Church or capable of reciting the 'neck verse' to be tried in more lenient Church Courts, which excluded capital punishment.

This case study highlights the pervasive influence of the Church on the medieval crime and punishment system, demonstrating how religious beliefs and institutions shaped legal practices and societal norms throughout the period.

Page 4: Church Influence

This section examines the profound impact of the Church on medieval law and justice systems.

Highlight: The Church's influence extended to all aspects of medieval justice, from defining crimes to administering punishments.

Example: Religious crimes included heresy, drunkenness, and failure to attend church.

Definition: Sanctuary provided criminals 40 days of protection in holy places to decide between trial or exile.

The Church's role in medieval justice was comprehensive, affecting everything from trial procedures to punishment methods.

Page 5: Benefit of Clergy

The final section focuses on the special legal privileges granted to clergy members and their impact on medieval justice.

Definition: Benefit of Clergy allowed religious officials to be tried in more lenient Church courts rather than secular courts.

Highlight: Church courts notably excluded capital punishment, offering more merciful sentences.

Example: The 'neck verse' $Psalm 51$ could be recited to claim clergy status and access Church courts.

This system demonstrated the significant power of the Church in medieval legal proceedings and its ability to influence justice outcomes.

Crimes, Punishments & Law Enforcement Key Terms

This page provides essential definitions and concepts related to medieval laws and punishments. It covers various types of crimes, law enforcement methods, and key legal terms used in medieval England.

Definition: Crimes against the person included theft and murder, with a distinction made between serious and minor offenses.

Definition: Crimes against property encompassed activities like stealing crops and poaching, with poaching often viewed as a 'social crime'.

Vocabulary: Tithings were groups of 10 males aged 12 and over who shared collective responsibility for local law enforcement.

The page also introduces important legal concepts such as deterrence and retribution, as well as specific medieval practices like sanctuary and benefit of clergy.

Highlight: The "hue and cry" system involved local bystanders being summoned to assist in catching criminals, demonstrating community involvement in law enforcement.

The introduction of the parish constable in 1285 marked a significant development in local law enforcement structures.

Change and Continuity after the Norman Conquest c1066-c1200

This section explores the legal changes implemented following the Norman Conquest, highlighting both continuities and changes in the English legal system.

Example: The Forest Laws, introduced by William the Conqueror, banned hunting, collection of firewood, and grazing of animals in forests. Punishments for violating these laws were severe, including blinding and execution for repeat offenses.

The Murdrum Fine was a notable change, making Saxon communities collectively responsible for the murder of Normans. This served as a deterrent and placed responsibility for maintaining order on the entire community.

Highlight: William generally retained many of Edward the Confessor's laws to stress continuity and legitimize his succession.

The abolition of wergild and its replacement with payments to the King marked a significant shift in the purpose and beneficiary of legal compensation.