Medieval Crime and Punishment The historical debate is about whether courts were fair and whether punishments were cruel During this lesson think about differences and similarities between medieval justice and our system of justice today

The Lord’s manorial court Held several times a year Held several times a year All villagers had to attend (or pay a fine!) All villagers had to attend (or pay a fine!) The Lord’s Steward was in charge The Lord’s Steward was in charge They met in the hall of the manor house They met in the hall of the manor house It sorted out the Lord’s business and sorted out any quarrels, keeping law and order It sorted out the Lord’s business and sorted out any quarrels, keeping law and order It had a jury made up of twelve villeins chosen by the villagers. It had a jury made up of twelve villeins chosen by the villagers. Being on the jury was not popular and many tried to get out of it (by claiming to be a freeman for example). Being on the jury was not popular and many tried to get out of it (by claiming to be a freeman for example). The evidence was collected and the jury decided on a suitable punishment The evidence was collected and the jury decided on a suitable punishment

Typical punishments Putting people to death Putting people to death Whipping Whipping Mutilation Mutilation Whipping Whipping Pillory/Stocks Pillory/Stocks Scold’s bridle Scold’s bridle

The hue and cry This helped track down law breakers. This helped track down law breakers. For example, if a villager was attacked she would raise the hue and cry. For example, if a villager was attacked she would raise the hue and cry. Everyone in earshot had to come to the rescue and help hunt down the guilty person. Everyone in earshot had to come to the rescue and help hunt down the guilty person. If villagers did not help they were fined! If villagers did not help they were fined!

Tithings All men over the age of 12 were put in groups of ten called tithings All men over the age of 12 were put in groups of ten called tithings They had to look out for each other ensuring that none of them got into trouble They had to look out for each other ensuring that none of them got into trouble If any did, the rest had to make them go to court If any did, the rest had to make them go to court The tithing had to ensure the criminal would behave himself and pay his fine The tithing had to ensure the criminal would behave himself and pay his fine If he didn’t the whole tithing had to pay! If he didn’t the whole tithing had to pay!

Trial by ordeal Ordeal by hot iron (for women) Ordeal by hot iron (for women) Ordeal by cold water (for men) Ordeal by cold water (for men) Ordeal by boiling water Ordeal by boiling water The Normans introduced…. Trial by battle The Normans introduced…. Trial by battle By the thirteenth century trial by ordeal was disappearing because the Church didn’t like it but Trial by battle was still used occasionally By the thirteenth century trial by ordeal was disappearing because the Church didn’t like it but Trial by battle was still used occasionally

Manorial court Tithing Trial by ordeal and battle The hue and cry

101. Qui dicunt quod Germanus Clerk de [Bernek' die] Dominica proxima post festum Pasche anno regni regis Ricardi secundi quintodecimo venit vi et armis et ecclesiam de Gretford fregit et felonice furatus fuit vnum calicem precij veginti solidorum. Et postea dictus Germanus captus fuit per suspectionem felonie in villa de Careby et ibidem die Sabati proxima post festum ascensionis domini anno regni regis predict XVmo per Iohannem Malkake et Robertum Okham de predicta villa de Careby et ibidem positus fuit in cippis et postea ductus fuit vsque villam de Vppyngham ad gaolam mareschalcie aule hospicij predicti domini regis videlicet die Martis proxima ante festum Pentecostes anno regni regis predicti quintodecimo apud Vppyngham fugam fecit ad ecclesiam de Vppyngham predictam. Et sic euasus est et est communis latro. (Marg: Felonia.) 101. Qui dicunt quod Germanus Clerk de [Bernek' die] Dominica proxima post festum Pasche anno regni regis Ricardi secundi quintodecimo venit vi et armis et ecclesiam de Gretford fregit et felonice furatus fuit vnum calicem precij veginti solidorum. Et postea dictus Germanus captus fuit per suspectionem felonie in villa de Careby et ibidem die Sabati proxima post festum ascensionis domini anno regni regis predict XVmo per Iohannem Malkake et Robertum Okham de predicta villa de Careby et ibidem positus fuit in cippis et postea ductus fuit vsque villam de Vppyngham ad gaolam mareschalcie aule hospicij predicti domini regis videlicet die Martis proxima ante festum Pentecostes anno regni regis predicti quintodecimo apud Vppyngham fugam fecit ad ecclesiam de Vppyngham predictam. Et sic euasus est et est communis latro. (Marg: Felonia.)

Germanus Clerk Germanus Clerk My name is Germanus Clerk. I broke into a church and stole a chalice worth 20 shillings. I was placed in the stocks, but escaped and took refuge in another church. I claim “benefit of clergy” because I am a churchman. My name is Germanus Clerk. I broke into a church and stole a chalice worth 20 shillings. I was placed in the stocks, but escaped and took refuge in another church. I claim “benefit of clergy” because I am a churchman.

Tried before the justices of gaol delivery, 1 August 1392, in indictment for burglary before the justices of the peace in Kesteven; guilty; plea of clergy allowed; released to the bishop of London. Tried before the justices of gaol delivery, 1 August 1392, in indictment for burglary before the justices of the peace in Kesteven; guilty; plea of clergy allowed; released to the bishop of London.

Thomas Thomas My name is Thomas. I told the authorities that my friend Jamys and I stole clothes from a house. Jamys denied it, so we underwent trial by battle to decide who was telling the truth. Thomas won the trial, and I admit that I wrongly accused him. My name is Thomas. I told the authorities that my friend Jamys and I stole clothes from a house. Jamys denied it, so we underwent trial by battle to decide who was telling the truth. Thomas won the trial, and I admit that I wrongly accused him.