The Law in the High Middle Ages Many of our legal customs and traditions originated in some form or another during the Middle Ages People were prosecuted and sued; testimony was given under oath, and a sentence would be passed by a judge. Trial by Battle and Trial by Ordeal were often used to determine guilt as it was believed that God would help the innocent person Trial by Battle: Two nobles would fight to the death; noblewomen had the ability to get someone to fight on their behalf Trial by Ordeal: A person might have to swallow poison, pull something from boiling oil, walk over hot coals etc. If any wound (burn) got infected they were also seen as guilty

Courts in the Middle Ages Much like today, there were different levels of courts established for trials to take place in. Where a trial was held depended on the severity of the crime Minor or petty crimes were sent to the Manor Court, i.e. disputes that dealt with farming or property. Example: farmer using too much manure, or trespassing on another farmer’s land Also dealt with charges of assault, public drunkenness, & petty theft Comparable to “small claims court” or local “provincial court” today They were the most common

Royal Court Responsibilities Major crimes, i.e. Murder, were sent to Royal Court. This court dealt in common law = same for all across the land Included trials for: murder, treason, rape, burglary, illegal poaching & harvesting timber from “Royal forest” Today we have murder trials in provincial courts, however there is time when a higher court (Supreme Court of BC or Canada) where a murder trial is held – usually when there is an appeal In 1300, theft of anything worth more than a shilling (weeks wages), was considered punishable by death Once a criminal was executed, the Court would sell off their land…

The Church and the Law If you were part of the clergy (church), you were sent to a Church court if you committed a crime Included bishops, nuns, monks, priests etc. Church courts often gave “lighter or more lenient” sentences and would not sentence anyone to death, regardless of the crime committed… Often led to criminals learning to read & write so they too could be given lenient sentences, why? The ability to read & write was a characteristic of a church employee The Pope, head of the Catholic Church, claimed authority (rule) over everyone – from Kings to Queens, and peasants alike – this did not always go over well

European Expansion… Despite the fact that the majority of medieval Europeans were uneducated, expansion beyond the walls of the manor was on the horizon 13th century, European traders began to expand into less traditional locations for their needs & wants Began to explore as far away as Asia; this opened their eyes to different peoples, customs, ideas, and trade items They followed the “Silk Road” to China, in 1255 the first voyage on this route was undertaken by two Venetian merchants The Polos