Y7 History

Law and OrderLaw and Order

2Y7 History

There were no police for 100s of years, There were no police for 100s of years, so how was law and order kept?so how was law and order kept?

Towns and villages each voted for a constable who was in post for 1 year.

He was expected to ‘keep the peace’ during daylight hours.

He was only part–time. He did not get paid and was expected to keep up his regular job.

Do you see any problems with that?

Towns and villages each voted for a constable who was in post for 1 year.

He was expected to ‘keep the peace’ during daylight hours.

He was only part–time. He did not get paid and was expected to keep up his regular job.

Do you see any problems with that?

3Y7 History

The Watch – in townsThe Watch – in towns

People were expected to join the watch. This meant they took turns in staying up all night to make sure the town was a safe place to be.

Again it was unpaid and no-one liked that job very much either!

People were expected to join the watch. This meant they took turns in staying up all night to make sure the town was a safe place to be.

Again it was unpaid and no-one liked that job very much either!

4Y7 History

The Hue and CryThe Hue and Cry

If anyone in the village is attacked or sees a stranger that they think is acting suspiciously they must raise the -

HUE AND CRY

This means that all the men in the village must stop what they are doing when they hear the hue and cry and join in the chase.Anyone who does not join in the hue and cry will be brought to the manorial court and fined.

If anyone in the village is attacked or sees a stranger that they think is acting suspiciously they must raise the -

HUE AND CRY

This means that all the men in the village must stop what they are doing when they hear the hue and cry and join in the chase.Anyone who does not join in the hue and cry will be brought to the manorial court and fined.

5Y7 History

TithingsTithings

There are no policemen to keep law and order in our village.The law says that all men in the village have to be organised into a group of ten which is called a -

TITHING

The men in the tithing are supposed to make sure they all behave properly. If one of the tithing breaks the law the rest have to say who the culprit is. If they don't they will all be punished.

There are no policemen to keep law and order in our village.The law says that all men in the village have to be organised into a group of ten which is called a -

TITHING

The men in the tithing are supposed to make sure they all behave properly. If one of the tithing breaks the law the rest have to say who the culprit is. If they don't they will all be punished.

6Y7 History

• None of these methods was very effective and a lot of criminals were never caught. This was probably because people were not very keen on working in their spare time and the system was not very well organised.

• But if you were caught, law and order was very severe in Medieval England. It was believed that people would only learn how to behave properly if they were frightened that something would happen to them if they broke the law.

• Even the 'smallest‘ offences often had serious problems• People who were caught, had to through three ordeals to see

if they were guilty: Ordeal by fire. Ordeal by water. Ordeal by combat

7Y7 History

The 3 ordealsThe 3 ordeals• Ordeal by fire. A person accused of

committing a crime held a red hot iron bar and walked three steps. His hand was then bandaged and left for three days.

• If after three days the hand looked better then the person was innocent, if the wound was not better then they were guilty.

• Ordeal by water. An accused person was tied up and thrown into water. If they floated then they were guilty of the crime they committed but if they sank then they were innocent.

• Ordeal by combat. This was used by noblemen who had been accused of something. They would fight in combat with the person who accused them. Whoever lost was usually dead at the end of the fight.

• It was believed that only God knew if a person was guilty or not, and so he would let the person who was innocent survive!

8Y7 History

However …However …

• King Henry II did not think that the ordeals were a good way to decide if somebody was innocent or guilty.

• In 1154 he did three things that brought peace to England.• 1. He pulled down illegal castles and brought back the

laws of Henry I.• 2. He got rid of the three ordeals and replaced them with

a trial.• 3. Made judges go around the country and make sure

that the law was working.• In 1215, the Pope decided that priests in England must not

help with ordeals. As a result, ordeals were replaced by trials by juries.

• To start with, these were not popular with the people as they felt that their neighbours might have a grudge against them and use the opportunity of a trial to get their revenge – as you will see.

9Y7 History

There were 3 types of courtThere were 3 types of court

• Manorial courts: these were local village courts that made sure the feudal system ran smoothly. They were headed by the lord of the manor or his steward and held 4 times a year.

• They decided who should take over land when someone died, they gave permission for marriages, they dealt with episodes of drunkenness, animals tramping crops, squabbles between villeins and with disputes over work.

• They usually had juries – more about that later.

10Y7 History

There were 3 types of courtThere were 3 types of court

• Originally they were called Royal Courts, in which judges would be sent out by the king. When they became established, they were called assizes, and the judge would cover a particular part of the country called his circuit, would visited each court regularly.

• Again 12 local people would be picked to be jurors.

11Y7 History

There were 3 types of courtThere were 3 types of court

• Finally (and as we shall see in a week or 2 very controversially), were the Church Courts.

• They were used when a priest or any church official broke the law – and as the church was so central to life of the regular people, about 1 in 6 people were officials in some way or another!

• Their punishments were much more lenient than the Kings Courts. For example, there was no death penalty, so even for murder, the worst thing that could be done was excommunication (this meant they were forced from the church and according to the beliefs at the time, could not therefore enter Heaven).

• As you can imagine this was not popular with the rest of the population who could be severely punished for the least little thing!

12Y7 History

PunishmentPunishment• There were very few prisons in Mediaeval Times

because people didn't like the idea of having to provide criminals with food or guards because they needed all their resources for themselves. Some town constables had a small jail for imprisoning criminals, but small crimes were often punished by fines.

• It was also common for punishments to take place in public to serve as a warning to others of what would happen if they were caught doing the same crime as the person being punished.

13Y7 History

PunishmentPunishment• If you sold rotten food to your

customers, you might be made to smell it while it was burned under your nose, or you might be dragged through the streets on a cart while your customers threw rubbish at you. If you stole something, then you might have your hand cut off to stop you from doing it again.

• For cheating a customer, you could be placed in the stocks (which held your legs) or you might be put in the pillory (which held your head and hands) while people threw rotten food at you.

14Y7 History

PunishmentPunishment• Women who nagged their

husbands were ducked in the river or were made to wear a scold's bridle (a mask or cage with a piece of metal that pinned the tongue down and stopped her talking).

• There were much worse punishments than these.

• Do the following exercise to find out about a few of them.

• Think carefully about which crimes you think deserve the harshest punishment.

15Y7 History

For more severe crimes- which For more severe crimes- which punishment goes with which crime?punishment goes with which crime?

• (a) murder

• (b) treason –

crimes against the

king

• (c) rebellion

• (d) fighting

• (e) forgery

• (f) attacking

someone

• (i) hanging from a tree• (ii) eyes gouged out by the

victims family• (iii) burned to death or hanged• (iv) castration ( what is that?)• (v) fined• (vi) hung, drawn and quartered

( hung until half death, have your guts ripped out, beheaded and then cut into 4 pieces and all the parts put on spikes at the town gate)

16Y7 History

You might think these were harsh You might think these were harsh but …..but …..

• …. these punishments probably seem really nasty to you, but in fact they were quite kind in comparison to what happened in the rest of medieval Europe, where if you were found guilty of murder, you could expect to have your skin cut from your body or be crushed to death with a wooden bar!

17Y7 History

But lesser crimes were dealt with in the village

18Y7 History

The Manorial CourtThe Manorial Court

The Court is usually held 4 times a year. This is the court most ordinary people have contact with. It deals with those who had not made payments to the Lord or done their work properlyAlso it deals with arguments between villagers. Serious crimes are tried in the King's court in York.The Lord's Steward is in charge of the court. We all have to attend or we are fined.

The Court is usually held 4 times a year. This is the court most ordinary people have contact with. It deals with those who had not made payments to the Lord or done their work properlyAlso it deals with arguments between villagers. Serious crimes are tried in the King's court in York.The Lord's Steward is in charge of the court. We all have to attend or we are fined.

19Y7 History

The Manorial CourtThe Manorial Court

12 villeins are chosen to be the Jury. It is their job to talk to the accused and anyone else involved and then present the evidence in court and if they find the accused guilty to decide on the punishment. Henry says it a rotten job. If the Steward thinks you are being too lenient he can punish you. If the accused think you are being too harsh they hate you. You have to live in the same village afterwards.Punishments are usually fines or some type of public disgrace, prison is very rare.

12 villeins are chosen to be the Jury. It is their job to talk to the accused and anyone else involved and then present the evidence in court and if they find the accused guilty to decide on the punishment. Henry says it a rotten job. If the Steward thinks you are being too lenient he can punish you. If the accused think you are being too harsh they hate you. You have to live in the same village afterwards.Punishments are usually fines or some type of public disgrace, prison is very rare.

20Y7 History

TithingsTithings

There are no policemen to keep law and order in our village.The law says that all men in the village have to be organised into a group of ten which is called a -

TITHING

The men in the tithing are supposed to make sure they all behave properly. If one of the tithing breaks the law the rest have to say who the culprit is. If they don't they will all be punished.

There are no policemen to keep law and order in our village.The law says that all men in the village have to be organised into a group of ten which is called a -

TITHING

The men in the tithing are supposed to make sure they all behave properly. If one of the tithing breaks the law the rest have to say who the culprit is. If they don't they will all be punished.

21Y7 History

Public DisgracePublic Disgrace

The ducking stool is mainly used as a punishment for women who disobey or constantly scold their husbands to remind them of their place. You are bound hand and foot to the stool and lowered in to the pond as many a three times. The men all laugh, but when Agnes Smart was ducked she was kept under so long that she was unconscious when they brought her up and she nearly died. The threat of it makes me think how I act.

The ducking stool is mainly used as a punishment for women who disobey or constantly scold their husbands to remind them of their place. You are bound hand and foot to the stool and lowered in to the pond as many a three times. The men all laugh, but when Agnes Smart was ducked she was kept under so long that she was unconscious when they brought her up and she nearly died. The threat of it makes me think how I act.

22Y7 History

Public DisgracePublic Disgrace

The stocks are used for disorderly behaviour. James Lighthead and Roger Strong were sentenced to 24 hours in them at the last court for being drunk and brawling in the meadow. We threw rotten fruit at them and Roger's lip was badly split.

The stocks are used for disorderly behaviour. James Lighthead and Roger Strong were sentenced to 24 hours in them at the last court for being drunk and brawling in the meadow. We threw rotten fruit at them and Roger's lip was badly split.

23Y7 History

Extracts from the Manorial CourtExtracts from the Manorial Court Records RecordsThese are the kinds of ‘crimes’ that These are the kinds of ‘crimes’ that

people were in court forpeople were in court for

William Jordan, villein, for bad ploughing of the Lord's land.William Jordan, villein, for bad ploughing of the Lord's land.

Alex, Gilbert and Henry badly beat Rufus after an argument about firewood.

Alex, Gilbert and Henry badly beat Rufus after an argument about firewood.

Henry Godswein refused to do the second Boon work of the autumn. Henry Godswein refused to do the second Boon work of the autumn.

Robert's oxen wandered into the north field and damaged the Lord's barley.

Robert's oxen wandered into the north field and damaged the Lord's barley.

Emma called the Hue and Cry when Maud struck her but it wasn’t carried out.

Emma called the Hue and Cry when Maud struck her but it wasn’t carried out.

Agnes, who is poor, gave birth to a child when she was not married. Agnes, who is poor, gave birth to a child when she was not married.

Alice Miller for brewing weak beer and selling it before it was officially tasted.

Alice Miller for brewing weak beer and selling it before it was officially tasted.

John Lane broke his stepmother's wrist with a stick in her own house. John Lane broke his stepmother's wrist with a stick in her own house.

24Y7 History

The value of money in Medieval timesThe value of money in Medieval times

Pre-Decimal money (before 1971) is referred to in the Wharram Percy records.

10s and 4d meant Ten Shillings and 4 pence.

Old pence as they are now called had the letter d. after them not a p.

There were 12d (old pence) in a shilling (5p today) and 20 shillings in a pound.

That made 240d (old pence) in a pound instead of 100p today.The value, buying power, of money then can't be compared with today. The best way to imagine how much money was worth is to look at the pay people received then and how much things cost. Think of a fine as a number of days pay not 6d.

The value, buying power, of money then can't be compared with today. The best way to imagine how much money was worth is to look at the pay people received then and how much things cost. Think of a fine as a number of days pay not 6d. 1s 4d to the slater for repairing the Manor House roof over 16 days, plus

his food.

1s 3d to the thatcher for thatching the stable and dovecote over 20 days.

4d to the mason for mending the granary wall over 2 days.

Ken the Baker paid 3s 4d to the Lord for 6 months rent of one oven.

Villeins earnt hardly any money. Fines could be paid in produce.Villeins earnt hardly any money. Fines could be paid in produce.

25Y7 History

William Jordan for bad ploughing of the Lord's land

fined 6d

(6 old pence)

Craftsmen's wages were about 1d to 2d a day

26Y7 History

Alex, Gilbert and Henry badly beat Rufus after an argument

about firewood.

Were all fined 6d and they had to pay 12d damages to Rufus

between them.

27Y7 History

Henry Godswein refused to do the second Boon work of the autumn.

Was fined 2 shillings.

28Y7 History

Robert Robert's oxen wandered into the north field and damaged

the Lord's barley.

Was fined 6d.

29Y7 History

Emma called the Hue and Cry when Maud struck her but it

wasn’t carried out.

The whole village was fined 2 shillings between them for not

taking up the hue and cry.

30Y7 History

Agnes, who is poor, gave birth to a child when she was not married.

She was not given a fine because she was poor.

31Y7 History

Alice Miller for brewing weak beer and selling it before it was

officially tasted.

Was fined 2 shillings.

32Y7 History

John Lane broke his stepmother's wrist with a stick in her own

house.

Was put into the stocks for 24 hours.