Medieval Period 1066-1485. Characteristics of the Medieval Period.
Medieval justice
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Transcript of Medieval justice
Before and After Henry II
King ultimate source of Justice King’s court: highest court of appeal Travel and dispense justice = key role Writs drawn up by clerks overseen by Chancellor Authorised with King’s official seal
If King not available justices or delegated commissioners could try cases Justiciar King’s justices – travelling judges
County / Shire / Borough courts Where king’s writs made public Where legal customs of land made known, passed on
King’s Court
County, Shire or Borough
Court
Hundred Court
Feudal Court
Vill or Manor Court
Forest Courts
Some had jurisdiction over more serious crimes (eg rape,
murder). Depended upon a lord having been granted this
privilege. Otherwise feudal courts simply
where the lord dispensed justice to his
men and tenants.
Ultimate court of appeal. Enforced king’s rights; tried tenants-in-chief and serious disputes.Wide jurisdiction. Tried
most serious crimes such as rape and murder; also disputes between vassals
of different lords.
Sheriff checked tithings here. Also
dealt with land disputes between common folk and minor crimes like
petty theft.
Local courts managing local business, managing the manor and its fields, manorial offences, copyholds and where all males over 12 years old promised to
keep the peace.
King’s demesne. Overseen by Chief Forester.
Trial by cold water Accused thrown into pool of water Sank = innocent Floated = guilty
Court determined whether sinking or floating
About 2/3 passed
More usual ordeal for serfs and males About 83% of prosecutions
ordeals were ordeals by water
Trial by Hot Iron Iron blessed by priest then heated Accused walked set number of paces Hand bound for 3 days - inspected Healing cleanly = innocence
About 17% cases ordeal = hot iron
Mainly free men and females
If either ordeal guilty verdict Accused hanged or Foot cut off and banished from realm
within 40 days
Trial by Battle Originally usually used where
accusations made involving crime or property dispute
Alternative to hot iron Could appoint champion in certain
circumstances
Vanquished would then be punished Fined or hanged, depending on
crime
Clergy and town dwellers increasingly sought, and received, exemption from trial by battle
Accusations backed up by oaths
Juries sworn in on oath
Accusation could be refuted by an “exculpatory oath” Could be taken alone or with oath
helpers known as “compurgators” E.g. “prove your claim 12 handed” =
swear on oath with 11 others swearing alongside you
Especially used in Church courts and some urban courts
Decline in use and jurisdiction of feudal courts
Developed and increased use of juries
Increased and regularised visits from royal judges to shires Simultaneous assizes
Established Common Bench – new central royal court Development of core of expert royal judges Judgements became standardised and passed on
through realm body of common law
Standardised writs Returnable writs to track progress of case
Harsh mutilatory justice remained Harsher after Assize of Northampton 1176
Guilty lost both right hand and footNot guilty paid sureties for good behaviour
Glanville (1188) listed crimes punishable by mutilation or execution Treason, homicide, arson, robbery, rape
Special punishments for special crimes E.g. Murderers of Earl of Huntingdon’s baby
son tied to tails of 4 wild horses, torn apart
Alternative punishments: Ritual humiliation – e.g. Dishonest
traders Chester: brewing bad beer “shit seat”
Stocks – could be very painful
Moneyers – loss of right hand & castrated
Prison as punishment much rarer Assize of Clarendon (1166): jail built in
every county, in borough or royal castle
Often used for political incarcerations
Used for those awaiting trial
Used for those who made accusations and failed to follow them through