CRIME AND PUNISHMENT
Before Charlemagne, the Frankish Empire's court system was considered very good. It did have a
problem and that was how someone was put to trial. Before Charlemagne, the Frankish court system
used a system called trial by ordeal.
Trial by Ordeal meant that if you were a peasant and were accused of a crime, to prove your
innocence you had to grab a red-hot metal rod and hold it. If your burns healed within three days you
were innocent, if not you were guilty.
Charlemagne didn't like that system. He thought it unfair to expect a miracle to occur to prove your
innocence. So, Charlemagne created a new system called trial by panel.
Under this system, a group of learned men would listen to the testimony and look at the evidence
and then pronounce guilt or innocence. From this system of trial by panel we got our own system of
trial by jury.
Video that explains it some more: https://www.youtube.com/watch?v=snVbGOrHZaY
Although there were jails, they were generally
used to hold a prisoner awaiting trial rather
than as a means of punishment. Fines,
shaming (being placed in stocks), mutilation
(cutting off a part of the body) or death were
the most common forms of medieval
punishment. There was no police force in the
medieval period, so law-enforcement was in
the hands of the community.
The Manorial Court (Trial by Jury)
The manorial court dealt with all but the most
serious crimes. It was held at various intervals
during the year, and all villagers had to attend
or pay a fine. All men were placed in groups of
ten called a tithing. Each tithing had to make
sure that no member of their group broke the
law. If a member of a tithing broke a law then
the other members had to make sure that he
went to court.
The Lord’s steward was in charge of the court.
A jury of twelve men was chosen by the
villagers. The jury had to collect evidence and
decide whether the accused was guilty or not
guilty and, if found guilty, what the medieval
punishment should be.
The King’s Court (Trial by Ordeal)
Serious crimes were heard by the King’s court.
The accused had to face trial by ordeal to
decide whether they were guilty or not guilty.
Ordeal by Fire
The accused had to pick up a red-hot iron bar
and hold it while they walked three or four
paces. Their hand was then bandaged. After
three days they had to return to the court
where the bandages were removed. If the
wound was beginning to heal, they were
innocent but if the wound showed no sign of
healing then they were pronounced Guilty.
Ordeal by Water
The accused had their hands and feet tied
together. They were then thrown into water. If
they floated, they were guilty but if they sank
(and drowned) they were innocent.
Ordeal by Combat
Noblemen would fight (usually to the death) in
combat with their accuser. The winner of the
battle would be considered to be in the right.
After 1215 Trial by Ordeal was replaced by
Trial by Jury.
https://www.historyonthenet.com/medievallife-crime-and-medieval-punishment
FEUDAL SYSTEM
In medieval times, most of the people were peasants, farmers who worked all the time just to grow
food. They were protected by the Nobles. But who made up the nobility? The Nobility included the
landowners, the King, Lords and Ladies, and Knights of the kingdom.
The King: The King was the highest noble of the land. In theory, the king owned all the land. The King
gave out fiefs to his followers, which put them in charge of a portion of the land. The fief holder had
to pay the king rent, taxes, and provide soldiers whenever the king needed them.
A Lord: A Lord was given a fief (parcel of land) by the king. The lord was expected to pay taxes to the
king and provide soldiers when needed. To do that, the lord was given absolute power over his land.
Within it, a lord's word was the law. Whatever the lord said, the people had to do.
A Lady: A Lord also needed a wife who was called a Lady. Her job was to take care of the manor, run
the house, and most importantly to have children. Women in medieval times had no rights. They
were property. They belonged to their father, husband or even eldest son. This is not to say some
women didn't take charge, but the law said they were property.
Children: A boy learned how to be a Knight starting at about seven years old. Sometimes they were
even taught how to read and write. Girls were not. They were instead expected to learn from their
mother all the skills of being a good wife.
The common people were divided into peasants and serfs. There was a huge difference between
being a peasant and being a a serf.
Serfs were bound to the land. They were almost like slaves. The people could not be bought and
sold, but they could not leave their land without permission. Their land could be bought and sold. The
land and all the food they grew belonged to the manor (noble). A serf's job was whatever the noble
told them it was, carpenter, blacksmith, baker, farmer, and tax collector, serfs did it all. A serf could
buy their own freedom if they could get the money, but where could they get the money? They were
uneducated and mostly unskilled.
Peasants were free sort of. Sometimes they owned their own business or small plot of land, again
most were uneducated and unskilled. They were in the same boat as the serfs.
https://medievaleurope.mrdonn.org/nobility.html
https://medievaleurope.mrdonn.org/commoners.html
https://www.ducksters.com/history/middle_ages_feudal_system.php
Hierarchy of Rulers
King - The top leader in the land was the king. The king could not control all of the land by himself, so
he divided it up among the Barons. In return, the Barons pledged their loyalty and soldiers to the
king. When a king died, his firstborn son would inherit the throne. When one family stayed in power
for a long time, this was called a dynasty.
Bishop - The Bishop was the top church leader in the kingdom and managed an area called a diocese.
The Catholic Church was very powerful in most parts of Medieval Europe and this made the Bishop
powerful as well. Not only that, but the church received a tithe of 10 percent from all the people. This
made some Bishops very rich.
Barons and Nobles- The Barons and high ranking nobles ruled large areas of land called fiefs. They
reported directly to the king and were very powerful. They divided up their land among Lords who
ran individual manors. Their job was to maintain an army that was at the king's service. If they did not
have an army, sometimes they would pay the king a tax instead. This tax was called shield money.
Lords and Knights - The lords ran the local manors. They also were the king's knights and could be
called into battle at any moment by their Baron. The lords owned everything on their land including
the peasants, crops, and village.
Peasants or Serfs
Most of the people living in the Middle Ages were peasants. They had a hard rough life. Some
peasants were considered free and could own their own businesses like carpenters, bakers, and
blacksmiths. Others were more like slaves. They owned nothing and were pledged to their local lord.
They worked long days, 6 days a week, and often barely had enough food to survive.
Interesting Facts about the Feudal System
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Around 90 percent of the people worked the land as peasants.
Peasants worked hard and died young. Most were dead before they reached 30 years old.
The kings believed they were given the right to rule by God. This was called "divine right".
Lords and Barons swore oaths of homage and fealty to their kings.
The Lord held absolute power over the fief or manor including holding court and deciding
punishments for crimes.
OTHER STUFF
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Power of the Church: During medieval times, the church was all powerful. The only way to get
to heaven was to follow the Bible. However, since most people couldn't read. the local priest
had to read it to them. The local priest could tell people that the Bible told them how to
behave, who to obey, even who to marry.
New Ideas: Since most people never left their village area, ideas spread throughout Europe
through the priests and wandering musicians and traders. This was a slow process.
Commoner Homes: Peasants homes were usually one room huts, made of logs held together
with mud, with thatched roofs. There was a hole in the roof for the smoke to get out so
people could cook inside. Homes had little furniture, perhaps a three-legged stool and beds
made of straw covered with a leather toss. There were pegs on the walls to hold clothes. They
usually had iron cooking pots and pans.
Food: Peasants grew their own food. Three days a week, they worked to provide food for the
lord of the manor. Three days a week they worked to provide food for themselves. Sunday
was a day for prayer. They kept bees to make honey. They drew water from the village well,
or if they were lucky, from a nearby stream. They kept fruit trees. They grew vegetables. They
kept chickens. A peasant might own a cow for milk.
https://medievaleurope.mrdonn.org/commoners.html