Tutorial Notes

Outlawry Sources: ? Must look at context of use and audience Ideas of the ballads: ? Personal relationships, feud, justice and the deserving and undeserving ~ Medieval values ~ Crime may not be the main issue - vehicle to tell the story ? Problems of the justice system - criticism of royal justice? ~ Corruption, guilt nad innocence ~ King's justice v. king's person - issues of power ? Foulk Fitz Warin - contrast with the past? ~ 12th century figure - 14th century ballads ? Outlaws fighting against the system ~ Robin Hood may be seen to be good ~ The audience knows something that the characters do not Freedom: ? Unfree - serf, villain -> could only litigate in the lord's manor court ~ Very important ? Before period - were either free or unfree ? Development - free or unfree dependent upon the type of land you held ? Free - common law court? Many personal links with responsibility and duty ~ Service and lordship ~ Patronage and clientage ~ Outlaws are outside this ~ No service or reciprocity They do as they want to do, not as they have to do ~ Also lack of constraints of family life The Forest: ? Resentment of forest law ~ Includes a lot of agricultural land ~ Not an escape from the law - better to be under the king's jurisdiction? ? Forest - refuge / royal justice / dangerous wilderness / wolves ~ Contradictory cultural associationsAll records tell a story ~ May not accurately represent the event HomicideIdeas of self-defence, prevention of crime through punishment and negligenceDeath by misadventure ~ Cannot control the situation Much counted as accidental - idea of malicious intent Theft was always intentional - stealth and premeditation ~ Much higher prosecution and execution rates Records of facts can also show attitudes e.g. intention?Justified homicide: ? Homicide was allowed against outlaws and in cases of self-defence ? king's pardon ? Sometimes juries invent cases of self-defence in situations of burglary and theft ? Hamsocken - housebreaking and invasion of space ~ Malicious intent ~ Common agreement that it is acceptable to defend your property with violenceMarxist idea that state is more interested in property than personal safety? Community safety Ideas of kinship - jury allowed kin to protect each other Sources: ? Have to analyse sources for the truth in them ~ e.g. 'dying in wife's arms' is symbolic - used to show murder ? Formulaic records ~ Hurnard - due to court or do the appellants express their stories in this language? ? Juror made distinction between truth and rhetoric ~ Yet jury still accept the story Witnesses: ? Wife can only appeal if her husband 'died in her arms' ~ Importance of being an eyewitness ~ Ideal eyewitness is a male adult ~ Worst witnesses were female, low status, stranger or children ? Some used an elaborate description to show their knowledge of the situation ? Compurgation or oath-helping ~ Others attest to your innocence or good character ~ Becoming an antiquated procedure ? Jury of matrons only used for male impotence, virginity or pregnancy ~ Women are not usually reliable in criminal law Violence: ? Carried weapon ? more likely violence 

Buy the full version of these notes or essay plans and more in our Crime and Punishment in England c.1280-c.1450 Notes.