Law & Order of the Middle Ages
During the time of feudalism in the Middle Ages , legal relationships existed between lords and their vassals in the form of an engagement or contract. At times of dispute, a vassal may rebel against his lord by breaking their engagement; this would be an act of renouncing his fief and establishing, officially, that he is no longer the lord's vassal. However, during all other times the vassal must follow the contract otherwise he would be committing a felony of failure to fulfill his obligations to the lord. The age of feudalism consisted of a complex system of hierarchy that allowed vassals to have vassals; in this case, the lord would not have any legal relationship between himself and a sub-vassal. It was for the reason of this law and order that one may label the middle ages as a time of feudalism.
The Court System of the Middle Ages
The Middle Ages consisted of several courts including the court of honor and the court baron. The court of honor was the principal manorial court which eventually fell into disuse. The court baron was attended by free tenants who served as both suitors and judges. Within the court tenure was decided, disputes between lords and vassals were settled, the payments of feudal dues were discussed, as well as the fulfillment or non-fulfillment of the feudal services. These courts were used for good citizens, while the customary court was run by the the lord's bailiff and was used for un-free tenants and villeins. As mentioned in an excerpt of the Magna Carta, the common council was the jury of the day, “No free man shall be… in any way destroyed, except by legal judgment of his peers.” Therefore, the common council was made up of the convicted person’s acquaintances and an accepted verdict was made. This explains “legal judgment by peers”. Because this time period was built on self-sufficiency and living within one's manor, having a court system filled with your peers proves that this was an age of feudalism.
In the beginning of the Middle Ages, many citizens were angry with the court system for pardoning so many criminals. The courts quickly responded to their complaints, and installed the death penalty. This became a widespread form of punishment, and most citizens would gather to see men and women hung. Not only was this exciting for the people, but it also reassured them that justice would always be served. In fact, it was so widespread that many manor records stated that more deaths were caused by this type of manslaughter than by accidents. However popular the death sentence was, it eventually became protested by people who realized its brutality. It was rumored that this protesting started when a pregnant woman was sentenced to death, and citizens argued until she was let free. After this, the death penalty dwindled, and was mainly replaced by mutilation as the chief form of punishment.
These harsh punishments were not the only place in the court system where violence was prominent. During most cases, courts relied on random and violent ways to prove a person's innocence. For example, an accused woman had to carry a burning rod for a set time. The wound was then wrapped and after three days, if the wound was infected, she was said to be guilty. Men, on the other hand, had to battle their way to being called innocent, quite literally. They participated in mock battles, though the rules and weapons used made sure that neither would be killed. If they won, they were set free.
Other cases relied on more peaceful and religious trials. The accused would be placed in holy water, and if they sunk they were called innocent, but if they floated, they were guilty. These random and often very quick trials were preferred by courts to make a clean, simple decision.
In the beginning of the Middle Ages, many citizens were angry with the court system for pardoning so many criminals. The courts quickly responded to their complaints, and installed the death penalty. This became a widespread form of punishment, and most citizens would gather to see men and women hung. Not only was this exciting for the people, but it also reassured them that justice would always be served. In fact, it was so widespread that many manor records stated that more deaths were caused by this type of manslaughter than by accidents. However popular the death sentence was, it eventually became protested by people who realized its brutality. It was rumored that this protesting started when a pregnant woman was sentenced to death, and citizens argued until she was let free. After this, the death penalty dwindled, and was mainly replaced by mutilation as the chief form of punishment.
These harsh punishments were not the only place in the court system where violence was prominent. During most cases, courts relied on random and violent ways to prove a person's innocence. For example, an accused woman had to carry a burning rod for a set time. The wound was then wrapped and after three days, if the wound was infected, she was said to be guilty. Men, on the other hand, had to battle their way to being called innocent, quite literally. They participated in mock battles, though the rules and weapons used made sure that neither would be killed. If they won, they were set free.
Other cases relied on more peaceful and religious trials. The accused would be placed in holy water, and if they sunk they were called innocent, but if they floated, they were guilty. These random and often very quick trials were preferred by courts to make a clean, simple decision.