crime and punishment 1000-1500

• Society in Medieval England was the result of settlers from Germany mixing with the existing population after the Romans left England.

  Early society

  • Early kings had allowed blood feuds to take place which meant that victims of crime could punish criminals themselves.
  • This method of controlling crime was not seen as fair by the Anglo-Saxons.
  • By 1000 AD, Anglo-Saxon England was made up largely of farming communities that shared the responsibility for maintaining law and order.
• • poaching
  • Poaching was an example of a social crime.
  • Many people lived together collectively farming land so the population turned a blind eye to poaching as it was considered acceptable to survive in this period.
• • Crimes against the person would include insulting your friend or neighbour or something as serious as murder.
• In 1066 the Normans invaded England and William Duke of Normandy, following his victory over Harold and the Battle of Hastings, became the new King of England.
• Changes under the Normans

  • The most obvious change following the Norman Invasion was the building of castles.
  • The Normans did this to protect themselves and exert their authority over the area.
  • Furthermore, they introduced a new language to the country
• Forest laws

  • The Normans also introduced the Forest Laws.
  • They claimed that all forest land belonged to the King and therefore trees could no longer be cut down for fuel.
• Reaction to new laws

  • In addition, those living in the forest were not allowed to own dogs or use bows and arrows.
  • Many normal people ignored this new law as they were happy to break the law in order to be able to survive.
• Enforcing the Law in the Early Medieval Period

  In the absence of an official police force, local communities policed themselves. The communities had a number of different methods to do this; tithings, the Hue and Cry and local constables.
• Tithings

  • Every male over the age of 12 was expected to join a Tithing.
  • The Tithing was a group of 10 men who were responsible for each others’ behaviour.
  • If one of the men broke the law, the other members of the Tithing had to bring him to court or ensure that any fines due were paid.
• The Hue and Cry

  • Following a crime being committed either the victim or any witness was expected to raise the Hue and Cry.
  • The entire village would have to stop their current work, down tools and chase after the criminal.
  • If anyone chose not to join the Hue and Cry then the whole village would have to pay a fine.
  • If the Hue and Cry failed then the Sheriff would group together a Posse of men which would continue the search.
• Trial by jury

  • Members of the local community formed a jury.
  • This was made up of men from the village that knew both the accused and the accuser.
  • The accused and the accuser would tell their version of events and the jury would decide who they thought was telling the truth.
  • If there was no evidence, for example an eyewitness to the crime, the jury would decide based on their own knowledge of the two parties involved.
• Compurgation

  • In examples where the jury felt that the accuser was more honest than the accused they would take an oath called Compurgation.
  • The jury would swear that the accused was guilty.

  Constables
• Constables

  • Well respected men in the village would be expected to take on the role of Constable.
  • This would usually be a local landowner or well-respected tradesman.
  • They would be expected to take the role for one year and the main responsibility was to keep the peace in their spare time.
  • They would need to keep an eye for crimes being committed and lead the Hue and Cry when necessary.
• Punishments in Medieval England

  The main principles behind punishments in the Medieval Period were deterrence and retribution.
• Deterrence and retribution

  • Punishments were supposed to be severe enough that they would deter people from actually committing a crime.
  • Retribution is the idea that a person should ‘pay’ for what they have done.
• Deterrence and retribution

  Corporal punishment

  • This is the method of punishment to the body and could result in a period of time in the stocks and pillory.
  • Often offenders would find themselves with either their head and hands or their ankles clamped between two pieces of wood.
  • This punishment would take place in public, with the idea being to humiliate offenders and ultimately deter others from committing crimes.
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  Reoffenders

  • Re-offenders were treated more harshly.
  • Sometimes they would face mutilation to parts of their bodies, such as cutting off a hand, ear or nose, or even ‘putting-out’ the eyes.
  • Again the severity of this punishment was designed to deter them from further crimes.
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  Fines

  • A system of fines was used in Medieval England. This was known as the Wergild.
  • The main principle was that the offender paid an amount of money to the victim of their crime. This method was mainly used in cases of crimes against the person or property.
  • The amount of money paid was directly linked to the crime that had taken place.
• Capital punishment

  • The death penalty or execution was reserved for serious crimes. Treason would be a crime that resulted in the death penalty.
  • Treason is when you go against your King or betray your Lord. The punishment was severe again in order to show others how important it is to be loyal to those in authority.
• Prison

  • In Medieval England, prison was not widely used in the same way as it is today.
  • There were two main reasons why you could end up in prison:
  • You were either waiting to be executed or you were being held in debtors prison because you owed someone money.