crime and punishment

• The medieval period covers the end of the Anglo-Saxon era, Norman England and later medieval England
• Across all three eras there were some actions that have always been regarded as crimes, such as theft and murder
• Crime


  An activity that breaks a law. Laws are made by the people who govern a country.
• Types of crimes in medieval England

  • Crimes against the person
  • Crimes against property
  • Crimes against authority
• Crimes against the person

  • Murder
  • Assault
  • Public disorder
  • Rape
• Crimes against property


  • Arson
  • Theft
  • Counterfeiting
• Crimes against authority


  • Treason
  • Rebellion
• During the Anglo-Saxon period, crimes that threatened the authority and wealth of the ruling class were considered serious and harshly punished
• By 1000, Anglo-Saxon kings were issuing codes of law that made certain actions crimes, illustrating the growing power of the monarch
• After 1066, the importance of the king in making laws grew as his authority increased
• William I added new laws that created new crimes, showing how a powerful king can lead to change
• After Henry II became king in 1154, standard laws were written down, meaning there was a uniform legal system across the whole country for the first time
• Poaching


  Hunting wildlife or using other people's land without paying hunting rights, a form of theft that increased dramatically after the Forest Laws
• The Norman Invasion was not welcomed by the Anglo-Saxons and there was much resistance for the first few years, including large rebellions
• Betraying your lord and joining rebellion against a king had been crimes in Anglo-Saxon times, but William I pushed these crimes much more harshly to try to assert his authority
• William I ordered the death penalty for the rebels themselves, and also punished those who were not directly involved in the rebellions, resulting in 100,000 people starving to death due to the destruction of farmland
• Murdrum fine


  A new law used to help establish Norman authority, where a large payment had to be made by the hundred where the body of a murdered Norman was found
• Throughout medieval times there was no official 'police force', and the community was largely responsible for both preventing crime and catching criminals
• Around the year 1000, most people lived in small hamlets, farms, villages or a few small towns, and this tight-knit community structure helped keep the crime rate fairly low
• The Church played a significant role in law enforcement during the Anglo-Saxon period
• Hue and cry


  The victim or a witness to a crime raised the hue and cry, and others in the community were expected to chase and help catch the suspected criminal
• Courts dealt with crimes, with the most serious crimes handled by royal courts, lesser crimes by shire courts, and petty crimes by hundred courts
• Court hearings where punishments were decided took place in public
• Oath-swearing before God was a major part of Anglo-Saxon justice, with the accused and others able to support them as 'oath-helpers'
• After 1066, the Normans kept much of the Anglo-Saxon system of law enforcement, but there were more changes in later medieval times
• Norman law enforcement


  • Continuity: Anglo-Saxon system of tithings, hue and cry, and court system continued
  • Change: Normans introduced trial by combat, and used foresters to police the Royal Forests
• Later medieval law enforcement

  • Continuity: Hue and cry system continued, as did things
  • Change: Parish constables led the chase, some towns had a night watch, trial by ordeal and combat were abolished
• Parish constables


  Local people nominated by the community to arrest suspects and try to keep the peace
• Role of government-appointed officials

  • Change: Knights appointed as keepers of the peace, Justices of the Peace gained power to hear minor crimes, sheriffs expected to track down criminals
• Types of medieval punishment

  • Fines and compensation
  • Capital punishment
  • Corporal punishment
• Punishments varied depending on the criminal's social status and gender
• The Norman Invasion was not welcomed by the Anglo-Saxons, and harsh public punishments were seen as the best way to make people behave
• Corporal punishment


  Physically hurting the criminal
• Retribution


  Making a criminal suffer for the crime committed
• Deterrence


  Trying to prevent others or the criminal from carrying out crime
• Throughout the medieval period, the Church was extremely powerful and played a direct role in deciding what constituted a crime, how the accused was tried, and what punishments were handed out
• Benefit of clergy


  Church courts tried members of the clergy for all crimes, and many laymen memorised Bible passages to claim this benefit and receive more lenient punishments
• Sanctuary


  Protection from the law offered by some important churches, where the accused could either go to court or swear an oath to leave the country
• Trial by ordeal


  Methods used by the Church to determine a person's guilt or innocence, seen as God's judgement, abolished in 1215
• Criminal proceedings begin when a person is charged by the police or CPS (Crown Prosecution Service) with committing a criminal offense.