c.1000-c.1500 Anglo-Saxon

• Aims of anglo saxon punishments in years c.1000 and c.1500 was for deterence and retribution
• Deterrence is the idea that punishment will stop people from committing crimes
• Retribution is used to make the criminal pay for their crime
• Serious crimes eg murder,arson treason could be punished by death
• Lesser crimes eg making false accusations or manufacturing fake coins could be punished by mutilation
• Crimes commited by slaves were punished by flogging or whipping
• For crimes eg murder or deliberate injury accused would have to pay a set fine to the victim and family which was called wergild
• Wergild means 'man price' or 'man payment'
• Different amounts of money to be paid were set down in the kings laws
• If someone was injured they were owned an amount based on which body part was wounded
• If they were killed their family recieved wergild
• Before wergild families got into blood feuds where they killed one another in revenge
• To stop blood feuds wergild was introduced to settle disputes and preventing lenghty feuds
• Earls were noblemen who were granted land by the king and were responsible for enforcing the law in their earldoms
• Their earldoms were vast so local representatives were used to enforce the law in shires and hundreds
• Sherrifs were noblemen who were appointed to govern a shire on behalf of the king and earl.
• Sherrifs could summon local men to join 'posse comitatus to help them catch criminals
• Sherrifs attended local shire courts to collect fines and ensure law was being followed
• Reeves enforced law in hundreds within a shire and they ran local hundred courts to bring criminals to justice and for disputes over debts
• Local people had a key role in catching criminals
• Ordinary people had a duty to catch criminals within their own communities and bring them to justice
• The Hue and Cry was used by ordinary people to chase down criminals, it involved shouting loudly to alert others that there was a criminal nearby
• Communties were divided into tithings which was a small group of men over the age of 12 who were responsible for the behaviour of everyone in their tithing
• The whole group within a tithing were responsible for bringing to court any member of the tithing who had been accused of a crime if not they would be fined in failing to do so
• When criminal was caught they were put on trial at hundred courts in front of a group of respected local men and officials
• Both accused and accuser produced witnesses who stated whether or not a crime took place but didn’t give any evidence this was known as compurgation
• Compurgation was a trial where accused had to swear and oath of innocence then had to gather local people to act as compurgators
• Compurgators where people who were prepared to swear an oath that the accused was telling the truth about their innocence
• If they couldn’t find enough people to be compurgators trial by ordeal was used
• Trial by ordeal was based on the belief that God could see a persons guilt or innocence and reveal it through the outcome of the ordeal
• The accused was made to fast for three days and pray before the trial so they would be pure and ready for Gods judgment
• Trial by boiling water was for men mainly where the accused would plunge an arm into boiling water if wounds didn’t heal well after 3 days they were guilty if it did they were innocent
• In some cases the accused was allowed to choose which type of ordeal they wanted but this wasn't always possible
• Trial By cold water was for men where the accused was tied up and plunged into a deep pool of cold water. If they floated they were guilty as it was seen that God was rejecting them if they sank they were accepted therefore they were innocent
• Trial by hot iron was for women where the accused had to walk a short distance holding a red hot iron bar if their wound didn’t heal after 3 days they were guilty
• Criminals were able to seek sanctuary in churches and authorities didnt have the right to arrest them if on holy ground of church so they were temporarily safe from law
• A fugitive needed to enter church or ring a certain bell to claim sanctuary and some churches had areas marked by sanctuary posts to show which sanctuary could be granted
• The limitations to privilege of sanctuary were:

  • A criminal had to meet certain conditions eg pay a fine or give up their property to gain sanctuary
  • Sanctuary would last 40 days after this criminals had to leave England or attend court
• In 1215 pope decided clergymen were not allowed to take part in 'judicinal tests' or trial by ordeal as he was the head of catholic church they were only allowed to take part in tirial by comabt as it didnt require clerygmen to be involved