Crime and Punishment

• Types of Crime in Anglo-Saxon England

  • Theft
  • Murder
• Types of Law Enforcement in Anglo-Saxon England

  • Tithings
  • Hue and Cry
  • Parish Constable
  • Trial by Local jury
  • Trial by Ordeal
• What were tithings?

  Every male over the age of 12 had to join one. Group of 10 men who were responsible for everyone else’s behaviour. If one of them broke the law, the other members of the tithing had to bring him to court
• What was hue and cry?

  If a crime was commited the victim was expected to raise a ‘hue and cry’. The entire village had to stop what they were doing and join in the hunt to catch the criminal. If someone didn’t join in they would be fined
• What was a Parish Constable?

  A local man given the duty of making sure law and order was followed in the village. This job was unpaid
• What was trial by local jury?

  The accused person would be judged by 10 men from the local community, they would have know both the victim and accused
• What was trial by ordeal?

  If trial by local jury failed, saxons would turn to trial by ordeal which let God decide if the accused was guilty
• Punishment in Anglo-Saxon England

  • Wergild
  • Capital punishment
  • Corporal punishment
• What was Wergild?

  A system of fines used for different crimes by the Saxon. The fine was paid to the victim or the victim’s family
• What is capital punishment?


  Being executed for a crime
• What is corporal punishment?

  Punishing and offender by causing them physical pain
• Changes William the Conqueror made to law enforcement

  • Trial by Combat introduced
  • Royal Courts
  • Sherriff and Posse Comitatus
  • Church Courts introduced
• Changes Normans made to law

  • Henry II introduced King’s Peace Law
  • Forest Laws
• Changes to punishment in Norman England

  • Wergild fine ended - all fines for crimes paid to king
  • Murdrum fine introduced
• What was the Sheriff and Posse Comitatus

  If the hue and cry failed the local sherrif would be informed, and he would gather a group of men to go and hunt for the criminal
• What was the Murdrum Fine?

  If a Norman was murdered, all the people in that region would have to pay an expensive fine
• What was Trial by Combat?

  The accused fought with the accuser until one was killed or unable to fight. The loser was hanged as God declared him to be guilty
• What were Church Courts?

  Seperate courts which were used for churchmen and were more lenient and didn’t use capital punishment
• What were Royal Courts?

  Only used for serious crimes. Royal Judges were appointed to represent the King and to ensure that justice was carried out
• What were the Forest Laws?

  Laws that made it illegal to chop down trees or hunt in forests that were declared to be the King’s
• What were Travelling Justices

  People given power by the king to hear court cases on his behalf and pass sentences on people found guilty
• Who were Justices of the Peace

  Men who had the right to fine and arrest people who were disturbing the law - introduced in 1361
• Who were County Coroners?

  People specifically appointed to investigate unexpected deaths
• What crimes did church courts often deal with?

  Moral offences such as failing to attend church, drunkenness and adultery
• What was Benefit of the Clergy?

  If a person was accused of a crime they had the right to be tried in a Church court (where punishments were less severe) You would have to prove you were a member of the clergy by reciting Psalm 5:13
• What was sanctuary?

  If a criminal was on the run, they could claim sanctuary by hiding in a church. They had 40 days to decide whether to leave the country or to leave the church and be arrested. During the 40 days they were protected by the Church and couldn’t be arrested
• Why was Trial by Ordeal ended?

  It was seen as unreliable because guilty men and women could escape punishment
• Which social changes affected crime and punishment in Early Modern England?

  • Population Growth- More people caused an increase in crime
  • Economic Change - Poverty cause increase in crime
  • Printing - Dramatic news stories increased fear of crime
  • Political Turmoil - feeling of insecurity increased fear of crime
  • Landowners’ attitude- felt threatened by growing number of poor people and wanted to keep them in their place
• Changes in crime in Early Modern England

  • Huge increase in accusations of Witchcraft
  • Heresy
  • Vagabondage
• What was heresy?

  Disagreeing with the Church
• What were vagabonds?

  People with no fixed job and wondered around countryside and towns
• Why was society so harsh towards vagabonds?

  • They were seen as undeserving, lazy and unchristian
  • Society felt threatened by them
  • They were associated with crime
• Continuity in Law Enforcement in Early Modern England

  • Hue and Cry was still relied upon as was the passe comitatus
  • Parish Constables remained the main defence against crime
• Change in Law Enforcement in Early Modern England

  • Benefit of the Clergy ended as more people were able to read and able to cheat
  • Habeus Corpus Act was passed in 1679 and prevented authorities from imprisoning anyone without charging them with a crime. Still in use today
• Continuity in punishment in Early Modern England

  • Capital punishment still used for major crimes like murder and treason
  • Execution either by hanging or burning at the stake was carried out in public in order to deter people from committing crime
• Changes in punishment in Early Modern England

  • Capital punishment use increased greatly, this was called the Bloody Code
  • Transportation
• What were Houses of Correction?

  Used for criminals such as vagabonds and repeat offenders. Inmates were made to do hard labour and were often whipped
• What were Gaols used for?

  To hold people before a trial
• What was transportation?

  Criminals were sent to American colonies (later Australia) to do labour
• Why did witchcraft become such a big deal in Early Modern England?

  • Religious termoil led to a lot of confusion and what was once acceptable was now heresy
  • James I created panic through his fear of witches. His book Daemonologie described the horrors of witchcraft
  • Many famines and economic hardships happened during this time so people needed a scapegoat