c p 1000-1500

• Crimes against the person

  • Murder
  • Serious assault
  • Public disorder
• Crimes against property

  • Arson
  • Theft, such as stealing crops, poaching
  • Counterfeiting coins
• Crimes against authority

  • Treason
  • Rebellion
• Definitions of crime changed as a result of the Norman Conquest in 1066
• William I wanted to establish his royal authority after the Anglo-Saxons so he added new crimes
• Forest laws

  • 30% of England became 'Royal Forest'
  • Farms were evicted from this land, had to pay to hunt on this land
  • Illegal to graze animals, kill animals and take goods without a license
• The forest laws seemed unfair to ordinary people
• As the Norman invasion was not welcomed, William punished very harshly, and it was estimated 100,000 starved to death due to destruction of farmland and animals
• Murdrum fine


  If an Anglo-Saxon murdered a Norman and the culprit was not found, a large sum of money had to be paid by the hundred (area of land) where the body was found
• Anglo-Saxon law enforcement


  • Groups of 10 men in each tithing responsible for each other
  • Shire reeve (later sheriff) made sure court and punishment was carried out
  • Hue and cry - victim shouted to alert others to catch criminal
• Anglo-Saxon courts


  • Royal courts - serious crimes
  • Shire courts - lesser crimes
  • Hundred courts - petty crimes
• Oaths


  Accused could swear their innocence to God, a major part of Anglo-Saxon justice
• Trial by ordeal


  If judge could not decide, the accused was handed over to the church for God to decide using trial by ordeal
• Norman law enforcement


  • Continuity of most cases remaining the responsibility of the community
  • Trial by combat highlighting the more military nature of Norman society
• Later medieval law enforcement


  • Authorities became more involved with crime as towns grew in the 13th and 14th centuries
  • Parish constables - local people nominated by the community, unpaid position, held post for 1 year
  • Some towns also had a night watch
• Trial by ordeal and trial by combat abolished in 1215
• Anglo-Saxon punishments

  • Fines and compensation most common
  • Corporal punishment fairly common
  • Capital punishments rarely used
• Norman punishments

  • Use of corporal and capital punishments rose dramatically
  • Breaking forest laws led to castration
  • Blinding and hanging
  • Vergild system ended and fines paid to the king
• Later medieval punishments

  • Decrease in capital punishments, although crimes against authority still treated harshly
  • Corporal punishments widely used
  • Fines become more common
• Retribution

  Making the criminal suffer, e.g. corporal punishment
• Deterrence

  Preventing others, e.g. capital punishment or public humiliation
• The church was extremely powerful throughout this period
• Church courts in the 13th century

  • Used for moral crimes such as sex outside marriage
  • Benefit of clergy - people could prove their right to be tried by the clergy by reading a passage from the Bible
• Many laymen memorised the Bible passage to claim the benefit of clergy, which was not available to women
• Church courts were generally more lenient with punishments to give people the chance to refrain
• The justice system was not equal as people could be treated differently (women couldn't be priests)
• Sanctuary

  • Protection from the law offered by some important churches
  • Accused could either go to court or swear an oath to leave the country within 40 days
• Sanctuary and benefit of clergy showed how the church operated an alternative system outside the control of other authorities