crime and punishment

• Eras covered


  • Anglo-Saxon
  • Norman
  • Later Middle Ages
  • 1500-1700
• Changes in crime


  • New crimes such as stealing from the Church more serious than stealing from others and fines for those who do not obey the rules of the Church in Lent
  • After the Norman invasion, the Normans introduced a number of laws to increase their control including the murdrum and Forest Laws
  • Statute of Labourers after the Black Death, Heresy laws against those who questioned the Church
• Wergild


  Anglo-Saxon system based on the payment of money compensation to the victim. Attempt to end blood feuds.
• Tithings


  System of collective responsibility of 10 free men. If a criminal wasn't caught, the entire tithing had to pay. They were also responsible for getting the criminal to court.
• Hue and cry


  When a crime was committed, witnesses would raise an alarm and the tithing would have to chase the criminal. Lasted from Anglo-Saxons to Middle Ages.
• Trial by community


  Started in Anglo-Saxon era where local men who knew the people involved would make up a jury who would decide in a court who was guilty
• Trial by ordeal


  If a jury could not agree, Anglo-Saxons and Normans used trial by ordeal which would reveal the judgement of God (e.g. Trial by Cold Water, Trial by Hot Iron)
• Benefit of clergy


  Priests could only be tried by Church courts, which had no power to use the death penalty
• Right of Sanctuary


  A criminal who could get to the sanctuary of a church could not be arrested. If he confessed his crime, he would be allowed to leave the country.
• Constitutions of Clarendon


  Henry II bringing together Anglo-Saxon, Norman and royal laws in 1164 to protect the power of the King.
• Types of crimes


  • Crimes against authority
  • Crimes against the person
  • Crimes against property
• Role of the Church in punishment and law enforcement

  • Anglo-Saxons: Very strong, e.g. oaths, trial by ordeal, sanctuary
  • Normans: Very strong, e.g. benefit of clergy, trial by combat
  • Late Middle Ages: Church continued to be powerful and influenced a decline in harsh physical punishments
• Role of the local community in punishment and law enforcement

  • Anglo-Saxons: Tithings, hue and cry, trial by community, oaths
  • Normans: Largely continued Anglo-Saxon rules
  • Late Middle Ages: Duty to help form a posse comiatus, local Keepers of the Peace became Justices of the Peace
• Punishments


  • Anglo-Saxons: Wergild, execution, corporal punishment, stocks
  • Normans: Murdrum, many crimes punishable by death
  • Late Middle Ages: Hanged, drawn and quartered for high treason
• Trial by ordeal ended in 1215 after the Pope ordered priests should stop organising it
• Wergild replaced with murdrum, paid to the King
• General trends


  • Anglo-Saxon era: Power and influence of the king grew, role of the Church increased, use of punishments increased
  • Norman rule: Power and influence of the King grew, power of the Church continued to grow
  • Later middle ages: Despite Henry II's attempts, the Church remained a powerful force and the King was unable to take its power away
• Role of the King

  • Anglo-Saxon era: Increased control over the Kingdom
  • Norman rule: William I increased control through extreme punishments, castles and the 'Harrying of the North'
  • Later Middle Ages: Increased power, Constitutions of Clarendon by Henry II reorganised the courts and set up prisons
• New law enforcers in the Late Middle Ages

  • 1194: King Richard I introduces coroners
  • 1195: Richard I appointed knights as keepers of the 'king's peace'
  • 1327: Edward III appointed 'Justices of the Peace' to carry out magistrate duties and enforce the law
• New crimes 1500-1700


  • Heresy = treason, Smuggling, Vagabondage
  • Puritan rule: New moral laws introduced, banning sports, drinking, Christmas gatherings
  • Rural crimes: Enclosure of common land
• Changes in law enforcement 1500-1700

  • Thief Takers, Night watchman, Town constables
• Changes in punishment 1500-1700

  • Use of capital and corporal punishments: Burning at the stake, Bloody code, Witches hanged, Treason leading to hanging, drawing and quartering
  • Beginning of transportation to North America and Australia
• Deserving poor


  Beggars who were thought to deserve help as they were sick, injured or elderly
• Sturdy beggars


  Also known as 'vagabonds' and were thought to be considered lazy. From 1531, all beggars divided up into either deserving poor or sturdy beggars with the latter punished.
• Hanged, Drawn and Quartered (H, D & Q)


  Hanged by the neck till almost death. Intestines cut out and burned before you. Head chopped off and body divided into four quarters and taken across the country as a warning to others.
• Divine Right


  Belief that God gave power to kings and queens and therefore breaking the law was challenging God.
• Hierarchy


  Belief that society had a strict ordering with groups of people above, or below, others in terms of their wealth, power and rights.
• Heresy


  Not following the established religious beliefs of the time (generally disagreements between different types of Christians).
• Social crime


  An activity that, while illegal, most people did not think it was wrong.
• Capital and corporal punishment

  Capital punishment is the death penalty. Corporal punishment include physical punishments such as whipping.
• Henry VIII declared himself head of the Church of England in 1534, closed down Catholic monasteries and took their wealth and land. He remained a Catholic though.
• Intestines cut out and burned before you. Head chopped off and body divided into four quarters and taken across the country as a warning to others.
• Divine Right


  Belief that God gave power to kings and queens and therefore breaking the law was challenging God
• Hierarchy


  Belief that society had a strict ordering with groups of people above, or below, others in terms of their wealth, power and rights
• Heresy


  Not following the established religious beliefs of the time (generally disagreements between different types of Christians)
• Social crime


  An activity that, while illegal, most people did not think it was wrong
• Capital punishment


  The death penalty
• Corporal punishment


  Physical punishments such as whipping
• Henry VIII


  • In 1534, following arguments with the Catholic Church about a divorce, Henry declared himself head of the Church of England. He closed down Catholic monasteries and took their wealth and land. Henry remained a Catholic though he would execute Catholics for not taking the Oath of Supremacy and Protestants for heresy.
• Mary I


  • Strict Catholic who tried to restore the Catholic Church in England and made the Pope head of the England Church. Executed almost 300 people for heresy.