Crime and punishment

• Medieval period


  Middle Ages
• Society structure in the medieval period

  • King
  • Earls
  • Thegns
  • Ceorls
  • Peasants/freemen
  • Slaves
• Categories of crime


  • Crimes vs. the person
  • Crimes vs. property
  • Crimes vs. authority
• In 1066 William of Normandy defeated the Anglo-Saxons and became the new king of England, ending the Anglo-Saxon period
• William decided to keep the majority of Anglo-Saxon laws as they seemed to work well in keeping communities from committing crime
• Forest Laws


  William I took control of huge areas of woodland and made them into Royal Forests, evicting villagers so the King and his friends could use the forests for hunting
• Poaching


  Hunting animals for food in the Royal Forests, which became illegal for peasants
• Poaching was seen as a social crime, as most people didn't agree it should be a crime and would turn a blind eye to it
• Anglo-Saxon law enforcement methods

  • Hue and Cry
  • Tithings
• Hue and Cry


  If a crime was committed, the victim/witness would raise the 'hue and cry' and the entire village was expected to join the hunt to catch the criminal
• Tithings


  Every male over 12 years old was part of a group of 10 men who were responsible for each others' behaviour, and had to bring a criminal member to trial
• New Norman law enforcement roles

  • Parish Constable
  • Sheriff
• Parish Constable

  A trusted volunteer in a village who had to keep the peace, watch out for crime and lead the hue and cry
• Sheriff


  Responsible for law enforcement across whole counties, working for and paid by the king, could raise a posse to track down criminals
• William started a massive programme of castle building, which became the centre for law and order in local areas
• Anglo-Saxon trial methods


  • Trial by local jury
  • Trial by ordeal
• Trial by local jury


  Someone accused of a crime was brought before a jury of local men from the village who knew both the accuser and the accused, to decide if the accused was guilty
• Trial by ordeal


  If the local jury could not decide, they turned to using trial by ordeal to let God decide the guilt/innocence of the accused
• The Normans introduced Church courts, where clergy who committed crimes were tried rather than in secular courts
• Trial by combat


  A new Norman method of justice where the accused fought with the accuser until one was killed or unable to fight on, the loser being hanged as God had judged him guilty
• William faced several uprisings against him after 1066 and was determined to make the power in the country more centralised around the position of the king
• William used harsh punishments against rebels, burning down homes, killing livestock and farmland, to show the English he was in control
• Anglo-Saxon punishments


  • Fines (wergild)
  • Blood feud
  • Capital punishment
  • Corporal punishment
  • Pillory and stocks
• Wergild


  A type of fine where compensation was paid to the victim of a crime by the guilty party, with different amounts for nobles and peasants
• Blood feud


  If someone was murdered, the family of the victim could legally hunt down and kill the murderer, to get retribution
• William continued to use fines but made them payable to the crown rather than the victim, ending the wergild system
• Murdrum fine


  A harsh fine payable by all members of a region if a Norman was found dead in the area, to protect the Norman people
• William increased the number of crimes punishable by death or mutilation as very visible reminders of the consequences of disobeying his laws
• Changes in law enforcement in the later medieval period (1100-1500)

  • Introduction of Royal Courts
  • End of Trial by Ordeal in 1215
• Sanctuary


  Safe areas in churches and cathedrals where criminals could claim sanctuary and avoid punishment
• Benefit of Clergy


  Churchmen or priests could not be punished in the king's courts and were instead handed over to the local bishop for punishment
• Other options for criminals in the later medieval period

  • Join the army
  • Buy a pardon
  • Get pregnant
  • Become a king's approver
• Law enforcement during Anglo-Saxon period


  Similar to law enforcement during Norman period in terms of community enforcement through tithings and hue and cry
• Law enforcement during Anglo-Saxon period


  Different to Norman period in the introduction of new roles like parish constables and sheriffs
• Use of fines during Anglo-Saxon period


  Different to Norman period as fines were now paid to the crown rather than the victim
• Role of the church in law enforcement during Anglo-Saxon period


  Different to later medieval period with the introduction of church courts and benefit of clergy
• Key questions on church vs king power

  • What happened to clerics who committed a crime?
  • What was Henry II hoping would happen when he appointed Thomas Becket as Archbishop of Canterbury?
  • What did Becket do?
  • What happened next?
  • Did the influence of the Church decline in the later medieval period?
• Crime and Punishment


  • 3 questions
  • 4 marker – difference between something across two time periods
  • 12 marker- explain why something has changed across two time periods – use factors as it is
  • 16 marker – judgement on the significance of a change – needs a line of argument
• Early Modern Period 1500-1700
• How crimes have changed and continued including heresy during the Tudor period and treason