Crime, punishment and law enforcement in medieval England, c1000-c1500
Crime, punishment and law enforcement in Anglo-Saxon England
Crime in Anglo-Saxon England
● Crimes against authority ranged from starting a fight with a noble to treason.
● Towns were growing due to trade with Europe and coined money, so there were more
opportunities for crimes against the person and crimes against property.
● The Church had a responsibility to stop moral crimes, such as public drunkenness.
Law enforcement in Anglo-Saxon England
The role of the community:
● Each hundred was divided into ten tithings, where all men were responsible for the behaviour of
each other.
● One man from each hundred and each tithing met regularly with the king's shire reeve to
prevent crime, particularly cattle theft.
● Anyone who witnessed a crime could raise a hue and cry, and anyone who heard it was expected
to help capture the suspects.
● Out of the population of 2 million, 90% lived in villages and each village had a reeve who carried
out decisions made by local courts.
The role of religion:
● The accused could swear their innocence under oath, but if someone was a repeat offender or
caught red-handed, they were not given this option.
● Trial by ordeal was a way to test whether the accused was innocent in the eyes of God,
consisting of trial by hot iron, hot water and cold water.
● In trial by hot water, one of the accused's hands was burned and bandaged, and if it healed well,
the person was deemed innocent.
Punishment in Anglo-Saxon England
● The wergild was a fine determined by social status paid to the victim's family, intended to reduce
blood feuds.
● Capital punishment, usually hanging, was used for treason and arson, which were viewed very
seriously as they damaged the property of the ruling class.
,● Corporal punishment, such as mutilation, was used as a deterrent for lesser crimes as the
criminals served as a reminder of the consequences of committing crime.
● Public punishments, using the stocks or pillory, combined physical discomfort and public
humiliation.
Crime, punishment and law enforcement in Norman England
Crime in Norman England
Murdrum:
● The murdrum was a fine paid by the hundred where the body of a Norman was found if the
murderer was not captured.
● It was designed to prevent revenge murders and make it less likely that people would cover up
the crime of a neighbour.
● It shows continuity with the Anglo-Saxon system of shared responsibility and the wergild.
Forest laws:
● The Forest Laws meant that what had previously been common land was now controlled by the
king and that hunting wild animals was now a crime called poaching.
● Poaching was a social crime as it was illegal but most people in society did not disapprove of it.
● Foresters were hired to enforce these laws and anyone who was caught faced harsh
punishments, including hanging and castration.
Outlaws:
● Any man who avoided trial by running away was declared an outlaw, and women who ran away
were said to be 'waived'.
● Outlaws and waived women lost the protection of the law and could be killed without any legal
consequences.
● Outlaw gangs, such as the Folville gang, carried out serious crimes, including kidnapping and
extortion.
Law enforcement in Norman England
Continuity:
● Law enforcement was based on the idea of the king's mund, which was similar to the king's
peace.
,● Trial by ordeal and collective responsibility was continued, including the tithings and the hue and
cry as most people still lived in villages.
Change:
● Law enforcement became more centralised and the king's authority was increased.
● Trial by combat was introduced, often to settle disputes over money or land.
● Castles were built for Norman lords to live in, designed to look intimidating and remind those
outside of their place in society.
Punishment in Norman England
Continuity:
● The system of punishment continued to rely on corporal punishment, fines and execution.
● Minor crimes continued to be punished by fines, whipping or the stocks.
● Crimes against authority still carried the harshest punishments, including capital punishment.
● The murdrum fine was similar to the Wergild.
Change:
● The wergild was ended and fines, including the murdrum fine, were now paid to the king.
● Mutilation, such as branding, was used as an alternative to the death penalty.
● There was an increase in the use of capital and corporal punishment, such as the Forest Laws,
which were punished by castration, blinding and hanging.
● The Harrying of the North was a response to rebellions by Anglo-Saxons and involved destroying
farmland, leading to 100,000 people dying of starvation.
Crime, punishment and law enforcement in the later Middle Ages
Crime in the later Middle Ages
The Statute of Labourers:
● After the Black Death in 1348, peasants could demand higher wages, so parliament introduced a
maximum wage and made it a crime to ask for more or move to another area.
● In the Norman period, the ruling class also introduced laws to protect their own interests, such
as the Forest Laws.
, ● However, new laws were introduced by the king under the Normans, and now the role of
parliament in law-making was growing.
Heresy:
● The clergy felt undermined by religious reformers, so the crime of heresy was introduced in
1382.
● In 1401, burning at the state was introduced to symbolise purifying a corrupt soul and to act as a
deterrent.
● In 1414, Justices of the Peace were given powers to arrest suspected heretics and were expected
to take suspects to the Church courts for trial.
Law enforcement in the later Middle Ages
Continuity:
● Community enforcement in the form of tithings and the hue and cry remained.
● Manor courts had been used since Anglo-Saxon times to settle disputes between the lord of the
manor and local people.
● Church courts continued to be used to try people accused of moral crimes.
● If juries were unable to reach a verdict, trial by ordeal and trial by combat were used informally.
Change:
● In 1195, Richard I appointed knights as keepers of the king's peace in areas seen as unruly, who
later became known as Justices of the Peace.
● They met four times a year to carry out their magistrate duties and were harsh on poachers as
many of them were landowners.
● Parish constables were introduced to lead the hue and cry and arrest suspects and sheriffs were
given further powers to track down criminals if the hue and cry failed.
● Some towns had a night watch where volunteers patrolled the streets and handed suspected
criminals over to constables.
Change under Henry II:
● The growth of towns meant that a more centralised approach was needed, and the role of
government began to increase.
● In 1166, Henry II reorganised the courts and set up prisons for those awaiting trial, and these
changes were known as the Assize of Clarendon.
● He ordered Justices in Eyre to visit each county twice a year to hear the most serious cases,
increasing the role of the king in legal matters.
Crime, punishment and law enforcement in Anglo-Saxon England
Crime in Anglo-Saxon England
● Crimes against authority ranged from starting a fight with a noble to treason.
● Towns were growing due to trade with Europe and coined money, so there were more
opportunities for crimes against the person and crimes against property.
● The Church had a responsibility to stop moral crimes, such as public drunkenness.
Law enforcement in Anglo-Saxon England
The role of the community:
● Each hundred was divided into ten tithings, where all men were responsible for the behaviour of
each other.
● One man from each hundred and each tithing met regularly with the king's shire reeve to
prevent crime, particularly cattle theft.
● Anyone who witnessed a crime could raise a hue and cry, and anyone who heard it was expected
to help capture the suspects.
● Out of the population of 2 million, 90% lived in villages and each village had a reeve who carried
out decisions made by local courts.
The role of religion:
● The accused could swear their innocence under oath, but if someone was a repeat offender or
caught red-handed, they were not given this option.
● Trial by ordeal was a way to test whether the accused was innocent in the eyes of God,
consisting of trial by hot iron, hot water and cold water.
● In trial by hot water, one of the accused's hands was burned and bandaged, and if it healed well,
the person was deemed innocent.
Punishment in Anglo-Saxon England
● The wergild was a fine determined by social status paid to the victim's family, intended to reduce
blood feuds.
● Capital punishment, usually hanging, was used for treason and arson, which were viewed very
seriously as they damaged the property of the ruling class.
,● Corporal punishment, such as mutilation, was used as a deterrent for lesser crimes as the
criminals served as a reminder of the consequences of committing crime.
● Public punishments, using the stocks or pillory, combined physical discomfort and public
humiliation.
Crime, punishment and law enforcement in Norman England
Crime in Norman England
Murdrum:
● The murdrum was a fine paid by the hundred where the body of a Norman was found if the
murderer was not captured.
● It was designed to prevent revenge murders and make it less likely that people would cover up
the crime of a neighbour.
● It shows continuity with the Anglo-Saxon system of shared responsibility and the wergild.
Forest laws:
● The Forest Laws meant that what had previously been common land was now controlled by the
king and that hunting wild animals was now a crime called poaching.
● Poaching was a social crime as it was illegal but most people in society did not disapprove of it.
● Foresters were hired to enforce these laws and anyone who was caught faced harsh
punishments, including hanging and castration.
Outlaws:
● Any man who avoided trial by running away was declared an outlaw, and women who ran away
were said to be 'waived'.
● Outlaws and waived women lost the protection of the law and could be killed without any legal
consequences.
● Outlaw gangs, such as the Folville gang, carried out serious crimes, including kidnapping and
extortion.
Law enforcement in Norman England
Continuity:
● Law enforcement was based on the idea of the king's mund, which was similar to the king's
peace.
,● Trial by ordeal and collective responsibility was continued, including the tithings and the hue and
cry as most people still lived in villages.
Change:
● Law enforcement became more centralised and the king's authority was increased.
● Trial by combat was introduced, often to settle disputes over money or land.
● Castles were built for Norman lords to live in, designed to look intimidating and remind those
outside of their place in society.
Punishment in Norman England
Continuity:
● The system of punishment continued to rely on corporal punishment, fines and execution.
● Minor crimes continued to be punished by fines, whipping or the stocks.
● Crimes against authority still carried the harshest punishments, including capital punishment.
● The murdrum fine was similar to the Wergild.
Change:
● The wergild was ended and fines, including the murdrum fine, were now paid to the king.
● Mutilation, such as branding, was used as an alternative to the death penalty.
● There was an increase in the use of capital and corporal punishment, such as the Forest Laws,
which were punished by castration, blinding and hanging.
● The Harrying of the North was a response to rebellions by Anglo-Saxons and involved destroying
farmland, leading to 100,000 people dying of starvation.
Crime, punishment and law enforcement in the later Middle Ages
Crime in the later Middle Ages
The Statute of Labourers:
● After the Black Death in 1348, peasants could demand higher wages, so parliament introduced a
maximum wage and made it a crime to ask for more or move to another area.
● In the Norman period, the ruling class also introduced laws to protect their own interests, such
as the Forest Laws.
, ● However, new laws were introduced by the king under the Normans, and now the role of
parliament in law-making was growing.
Heresy:
● The clergy felt undermined by religious reformers, so the crime of heresy was introduced in
1382.
● In 1401, burning at the state was introduced to symbolise purifying a corrupt soul and to act as a
deterrent.
● In 1414, Justices of the Peace were given powers to arrest suspected heretics and were expected
to take suspects to the Church courts for trial.
Law enforcement in the later Middle Ages
Continuity:
● Community enforcement in the form of tithings and the hue and cry remained.
● Manor courts had been used since Anglo-Saxon times to settle disputes between the lord of the
manor and local people.
● Church courts continued to be used to try people accused of moral crimes.
● If juries were unable to reach a verdict, trial by ordeal and trial by combat were used informally.
Change:
● In 1195, Richard I appointed knights as keepers of the king's peace in areas seen as unruly, who
later became known as Justices of the Peace.
● They met four times a year to carry out their magistrate duties and were harsh on poachers as
many of them were landowners.
● Parish constables were introduced to lead the hue and cry and arrest suspects and sheriffs were
given further powers to track down criminals if the hue and cry failed.
● Some towns had a night watch where volunteers patrolled the streets and handed suspected
criminals over to constables.
Change under Henry II:
● The growth of towns meant that a more centralised approach was needed, and the role of
government began to increase.
● In 1166, Henry II reorganised the courts and set up prisons for those awaiting trial, and these
changes were known as the Assize of Clarendon.
● He ordered Justices in Eyre to visit each county twice a year to hear the most serious cases,
increasing the role of the king in legal matters.
