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Crime and punishment in medieval England, c1000 to c1500

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There was no police force in medieval England. Communities, the king and the Church all played a part in dealing with crime.

Types of crime

Crimes against the person: assault, murder. Against property: theft, the most common crime. Against authority: treason and rebellion.
After 1066, William I's Forest Laws made huge areas royal forest. Hunting there became a crime. Poaching was a social crime: illegal, but many people did not think it was wrong.

Law enforcement and punishment

Tithings: groups of about 10 men, each responsible for the others' behaviour.
Hue and cry: everyone in the village had to chase a suspect.
Anglo-Saxon wergild was compensation paid to the victim's family. The Normans replaced it with fines paid to the king and made more crimes punishable by death.
Punishments aimed at deterrence and retribution: fines, stocks and pillory, mutilation, and hanging.

Case study: the Church

Sanctuary: a suspect could shelter in a church, usually for 40 days, then face trial or leave England.
Benefit of clergy: clergymen were tried in Church courts, which did not use the death penalty. Reading a verse of the Bible could prove you were clergy.
Trial by ordeal (hot iron, hot water, cold water) let God judge guilt. It ended after 1215, when the Pope ordered priests to stop taking part.
Worked example

Explain why the Church was important in medieval justice.

  1. It offered sanctuary, which protected suspects for a time.
  2. Benefit of clergy meant clergy escaped harsh royal punishments.
  3. Priests ran trials by ordeal until the Pope stopped this in 1215.

Answer: Sanctuary, benefit of clergy and trial by ordeal all depended on the Church.

Key idea

No police: tithings, hue and cry and constables. Normans ended wergild and brought Forest Laws. Church: sanctuary, benefit of clergy, trial by ordeal (ended after 1215).

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