Crimes, Punishments & Law Enforcement Key Terms

This page provides essential definitions and concepts related to medieval laws and punishments. It covers various types of crimes, law enforcement methods, and key legal terms used in medieval England.

Definition: Crimes against the person included theft and murder, with a distinction made between serious and minor offenses.

Definition: Crimes against property encompassed activities like stealing crops and poaching, with poaching often viewed as a 'social crime'.

Vocabulary: Tithings were groups of 10 males aged 12 and over who shared collective responsibility for local law enforcement.

The page also introduces important legal concepts such as deterrence and retribution, as well as specific medieval practices like sanctuary and benefit of clergy.

Highlight: The "hue and cry" system involved local bystanders being summoned to assist in catching criminals, demonstrating community involvement in law enforcement.

The introduction of the parish constable in 1285 marked a significant development in local law enforcement structures.

Change and Continuity after the Norman Conquest c1066-c1200

This section explores the legal changes implemented following the Norman Conquest, highlighting both continuities and changes in the English legal system.

Example: The Forest Laws, introduced by William the Conqueror, banned hunting, collection of firewood, and grazing of animals in forests. Punishments for violating these laws were severe, including blinding and execution for repeat offenses.

The Murdrum Fine was a notable change, making Saxon communities collectively responsible for the murder of Normans. This served as a deterrent and placed responsibility for maintaining order on the entire community.

Highlight: William generally retained many of Edward the Confessor's laws to stress continuity and legitimize his succession.

The abolition of wergild and its replacement with payments to the King marked a significant shift in the purpose and beneficiary of legal compensation.

Case study-Influence of the Church

This page examines the profound influence of the Church on various aspects of medieval life, particularly in relation to crime and punishment. The Church's role extended to shaping moral standards, defining crimes, and influencing legal procedures.

Highlight: The Christian religion was massively influential in all areas of life, including crime and punishment, reflecting the deep integration of religious beliefs in medieval society.

Key areas of Church influence included:

1. Society: The Church's wealth and influence often led to tensions with the government, as exemplified by the conflict involving Thomas Becket and Church Courts.

2. Crimes: Religious influence was evident in the definition of moral crimes such as drunkenness, adultery, and failure to attend church. Heresy became a significant crime, especially after 1382.

3. Policing: The concept of sanctuary allowed criminals to seek temporary immunity from arrest in certain holy places, reflecting the Church's emphasis on mercy.

4. Trials: Religious elements were incorporated into legal procedures, such as the use of oaths and trial by ordeal (until its abolition in 1215).

5. Punishment: The Church promoted the concept of mercy in sentencing.

Example: The 'Benefit of Clergy' allowed those connected to the Church or capable of reciting the 'neck verse' to be tried in more lenient Church Courts, which excluded capital punishment.

This case study highlights the pervasive influence of the Church on the medieval crime and punishment system, demonstrating how religious beliefs and institutions shaped legal practices and societal norms throughout the period.