Crime & Punishment
Stocks
Under feudal law everyone, from the greatest baron to the poorest peasant, owed allegiance to the king. A criminal was someone who by doing something wrong, "had disturbed the king's peace". Lords were responsible for punishing minor crimes in their local courts, but serious crimes were dealt with by justices appointed by the king from among his officials and trained lawyers. The sheriff had the job of rounding up criminals and keeping them in gaol before they were brought to trial.
Conditions there were usually very dirty and crowded and prisoners often died of diseases they caught in gaol before they got to trial. While in gaol the prisoner would rely on friends and family to bring them food or money, otherwise they may well starve. Charitable people sometimes left money in their will to help prisoners buy food.
Parliaments started to make laws to deal with specific problems such as highway robbery around the 14th century. In England, the parliament asked lords to cut down all the trees and bushes for 30 feet (approx 10 meters) on each side of major roads so that robbers would have nowhere to lie in wait for passing travelers.
The punishment for wrong-doing were very harsh in the middle ages. People who were guilty of lesser offenses were fined or put in the stocks but those found guilty of serious crimes such as highway robbery, stealing livestock or treason and murder were executed. Executions were carried out in public and were often watched by large crowds.
Conditions there were usually very dirty and crowded and prisoners often died of diseases they caught in gaol before they got to trial. While in gaol the prisoner would rely on friends and family to bring them food or money, otherwise they may well starve. Charitable people sometimes left money in their will to help prisoners buy food.
Parliaments started to make laws to deal with specific problems such as highway robbery around the 14th century. In England, the parliament asked lords to cut down all the trees and bushes for 30 feet (approx 10 meters) on each side of major roads so that robbers would have nowhere to lie in wait for passing travelers.
The punishment for wrong-doing were very harsh in the middle ages. People who were guilty of lesser offenses were fined or put in the stocks but those found guilty of serious crimes such as highway robbery, stealing livestock or treason and murder were executed. Executions were carried out in public and were often watched by large crowds.
Medieval Trials
Medieval gaol cell
Throughout the medieval period it was believed that the only way to keep order was to make sure that the people were scared of the punishments given for crimes committed. For this reason all crimes from stealing to murder had harsh punishments.
Although there were gaols, they were generally used to hold a prisoner awaiting trial rather than as a means of punishment. Fines, shaming (being placed in stocks), mutilation (cutting off a part of the body) or death were the most common forms of punishment.
There was no police force in the medieval period so law-enforcement was in the hands of the community.
The Manorial Court (Trial by Jury)
The manorial court dealt with all but the most serious crimes. It was held at various intervals during the year and all villagers had to attend or pay a fine. All men were placed in groups of ten called a tithing. Each tithing had to make sure that no member of their group broke the law. If a member of a tithing broke a law then the other members had to make sure that he went to court.
The Lord’s steward was in charge of the court. A jury of twelve men was chosen by the villagers. The jury had to collect evidence and decide whether the accused was guilty or not guilty and, if found guilty, what the punishment should be.
Although there were gaols, they were generally used to hold a prisoner awaiting trial rather than as a means of punishment. Fines, shaming (being placed in stocks), mutilation (cutting off a part of the body) or death were the most common forms of punishment.
There was no police force in the medieval period so law-enforcement was in the hands of the community.
The Manorial Court (Trial by Jury)
The manorial court dealt with all but the most serious crimes. It was held at various intervals during the year and all villagers had to attend or pay a fine. All men were placed in groups of ten called a tithing. Each tithing had to make sure that no member of their group broke the law. If a member of a tithing broke a law then the other members had to make sure that he went to court.
The Lord’s steward was in charge of the court. A jury of twelve men was chosen by the villagers. The jury had to collect evidence and decide whether the accused was guilty or not guilty and, if found guilty, what the punishment should be.
The King's Court (Trial by Ordeal)
Serious crimes were heard by the King’s court. The accused had to face trial by ordeal to decide whether they were guilty or not guilty. Ordeal by Fire The accused had to pick up a red hot iron bar and hold it while they walked between three to nine paces. Their hand was then bandaged. After three days they had to return to the court where the bandages were removed. If the wound was almost healed they were innocent but if the wound showed no sign of healing then they were pronounced Guilty and hanged. Ordeal by Water The accused had their hands and feet tied together. They were then thrown into water. If they floated they were guilty but if they sank they were innocent. Since most people that sank were not removed from the water right away, they usually died. So it was not of any use to the person to be found innocent. Ordeal by Combat Noblemen would fight (usually to the death) in combat with their accuser. The winner of the battle would be considered to be in the right. After 1215 Trial by Ordeal was replaced by Trial by Jury |
Sanctuary
Another fascinating aspect of the Medieval justice system was "sanctuary". Criminals - or even merely suspects - often sought sanctuary after a crime had been committed. They were joined in this by many gaol-breakers as escape from custody was a very common practice in those days. Gaols were primitive affairs and unless they were situated within a castle, they were usually ordinary buildings used on an ad hoc basis. The local community had to act as gaolers and their main incentive to be good ones was a heavy fine if they let the prisoners escape. Yet the costs in loss of working time and in feeding the prisoners were almost equal to the fines. So their alertness was often minimal. The fugitive would usually make for the nearest church to claim sanctuary, knowing that the law declared him safe there, free from interference for forty days. This would give him time to decide on his next move. He had several alternatives. Firstly, he had a good chance of escaping again. The local folk were burdened with guarding and feeding him, so quite often they would turn a blind eye and let him slip away. Even though they knew the Coroner would put them up before the Judges for a stiff fine at the next Eyre. Secondly, he could surrender, but that almost certainly meant dangling at the end of a rope. Thirdly, he could decide to "abjure the realm", meaning he could avoid trial and execution by leaving the country. He had to make a confession before being allowed to leave. Then he surrendered all land and chattels, if he had any.
There was a formal pattern to the whole procedure of sanctuary, almost like a religious rite, from which it had indeed descended. Of very ancient origin, the concept of sanctuary began with feelings of compassion for the hunted, aroused by early religious and ethical codes. The Hebrews had six Levitical cities of refuge, and in Greek and Roman times there were sanctuaries that ante-dated the Christian ethic of compassion.
The criminal, suspect or gaol-breaker only had to reach a church, or even a religious building such as an Abbot's House, to claim sanctuary for forty days. It was not always necessary to enter the actual building, the churchyard was usually sufficient. In some places, a wide area around the church was equally safe, the boundaries being marked by special "sanctuary posts". The fugitive had to come unarmed and was not have committed any sacrilege. For example, a thief in Buckinghamshire was chased to a church, where he stole the vestry keys to try to escape. For this sacrilege, he was legitimately hauled out of the church and beheaded in the roadway outside.
Some felons, such as habitual robbers and night thieves, were denied sanctuary at certain places. Otherwise all manner of fugitives could claim this inviolate right to stay unharmed for forty days, the locals having to feed them at their own expense and see that they did not escape. Though, as with gaol, it was often cheaper to let them run away. The felon did not have to leave the sanctuary until his forty days were up. However, if he refused to leave at the end of that time, he was as good as dead. Although, in theory, he could not be dragged out, it became a very serious offense to aid him in any way. Indeed, it meant a hanging for any layman who even communicated with him after the forty days were up, though a priest was only banished for this offense. When he finally emerged (unless he died inside from hunger and thirst), he would be immediately seized and executed on the spot.
There was a formal pattern to the whole procedure of sanctuary, almost like a religious rite, from which it had indeed descended. Of very ancient origin, the concept of sanctuary began with feelings of compassion for the hunted, aroused by early religious and ethical codes. The Hebrews had six Levitical cities of refuge, and in Greek and Roman times there were sanctuaries that ante-dated the Christian ethic of compassion.
The criminal, suspect or gaol-breaker only had to reach a church, or even a religious building such as an Abbot's House, to claim sanctuary for forty days. It was not always necessary to enter the actual building, the churchyard was usually sufficient. In some places, a wide area around the church was equally safe, the boundaries being marked by special "sanctuary posts". The fugitive had to come unarmed and was not have committed any sacrilege. For example, a thief in Buckinghamshire was chased to a church, where he stole the vestry keys to try to escape. For this sacrilege, he was legitimately hauled out of the church and beheaded in the roadway outside.
Some felons, such as habitual robbers and night thieves, were denied sanctuary at certain places. Otherwise all manner of fugitives could claim this inviolate right to stay unharmed for forty days, the locals having to feed them at their own expense and see that they did not escape. Though, as with gaol, it was often cheaper to let them run away. The felon did not have to leave the sanctuary until his forty days were up. However, if he refused to leave at the end of that time, he was as good as dead. Although, in theory, he could not be dragged out, it became a very serious offense to aid him in any way. Indeed, it meant a hanging for any layman who even communicated with him after the forty days were up, though a priest was only banished for this offense. When he finally emerged (unless he died inside from hunger and thirst), he would be immediately seized and executed on the spot.