Crime and Punishment - early
Anglo-Saxons
Post-Roman Britain
Blood feuds were the main source of punishment/vengence - based purely on retribution, little justice
Post-1000 AD
Tithings
Regions were broken up into hundreds and tithings, by which everyone then became responibile for the behaviour for everyone within theirs
Based on loyalty and the fact that everyone knew each other well
Hue and cry
Any witness to a crime would raise a cry, which everyone that heard would have to help give chase
Trial by Jury
Based on hearings and oaths, the accused could swear their innocence. Similar to now, but they could call upon others known as 'oath helpers'. Oaths were only an option in cases where their guiltyness was disputed
Trial by Ordeal
The Church played an important role, as it was seen as an ultimate test looked over by God (very religious)- he would prove your innocence if necessary
Hot water/iron
The accused would be burnt, and given a set time to heal - if so, thney'd be innocent, otherwise, guilty
Water would involve plunging an appendage (i.e. hand) into boiling water
Iron would be holding a heated bar while walking a set distance
Cold water
The accused was thrown into water tied, and considered guilty if they floated - rejected by the 'holy water'
Trial by consecrated bread
This was for clergy only - they would have to eat a piece of blessed bread without choking
Wergild
Introduced to prevent blood feuds
Fines in proportion to the status of the victim - fair, but very unequal
Normans + Later
Hundred, Shire, and Royal courts
Punishment
Fines and compensation were most common (Wergild)
Corporal punishments also common (e.g. flogging or maiming)
Capital punishment rarely used (e.g. hanging)
Varied depending on class and gender, e.g. nobles were usually beheaded
New crimes Changes in crime definitions -->
Forest Laws
30% of England became converted into Royal Forest
Resentment due to evictions
Only those who paid were allowed to hunt
Seen as unfair - 'social crime', as those who were involved often did it due to necessity
The Normans were not very popular, and William punished any resistance very harshly - Harrying of the North
Murdrum More centralised power
If an Anglo-Saxon murdered a Norman, and the murderer wasn't found, the nearest 'hundred' would have to pay a fine to the King
Law Enforcement
Built castles to showcase their power, and help impose law and order
Most Anglo-Saxon laws were kept due to their effectiveness
Introduced Church Courts, which were more lenient towards those who claimed benefit of the clergy (reading a passage from the Bible in Latin)
Parish Constables and night watch introduced
Parish Constables were unpaid, local people
The night watch was formed of volunteers, whcih would hand criminals over to the constable
Foresters were very harsh, and thus hated by local communities
The official court records and laws were recorded in Latin and French, further imposing their power, and meaning Saxon lords couldn't fully understand the law/input
Govt. officials Expansion of the role <--
Knights were appointed as 'Keepers of the Peace' in unruly areas, and later expanded (Justices of Peace)
These were later changed to become Justice of the Peace, which heard minor crimes in small courts
The shire reeve was now expected to track down criminals post-hue and cry. He could form a posse of men
Shire reeves would take criminals to courts
Wergild abolished
Increased usage of capital and corporal punishment usage (to enforce Norman presence) Change in punishment <--
Sanctuary introduced, as the Church wanted to help reform the criminal
1500-1700
Influence of the Church
Church's power was reflected in the law; clergy often got of much more lightly due to church courts. This illustrated the inequalities, as people were treated differently - especially women, who couldn't become clergy
Trial by Ordeal was often used after a court to decide guilt, until the Pope banned it in 1215
Society changes
Increase in population, and higher unemployment led to an increase in town sizes
End of feudalism and new farming led to enclosure
Changes in religious beliefs (and of the Monarch, Henry)
Increased heresy and high treason
Increased street crime, e.g. theft
Increased crime against property, e.g. poaching
Crime definitions
The two became interlinked as the official religion kept changing, with the monarch, and as they became head of the church (post-Henry VIII)
Vagabondage
A large increase of vagabonds due to increased unemployment, and the closure of the monestries (1536)
Seen as lazy, and often resorted to theft, and were thus hated by locals. Feared by landowners/nobles, as reflected in their punishments
Poor Laws (1601) gave deserving poor relief, and the undeserving were sent ot a correction house (as defined by the 1597 Act for the Relief of the Poor)
Smuggling
Increased import tax on certain goods made it a very lucritive business; they could sell on goods at a lower price, or increase profits, by avoiding the import tax
Seen as a social crime, as it made goods cheaper, and wasnt seen as a threat
Witchcraft
Became a serious crime due to laws passed by monarchs
Henry VIII (1542) - punishable by death
James I's fears (Daemonologie), and broadened the requirement for the definition of witchcraft (1604)
Law Enforcement
People were still expected to raise a hue and cry, and there was still no national crime force
Changes in the role of the Church Reduced power -->
Benefit of the clergy could only be given once (branded), and certain crimes became excempt from it (e.g. murder)
Courts all became secular - only moral crimes could be judged in Church courts
Henry VIII abolished exile for those claiming sanctuary - had to stay in designated sancuaries
Later abolished by James I
New/changes in roles Further expansion of the role -->
Watchmen
Carried a lamp, and patrolled between 10pm - dawn
Rang a bell, and all males were expected to volunteer (unpaid)
Overseen by town constable
Town Constables
Employed by authorities, and were respected members of society
Had the power to arrest, helped with town admin, and in charge of the town watchmen
Trial by Combat intoduced - as warriors, this was their prefered method of proving guilt, and reflected their warrior origins New ordeals <--
Changes in punishment Reduced capital punishment -->
Fines were used more, for minor crimes
Burning was used for heresy - purpose was still to deter and retribution
The Bloody Code (1688)
A large increase in the amount of crimes punishable by death, mainly for seemingly minor crimes
Aimed to deter
Transportation (under James I, 1620)
Transporting criminals to North America became popular, as it reflected new aims of rehabilitation
Provided an alternative to the Bloody Code, when it was thought of as too harsh
Would allow the colonies to better develop/establish
Sent to North America for 7/14 years, but often couldn't return
Gunpowder Plot (1605) Religious changes
Used to set an example of, for religious reasons (Catholics v Protestants)
They were hung, drawn and quartered, to strongly deter others, particularly as James became fearful of his life
It was a period of political unstability, and it was used to deter plots against the King
Witchhunts (1645-7)
These occured during the Civil War, particularly in the North
Reasons
Social Changes - many women became widows, and there were many 'strangers' about due to the war
Lack of authority - local authorities were weakened by the war, law and order even collapsing in some areas
Economic problems - the war and poor harvests led to bad economic problems, for which people wanted a scapegoat
Religious change - relgious differences were increased, e.g. the Puritans believed the Royalists were using Witchcraft. People didn't feel safe from evil, associated with the other religions
Individual influences - James I and Matthew Hopkins stirred up fear, and promoted witch hunting (Daemonologie)
Matthew Hopkins was a Justice of Peace in the North, and recieved money for finding witches - which he did through torture, helping stir up mass panic, with leaflets and his prosecutions (1645)
'Evidence'
Plently of innocent signs were used to prove guilt - the 'Devils Mark', floating in holy water, unusual marks (e.g. birthmarks), confessions, and witness accounts
Due to the mass panic, and rewards offered, many neighbours turned in their neighbours out of panic/jealousy
Sanctuary was allowed - criminals could claim this, and would have 40 days until trial, or to go into exile - and would have to wear a cloak to show it
Manor courts were held by landowners, to deal with workers and their crimes - would order the more serious to be held in prison until a royal/quarter session (Assize of Clarendon)
Royal judges would visit counties 2-3times a year to hear the most serious cases
Held court 4 times a year - at 'quarter sessions', which would take the load off the royal courts
The coroner was introduced to deal with suspicious deaths
However, trial by jury became the normal method of deciding guilt - and their decision had to be unanimous
Women were treated more badly than under the Saxons - possession belonged to her husband, and there were special punishments, especially for 'scolds' or 'rags'
Outlaws
These were people who ran from their community (after having committed a crime) - and therefore lost the protection of the law
King's peace
The King's duty to take care of law and order
Statute of Labourers
Made it a crime to ask for higher wages (maximum wage), as the ruling classes became worried
Post-Black Death, the fewer workers left could demand higher wages
Due to a growth of towns
Heresy
Clergy felt undermined by new ideas
Harsher/more deterring punishment for treason (hung, drawn and quartered)
Hue and cry etc. becomes less effective
Royal Judges
Dealt with most serious crimes, known as County Assizes
Habeus Corpus
Meant you could only imprison someone if they were arrested; otherwise you'd have to release them
Overall
Little change in policing, but development of a very effective court structure, and decline in religious involvement
Witchcraft - a crime since 1550, under Henry VIII
Catholic exortism v Protestant 'dealing with it'
Civil war created untrust in communities between former friends etc
Vagabonds and Beggars Act (1494) sent 'idle' people back to their place of birth
Vagrancy Act (1547) meant any able-bonded vagabond was branded, and sold as a slave for 2 years
Poaching
The Game Act (1671) made it illegal to hunt/take game off enclosed land
Enclosure divided people; the upper classes saw poaching as trespassing and theft, but the lower classes sympathised (social crime)
Under Henry II, the Consitutions of Clarendon limited the Church's legal authority
Led the Hue and Cry
Local crimes were dealt with in Manor Courts
During the civil war, Assize Judges were unable to travel around the counrty to judge witches, so people (e.g. Hopkins) had to take it into their own hands
Factors
People considered them a big threat, resenting their laziness (social attitudes), and having to support them
Henry VII broke up private armies - made all the soldiers homeless
Poverty - the root cause, especially caused by bad harvests
Religion - with the dissolution, they had no where to get support etc.
Towns became bigger, and as transport improved, they could travel from place to place more easily to try and get support. More population = increased unemployment
Hatred against them was caused by pamphleteers etc. - most, with the exception of sturdy beggars, would not commit crime
Most harshly enforced by Mary I - due to her very strong Catholic views, and the Protestant England she took over after Edward
Arrested people through Hue and Cry