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Evolution of Crime and Punishment

May 14, 2025

Notes on Crime and Punishment in Anglo-Saxon and Norman England

Introduction

  • This lecture covers the Edexcel GCSE History unit on Crime and Punishment.
  • Notes, questions, and flashcards are available on the website for free.
  • Advanced tutorials and predicted papers are available via masterclass subscription.

Anglo-Saxon England

Nature and Definitions of Criminal Activity

  • Crimes categorized based on harm: against person, property, or authority.
  • Crimes Against the Person: Murder, assault, kidnapping.
  • Crimes Against Property: Theft, burglary, arson.
  • Crimes Against Authority: Treason, rebellion, disobedience.

Law Enforcement and Punishment

  • King and nobility shared responsibilities for law creation and enforcement.
  • King's Role: Issuing laws, maintaining peace, being a figure of justice.
  • Nobility's Role: Advising the king, enforcing laws locally.
  • Church's Influence: Defined moral behavior, trials by ordeal.
  • Local Community Systems: Tithings (groups of 10 households) and hue and cry.

Punishment

  • Focus on retribution, compensation, and deterrence.
  • Fines, Weregild: Compensation system based on social status.
  • Corporal Punishment: Whipping, mutilation.
  • Capital Punishment: Hanging or beheading for severe crimes.

Norman England

Impact of the Norman Conquest

  • Shift towards a centralized system under the king's authority.
  • Introduction of the king's mund: crimes are offenses against the king.
  • Feudal system established, redefining rebellion and disobedience.

New Laws and Continuity

  • Murder Law: Heavy fines for unlocated murderers assumed to be Norman.
  • Curfew Law: Required extinguishing fires at night to prevent secret gatherings.
  • Forest Laws: Restricted hunting rights to nobility, creating social crimes.

Law Enforcement and Punishment

  • Centralization: Royal officials (sheriffs) and circuit judges increased king's control.
  • Punishment Continuity: Fines and corporal punishment continued.
  • Changes: End of weregild, more severe punishments, trial by combat introduced.

Medieval England

Government Role

  • Increased government role in crime and punishment, more centralized control.
  • Reforms of Henry II: Reorganized courts, established royal courts, early prisons.
  • Role of Parliament: Statute of Laborers controlled wages post-Black Death.

Law Enforcement

  • Continuity: Community involvement with hue and cry, tithings.
  • Changes: Introduction of coroners and justices of the peace.

Punishment

  • Continuity: Fines and corporal punishment.
  • Changes: Introduction of hanging, drawing, and quartering for treason.

Influence of the Church

Power of the Church

  • Central religious authority, dictated moral standards.
  • Owned wealth, imposed tithes, and influenced law-making.

Sanctuary and Benefit of Clergy

  • Sanctuary offered protection for criminals within church walls.
  • Benefit of clergy allowed literate individuals to be tried in lenient church courts.

Ending of Trial by Ordeal

  • Pope Innocent III's decree ended clergy involvement in ordeals, promoting trial by jury instead.

Summary

  • The lecture detailed the evolution of crime, law enforcement, and punishment from Anglo-Saxon to Norman England, highlighting how social, political, and religious changes influenced these systems.