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Laurie Keeney
English 249 MTWHF 1:00
Dr. Troost
12 January 1999
Medieval Crime and Punishment
The medieval system of crime and punishment, though it grew less gory toward
the end of the period (around the 15th century), makes America’s current system of law,
punishment and, even execution, look like a planned third grade field trip.
The church, the king, the Parliament, and the aristocracy, in most instances,
sought to expand personal wealth and influence at any man’s expense. Therefore, because
petty larceny and assault were the most common crimes committed during the period,
offenders most often faced a fine and an amount of time in the pillory or stocks. Under
the stipulation of the church, the king, and judges, men were both condemned and
pardoned. The law was used to benefit the already rich and powerful, not as a means to
serve the people. There really was no such thing as precedent. Some men were pardoned
by confessing right as the noose was slipped around their neck, but not without a fine. Record
keeping was extremely poor when it came to court reporting, but it in nearly every case recorded,
fines were sentenced, no matter the offense (Bellamy 135).
It is somewhat relieving to read that bands of men, much like Robin Hood and his
loyal yeoman, did join company in times of refuge and fleet, though most were
"kinsmen" with little choice of survival any other way. The act of treason was death, a
drawn out suffocation called hanging, or anything else inventively cruel the king could
come up with (depending on who the traitor was, and how severe the treason). Torture, at
this later time, was rarely employed, though some gaolers (a.k.a. jail wardens) felt it
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necessary to extract the most out of prisoners: deeds to their land, spare change, etc.
Physical abuse was more common among the outlying municipalities who had some
autonomy, if distance alone, from London. Heretics were burned at the stake. Thieves
had their hand(s) lopped off (this included deer poachers). Youthful first time offenders
received a flogging and were on their way. Prison sentences were rare, and were actually
death sentences in disguise. However, if the crime was anything but treason or heresy, the offender
always had a chance of buying himself out of punishment, even if he were a murderer.
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Work Cited
Bellamy, John. Crime and Public Order in England in the Later Middle Ages. University
of Toronto Press: Toronto, 1973.
Joyce, Allen. "Living Conditions in the 1500s: Crime and Punishment" The Positive
Press "1996": 1-2 [Online] Available: www.positivepress.com/frames/perspective.html. text.
Maitland, F.W. "The Forms of Action at Common Law" Medieval Sourcebook "1909":
England. text.