During the medieval period, crime was rampant, ranging from petty theft to heinous acts of murder. Unlike today, there were no dedicated police forces to maintain law and order. Instead, strict punishments were imposed as a means to deter individuals from engaging in criminal activities.
History of Medieval Crime and Punishment
The Dramatic Era of Medieval Ordeals:
Throughout the Middle Ages, ordeals played an important role in the administration of justice. This practice has its roots in ancient times and persisted through the Middle Ages, with evidence of its use in civilizations such as Mesopotamia, Egypt, and Greece. During the early medieval period until the 13th century AD, ordeals were a common practice in medieval Europe. The Church played a significant role in overseeing these trials, believing them to be a way of divine judgment. The Church held a considerable amount of influence over the justice system during this time, with punishments often being severe to promote fear and obedience among the people.
The Transition from Trial by Ordeal to Trial by Jury:
During the 13th century AD, trial by ordeal was gradually replaced by trial by jury. In trial by ordeal, the innocence or guilt of the accused was determined through challenging ordeals, such as walking on hot iron or submersion in water. However, with the emergence of trial by jury, evidence-based trials became the norm, relying on a panel of twelve villagers to collect evidence and decide the fate of the accused.
Types of Medieval Crime
Stealing and Vagrancy:
Among the common medieval crimes of the era were stealing and vagrancy. Theft of valuable items often resulted in fines, extra labour, or even the severing of the thief’s hands. For less valuable items, punishments were less severe. Vagrancy, being homeless or without a job, was considered a crime, as medieval society emphasized the importance of being productive and self-sufficient.
Gossip, Laziness, and Drunkenness:
Engaging in gossip, particularly about women, was also deemed a crime during medieval times. People not working diligently, being lazy, or displaying disorderly conduct were punishable offences as well. Such crimes were seen as disruptive to the social order and were dealt with through various forms of public shaming, such as the use of stocks or pillories.
Murder, High Treason, Heresy, and Witchcraft:
Murder was a prevalent crime during medieval times, and its punishment varied from hanging to beheading, depending on the severity of the offence. High treason, seen as a crime against the King, was met with severe consequences. Those found guilty of treason were hung, cut down while still alive, beheaded, and their bodies dismembered and displayed in different cities throughout the realm. Heresy, the rejection of established religious beliefs, resulted in banishment or burning at the stake. Witchcraft, considered a serious offence, led to strangulation or burning at the stake.
Types of Medieval Punishment
Stealing: Fines and Amputation:
For stealing, punishments ranged from fines to extra labour or, in extreme cases, amputation of the offender’s hands. These severe consequences aimed to deter individuals from committing theft and preserve the sanctity of private property.
High Treason: Gruesome Execution:
High treason, being a crime against the monarchy, carried severe consequences. Offenders faced public execution through hanging, followed by disembowelment, beheading, and dismemberment of the body, which was displayed across various cities as a warning to others.
Witchcraft: Strangulation or Burning at the Stake:
In cases of witchcraft, the punishment varied. Less severe offences resulted in strangulation, while serious accusations of witchcraft led to burning at the stake. These punishments were intended to eradicate perceived supernatural threats and preserve societal order.
Manorial Courts & Trial by Jury
The Role of the Manorial Court:
The Manorial Court was the primary court of law during the medieval period. It dealt with all crimes except for serious offences against the King. Held multiple times a year, the court required mandatory attendance from villagers under penalty of fines.
Trial by Jury in the Manorial Court:
The court consisted of a jury composed of twelve men chosen by the villagers. Their role was to collect evidence and determine the guilt or innocence of the accused. If found guilty, the jury also decided the appropriate punishment. The Lord’s Steward oversaw the court proceedings.
The King’s Court & Trial by Ordeal
Serious Crimes in the King’s Court:
The King’s Court presided over serious crimes such as assault, murder, and treason. Crimes against the King were viewed as direct threats to the monarchy and were dealt with with utmost severity.
Trial by Ordeal:
In the King’s Court, trial by ordeal was the prevalent method of determining guilt or innocence. Ordeals by fire, water, and combat were conducted. These ordeals were believed to invoke divine intervention and reveal the truth.
Ordeal by Fire:
During the ordeal by fire, the accused had to walk a distance while holding a red-hot iron or stepping on a red-hot ploughshare. After three days, the wounds were examined. If healing had begun, the accused was declared innocent. The absence of healing indicated guilt, leading to the appropriate punishment.
Ordeal by Water:
The ordeal by water encompassed two variations: cold water and hot water. In the cold water ordeal, the accused’s hands and feet were tied, and they were thrown into the water. Floating was considered a sign of innocence while sinking indicated guilt. The hot water ordeal involved dipping hands into boiling water to retrieve a stone from its depths. Healing signs after three days determined innocence, while the lack thereof resulted in guilt.