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History · Crime and punishment in medieval England

Crime and Punishment in the Later Middle Ages

How the king's government took on more of the work of justice after 1200, and how new laws followed the Black Death and the Lollards.

  • c1200-c1500
  • 7 key terms
  • All boards
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Teacher resources

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Student handouts

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Learning Objectives

  1. 1Describe the new royal officials who enforced the law after 1200.
  2. 2Explain why new crimes were created, including the Statute of Labourers and the heresy laws.
  3. 3Assess how far crime and punishment changed across the whole period c1000-c1500.

Setting the Scene

After 1200 English kings built up a much larger system of royal justice. Towns were growing, and the country was shaken by the Black Death (1348-49), which killed around a third of the population. New problems led to new laws - and the king's officials, not just the village, now did much of the work of enforcing them.

  1. 1194 Coroners are appointed to investigate suspicious deaths.
  2. 1195 Richard I appoints Keepers of the Peace.
  3. 1285 Statute of Winchester: watchmen in towns and the hue and cry reinforced.
  4. 1348 The Black Death reaches England.
  5. 1351 Statute of Labourers and the Treason Act.
  6. 1361 Justices of the Peace are established in every county.
  7. 1401 De Heretico Comburendo: heretics can be burned.

New Royal Officials

Law enforcement was still local, but the king's officials took on more of it.

  • Coroners

    From 1194, coroners investigated any unexpected or suspicious death, holding an inquest with a jury.

  • Keepers of the Peace

    Appointed from 1195 to keep order in troublesome areas; in 1361 they became Justices of the Peace (JPs).

  • Justices of the Peace

    Local landowners who heard minor cases and kept order in each county - still the backbone of local justice in 1500.

  • Royal judges

    Judges travelled on circuits to hear serious cases at the assizes, and the King's Bench court sat in Westminster.

Law Enforcement in Towns and Villages

The community was still expected to play its part.

  • Statute of Winchester

    In 1285 Edward I ordered towns to have watchmen at their gates at night and made every man keep weapons to join the hue and cry.

  • Tithings and hue and cry

    Still used, especially in the countryside - a clear sign of continuity from Anglo-Saxon times.

  • Parish constables

    Local men chosen for a year to keep order and bring suspects to the JPs.

  • Trial by jury

    Juries of local men now decided guilt instead of the ordeal.

New Crimes, c1200-c1500

Each new law was a response to a problem the authorities feared.

  • Statute of Labourers

    Date: 1351. What it did: Capped wages at pre-plague levels; peasants could not leave their lord. Why: The Black Death caused a labour shortage and peasants demanded more pay

  • Treason Act

    Date: 1351. What it did: Defined high treason, punished by hanging, drawing and quartering. Why: Kings wanted to protect their authority

  • De Heretico Comburendo

    Date: 1401. What it did: Heretics who refused to recant could be burned. Why: The Lollards challenged the Church

  • Poaching laws

    Date: Throughout. What it did: Hunting on private or royal land punished. Why: Landowners protected their game

Crime and Punishment c1000-c1500

Medieval justice

  • Crimes

    • Theft most common
    • treason most serious
    • poaching
    • moral crimes
    • heresy

  • Enforcement

    • Tithings
    • hue and cry
    • sheriffs
    • coroners
    • JPs
    • watchmen

  • Trials

    • Oath-helpers
    • ordeal until 1215
    • combat
    • juries

  • Punishments

    • Wergild
    • fines
    • stocks and pillory
    • mutilation
    • hanging
    • burning heretics

  • The Church

    • Church courts
    • sanctuary
    • benefit of clergy
    • end of ordeal

  • The king

    • King's Peace
    • Forest Laws
    • murdrum
    • royal judges
    • new statutes

Can I...?

Tick off what you can already do for the exam.

  1. 1Explain the difference between crimes against the person, property and authority
  2. 2Explain how tithings and the hue and cry worked
  3. 3Describe the Forest Laws and the murdrum fine
  4. 4Explain sanctuary and benefit of clergy
  5. 5Explain why trial by ordeal ended in 1215
  6. 6Describe the roles of coroners and JPs
  7. 7Explain why the Statute of Labourers was introduced
  8. 8Judge how far crime and punishment changed c1000-c1500

Summary & Exam Focus

  • Royal officials - coroners, Keepers of the Peace and JPs - took on more of law enforcement.
  • The community still mattered: the hue and cry, watchmen and juries.
  • New crimes followed new fears: the Black Death, treason and heresy.
  • Punishment stayed public, harsh and aimed at deterrence.

Exam focus

Explain why there were changes in the definition of crime in the period c1200-c1500. (12 marks) (12 marks)

Link each new law to the problem that caused it - the Black Death, the Lollards, the protection of royal authority.

Key terms

The vocabulary this lesson expects you to use. Each one is linked from the first place it appears above.

Coroner
An official who investigated suspicious deaths, from 1194.
Justice of the Peace (JP)
A local landowner appointed to keep order and try minor cases, from 1361.
Statute of Labourers
A 1351 law capping wages after the Black Death.
Treason Act
A 1351 law defining high treason.
Heresy
Holding religious beliefs that go against the Church's teaching.
Lollards
Followers of John Wycliffe who challenged the Church.
Assizes
Courts where travelling royal judges heard serious cases.

Questions and answers

9 questions set on this lesson, with the mark schemes and model answers open.

1. Exam question Explain one way 4 marks Foundation

Explain one way in which law enforcement in the period c1200-c1500 was similar to law enforcement in Anglo-Saxon England.

Mark scheme — 4 marks available

  • A valid similarity identified — 1-2 marks
  • Supported with specific knowledge of both periods — 3-4 marks

Model answer

In both periods the local community was still expected to help catch criminals. In Anglo-Saxon England every man had to join the hue and cry when a crime was reported. In the later Middle Ages the hue and cry was still used and was reinforced by the Statute of Winchester in 1285, which ordered every man to keep weapons so that he could join the chase.

2. Exam question Explain why 12 marks Stretch

Explain why there were changes in the definition of crime in the period c1200-c1500. You may use the following in your answer: the Black Death; the Lollards. You must also use information of your own.

Mark scheme — 12 marks available

  • Level 1 (1-3) — A simple or general answer
  • Level 2 (4-6) — Some explanation of one or more reasons, with some knowledge
  • Level 3 (7-9) — A developed explanation linked to the question, with accurate knowledge
  • Level 4 (10-12) — An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points

Model answer

One reason was the Black Death of 1348-49, which killed around a third of the population. The labour shortage meant peasants could demand higher wages or move to work for a different lord. Landowners feared losing control, so the Statute of Labourers of 1351 made it a crime to ask for or pay more than the wages of 1346, or to leave your lord. A new crime was created to protect the landowners' position. A second reason was the threat of heresy. The Lollards, followers of John Wycliffe, criticised the Church and wanted the Bible in English. Because the Church and the king worked closely together, challenging the Church was seen as a threat to order, and in 1401 De Heretico Comburendo made heresy a crime punishable by burning at the stake. A third reason, beyond the stimulus, was the desire of kings to protect their own authority. The Treason Act of 1351 set out exactly what counted as high treason, such as plotting the king's death, and made it punishable by hanging, drawing and quartering. In each case the definition of crime changed because those in power faced a new threat.

3. Exam question How far do you agree? 16 marks Stretch

"The role of the authorities in law enforcement changed very little in the period c1000-c1500." How far do you agree? Explain your answer. You may use the following in your answer: the hue and cry; Justices of the Peace. You must also use information of your own. (16 marks, plus 4 for spelling, punctuation, grammar and specialist terminology)

Mark scheme — 16 marks available

  • Level 1 (1-4) — A simple or generalised answer
  • Level 2 (5-8) — Some analysis, with a judgement that is asserted
  • Level 3 (9-12) — Analysis of both sides with accurate knowledge and a supported judgement
  • Level 4 (13-16) — Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement
  • SPaG (4) — Accurate spelling, punctuation and grammar, with specialist terms such as coroner and Justice of the Peace

Model answer

On the one hand, the community remained central throughout. The hue and cry was used from Anglo-Saxon times and was still being reinforced in 1285 by the Statute of Winchester. Tithings continued after 1066, local courts continued to hear most cases, and there was still no police force by 1500. Local people still did much of the work of catching criminals. On the other hand, the authorities took on a much bigger role. The Normans made crime an offence against the king - fines went to the king rather than the victim - and strengthened the sheriff. Henry II's Assize of Clarendon (1166) sent royal judges around the country. Coroners were appointed from 1194, Keepers of the Peace from 1195, and Justices of the Peace from 1361. After 1215 trial by jury in the king's courts replaced the ordeal. Overall, the methods of catching criminals changed little, because the community still did most of it, but the authorities' role in organising and running justice grew a great deal. By 1500 royal officials, not the village, controlled trials and punishment. So the statement is only partly true.

4. Multiple choice 1 mark Core

What did the Statute of Labourers (1351) do?

  1. A Banned poaching
  2. B Capped wages and stopped peasants leaving their lord Correct
  3. C Created Justices of the Peace
  4. D Ended trial by ordeal

Why: After the Black Death caused a labour shortage, it capped wages at the levels of 1346 and stopped peasants leaving their lord.

5. Multiple choice 1 mark Core

What was the job of a coroner?

  1. A Investigating suspicious deaths Correct
  2. B Collecting taxes
  3. C Running Church courts
  4. D Guarding town gates

Why: From 1194, coroners investigated unexpected or suspicious deaths.

6. Multiple choice 1 mark Core

What was the punishment for high treason under the Treason Act of 1351?

  1. A A fine
  2. B The pillory
  3. C Banishment
  4. D Hanging, drawing and quartering Correct

Why: Hanging, drawing and quartering - the harshest punishment, because treason threatened the king himself.

7. Multiple choice 1 mark Core

Who were the Lollards?

  1. A Royal judges
  2. B Poachers in the royal forests
  3. C Followers of John Wycliffe who challenged the Church Correct
  4. D Watchmen appointed under the Statute of Winchester

Why: Followers of John Wycliffe who criticised the Church; the 1401 heresy law was aimed at them.

8. Multiple choice 1 mark Foundation

When were Justices of the Peace established in every county?

  1. A 1066
  2. B 1361 Correct
  3. C 1215
  4. D 1500

Why: 1361 - Keepers of the Peace became JPs, local landowners who kept order and tried minor cases.

9. Multiple choice 1 mark Stretch

Which of these shows continuity from Anglo-Saxon England to 1500?

  1. A The hue and cry Correct
  2. B Trial by ordeal
  3. C Wergild
  4. D The murdrum fine

Why: The hue and cry was still in use, reinforced by the Statute of Winchester in 1285.