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Crime and punishment in medieval Britain, c.1250-c.1500 - OCR BAvoiding punishment

Medieval law enforcement involved the whole community and was affected by the way society was organised. Punishments were harsh but reflected what people believed at the time. By c.1500, life had changed and new crimes had started to emerge.

Part of HistoryCrime and punishment, c.1250 to the present day

Avoiding punishment

Given how terrible punishments could be in the medieval period, it is not surprising that people who had been accused of serious crimes tried a wide range of methods to avoid death.

A woodcut showing four men in the stocks. Three are sitting and one is lying on his back. There is winged figure standing in the background
Image caption,
Stocks were used as a punishment for crimes such as swearing and drunkenness. Criminals would sit at a wooden frame and people in the community would throw rotten food and sometimes stones at them.

Avoiding trial

Becoming an outlaw

If they outran the criminals might have tried their luck with an outlaw gang living in a forest.

Seeking sanctuary

Religious houses offered safety and protection from the law to criminals who were on the run. Force was not allowed to be used on Church grounds, even by the The criminal then had up to 40 days and 40 nights to leave England forever before the Church’s protection expired.

Using powerful friends

If the criminal had powerful connections, such as the local lord, this could help them to get the charges dismissed and avoid a trial.

Refusing to plead

Criminals who refused to submit a plea of either ‘guilty’ or ‘not guilty’ were sent back to gaol. However, they were fed mouldy bready and water and would probably have experienced a slow and unpleasant death anyway.

Avoiding conviction

Many at the assizes often found the defendant ‘not guilty’ in cases where they felt sympathy for the accused. They were likely to know the person and might have tried to help if they believed the crime had been carried out in desperation. This was especially the case when women were on trial.

Avoiding execution

Buying a pardon

If the guilty person was incredibly wealthy, they might have been able to buy a pardon from the king.

Joining the king's army

If the country was at war, kings often chose to pardon criminals and outlaws if they agreed to join the army.

Pregnancy

Women who were pregnant would have their execution postponed. Their sentence was often reduced to a fine.

Benefit of the clergy

Priests could be put on trial in the assizes. However, only the Church was allowed to punish them, and the Church did not execute people. This was known as the benefit of clergy.

As a result, some criminals tried to claim that they were priests in order to avoid the death penalty. After 1351, they were required to read aloud a certain verse from the Bible to prove that they were churchmen (women could not claim benefit of clergy because they could not become priests). The verse became known as the neck verse because it was a way to avoid being hanged. Some criminals learned the verse off by heart, even if they couldn’t read, just in case they needed it.

Turning king’s approver

If a criminal gave evidence against other criminals, and those others went on to be convicted, the original criminal would be let off if they agreed to move abroad and live in