Changing Punishment Norman and Later Medieval England

This section explores how punishments in England changed between the Norman conquest and the Medieval period. After William I became king of England in 1066, he introduced several changes to the legal system, including modifications to the punishments used for crime. While many of the Anglo-Saxon punishments remained in place, William sought to establish a stronger, more centralised approach to law enforcement and punishment. His focus was largely on retribution and deterrence, aiming to maintain order and assert royal authority, especially following his conquest of England and the subsequent rebellions.

Punishment in Norman England

William I continued many of the punishments used in Anglo-Saxon England but also introduced some important changes:

Capital Punishment: William increased the use of capital punishment, particularly for serious crimes such as murder and for those who repeatedly offended. Death by hanging became a common form of execution for such crimes, especially for criminals who defied the authority of the Norman king.

Corporal Punishment: Physical punishments, such as mutilation, continued in Norman England. For example, anyone who violated the new forest laws by hunting deer without permission faced the harsh penalty of having their first two fingers cut off, rendering them incapable of using a bow and arrow. In some cases, repeat offenders would suffer even more severe consequences, such as blinding.

Fines: As in Anglo-Saxon England, fines continued to be used for less serious offences. These fines were imposed by the lord or local authority as a way of maintaining order and punishing minor transgressions.

However, some punishments were newly introduced or modified by William I:

The Murdrum Fine: One of the most significant changes to the Anglo-Saxon system of punishment was the introduction of the murdrum fine. If a Norman was killed and the murderer was not apprehended, the entire local community was responsible for paying a large fine. This was meant to ensure that the local people took responsibility for law enforcement. Additionally, murders were presumed to be committed against Normans, unless it could be proven that the victim was Anglo-Saxon.

Wergild: The system of wergild (compensation paid to the victim or their family) was abolished. Instead of the victim's family receiving compensation for the loss of life, all fines were now paid directly to the king's officials, which further centralised royal control.

Punishment in Medieval England

As England progressed into the medieval period, many of the punishments from Norman times continued to be used, although some developments and changes emerged under later kings. For instance, during the 12th century, King Henry II reformed the court system with the Assize of Clarendon in 1166, introducing the use of prisons, which were primarily holding cells for those accused of serious crimes awaiting trial.

Other punishments that continued throughout the medieval period included:

Stocks and Pillory: These punishments were intended to publicly humiliate offenders. The stocks were used for crimes such as drunkenness or swearing. Offenders were forced to sit with their feet locked into a wooden frame while members of the public threw rotten food, stones, or other objects at them. The pillory was a similar punishment, where the criminal’s head and hands were locked into a wooden frame, exposing them to public ridicule and abuse.

Physical Punishments: Various forms of physical punishment remained common in medieval England. These included beatings for minor offences, and maiming, such as cutting off a hand for repeat theft, as a means of preventing the offender from committing further crimes.

Death Penalty: For more serious crimes, particularly those involving violence or defiance against the king, capital punishment was still a common punishment. Death by hanging was a frequent method of execution. Death by beheading was considered a more honourable form of execution, typically reserved for nobility.

Fines: As in earlier periods, fines continued to be a significant form of punishment for less severe offences. These were often imposed for minor crimes or for those who could afford to pay rather than face more severe penalties.

Prisons: Under Henry II’s reforms, prisons were established to hold criminals, primarily awaiting trial. These early prisons were rudimentary, often small holding cells rather than places of long-term imprisonment, as the medieval legal system still focused on physical punishment or fines.

Official Pardon: People who were convicted of serious crimes could sometimes avoid execution by purchasing a pardon from the king, fighting in the king's army, or even participating in the Crusades. This reflected the growing power and influence of the monarchy and the idea that royal authority could sometimes be used to show mercy in exchange for loyalty or service.

High Treason and Severe Punishments

In the later medieval period, the crime of high treason was formally established as a crime punishable by death. Treason involved plotting against the king or attempting to kill him, and it became one of the most serious offences in the kingdom. The punishment for high treason was particularly brutal: those convicted were sentenced to be hanged, drawn, and quartered. This was a gruesome form of execution that involved hanging the offender until nearly dead, disembowelling them, and then quartering (dismembering) the body, which was often displayed as a warning to others.

Conclusion

The medieval period saw a continuation of many of the harsh punishments introduced by the Normans, with an emphasis on retribution and deterrence. While William I introduced key changes such as the murdrum fine and the shift in responsibility for fines to the king’s officials, many of the physical punishments, such as capital punishment and mutilation, remained in use for centuries. Over time, new systems such as prisons and high treason crimes further centralised control under the monarchy. These evolving punishment methods reflected the increasing power of the king and the growing complexity of medieval England’s legal system.