Life and the law in medieval times

Press, Volume CXIII, Issue 33241, 2 June 1973, Page 10

Life and the law in medieval times

Crime and Public Order In England in the Later Middle Ages by John Bellamy (Routledge and Kegan Paul Ltd.).

For once, we encounter a book whose title is perfectly explicit and selfexplanatory. This volume is the latest to appear in the series “Studies in Social History,” edited by Harold Perkin, and is an impressively detailed account of the problem of public order, and the judicial and penal machinery of that era in England. A common opinion, maintained by other historians, holds that the Middle Ages were a period of unrelieved lawlessness and barbarity. The author is concerned that this prevalent attitude may be a mistaken one. His close analysis of the contemporary legal records shows that there were decades of comparative internal peace, and that there were certain laudable features of the judiciary system. He praises the involvement of the middle class in the

maintenance of public order, in particular. The jury system meant that few people were convicted of serious crime, as the jurors were reluctant to condemn their neighbours to death: but it also meant that the king’s absolute power was modified. It is also made clear that vicious and humiliating punishments were becoming more rare, and that there was a kind of humanity in the system at this time which was later missing.

The later medieval kings found the maintenance of public order almost a full time job, and their success dependent on a few professionals, with their own personalities. They were depended on a few professionals, with a much larger number of amateurs participating locally. Their task was complicated by the immense influence, power, corruption and competition of the nobility. The careers of some colourful villains of the times are outlined. Clerical swindlers were in-

genious, and exploited the gullible and the pious to the full. The highway robber was the most professional criminal, and came into the category of “common or notorious malefactors” —persistent offenders. There were several notorious bands of outlaws and criminals who resembled the merry men of Robin Hood in certain details, but whose motives and practices were far from altruistic. Crimes which were commonplace in those times included abduction of heiresses, counterfeiting of seals, and sorcery. Homicide was common, too, and seemed to be related to a certain violence in society itself. In feuds and squabbles, the principle was one of “an eye for an eye,” and grievances were settled when opportunity arose. There was a distinction made in law in 1390 between killing with stealth, which was considered dishonourable and the grosser crime, and killing openly. Premeditation 'was not an issue.

The book casts light on such medieval practices as the granting of sanctuary—which was by no means a simple, automatic process—and abjuration of the realm. We also learn more about life in prison in the later middle ages, where the prisoner was expected to pay for every item of his existence, including the privilege of entering the gaol. There is no denying that the major purpose of the book is to impart information, rather than to entertain or persuade: but the reader may be disconcerted by a style which is often clumsy, as indicated by a sentence such as this: “It was not the depredations of the returning soldiery or the inflamed bellicosity of the participating nobility which had the deleterious effect on public order, but the prolonged absence of the king, usually at the head of his army.” However, the awkwardness of the writing does not obscure the intrinsic interest of the material, and the book makes a substantial contribution to our understanding of its topic.