Crime & Punishment

The Romans had to tackle a wide range of crimes because they made such a wide range of laws. Their laws dealt with all levels of crime from trying to assassinate the Emperor to selling under-weight bread in the market. They seem to have had all the kinds of crimes that other societies knew, for example: murder, arson and theft. We do not know which crimes were the most common because there are no records, but it is likely to be petty theft, with only a minority of crimes being violent. The Romans also had to deal with the crime of rebellion frequently as a result of having conquered such a large empire.

Laws were made by the Emperor and the Senate. They were written down in detail, often updated and covered all aspects of crime.

There was no effective police force in Rome but the Emperor’s guard protected the Emperor and stopped riots. The army acted as a police force in the provinces of the Empire.

Victims of crime had to collect evidence and bring the accused to court. They could hire trained lawyers if they could afford them. Juries decided serious cases; judges decided less serious ones.

Citizens: Citizens could be put to death for serious crimes such as arson, attacking the Emperor, robbing temples and stealing farm animals. Punishments for lesser crimes, such as theft or selling underweight bread included whipping, confiscation of property and repaying the cost of goods.

Slaves: All the slaves in a household were crucified if one of them murdered or tried to murder their master.

Legionaries: Legionaries who ran away in battle faced execution. One in every ten men from the legions that ran away was chosen by lot and also executed. This decimation was carried out ruthlessly.

Nobles: Nobles could be sentenced to death for serious crimes but they were given the option to go into exile to avoid execution.

Most crime was theft of money, food and belongings, usually of low value. Violent crimes were a small minority of cases.

Saxon kings made laws on a wide range of issues - they consulted with noblemen and bishops. Laws were designed to: protect and landowners and their property and protect freemen from violence.

The victims of crime were expected to find the criminal themselves, calling out fellow-villagers to chase criminals (the Hue and Cry). Adult men were grouped into tens called Tithings. If one of them broke the law the others had to bring him to court.

Juries of local people decided whether the accused was innocent or guilty. If they could not decide then the accused underwent Trial by Ordeal where God decided whether he or she was guilty (hot iron - women, cold water - men, hot water - men, consecrated bread - priests).

A series of courts developed, from royal courts and shire courts held twice a year to deal with serious cases to private or manor courts held by every landowner. Jurors relied on eye-witnesses who swore an oath that the accused was guilty when making their verdict (compurgation).

Criminals paid compensation to their victims. This was called a Wergild - the blood price. For example, 6 shillings for a broken arm. By 1100 executions and other physical punishments (mutilations) ordered by the government were more common. In later years execution was also used.

Most crime was theft of money, food and belongings, usually of low value. Violent crimes made up less than 20 percent of serious crimes and a far smaller percentage of all crimes.

Most laws were kept the same to show respect the previous Saxon kings. The hue and cry and tithings were still used. Other government officials such as the county coroner and sheriff played a leading role in investigating some crimes. During the 1250s, leading villagers were appointed as constables to help keep order.

The Watch supported at night; sheriff and posse supported if the criminal could not be found. The Coroner investigated suspicious deaths.

Juries still decided cases. Trial by Combat was used alongside Trial by Ordeal, but this was abolished in 1215. The system of courts developed further. From 1160s royal judges travelled around the country dealing with serious cases. County courts were held by Justices of the Peace who were the leading local landowners. Each manor still had its own court held by the local lord, often once a week. Jurors used eye witnesses and the personality of the accused to reach their verdict.

Executions and other physical punishments were the most common punishments, along with the fines in the manor courts. There were local prisons but only for holding prisoners awaiting trial. Prison sentences were not used as a punishment. The murdrum fine was used as a punishment and so was the stocks. Mutilation was used for reoffenders. Norman kings believed that any crime was an insult to the king’s peace. Therefore the wergild ended and replaced by punishments that were designed to emphasise the power of the king, rather than to give compensation to the victim.

Escaping the death penalty: Criminals could claim sanctuary where they could have 40 days to decide. They could choose to go to court or to choose exile. Criminals could also claim benefit of clergy, also known as the 'neck verse'. Criminals could also attempt to buy a pardon or become a King's approver.