C1000–c1500: Crime and punishment in medieval England - 2 The nature of…

The idea

Medieval punishment was driven by deterrence (preventing crimes through fear) and retribution (inflicting deserved suffering). Corporal punishments, such as the stocks, were used for lesser offences to publicly humiliate and deter others. Capital punishment, usually hanging, was reserved for serious crimes like treason. Fines were also common. In Anglo-Saxon England, the Wergild was a system of compensation fines paid directly to victims or their families to prevent blood feuds, with the amount depending on social status. However, after the Norman Conquest, the use of the Wergild ended; fines were instead paid directly to the King's officials, reflecting a shift towards central royal authority and retributive justice.

What earns the marks

• Define deterrence as punishing criminals publicly to frighten others from committing crimes.
• Define retribution as punishing criminals to exact revenge or make them pay for their actions.
• Provide examples of corporal punishment (e.g., stocks, pillory, mutilation) and capital punishment (e.g., hanging).
• Explain the Anglo-Saxon Wergild as a compensation system designed to end violent blood feuds.
• Describe how and why the Wergild ended under the Normans, with fines being redirected to the King rather than the victim.

Common mistakes and how to put them right

• Confusing deterrence with retribution.

  Put it right: Clearly define deterrence as aiming to prevent future crime, while retribution is about punishing past behaviour.

• Stating that the Wergild was paid to the King.

  Put it right: Explain that the Saxon Wergild was paid to the victim or their family; it was the Normans who changed fines to be payable to the King.

• Assuming all crimes resulted in the death penalty.

  Put it right: Note that while capital punishment was used for serious crimes, fines and corporal punishment were much more common for minor offences.

Exam tips

• Use the end of the Wergild to illustrate the shift from restorative justice (compensating victims) to retributive justice under the Normans.
• Always link specific punishments to their purpose: e.g., the stocks were used for public humiliation, which acted as a strong deterrent.
• Be prepared to explain how a person's social status affected their punishment, particularly regarding the Wergild.