What was the judicial system like in Medieval times? Living in a castle, or in the village surrounding it?
Most medieval communities held hearings which were much speedier than today's lengthy trials. They usually lasted less than half an hour.
Earlier medieval communities had much more social responsibility than today. If one member of a village claimed they'd been wronged, he or she would complain and every villager had to join in the hunt and persecution of the criminal or they would all be held responsible as a whole.
The Middle Ages were serious about their religious offenses. Each town's church generally ran its own kind of court to investigate everything from bad attendance to heresy. However, the church was also a place where criminals could avoid sentencing or punishment: they could cry "sanctuary" and the offenders could hang out, without fear of being followed.
Criminals who committed lesser offenses were often subject to a policy of three strikes and you're out—literally. Rather than killing them off or letting them clog up prisons, repeat offenders were often simply banished from a city and not allowed back. The offender usually went to the next village, and then the next.
Capital punishment was sentenced only in the most serious of cases, which included murder, treason and arson. These criminals were usually hanged.
Most European countries had legislation preventing their kings and queens from completely running amok. England's Magna Carta, which limited the monarchy's financial powers among other things, is just one example.
Beheading was considered a "privileged" way to die and was reserved mainly for members of nobility, rarely commoners. Treason was their crime of choice and the beheadings usually took place inside private castle walls.
It was only during the Reformation period (beginning in 1550) burning witches really became "popular". Even at the height of hysteria, witches in England were rarely burned. They were usually hanged instead.
Mutilation was occasionally used as a punishment against those who'd committed serious crimes. Usually, though, medieval law simply used the prospect of losing bodily bits and pieces as an empty threat, rarely actually carrying out the deed.
The Rack, which continually stretches its victim's body in opposite directions–wasn't likely ever used in England until the very end of the 15th-century and the medieval period. It was employed freely beginning in the torturous heydays of the 1500s, when Queen Elizabeth I and other European monarchs began purging their countries of religious opponents.
And so, inside those cold castle walls, and tiny little villages surrounding them, justice was served.


Comments: 45
I would welcome any and all articles related to the Medieval Era. I, too, am very interested in this period in history!
Yes, I think you are so correct when you say: "Integrity is not hereditary."!!
Thanks for commenting, Quinn!
Thanks, Brad...I, too, love the medieval era...very interesting. The Renaissance period is my next love, especially the art that came out of it.
Thanks, Carol!
Medieval justic is facinating. One of my ancestors apparently was an executioner in the Tower of London. Go figure.
Thanks, Joan....yes, an actual article! heh!
But.....aaagghhh....one of MY ancestors was IN the Tower of London.....go figure! HA!
I find these two statements from your article self-contradictory:
"Most medieval communities held hearings which were much speedier than today's lengthy trials. They usually lasted less than half an hour."
"And so, inside those cold castle walls, and tiny little villages surrounding them, justice was served."
If the hearings lasted less than half an hour then justice could not possibly have been served with such a short time to examine the evidence. In such a short time the difference between a false accusation and a genuine one could barely be discerned. No doubt, many an innocent person was summarily found guilty of things they had nothing to do with, under such an inadequate system.
Much like our system, lengthy and tedious as it is today, eh? We still have many innocent people found guilty, even though we have a much more adequate system.
I agree with you Bill, about true "justice", however, one could argue the idea of "justice" infinitely.
They served their brand of justice as we serve ours. The only difference is time.
Possibly, I could have said: "And so, inside those cold castle walls, and tiny little villages surrounding them, the medieval idea of justice was served."
Thanks for commenting, Bill!
John S. - Yes, many things hinged on proving innocence or guilt in those days, as now. The difference, now, is that we have more time to prove it.
Yep...justice is, indeed, blind.
Medieval is such a cool word.
Lisa! Yes, a noble thing for Henry to do, eh? Unfortunately, the executioner was highly embarassed when it took more than one whack. YUCK!!!! Thanks for commenting!!
:) Thanks for commenting, Liz! And for your interest in the article!
Juni - yes!! Sharma has done wonderful programs, and I've loved them!! Thanks for commenting...glad you liked the article!
And thank you so very much for commenting!
Also, Barbara Tuchman recounts in her book A Distant Mirror how the citizens of Mons, France, once purchased a condemned prisoner from a neighboring town so that they might have the pleasure of seeing him drawn and quartered.
One of my way, way back ancestors, De Curci, was released from the Tower of London (he had gotten into a land dispute with De Lacy) so he could fight. He won. He was rewarded with land and his descendants became the Barons of Kinsale. My line of the family decided to get away from religious persecution and come to the New World, where they stayed, and pioneered. These ancestors were settlers of New Amsterdam. They were French Huguenots, gone to Holland, and then to the New World.
Barbara Tuchman's book "Through a Distant Mirror" is wonderful! I own this book, as my De Curci ancestors are mentioned in this book.
Unfortunately, bloodlust was popular.....and many were executed for sport. Ugh.
But, then, we have our own "gladiator sports" today......heh....
I write medieval adventure, so I love to read anything that speaks to those days.
(oops. there's more fodder for my file...)
Thanks, Beth...I'm glad you found this informative!
Beverly...you never can tell at Ren Faires! LOL!
Lori....you got it!! Methinks so, too! heh heh