OCR GCSE History B (J411) — Crime and Punishment (c.1250–Present)
You might think medieval England was overrun by violent murderers, but the most common criminal was simply a desperate person stealing food. Crimes against property made up roughly 75% of all offences during this period.
The law created a strict boundary based on the value of stolen goods. Petty theft involved taking items worth less than 12d (12 pennies, roughly three weeks' wages for a labourer) and was punished by fines or public humiliation. Stealing anything valued over 12d was considered grand larceny, a serious felony that carried the death penalty by hanging.
While property crimes dominated, violent offences against the person—such as homicide, assault, and rape—were still taken very seriously. Interestingly, over 50% of homicides were not planned murders but resulted from sudden arguments. These disputes frequently escalated due to strip farming, an agricultural system where neighbours worked very closely together while holding sharp farming tools.
What happens when you challenge the very top of the social ladder? The ultimate medieval crime was treason, a direct attack on the monarch or the social hierarchy.
To prevent kings from executing people on a whim, the Statute of Treasons was passed in 1351 to legally define the crime. It established seven categories of high treason, which included plotting the king's death, counterfeiting royal seals, or starting a rebellion. Punishments were incredibly harsh to act as a deterrent; men were hanged, drawn, and quartered, while women were burned at the stake.
The law also defined petty treason, which occurred when a social inferior killed a superior, such as a wife murdering her husband or a servant killing their master. Both forms of treason reflected the growing concept of The King's Peace—the idea that serious crimes were not just personal disputes, but direct violations of the monarch's authority and order.
Understanding what medieval society valued explains why failing to attend church was treated as an official legal offence. Religious beliefs governed daily life, leading to strict enforcement of moral crimes like gambling, adultery, and scolding (using offensive or abusive speech, a charge primarily aimed at women). These were dealt with by Church Courts, which issued punishments like public penance rather than execution.
A far more dangerous religious offence was heresy, such as the Lollard challenge to Catholic teachings. Because the monarch's power was believed to be divinely ordained, questioning the Church was viewed as a direct threat to the king's authority as well.
Conversely, a social crime was an illegal act that ordinary people largely accepted and tolerated. The best medieval example is poaching wild animals on royal land; while strictly illegal under Forest Laws, communities routinely turned a blind eye because it helped starving families survive. Criminals could occasionally escape harsh royal justice by claiming Benefit of Clergy to be tried in the softer Church courts, or by seeking Sanctuary inside a church building for 40 days.
Despite the romantic legends of Robin Hood, there was no massive "criminal class" of professional thieves in medieval Britain. The typical offender was a young male acting alone or in a small group, usually driven by poverty and hunger during years of poor harvest.
Following the catastrophic population collapse of the Black Death (1348–1349), the government introduced the Statute of Labourers. This effectively criminalised the movement of workers, creating a new profile of offender: the vagrant, a peasant who wandered between villages seeking higher wages.
At the opposite end of the social spectrum was fur-collar crime, committed by greedy members of the nobility and gentry. Rather than stealing to survive, these wealthy individuals engaged in extortion, kidnapping, and murder for financial gain. A famous example is the Folville Gang, a group of upper-class brothers who kidnapped a senior judge in 1332 and successfully ransomed him for 1,300 marks.
Students often confuse medieval crimes with later periods; remember that smuggling, highway robbery, and witchcraft are Early Modern crimes, NOT medieval.
In 'Describe' questions about the nature of crime, always structure your answer using the three specific OCR categories: crimes against the person, crimes against property, and crimes against authority.
When discussing the profile of criminals, contrast the desperate poverty of the 'typical' peasant thief with the greedy motivations of 'fur-collar' gentry criminals like the Folville Gang.
You can earn specific marks by identifying the 12d threshold that legally separated petty theft (punished by humiliation) from grand larceny (punished by execution).
Crimes against property
Illegal acts involving the theft, damage, or destruction of someone else's belongings, making up the vast majority of medieval crime.
Petty theft
The minor crime of stealing goods worth less than 12 pence (12d), usually punished by fines or public humiliation.
Grand larceny
The serious crime of stealing goods valued at more than 12 pence, which was considered a capital felony.
Felony
A highly serious crime, such as murder, arson, or grand larceny, punishable by execution.
Strip farming
A medieval agricultural system where peasants farmed long, narrow strips of land right next to their neighbours, often leading to sudden disputes.
Treason
A severe crime against authority, categorized into high treason (against the monarch) and petty treason (against a social superior).
Statute of Treasons
A law passed in 1351 by Edward III that explicitly defined the seven categories of treason to prevent arbitrary royal executions.
High treason
A crime that directly threatened the life, authority, or family of the reigning monarch.
Petty treason
A crime that challenged the social hierarchy, specifically when a social inferior murdered a superior (e.g., a servant killing a master).
The King's Peace
The legal concept that all serious crime was a violation of the monarch's peace and authority, rather than just a private dispute between citizens.
Moral crimes
Offences against religious or moral standards, such as adultery or missing church, dealt with in Church courts.
Scolding
A moral crime primarily targeting women for using offensive, abusive, or 'unladylike' speech in public.
Church Courts
Religious courts (sometimes called Bawdy courts) that dealt with moral crimes and sins, punishing offenders with penance or fines rather than death.
Heresy
Holding or promoting religious beliefs that contradicted the official teachings of the Catholic Church.
Social crime
An illegal act, such as poaching, that the majority of the local community tolerates and does not consider morally wrong.
Benefit of Clergy
A legal loophole allowing anyone who could read a specific Bible verse to be tried in more lenient Church courts instead of secular courts.
Sanctuary
A law allowing a criminal to claim safe refuge inside a church for 40 days before having to face trial or leave the country forever.
Statute of Labourers
A 1351 law introduced after the Black Death that criminalised moving villages to seek higher wages.
Vagrant
A wandering worker or peasant who left their home village, criminalised by post-Black Death labour laws.
Fur-collar crime
Serious offences such as extortion and kidnapping committed by members of the nobility or gentry for financial gain rather than survival.
Put your knowledge into practice — try past paper questions for History B
Crimes against property
Illegal acts involving the theft, damage, or destruction of someone else's belongings, making up the vast majority of medieval crime.
Petty theft
The minor crime of stealing goods worth less than 12 pence (12d), usually punished by fines or public humiliation.
Grand larceny
The serious crime of stealing goods valued at more than 12 pence, which was considered a capital felony.
Felony
A highly serious crime, such as murder, arson, or grand larceny, punishable by execution.
Strip farming
A medieval agricultural system where peasants farmed long, narrow strips of land right next to their neighbours, often leading to sudden disputes.
Treason
A severe crime against authority, categorized into high treason (against the monarch) and petty treason (against a social superior).
Statute of Treasons
A law passed in 1351 by Edward III that explicitly defined the seven categories of treason to prevent arbitrary royal executions.
High treason
A crime that directly threatened the life, authority, or family of the reigning monarch.
Petty treason
A crime that challenged the social hierarchy, specifically when a social inferior murdered a superior (e.g., a servant killing a master).
The King's Peace
The legal concept that all serious crime was a violation of the monarch's peace and authority, rather than just a private dispute between citizens.
Moral crimes
Offences against religious or moral standards, such as adultery or missing church, dealt with in Church courts.
Scolding
A moral crime primarily targeting women for using offensive, abusive, or 'unladylike' speech in public.
Church Courts
Religious courts (sometimes called Bawdy courts) that dealt with moral crimes and sins, punishing offenders with penance or fines rather than death.
Heresy
Holding or promoting religious beliefs that contradicted the official teachings of the Catholic Church.
Social crime
An illegal act, such as poaching, that the majority of the local community tolerates and does not consider morally wrong.
Benefit of Clergy
A legal loophole allowing anyone who could read a specific Bible verse to be tried in more lenient Church courts instead of secular courts.
Sanctuary
A law allowing a criminal to claim safe refuge inside a church for 40 days before having to face trial or leave the country forever.
Statute of Labourers
A 1351 law introduced after the Black Death that criminalised moving villages to seek higher wages.
Vagrant
A wandering worker or peasant who left their home village, criminalised by post-Black Death labour laws.
Fur-collar crime
Serious offences such as extortion and kidnapping committed by members of the nobility or gentry for financial gain rather than survival.
