Bear-baiting: from the Luttrell Psalter.
16. Robbers and Criminals.—The roads, indeed, were not always safe. Outlaws who had escaped from the punishment due to their crimes took refuge in the broad tracts of forest land which occupied much of the soil which has since been cultivated, shot the king's deer, and robbed merchants and wealthy travellers, leaving the poor untouched, like the legendary Robin Hood of an earlier date. Such robbers were highly esteemed by the poor, as the law from which they suffered was cruelly harsh, hanging being the penalty for thefts amounting to a shilling. Villeins who fled from service could be reclaimed by their masters, unless they could succeed in passing a year in a town, and consequently were often found amongst vagabonds who had to live as best they might, often enough by committing fresh crimes. Prisons, in which even persons guilty of no more than harmless vagabondage were confined, reeked with disease, and those who were, as wanderers or drunkards, put in the stocks, had, if an unpleasant, at least a less dangerous experience than the prisoner. One means of escape, indeed, was available to some, at least, of these unfortunates. They could take refuge in the sanctuaries to be found in churches, from which no officer of the law could take them, and, though the Church preserved some guilty ones from just punishment, she also saved many who were either innocent or who were exposed to punishments far too severe for their slight offences.
West end of the nave of Winchester Cathedral: begun by Bishop Edington (who built the great window) between 1360 and 1366: carried on by Bishop William of Wykeham from 1394 to 1416, and finally completed after his death.
17. Justices of the Peace.—Even harshness is less dangerous than anarchy, and from time to time measures were taken to provide against anarchy. Before the Conquest order had been kept by making either the kindred or the township liable to produce offenders, and this system was maintained by the Norman kings. In the time of Richard I. all men were required to swear to keep the peace, to avoid crime, and to join in the hue and cry in pursuit of criminals. In the time of Henry III. persons called guardians of the peace were occasionally appointed to see that order was kept, and at the accession of Edward III. these officials were established for a time by Act of Parliament as conservators of the peace. In 1360, the year of the Treaty of Bretigni, they were permanently continued, and the name of Justices of the Peace was given to them. They were to keep the peace in each county, and their number was to be made up of a lord, three or four gentlemen, and a lawyer, who was in those days always a cleric.[26] They were to seize and imprison, and even to try persons accused of crime. The king named these justices, but he had to name all of them except the lawyer from amongst the local landowners. In every way, in the fourteenth century, the chief local landowners were becoming prominent. The kings attempted to govern with their help, both in Parliament and in the counties.[Back to Contents]