Law Enforcement in Medieval England (Edexcel GCSE History)

Law Enforcement in Medieval England – Timeline & Summary

Each level of the hierarchy of Anglo-Saxon society had a role in law enforcement. Local communities played an especially important role. The systems of tithings and the hue and cry proved to be very effective in preventing and handling crime. Trial procedures included trial by jury, where oaths were taken before God, and often played a major role in administering justice. When juries could not reach a verdict, the decision was handed over to God through trial by ordeal. Both types of trials reflected the highly Christian nature of Anglo-Saxon society.

With the Norman Conquest of 1066, law enforcement continued to evolve. While the Normans maintained many Anglo-Saxon methods, they also introduced important changes. They built castles, established new positions, new types of courts and a new method of trial. They even changed the language of the legal system, which posed challenges to the population.

The later medieval era also saw a mixture of continuity and change. Though many existing methods of law enforcement remained in place, they were often modified or added to. Government-appointed officials and newly introduced royal courts expanded royal authority in law enforcement. The Church also made changes to law enforcement, with Pope Innocent III bringing an end to trial by ordeal in 1215.

What was Anglo-Saxon Society like?

• Anglo-Saxon society was arranged according to a hierarchy

  • The king was at the top of the hierarchy

  • He controlled the land

  • He had two main roles:

    • To defend England from invaders

    • To preserve the King's Peace

• In the Anglo-Saxon era, most people lived on or in one of the following:

  • Farms

  • Small hamlets

  • Villages

  • Burhs

• Communities were small and tight-knit

• Everyone knew everyone else, which meant that

  • People were expected to look out for each other

  • Most people had a strong sense of duty towards their community

  • If an individual committed a crime, they let down their whole community

  • The crime rate was fairly low

• Anglo-Saxons were also devout Christians

• They firmly believed in an eternal afterlife

• The Church offered ways to help people go to heaven and avoid hell

• Every village had a priest

• Everyone was expected to attend church and live by its rules

• The Church became more influential in law enforcement under the Normans

• The beliefs and structure of Anglo-Saxon society impacted how the law was enforced

Anglo-Saxon Law Enforcement

• Anglo-Saxon law enforcement was mainly the responsibility of

  • the local community

  • the Church

Tithings

• Anglo-Saxon England was made up of shires

• Each shire was divided into hundreds

• Each hundred was divided into ten tithings

• Members of each tithing monitored each other

• If one tithing member broke the law, the others would be responsible for either

  • Taking them to court

  • Paying a fine

• One person from each tithing regularly met with the shire reeve

• The shire reeve made sure any punishments were carried out

• Tithings was an effective self-help system designed to

  • Prevent crime

  • Emphasise collective responsibility

The hue and cry

• The hue and cry was a way of dealing with crimes when they were committed

Trials

• There were two types of trial in Anglo-Saxon England:

  • Trial by jury

    • Took place in a court

    • Men from the village tithing made up the jury

    • They had to reach a verdict 

    • They did this by listening to accounts from the accused, the accuser and any witnesses

    • They could also use their knowledge of people’s characters to help

    • Some cases were settled using oaths to swear innocence

    • The jury could support the accused by being ‘oath helpers

    • These oaths, also known as compurgation, were made ‘before God’

    • People believed that God would punish those who lied under oath

  • Trial by ordeal 

    • Often took place in a church

    • Occurred if a local jury could not reach a verdict

    • The judgement was then handed over to God

    • The accused would fast for three days and then hear Mass before the trial

    • A priest was always present

  • The table below lists different methods of trial by ordeal

Table of trial by ordeal methods

Norman Law Enforcement

• In 1066, William I became the first Norman king of England

• He faced opposition from many Anglo-Saxons

• Law enforcement therefore became an important priority

• William continued many Anglo-Saxon methods of law enforcement

• He was especially eager to keep those that were already proving effective, such as

  • Tithings

  • The hue and cry

  • Trial by jury 

  • Trial ordeal

• The Normans also changed how the law was enforced

  • They built castles all over the country

• They introduced new positions

  • The shire reeve became the sheriff 

  • Foresters enforced the Forest Laws 

• They added new law enforcement methods to existing ones

  • Trial by combat was introduced

    • The accused fought with the accuser until one surrendered or was killed

    • People believed that God had judged the loser to be guilty

    • The loser was then hanged

    • This was often used to settle disputes over money or land

• They changed the language of the legal system

  • Laws were written and court procedures were held in Norman French

  • Court records were kept in Latin

  • This disadvantaged most Anglo-Saxons, who understood neither language

• The Normans also established new courts:

  • Manor courts

    • Introduced after the feudal system came to England

    • The courts met to discuss and punish crimes that occurred on the lord of the manor’s land

  • Church courts

    • Used to try members of the Church who were accused of crimes

    • Dealt more lenient punishments than in other courts

    • Did not use capital punishment

Change and Continuity in Later Medieval Law Enforcement

• By the later medieval era, many Anglo-Saxon and Norman methods of law enforcement remained in use

• Later medieval kings expanded the role of governments in law enforcement

• Law enforcement was no longer just the responsibility of the local community and the Church

• Throughout the medieval era, courts decided on people’s guilt or innocence 

• They were used when suspects 

• Did not admit to the crime

• Were not caught in the act

• Different types of court were used depending on the crime

• Later medieval kings created some new positions of authority in law enforcement

  • Coroners

    • Formally appointed by Richard I in 1194

    • Tasked with investigating deaths that lacked obvious or natural explanations (such as illness) 

  • Keepers

    • Knights appointed by Richard I from 1195

    • Tasked with helping to keep the peace in some ‘unruly’ areas

    • Developed into Justices of the Peace (JPs) by Edward III in 1327

    • The role expanded when the Justices of the Peace Act was passed in 1361

    • For example, JPs were now allowed to preside over local courts

  • Parish constables

    • Introduced by Edward I in 1285

    • Responsible for keeping the peace in their parish

    • Men in the parish volunteered to do this role in their spare time

    • Held the post for one year

Table of change and continuity in later medieval law enforcement