Law Enforcement in Medieval England (Edexcel GCSE History)

Law Enforcement in Medieval England – Timeline & Summary

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 different types 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

The different legal courts in Medieval England

• 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

How did law enforcement change and continue throughout the late Medieval period?