c1000 - c1500: medieval england

• Normans kept the system of tithings, the hue and cry and the court system. Law enforcement remained the responsibility of the community.
• The Normans introduced trial by combat.
• Parish constables were local people nominated by the community. The position was unpaid, and the post would be held for a year.
• From the 1250's parish constables would lead a hue and cry, and try to keep the peace. They would also arrest suspects.
• Trial by ordeal and combat were abolished in 1215.
• Justices of the Peace (JP's) had the power to hear minor crimes in small courts four times a year. They were appointed by the monarch, and were mostly local lords.
• The sheriff was expected to track down criminals if a hue and cry had failed. From 1285, he was allowed to form a posse to help him.
• Anglo-Saxon punishment:

  • fines
  • paying compensation to the victim of your crime (wergild)
  • corporal punishment
• Norman punishment:

  • increase in capital punishment
  • breaking forest laws was treated very harshly
  • wergild system ended, fines were paid to the king
  • minor crimes punished with public humiliation
• The Benefit of Clergy allowed people to get more lenient punishment if they could recite a passage from the bible. This is because the church was more focused on reforming criminals.
• Someone could claim sanctuary by going to a church. The priest would report the crime, but the suspect could not be arrested. The accused decides whether they face going to court, or leave the country.
• Types of trial by ordeal:

  • by hot iron / water
  • by water
  • by consecrated bread (priests only)