Medieval England (c.1000 – c.1500):
Anglo-Saxon England;
• In Anglo-Saxon England, crime was taken very seriously and punishments could be very harsh
• During this time, king issued their own law codes stating what counted as a crime under their rule and how severe
the punishment should be for each offence
• Action that were considered crime were split into three categories:
• Crimes against the person were those that physically harm the victim – e.g. violent robbery, murder and
rape were all considered crimes
• Crimes against property were those that involve theft of damage of some else’s possessions e.g. arson,
and theft
• Crimes against authority were those that challenge people in power, like the king or the government e.g.
breaking the king’s peace, harboring criminals and treason
• While the king decided what actions were crimes, the church also enforced its own laws against moral crimes such
as blasphemy (insulting or mocking the church)
• Anglo-Saxon punishments had two aims – to prevent further crime (deterrence) and to make the criminal pay for
their crimes (retribution)
• Corporal and capital punishment were both used – the type depended on the severity of the crime :
• Murder, arson theft or treason could all be punished by death (e.g. hanging or beheading)
• Lesser crimes such as false accusations or manufacturing fake coins could be punished by mutilation
• Crime committed by slave were usually punished by flogging
• Some punishments were inflicted on the criminal to deter them from further crime through humiliation
• Minor offences such as drunkenness could be punished by having the offender locked in stocks and
pillories in a public place
• For certain crimes (e.g. murder or deliberate injury) the accused would have to pay a set fine to the victim or their
family – this was know as the wergild (an early form of compensation)
• The amount of the wergild payed would depend of the severity of the injury (dictated by the king’s laws) and the
status of the victim – e.g. is the victim was a nobleman the guilty party would pay more than they would have had
to had they harmed a surf
• The wergild allowed for revenge without bloodshed thus preserving order in comparison to the previous method
of revenge know as blood feuds wherein members of different families killed each other for crimes committed
against their loved ones ( these could last for decades)
• Maintaining law and order in this period was tricky as there was no official police force yet and so local
communities had a significant part to play
• Anglo-Saxon kings were responsible for creating laws and keeping peace in their kingdom
• In the 11th century England was united under 1 king and everyone in the kingdom had to obey the king’s laws
however due to the lack of police force to investigate crime and ensure the law was being upheld the king had to
rely on representatives to enforce the law
• Earls were powerful noblemen granted land by the king – they were responsible for enforcing the law in
the land they controlled (celled earldoms), however due to the size of these areas local representatives
were used to enforce the law in smaller areas called shires or hundreds
• Shire-reeves (or sheriffs) were noblemen who were chosen to govern a shire on behalf of the king and the
earl, they could summon local men to join a ‘posse comitatus’ to help them catch criminals. The also
attended local shire courts to collect fines and ensure that the law was being followed
• Reeves enforced law in hundreds (areas within a shire), their job included running local hundred courts
and bringing criminals to justice on behalf of the king – they dealt with less serious crimes such as
disputes over debts with neighbors which were tried in hundred courts.
• Most Anglo-Saxons lived in rural villages, these were often small communities wherein everyone knew each other.
Law enforcement in this period was usually based around these local communities as ordinary people had the
duty to catch criminals in their local area and bring them to justice:
• When someone discovered a crime, the hue and cry was raised – this involved shouting or making a loud
noise to alert others of the crime, it then became the duty of everyone in the vicinity to stop what they
were doing and help look for the culprit
• Communities were also divided into tithings, small groups of men over the age of twelve who shared
responsibility (for both crimes and justice). Each tithing was led by a tithing man and the whole group was
responsible for brining to court any member of the tithing who was accused of a crime . It was in their
interest to hand over the accused or else the entire tithing could be fined for failing to bring them to
court.
,• When someone was accused of a crime in Anglo-Saxon England they were put on trial to determine their guilt
• After a criminal was caught they would be put on trail in a hundred court in front of a group of respected local men
and a local official (usually the reeve) who would hear the case and decide the verdict. Local people played a key role
as both the accused and accuser produced witnesses (but no details or evidence)
• If the witnesses agreed that a crime had been committed the accused could be given a trail by compurgation wherein
they had to swear an oath of innocence and then gather a certain number of local people to act as compurgators
(people who were prepared to swear an oath that the accused was being truthful of their innocence)
• Oaths were very important due to the role of the church and so could act as evidence of innocence
• Reputation played a huge factor in these trails, if the accused had a poor reputation and was deemed untrustworthy
by their community they were less likely to secure enough people to swear of their innocence
• If a court couldn't reach a verdict, trials by ordeal were used – these were physical tests to determine guilt (usually
conducted by and in the church due to their extensive influence), they were based in the belief that god was all-
knowing and thus he could reveal innocence or guilt though the result of the trial
• The accused had to undergo three days of fasting and prayer beforehand to ensure they were pure and ready for
god’s judgement
• Trial by boiling water was mainly used for men wherein the accused would submerge their arm in boiling
water – it it healed well after three days, they were innocent
• Trail by cold water was also mainly reserved for men wherein the accused were tied up and and submerged
in a deep pool of cold water that had been blessed by a priest, if they floated this meant that the water and
god were rejecting him and so he would be found guilty
• Trial by hot iron was mainly used for women wherein he accused had to walk a short distance holding a red-
hot iron bar, if their would healed well after three days they would be found innocent
• Trails by ordeal have been argued to have many reasons behind their use – one being that god’s judgement helped
heavily religious communities to accept the verdict and the other being that they acted as a deterrent (as well as the
fact that the harsh nature of the trails frightened people into confessing)
Norman England:
• in 1066, the Normans lead by William the conqueror, invaded England – this became known as the Norman conquest
• William replaced Anglo-Saxon nobles with Normans but didn’t make any dramatic changes to the law
• After defeating the Anglo-Saxons in the battel of Hastings in 1066 the Normans took control of England and William I
became in charge of making English laws though he kept most existing English laws
• The Normans faced much opposition from many nobles who rebelled against William's rule and there were Anglo-
Saxon uprisings across the country from 1068-1071 including the rebellion in the north of England in 1069 – William’s
response to this was to devastate the area, killing hundreds of people and livestock and burning crops/ homes (this
brutal response was know an ‘the harrying of the north’ )
• These rebellions were serious crimes against authority, William could afford to loose control so he reacted swiftly and
forcefully *see above*
• In the years following the 1069 rebellion William tightened his control, replacing the remaining Anglo-Saxon nobles
and giving their land to Normans (many earls who had previously enforced the law were replaced by nobles more
willing to support William)
• Although he replace many of those responsible for enforcing the law, William kept most existing Anglo-Saxon laws –
he wanted people to see him as the rightful successor of the Anglo-Saxon king (Edward) and so he kept as much of
the Anglo-Saxon state as he could without threatening his authority
• As well as keeping some Anglo-Saxon laws, the Normans created new law to protect themselves and their
rights/authority
• Murdrum fine was introduced to help establish control over the conquered population in 1070. If an Anglo-Saxon
murdered a Norman/ if a Norman was found dead and the killer was not found then a large sum of money was to be
paid by the hundred where the body was found . This ensured that Normans lives was established as more important
than Anglo-Saxon lives by protecting them form violence at greater lengths than other
• Under the Forest laws of 1072 30% of England became royal forests (land reserved as a hunting ground for certain
nobles), Village communities and farms were evicted from this land as it was only accessible to William I, Norman
nobility and those who paid for a license . It came illegal to poach, graze animals or take wood from this land without
a license – this introduced poaching (hunting in someone else's land without permission) as a crime and it was
punishable by blinding, removal of fingers and even death. These laws were unpopular as they changed the lives of
ordinary people, rendering some unable to provide and so it was seen as a social crime as many believed it was not
fair and so though that breaking it was not morally wrong
, • The main aims of punishment were still deterrence and retribution and there wasn’t much change to actual
punishments as corporal and capital were still used (although usually to a higher degree)
• Death was still used as a punishment for serious crimes such as treason and murder (usually via hanging)
• Corporal punishments such as whipping and mutilation were still used for minor crimes
• One change was that The wergild was replaced by a new systems of fines – rather than paying compensation to
the victim or their family, the money went to the king
• The severity of the crime continued to dictate the punishment
• Trail by ordeal also continued under the Normans, however they introduced a new type – trial by combat
• This was a new type of trial by ordeal where two parties could fight to the death or until surrender and
the loser was judged to be guilty
• Showed the more military nature of Norman society and represented a more dignified way to settle
disputes – both of which reinforced the idea of Norman superiority .
• By introducing a Norman custom William was again enforcing the idea of Norman superiority
• People continued to live in small rural communities at this time and locals were still responsible for enforcing the
law in their area under the supervision of local nobles, sheriffs (shire-reeves) and reeves
• The system of catching and trying criminals also remained largely the same – the hue and cry and tithings
continued to be used to catch criminals and shore and hundred courts were still used to determine guilt (before
the accused was passed over to the church for trail by ordeal should a verdict not be reached)
• The few changes to local law enforcement included:
• The building of castles in strategic places to help prevent unrest and enforce law and order
• Earls became less powerful and the sheriffs began to act as the kings main representatives in the shires,
taking over shire courts (many were also given control of castles)
• By 1100, all Anglo-Saxon nobles had been replaced by Normans giving the Normans control over the
enforcement of the king’s laws
• He also introduced Foresters to combat the lack of upholding of the forest laws of 1072. these people enforced
Norman superiority/authority by patrolling areas such as the new forest (30% of England became ‘royal forests’)
and dealing with suspects very harshly - foresters were often hated by the local communities
The later middle ages:
• In the later middle ages, the king gained a bigger role in law enforcement and more new laws were created.
• During this period law enforcement became more centralized
• Law enforcement was increasingly carried out by royal officials thus creating a more centralized system as the king
had greater control over how his laws were enforced (sheriffs were still used to manage local courts)
• The court system was reorganized in 1166 – royal judges were appointed to travel the country and hear the most
serious cases in each area, meaning these cases were treated the same way across the country (more equally)
• The role of the coroner was created in 1194 – they investigated suspicious deaths and ensured that fines reached
the king
• From 1195 the king also appointed officials called keepers of the peace in areas where there was disorder, their
duty was to uphold the law
• In 1327, keepers of peace were appointed in al areas and they later became known as justices of the peace – they
had the power to imprison criminals, judge cases and hang the guilty
• By appointing more royal representatives into each region, the monarchs were able to ensure that the law
was applied more consistently across the country. This reduced the power of communities to police
themselves
• There was also changes to local law enforcement in this period. As towns grew it was no longer the case that
everyone knew each other so it became harder for communities to police themselves and so new roles were
created to help enforce the laws
• After 1250 people started appointing Parish constables who were ordinary men responsible for upholding the law
in their area (they did this in their spare time for a year and weren’t usually paid). The constable lead the hue and
cry and reported crimes to local courts
• watchmen were local citizens who assisted the constable by watching for crimes at night – they handed anybody
caught over to the constable
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