The later middle ages (1100-1500)

For a long time after 1066, Anglo Saxon and Norman law continued to operate side by side, although it was Norman law that dominated
1. During a civil war that lasted from 1135 to 1154, law and order broke down
  1. Illustrates the importance of strong government in the maintenance of law and order
A new system after 1154
1. At the end of the war, Henry 2nd's priority was to restore the priority of the king
  1. He had to deal with powerful individuals such as great nobles who felt strong enough to ignore the law and decisions of the courts
    1. One of the ways he did this was by updating and drawing up together Anglo-Saxon, Norman and royal laws and created the basis of the English Common Law
      1. In 1164- Henry issued the Constitutions of Claredon which summarised the existing law and legal procedures
        he introduced travelling royal judges and also made use of juries much more regular
        new petty juries were increasingly used to decide on the guilt or innocence of the accused
2. Law enforcement after 1154
  1. England was divided into 6 circuits that royal judges travelled around to hear the legal cases using the English Common Law
  2. All courts now had their own prisons (gaols) to hold prisoners before trial
  3. The most serious criminal cases were dealt with by the king's court (a new court in London) and not in the local courts
  4. To make sure powerful sheriffs enforced the king's law, writs (kings instructions) were written and sent
By the time of Henry 2nd there were several systems of law operating in England
1. Anglo- Saxon law operated at the local level
2. Norman law as exercised by barons in their manor courts
3. Royal law which tried to bring great equality or fairness to the operation of the law
4. Church law which began to use punishment to achieve repentance and rehabilitation or reform of the individual
Changes and continuities
1. Change:
  1. Government officials such as the county coroner and the sheriff played a leading role in investigating some crimes
  2. Leading villagers were appointed constables to keep order
    1. Not paid and continued their day jobs
  3. Trial by ordeal was ended in 1215
  4. Royal judges travelled around dealing with serious crimes
  5. County courts held justices of the peace who were leading landowners
  6. Wergilds were no longer used
  7. In 1261, Justices of the peace (JP's) were introduced to each county
    1. to help apply justice in the local community
2. continuities
  1. Hue and cry and tithing still used
  2. Juries still decided cases
  3. Fines were still paid to the king
Crimes
1. Most crime was theft of money, food and belongings, usually of low value
2. Violent crimes were a small minority of cases
3. Local laws laid down by the Lord of the Manor
4. Gangs of outlaws were feared
  1. Folville gang- typical outlaw who committed numerous crimes but never caught
  2. Outlaws stole from anyone especially churches
  3. Used violence and arson to threaten victims
5. Depending on who was king depended on whether rich people got away with their crimes
  1. Henry 5th was strict where as henry 6th was weak and influenced
Policing
1. Hue and cry was used
  1. If villagers ignored this then the whole village would be fined a large sum
  2. If hue and cry did not catch the criminal
    1. Sheriff and his posse would have to take up the pursuit or to stop riots
      1. Any male over 15 could be summoned to join the posse
2. Other government officials such as the county coroner (first appointed by kings in 1190s) had to enquire into all unnatural deaths with the help of the local jury
  1. And sheriff played a leading role in investigating some crimes
    1. Sheriffs job was to track down and imprison criminals
      1. Clear and standard written instructions (writs) were issued to sheriffs and had to be returned to show that they had been carried out
        This process was overseen by the Court Exchequer and by the Justiciar
      2. A local jury swore on oath identifying the person they thought had committed the crime and the sheriff had to try and track them down
3. In towns helped by the watch- citizens who kept watch for crime during the night and handed over any suspected wrongdoers to the constable in the morning
Punishments
1. To avoid punishment criminals tried to reach sanctuaries (churches and cathedrals)
  1. the county sherif could not take them by out by force
    1. Careful religious ritual was followed if someone claimed sanctuary
      1. Sanctuaries were safe areas in church and cathedrals
        once a criminal reached sanctuary no one could take them out
        When someone knocked on the sanctuary door- the bell was tolled to let the townspeople know that someone had claimed sanctuary
        While the person was in the cathedral they had to wear a black gown with a yellow cross on the shoulder
      2. lasted for 40 days during which time the person had to decide whether to stand trial or leave the country in exile
        One the way to exile the person had to carry a white cross, the mark of a sanctuary man
2. As wergilds were no longer used and instead replaced by violent methods of execution and mutilation
  1. executions and other physical punishments were still the most common punishments along with fines in the manor courts
    1. Executions took place in public to scare people and were used not only for murder and other serious crimes but also for minor offences such as stealing goods worth more than a shilling
3. You could avoid the death penalty by:
  1. claiming benefit of the clergy
    1. Clergy could not be punished in the king's courts and the church courts did not execute people
      1. to prove they were a churchmen/clergyman they had to read the passage out loud from the bible
        'oh loving and kind god, have mercy. Have pity upon my transgressions'
        This was known as the 'neck verse' because reading it saved the necks of many criminals
        The theory behind this was that generally the only people who could read was churchmen
        clever criminals learned the verse by heart even if they could not read
        This option was only for men as women could not become priests
    2. did not get you off punishment altogether
      1. The church preferred mutilation to execution as it wanted to give the convict a chance to repent
    3. Most common way of avoiding execution as churchmen or priest could not be punished in the king's courts
      1. handed over to the local bishop for punishment
4. Join the army
5. Buy a pardon
6. Get pregnant
7. Become a king's approver (informer)
  1. Person who had committed an offence could offer evidence against wrong doers in return for a lighter sentence
8. The stocks and fines were also used as punishments in manor courts
9. There were local prisons but only for holding prisoners awaiting trial
  1. Prison sentences were not used as punishments

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The later middle ages (1100-1500)

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