Changing Law Enforcement Norman and Later Medieval England

This section explores the changes to law enforcement in England from the Norman conquest to the Medieval period. Following his conquest of England in 1066, William I continued many of the law enforcement methods that had been in place under the Anglo-Saxon system, but he also introduced new laws and structures to strengthen his control over the kingdom. One significant change was that the laws were now written in French, a language that was foreign to most Anglo-Saxons, making it more difficult for them to fully understand the legal system. This shift in language symbolised the Norman domination and the centralisation of power under the king.

While the responsibility for law enforcement continued to rest largely with the local community throughout the medieval period, later medieval kings took a more active role in ensuring the enforcement of laws. They introduced new positions and structures that increased the involvement of the monarchy and local government in the maintenance of law and order.

William I was determined to assert his royal authority, especially after facing rebellions from the Anglo-Saxon population. He believed that crimes were not simply offences against an individual but were acts of defiance against the King’s Peace—the concept that the king was the ultimate authority and protector of peace. His aim was to centralise law enforcement and ensure that the king’s power was respected throughout the kingdom.

Law Enforcement in Norman England

Under William I, many of the existing Anglo-Saxon methods of law enforcement remained in place. These included collective responsibility within the community, where local people were expected to take part in maintaining law and order. The key methods of law enforcement included:

• Tithings: A system where groups of ten men from a local community were responsible for each other's behaviour. If one member of the tithing committed a crime, the others were accountable and could face punishment.
• Hue and Cry: A system where the victim or witness of a crime would shout for help, alerting the entire community. The local people were then expected to stop their work and assist in catching the criminal. If someone failed to join the hue and cry, they could face a fine.
• Trial by Ordeal: This method was used when a crime could not be resolved through the testimony of witnesses or a jury. The accused would undergo a physical trial, such as walking through fire or placing their hand in boiling water, to prove their innocence. It was believed that God would intervene to show the truth.

Despite continuing these Anglo-Saxon practices, William introduced new roles to further centralise law enforcement and enhance royal control.

• Sheriffs: As part of his effort to implement the feudal system, William introduced sheriffs (known as shire reeves) to oversee law enforcement within each shire. They were responsible for ensuring that the king’s laws were followed and were often assisted by local officials.
• Posse: When a crime was committed, and the hue and cry failed to catch the criminal, the sheriff would organise a posse—a group of able-bodied men from the community—to hunt down and capture the suspect.
• Manor Courts: With the establishment of the feudal system, Norman lords set up manor courts to deal with crimes committed on their lands. These courts were responsible for dealing with minor offences and disputes, usually involving land or property.

Additionally, trial by combat was introduced. In this form of trial, the accuser and the accused would fight each other, and the winner was deemed to be innocent. The belief was that God would decide the outcome, and the loser, who was considered guilty, would often be hanged.

Church Courts

The Normans also established Church courts, which dealt with cases involving clergy or church matters. Church courts were generally more lenient than secular courts, particularly in their approach to punishment. For instance, capital punishment was not used in Church courts. These courts had their own set of laws, which were often more focused on issues of morality and religious observance, such as adultery or heresy, rather than secular crimes.

Law Enforcement in Medieval England

As time passed, the role of the king and central government in law enforcement grew even further. By the later medieval period, there was a noticeable shift away from relying solely on local communities to maintain law and order. Kings began to implement more structured and centralised systems for crime prevention and law enforcement, with key developments including:

The Posse

The role of the Posse continued throughout the medieval period. The posse was a group of men, usually organised by the sheriff, tasked with tracking down criminals who had fled after committing a crime. The posse could be assembled rapidly, and its job was to search for and apprehend the criminal to ensure they faced trial and punishment.

Royal Courts

Under Henry II in 1163, Royal Courts were introduced to centralise the administration of justice. These courts were appointed directly by the king and travelled around the country, handling the most serious criminal cases. The Royal Courts played a crucial role in establishing the king's authority over the legal system, as they bypassed local jurisdiction and reinforced the idea that the king was the ultimate source of justice.

Coroners

In 1194, King Richard I introduced the role of the coroner. A coroner's job was to investigate any suspicious or unnatural deaths, particularly where illness or natural causes could not explain the death. Coroners were appointed by the king and had a key role in ensuring that criminal deaths, such as murders, were properly investigated.

Justices of the Peace (JPs)

From 1195, Justices of the Peace (JPs) were appointed by Richard I to maintain the King’s Peace in areas where local communities struggled to do so. Initially, these men were knights, known as "keepers." However, by 1327, under King Edward III, this role was formalised and developed into the position of Justices of the Peace. JPs were responsible for administering justice in the local courts, including manor courts, and ensuring that laws were enforced. They met quarterly to review cases, enforce fines, and hold trials.

Parish Constables

In 1285, Parish Constables were introduced by Edward I as part of a broader push for more local law enforcement. These constables were usually volunteers from the local community and were responsible for maintaining peace in their parish, particularly in smaller rural areas. The role was usually filled by men who had other occupations, and their work was unpaid. The constables would assist the sheriff and JPs in carrying out their duties, including overseeing petty crimes and ensuring that the community was orderly.

Conclusion

Over time, law enforcement in medieval England evolved significantly, with the king and central government taking a more active role in maintaining order. William I’s introduction of the feudal system and the establishment of new roles such as the sheriff, posse, and trial by combat laid the foundation for future developments. As the medieval period progressed, the introduction of royal courts, coroners, Justices of the Peace, and parish constables reflected the increasing centralisation of law enforcement. The shift away from relying solely on local communities to a more structured system marked a turning point in English legal history, laying the groundwork for the modern system of justice.