CHAPTER 5
Medieva l C ri me
Medieval law
The conquest of England by the Normans marked the start of gradual change
in the administration of law. The Norman system was based on the holding of
land by lords who, while owing fealty to the king, could operate almost
independently in their own estates. However, the AngloSaxon legal system
survived, with modifications. Sheriffs (the old shire reeves) were now
appointed by the king directly; hundred courts continued to hear petty cases,
and a Court Leet was established to hear purely local affairs. This court was
presided over by a Constable, whose duties included keeping the peace in his
district. The Constable could not judge cases, but had to keep a factual record
of each case. He would find the evidence for the judges to consider in making
their verdicts. By 1285, with the Statute of Winchester, each hundred was to
have two Constables. In addition, there were watchmen, local volunteers who
carried out patrols at night, mainly to deal with vagabonds, strangers and other
undesirables, although their presence may well have been a deterrent for
criminals.
This system of policing was to continue right up to the nineteenth century
for much of the country; it was often inefficient and subject to corruption and
intimidation, but it was all there was. In most places, the only real protection
against crime was the unofficial‘neighbourhood watch’of people keeping an
eye out for misdemeanours and passing information to each other.
Each manor had its own court and towns had borough courts. William the
Conqueror also separated church courts from secular and royal ones. By the
twelfth century, members of the clergy could be tried in the king’s courts, and
the church could not judge land or debt cases between clergy and lay people.
They were restricted to matters of canon law and some civil law cases. Most
criminal cases were heard by the manor and borough courts. The lord of the
manor held the power to decide the case– for example, in Oxford, the
university chancellor, in effect the lord, could pass judgement on any offence
except murder or theft (so they could hear cases on poaching, seditious