In no more than 100 words, summaries the Anglo-Saxon system of law and order

By the end of this section you should be able to… Understand the changes to law and order introduced by the Normans. Analyse why the legal system changed under the Normans. Explain the attitudes that influenced Norman approaches to punishment.

How much did the Norman Conquest change approaches to law and order in England?

Q) How much did the Norman Conquest change approaches to law and order in England? (16 marks) Level 1 1-4 These answers usually make general comments without detail – For example, punishments were harsher. Level 2 5-8 Good answers provide more detail, for example, about the harshness of the Forest Laws. Level 3 9-12 These answers will make comparisons to show the similarity or difference with the Anglo-Saxon approach – For example, showing the similarity in the continued role of the Church and the difference in the new harshness of approach to punishment. Level 4 13-16 These also weigh up the amount of change overall, having given examples of a range of similarities and differences.

Norman Law and Order Norman law was based around the idea of the ‘mund’, an area of land around every man’s home in which peace and order should be allowed to exist. This was a similar idea to the ‘kings peace’ that grew up under the Anglo-Saxons. After 1066, because the King owned the whole country, his ‘mund’ covered everybody. The idea of the king’s ‘mund’ meant that William was responsible for law and order throughout the kingdom. Shire courts continued under the new name of County Courts, and sheriffs still kept law and order as there was no police force. Tithings, the system of hue and cry and trials by ordeal, all continued. A ‘This also I command and will, that all shall have and keep the law of King Edward [The Confessor]...together with those additions which I have established for the benefit of the English people’ - Extract from a royal proclamation issued by William I; it was later issued by Henry I, who ruled from 1100 to 1035 B ‘Know that I grant and order that henceforth my shire courts and hundred courts shall meet in the same places and at the same terms as they were accustomed to do in the time of King Edward, and not otherwise.’ - Extract from orders sent by Henry I to the important men of Worcestershire in 1100, shortly after he became King. ‘Sources A and B show continuity between Anglo-Saxon and early Norman law.’ Explain two ways in which the sources support this statement.

One new introduction was the introduction of a new method of trial by ordeal. This was trial by combat. This had long been a Norman custom and was added by William to the existing Anglo-Saxon traditions. An invalid or a woman could be represented by an appointed ‘champion’. Although this was not a common method of settling disputes, it continued well into the Middle Ages, outlasting other trials by ordeal. Trial by ordeal ended in 1215 when the Church refused to administer oaths. 2) Explain the principles behind trial by combat (why did people think it was a good way of deciding a dispute?) 3) What does trial by combat tell us about Norman society?

Following the conquest the Normans faced and feared resistance and challenges to their authority from the Anglo-Saxons. Harsh punishments were seen as good deterrent. Physical punishments (mutilations and amputations) and executions became more common and the idea of paying compensation declined. Hanging was sued for a wide range of offences, including theft and arson, as well as murder. Some of the harshest punishments were given to those breaking the new Forest Laws. Punishments were carried out in public to act as a deterrent, and to show the community that the law was enforced. For minor crimes punishments remained the same – Fines, whipping, or public humiliation in the stocks or pillory. Crimes Punishments Minor crimes Fines Stocks or pillory Major crimes Beatings and floggings Amputation of hands etc Serious crimes or repeat offences Execution, most commonly hanging, but occasionally beheading, burning, stoning or drowning Most serious crimes Execution by beheading, burning or drowning Church influence The Church believed that punishment should also try to save the soul of the criminal and reform them. This was strengthened when William I set up Church Courts to deal with moral crimes. These included adultery, sex before marriage, as well as not following the rights and practices of the Church. They also controlled the behaviour of priests, and would punish them if found guilty. Benefit of clergy: Priests could only be tried by Church courts, which had no power to use the death penalty. It was originally assumed that only priests would be educated enough to read, but many wrongdoers escaped by learning by heart the passage from the Bible (nicknamed the neck verse) used for the test. Right of Sanctuary: A criminal who could get to the sanctuary of a church could not be arrested. If he confessed his crime, he would be allowed to leave the country. ‘On 24 May 1379, William Palmer, who was outlawed for the death of Thomas Wydenhale, was arrested and put in the stocks. But he broke them and fled to Leighton Buzzard church and stayed there for 13 days. On 6 June, he confessed to William Fancott, county coroner, that he had murdered Thomas on 5 June 1370. He sought the sanctuary of the Church and it was granted to him.’ - Extract from the account of a 14th century coroner. 4) Explain how religious effected crime and punishment in Norman England. 5) Explain what you understand by the term ‘Outlaw’.

Q) How much did the Norman Conquest change approaches to law and order in England? (16 marks) Begin by describing the structure of society. (Think about who was important and who was not) Identify three or four punishments and explain how these reflected society e.g. Christians being punished very severely because they challenged the Emperor by refusing to worship him. How will I be marked? 1-4marks These answers usually make general comments without detail – For example, punishments were harsher. 5-8 marks Good answers provide more detail, for example, about the harshness of the Forest Laws. 9-12 marks These answers will make comparisons to show the similarity or difference with the Anglo-Saxon approach – For example, showing the similarity in the continued role of the Church and the difference in the new harshness of approach to punishment. 13-16 marks These also weigh up the amount of change overall, having given examples of a range of similarities and differences. Mark: What you need to do next time to improve this type of question:

Q) How much did the Norman Conquest change approaches to law and order in England? (16 marks) Plan Similarities Differences On balance how much change was there? No change Very limited change Some Change Significant degree of change Very significant degree of change