Before and After Henry II

King ultimate source of Justice King’s court: highest court of appeal Travel and dispense justice = key role Writs drawn up by clerks overseen by Chancellor Authorised with King’s official seal

If King not available justices or delegated commissioners could try cases Justiciar King’s justices – travelling judges

County / Shire / Borough courts Where king’s writs made public Where legal customs of land made known, passed on

King’s Court

County, Shire or Borough

Court

Hundred Court

Feudal Court

Vill or Manor Court

Forest Courts

Some had jurisdiction over more serious crimes (eg rape,

murder). Depended upon a lord having been granted this

privilege. Otherwise feudal courts simply

where the lord dispensed justice to his

men and tenants.

Ultimate court of appeal. Enforced king’s rights; tried tenants-in-chief and serious disputes.Wide jurisdiction. Tried

most serious crimes such as rape and murder; also disputes between vassals

of different lords.

Sheriff checked tithings here. Also

dealt with land disputes between common folk and minor crimes like

petty theft.

Local courts managing local business, managing the manor and its fields, manorial offences, copyholds and where all males over 12 years old promised to

keep the peace.

King’s demesne. Overseen by Chief Forester.

Trial by cold water Accused thrown into pool of water Sank = innocent Floated = guilty

Court determined whether sinking or floating

About 2/3 passed

More usual ordeal for serfs and males About 83% of prosecutions

ordeals were ordeals by water

Trial by Hot Iron Iron blessed by priest then heated Accused walked set number of paces Hand bound for 3 days - inspected Healing cleanly = innocence

About 17% cases ordeal = hot iron

Mainly free men and females

If either ordeal guilty verdict Accused hanged or Foot cut off and banished from realm

within 40 days

Trial by Battle Originally usually used where

accusations made involving crime or property dispute

Alternative to hot iron Could appoint champion in certain

circumstances

Vanquished would then be punished Fined or hanged, depending on

crime

Clergy and town dwellers increasingly sought, and received, exemption from trial by battle

Accusations backed up by oaths

Juries sworn in on oath

Accusation could be refuted by an “exculpatory oath” Could be taken alone or with oath

helpers known as “compurgators” E.g. “prove your claim 12 handed” =

swear on oath with 11 others swearing alongside you

Especially used in Church courts and some urban courts

Decline in use and jurisdiction of feudal courts

Developed and increased use of juries

Increased and regularised visits from royal judges to shires Simultaneous assizes

Established Common Bench – new central royal court Development of core of expert royal judges Judgements became standardised and passed on

through realm body of common law

Standardised writs Returnable writs to track progress of case

Harsh mutilatory justice remained Harsher after Assize of Northampton 1176

Guilty lost both right hand and footNot guilty paid sureties for good behaviour

Glanville (1188) listed crimes punishable by mutilation or execution Treason, homicide, arson, robbery, rape

Special punishments for special crimes E.g. Murderers of Earl of Huntingdon’s baby

son tied to tails of 4 wild horses, torn apart

Alternative punishments: Ritual humiliation – e.g. Dishonest

traders Chester: brewing bad beer “shit seat”

Stocks – could be very painful

Moneyers – loss of right hand & castrated

Prison as punishment much rarer Assize of Clarendon (1166): jail built in

every county, in borough or royal castle

Often used for political incarcerations

Used for those awaiting trial

Used for those who made accusations and failed to follow them through