Justice in the 12th Century

1. Before and After Henry II

2.  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

3. King’s Court
Wide jurisdiction. Tried disputes.
most serious crimes such
as rape and murder; also
County, Shire
disputes between vassals
or Borough
Court
Hundred
Court
Feudal Court
Vill or Manor
Court
Ultimate court of
appeal. Enforced king’s
rights; tried tenants-in-chief
Forest Courts
and serious
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.
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.

4.  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

5.  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

6.  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

7.  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

8.  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

9.  Harsh mutilatory justice remained
 Harsher after Assize of Northampton 1176
 Guilty lost both right hand and foot
 Not 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

10.  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