Anglo-Norman Law in United Kingdom

Criminal Law History

Minor acts of violence, dishonesty or nuisance, were dealt with in seigniorial and borough courts by presentment of the jurors of courts baron and courts leet, and punished by fine or in some cases by pillory, tumbril or stocks. Grave acts were dealt with by the sheriff as breaches of the peace. He sat with the freeholders in the county court, which sat twice a year, or in the hundred court, which sat every four weeks. So far as this involved dealing with pleas of the crown the sheriff’s jurisdiction was abolished and was ultimately replaced by that of the justices or conservators of the peace.

The sheriff then ceased to be a judge in criminal cases, but remained and still is in law responsible for the peace of his county, and is the officer for the execution of the law. The royal control over crime was effectually established by the itinerant justices sent regularly throughout the realm, who not only dealt with the ordinary proprietary and fiscal rights of the crown but also with the graver crimes (treason and felony), and ultimately were commissioned to deal with the less grave offences now classed as indictable misdemeanours. The change resulted from the strengthening of royal authority throughout England, which enabled the crown gradually to enlarge the pleas of the crown and to weaken and finally to supersede the criminal jurisdiction, notably of the sheriff, but also of prelates and lords in ecclesiastical and other manors and franchises. “In the early English laws and constitution there existed a national sovereignty and original criminal jurisdiction, but the ideas of legislative power and crime were very slowly developed.”

During the 12th century the criminal law was affected by the influence of the church, which introduced into it elements from the Canon and Mosaic laws, and also by the memory of the Roman empire and the renewed study of the Roman law, which enabled lawyers to draw a clearer distinction than had before been recognized between the criminal (dolus) and civil (culpa) aspect of wrongful acts. The Statute of Treasons (1351) is to a large extent an admixture of Roman with feudal law; and to the same source is probably due the more careful analysis of the mental elements necessary to create criminal responsibility, summed up in the somewhat misleading expression nemo reus est nisi mens sit rea.

In the 14th century justices of the peace and quarter sessions were established to deal with offences not sufficiently important for the king’s judges, and from that time the course of criminal justice in England has run substantially on the same lines, with the single and temporary interruption caused by the court of star chamber.

Source: Encyclopedia Britannica (1911)

Anglo-Norman documents

We have legal and official documents of the Anglo-Norman time, and foremost among them Domesday Book, which expressly or by implication tell us much of the state of England immediately before the Norman Conquest. Great as is the value of their evidence, it is no easy matter for a modern reader to learn to use it. These documents, royal and other inquests and what else, were composed for definite practical uses. And many of the points on which our curiosity is most active, and finds itself most baffled, were either common knowledge to the persons for whose use the documents were intended, or were not relevant to the purpose in hand. In the former case no more information was desired, in the latter none at all. Thus the Anglo-Norman documents raise problems of their own which must themselves be solved before we can use the results as a key to what lies even one generation behind them.

Source: Sir Frederick Pollock, The History of English Law before the Time of Edward I (1895)

History and Anglo-Saxon Law

See the history of the Anglo-Saxon law here. In relation to the legal history of criminal law, see here.