Medieval English Jurisprudence

Police is a fairly new idea. 19th century? I’m not going to look it up but it was recent. So what did they do before that? They policed themselves of course. 

In a village, families would have mutual agreements called Tithings - about 10-15 adult men would watch each other. Each would swear an oath of lawfulness and honor to one another. Would be each other’s keepers. If any of them did some crimes, the other ones would be bound by their oaths to turn him in to Johnny Law.

There was also a fine of 200 GP for failing to report a crime and it would be very rare to get clemency, so people reported crimes. 

Tithings would be lead by a Tithingman, who would be responsible for keeping his brothers in line. 

Each town would have a Constable, who would have the job of investigating crimes, forming posses, detaining suspects. The constable covered nearby villages as well. 

Above constables are Bailiffs, who would convene juries and find people to bond out the accused. He would also adjudicate civil claims, usually very quickly. 

Next is the Sheriff who would be the head of law and order in a county. He had a lot of leeway, access to a jail, the ability to deputize, the ability to pursue outfangthief (across county lines.) Sheriffs were not supervised by anyone and could abuse their power through arrest, interrogation, imprisonment, and levying fines.

Crime and Suspicion 

Usually strangers or strange acting people would be immediate suspects if any crime. (PCs.)

Any suspect who flees the scene would be pursued and hanged. Flight was considered an absolute admission of guilt. 

He who hosted the stranger (innkeeper) would vouch for the good character of the strangers and then would keep a very close eye on them. The host could be subject to the same pains as the accused. 

The Courts

Serious crimes were heard in county court every six weeks. A judge would make a circuit between five courthouses where he would stay for a week, and then rest for a week. Prisoners would be confined until that time. 

Characters accused of a serious crime will be confined for 1d6 weeks. Bailiff ran the jury and kept order, sheriff leads the prosecution, judge passes sentence. 

Any jailed person could pay bail to get out on own recognizance or have a bondsman post it. But if the person avoids court four times in a row (24 weeks) they were labeled outlaws and anyone can legally kill them. 

Juries were pulled from the location of the crime, so it was much more likely to get conviction; especially if the accused was a stranger.

Trial by Combat 

or, This Is Where You Come In

Any man could opt for trial by combat against the accuser. If he wins, the accuser would be convicted of perjury and hanged. The presumption is that God would not allow a guilty person to escape his fate. 

In practice, wealthy people would hire a champion to fight on their behalf. There were some men who would make a bloody, short career out of such fights. 

When it come to non-martial class characters (women fighting-men could opt out as well,) hiring a champion might be the best bet. However, if your champion loses, you lose too. 

On the other hand, a fighting-man might offer his considerable expertise as a champion to whomever he wished; for money, for honor, or for both.