Feudal Justice

Medieval law grew out of several sources, the chief being the codified laws of the Roman Empire, handed down largely through the Church, and the traditional laws (with royal pronouncements) of the “barbarian” peoples.

At the start of the EF period, most law in northern Europe was customary–'the way things had always been done' Even rulers introducing new laws often couched them as mere codifications of past good practices, rather than as new laws. Codifying, and thus recording, increasingly tied down the legal rights and dues of the population–the English Domesday Book of 1086 being a prime example.

Initially there was no judicial organisation, all matters were local and patchy at best. However, as societies became more complex, different broad areas of law developed: that of Criminal Law, Civil Law, and somewhat separately, Canon Law.

The delivery of justice was also primarily local, with many diverse parties having rights and privileges in administrating and passing sentences. These individual privileges being progressively amalgamated and centralised as the Middle Ages unfurled.

The administration of justice was loosely based upon the feudal system, with rights being held by the nobility and some chartered urban centres. In a realm with a powerful central government, an unusual state of affairs during the EF or HC periods, higher justice might be reserved by the King and his appointed justices. Additionally, the various types of courts (manorial, borough, royal and canon), although they did have specific privileges, might conflict and compete with each other over rights of trial (and of fee collection).