'The Norman legal system was much harsher than the Anglo-Saxon legal system.'
How far do you agree with this statement?
Explain your answer.
Model answer
In some areas Norman justice was clearly harsher, especially where it protected the conquerors and the king's hunting. However, Anglo-Saxon justice was itself severe, and most of it continued after 1066. I therefore disagree that the Norman legal system was much harsher overall.
There are strong arguments for the statement. The murdrum fine meant that if a Norman was found murdered and the killer was not handed over, the whole hundred paid a heavy fine, so innocent communities were punished. The Normans introduced trial by combat. Above all, forest law was harsh: according to the Anglo-Saxon Chronicle, William ruled that anyone who killed a hart or a hind should be blinded, and villagers living in royal forests lost rights to hunt, graze animals and gather wood freely. The courts were now run by Norman sheriffs, some of whom, such as Urse d'Abetot in Worcestershire and Picot in Cambridgeshire, were accused of seizing land. Under William II justice could be arbitrary: Eadmer reported that when about fifty men accused of forest offences passed the ordeal of hot iron, the king mocked the result.
However, Anglo-Saxon law had already been harsh. Thieves and other serious criminals could be executed, and the laws of King Cnut laid down mutilation for repeat offenders. Trial by ordeal, with hot iron, hot water or cold water, was an Anglo-Saxon practice that the Normans inherited. Collective responsibility was also English: men were grouped in tithings that were responsible for each other's behaviour, and everyone had to join the hue and cry. Outlawry existed before and after 1066.
There was also much continuity. William claimed to be Edward the Confessor's heir and promised to keep the laws of King Edward. Shire and hundred courts carried on, with local men acting as suitors and witnesses. Compensation payments such as wergild survived for a time.
In some ways Norman justice was even less harsh. William's laws replaced execution with mutilation, such as blinding, which was brutal but meant fewer deaths. The Anglo-Saxon Chronicle, though critical of William, praised the good peace he kept, saying that a man could travel the kingdom unharmed with a bosom full of gold. The Normans also opposed the slave trade, and slavery was declining: slaves made up only about a tenth of the people recorded in Domesday Book.
The key difference, therefore, was not that punishments became much more severe, but that new laws such as murdrum and forest law protected the conquerors and the king's rights, and so felt foreign and unfair to the English.
In conclusion, the Norman legal system was harsher in specific ways that targeted the English, especially murdrum and forest law, but it was not much harsher overall. Anglo-Saxon justice was already severe, and the courts, ordeals and customs that most English people experienced continued largely unchanged.
Explanation
Murdrum, trial by combat, forest law and Norman sheriffs made justice harsher in some ways, but Anglo-Saxon law already used execution, mutilation, ordeals and collective responsibility, and William replaced execution with mutilation. Level 4 needs both sides explained with precise knowledge and a sustained judgement on 'much harsher'.