Class Notes (835,292)
Canada (509,072)
History (652)
HIST 1001 (126)

HIST 1001-B Nov.20,2012.docx

6 Pages
Unlock Document

HIST 1001
Hal Goldman

Lecture 16 continued • Rise of English legal system • William the Conqueror holds the Norwegian country • Hold through bureaucratic and administrative apparatus • Use of Moots -> local courts that solve disputes • Most people continue to go to local courts after normans conquered England in 1066 • Pull litigants away from local courts • System of rits that allowed people to enter the court • King was interested in anything that involved his ‘stuff’ • Feudal system -> wealth was determined by people’s access to land • Wanted to know what was happening so that he could monitor his land • Courts -> actions involving disputes • Criminal activity meant forfeiting the land back to the king • Anglo-Saxans always had a representative in the local level • In the Shire -> administrative unit • Shire Gerefa -> sheriff (king’s man at local courts) • Job was as an observer not a participant -> made sure the king got the forfeiture of land • Grabbed litigants from this land • Much to the anger of local lords -> did not appreciate the king coming into courts • How did one get into the king’s court? • Fit dispute into a particular category • By 1215 king’s court is in a fixed location (before they had to have the court wherever the king was) • King received a fee for issuing these rits • Addition of travelling judges -> King’s court will come to you, every quarter judges will show up to hear your case • In 12 century, increasingly abolish following the right to have a dispute resolved by a jury • Jury trial in the king’s court rather than engage in trial by battle • Issue of the ordeal which was unpredictable by the local people • Likely that the jury came from inquisitio -> Question people to find out what the facts are • Go to King’s court • After 1166, King Henry II required the use of presenting grand juries, local men had to bring to attention criminals (grand jury -> usually just honest men in the village, “tell us about all the bad things going on”) • Petty juries were to tell whether something was good or not group of people • Law of land -> Have right to go to judicial ordeal • 1219-> Church does not take part (1215, involvement of church is abolished) • Convicted of serious crime had to give their land -> some simply refused to plead • Judicial ordeal is not available, jury trial is optional -> refuse to plea guilty or not guilty • Jury would determine if you’re guilty or not • No way to prosecute these people -> eventually the English people developed, imprisonment -> defendants put into a prison cell and given water from sewer until they entered a plea or died • Some it would be better because the kids would inherit their land because there was no plea • Crushed to death with a stone -> Attempt to force person to plead not guilty rather than get a confession • Those who believed they would be convicted would die and preserve their land for kids • 1772 abolished • Records were made on scrolls called pipe rolls • Oldest record of specific positions • As a result of this record keeping, could apply common law to all of England based on these written decisions • Prior to this, law had been decentralized, decided in local courts • Had core of literate men who worked for kings, could record things • Passed precedent was law itself, common law means not statutes passed by parliament but decisions made by judges from man years-> became law of land, bound by what laws we made in the past • The principal of stare decision -> cases based on past precedent • Common law (decisions by courts) vs. statute laws (Government law) • European systems developed differently based on a roman model, did not use juries, instead used investigating magistrates • Civilian system does not base its decisions on past court decisions -> uses gigantic courts of codes • Judges in the state • Common law system based on jury • By 1200, much of what would become the English system was replaced • Experiment on rule of law remained-> found way to obligate king • 1215, John is king of England -> Also has land in France (Kings of England had land in France) • Battle between French and England in France, John is losing to the French king • Needed to get money to finance the war -> used the tax to fight the battles (taxes everybody) • Doomesday book-> knew every part of the land • Too effective for the barons who were sick of being taxed, too efficient for the commoners • John’s tax was too efficient for the church -> free of molestation by the crown • John is weak -> no interest to have a civil war with the barons and the church • Created the Magna Carta (th
More Less

Related notes for HIST 1001

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.