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Lecture

HIST 1001-B Nov.20,2012.docx
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Department
History
Course
HIST 1001
Professor
Hal Goldman
Semester
Fall

Description
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
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