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English_Legal_History_Oxford_2007 (2)

English_Legal_History_Oxford_2007 (2) - English Legal...

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English Legal History Outline I. Regnal Years a. 1066- invaded by the Normans—everything is traced back to this invasion i. Establish tight administration: based on French militaristic feudalism; maintain prior English court system, set up very small court at top for matters of State ii. 1081-86 Doomsday Book: admin stock taking – mapped entire country – know population, mills, roads iii. When they arrived England was organized into shires (no law common to land) 1. these were ruled by Earls (Fr. “Count”) 2. Shires were run by Shire-Reeve (sherrif; Fr. “Vice-Count”) – Viscontial Jur. iv. Primary job of the Normans: Bring Sheriffs under control of king – Royal officers answerable to crown, rather than local lords (complete by 13 th C) b. Henry II(1154-89) “Father of Common Law” i. Glanvill- the at book of the common law was written at the end of his reign ii. Invents Land Law Writs c. Richard I: he and Henry II spend much of time off on Crusades (little personal presence in court; much regime change in K’s absence) d. John (1199-1216) i. Crusades were over (ex: parents came home from vacation); No more France so less to rule ii. Beginning of constructive revolt against King iii. Magna Carta- first great constitution; gives people rights against King e. 1204- England and Fr. split inheritance – Kings now only have E. to focus on f. Edward I (1272-1307) i. First great burst of legislation. Great respect for law ii. First English name – English King iii. “Bundle of Energy” – indiscriminately good/bad. (slaughters Jews, subjugates Welsh) g. Henry III i. Bracton was written (2 nd great book of the CL) h. Richard III i. Littleton was written (3 rd great book of the CL) i. 1485- end of the war of the roses/ end of mid ages j. Henry VIII (1509-1547) (Tudor period) i. Makes self head of church; rise in representation of “divine right of kings” ii. Pushes into conflict with Parliament – opposition cuz you can’t challenge King – this goes too far k. James I i. Coke writing – asking about limits of royal power l. Charles I (executed 1649) civil war m. James II i. Revolution occurred (model for US rev.) “peaceably deposed” n. George III i. Blackstone writes 5 great books 1
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II. County “Public” Jurisdiction- (based on Geography) a. The Early Structure i. Shires divided into hundreds- each admin unit holds own court 1. County “court” was the business room- not just judicial a. adjudication was only one of the functions of the court 2. Hundreds hold their own court as well ii. The sheriff’s tourn and view (means review) of frankpledge 1. 2x/yr Sheriff goes round county, preceded by clerks – Q’d community about problems, crimes, admin issues 2. View of Frankpledge: All men join groups of 12; all resp for each other. Sheriff must check that all men are in these groups “pledged to do good” b. County Jurisdiction i. They heard minor criminal cases & deal with public administration 1. Magna Carta Cl. 24- said sheriff cannot hear “pleas of the crown” (meaning felony criminal offenses & royal/imperial matters) so the sheriff is left with only minor
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