OXFORD_English_Legal_History_Attack_plan_2007_Hackney -...

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Background * Civil Law: secular law of Rome Emperor Justinian in 6th century: classical approach used to create legal distinctions of contract, tort, property - based on quote from Gaius in 2nd century that all law is actions, things (property * Common Law used alphabetical system of classification until late 18th century instead of a classical approach of fitting things into categories, but content almost identical to Civil Law. I. County “Public” Jurisdiction * 52 counties in existence when Normans invade in 1066. Counties have courts with writs from King, but these courts were informal (Earls were figure heads, but Reeves effectively ran) - each county divided into “hundreds” (groupings of families with their own courts). * hundred courts were bulk of litigation until the end of the middle ages (1485 for everyone else, 1603 for lawyers) - 1215: Magna Carta clause 24 prohibited Sheriff from hearing pleas of the crown limits power of Sheriff. * travels county 2X / year to hear lesser pleas II. Local Feudal / Seignorial “Private” Jurisdiction * Tenurial jurisdiction: - by 1086, there were 1500 tenants in chief and many ladders * Maitland said longest ladder was 7 down. - different from Rome where no tiers: Emperor and then everyone else! - theory: Milson’s “land is government” feudalism created status, raised taxes, created rules for land, etc - 1290: Quia Emptores said no more subinfeudation! * Manorial Court: - Lord has writ to bring his tenants in to court - Lord has demesne land, then divided into * free land: Court of Baron / access to royal courts * unfree land: Court of Customary / no access to royal courts (seen as Lord’s servants) - unfree land not abolished til 1925! - 1231: Lord is limited to not hold court more than every 3 weeks * Glanvill (1189) said only writ control on Lord is no litigation about free land without a royal writ! - got around this writ control by “thorns at the value of ½ mark” use trespass / tort to litigate without a writ in front of Lord when dispute is really about freehold land - Lord in control of cases of libel / defamation until 15th century
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III. Privatized Royal Jurisdiction – Franchise Courts * Franchises were way for King to earn money by selling rights - rights to $$, jurisdiction, hold court, hold market, keep rabbits on your land, etc - King could revoke rights at any time and not return $$! * Church did this too would sell land but then take it back and say, you can’t sell God’s land but we’re not paying you back * 1278: Statute of Gloucester said to pull franchise courts back - Edward I issued Quo Warranto: issued by the King to give you the authority to do whatever you are doing * ie, now criminal if you are holding market without a Quo Warranto! * 1290: pressured to pull them back
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OXFORD_English_Legal_History_Attack_plan_2007_Hackney -...

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