Druid priests were also judges {brehon}. People shamed others into going to Druid judges. Edward III of England abolished Brehon Laws [1350].
Clans declined. Clan-member rights became individual rights. Germanic clan assembly {folkmoot} disappeared. Families divided into hundreds and tens {tithing}.
England law codes were mostly about torts and criminal law.
County courts tried difficult cases, with churchmen presiding. Local courts were formal and compurgators were typically the only witnesses. Petty cases had trials within families.
Land was held individually, with some feudalism.
As clans decreased, a council {Witan} {Witenagemot} of Anglo-Saxon lords {thegn} replaced older folkmoot German clan assemblies.
Law profession {servientes Regis ad Legem} began.
They gained right to make laws.
Crown court judges developed law, which identified and validated customs and practices and which differed among geographic areas and social classes.
Crown courts used traveling judges {missi, judge}, and county courts decreased [1164]. Most crimes "broke the king's peace" and so justified crown courts. In crown courts, lawyers talked to judge while jurors listened. They had no witnesses. Lawyers gave no summations.
Grand juries started when citizens investigated crimes and charged persons. Petit juries judged trials. Jurors found facts by any agreed method. Verdicts had to be unanimous. If jurors did not reach unanimous verdict, court appointed more jurors until twelve agreed. If jury had decided wrongly, court penalized jurors strongly. After wrong decision, 24 knights heard case.
He lived ? to 1190, was Chief Justiciar of England under Richard I [1172], and wrote about written appeals {writ, appeal} to crown courts.
Before Edward I, king granted authority to Chancellor and Chancellor's court. The chancellor or chancery court required defendant or petitioner to provide equity.
Before Edward I, Court of Common Pleas heard common law cases at Westminster. Court of the King's Bench {king's court} heard civil and criminal cases. Court of the Barons of the Exchequer heard cases about king's finances. In shires, knights appointed by king, called Conservators of the Peace, presided over national courts.
People can petition king or his chancellor for justice {equity law}, even without existing law. England published chancery-court equity decisions {law of equity}, which used Roman and canon law. Chancery law and equity law rectified unjust common laws.
King had right to make law and to right wrong {king's conscience}.
Before Edward I, Parliament had only barons and churchmen and had only right to refuse money to king.
He lived 1210 to 1268 and relied on common-law precedents. He said that people can petition king, who must act justly.
King Edward I assembled clergymen and aristocrats but also added others.
People no longer used objects that had contributed to injury {deodand}.
Leaders presented written causes to hold people, to courts.
Lawyer guilds began. Apprentices learned English law in mock trials. Inns had Handbooks of English law. There have been up to 14 Inns of Court, but now are four: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple.
Chancery courts no longer forced new trial. Appeals asking for second trial by 24 knights ended.
Church and crown courts competed for jurisdiction. Clergy tried to keep right {benefit of clergy} to use church courts to settle disputes. Lay courts issued decrees {writ of prohibition} to stop church courts from taking over jurisdiction. Crown courts began to hear cases submitted by written complaints {complaint, writ} {writ of complaint}, which stated complaint, plaintiff, and defendant. Writ use increased, and trial by combat and trial by ordeal decreased.
Assizes county courts heard cases not heard by crown courts.
He lived 1394 to 1476 and was Chief Justice [1442 to 1461].
He lived 1422 to 1481 and was judge at Court of Common Pleas [1466].
Courts began to use English for written pleadings, which later became more formal and accurate.
Act ended perpetual land ownership.
Act prohibited land use without land title. Chancery then allowed land trusts.
Act allowed land disposition by will.
England established commercial law {law merchant}.
He lived 1518 to 1585.
He lived 1552 to 1644. He defended common law in Shelley's case, became Solicitor General of the Realm [1592], entered Parliament [1593], became Attorney General [1594], and later became Parliament Speaker. He became Chief Justice of Court of Common Pleas, the highest possible judge office, and became Chief Justice of the King's Bench under King James [1613 to 1616]. He refused to stay an action for the king, because it was against the law, and the king suspended him from Privy Council and then discharged him from office. He rejoined Privy Council [1617] and then entered Parliament again. He fought for constitutional rights and upheld Parliament against king [1620]. He became Baron Veculam and then Viscount St. Albans.
In Fuller case, he won common law courts right to issue prohibition writs. He blocked King James I from changing law, establishing that only Parliament was able to change law. He blocked King James's proclamation to stop using grain for starch, because Parliament had not proclaimed it. He worked against monopolies. He defended common law or civil law. He wrote about bail, mainprize, and copyhold estate.
He was always at legal and personal odds with Francis Bacon.
Psychology
Insane people do not know what they do and cannot have criminal intent. Insanity is not a defense if people know right from wrong {right-wrong test}. Drunkards, idiots, or fools can be insane at the time [1604].
He lived 1459 to 1521. Poynings' Law gave all legislation for Ireland to England.
Juries judged after hearing evidence and used evidence rules, including prohibiting hearsay evidence and indirect knowledge.
James I granted right of free speech to Parliament.
It tested right to habeas-corpus writ and decreased this right.
He lived 1584 to 1654, helped draft Petition of Right, tried to block royal authority, and was against freedom of seas.
Initiated by Edward Coke, a law {Petition of Right} stated that taxes, imprisonment, and quartering of soldiers in homes needed due cause or Parliament consent. It did not allow billetry. It said that people had right to habeas-corpus writ. It stated that imprisonment required cause and opportunity to answer charge. It required Parliament consent to order anyone to pay money to state. It gave Parliament right of free speech. It reduced martial law punishments.
He lived 1590 to 1661. He discussed laws between nations {ius inter gentes} based on actual legal practices and founded positivist or historical school of international law.
House of Lords and House of Commons formed during Stuart Restoration.
Act imposed laws on Irish Catholics.
Act increased right to habeas-corpus writ.
He lived 1642 to 1710. As Chief Justice [1681 to 1710], he added bailment law to English law, from Continental law.
After Revolution, judges held office for life, as long as they maintained good conduct.
Act tried to stop Jacobites from making Stuart Catholic king. It designated Protestant Hanover king and limited king's power. It imposed laws on Irish Catholics.
He lived 1723 to 1780, was conservative aristocrat, opposed American freedom, and was protégé of Mansfield.
Intolerable Acts passed by English Parliament levied more taxes in American colonies.
He lived 1705 to 1793 and established modern English commercial law, using Roman and customary law. He was Chief Justice [1756 to 1788] and opposed American freedom.
Only male property holders voted, so only one person in 30 voted.
They regulated prices and fixed wages. All people had to work. They established houses of correction for people that refused to work. Poor houses for disabled began.
Intolerable Acts passed by English Parliament reduced freedom in Massachusetts.
He lived 1729 to 1797 and was conservative Whig. He believed in maintaining current institutions and social customs, deciding on evidence not theory, and being skeptical. He exposed East India Company injustices in India, during Hastings trial. He opposed French-Revolution Jacobites. He tried to improve policies about America and wanted to free Ireland. He wanted to free House of Commons from King George III.
Politics
Political power is to preserve order. Society coheres through habit, emotional bonds, conventions, loyalty, communal feeling, and tradition {conservatism, Burke}, not by reason, rights, or law. Institutions can reform by small steps, keeping essence, rather than change too much or quickly.
People should be dutiful, loyal to traditions, bound by social relations, and fitted into roles. Moral tradition is more important than rational morality. Individuals should be free and independent, to judge and choose for best advantage and to be responsible for their families. Human nature causes inequalities in society, but justice must prevail.
Government should use power legally. Government should only maintain security and order, because it often abuses power. Bureaucracy and interference reduce human energies. Institutions should fit culture. Institutions should be free and independent. Changes should be slow and subject to change, because human frailty can make everything worse.
New bankruptcy laws began.
New divorce laws and new rights for married women began.
It reduced number of crimes carrying death penalty.
Real-property law reform began.
Henry Grattan led legislature.
He lived 1745 to 1836 and was High Court of the Admiralty judge [1798 to 1827].
In Dalrymple case, he decided that law of marriage location, not court location, decided validity.
He determined legality of capturing prize vessels at sea.
Domicile in peace is not necessarily the same as domicile in war. In war, neutral persons can be enemies. During war, citizen in enemy country is enemy.
England and Scotland union added Ireland, by Act of Union, after Wolf Tone of Ireland rebelled.
Wilburforce's efforts ended slave trading in British Empire.
Donald O'Connell in Ireland and Robert Peel in England led agreement that allowed Catholics in Britain and Ireland to be free and repealed Test Act.
Duke of Wellington, Prime Minister, passed it.
He lived 1790 to 1859 and founded science of law in England. Laws are sovereign's commands, with threat of punishment. Subjects must obey. Permission from sovereign or obligation cancellation grants rights.
Act increased voters by 50%.
Britain ended slavery in empire.
Act repealed Corn Laws, allowing free trade.
Laws gave right to vote to all citizens. Lord Shaftesbury introduced laws to stop women and children from working in coal mines, to have ten-hour workdays, and to create insane asylums.
Britain's Civil Service formed.
He lived 1822 to 1888 and studied change from status system to contract system.
Act changed Penal Laws.
Act resolved some Irish Land Question problems. Charles Parnell and Michael Davitt led Home Rule party in Parliament and encouraged violence in Ireland.
Laws joined common law and equity.
Courts used equity, so equity prevailed over common law.
Act gave Irish farmers good rent, fixed tenure, and land-sale control.
Ireland had home rule.
Ireland gained increased home rule from England.
Act allowed land purchases by tenants.
Act allowed land purchases by tenants.
Ireland gained increased home rule.
Act pledged to form Jewish state in Palestine. 100,000 Jews then lived in Palestine.
Northern Ireland became part of Great Britain.
England nationalized many industries under Labor Party.
Currently, English law allows defense of lower accountability {diminished responsibility}| for crime. Accused was not in control of his mind and so was not responsible for his or her physical acts. Diminished responsibility includes irresistible impulses and mental states different from those of ordinary human beings. Defense must prove diminished responsibility. Successful defense requires verdict of culpable homicide, instead of murder.
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Date Modified: 2022.0225