(not clearly included because of Brexit)
This scheme of courts refers to England and Wales; Scotland's system differs
Law in the UK
Common law (judges)
Statute law (parliament)
equity (separate type of law). Equity is a whole different type of law
It's about principles of fairness
Plan:
1. Before 1066:
a. the Saxons;
b. the Vikings and the problem of succession
2. The Conquest
3. Feudalism and the Domestay Book
4. Church and state relations
5. Legal and administrative system
Map.
The Anglo-Saxons managed to established in several parts of the country.
Sussex West Saxes
Essex east Saxes
King's council (the Witan ) the King turns to these people to get an advice; the King could always ignore the Witan. The Witan's authority was based on his right to choose the King; the King's authority was in danger;
Shires and Counties sometimes
Shire fascinating thing is that present division of England is quite the same is historical one.
Sheriff initially were local administration of the King
the manorial system (manors: collect taxes, protect land and so on)
Military
Earl () initially earls were warlords. Manors were administrated be earls who were the warriors.
Christian Church was primary source of education; bishops gave support to the kings; God's approval was crucial and important; it made the power more legitimate
Monasteries or minsters (Westminster for example). The Church also contribute to the system of law and government. Monasteries were established by the Crown and were the places of knowledge
Begore 1066. The Vikings
The emergence of the Kingdom of England (10AD). Anglo-Saxon kingdom quarrelled between themselves.
875 Alfred who rules Essex, the one who 878 captured London with the help of the Vikings. Viking controlled that territory and establish the Danelaw.
Edward in 1035 become the king of Normandy (France); he brought some normans to the London. He died in 1066 without obvious will and follower.
Harald III of Norway, was quite unpopular in England, but his ancestors were rulers in England.
Harold Godvinson was a brave warrior, has no royal blood, but people and the nobility liked him
William of Normandy.
Despite the support of the Witan Harald Godvinson
1066 ("ten sixty six") William defeated Harald Godvinson.
Harald Godvinson marched to the north to fight the normans. The normans won due to better horses and arms.
1066 William of Normandy was crowned as an English King.
Feudalism. The basis of medieval society is holding the land. It was generally supposed that all land in the country belongs to the King. The main nobles of the King (180 barons). 3000-5000 knights
Peasants ['pesents]
England was not a very developed country compared to Europe.
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Private warfare
taxes for example taxes for court.
The thing is a landlord possessed many lands in different parts
That's why barons cannot quickly bother an armyin order to overthrow the King.
1/50 of the land to the King. One powerful family instead of several ones.
William started to collect taxed apart from customary dues.
Domesday book, 1086 .
how many ships were kept there
Common people generally were scared by the control.
William generally wanted to be everything in a legal form and legitimate his power and Domesday book helped him.
William introduces something new to the relations between the State and the Church.
Abbots and bishops were literate and educated people.
New special Courts ecclesiastical courts court that dealt with only church law.
Administative Changes:
Curia Regis (then the importance of the Witan decreased)
the system of sheriffs. Each shire was controlled by a sheriff, he collected taxed, raised army and protected the land; William appoint mainly normans to the positions of Sheriffs.
Separation of lay courts and church (or clerical) courts
Trial by ordeal was replaced with trial by jury. Ordeal . Williamsubstitutedtrialsbyordealswithjurytrials.
System of Courts
Shire divided into hundreds
Shire courts existed before the conquest
Feudal courts (earl) + ecclesiastical courts (bishop). Church law, secular law and so on.
There were judges in shires who collected local customary law and this was the beginning of common law.
