HENRY II:
“murderer” - stain on his honour
The greatest prince in Western Europe - the Angevin Empire (he inherited many lands, also married Eleanor of Acquitane). In France Henry II (the vassal of French king) had more lands than the king himself.
The Father of Common Law - he made king responsible for law. What was earlier?
First if somebody committed a crime it was only family issue to punish them
In Anglo-Saxon times there were shires, and each shire had different laws (or rather traditions)
Norman times developed feudal system, so a noble who had some lands could judge peope
Three ordeals in Medieval England
Ordeal by fire - hot iron rod. you had to hold it in your hand. Then they bandaged burn and if it was getting better, you were innocent
Ordeal by water - if you floated - you were guilty
Ordeal by combat - who won the battle was innocent
HENRY II CORONATION OATH (=promise)
Do justice
Put an end to bad customs
Stephen (before Henry II) captured the throne, so people put question on his reign. He allowed nobles to build castles wherever they want to - it led to anarchy.
HENRY II LAW:
Pulled down illegal castles
Brought back the laws of Henry I (he was inspired by him)
Travelling judges
Crime shouldn't be family matter, all crimes should be tried in kings courts
RESULTS:
Local customs and traditions were destroyed -> common law (everybody had the same system of law, based on comparison to previous cases)
Legal testbooks were written
Network of courts
Trials by juries (jury - ordinary people who could prove your innocence, they provided an alibi)
Severe punishment (odcinanie) even for smallest offences -> not many prisons (it was cheaper to cut somebody's hand or leg than building prisons )
Gibbet (szubienica) - a place of execution, it was often a public matter
JOHN I THE LACKLAND
Magna Carta = The Great Charter - document protected only barons.
Church is free to make its own appointments.
No more than normal amounts of money can be collected to run the government unless the king's tenants give their consent - it protected from demanding more and more money by the king from vassals, taxes could be increased only if vassals agreed to that
No free man should be seized (schwytany) or imprisoned or stripped of (pozbawiony) his rights, possession etc. except by the lawful judgements of peers.
HISTORIA - ĆWICZENIA - 04.11.2011