Medieval Justice by Kirralee ForbesPosted: June 11, 2012
Question1-Who introduced the common law and what were the new ideas of the common law that were initiated?
Who introduced the common law?
In 1154 King of England, Henry II introduced the common law. The common law is what we use today in our courts and magistrates. The common law is where a judge makes a decision, based on a case similar to the one present and he/she goes back to the document about that case and then chooses then what will happen according to the document so the court can’t be manipulated.
What were the new ideas of the common law that were initiated?
Trial by jury was introduced when the common law came in. Trial by jury is when a group of 12 or more people have heard the person being tried and give facts and evidence of the trial and make a decision that will help the judge’s final say. Before the common law is was ‘guilty until proven innocent’ and when the common law came it changed to ‘innocent until proven guilty’ which gives the accused person a chance to prove their innocence.
Question2-What is the difference between brutal justice and the common law?
Brutal justice is where there is trial by ordeal and trial by combat. Trial by combat is where the accused person pays a good fighter/warrior to fight against another fighter/warrior to prove their innocence. If you’re really poor and can’t afford to pay a fighter/warrior then you would just have to be tried by trial by ordeal. Trial by ordeal is when you are either tried by water or fire. When you are tried by water you are held under water for a while and if you drown you are innocent and if you float you are guilty and you are tortured to your death. Being tried by fire can be done two ways, one of them is having your hand put in boiling water and after 3 days if your hand has healed your innocent and if not you would most likely be tortured to your death and the other way is the same but you have to hold a burning red hot poker in your hand. One of the differences between trial by ordeal and the common law is trial by ordeal was ‘guilty until proven innocent’ and they couldn’t prove their own innocence whereas today we have a chance to prove our innocence so it is ‘innocent until proven guilty’. One of the other differences between them is today we aren’t tried by being tortured, both sides of the case are herd in court and the judge or a jury decides what is the outcome for the case.
Question3- Describe how the early Parliament is structured and compares that to today’s parliament?
Legislative assembly of Britain and of other governments modelled the early parliament. The monarch, the House of Lords, and the House of Commons make up the early British Parliament which traces its roots to the union (1300) of the Great Council and the King’s Court, two bodies that treated with and advised the king. Parliament was split into two houses in the 14th century, with the lords spiritual and temporal debating in one and the knights and burgesses in the other. Parliament also began to present petitions (bills) to the king in the 14th century, which after he agreed to it, it would become law.
In today’s parliament there is a green room and a red room. The green room is the House of Representatives and the red room is for the Senate Chamber. One of the things that they both have in common is that they are split into two houses an upper and lower with one person mainly in charge. One of the differences is that in the early parliament the king had the final say for a bill to become a law and now the majority of the house to agree for it to become a law.