Church and state relations from William the First up to the reign of King John

Before William the Conqueror’s reign the Church and the King cooperated: the Church had got lands and the King had power. After 1066 the King became the lord of the lords, church became subordinated to king and had to help controlling the country. But church wanted to be independent.

King John: abuse of judicial prerogatives and other causes of granting Magna Carta.

King John changed the judicial system to get more money. Usually during the trial won that party, which gave more money to the King. King John sold legal rights to the highest bidder (продавалправанаторгах), King used judicial system to punish his enemies. Litigation fees were increased (повысилсудебныеиздержки). Fines and fees weren’t initiated. As for taxation, high payments for succession to baronies, scutage became annual, general taxes. Other causes of granting Magna Carta were: loss of Land in France (after the conflict with Philipp the Second), conflict with the Pope, heavy taxes, illegal arrests of nobles, corrupt judicial system.

Magna Carta as foundation of British democracy.

Magna Carta was issued in 1215 by barons. Magna Carta guaranteed people freedom and rights. The right of due process meant that nothing could be done illegally. The person can’t be tried twice for the same crime. Also the right to proportionate fines appeared and the Church became independent.

King John and Edward I as warriors.

King John took part in wars against France. The first conflict was with the King John’s nephew, Artur. John paid 20000 (фаузенд) marks to be recognized as a lawful lord.

The second conflict was with French King, Philipp II. King John was a deputy in France, but French people complained that he collected heavy taxes, that’s why John was summoned to the French court. He didn’t want to lose lands, so he started the fight against France. The result of this war was loss some of French territories.

King John also was involved in conflict with the Pope. It was the conflict about choosingthe archbishop. As the result, thePope turned France against John. John gave up and followed Pope’s rules.

10. Development of statute law in the 13th century.

Statute law was developed by Robert Burnell, Chancellor of Edward the First. He made 3 groups of statutes. The first one controlled law and order and included Statute of Westminster, Statute of Winchester. The second group controlled land policy and included Second Statute of Westminster, Statute of QuiaEmptores, of Glocester, of QouWarranto. The third group controlled Church policy and included Statute of Mortain. Many deficiencies in the law were corrected.

11. Local government in the 15th century.

In 15th century sheriffs couldn't have been judges in local courts, but they have got another function: to collect taxes, to enforce the law, to catch criminals.

There were coroners who helped sheriffs, investigate cases with sudden death and keep records.

Justice of the peace was established by statute. JP's were chosen by the local people and settled minor disputes.


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