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American Legal History

In: Historical Events

Submitted By LadyPh03nix
Words 2207
Pages 9
King's peace (pg 31-32)

Witan (pg 8)

Doom ( pg 10)

Doomsday book (pg 42-43)

ritualized expression of jurisdictional theory; used to invoke royal court jurisdiction. encapsulated a long historical development. in early German history there was virtually no public law of crime. Victims or kin would retaliate for wrongs against them. Anglo saxon kings promoted measures to substitute money payments in restitution. Concept of the king's peace enabled monarchs to develop what amounted to a public law as a wrong against the king. From Germanic law - notion of man's "peace" surrounded his person & home. to disturb either was offense that justified him in repelling the breach. King as a semi-sacred figured - anyone who attacked him was guilty of a more serious crime. As the King's power grew, his peace was extended to religious shrines & people. By extending his peace, king brought them protection - attacking them was like attacking the king. By Norman times, the king's peace had expanded to royal officers & to highways over which the king traveled. Over time, it was projected over his entire realm. It was generalized into a jurisdictional principle - that jurisdiction over serious crime belonged to the king's courts. Criminal manners became know as placita coronae = pleas of the crown. That jurisdiction had a monopoly over jurisdiction for major crime. The remainder, lesser issues were punished in the hundred courts & in the manors of the towns. (pg 31-32) The king consulted with the "wise men" of the realm ( endemic of Germanic Kingship). It was routine for him to deliberate with major land-holders on important matters of the state. Advisers formed this court (witan) - the Normans perpetuated it as curia regis (king's court). It was customary for the king to take magnates of the kingdom ( of which he depended) into his confidence to gain their opinion on matters...

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