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410
Roman Rule of Britain (43 AD-410 AD)
The "Twelve Tables" (written in 450 BC) was the law of England during the Roman occupation. The "Tables" promoted public prosecution of crimes, victim compensation, and protected the lower class from abuse by the ruling class. Under the Roman system, an accused could seek help from a specialized legal adviser. These legal advisers are the forefathers of today's lawyers! Despite of all it's achievements, Roman law didn't consider women as "persons", therefore they had no rights. -
410
Fall of the Romans in Britain
The Romans left England in 410 AD. The Britons turned to God to determine guilt or innocence. To reveal God's judgement, the Britons use various gruesome, primitive methods including trial by ordeal, trial by oath helping, and trial by combat. -
510
Trial by Ordeal
Was based on the belief that God would rescue the innocent from perils and would allow the guilty to be harmed.
-By water: The suspect was tied up and put into deep water. If he floated, he was guilty. If he sank, he was innocent.
-By hot water: The accused had to plunge his arm into boiling water. If he didn't get injuried, he was inoccent.
-By hot iron: The accused had to hold a piece of hot iron. Then, his hand was bound for a few days. If the wound didn't become infected, he was innocent. -
510
Trial by Oath Helping (Compurgation)
This method was used for less serious charges. It required people who knew the accused to swear an oath on the Bible that he/she was innocent. If they complied, the accused was freed. This method might seem dishonest to us since many people might have been untruthful, but we must remember that most Medieval people feared retribution from God if they lied under oath. -
Apr 14, 1066
William the Conquerer and the Feudal System
William the Conquerer defeated the Anglo-Saxons in 1066.To establish his power in England, he adopted the divine right, a concept in which monarchs derive their powers from God. William established the feudal system, which divided England into pieces of land. Evrything within a piece of land, including the animals and peaseants who farmed on it, belonged to a nobleman. Each nobleman judged and sentenced those under his authority. By the 12th, the common people rose up against this unfairness! -
Oct 14, 1066
Trial by Combat
After the Norman invasion of Britain in 1066, trial by combat was introduced to determine guilt or innocence. The two parties involved in a dispute enged in a duel; it was believed that God would be on the side of the innocent, therefore he would win. Some men recognized they could hire stronger individuals to fight on their behalf. This is the predecessor of the adversial system. The main difference today is that the battle for justice is not based on physical strength, but mental capability. -
Dec 19, 1154
Beginning of the Common Law
King Henry II (Reign: 1154-1189) sought to bring fairness to the law. He sent judges to travel to various villages to resolve local disputes. Without a set of rules, the judges had to rely on their own common sense. Over time, they noticed similarities among various legal problems, so they agreed similar cases should be decided the same way. They recorded the cases and their decisions. These documents fomed the basis of the common law, since the infomation they contained was "common to all". -
Jun 10, 1215
Legal Reforms and the Magna Carta
Henry II of England jeopardized the power of the monarchy by establishing an independent system of courts. People began to think that if the king was no longer the maker of the law, perhaps he didn't rule by divine right. Therefore, he was not above the law! Angry barons forced King John (Henry's son) to sign the Magna Carta. This recognized the Rule of Law, in which NO ONE was above the law. Habeas Corpus was etablished, so no innocent man may be condemned without fair trial by his peers. -
The English Civil War & beginning of the Parliamentary System
The English Civil War began as a result of a conflict over the power of the monarchy and the rights of Parliament. As the conflict progressed, King Charles I was executed and a republic was formed in Britain. Although King Charles II eventually restored the monarchy in 1660, the Parliament was now the force who governed the country, not the Crown. Parliament's victory set the nation on the path towards a constitutional monarchy. -
British North America Act, 1867
The British North America Act 1867 (now called Consitution Act, 1867) outlined Canada's system of government, which combines Britain's Westminster model of parliamentary government with division of sovereignty between provinces (federalism). It sets out the reposibilities of each level of government and limits the powers of government. -
Canadian Constitution Act, 1982 and Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms contains clauses dating back to Magna Carta. Section 9 and 10 of the Charter guarantees freedom from arbitrary detainment and guarantees Habeas Corpus. British common law principles such as Rule of Precedent and Rule of Law are the cornerstones of Canada's judicial system. The British Parliamentary system is the current legislative structure of Canada. Without question, the British legal system is the single-most influencial factor in Canadian law.
