。
The ways Henry II reform the courts and the law.
亨利二世对法院及法律进行改革的方式。
King Henry II greatly strengthened the Court and extended its judicial work. He
divided the whole country into six circuits and appointed justices to each. Cases were
therefore heard before the intermittent justices who applied the law impartially. During
his reign, a common law was gradually established in place of the previous laws of the
local barons. He also introduced a new jury system to replace the old ordeal-based trial
system. Besides, he shifted the trial of clergymen charged with criminal offenses from
the Bishop’’s court to the King’’s court.
亨利二世大大加强了王家法院,扩展了其司法工作的职权范围。他将全国分为六个审制区。案件更多地由
巡回法官审理,并不偏不倚地使用法律。在他统治时期,逐渐建立起超越地方领主法律的普遍法。另外,他用
陪审员制度代替了旧的残酷的审判制度。他坚持被控犯有刑事罪的神职人员应由国王法庭审判,而不由主教法
庭审判。
II.Contents and the significance of the Great Charter
《大宪章》的内容及意义
Great Charter was signed by King John in 1215 under the press of the barons. It
consists of sixty-three clauses. Its important provisions are as follows: (1) no tax
should be made without the approval of the Grand Council; (2) no freemen should be
arrested, imprisoned or deprived of their property; (3) the Church should possess all
its rights, together with freedom of elections; (4) London and other towns should retain
their traditional rights and privileges, and (5) there should be the same weights and
measures throughout the country. Although The Great Charter has long been popularly
regarded as the foundation of English liberties, it was a statement of the feudal and
legal relationships between the Crown and the barons, a guarantee of the freedom of the
Church and a limitation of the powers of the king. The spirit of the Great Charter was
the limitation of the powers of the king, keeping them within the bounds of the feudal
law of the land.
《大宪章》是约翰国王1215年在封建贵族压力下签定的。《大宪章》总共63条,其中最重要的内容是:
(1) 未经大议会同意,不得征税;(2) 只有根据国家有关法律才能逮捕、监禁自由人以及剥夺他们的财产;
(3)教会应享受其所有权利且有选举自由;(4) 伦敦和其它城镇应保留其古时的权力和特权;(5) 全国要使
用统一的重量和长度度量衡。尽管人们普遍认为《大宪章》为英国的自由奠定了基础,但该宪章只是规定国王
和贵族之间封建关系和法律关系的文件,保证了教会的自由,限制了国王权利。《大宪章》的精神是限制国王
权力,使其在英国封建法律允许的范围内活动。
III.The origins of the English Parliament
英国议会的起源
The Great Council is known to be the prototype of the current British Parliament. In
1265, Simon de Montfort summoned the Great Council, together with two knights from each
county and two citizens from each town. It later developed into the House of Lords and
the House o
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