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History of British Legal System
History of British Legal System
called Sunday'. In 1669, in Braintree, John Danby from Wethersfield was tried for 'That he married his wifes sisters daughter which is incest and not knowing whether her husband be dead or not'. Punishment for petty offences was shame and humiliation. There were numerous recorded incidents of ducking stools, stocks and of bespoke punishments thought up for a specific crime. One such example was recorded in 1608 when John Taylor was indicted for 'wearinge weomen's apparell'; his sentence was 'his clothes to be cut and breeches to be mode of them & to be whipped thorowe the citie tomorrowe'. An accused would be presented before a judge and jury; counsel during this early period of English history was rare. Other than the elite and highly educated men, like Coke, there were arguably only the country attorneys. During the 18th Century barristers were becoming a more common feature of country life, and as time progressed their wealth and status grew. By 1739 a new society was formed, namely 'The Society of Gentlemen Practitioners in the Courts of Law and Equity'. This society endeavoured to protect the high standards and the conduct which go hand in hand with the legal profession. Arguably, by the 1750s, the barrister, lawyer and solicitor had established themselves as an organised profession. Before the establishment of the legal professions as we know it today, the accused had to argue their own case in court with a direct confrontation between themselves and their accuser. Other than in case of serious cases of treason, defence counsels were rarely seen in the court room. The Treason Act of 1692 introduced the common feature of a defence counsel, and as time passed, prosecution counsels were introduced for homicide. This can hardly be seen as a revolution; it was more of an evolution. It was not until the 19th Century that there was a distinct change. With a gaggle of Acts, for example the Prisoner's Counsel Act 1836 and the Poor Prisoner's Defence Act 1903, counsel became a regular sight in the court room. References. Beattie, J.M (1986). Crime and the Courts in England 1660-1800. Oxford: Claradon Press.
Kent,J.R (1986).The English village constable. 1580-1642 a social and administrative study. Oxford: Oxford University Press. Sharpe,J.A (1985.) 'The People in Law'. In B.Reay (ed) Popular Culture in seventeenthcenturyEngland. London: Routledge.
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