Tang Wencai flew
Editor|Tang Wencai flying
The Magistrates of the Late Middle Ages in England were a very important part of the judicial system at that time, responsible for maintaining public order and fighting crime, they were the cornerstone of the English judicial system and had an important influence on the development of the modern judicial system.
This article will provide a detailed introduction to the historical background, duties and role of English magistrates in the late Middle Ages.
Historical background of English magistrates in the late Middle Ages:
The emergence of the British magistrate system in the late Middle Ages was a judicial system that emerged when British society was facing security problems and a high crime rate.
Prior to the 14th century, there was no unified judicial system in England, only a few local judicial institutions and courts, lacking organization and regulation, and the king and government were very worried about the need for a more effective judicial system to deal with this situation due to the growing problem of law and order.
In this context, the system of magistrates was born, which first appeared in England, first proposed in the Legislative Act of Parliament passed in 1275.
With the passage of time, the magistrate system has been continuously improved and developed, becoming a relatively complete judicial system in Britain at that time, and the establishment of the magistrate system not only brought certain improvements to the social security at that time, but also laid the foundation for the development and improvement of the British judicial system.
The emergence and development of the magistrate system took place against the backdrop of the difficulties and challenges faced by British society at that time, and in the late Middle Ages, there were still many unstable factors in British society.
For example, the contradictions between landlords and tenant farmers, the fights between different lords, the disputes between nobles, etc., all of which brought a lot of pressure to social security at that time.
At the same time, the British judicial system at that time also had various shortcomings and deficiencies, lacking a standardized and unified judicial institution, and the judicial process was not fair and transparent enough.
In this case, the emergence of the magistrate system provides a relatively legal and fair solution for the British judicial system, and is also conducive to maintaining social stability and security.
The establishment and development of the magistrate system can be said to be an important milestone in the development of the British judicial system, which not only played a certain role in the society at that time, but also provided experience and reference for the later improvement and development of the British judicial system.
On the basis of the magistrate system, the United Kingdom has gradually established a relatively complete and standardized judicial system, and promoted the standardization and fairness of judicial procedures.
The implementation of this system has also laid a certain foundation for the stability and development of British society, which is conducive to the smooth progress of social governance.
The emergence and development of the British magistrate system in the late Middle Ages was a judicial system produced in the context of various difficulties and challenges faced by Britain at that time, which brought certain improvements to the social security at that time, and also laid the foundation for the development and improvement of the British judicial system.
In today's society, we can still learn from it and establish a fair and legitimate judicial system, maintain social order and promote social development.
Duties and roles of English magistrates in the late Middle Ages:
Maintenance of public order:
In Britain in the late Middle Ages, public security problems were very prominent, and the crime rate remained high, which brought great challenges to social governance.
In order to maintain public order and safety in society, the government and the king at that time adopted a series of measures, of which the magistrate system was one of them.
Magistrates maintain the security and stability of society by maintaining public order and combating criminal activities.
The implementation of the magistrate system improved public order to a certain extent at that time, and magistrates were responsible for handling various public security issues.
Such as theft, murder, harassment, etc., administrative and judicial means were used to combat and ensure public order and safety, and magistrates were also responsible for maintaining the feudal system at that time, managing local affairs, handling disputes, and maintaining social harmony and stability.
While maintaining public order, magistrates also have certain judicial functions, and the procedures for magistrates to handle cases are relatively simple but also relatively fair, and judges can try and sentence defendants, punish criminals and protect innocent people.
In the society at that time, the establishment of the magistrate system provided a certain guarantee for social governance, enhanced the government's law enforcement capacity, and helped to maintain public order and safety in society.
The system of magistrates has played an important role in maintaining public order, ensuring social security and stability by cracking down on criminal activities, handling disputes, and maintaining the feudal system.
In today's society, we can learn from the magistrate system and establish a fair, legal and efficient judicial system that contributes to the security and stability of society.
Handling criminal and civil cases:
In the English late medieval judicial system, magistrates were responsible not only for criminal cases, but also for civil cases.
In handling criminal cases, magistrates may, in accordance with the law at the time, adopt lawful and effective judicial means to try and sentence defendants, punish those criminals, and protect innocent people.
For crimes such as theft, murder, harassment, etc., the magistrate can directly sentence the offender and impose the corresponding punishment.
In dealing with civil cases, magistrates are primarily responsible for resolving disputes and disputes, including land and property disputes, marriage and inheritance rights disputes, etc.
Magistrates may hear the testimony and evidence of the parties, conduct mediation or judgment, and resolve disputes.
Because the judicial system at that time was relatively simple, magistrates could handle civil cases relatively quickly and effectively maintain public order in society.
The handling of criminal and civil cases was an important aspect of the Magistrate's duties and provided an effective channel for the judicial system at the time.
Under the trials and judgments of magistrates, a fair, lawful and effective judicial system has been gradually established, which is conducive to reducing criminal acts and maintaining social harmony and stability.
In handling civil cases, the mediation and judgment of magistrates also help protect the legitimate rights and interests of the people and safeguard social fairness and justice.
Therefore, magistrates were of great significance in handling criminal and civil cases, and also provided an effective channel for the judicial system at that time.
Enforcement of sentences: Magistrates need to enforce sentences against offenders, including fines, whipping, exile, beheading, etc., and magistrates need to ensure that sentences are carried out in accordance with the law and protect the personal integrity and dignity of offenders as much as possible.
Collection of taxes: Magistrates are also required to collect local taxes and ensure that the Government receives sufficient financial support to maintain social order and perform its duties, and that taxes are collected in accordance with the law, as well as properly handle financial issues and prevent financial misconduct.
Managing the local police force:
In the late medieval British judicial system, magistrates were responsible for managing the local police force, in addition to handling cases, and magistrates were required to ensure that the local police department functioned smoothly and oversaw the work of the police to ensure that they enforced the law and maintained law and order.
Magistrates are responsible for organizing police forces, establishing police departments, dispatching patrols to protect urban and rural security, and in the event of an emergency, magistrates may also mobilize local militia or mercenary soldiers to protect social security and maintain law and order.
Magistrates are also responsible for formulating police work plans, establishing a police management system to ensure the smooth conduct of police work, and magistrates can also supervise and investigate the conduct of the police to ensure that the work of the police is not interfered with in any way and that the police do not abuse their power or violence.
The management and supervision of magistrates provided a certain guarantee for the police system at that time, enabling the police department to more effectively maintain law and order and protect the safety of the people.
The magistrate's duty to manage the local police force provided strong support for social stability and law and order at a time when public order was fragile and crime and violence were common.
Magistrates manage and supervise the work of the police department, which can effectively curb crime, improve the efficiency of police work, and maintain social security and order.
Therefore, the role of magistrates in managing the local police force was of great significance to the judicial system and social order at that time.
The actual situation of English magistrates in the late Middle Ages:
Although the establishment of magistrates played an important role in the development of the British judicial system, the actual effect of magistrates was not ideal due to the limitations of the social system and economic foundation at that time.
Because the social system and economic foundation at that time were relatively backward, the power of magistrates was greatly limited, so in some places, local lords and churches still had great judicial power, and it was difficult for magistrates to play a role in these places.
Due to the inconvenience of transportation and poor information transmission at that time, it was difficult for magistrates to quickly arrive in various places to inspect and handle cases, resulting in some public security incidents not being resolved in a timely manner.
In addition, the term of office of magistrates is relatively short, and many magistrates lack relevant legal knowledge and experience, and they are unable to effectively maintain public order and handle cases, resulting in a relatively poor public security situation.
Epilogue:
In today's society, the magistrate system has gradually faded out of the historical stage, but we can still learn some experience and enlightenment from it.
The implementation of the magistrate system shows that the establishment of a fair and lawful judicial system is very important for maintaining social order and promoting social development, and at the same time it is necessary to pay attention to the professionalism and experience level of judicial personnel in order to ensure the fairness and effectiveness of the judicial system.
Bibliography:
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4. Magistrates from the Economic and Social Perspective of the Tudor Period in England[J]. CHAI Bin. Lanzhou Academic Journal, 2006(01)
5. Research on the British Magistrate System[M]. LIU Xianya. Shanghai People's Publishing House.2017