By Joseph August Anton Diening (auth.)
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Extra resources for On Reasonable Liability: A Comparison of Dutch and Canadian Law regarding the limits of criminal liability
Sample text
Thirdly, the use of written dispositions in the ~ing's Council and the Chancery, and in the Admiralty Courts was based on ideas regarding pleading and procedure found in Roman law. It must be kept in mind that the common law courts wer~ the champions for the rights of the individual, the villagers, the farmers, the ruled masses. A clear cut controversy existed between the common lawyers and the scholars who advocated the in- -36- traduction of Roman law. The common lawyers were to win this battle.
Thus, one facet of this controversy was of a financial nature. When equity provided easier access to justice, cheaper procedures and a wider range of remedies, the courts of equity drew away business from the courts of law. Consequently, part of the controversy translated itself in efforts by the law courts, later supported by a Parliament that sought to wrestle its way out of royal control, to restrict the jurisdictlon of the courts of equity. For many years the two parallel jurisdictions co-existed but legal history is enlivened by many examples that show the effects of the controversy.
And lost, earning the reputation of a tyrannical king who flouted the Laws of England. He was a staunchly Roman-Catholic king and when a son was born to him, the higher classes feared that another Roman-Catholic king was gOlng to be the next ruler. The time for change was clearly ripe. ~he nobility grouped together and invited a Dutch ruler, William 'Stadhouder' of Folland, married to James II's oldest daughter Mary and a Protestant, to take the throne. This action of the nobility, recorded in the books of history as the 'Rebellion of 1688', resulted in William's invasion -the second William from the continent to invade England- and his and Mary's subsequent crowning.