Kara Sears
The emergence of common law and the creation of Parliament were two significant developments in the history of England, which occurred over several centuries. In the late 1100s, England transitioned from local customs and laws that varied by locality to a more formal and unified system of common law under Henry II, the first Plantagenet king. This common law emphasized written documentation, peaceful dispute resolution, and the use of local juries. Meanwhile, the origins of Parliament can be traced back to the 13th century during the reign of Henry III, when it evolved from the great council of bishops and peers that advised the English monarch. The term parliament was first used to describe these councils during this period. Over time, Parliament gained legislative powers, eventually superseding common law with statutory law. The Model Parliament of 1295, established under Edward I, further solidified the role of Parliament in English governance.
| Characteristics | Values |
|---|---|
| Common law created | 1154, when Henry II became the first Plantagenet king |
| Common law meaning | A unified system of law "common" to the country |
| Common law development | Precedent decisions by judges became binding, creating a system common throughout the country |
| Parliament created | Evolved during the reign of Henry III (1216-1272) |
| Parliament meaning | A great council of bishops and peers that advised the English monarch |
| First known as Parliament | Model Parliament of November 1295 |
| First bicameral Parliament | 1341, when the Commons met separately from the nobility and clergy |
| Basis for future parliamentary government | Established under Oliver Cromwell in 1653 |
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What You'll Learn
Common law emerged in the late 1100s
The English common law emerged in the late 1100s, specifically in 1154 during the reign of Henry II, the first Plantagenet king. During this time, Henry II institutionalized common law by creating a unified system of law "common" to the country. This was achieved by incorporating and elevating local customs to the national level, eliminating arbitrary remedies, and reinstating a jury system. The jury, composed of citizens sworn under oath, would investigate criminal accusations and civil claims based on common local knowledge rather than the presentation of evidence.
The emergence of common law in the late 1100s was part of a broader shift across northwestern Europe from predominantly local, informal power arrangements to formal government organized along bureaucratic lines. This transformation was particularly evident in England, where Henry II established permanent royal courts, such as the Courts of the King's Bench and of Common Pleas, in Westminster. These courts played a crucial role in Henry II's comprehensive reorganisation of royal justice, which expanded geographically and socially, encompassing all classes from freemen to the highest-ranking nobles.
The development of common law during this period was closely tied to the use of royal writs, which were brief written orders from the king that initiated lawsuits. These writs, including the writ of Mort d'Ancestor, contributed to the creation of modern property rights and the undermining of lordly power. Any freeman could purchase a writ to commence a lawsuit, allowing the royal courts to handle a diverse range of legal matters for various litigants.
The English Court of Common Pleas, established after the Magna Carta in 1215, further solidified the role of common law in trying lawsuits between commoners in which the monarch had no interest. Judge-made common law served as the primary source of law for several hundred years before Parliament gained legislative powers to create statutory law.
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Henry II's role in common law
The English common law originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It was institutionalised by Henry II, the first Plantagenet king, in 1154.
Henry II's role in the creation and development of English common law was significant. He is often regarded as the "Father of the Common Law". Henry's reign saw important legal changes, particularly in England and Normandy. By the middle of the 12th century, England had many different ecclesiastical and civil law courts, with overlapping jurisdictions resulting from the interaction of diverse legal traditions. Henry's main contribution was to expand the role of royal justice in England, producing a more coherent legal system. He did this by creating a unified system of law "common" to the country, incorporating and elevating local customs to the national level, eliminating arbitrary remedies, and reinstating a jury system. The jury reached its verdict by evaluating common local knowledge, rather than through the presentation of evidence, which distinguishes it from today's civil and criminal court systems.
Henry's itinerant justices also influenced his contemporaries' legal reforms. For example, Philip II's creation of itinerant bailli drew on the Henrician model. Henry's intervention in Brittany, Wales, Ireland, and Scotland also had a long-term impact on the development of their societies, histories, and governmental systems.
Henry's reforms changed the relationship between the King and the Church, State, and society. He established permanent professional courts at Westminster and in the counties, which remain an important part of the English legal system. These courts were summarised at the end of his reign in the Treatise of Glanvill, an early legal handbook.
While Henry was greatly interested in the law and saw the delivery of justice as one of the key tasks for a king, some scholars believe that he was not personally responsible for creating the new processes. Instead, he appointed good administrators to conduct the reforms.
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Parliament's origins in the 13th century
The English common law originated in the early Middle Ages in the King’s Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It was instituted by Henry II, the first Plantagenet king, in 1154. He created a unified system of law "common" to the country by incorporating and elevating local customs to the national level. This ended local control and peculiarities, eliminated arbitrary remedies, and reinstated a jury system. The jury reached its verdict by evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems.
In the 13th century, as Parliament's origins began, some towns and each county started to send representatives to the king's council. The term Parliament was used to describe these assemblies. Representatives from the towns were called burgesses, and those from the counties were called knights of the shire. The process for electing burgesses varied from town to town, according to local custom. The laws governing who could vote in parliamentary elections changed very little between the 15th and 19th centuries.
In the mid-1230s, the term "parliament" became commonly used to refer to meetings of the great council, and in the 13th century, parliaments were developing throughout north-western Europe. These early parliaments functioned similarly to the Parlement of Paris, to which the English kings were vassals to the King of France. After the 1230s, the normal meeting place for the English Parliament was fixed at Westminster, and they tended to meet according to the legal year so that the courts were also in session.
The English Court of Common Pleas was established after the Magna Carta in 1215 to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in the Great Hall of the king's Palace of Westminster. Judge-made common law was the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law.
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The Model Parliament of 1295
The exact origins of common law and parliament are difficult to trace, as the birth of an institution that has lasted for centuries is bound to be subject to profound change over time.
The English common law originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It was institutionalised by Henry II in 1154, who created a unified system of law "common" to the country by incorporating and elevating local customs to the national level. This eliminated local control and peculiarities, and reinstated a jury system. The jury reached its verdict through evaluating common local knowledge, rather than through the presentation of evidence, which distinguishes it from today's criminal and civil court systems.
While the Model Parliament of 1295 is considered a landmark in parliamentary history, it was not a "model" in the true sense of the word. Many subsequent assemblies were attended only by aristocrats and the higher clergy, and it was not until 1325 that representatives of local communities became an intrinsic parliamentary component.
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The development of the House of Commons
The House of Commons of England, the lower house of the Parliament of England, came into existence in the 14th century. During the reign of Edward III, in 1341, the Commons met separately from the nobility and clergy for the first time, creating an Upper Chamber (the House of Lords) and a Lower Chamber (the House of Commons). The House of Commons was formed of knights and burgesses chosen as representatives, who began sitting in a separate chamber from the nobles and high clergy.
In the 13th century, landholders and other property owners in the counties and towns began sending representatives to Parliament to present grievances and petitions to the king. Simon de Montfort, a rebel leader, summoned the first Parliament to invite representatives of the major towns in 1265 during the Second Barons' War. This practice was later adopted by Edward I, who called the Model Parliament of 1295, to which representatives of the boroughs (towns and cities) were summoned.
Over the years, the House of Commons gained more power relative to the House of Lords. By the late 17th century, the House of Commons had gained the sole right to initiate taxation measures. In 1832, the Liberal Party government threatened to fill the House of Lords with new Liberal peers to prevent it from rejecting the Reform Bill. This threat was used again in 1911 to compel the Lords to approve the Parliament Act, which enabled the House of Commons to override the Lords' rejection of a bill. The Parliament Acts of 1911 and 1949 reduced the Lords' power to reject legislation to a delaying power.
The House of Commons underwent significant reforms in the 19th century. Constituency boundaries had not been changed since 1660, so many towns that had declined by the 19th century still retained their ancient right of electing two members, along with other unimportant boroughs. These were known as "rotten boroughs". At the same time, large cities like Manchester did not have separate representation.
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Frequently asked questions
Common law was created in the 1100s when Henry II became the first Plantagenet king. He institutionalised common law by creating a unified system of law "common" to the country.
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707. It evolved from the great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III (1216-1272).
Common law refers to the body of national law that was conservative in terms of substantive law, incorporating customary norms of the law of crime, family, property, and inheritance. Parliament, on the other hand, refers to the legislative body that creates statutory law and possesses legislative supremacy over other political bodies in the United Kingdom.
