Cameron Miranda
English common law, which originated in the early Middle Ages, is a legal system that gives great weight to judicial precedent. It was established in the King's Court (Curia Regis) in Westminster, near London, after the Norman Conquest in 1066. The common law aimed to unify the legal system by gradually replacing local folk courts and manorial courts, creating a system that was common throughout the country. Over time, judges based their rulings on previous cases, making the law accessible and applicable to all subjects of the king, regardless of social class. The evolution of common law was influenced by subsequent monarchs, particularly Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs.
| Characteristics | Values |
|---|---|
| Origin | English royal court, King's Court (Curia Regis) |
| Time Period | Early Middle Ages |
| Purpose | To unify the legal system, supplanting local folk and manorial courts |
| Focus | Case precedents, judicial decisions, and written documentation |
| Influence | Influenced by William the Conqueror, Henry II, and other monarchs |
| Geographic Reach | Spread across the British Isles and later to colonies |
| Current Reach | Approximately one-third of the world's population lives in common law jurisdictions or mixed legal systems |
| Contrast | Stands in contrast to civil law systems, with more discretionary power for judges |
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What You'll Learn
The influence of Roman law
English common law was invented in the early Middle Ages, in the King's Court (Curia Regis), a single royal court set up in Westminster, near London. It was developed in the centuries following the Norman Conquest of 1066.
Roman law, the legal system of ancient Rome, has influenced the development of law in most Western civilisations and parts of the East. It forms the basis of the law codes of most countries in continental Europe and their derivative systems. Roman law is considered to have reached its greatest degree of sophistication and influence during the first 250 years of the current era, often referred to as the "classical period of Roman law".
The legal institutions evolved by the Romans influenced the laws of other peoples long after the fall of the Roman Empire and in countries that were never subject to Roman rule. Roman law was in force in parts of Europe until the adoption of a common code for the whole empire in 1900, and in Germany until 1900. Roman law thus served as the basis for legal practice in Western continental Europe and its colonies, including Latin America and Ethiopia. English and Anglo-American common law were also influenced by Roman law, particularly in their Latinate legal glossary.
English common law, however, did not adopt Roman law wholesale. By the time Roman law was 'rediscovered' in the 16th century, the English legal system was already more developed than its continental counterparts, and the practical advantages of Roman law were less obvious to English practitioners. As a result, the English system of common law developed in parallel to Roman-based civil law.
Elements of Romano-canon law were present in England in the ecclesiastical courts and, less directly, through the development of the equity system. In the early 19th century, English lawyers and judges were willing to borrow rules and ideas directly from Roman law.
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![The Common Law; Its Origin, Sources, Nature, and Development, and What the State of New York Has Done to Improve Upon It, by Charles P. Daly 1894 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Unification of Anglo-Saxons
The unification of Anglo-Saxons was a long and gradual process that took place over several centuries, from the end of Roman rule in Britain in the 5th century to the Norman Conquest in 1066. During this period, the Anglo-Saxons, who traced their origins to Germanic settlers, became a dominant cultural and political force in Britain.
Initially, the Anglo-Saxons were divided into several small kingdoms, often at war with one another. These kingdoms acknowledged a "'High King", the Bretwalda, but maintained their independence. Over time, these kingdoms consolidated, and by 850 AD, there were three large Anglo-Saxon kingdoms: Northumbria, Mercia, and Wessex. The process of unification was influenced by external factors such as the Viking invasions, which began in the 8th century, and internal factors such as the development of a shared cultural identity.
The use of the terms "English" or "Anglo-Saxon" strengthened the idea of a single unifying cultural unity among the Anglo-Saxons, who had previously identified with their regional groups. This shift towards a shared identity was also influenced by the spread of Christianity, which replaced the pagan religious beliefs that had dominated Anglo-Saxon life in the 5th and 6th centuries.
Political unification was a key aspect of the process. In 927, King Æthelstan I became the first king to rule a single united Kingdom of England. However, his death in 939 led to a reassertion of power by the Danish settlers and other Anglo-Saxon kingdoms. It was only after 20 years of developments following Æthelstan's death that a unified kingdom of England began to take shape. The introduction of a single currency in 973 was another step towards political unification, but it also attracted a new wave of Viking invasions, leading to the payment of Danegeld to buy off the invaders.
The expansion of royal justice under King Henry II (1154-1189) further contributed to unification. This period saw the establishment of permanent royal courts, such as the Court of King's Bench and the Court of Common Pleas, which expanded geographically and socially, giving access to justice to a wider range of people across the country.
In conclusion, the unification of Anglo-Saxons was a complex and protracted process involving cultural, religious, and political changes. The development of a shared identity, the spread of Christianity, and the establishment of a centralised royal justice system all played a role in unifying the previously disparate Anglo-Saxon groups into a united Kingdom of England.
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Written documentation
The English common law, which originated in the early Middle Ages, emphasised written documentation, particularly royal writs. These were brief written orders from the king, written by his officials, that initiated lawsuits. Any freeman could purchase a writ to start a lawsuit against another party, for example, to recover property.
Writs were also used to compel legal actions regarding property and criminal cases. For example, the writ of Mort d’Ancestor began a legal action concerning inheritance upon the death of one's predecessor. The constant extension of the number of writs until the last quarter of the 13th century virtually ended the application of the old feudal baronial law.
The emphasis on written documentation was part of a broader shift in the 12th century from local, informal power arrangements to formal government organised along bureaucratic lines. This shift was characterised by the establishment of permanent royal courts and the expansion of the royal justice system across geographical and social boundaries.
The written documentation of common law was also reflected in the yearly compilations of court cases known as Year Books, which served as a principal source of knowledge for the developing legal doctrines, concepts, and methods.
While common law was not itself written down, the treatises of legal theorists such as Ranulf de Glanville and Henry de Bracton provided summaries of cases that were used as precedents by judges.
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Precedent decisions
The English common law system, which originated in the early Middle Ages, places great emphasis on judicial precedent. This means that judges base their rulings on previous cases, creating a body of law that is accessible and applicable to all subjects of the king, regardless of social class. This system of 'judge-made law' or 'judge-made common law' is also known as case law.
The early development of case law in the 13th century has been traced to Bracton's On the Laws and Customs of England, which provided summaries of cases that were used as precedents by judges. This led to the yearly compilations of court cases known as Year Books, the first of which was published in 1268. The Year Books are the principal source for knowledge of the developing legal doctrines, concepts, and methods of the time.
The English common law system has been influenced by various factors over the centuries. In the 12th century, for example, there was a shift from local, informal power arrangements to formal government organised along bureaucratic lines. This period also saw the influence of Roman law, with English lawmakers studying texts such as Justinian's Institutes (written in 533 AD). The first passage of this text, "cupidae legum inventuti", translates to "to the young desirous of legal knowledge", indicating its use as an introductory text for law students.
The Norman Conquest of 1066 also reintroduced continental and Roman ideas, with William the Conqueror and his successors influencing the development of common law. To unify the conquered Anglo-Saxon population, William promised to restore the laws of their last king, Edward the Confessor. This resulted in the establishment of common law, which focuses on case precedents rather than written statutes.
The evolution of common law saw contributions from subsequent monarchs, particularly Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs. The use of writs, or written orders from the king, allowed any freeman to initiate a lawsuit against another party, contributing to the expansion of the royal courts' jurisdiction.
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Judicial decisions
Common law is a body of law derived from judicial decisions, rather than from statutes or constitutions. It is based on judicial precedent and the style of reasoning inherited from the English legal system. Judges based their rulings on previous cases, creating a body of law that was accessible and applicable to all subjects of the king, regardless of social class. This is in contrast to civil law, which is based on written legal codes and leaves judges with less discretion in deciding cases.
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 operated as the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law.
The early development of case law in the 13th century has been traced to Bracton's On the Laws and Customs of England, which provided summaries of cases that were used as precedents by judges. The yearly compilations of court cases were known as Year Books, the first of which was published in 1268. These Year Books are a principal source of knowledge for the developing legal doctrines, concepts, and methods of the time.
The evolution of common law saw significant contributions from monarchs, especially Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs. The use of writs, or written orders from the king to initiate lawsuits, helped to create something more like modern property rights. Any freeman could purchase a writ to start a lawsuit against another party, for example, to recover property.
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Frequently asked questions
English common law was invented to unify the legal system across the country and make it accessible and applicable to all subjects of the king, regardless of social class.
English common law was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great (871), had developed a body of rules resembling those used by Germanic peoples in northern Europe.
English common law evolved gradually over time, with judges basing their rulings on previous cases and creating a body of law that was common across the country. The system was further developed by subsequent monarchs, especially Henry II, who expanded the use of travelling judges and introduced legal procedures such as juries and writs.
