THE HISTORY OF ENGLISH LAWS

Summarized by PRECIOUS LOVE N. DANAO

In the history of English law, there had been four phases or periods that was identified.
The first is before 1066 which is also known as the Roman and Anglo-Saxon periods before the
Norman Conquest wherein some records show that this was when the early growth of the law in
England has developed. The synopsis of Professor Heller that English laws growth started with
the Celts then to the Romans was assumed due to the series of events that indeed there was a
great Roman legal influence during that time. Moreover, the Roman Influence was said to be
strong enough in many parts of Europe to allow some features of Roman law to survive over the
centuries.
The Anglo-Saxon Period played a very significant time as well in the growth of different
laws in different parts of England that resulted into many milestones of English law. In Hellers
brief account on this period it has been believed that Celts evolved into several tribal groups
which is headed by a king each and are most of the times at war with one another. Although there
had been several tribes then with each King and had different sets of laws being followed as they
differ in its king over the centuries. However, still the significance in the laws and customs may
be applicable uniquely in different parts of England during the Anglo-Saxon period. As early as
these periods and the different laws being followed, a common or defining feature of the
common law is the importance of courts and its operation. The importance of courts was
because of the competition of the different court systems and that the central role of judges
sitting on the courts whose decisions formed core to the common law. It is in this period where
the hundred courts is being held once every month or four weeks which lasted a whole day and
met in a variety of places. However, the hundred courts were not the only type of courts but a lot
more such as manorial courts, shire courts and country courts which vary depending on its
customs.
The second phase or period was on 1066-1400s and was known as the growth and
stabilization of the common law. The transition of Englands law from the Anglo-Saxon
customary law to a law which is common to all of England, emerged out of a jurisdictional battle
involving royal courts and local courts paralleled the irrepressible trend toward centralization of
political power in the country and proved ultimately fragile and unsustainable on its own because
of its procedural complexity and its limited applicability. The year 1066 is thought to be the
most important date in the history of English law because of the remarkable events in this time.
In this time the assertion that all law emanated from the king was very important and that
William travelled the country and in every town and demanded to know what offenses were
committed which broken the kings peace. Good thing, those events in 1066 more particularly
the Battle of Hastings that marked William of Normandys successful invasion of England. In

this time as well where Rene David offered an overview of the Normans conquest which is the
restructuring of English political authority that it brought and the early creation of common
law in England. David also explains the sort of feudalism was installed in England under
Williams centralized administration. This said feudalism was very different from that of France,
Germany or Italy during that same period. This sort of feudalism of William to England which is
so military and highly organized in character prepared the way for the development of the
Common Law, which was explained by David that emerged against the backdrop of this highly
centralized structure of government following the Normans conquest. The creation of this
common law which is an English law truly common to the whole England was the sole work of
the royal courts of justice, commonly called as then Courts of Westminster. In this, the
administrative ability of the Norman began the process destined to lead the unified system of
law. The Royal Courts of Westminster was originally a body of noblemen advising the king.
There are two types of jurisdiction which are locally-based jurisdiction and centrallybased jurisdiction. The locally-based jurisdiction which is rich in variety and that practically all
law in England was applied in the years immediately following the Norman invasion. This was a
system that viewed from the perspective of hindsight was destined to crumble eventually as the
powers of the king grew, the jurisdiction of the royal courts tended to grow. There had also been
a writ system which is a method by which a balance was struck between enlarging the
jurisdiction of the loyal courts at Westminster and retaining jurisdiction at the local level in the
various forms of local courts.
The common law was developing when dramatic legislative reforms were undertaken and
the principal focus of English lawyers and jurists are on the procedure not on the substance or
principle. They focused on the operation of the writ system to determine how particular legal
disputes might be framed. English law developed differently unlike that of the European civil
law. All law was public law because it emerged from the judgments of courts that technically had
jurisdiction only ve those matters that were of interest to the public at large and the kingdom as a
whole.
The third phase or period was that of the 1400s to 1800s where the growth and
stabilization of equity has transpired. This period was when the combination of factors led to the
creation of rival system of courts that over the centuries vied with the royal courts for jurisdiction
and power. The system threw up many obstacles to the administration of justice within the royal
courts at Westminster. These legal developments were taking place against the backdrop of other
major political developments.
Then the fourth period was the Modern period which was on the 1800s to the present. In
these times, these can be regarded as well as the period of rationalization of English Law. The
name of Lord Mansfield, the law merchant had been known in his contribution to the absorption
of commercial law into English common law. His primary contribution was in the refinement
and definition of terms and the rights of the parties. Some names such as Bracton and Littleton

whom are considered as great masters of legal scholarship. As the 19th Century reforms were
discussed, the name of Rene David is known on the summary he has given on the reforms of
English law. In his summary he emphasized on the contribution made by Jeremy Betham, the
procedural rationalization of the court systems in the 1830s and the 1870s and the substantive
reorganization of English law.
Indeed the influence of the common law throughout the world results from the campaign
of colonization and conquest that England engaged in beginning in the 6th century. The first and
most striking feature of the common law is that it puts justice before truth. The rules is actually
to ensure the fair play even at the expense of the truth and also the issue in a criminal
prosecution is not, basically guilty or not guilty but can the prosecution prove its case according
to the rules. Second, the common law in this period developed in a country where the Rule of
Law which is craving for justice. Third and last is that common law has always relied largely on
the ordinary citizen.
There were distinctive part of the common law, first is the jury system under which no
man can be convicted of felony unless he has been found guilty by a jury of twelve ordinary
citizens. Second essential and distinctive feature of the common law is found in the writ of
habeas corpus. Third principle of the common law is found in the independence of the judiciary,
the judges are not the servants of the government but are servant of justice and its function is to
see that justice is done not only between individuals but also between the individual and the
State. The fourth principle is that under the common law no one, however great the position he
may hold, may open my door unless he does so under the specific authority of the law. This is
considered is the hallmark of government under the law.