HI 324 Common Law and Constitution Final Exam

NCSU

Common Law Courts

Primary royal courts, many operated out of Westminster

Court of King’s Bench

Handled criminal matters and cases involving the monarch (Common Law)

Court of Common Pleas

Focused on civil litigations, particularly regarding property (Common Law)

Court of Exchequer

Initially a system of financial administration, it grew into a court focused on the royal treasury and revenues (Common Law)

Assize Courts and General Eyre

Itinerant royal courts where judges traveled on six English circuits to bring royal justice to the locals (Common Law)

Ecclesiastical Courts

Operated under Canon law and had a transnational hierarchy ranging from Archdeacon and consistory courts to the Court of Arches

Status and Moral Conduct (Ecclesiastical)

Cases involving marriage, divorce, adultery, fornication, bigamy, and “scolding”

Religious Offenses (Ecclesiastical)

Blasphemy, heresy, and witchcraft

Civil Matters (Ecclesaistical)

Inheritance, succession, and collection of tithes

Conciliar and Equity Courts

Developed to address the limitations of common law

Court of Chancery

Operated based on equity and “bills of complaint” to provide remedies where common law was too rigid (Conciliar and Equity)

Prerogative/Conciliar Courts

Included the Star Chamber, Court of Requests, Court of Admiralty, and regional councils like the Council of the North (Conciliar and Equity)

Local and Administrative Courts

Roots of the system lay in Anglo-Saxon districts such as shires, boroughs, and hundreds. Manorial courts also operated at the local level under lords and stewards

Magna Carta 1215

Established principle that the monarch was not above the law. It emerged during the reign of King John to address grievances regarding governance and civil liberties. It is viewed as a critical step in the development of the “machinery of justice” and the growth of common law (3 Constitutional Change)

Trial and Execution of Charles I 1649

Profound “constitutional crisis” that challenged the nature of legal authority. It led to the abolition of the monarchy and the establishment of the protectorate under the Instrument of Government, which was the first written constitution in English history. This period also saw groundbreaking debates about popular sovereignty, natural rights, and equality (3 Constitutional Change)

Glorious Revolution and Bill of Rights 1689

The Glorious Revolution resulted in the Bill of Rights which established essential constitutional principles and limited royal prerogative. Also, Toleration Act of 1689 which began a shift toward religious freedom for Protestant dissenters. (3 Constitutional Change)

Transition from Ordeals to Jury Trials

Legal disputes were often settled through trial by ordeal and the methods relied on the belief in divine intervention to reveal the truth and the methods relied on the belief in divine intervention to reveal the truth. Fourth Lateran Council 1215 prohibited clergy from participating in ordeals ending their use in England. Led to the adoption of jury trials shifting judgement to evaluation of facts. (3 Legal Changes)

“Self-Informing” Juries to Adversarial Trials

The jury was expected to know the facts of the case. Juries became less knowledgeable due to socio-economic changes and regularization of assizes. The system began to rely on evidentiary practices which in turn introduced defense council, formal rules of evidence (hearsay and privilege against self-incrimination), and rise of professional lawyers. (3 Legal Changes)

Rise of Equity and “Bill of Complaint”

Common law system was rigid, relying on specific writs to initiate legal action. If there was no pre-existing writ, people often had no remedy. Court of Chancery developed alternative “bills of complaint” and use of equity for more flexible “remedies.” (3 Legal Changes)

Foundation of Royal Justices (1066-1215)

Followed Normal conquest of 1066, maintained some Anglo-Saxon structures (shires) while introducing feudal relations (fiefs and seisin) that required administrative innovation. Under Henry II “machinery of justice” expanded through creation of writs and itinerant royal justices, creating uniformity. Peak of Magna Carta and Fourth Lateran Council (ended trial by ordeal) in 1215. (Timeline)

Tudor Centralization and “Extraordinary” Power (1540-1640)

Era defined by “jurisdictional complexity” as crown utilized conciliar courts to provide swift “remedies” through equity and “bills of complaint.” Also saw regression of legal protections through judicial torture for discovery. Represents a cycle of regression where state bypassed common law protections in favor of extraordinary power to manage religious and political instability during reformation. (Timeline)

17th Century Constitutional Breaking Point (1628-1660)

Tension between royal prerogative and fundamental law reached a breaking point during the Stuart reign. Petition of Right (1628) sought to protect “rights and liberties according to law” and subsequent trial of Charles I (1649). The execution led to republican experiments and first written constitution. Period of radical constitutional debate regarding popular sovereignty and natural rights. “Reset” for legal system and abolishment of Star Chamber in 1640 to subvert “tyrannical government.” (Timeline)

Post-Glorious Revolution and Rise of Professionalism (1689-1800)

Bill of Rights and Toleration Act (1689) established limits on royal power and provided a framework for religious participation. Saw rise of adversarial trial where defense council and professional lawyers created a structured evidentiary competition. Under Chief Justice Lord Mansfield, common law adapted to modern society refining laws. Remained complicated by “imperial constitution” and ongoing legal struggle over slavery. (Timeline)

Role of Legislation

Constitutional foundations (magna carta, Bill of Rights, Toleration Act all redefined monarchy’s power and rights of subjects), social and economic regulation (legislation used to manage complex society dealing with marriage and labor), and abolition and reform (1807 end slave trade and 1833 act for slave emancipation) (Precedent)

Role of Case Law

Challenged prerogative (Prohibitions del Roy- Coke, Kings couldn’t personally judge cases, judicial power + Case of Five Knights highlight tension between emergency powers and right to habeas corpus), defined individual rights (Lord Mansfield Somerset v. Stewart), and commercial and civil adaptation (legal system adapting to modern society, complexities of coverture) (Precedent)

Precedent

Gives stability and certainty, writs allowed for precedent evolution, Lord Mansfield used judicial decisions to modernize law, and ensures “machinery of justice” remains grounded

Question on Key Themes

How did English legal system’s property rights and emphasis on “peace and certainty” change from establishing feudal relations into a framework for expansion of slavery and its eventual legal change?

Why Question is Interesting

Property relations defined by seisin and fiefs and the need for order in landholding was a driver for growth of common law and “machinery of justice.” 1215 Magna Carta established checks on royal power and established property as a cornerstone of liberties and rule of law. By 18th C, law had to adapt to modern society and Lord Mansfield sought to provide “peace and certainty” for new economy through rulings on contracts and transactions.

Why Question is Challenging

Determining if common law recognized “property in persons.” Created a profound conflict in laws and although slavery was regularly practiced, cases like Somerset v. Stewart highlighted common law may not recognize such property. Mansfield’s “narrow ruling” showed difficulty in establishing modern property rights against evolving concepts of natural rights. Demonstrates how legal tools designed to ensure stability could be used to sustain oppression and eventually dismantle it.