The history of law in Britain
Roman Britain
After the invasion of Romans, the Roman law established in Britain as in any other European country, but only for citizens.
Non-citizens (Peregrini) continue to live under the laws of their ancestors
Edict of Caracalla or the Antonine Constitution (212 AD) - all free men in the Roman Empire were to be given theoretical Roman citizenship and that all free women in the Empire were to be given the same rights as Roman women.
Britain as an imperial province run by resident governors who were members of the Senate and had held the consulship
Germanic invasion on Britain
597 AD, strong Roman influence again reached the island of Britain (by now in the hands of the Anglo-Saxons) in the form of Christianity, the practitioners of which brought with them the art of letters, writing, and literacy
7th c., the first Anglo-Saxon law code appeared, issued by Æthelberht, King of Kent (shortly after St. Augustine’s arrival)
Law of Æthelberht concerned primarily with preserving social harmony, through compensation and punishment for personal injury.
Laws issued by rulers of the Heptarchy (Kent, Wessex) until 9th century, when the kingdom of England is formed, Alfred the Great being the “first” English king
886 – Danelaw established by the Treaty of Alfred and Guthrum
c. 893 AD – Code of Alfred, Doom Book (compilation of codes of Æthelberht of Kent, c. 602 AD, Ine of Wessex, c. 694 AD and Offa of Mercia, c. 786 AD) prefixed with the Ten Commandments
Until 1066, England ruled by monarchs that were elected by witan
Norman rule
1066, William invades, law changes to Norman law (after the rebellions, the law becomes very harsh)
1086, The Domesday Survey is ordered by William I to facilitate the collection of taxes
1107, Henry I accepts the Concordat of Westminster, ending the investiture* (* attempt by secular rulers to control the appointing of clergy by investing them with symbols of their authority, such as a ring)
1100, Henry I grants Charter of Liberties upon ascension to the throne. It binds the King to certain laws regarding the treatment of nobles, church officials, and individuals
Anjou-Plantagenet Period
1164, Constitutions of Clarendon represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of Papal authority in England (Henry II)
1189, beginning of the term ‘common law’ on Richard The Lionheart’s ascension to the throne
1215, the barons force John Lackland to sign Magna Carta Libertatum. Forced onto a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights. First significant document that paved the way to constitutional law
1219, the extinction of ordeal by Henry III’s letter to itinerant justices. (The regulation of ordeals)
Henry III’s rule – Barons’ Wars, Henry is forced to accept the existence of the first English Parliament and other constitutional limitation on the monarchy placed by Provisions of Oxford (1258). They were replaced by Provisions of Westminster in 1259. Henry wins the wars and forgets the Provisions, but he does summon the Parliament occasionally. Turning point in the history of English law. Provisions had a significant effect upon the development of the English Common Law system
1295, Model Parliament
1297, The Confirmation of the Charters restrict the king’s ability to impose additional taxes ( they now can only be imposed after consulting with the Parliament)
1300, The Law Courts are divided into the King’s Bench, the Court of Common Pleas and the Court of the Exchequer
Tudor period
1534, Act of Supremacy under King Henry VIII declaring that he was "the only supreme head on earth of the Church of England". Beginning of the English Reformation
1536, The Royal Injunctions, practical evidence of Henry’s role as an ecclesiastical head
1536, The Beggars Act, establishes that parishes should help the poor
1539, The Six Articles are issued to stem the growing influence of English Protestants
Acts of Dissolution of the Lesser (1535) and Greater (1539) Monasteries are passed to finance Henry’s kingdom
Edwardian Reformation (1547-1553) takes place
1553, the Parliament passes the Act of Repeal, undoing said reformation
1559, Elizabeth I passes two statutes, The Act of Supremacy and The Act of Uniformity
1581, two anti-Catholic acts are passed by the Parliament
1598, Poor Law Act is passed to deal with problems created by poverty and social distress
The Stuarts
1628, Charles I reluctantly accepts The Petition of Right (along Magna Carta and The Bill of Rights, 1689 it is the Bible of the English constitution). In short, the King should govern according to law and not according to arbitrary whims
1629, The Resolution of the Commons (Eliot’s resolutions) passes against illegal taxation and innovations in religion. Parliament is dissolved by force and Eliot dies in Tower in 1632
1641, The Grand Remonstrance is passed by the Parliament. It summarizes all of Parliament’s opposition to Charles' foreign, financial, legal and religious policies
The Commonwealth
1649, Abolition of Monarchy, passed immediately after Charles I’s execution. Another act establishes England as a Commonwealth and a Free State.