English Law and New Business
King Henry II
In 1154 Henry II inherited the throne. He broadened the system of royal justice by expanding
accepted customs into Law. He then sent out traveling justices to enforce these royal laws. The
decisions of the royal courts became the foundation of English Common Law. Unlike local feudal
laws, common law applied to all of England. Henry developed an early jury system that
determined which cases would be brought to trial – this was the ancestors of today’s grand jury.
Henry claimed the right to try the Clergy (members of the church) in royal courts. Thomas Beckett,
a member of the clergy and an old friend of Henry, fiercely opposed the king on this issue. Henry
in a moment of passion hells, “who will rid me of this meddlesome priest?” Four young knights
took him up on his word and assassinated Thomas Beckett. To make peace with the church, Henry
eased regulation on the Church, helping set the foundation of separation of church and state.
King John and the Magna Carta
Magna Carta, or “Great Charter”, signed in June 1215 between the barons of Medieval England and King
John was one of the most important documents of Medieval England.
It was signed between the feudal barons and King John at Runnymede near Windsor Castle. The document
was a series of written promises between the king and his subjects that he, the king, would govern England
and deal with its people according to the customs of feudal law. Magna Carta was an attempt by the barons
to stop a king - in this case John - abusing his power with the people of England suffering.
Traditionally, the king had always consulted the barons before raising taxes (as they had to collect it) and
demanding more men for military service (as they had to provide the men). This was all part of the Feudal
System. So long as English kings were militarily successful abroad, relations with the barons were good. But
John was not very successful in his military campaigns. His constant demands for more money and men
angered the barons. By 1204, John had lost his land in northern France. In response to this, John introduced
high taxes without asking the barons. This was against feudal law and accepted custom.
John made mistakes in other areas as well. He angered the Roman Catholic Church. The pope, angered by
John's behavior, banned all church services in England in 1207, essentially, denying the people the
opportunity to please God. Christianity, and the fear of Hell, were very important to the people including
the barons. The pope excommunicated john in 1209. This meant that John could never get to Heaven until
the pope withdrew the excommunication. Faced with this, John climbed down and accepted the power of
the Catholic Church, giving them many privileges in 1214.
The Barons rebelled against John’s power. The barons captured London. However, they did not defeat John
entirely and by the Spring of 1215, both sides were willing to discuss matters. The result was the Magna
Carta.
What did the Magna Carta ensure?
The first clauses concern the position of the Catholic Church in England.
Many of the clauses concerned England's legal system and treatment of freemen, the nobles.
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Monarch must obey the law
limited the power of the Monarch and created a Parliamentary procedure
No taxation without Noble’s approval ( basis for later “no taxation without representation”)
everyone shall have access to courts and that costs and money should not be an issue
The Magna Carta is often seen as legal basis for Habeas Corpus, no freeman (noble or knight) can be held in
jail without being charged with a crime
King Edward II
As the Magna Carta’s “Great Counsel” evolves, it becomes a Parliament, which latert became England’s
legislature. This legislature helped unify England.
King Edward summoned Parliament to approve money for his wars in France. He had representatives of the
“common people” join with the lords and and clergy. The “commons” included two knights from each
county and representatives of the towns. In time, Parliament developed into a two-house body: the House
of the Lords (nobles and high clergy) and the House of Commons (knights and middle class citizens).
New Forms of Business