English Law and New Business
William the Conqueror
William I (1028 – 9 September 1087), usually known
as William the Conqueror was the first Norman King
of England, reigning from 1066 until his death in 1087.
The descendant of Viking raiders, he had a long
struggle to establish his power. By 1060 his hold on
Normandy was secure, and he launched the Norman
conquest of England in 1066.
William built a large fleet and invaded England in September 1066, decisively defeating and killing Harold at
the Battle of Hastings on 14 October 1066. After further military efforts William was crowned king on
Christmas Day 1066, in London. His reign in England was marked by the construction of castles, the settling
of a new Norman nobility on the land, and change in the composition of the English clergy.
The impact on England of William's conquest was profound;
changes in the Church, aristocracy, culture, and language of the
country have persisted into modern times. The Conquest
brought the kingdom into closer contact with France and forged
ties between France and England that lasted throughout the
Middle Ages. William's government blended elements of the
English and Norman systems into a new one that laid the
foundations of the later medieval English Feudal kingdom. Some
historians claim William’s conquest of England was the single
most radical change in European history between the Fall of
Rome and the 20th century.
King Henry II
In 1154 Henry II 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 yells, “who will rid me of this meddlesome priest?” Four young knights
took him up on his word and assassinated Thomas Beckett. Though denying responsibility for the
murder, 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.
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. John’s 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.
The Barons rebelled against John. 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. It
was signed between the feudal barons and King John 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 – from abusing his power on the people of England.
John also angered the Roman Catholic Church. The pope banned all church services in England in 1207,
essentially, denying the people the opportunity to please God. Christianity, and the fear of Hell, was 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.
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.




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 later 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
Book:
Trade fairs
Grew up near castles
Large towns began to develop
Charters
Granted by the King
Written documents spelled out rules of town
Peasants took their share and sold to towns people
Merchants Developed a Middle class.
Businesses need loans
Church forbade loaning of money with interest to other Christians…
Jews became the Bankers…
Further developed Anti-Semitic attitudes
Guilds
Represented workers of one occupation
Only members could work
Secrets passed on only to members
Positives
Protected quality of work
Provided social services
Apprentice
at age 7 became a trainee to guild master
Journeyman
Salaried workers paid little to prevent competition