Developed in England starting in the 12th Century, Common Law is the idea that the “law of the land” would be gradually established during the course of various court decisions that build upon previous court decisions. Over time, this resulted in a stable body of governance. Common Law in addition to judicial precedent, was derived from numerous sources including Anglo-Saxon customs, canon law, Norman law, and merchant law, drawing from all these different aspects and standardized them.
Some of the main principles of English Common Law are: jury trials, presumption of innocence, accused’s rights of access to evidence, and abolishment of torture to gain evidence. Under kings Henry I (1100-1135) and Henry II (1154-1189), English law became more and more systematic, but there was still a central problem: in many instances, the king did not have to abide by the law or pay taxes.
Under the reign of John I (1199-1216), John debased currency and unjustly taxed noblemen and vassals. John also was involved in a feud with Pope Innocent III, who excommunicated the King after he stole church property. Realizing that he had too many enemies, John was forced to consent to the Magna Carta after being confronted by English noblemen and aristocrats. Signed in 1215, the Magna Carta was a monumental document which limited the king’s power, saying: the King is under the law like everyone else, no tax shall be imposed on the people unless agreed to by a council, and no one can be imprisoned without trial.
After John I, the growth of Parliament began in England during the reigns of Henry III and Edward I (1216-1307). Convened in 1254, the “Great Council” of two barons from each county, churchmen, and representatives of towns met to discuss and monitor what the king was doing. In 1295, the first complete Parliament was established and prolaimed “what touches all, should be approved by all,” meaning everyone has a say in the taxes being imposed.
Philip IV “The Fair” (1285-1314) of France was similar to John I of England in that he had an elevated view of the powers of monarchs and his issues with the Church and the Pope. Inspired by Roman Law, he believed that the monarch was meant to be as powerful as possible. Starting in 1302 a representative assembly like the English parliament was created in France called the “Estates General.” However, it was different from the parliament, as it was much weaker, had much less say in the matters of the king, and convened less frequently. After Philip, serfdom was in decline, industry grew in cities, and many people moved from agriculture to the cities.