OCR Specification focus:
‘the development of Common Law, including the contributions of Anglo-Saxon customary law, feudal law and those of Anglo-Norman and Angevin kings.’
The development of local government and law in England from 1066 to 1216 provides crucial insights into the transition from customary traditions to a centralised Common Law system.
Anglo-Saxon Foundations of Local Government
Before 1066, Anglo-Saxon customary law underpinned local governance. Justice was largely communal and based on unwritten traditions.
Customary Law: Traditional legal practices, rooted in long-standing custom, passed down orally and enforced through local community structures.
Key features included:
Tithings and Hundreds: Small community units responsible for mutual accountability, particularly for law enforcement.
Shire courts: Administered justice at a regional level, presided over by the ealdorman or sheriff.
Wergild system: Compensation payments for wrongdoing, avoiding cycles of blood feud.
These institutions created an enduring legal culture that continued to influence later developments.
Anglo-Saxon freemen gathered at a shire-moot to settle disputes, levy obligations, and uphold order under a reeve. This shows the communal basis of customary law and shire justice that influenced later Common Law. Source
The Norman Conquest and Feudal Influence
The arrival of the Normans in 1066 introduced feudal law, reshaping local government. Authority shifted from communal assemblies to lordship-based justice.
Key developments included:
Baronial courts: Lords exercised jurisdiction over tenants, reinforcing feudal hierarchy.
Sheriffs (shire-reeves): Crown-appointed officials strengthened royal control in localities, overseeing courts and finances.
Feudal obligations: Military and financial duties linked directly to landholding, creating a structured system of governance.
While feudal justice coexisted with Anglo-Saxon customs, the monarchy increasingly sought to assert supremacy.
Angevin Kings and the Emergence of Common Law
The reigns of Henry II and his successors marked the decisive transition toward a system later known as Common Law.
Diagram of the principal common-law courts before the Judicature Acts, including King’s Bench, Common Pleas, and the Exchequer. This illustrates the central framework of royal courts that Angevin rulers established to standardise local justice. Source
Common Law: A unified body of legal principles and practices developed under royal authority, applied consistently across the realm through precedent and central oversight.
Innovations under Henry II
Henry II (1154–1189) made enduring contributions to the organisation and administration of local government:
Royal justices in eyre: Travelling judges who enforced law consistently, reducing local variation.
Assizes: Royal decrees establishing procedures for land disputes and criminal justice, such as the Assize of Clarendon (1166).
Jury system: The introduction of recognitors (later juries) to provide sworn testimony in disputes.
Central oversight: The royal courts became increasingly authoritative, binding local decisions to national precedent.
Angevin Centralisation
Successive Angevin rulers built upon Henry II’s reforms, consolidating a legal culture in which:
Royal writs standardised local justice.
Administrative officials ensured continuity of governance even during royal absences.
Common Law precedent reduced reliance on feudal or customary rulings.
Key Figures in Local Governance
Several figures shaped the administration of justice and local governance during this period:
Sheriffs: Acted as the Crown’s principal local agents, collecting revenues and summoning juries.
A folio from the 1194 Pipe Roll, the Exchequer’s annual audit of sheriffs’ revenues. This shows how financial record-keeping tied local officials directly to central government in Angevin England. Source
Justices: Royally appointed officials who travelled to enforce law uniformly.
Barons and nobles: Maintained jurisdiction in their lands but increasingly subordinated to royal courts.
The king: The ultimate source of justice, with Angevin monarchs particularly active in expanding royal legal authority.
The Balance Between Central and Local Government
Although royal authority grew, local structures remained vital:
Local courts still managed minor disputes, keeping governance accessible.
Crown intervention was most visible in serious or land-related cases, establishing the idea that the king’s peace extended across the realm.
Church courts occasionally competed with secular courts, but Angevin rulers worked to limit ecclesiastical independence, especially in cases of clerical crime.
This balance ensured that while Common Law became dominant, local practices continued to provide a foundation.
Long-Term Significance of the Development of Common Law
The emergence of Common Law during this period laid the groundwork for English legal tradition:
Uniformity: Ensured equal application of law throughout the kingdom.
Royal authority: Strengthened the power of the monarchy in both justice and administration.
Precedent-based system: Created enduring legal consistency, influencing not only medieval England but later common law systems worldwide.
Continuity and adaptation: Anglo-Saxon customs, feudal practices, and Angevin innovations blended into a cohesive legal framework.
Through the combined influence of Anglo-Saxon traditions, Norman feudalism, and Angevin centralisation, the organisation and administration of local government evolved into a system recognisable as Common Law, a defining feature of English governance.
FAQ
Sheriffs acted as the king’s chief representatives in the counties, responsible for collecting revenues, enforcing writs, and presiding over shire courts.
Balancing loyalty meant:
Upholding royal demands for taxation and justice.
Maintaining cooperation with local elites to ensure stability.
Acting as a bridge between central government and communities, ensuring royal policies were enforceable on the ground.
Itinerant justices travelled the kingdom on royal commissions, hearing cases and ensuring consistent application of royal law.
Their presence:
Reduced local variations in justice by applying the king’s law directly.
Checked the power of sheriffs and local barons.
Reinforced the idea of a “king’s peace” that extended into all localities.
The Assize of Clarendon (1166) established new procedures for criminal justice.
Key impacts included:
Local juries of presentment were required to report suspected criminals.
Sheriffs and justices could act on this information, enhancing royal authority.
It shifted criminal justice from community control toward a system led by Crown officials.
Feudal lords exercised jurisdiction over their tenants through manorial or baronial courts.
Effects on local governance:
Strengthened the hierarchy of lordship, as justice became a feudal duty.
Created tension between baronial courts and royal courts, with overlapping claims to authority.
Provided a framework that Angevin monarchs later sought to bring under central oversight.
While ordeals were still used in the 12th century, Angevin reforms gradually sidelined them.
The increased use of juries provided an alternative to ordeal.
The Lateran Council of 1215 banned clerical involvement in ordeals, undermining their legitimacy.
Angevin emphasis on written writs and legal procedure encouraged more rational, evidence-based justice.
This marked a turning point in moving English justice away from supernatural methods toward structured legal systems.
Practice Questions
Question 1 (2 marks):
Identify two ways in which Anglo-Saxon customary law influenced the later development of Common Law.
Mark scheme:
1 mark for each correct identification.
Acceptable answers include:
The use of local courts (shire or hundred courts) as a basis for later legal structures.
The principle of compensation (wergild) influencing ideas of restitution.
The role of community responsibility through tithings, which developed into the jury system.
Oral traditions of precedent contributing to later codified Common Law practices.
(Maximum 2 marks.)
Question 2 (6 marks):
Explain how the Angevin kings contributed to the development of Common Law between 1154 and 1216.
Mark scheme:
Level 1 (1–2 marks): Basic answers with limited detail, e.g. “They created new laws” or “They used royal courts.” Minimal reference to Angevin rulers.
Level 2 (3–4 marks): More developed explanation, showing some knowledge of Angevin reforms. May mention Henry II’s assizes, travelling justices, or use of juries. Some understanding of how these shaped Common Law, but lacking range or depth.
Level 3 (5–6 marks): Clear, well-developed explanation with accurate and specific detail. Points may include:
Henry II’s introduction of assizes (e.g. Clarendon 1166) that standardised legal procedure.
Creation of travelling royal justices, ensuring consistency across the realm.
Development of the jury system (recognitors) in land disputes.
Growth of royal writs and precedent, binding local courts to central authority.
Answers at this level show secure understanding of Angevin contribution to the emergence of a consistent Common Law system.
(Maximum 6 marks.)
