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The Englishry of English law in the age of trumpism
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< | -- By MalcolmEvans - 28 Nov 2017 |
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> | -- By MalcolmEvans - 03 May 2024 |
| | Introduction
"The Englishry of English law" lies precisely in its diversity of origin. While Maitland’s phrase highlights the fact Englishmen came to “recognize [their law] as distinctively English,” this notion belies the reality that English law is highly influenced by diverse, non-English, traditions and customs.
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< | This paper has two purposes. First, it discusses the diverse origins of English law. Second, it explores whether by analyzing the origins of English law, can we better understand the trump administration’s legal tactics and develop strategies to combat their actions?
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> | This paper has three purposes. First, it discusses the diverse origins of English law. Second, it examines how these origins were harmonized to create local, yet central political arrangements. Lastly, it explores how such arrangements have strained US common law and why as such we should be wary of the trump administration's increasing insistence of defining situations as “local matter(s).” |
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The Englishry of English law |
| | In addition to the proceedings happening at the hundred level, lords of the counties could compel the lords of the hundreds to come to their courts for proceedings. While this dual-level system helped bring some sense of uniformity to the hundreds within a particular county, understandably customs between hundreds and counties varied widely. |
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< | Lords were free to apply their own “law,” to settle disputes, however they were influenced by custom, which, in turn, was influenced by several non-English regions. Anglo-saxon legal customs originated from ancient Germanic customs and legal principles; Roman influence was seen through the church; and Scandanavian influence was seen due to the Viking invasions. These various influences – and the different weights assigned to them by lords - lead to different bodies of law, which exhibited “Englishry” to varying degrees. |
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> | While lords were free to apply their own “law,” to settle disputes, they were influenced by custom, which, in turn, was influenced by several non-English regions. Anglo-saxon legal customs originated from ancient Germanic customs and legal principles; Roman influence was seen through the church; and Scandanavian influence was seen due to the Viking invasions. These various influences – and the different weights assigned to them by lords - lead to different bodies of law, which exhibited “Englishry” to varying degrees. |
| | Centralization |
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< | After the Norman conquest, the King - William the First – wanted to centralize England. Unsurprisingly, he proclaimed that all land-based rights were vested in the King. This included the right of holding court, which ensured the profits previously flowing to the feudal lords, would flow to the King.
The Justices in Eyre (Eyre) created a pipeline between the hundreds and the king to ensure the proper flow of profits. The Eyre consisted of judges who traveled to different “circuits” to make sure the custom of the king’s court were applied consistently throughout England.
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> | After the Norman conquest, the King - William the First – wanted to centralize England. Unsurprisingly, he proclaimed that all land-based rights were vested in the King. This included the right of holding court, which ensured the profits previously flowing to the feudal lords, flowed to the King. The Justices in Eyre (Eyre) were responsible for creating the necessary pipeline(s) between the hundreds and the King to ensure the proper flow of profits.
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| | As part of this process, the Eyre recorded the decisions of the cases adjudicated in the courts, though they did not record the accompanying reasoning. The entire process of settling disputes, and recording decisions, created uniformity and precedent within the realm – precedent which became the basis of “common law.” |