Early Modern Legal History (1485-1688)

Introduction

The early modern period from the accession of the Tudor dynasty in 1485 to the Glorious Revolution of 1688 was a period of profound transformation in English law. The period saw the development of equity as a distinct system, the conflict between the common law courts and the Crown, and the constitutional settlement that established parliamentary sovereignty.

The Star Chamber

The Court of Star Chamber developed from the King’s Council and became a powerful instrument of royal justice in the Tudor period. Abolished in 1641, it left a lasting legacy of suspicion of executive justice.

The Development of Equity

Equity developed as a supplementary system to the common law, administered by the Court of Chancery. The rivalry between Sir Edward Coke (Chief Justice of the Common Pleas) and Lord Ellesmere (Lord Chancellor) was resolved in favour of equity.

The Bill of Rights 1689

The Bill of Rights 1689 was the constitutional settlement following the Glorious Revolution. It established the supremacy of Parliament, prohibited the Crown from suspending or dispensing with laws without parliamentary consent, and guaranteed certain fundamental rights.