The Rise of Common Law in England

Paper Summary:

This paper discusses the role of the sheriff in England and how that role changed with the development of common law. The paper first discusses the impact of the Writ of Right on Henry II's power and on the role of the sheriff. Next, the paper discusses the history behind the changes to common law in the time of Henry II and focuses on how the sheriffs were integral to the development of the common law at that time.

From the Paper:

"Henry eventually rehired only seven of the fired sheriffs. Henry did not look to the traditional wealthy landowner who would normally inherit the office to replace these sheriffs. Overturning tradition, he instead hired professional administrators who had been trained in the Exchequer. These new sheriffs were professionals, loyal to Henry, who were without a political power base and therefore politically unimportant. These new sheriffs exemplified the transformation of the common law during the reign of Henry II. Loyal to a centralized power and personally unimportant, they were agents of the royal justice, which could now legitimately be referred to as the common law. These sheriffs were integral to the development of the common law under Henry II."

Sample of Sources Used:

• "Origins of the Common Law" in Readings for HIST 476 Medieval Legal History, ed. Arlene Sindelar (Vancouver: University of British Columbia, 2008), 153.
• Irene Godwin. The Sheriff: The Man and his Office. (London: Victor Gollancz, 1974), 77-78.

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