Common Law:
Common law was a significant part of the legal system, developed through judicial decisions and precedents set by courts over time. Judges played a crucial role in interpreting and applying common law principles to resolve disputes.
Statute Law:
Parliament enacted statute laws when passed by the House of Commons, the House of Lords, and received the royal assent. Statute laws introduced new rules and clarified or amended existing laws. Important statutes during Shakespeare's time included the Treason Act of 1351, which defined treasonous offenses, and the Vagrancy Act of 1597, which addressed issues related to begging and homelessness.
Royal Prerogative:
The monarch held significant powers known as the royal prerogative. These powers included the ability to make treaties, declare war or peace, administer justice, grant pardons, and collect taxes without seeking parliament's approval. However, limitations on the royal prerogative began to emerge during Shakespeare's time, especially through parliamentary challenges to the absolute authority of the crown.
Criminal Law:
Crimes were largely classified as either felonies or misdemeanors. Felonies were severe offenses, often punishable by death, and included actions such as murder, treason, robbery, and arson. Misdemeanors were lesser offenses and carried lower punishments like fines or imprisonment.
Property Law:
Land ownership and inheritance played a significant role in society. Land laws were complex and determined how property was owned, transferred, and inherited. Property disputes were also commonly addressed in courts.
Debt and Insolvency:
Laws governed debt collection and insolvency. Debtors who failed to repay their debts could face imprisonment or have their assets seized. Debtors' prisons were used to hold people who could not repay their debts.
Religious Laws:
Religion was strictly regulated, and England embraced Protestant Christianity during Shakespeare's time. Acts such as the Act of Supremacy of 1534 affirmed the monarch's authority over ecclesiastical matters. Religious conformity was enforced, and Catholics and other religious minorities faced persecution and legal restrictions.
Trial Procedures:
Criminal trials typically used a jury system, and trial by combat was still practiced in certain circumstances. Legal representation was allowed, but often limited, and there were disparities in access to justice based on social status.
Courts:
Various courts with differing jurisdictions handled legal matters. These included local courts such as the justices of the peace (JPs) courts, regional courts like the Assize courts, and higher courts like the Court of King's Bench, Court of Common Pleas, and Court of Exchequer.
This brief overview provides a glimpse into the diverse and often complex laws that shaped daily life during Shakespeare's era. However, it's important to note that the legal system was continually evolving, and specific circumstances and exceptions could influence how the laws were applied in any given case.