While common law was prevalent in England at this time, there was also a particular legal philosophy that was very popular during the Renaissance. Called natural law, it believed that the laws were derived from nature and therefore universal. While it influenced common law, it did not think that law came from a bunch of judges. Instead, it believed that there were certain rights and values that were recognized through our human reason and very nature.
Natural law is no longer common but different treatment for the rich and the poor is still a problem in our legal system. In England during the Renaissance, recognizing that some people may be too powerful for the legal system, they created the Star Chamber. Based at Westminster, its proceedings were held in secret with little of the legal rights or procedures we would be familiar with. Over time, unfortunately, it turned into a political weapon that was used against political foes.
- The first thing we do, let’s kill all the lawyers. (2 Henry VI, 4.2.59, Dick the Butcher to Jack Cade)
- Help, master, help! here’s a fish hangs in the net, like a poor man’s right in the law. (Pericles, 2.1.153, Fisherman)
- The law hath not been dead, though it hath slept. (Measure for Measure, 2.2.112, Angelo to Isabella)
- All scholars, lawyers, courtiers, gentlemen, They call false caterpillars, and intend their death. (2 Henry VI, 4.4.36, Messenger to Henry VI)
UPDATE: My brilliant brother has pointed out that Shakespeare’s line regarding killing the lawyers, which is often used by those who would criticize us, was actually a point regarding the importance of lawyers and their role in protecting democracy and individual rights. Thanks Wyatt!