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How did English settlers bring common law to the American colonies?

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King Henry II and St. Thomas Becket — Common law Henry II (left) disputing with Thomas Becket (center), miniature from a 14th-century manuscript; in the British Library (Cotton MS. Claudius D.ii).

English settlers did not bring a fully formed legal system to the American colonies; rather, they arrived with only elementary notions of law. Colonial charters granted them traditional rights, such as habeas corpus and the right to a jury trial, but the early colonies lacked the judges, lawyers, and lawbooks necessary to implement English law systematically.1

Initially, colonial governance relied on local statutes, with governors or legislative bodies serving as courts. English laws passed after settlement did not automatically apply, and English court decisions were not considered binding precedents.1

By the late 17th century, the practice of common law became more established as lawyers began using English lawbooks and following English procedures. Several colonies, such as Rhode Island and the Carolinas, formally legislated to receive English law. Over time, this tradition became fundamental to the American legal system, with the U.S. Constitution incorporating traditional English legal terminology. Even after the American Revolution, when some advocated for a new system, the common-law tradition persisted through the influence of legal commentaries and the lack of viable alternatives.1