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English Legal History
3/4/2009
Outline
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Edward
I—1272–1307
Edward
II—1307–1327
Edward
III—1327–1377
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1.
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Various definitions of “parliament”
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2.
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When did the word acquire a precise meaning for contemporaries, however far
this meaning may be from our own?—in the last decades of the reign of Henry
III. “The king”, Fleta (c. 1300)
says, “has his court in his council in his parliaments, when prelates,
earls, barons, magnates and others learned in the law are present. And doubts
are determined there regarding judgments, new remedies are devised for
wrongs newly brought to light and there also justice is dispensed to
everyone according to his deserts.”
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3.
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Who was normally at these gatherings? (taking the 50 parliaments of
Edward I)
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a.
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The king—only very occasionally by representative
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b.
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The aristocratic element, earls barons, abps., bps., abbots—no
hereditary right (probably Edward II)
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c.
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Ministers— “do not gloss the statute; for we made it.” C.J. Hengham in
1305.
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d.
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Shire knights in 14, burgesses in 11, lower clergy in about the same
number—the idea of representation, Mats.,
p. V–34 to V–36:
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Edward, etc., to the venerable father in Christ, R[obert], by the same
grace archbishop of Canterbury and primate
of all England,
greeting. Whereas, with regard to certain arduous affairs touching us and
our kingdom, as well as you and the other prelates of the same kingdom,
which we are unwilling to settle without your presence and theirs, we wish
to hold our parliament and to have a conference and discussion with you
concerning these matters, we command and firmly enjoin you, in the fealty
and love by which you are bound to us, to come to us at Westminster on the
first day of the month of August next, or in any case within the third day
following at the latest, in order with us to consider the said affairs and
to give us your counsel. And by no means fail to do this. By my own witness
at Whitchurch, June 24. By writ of the privy seal.
The king to the venerable father in Christ, R[obert], by the same grace
archbishop of Canly invaded our kingdom and the inhabitants of our kingdom,
proposing-if he has the power to correspond to the detestable proposal of
the iniquity he has conceieved-to wipe out-which God forbid!-the English
language from the face of the earth. Wherefore, since darts cause less
injury when they are foreseen, and since your fortunes, like those of the
other citizens of the same kingdom, are greatly concerned in this affair,
we command and firmly enjoin you, in the fealty and love by which you are
bound to us, that on Sunday next after the feast of St. Martin in the
coming winter you personally be present at Westminster; first summoning (premunientes) the prior and chapter
of your church and the archdeacons and all the clergy of your diocese, the
said prior and archdeacons to be present along with you in person, the said
chapter [to be represented] by one fit proctor, and the said clergy by
two-which proctors are to have full and sufficient authority (plenam et sufficientem potestatem)
from the said chapter and clergy to concern themselves, together with us,
with the rest of the prelates and magnates, and with other inhabitants of
our kingdom in considering, ordaining, and deciding how such dangers and
premeditated evils are to be obviated. By witness of the king, at Wingham,
September 30 [the second parliament of the year].
The king to the sheriff of Northampton,
greeting. Whereas we wish to have a conference and discussion with the
earls, barons, and other nobles of our realm concerning the provision of
remedies for the dangers that in these days threaten the same kingdom-on
which account we have ordered them to come to us at Westminster on the
Sunday next after the feast of St. Martin in the coming winter, there to
consider, ordain, and do whatever the avoidance of such dangers may
demand-we command and firmly enjoin you that without delay you cause two
knights, of the more discreet and more capable of labour, to be elected
from the aforesaid county, and two citizens from each city of the aforesaid
county, and two burgesses from each borough, and that you have them come to
us on the day and at the place aforesaid; so that the said knights shall
then and there have full and sufficient authority (plenam et sufficientem potestatem) on behalf of themselves and
the community of the county aforesaid, and the said citizens and burgesses
on behalf of themselves and the respective communities of the cities and
boroughs aforesaid, to do whatever in the aforesaid matters may be ordained
by common counsel; and so that, through default of such authority the
aforesaid business shall by no means remain unfinished. And you are there
to have the names of the knights, citizens, and burgesses, together with
this writ. By witness of the king, at Canterbury,
October 3.
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4.
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Who must be at these gatherings?
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a.
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the king must be there
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b.
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some barons must be there
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c.
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ministers will be there
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d.
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others may be there.
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5.
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What was normally treated at these gatherings? What must be treated at these gatherings?
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a.
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Petitions, Mats., p. V–39 to V–40
To our lord the king Adam Kereseye and Joan, his wife, show that when they
impleaded Sir John de Ferrers and Avis, his wife, of the manor of Alnescote
before Sir Ralph de Hengham [CJCB, 1301–9) and his companions of which
Henry de La Mare, cousin of the said Joan whose heir she is, died seised in
his demesne as of fee, and the said John and Avis pleading said that our
lord the King, who now is, gave the manor aforesaid to Sir Robert Muscegros
and his heirs and that they are seised [of it] as of right and heritage
[of] the said Avis, daughter and heir of the said Robert, and they showed a
charter of our lord the King about it and said that they could not reply
without him, for which the parties went quit without day. Wherefore they
pray the lord our King, if it pleases him, that the justices proceed in the
plea according to the law and usage of the realm notwithstanding the
aforesaid charter such that their right not be further delayed nor the said Joan disinherited. [Dorse, in Latin:] If the
charter contains a warranty let them supersede, if not, let them proceed
and thus let it be commanded to the justices by a writ from the Chancery.
// Copied. // Caen
[the receiver] // Enrolled.
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b.
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Statutes
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c.
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Taxation
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6.
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What is the underlying theory, express or implied, of the nature of this
body?
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a.
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Certainly the notion of consultation with the tenants in chief lies at
the root.
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b.
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Roman and canon law ideas, quod
omnes tangit, universitas, plena potestas.
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c.
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status—state (government,
health), community of the realm, estates
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