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English Legal History
3/7/2007
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 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 [the second parliament of the year].
The king to the venerable father in Christ, R[obert], by the same grace archbishop
of Caly
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.
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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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