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Articles Against Gaveston (1308)
“Homage and the oath of allegiance are more in respect of the crown than
in respect of the king’s person and are more closely related to the crown than
to the king’s person; and this is evident because, before the right to the
crown has descended to the person, no allegiance is due to him. And, therefore, if it should befall that
the king is not guided by reason, then, in order that the dignity of the
crown may be preserved the lieges are bound by the oath made to the crown
to reinstate the king in the dignity of the crown or else they would not
have kept their oath. The next
question is how the king should be reinstated, whether by an action at law
or by constraint. It is not,
however, possible by recourse to the law to obtain redress, because there
would be no other judge than the royal judge, in which case, if the king’s
will was not accordant with right reason, the only result would be that
error would be maintained and concerned.
Hence, in order that the oath may be saved, when the king will not
right a wrong and remove that which is hurtful to the people at large and
prejudicial to the crown, and is so adjudged by the people, it behoves that
the evil must be removed by constraint, for the king is bound by his oath
to govern his people, and his lieges are bound to govern with him and in
support of him.”
Statute of York (1322)
“[§1] Whereas our lord King Edward, son of King Edward, on March 16, in
the third year of his reign, granted to the prelates, earls, and barons of
his realm did grant unto the prelates, earls, and barons of his realm that
they might choose certain persons of the prelates, earls, and barons and of
other lawful men whom they should be deemed sufficient to be called unto
them, for the ordaining and establishing the estate of the household (estat
del hostel) of our said lord the king, and of his kingdom, according to
right and reason, and in such manner that their ordinances should be made
to the honour of God, and to the honour and profit of Holy Church, and to
the honour of the said king, and to his proWt and the profit of his people,
according to right and reason, and to the oath which our lord the king made
at his coronation; and whereas the archbishop of Canterbury, primate of all
England, and the bishops, earls, and barons chosen for the purpose, drew up
certain ordinances ... , which ordinances our said lord the king caused to
be rehearsed and examined in his parliament at York three weeks after
Easter in the fifteenth year of his reign ... ; [§2] and whereas, through
that examination in the said parliament, it was found that by the
ordinances thus decreed the royal power of our said lord the king was
wrongfully limited in many respects, to the injury of his royal lordship (le
poair royal) and contrary to the estate of the crown (lestat de la
coronne), and whereas, furthermore, through such ordinances and
provisions made by subjects in times past against the royal authority of
our lord the king’s ancestors, the kingdom has incurred troubles and wars,
whereby the land has been imperilled: [therefore] it is agreed and
established at the said parliament by our lord the king, by the said
prelates, earls, and barons, and by the whole community of the realm
assembled in this parliament, [§3] that everything ordained by the said
Ordainers and contained in the said ordinances shall henceforth and forever
cease [to be valid], losing for the future all title, force, virtue, and
effect; and that the statutes and establishments duly made by our lord the
king and his ancestors prior to the said ordinances shall remain in
force. And [it is decreed] [§4] that
henceforth and forever at all times every kind of ordinance or provision
made under any authority or commission whatsoever by subjects of our lord
the king or of his heirs concerning the royal power (poair roial) of
our lord the king or of his heirs, or against the estate of our said lord
the king (lesat nostre dit seigneur le roi) or of his heirs, or
against the estate of the crown (lestat de la coronne), shall be
null and shall have no validity or force whatever; but [§5] that matters
which are to be determined with regard to the estate of our lord the king (lesat
nostre seigneur le roi) and of his heirs, or with regard to the estate
of the kingdom and of the people (lesat du roialme et du poeple),
shall be considered, granted, and established in parliament by our lord the
king and with the consent of the prelates, earls, and barons, and of the
community of the kingdom, as has been accustomed in times past.”
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