"The king hath superiors--viz., God and the law by which he is made
king; also his court--viz., his earls and barons. Earls are the king's
associates, and he that hath an associate hath a master; and therefore,
if the king be unbridled, or (which is all one) without law, they ought
to bridle him, unless they will be unbridled as the king, and then the
commons may cry, Lord Jesus, pity us," etc.
An eminent lawyer, time of Edward I., writes:
"Although the king ought to have no equal in the land, yet because the
king and his commissioners can be both judge and party, the king ought
by right to have companions, to hear and determine in Parliament all
writs and plaints of wrongs done by the king, the queen, or their
children."
These views found expression in the coronation oath. Edward II. was
forced to swear:
"Will you grant and keep, and by your oath confirm to the people of
England the laws and customs to them, granted by the ancient kings of
England, your righteous and godly predecessors; and especially to the
clergy and people, by the glorious King St. Edward, your predecessor?"
The king's answer--"I do them grant and promise."
"Do you grant to hold and keep the laws and rightful customs which the
commonalty of your realm shall have chosen, and to maintain and enforce
them to the honor of God after your power?"
The king's answer--"I this do grant and promise."
I shall not dwell upon the event most frequently quoted with reference
to the era of the Plantagenets--I mean King John's "Magna Charta." It
was more social than territorial, and tended to limit the power of the
Crown, and to increase that of the barons. The Plantagenets had not
begun to call Commons to the House of Lords. The issue of writs was
confined to those who were barons-by-tenure, the PATRICIANS of the
Norman period. The creation of NOBLES was the invention of a later age.
The baron feasted in his hall, while the slave grovelled in his cabin.
Bracton, the famous lawyer of the time of Henry III., says: "All the
goods a slave acquired belonged to his master, who could take them from
him whenever he pleased," therefore a man could not purchase his own
freedom. "In the same year, 1283," says the Annals of Dunstable, "we
sold our slave by birth, William Fyke, and all his family, and received
one mark from the buyer." The only hope for the slave was, to try and
get into one of the walled towns, when he became free. Until the Wars of
the Roses, these serfs were greatly harassed by their owners.
In the reign of Edward I., efforts were made to prevent the alienation
of land by those who received it from the Norman sovereigns. The statute
of mortmain was passed to restrain the giving of lands to the Church,
the statute DE DONIS to prevent alienation to laymen. The former
declares:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account