Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
At the 1376 Parliament, ("the Good Parliament") the Commons, which
formerly had only consented to taxes, took political action by
complaining that the King's councilors had grown rich by war
profiteering at the cost of impoverishing the nation and the
people were too poor to endure any more taxation for the war and
held a hearing on financial malfeasance and dishonesty of two
ministers. The chamberlain had extorted enormous sums, had
intercepted fines meant for the king's treasury, and had sold a
castle to the enemy. The steward had bought debts of the king's.
The House of Lords, the High Court of Parliament, found the
charges proved and dismissed them permanently from office. This
established the constitutional means for impeachment and
prosecution by the Commons and removal by the House of Lords of
ministers. By this process, there could be no royal intimidation,
as there could be in the ordinary courts. The Commons demanded
that its members be elected by county citizens rather than
appointed by the sheriff.
The roles of Parliament and the King's council are starting to
differentiate into legislative and executive, respectively. The
legislative function is law-making and the executive is
regulation-making that refines and effectuates the laws of
Parliament. But the legislative, executive, and judicial
authorities have not as yet become so completely separated that
they cannot on occasion work together.
Sheriffs dealt directly with the king instead of through an earl.
From 1150 to 1400, resistance was an ordinary remedy for political
disagreements. If a popular leader raised his standard in a
popular cause, an irregular army could be assembled in a day.
(There was no regular army, since England was protected by the sea
from invasion.) So misgovernment by a king would be quickly
restrained. Society recovered quickly from conflict and civil war
because the national wealth consisted chiefly in flocks and herds
and in the simple buildings inhabited by the people. In a week
after armed resistance, the agricultural worker was driving his
team. There was little furniture, stock of shops, manufactured
goods, or machinery that could be destroyed.
Public-domain text, read in full here on John Shaqi.
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