Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
Parliaments without knights and burgesses still met with the
king. But it was understood that no extraordinary tax could be levied
without the knights and burgesses present. Ordinary taxes could be
arranged with individuals, estates, or communities. The lower clergy
ceased to attend Parliament and instead considered taxes to pay to the
king during their national church convocations, which were held at the
same time as Parliament. For collection purposes, their diocesan synod
was analogous to the county court. The higher clergy remained in
Parliament because they were feudal vassals of the king.
Edward's council was the highest tribunal. It comprised the
Chancellor, Treasurer and other great officers of state, the justices
of the three courts, the master or chief clerks of the Chancery, and
certain selected prelates and barons. The council assisted the king in
considering petitions. Most petitions to the King were private
grievances of individuals, including people of no social rank, such as
prisoners. Other petitions were from communities and groups, such as
religious houses, the two universities, boroughs, and counties. These
groups sometimes formed alliances in a common cause. Women sometimes
petitioned. From 1293, the petitions were placed in four stacks for
examination by the King and council, by the Chancery, by the Exchequer,
or by the justices. Many hours were spent hearing and answering
petitions. From 1305, the petitions were presented to the king in full
Parliament.
The king still exercised a power of legislation without a full
Parliament. He might in his council issue proclamations. The Chief
Justices still had, as members of the king's council, a real voice in
the making of laws. The king and his justices might, after a statute
has been made, put an authoritative interpretation upon it. Royal
proclamations had the same force as statutes while the king lived;
sometimes there were demands that certain proclamations be made
perpetual by being embodied in statutes, e.g. fixing wages. There was
no convention that agreement or even the presence of representatives
was required for legislation. The idea that the present can bind the
absent and that the majority of those present may outvote the minority
was beginning to take hold. Edward I's councilors and justices took an
oath to give, expedite, and execute faithful counsel; to maintain,
recover, increase, and prevent the diminution of, royal rights; to do
justice, honestly and unsparingly; to join in no engagements which may
present the councilor from fulfilling his promise; and to take no gifts
in the administration of justice, save meat and drink for the day.
These were in addition to other matters sworn to by the councilors.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account