Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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 count 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.
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