Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
Edward called meetings of representatives from all social and
geographic sectors of the nation at one Parliament to determine
taxes due to the Crown. He declared that "what touches all,
should be approved by all". He wanted taxes from the burgesses
in the towns and the clergy's ecclesiastical property as well as
from landholders. He argued to the clergy that if barons had to
both fight and pay, they who could do no fighting must at least
pay, and compelled them to renounce all Papal orders contrary to
the King's authority. He offered to give up the royal right to
tax merchandise for a new tax: customs on exports. He got an
agreement for an "aid" of one-fifteenth on other moveables. This
new system of taxation began the decline of the imposition of
feudal aids, scutages, and carucage. The aids of the boroughs,
counties, and church had been negotiated by the Exchequer with
the reeves of each town, the sheriff and shire courts of each
county, and the archdeacons of each diocese, the area under a
bishop's control.
This Model Parliament of 1295 was composed of the three
communities. The first were the lords. Because of the increase
of lesser barons due to a long national peace and prosperity,
the lords attending were reduced in numbers and peerage became
dependent not on land tenure, but on royal writ of summons. The
second community was the clergy, represented by the bishops of
each diocese. They later declined to attend. The third community
was the commons. It was composed of two burgesses elected by
principal burgesses of each borough and two elected knights
representing each county. The common people now had a voice in
law-making. The first legislation proposed by the commons was
alteration of the forest laws governing the royal pleasure
parks. Such a statute was passed in a bargain for taxes of a
percentage of all moveables, which were mostly foodstuffs and
animals.
Parliament soon was required to meet once or twice yearly.
Lawmaking is now a function of Parliament, of which the King's
council is a part, instead of a function of the King with his
council and judges. However, legislation may be passed without
the consent of the commons. Also, 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 to outvote the minority
was beginning to take hold. The Chief Justices still had, as
members of the 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.
Most petitions to Parliament were private grievances of
individuals, including people of no social rank, such as
prisoners. Other petitions were from communities and groups.
Public-domain text, read in full here on John Shaqi.
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