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
The requirements of elementary and higher studies were adjusted
in 1393 and began the public school system. William of Wykeham's
school, St. Mary College of Winchester in Oxford was the
prototype. The curriculum was civil law, canon law, medicine,
astronomy with astronomical instruments that were made, theology,
and the arts. The arts textbooks were still grammar, logic,
Donatus, and Aristotle. Many laymen were literate, for instance
country gentry, merchants, and craftsmen. Laymen instead of
clerics were now appointed to the great offices of state.
Parliament was composed of representatives from 100 boroughs and
37 shires. Merchants were entering Parliament and paid much of
the taxes. Some were created Earls and appointed as ministers to
the King. Edward III did not summon anyone to his council who
did not have the confidence of the magnates [barons, earls,
bishops, and abbots]. Under him, the commons took a leading part
in the granting of taxes and the presentation of petitions.
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 malfeasance of two ministers. The
Parliament found the charges proved and dismissed them from
office. This established the constitutional means for
impeachment and removal of ministers. The commons demanded that
its members be elected by shire citizens rather than appointed
by the sheriff. Actions of this Parliament were undone a few
months later.
King Richard II exiled Henry of Lancaster, forbade his
inheritance, and took his property. This made all propertied men
anxious. The "Merciless Parliament" of 1388 swept out King
Richard II's friends. Parliament threw Richard II into prison
and elected Lancaster to be King Henry IV. This action
established clearly that royal decrees were subordinate to
parliamentary statutes. The House of Commons became very
powerful.
So 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.
There was a standard form of direct taxation voted by Parliament,
which was normally 1/10 of the value of all moveables in towns
and royal domains and 1/15 in the country.
Public-domain text, read in full here on John Shaqi.
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