Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
During the first ten years of the reign the Welsh war and rumors of
war were the chief matters that distracted Edward from the scarcely
less congenial work of legislation and political organization. The
age was one of great lawgivers. Frederick II. had set the example in
Naples, and his minister Peter de Vineis had codified there the laws
and constitutions of the Norman kings of Sicily. Lewis IX. had in his
“Etablissements” created a body of law for France; and Alfonso the Wise
in the “Siete Partidas,” or seven divisions of a system of universal
law, had tried to do the same for Spain. Law had become a chief subject
of study in the universities, and Englishmen, especially clergymen,
had been used for a century to go to Bologna to read the canon and
civil law under the great professors there. In England the expansion of
judicial machinery and judicial business, which followed the reforms of
Henry II., had worked, out of old and new materials, a body of customs
which became known as the common law; and one great summary of the
hitherto unwritten law of England had been published towards the end
of the last reign by Henry Bracton, one of the judges of the king’s
court. Men’s minds had been invited by these and the like influences
to this study. The nation, awaking to political work, began to see the
necessity of changing or amending the existing system of law.
[Sidenote:
Probable
plan for the
codification
of the law.
]
In undertaking the work of a lawgiver, Edward I was simply approaching
one part of his duty as a king; but his own mind had, as has been
said, a legal bent; his chief minister Robert Burnell, was a great
lawyer; in his journey through Italy, he had engaged the services of
Francesco Accursi, an eminent jurist of Bologna, whose father had
written a body of explanatory glosses on the Roman law. It is probable
that the king had set before himself the codification of the law as
one great object. The work of Britton, another eminent judge of his
time, which is written in French, and contains much that is not in
Bracton, was published in Edward’s name; and some of his longer Acts
of Parliament contain provisions so varied and full, as almost to
constitute codes in special departments of law. But the English nation
seems to have had a dread of too elaborate systems, and the whole of
the national law has never yet been under supreme authority embodied in
a single compilation.
[Sidenote:
Principles of
Edward’s
legislation.
]
The legislation of Edward I. must be sought in the statute books. It
may be generally described as an attempt to develop and apply the
principles which had been conceded in Magna Carta and to adapt them to
the changed circumstances of his time. That document had now become,
what the laws of Edward the Confessor had been in the reign of Henry
I., and the laws of Henry I. under John, the watchword of the party
which was bent on preventing any increase or abuse of royal power.
[Sidenote:
Public-domain text, read in full here on John Shaqi.
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