Parliament of England

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Parliament of England
First past the post with limited suffrage1
Meeting place
Palace of Westminster, Westminster, Middlesex
Footnotes
1Reflecting Parliament as it stood in 1707.
See also: Parliament of Scotland,
Parliament of Ireland

The Parliament of England was the

great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III
(r. 1216–1272). By this time, the king required Parliament's consent to levy taxation.

Originally a unicameral body, a bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons, which included knights of the shire and burgesses. During Henry IV's time on the throne, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", which essentially enabled English citizens to petition the body to address complaints in their local towns and counties. By this time, citizens were given the power to vote to elect their representatives—the burgesses—to the House of Commons.

Over the centuries, the English Parliament progressively limited the power of the

High Court of Justice for the trial of Charles I
.

Predecessors (pre-13th century)

Since the unification of England in the 10th century, kings had convened national councils of lay

Earl Godwin in 1051.[2]

After the

Domesday survey was planned at the Christmas council of 1085, and the Constitutions of Clarendon were made at the 1164 council. The magnum concilium continued to be the setting of state trials, such as the trial of Thomas Becket.[4]

The members of the great councils were the king's tenants-in-chief. The greater tenants (archbishops, bishops, abbots, earls, and barons) were summoned by individual writ, but lesser tenants[note 1] were summoned by sheriffs.[6] These were not representative or democratic assemblies. They were feudal councils in which barons fulfilled their obligation to provide counsel to their lord the king.[7] Councils allowed kings to consult with their leading subjects, but such consultation rarely resulted in a change in royal policy. According to historian Judith Green, "these assemblies were more concerned with ratification and publicity than with debate".[8] In addition, the magnum concilium had no role in approving taxation as the king could levy geld (discontinued after 1162) whenever he wished.[9]

The years between 1189 and 1215 were a time of transition for the great council. The cause of this transition were new financial burdens imposed by the Crown to finance the Third Crusade, ransom Richard I, and pay for the series of Anglo-French wars fought between the Plantagenet and Capetian dynasties. In 1188, a precedent was established when the great council granted Henry II the Saladin tithe. In granting this tax, the great council was acting as representatives for all taxpayers.[9]

The likelihood of resistance to national taxes made consent politically necessary. It was convenient for kings to present the great council as a representative body capable of consenting on behalf of all within the kingdom. Increasingly, the kingdom was described as the communitas regni (Latin for "community of the realm") and the barons as their natural representatives. But this development also created more conflict between kings and the baronage as the latter attempted to defend what they considered the rights belonging to the king's subjects.[10]

King John (r. 1199–1216) alienated the barons by his partiality in dispensing justice, heavy financial demands and abusing his right to feudal incidents, reliefs, and aids. In 1215, the barons forced John to abide by a charter of liberties similar to charters issued by earlier kings (see Charter of Liberties).[11] Known as Magna Carta (Latin for "Great Charter"), it was based on three assumptions important to the later development of Parliament:[12]

  1. the king was subject to the law
  2. the king could only make law and raise taxation (except customary feudal dues) with the consent of the community of the realm
  3. that the obedience owed by subjects to the king was conditional and not absolute

Clause 12 stated that certain taxes could only be levied "through the common counsel of our kingdom", and clause 14 specified that this common counsel was to come from bishops, earls, and barons.[13] While the clause stipulating no taxation "without the common counsel" was deleted from later reissues, it was nevertheless adhered to by later kings.[14] Magna Carta would gain the status of fundamental law after John's reign.[15]

13th century

The word parliament comes from the French parlement first used in the late 11th century with the meaning of "parley" or "conversation".[16] In the mid-1230s, it became a common name for meetings of the great council.[17] The word was first used with this meaning in 1236.[18]

In the 13th century, parliaments were developing throughout north-western Europe. As a vassal to the King of France, English kings were suitors to the parlement of Paris. In the 13th century, the French and English parliaments were similar in their functions; however, the two institutions diverged in significant ways in later centuries.[19]

Early meetings

After the 1230s, the normal meeting place for Parliament was fixed at Westminster. Parliaments tended to meet according to the legal year so that the courts were also in session: January or February for the Hilary term, in April or May for the Easter term, in July, and in October for the Michaelmas term.[20]

Most parliaments had between forty and eighty attendees.[21] Meetings of Parliament always included:[1][22]

  • the king
  • barons of the exchequer
    )
  • members of the king's council
  • ecclesiastical magnates (archbishops, bishops, abbots, priors)
  • lay magnates (earls and barons)

The lower clergy (

parish priests) were occasionally summoned when papal taxation was on the agenda. Beginning around the 1220s, the concept of representation, summarised in the Roman law maxim quod omnes tangit ab omnibus approbetur (Latin for "what touches all should be approved by all"), gained new importance among the clergy, and they began choosing proctors to represent them at church assemblies and, when summoned, at Parliament.[23]

As feudalism declined and the gentry and merchant classes increased in influence, the shires and boroughs were recognised as communes (Latin communitas) with a unified constituency capable of being represented by knights of the shire and burgesses. Initially, knights and burgesses were summoned only when new taxes were proposed so that representatives of the communes (or "the Commons") could report back home that taxes were lawfully granted.[24][25] The Commons were not regularly summoned until the 1290s,[26] after the so-called "Model Parliament" of 1295. Of the thirty parliaments between 1274 and 1294, knights only attended four and burgesses only two.[27]

Early parliaments increasingly brought together social classes resembling the estates of the realm of continental Europe: the landed aristocracy (barons and knights), the clergy, and the towns. Historian John Maddicott points out that "the main division within parliament was less between lords and commons than between the landed and all others, lower clergy as well as burgesses".[28]

Specialists could be summoned to Parliament to provide expert advice. For example, Roman law experts were summoned from Cambridge and Oxford to the Norham parliament of 1291 to advise on the disputed Scottish succession. At the Bury St Edmunds parliament of 1296, burgesses "who best know how to plan and lay out a certain new town" were summoned to advise on the rebuilding of Berwick after its capture by the English.[29]

Early functions and powers

Parliament—or the "High Court of Parliament" as it became known—was England's highest court of justice. A large amount of its business involved judicial questions referred to it by ministers, judges, and other government officials.[30] Many petitions were submitted to Parliament by individuals whose grievances were not satisfied through normal administrative or judicial channels.[31] As the number of petitions increased, they came to be directed to particular departments (chancery, exchequer, the courts) leaving the king's council to concentrate on the most important business. Parliament became "a delivery point and a sorting house for petitions".[32] From 1290 to 1307, Gilbert of Rothbury was placed in charge of organising parliamentary business and recordkeeping—in effect a clerk of the parliaments.[33]

Kings could legislate outside of Parliament through legislative acta (administrative orders drafted by the king's council as letters patent or letters close) and writs drafted by the chancery in response to particular court cases.[34] But kings could also use Parliament to promulgate legislation. Parliament's legislative role was largely passive—the actual work of law-making was done by the king and council, specifically the judges on the council who drafted statutes.[35] Completed legislation was then presented to Parliament for ratification.[36]

Kings needed Parliament to fund their military campaigns.[37] On the basis of Magna Carta, Parliament asserted for itself the right to consent to taxation, and a pattern developed in which the king would make concessions (such as reaffirming liberties in Magna Carta) in return for tax grants.[38] Withholding taxation was Parliament's main tool in disputes with the king. Nevertheless, the king was still able to raise lesser amounts of revenue from sources that did not require parliamentary consent, such as:[39][40]

Henry III

regency government that relied heavily on great councils to legitimise its actions. Great councils even consented to the appointment of royal ministers, an action that normally was considered a royal prerogative. Historian John Maddicott writes that the "effect of the minority was thus to make the great council an indispensable part of the country's government [and] to give it a degree of independent initiative and authority which central assemblies had never previously possessed".[41]

The regency government officially ended when Henry turned sixteen in 1223, and the magnates demanded the adult king confirm previous grants of Magna Carta made in 1216 and 1217 to ensure their legality. At the same time, the king needed money to defend his possessions in Poitou and Gascony from a French invasion. At a great council in 1225, a deal was reached that saw Magna Carta and the Charter of the Forest reissued in return for taxing a fifteenth (7 percent) of movable property. This set a precedent that taxation was granted in return for the redress of grievances.[42]

Ministers and finances

In 1232,

disseisins, revoking perpetual rights granted in royal charters, depriving heirs of their inheritances, and marrying heiresses to foreigners.[43]

Both Roches and Rivaux were foreigners from Poitou. The rise of a royal administration controlled by foreigners and dependent solely on the king stirred resentment among the magnates, who felt excluded from power. Several barons rose in rebellion, and the bishops intervened to persuade the king to change ministers. At a great council in April 1234, the king agreed to remove Rivaux and other ministers. This was the first occasion in which a king was forced to change his ministers by a great council or parliament. The struggle between king and Parliament over ministers became a permanent feature of English politics.[44]

Thereafter, the king ruled in concert with an active Parliament, which considered matters related to foreign policy, taxation, justice, administration, and legislation. January 1236 saw the passage of the

bastards from inheritance. Significantly, the language of the preamble describes the legislation as "provided" by the magnates and "conceded" by the king, which implies that this was not simply a royal measure consented to by the barons.[45][46] In 1237, Henry asked Parliament for a tax to fund his sister Isabella's dowry. The barons were unenthusiastic, but they granted the funds in return for the king's promise to reconfirm Magna Carta, add three magnates to his personal council, limit the royal prerogative of purveyance, and protect land tenure rights.[47]

But Henry was adamant that three concerns were exclusively within his royal prerogative: family and inheritance matters, patronage, and appointments. Important decisions were made without consulting Parliament, such as in 1254 when the king accepted the throne of the Kingdom of Sicily for his younger son, Edmund Crouchback.[48] He also clashed with Parliament over appointments to the three great offices of chancellor, justiciar, and treasurer. The barons believed these three offices should be restraints on royal misgovernment, but the king promoted minor officials within the royal household who owed their loyalty exclusively to him.[49]

In 1253, while fighting in Gascony, Henry requested men and money to resist an anticipated attack from Alfonso X of Castile. In a January 1254 Parliament, the bishops themselves promised an aid but would not commit the rest of the clergy. Likewise, the barons promised to assist the king if he was attacked but would not commit the rest of the laity to pay money.[50] For this reason, the lower clergy of each diocese elected proctors at church synods, and each county elected two knights of the shire. These representatives were summoned to Parliament in April 1254 to consent to taxation.[51] The men elected as shire knights were prominent landholders with experience in local government and as soldiers.[52] They were elected by barons, other knights, and probably freeholders of sufficient standing.[53]

Baronial reform movement

By 1258, the relationship between the king and the baronage had reached a breaking point over the "Sicilian Business", in which Henry had promised to pay papal debts in return for the pope's help securing the Sicilian crown for his son, Edmund. At the Oxford Parliament of 1258, reform-minded barons forced a reluctant king to accept a constitutional framework known as the Provisions of Oxford:[54]

  • The king was to govern according to the advice of an elected council of fifteen barons.
  • The baronial council appointed royal ministers (justiciar, treasurer, chancellor) to serve for one-year terms.
  • Parliament met three times a year on the octave of Michaelmas (October 6), Candlemas (February 3), and June 1.
  • The barons elected twelve representatives (two bishops, one earl and nine barons) who together with the baronial council could act on legislation and other matters even when Parliament was not in session as "a kind of standing parliamentary committee".[55]

Parliament now met regularly according to a schedule rather than at the pleasure of the king. The reformers hoped that the provisions would ensure parliamentary approval for all major government acts. Under the provisions, Parliament was "established formally (and no longer merely by custom) as the voice of the community".[56]

The theme of reform dominated later parliaments. During the Michaelmas Parliament of 1258, the Ordinance of Sheriffs was issued as letters patent that forbade sheriffs from taking bribes. At the Candlemas Parliament of 1259, the baronial council and the twelve representatives enacted the Ordinance of the Magnates. In this ordinance, the barons promised to observe Magna Carta and other reforming legislation. They also required their own bailiffs to observe similar rules as those of royal sheriffs, and the justiciar was given power to correct abuses of their officials. The Michaelmas Parliament of 1259 enacted the Provisions of Westminster, a set of legal and administrative reforms designed to address grievances of freeholders and even villeins, such as abuses related to the murdrum fine.[57]

Henry III made his first move against the baronial reformers while in France negotiating peace with Louis IX. Using the excuse of his absence from the realm and Welsh attacks in the marches, Henry ordered the justiciar, Hugh Bigod, to postpone the parliament scheduled for Candlemas 1260. This was an apparent violation of the Provisions of Oxford; however, the provisions were silent on what should happen if the king were outside the kingdom. The king's motive was to prevent the promulgation of further reforms through Parliament. Simon de Montfort, a leader of the baronial reformers, ignored these orders and made plans to hold a parliament in London but was prevented by Bigod. When the king arrived back in England he summoned a parliament which met in July, where Montfort was brought to trial though ultimately cleared of wrongdoing.[58][59]

In April 1261, the pope released the king from his oath to adhere to the Provisions of Oxford, and Henry publicly renounced the Provisions in May. Most of the barons were willing to let the king reassume power provided he ruled well. By 1262, Henry had regained all of his authority, and Montfort left England. The barons were now divided mainly by age. The elder barons remained loyal to the king, but younger barons coalesced around Montfort, who returned to England in the spring of 1263.[60]

Montfortian parliaments

The royalist barons and rebel barons fought each other in the Second Barons' War. Montfort defeated the king at the Battle of Lewes in 1264 and became the real ruler of England for the next twelve months. Montfort held a parliament in June 1264 to sanction a new form of government and rally support. This parliament was notable for including knights of the shire who were expected to deliberate fully on political matters, not just assent to taxation.[61]

The June Parliament approved a new constitution in which the king's powers were given to a council of nine. The new council was chosen and led by three electors (Montfort, Stephen Bersted, bishop of Chichester, and Gilbert de Clare, earl of Gloucester). The electors could replace any of the nine as they saw fit, but the electors themselves could only be removed by Parliament.[61][62]

Montfort held two other Parliaments during his time in power. The most famous—

burgage tenure, such as wealthy merchants or craftsmen)[63] were summoned along with knights of the shire.[64]

Montfort was killed at the Battle of Evesham in 1265, and Henry was restored to power. In August 1266, Parliament authorised the Dictum of Kenilworth, which nullified everything Montfort had done and removed all restraints on the king.[65] In 1267, some of the reforms contained in the 1259 Provisions of Westminster were revised in the form of the Statute of Marlborough passed in 1267. This was the start of a process of statutory reform that continued into the reign of Henry's successor.[66]

Edward I

A 16th-century depiction of the Parliament of King Edward I.The lords spiritual are seated to the king's right, the lords temporal to his left, and in the centre sit the justices and law officers.

Edward I (r. 1272–1307) learned from the failures of his father's reign the usefulness of Parliament for building consensus and strengthening royal authority.[67] Parliaments were held regularly throughout his reign, generally twice a year at Easter in the spring and after Michaelmas in the autumn.[68]

Under Edward, the first major statutes amending the common law were promulgated in Parliament:[69][29]

The first Statute of Westminster required free elections without intimidation. This act was accompanied by the grant of a tax on England's wealthy wool trade—a half-mark (6s 8d) on each sack of wool exported. It became known as the magna et antiqua custuma (Latin: "great and ancient custom") and was granted to Edward and his heirs, becoming part of the Crown's permanent revenue until the 17th century.[70][71]

Model Parliament

In 1294, the Anglo-French War broke out over control of Gascony. Edward's need for money to finance the war led him to take arbitrary measures. He ordered the seizure of merchants' wool, which was only released after payment of the unpopular maltolt, a tax never authorised by Parliament. Church wealth was arbitrarily seized, and the clergy were further asked to give half of their revenues to the king. They refused but agreed to a smaller sum. Over the next couple years, parliaments approved new taxes, but it was never enough. More money was needed to put down a Welsh rebellion and win the First War of Scottish Independence.[72]

This need for money led to what became known as the "Model Parliament" of November 1295. In addition to magnates who were summoned individually, sheriffs were instructed to send two elected knights from each shire and two elected burgesses from each borough. The Commons had been summoned to earlier parliaments but only with power to consent to what the magnates decided. In the Model Parliament, the writ of summons invested shire knights and burgesses with power to provide both counsel and consent.[73]

Crisis of 1297

By 1296, the King's efforts to recover Gascony were creating resentment among the clergy, merchants, and magnates. At the Bury St Edmunds parliament in 1296, the lay magnates and Commons agreed to pay a tax on moveable property. The clergy refused citing the papal bull

Clericis Laicos, which forbade secular rulers from taxing the church without papal permission. In January 1297, a convocation of the clergy met at St Paul's in London to consider the matter further but ultimately could find no way to pay the tax without violating the papal bull.[74] In retaliation, the King outlawed the clergy and confiscated clerical property on 30 January. On 10 February, Robert Winchelsey, archbishop of Canterbury, responded by excommunicating anyone acting against Clericis Laicos.[75] Most clergy paid a fine for the restoration of their property that was identical to the tax requested by the King.[74]

At the Salisbury parliament of March 1297, Edward unveiled his plans for recovering Gascony. The English would mount a two front attack with the King leading an

prise) and payment of a new maltolt.[76]

In July 1297, a writ declared that "the earls, barons, knights, and other laity of our realm" had granted a tax on moveables. In reality, this grant was not made by a parliament but by an informal gathering "standing around in [the king's] chamber".[77] Norfolk and Hereford drew up a list of grievances known as the Remonstrances, which criticized the king's demand for military service and heavy taxes. The maltolt and prises were particularly objectionable due to their arbitrary nature.[78] In August, Bigod and de Bohun arrived at the exchequer protesting that the irregular tax "was never granted by them or the community" and declared they would not pay it.[79]

The outbreak of the

Confirmatio Cartarum reconfirmed Magna Carta, abolished the maltolt, and formally recognised that "aids, mises, and prises" needed the consent of Parliament.[80][81]

Later reign

Edward soon broke the agreements of 1297, and his relations with Parliament remained strained for the rest of his reign as he sought further funds for the war in Scotland. At the parliament of March 1300, the king was forced to agree to the Articuli Super Cartas, which gave further concessions to his subjects.[82]

At the Lincoln parliament of 1301, the King heard complaints that the charters were not followed and calls for the dismissal of his chief minister, the treasurer Walter Langton. Demands for appointment of ministers by "common consent" were heard for the first time since Henry III's death. To this, Edward angrily refused, saying that every other magnate in England had the power "to arrange his household, to appoint bailiffs and stewards" without outside interference. He did offer to right any wrongs his officials had committed.[83] Notably, the petition on behalf of "the prelates and leading men of the kingdom acting for the whole community" was presented by Henry de Keighley, knight for Lanchashire. This indicates that knights were holding greater weight in Parliament.[84]

The last four parliaments of Edward's' reign were less contentious. With Scotland nearly conquered, royal finances improved and opposition to royal policies decreased. A number of petitions were considered at the parliament of February 1305 included ones related to crime. In response, Edward issued the

papal provisions and papal taxation was also ratified.[85]

14th century

Edward II (1307–1327)