English History, Briefly

11c. 1066 Norman Conquest:  Continuation of pre-Conquest practice, e.g., danegeld, had an A-S accession to the throne, kept writs, tower of London. Start of William the Conqueror’s reign. 1085 Domesday book produced – favourable to Baron’s in confirming title. 1087 Death of William. William II (second son) took throne, Robert (first son) took Norman throne:  Beat rebellion by Barons.  Sought to exert control over the Church – investiture controversy. 12c. 1100 Death of William II (Hunting accident) Henry I (third son of William I) took throne.  Opposed Barons, A-S, Church.  Settled a Charter of Liberties at coronation with Barons. Forerunner to MC.  Robert tried to invade 1101 but failed.  Concordat of London – solved investiture controversy. Homage sworn to Henry I but Bishops had power.  1106 – invaded Normandy.  1120 – crushed Baron’s rebellion. White ship disaster, successor son (to unite Norman and English thrones) died and left only with his daughter Mathilda. Daughter had Henry II by Count of Anjou. 1125 Death of Henry I King Stephen took throne.  Anarchy.  In 1139, beat Mathilda and her half-brother.  Henry II invaded in 1153. They made an agreement that Henry II would succeed him. 1154 Death of Stephen King Henry II took throne: FIRST ANGEVIN KING.  Created compilated of laws of Edward the Confessor.  When Henry II took the throne, the Kingdom was poor and devastated. He quickly forgave Stephen’s backers, but demolished their castles, reinstated royal finances and justice.  Invaded Northumbria, Ireland, supported by the Pope. Had control in Dublin’s vicinity.  Increased use of scutage to hire an army and increase royal wealth.  The Assize – proclamations of the king, an occasional local court, a jury in one of those, or a novel action for disseisin. Tried by a local jury or 12 and looked at possession, not ownership.  1166, Assize of Clarendon: criminal grand jury’s origin; assize of novel disseisin; local jurors decide a question.  1164, Constitution of Clarendon: to have greater control over the clergy (1/6 of English men). Rowed with Thomas Beckett, who fled to France and returned 6 years later. Henry had his son crowned associated King, and Beckett confronted that, killed.  1176, Assize of Northampton: assize of mort d’ancestor.  1176, Assize of Clarendon: took more control.  1178, specialised the Curia Regis. 1189 Death of Henry II King Richard I took throne:  Crusader. Bled the country dry. Justiciar had to run the country.  Prince John took de facto power. When Richard reutnred, John fled. Richard then made peace with him, went to France, and never returned.  Justiciar instated the eyre – justices going around and sorting issues. Serious crimes were sent to the Royal Court. Finished in 2 months. 1199 Death of Richard I King John took the throne:  Lost almost all Angevin land. To recover, raised taxes. Opposed this. He also clashed with the Church and that meant he was excommunicated from the pope. This led to him having to acquiesce to the Pope England as feudal land.  Barons, so angered, put MC to him.  MC: 63 clauses. Cl 61 – security clause. John sent to the Pope and the Pope declared it void.  Baron’s War: 1215-1217. John dies half-way through leaving a 9 year old heir, so the barons do away with their preferred King, Louie, and pick the young Henry. Reissued 1216, no cl 61. 13c. 1216 Death of John King Henry III took the throne: FIRST PLANTEGINATE KING.  Boy king.  1227 – of age, but ruled with limited power. In favour of the pope.  1258: coup. Mad Parliament settled the Provisions of Oxford – 3 parliaments a year.  1259: Provisions of Westminster limited mortmain.  1261: repudiated Provisions of Oxford.  1263-7: 2nd Baron’s War  1265: Prince Edward took control of Henry.  End of the war: Statute of Marlborough reaffirmed MC. 1272 Death of Henry III King Edward I took throne:  Used chancellor to survey the country and identify feudal dues. Increased royal court power and reduced local power.  Statute of Glouchester (1278): reinstated General Eyres. Allowed parties to take damages in possessory claims. Allowed quo warranto writs. Changed law of waste.  Statute of Westminster II (1285): Add fee tail. Allow new forms where clerks agree should exist and similar to an existing one.  Statute of Quo Warranto (1290): a use of power used since 1189 was sufficient for quo warranto.  Quia Emptores: ended subinfeudation.  Statute of Jewry: no more usury. 1290, all jews expelled.  Statutes of Mortmein 1279, 1290.  Annexed Wales and invaded Scotland.  Confirmatio Cartorum 1297 – reissue of MC with 37 clauses. In force today. In response to borrowing by the King to fight guerrillas in Scotland. 1297 Death of Edward I King Edward II took throne:  Coronation in 1308.  1310 – formed a Baronial Committee to reform government – decided 1311 need approval to go to war.  Abolished prises, required Parliament to meet every day. Royal revenues to the Exchequer.  Married 12 year old 1308, became hostile, sent her to Paris. Took up with Roger Motimor, she invaded England with him. 14c. 1327 Edward II abdicated this year after parliament asked him to. King Edward III took the throne:  Controlled by Isabella and Mortimor but had a coup and had Mortimor executed and his mother arrested.  Invaded Scotland, France responded, so he started a 100-year war in France. Raised armies and spending. Statute and Parliament in English Legal History

 Pre-Norman: o c. 600 on, witanagemot, issued laws in doombook. Cf. Normans, unwritten law. o Folcmot, local bodies discussing local issues, evolved into county court. o King governed under advice – Earls advising King. William the Conqueror changed it to Barons. . Bracton = “King’s Colleagues”.  Norman on: o Letter of William I to Citizens of London – “it is my will that your laws and customs be preserved as they were in King Edward’s day.” Old English and uses English King’s Administrative writ form. o Feudalism – system of homage creates obligations to advise a lord. So, King advised by advisors, curia regis. Normally Barons in Norman + Angevin dynasties but more diverse after. . Had the power to direct judges, included statute, and also advise King’s CL. . Judges in Chancery and Star Chamber as parts of Curia Regis.  Parliament: o Timeline: . First in 1154 – Constitution of Clarendon passed. Higher Clergy met. . From 13th century on, Roman law prompted consultation on taxes by burgesses and elected knights. 1254: first summoning of knights to council, to raise taxes.  Start of House of Commons? NO – no deliberative role.  Maddicott: o Henry III needs money for war in France. So, parliament in 1254. o Writs distributed specified two knights from each county chosen by the county must come. First use of return of elected officials writ. Tenants in chief must come. Failure leads to forfeiture of 20 pounds. o Maddicott points to two knights who refused to go to the parliament. Suggests that there was distaste about being called to raise taxes. Original choices were all judges, had military service, never were sheriffs, and were very local. Some diversity of people before parliament being from such disparate places. Most involved in grand assize, and so shared an understanding of government. . 1258: “Mad Parliament” – all Baron, no shire, led to Baron’s war. When a parliament was later called with citizens, barons, knights and burgesses, that is probably the more plausible candidate for the first parliament.  Use of special writ to invite recipient to discuss kingdom’s business – King to do, and King to pick where. Lords receive personal writs. Sheriffs elect persons and direct to go. . 1275: 1st general parliament – representatives. . 1291: to obtain confirmation cartorum viz. taxes. . 1307: first without tax in issue. . 1341: practice of knights, citizens and burgesses deliberating separate to nobility and reporting to the king.  1440: called House of Commons. . 1836: electoral qualifications fixed – must be 40 shilling freeholder. o Towns rarely had parliamentary members. o Parliamentary petition: . King could use prerogative on petition when parliament was called, a way of attempting to get people to out corrupt officials. By 1280, so popular sorted into different bundles. Minor matter issued a letters patent, major, statute.  Increased power of house of commons – 1337, commons first petitioned King on a matter. Distinct to modern parliament as just a petition.  14th century – started to demand petitions in exchange for a tax. Mid-13th century, standard.  16th century – started to just attach a bill.  Power of the King: o Issue orders to all on advice of great men, or to a group. o HENRY II – where custom unclear, and assize can declare, need a proclamation of king with assent of great men. o STATUTE OF MERTON 1236 – confirms King’s prerogative. o Prerogative: . Tudors – parliaments less frequent; prerogative used more. 17th century was when the Stuarts began to test the prerogative. . Prerogative – can’t be widened, power, but can be cut down by convention. King can decline assent to legislation up until Stuarts. Last veto, 1708, Queen Anne vetoing law arming Scottish militia to stop Jacobite revolution. o Magna Carta 1215: . Limitation by Lords of King – but reneged. . Note security clause (cl 61) – Barons get to elect 25 to keep and cause to be observed the peace and liberties promised. A breach by the King, known to 4 of those men, gives a right to redress. A failure means the 4 refer to 25, and then they can seize all but King, Queen and children to have issues resolved.  Distrainment by Barons led to the First Barons’ War – and so the death of King John led to Henry III, nine years old, taking the throne. A negotiated peace led to cl 61 being removed from the reissued version of the Magna Carta.