CHAPTER XI

THE GROWTH OF LAW

81. Summonses to Parliament

Lords' Report on the Dignity of a Peer The custom of summoning the great lords to national councils existed in Anglo-Saxon times. Not until after the Conquest, however, did the custom grow into a right, which in the Angevin Period gave rank to him who was summoned. The great councils, which later grew into the Parliament, were attended - certainly as to the Early Angevin, probably as to the Norman Period only by the great nobles. In the time of the Charter, however, we find the lesser nobles desirous of the right of attendance, and later even representatives of the commonality— though in a limited degree-were given a place in these gatherings, when money was to be exacted from them. The following forms respectively represent a summons to a great noble to attend the formation of a representative Parliament, and to each of the three estates for the Model Parliament of 1295.

A WRIT OF SUMMONS OF THE LORDS, SPIRITUAL AND TEMPORAL, TO A PARLIAMENT, 26 HENRY III.

(1242)

The king to the venerable father in Christ, W. archbishop of York, greeting. We command and require you, as you love us and our honour, and your own equally, and in the faith by which you are held to us, that laying aside all other business, you be with us at London, fifteen days after St. Hilary's day, to discuss with us, along with the rest of our magnates whom we have similarly caused to be convoked, our arduous affairs and those things which more especially touch our state and that of our whole kingdom; and that you in no way fail to perform this. Witness the king at Windsor, Dec. 14th.

In the same way it is written to all the bishops, abbots, earls, and barons.

SUMMONS OF A BISHOP TO PARLIAMENT

(1295)

The king to the venerable father in Christ, Robert, by the same grace archbishop of Canterbury, primate of all Eng

land, greeting. As a most just law, established by the careful providence of sacred princes, exhorts and decrees that what affects all, by all should be approved, so also, very evidently should common danger be met by means provided in common. You know sufficiently well, and it is now, as we believe, divulged through all regions of the world, how the king of France fraudulently and craftily deprives us of our land of Gascogny, by withholding it unjustly from us. Now, however, not satisfied with the before-mentioned fraud and injustice, having gathered together for the conquest of our kingdom a very great fleet, and an abounding multitude of warriors, with which he has made a hostile attack on our kingdom and the inhabitants of the same kingdom, he now proposes to destroy the English language altogether from the earth, if his power should correspond to the detestable proposition of the contemplated injustice, which God forbid. Because, therefore, darts seen beforehand do less injury, and your interest especially, as that of the rest of the citizens of the same realm, is concerned in this affair, we command you, strictly enjoining you in the fidelity and love in which you are bound to us, that on the Lord's day next after the feast of St. Martin, in the approaching winter, you be present in person at Westminster, citing beforehand the dean and chapter of your church, the archdeacons and all the clergy of your diocese, causing the same dean and archdeacons in their own persons, and the said chapter by one suitable proctor, and the said clergy by two, to be present along with you, having full and sufficient power from the same chapter and clergy, to consider, ordain and provide, along with us and with the rest of the prelates and principal men and other inhabitants of our kingdom, how the dangers and threatened evils of this kind are to be met. Witness the king at Wangham, the thirtieth day of September.

Identical summons were sent out to the two archbishops and eighteen bishops, and, with the omission of the last paragraph, to seventy abbots.

SUMMONS OF A BARON TO PARLIAMENT
(1295)

The king to his beloved and faithful relative, Edmund, Earl of Cornwall, greeting. Because we wish to have a consultation and meeting with you and with the rest of the principal men of our kingdom, as to provision for remedies against the dangers which in these days are threatening our

whole kingdom; we command you, strictly enjoining you in the fidelity and love in which you are bound to us, that on the Lord's day next after the feast of St. Martin, in the approaching winter, you be present in person at Westminster, for considering, ordaining and doing along with us and with the prelates, and the rest of the principal men and other inhabitants of our kingdom, as may be necessary for meeting dangers of this kind.

Witness the king at Canterbury, the first of October.

Similar summons were sent to seven earls and forty-one barons.

SUMMONS OF REPRESENTATIVES OF SHIRES AND TOWNS TO

PARLIAMENT
(1295)

The king to the sheriff of Northamptonshire. Since we intend to have a consultation and meeting with the earls, barons and other principal men of our kingdom with regard to providing remedies against the dangers which are in these days threatening the same kingdom; and on that account have commanded them to be with us on the Lord's day next after the feast of St. Martin in the approaching winter, at Westminster, to consider, ordain, and do as may be necessary for the avoidance of these dangers; we strictly require you to cause two knights from the aforesaid county, two citizens from each city in the same county, and two burgesses from each borough, of those who are especially discreet and capable of labouring, to be elected without delay, and to cause them to come to us at the aforesaid time and place.

Moreover, the said knights are to have full and sufficient power for themselves and for the community of the aforesaid county, and the said citizens and burgesses for themselves and the communities of the aforesaid cities and boroughs separately, then and there for doing what shall then be ordained according to the common counsel in the premises; so that the aforesaid business shall not remain unfinished in any way for defect of this power. And you shall have there the names of the knights, citizens and burgesses and this writ.

Witness the king at Canterbury on the third day of October.

Identical summons were sent to the sheriffs of each county. (Lords' Report on the Dignity of a Peer, reprinted by permission. Trans. E. P. Cheney.)

82. Confirmation of the Charters

(25 Edw. I, c. 6, 1297)

Statutes of the Realm

The Magna Charta was a rallying point for all those striving for relief from the despotic exercise of the kingly power. Again and again were the rights of the people violated, but need and fear of the people compelled the re-granting of the rights given in the Great Charter. These re-grants took the form of re-issues of the Charter, as in the Charter of Henry III., or of confirmations of its provisions, as the following Confirmation of the Charters.

1. Edward, by the grace of God king of England, lord of Ireland, and duke of Aquitaine to all those that shall hear or see these present letters, greeting: Know ye, that we to the honour of God and of holy church, and to the profit of our realm, have granted for us and our heirs that the Charter of Liberties and the Charter of the Forest, which were made by common assent of all the realm, in the time of King Henry our father, shall be kept in every point without breach. And we will that the same charters shall be sent under our seal as well to our justices of the forest as to others, and to all sheriffs of shires, and to all other officers and to all our cities throughout the realm, together with our writs, in which it shall be contained that they cause the aforesaid charters to be published, and declare to the people that we have confirmed them in all points, and that our justices, sheriffs, mayors, and other officials which under us have the laws of our land to guide, shall allow the said charters pleaded before them in judgment in all their points; that is to wit, the Great Charter as the common law and the Charter of the Forest according to the assize of the forest, for the weal of our realm.

2. And we will that if any judgment be given from henceforth, contrary to the points of the charter aforesaid, by the justices or by any other of our officials that hold pleas before them, it shall be undone and holden for naught.

3. And we will that the same charters shall be sent under our seal to cathedral churches throughout our realm, there to remain, and shall be read before the people twice yearly.

4. And that all archbishops and bishops shall pronounce the sentence of greater excommunication against all those that by word, deed, or counsel, do contrary to the aforesaid charters, or that in any point break or undo them. And that the said courses be twice a year denounced and published by the prelates aforesaid. And if the same prelates or any of

them be remiss in the denunciation of the said sentences, the archbishops of Canterbury and York for the time being, as is fitting, shall compel and distrain them to make that denunciation in form aforesaid.

5. And for as much as divers people of our realm are in fear that the aids and tasks which they have given to us beforetime towards our wars and other business, of their own grant and good-will, howsoever they were made, might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and so likewise the prises taken throughout the realm by our ministers; we have granted for us and our heirs, that we shall not draw such aids, tasks, nor prises, into a custom, for anything that hath been done heretofore, be it by roll or any other precedent that may be founden.

6. Moreover we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy church, as also to earls, barons, and to all the commonalty of the land, that for no business from henceforth will we take such manner of aids, tasks, nor prises, but by the common consent of the realm, and for the common profit thereof, saving the ancient aids and prises due and accustomed.

7. And for as much as the more part of the commonalty of the realm find themselves sore grieved with the maletote of wools, that is to wit, a toll of forty shillings for every sack of wool, and have made petition to us to release the same; we, at their requests, have clearly released it, and have granted for us and our heirs that we shall not take such thing or any other without their common assent and good-will, saving to us and our heirs the custom of wools, skins, and leather granted before by the commonalty aforesaid. In witness of which things we have caused these our letters to be made patent. Witness Edward, our son, at London, the tenth day of October, the five and twentieth year of our reign.

And be it remembered that this same charter in the same terms, word for word, was sealed in Flanders under the king's great seal, that is to say at Ghent, the fifth day of November in the twenty-fifth year of the reign of our aforesaid lord the king, and sent into England.

(Edited from Statutes of the Realm, I, 123, 124.)