Parliament - Proto-parliamentarian Institutions - England

England

England has long had a tradition of a body of men who would assist and advise the King on important matters. Under the Anglo-Saxon Kings, there was an advisory council, the Witenagemot ("meeting of wise men"). As part of the Norman Conquest of England, the new King, William I, did away with the Witenagemot, replacing it with a Curia Regis ("King's Council"). Membership of the Curia was largely restricted to the tenants in chief, the few nobles who "rented" great estates directly from the King, along with certain senior ecclesiastics.

Most historians date the emergence of a parliament with some degree of power to which the throne had to defer no later than the rule of Edward I. (Kaeuper, Richard W., War Justice and Public Order: England and France in the Later Middle Ages, Oxford U. Press, 1988.) Like previous kings, Edward called leading nobles and church leaders to discuss government matters, especially finance. A meeting in 1295 became known as the Model Parliament because it set the pattern for later Parliaments. The significant difference between the Model Parliament and the earlier Curia Regis was the addition of the Commons, that is, elected representatives of rural landowners and of townsmen. In 1307, Edward I agreed not to collect certain taxes without consent of the realm. He also enlarged the court system.

William of Normandy brought to England the feudal system of his native Normandy, and sought the advice of the curia regis, before making laws. This body is the origin from which the Parliament, the higher courts of law, the Privy Council and Cabinet have sprung. Of these, the legislature is formally the High Court of Parliament; judges sit in the Supreme Court of Judicature; and only the executive government is no longer conducted in a royal court.

The tenants-in-chief often struggled with their spiritual counterparts and with the King for power. In 1215, they secured from John the Magna Carta, which established that the King may not levy or collect any taxes (except the feudal taxes to which they were hitherto accustomed), save with the consent of a council. It was also established that the most important tenants-in-chief and ecclesiastics be summoned to the council by personal writs from the Sovereign, and that all others be summoned to the council by general writs from the sheriffs of their counties. Modern government has its origins in the Curia Regis; parliament descends from the Great Council later known as the parliamentum established by Magna Carta.

The English Parliaments during the reign of King Henry III in the 13th century incorporated elected representation from shires and towns, and is considered the forerunner of the modern parliament. In 1265, Simon de Montfort, 6th Earl of Leicester, who was in rebellion against Henry III, summoned a parliament of his supporters without royal authorisation. The archbishops, bishops, abbots, earls and barons were summoned, as were two knights from each shire and two burgesses from each borough. Knights had been summoned to previous councils, but the representation of the boroughs was unprecedented. De Montfort's scheme of representation and election was formally adopted by Edward I in the so-called "Model Parliament" of 1295. At first, each estate debated independently; by the reign of Edward III, however, Parliament had been separated into two Houses and was recognisably assuming its modern form.