The Development of the English Constitution
and the Growth of Parliament
I. The Development of the English Constitution
A. Henry I (1100-1135) [Royal Genealogy]
1. permanent council (Curia Regis)
a. previous councils
1. Anglo-Saxon Witan
2. Norman Great Council
b. origin
1. probably had its origin under William I and II
2. but institutionalized under Henry I
3. comparison to modern U.S. government
c. Chancery
1. chancellor
2. the Great Seal [e.g., Edward I: throne, horseback]
3. charters
4. writs [DOC 16]
2. itinerant justices
3. exchequer
a. treasurer
b. checkered cloth
c. tally
B. Henry II (1154-1189)
1. itinerant justices formalized into the Justices of the Assize
2. trial by jury (indictment jury)
3. centralized court system
a. Westminster (MAP, Palace, Hall)
b. Court of the King's Bench
c. Court of Common Pleas
C. the Development of Common Law
II. The Growth of Parliament
A. Richard and John (1189-1216)
1. Angevin Empire falls apart
2. king begins to lose power
a. John loses credibility in eyes of his subjects
1. lost Angevin Empire
2. over-taxation
b. Magna Carta (1215) [DOC 17]
1. What do the barons want from the king?
2. taxation (e.g., article 12)
3. common counsel (e.g., article 14)
- origins of Parliament
4. arbitrary actions (e.g., article 39)
- origins of constitutional/limited monarchy
B. Henry III (1216-1272)
1. alienates the barons
2. Provisions of Oxford (1258)
a. lower aristocrats called knights now being called
b. three regularly scheduled annual meetings
c. duties of Parliament being regularized
1. advise king on political issues
2. approve extraordinary taxation
3. deal with administrative and judicial matters
d. council of 15 barons to supervise the government
3. after a few years, Henry abolished the Provisions
4. the barons rebelled under Simon de Montfort (1264)
5. Simon de Montfort controls England for a year
a. further developed Parliament
b. called 2 burgesses from every borough
c. Parliament starting to represent more than just the great lords
6. Henry III's son Edward escapes, raises an army and defeats Simon