Statute of York
Encyclopedia
The Statute of York was a 1322 Act
of the Parliament of England
that repealed the Ordinances of 1311
and prevented any similar provisions from being established. Academics argue over the actual impact of the bill, but general consensus is that it made the idea that the House of Commons should be consulted on all matters of general interest. The Statute is seen as "the end of a period of revolutionary experiments in English government", with no Ordinances ever attempted again.
were provisions imposed upon King Edward II
by the peerage
and clergy of the Kingdom of England
to restrict the power of the king. Edward's victory against his political opposition at the Battle of Boroughbridge
on 16 March 1322, and the execution of the Earl of Lancaster 3 days later, gave him a large amount of freedom, and Parliament
was summoned to meet at York
on 2 May 1322 with a writ backdated to 2 days before Boroughbridge. Edward's first matter was "the statute on the repeal of the ordinances". Draft copies discovered in the Public Record Office
indicate that the Statute was originally only meant to repeal the Ordinances of 1311
, with no additional provisions. The second draft, however, completely vindicated the idea of the royal prerogative
, and prevented any similar Ordinances from being enacted, saying that "the Matters which are to be established for the Estate of our Lord the King and of his Heirs and for the Estate of the Realm and the People shall be treated accorded and established in Parliaments ... according as it hath been heretofore accustomed". As a result of the Statute, the Ordinances were repealed, and no attempt was ever made to reintroduce them; this has been seen as "the end of a period of revolutionary experiments in English government".
The House of Lords
committee that discussed the Statute concluded that it meant to formalise what had previously been custom in regards to the rights of peers and the monarch, and that any previous statute made without regard for this was void. Henry Hallam
concluded that, although seeming to advance the rights of the people by confirming previous custom (which included requiring the Monarch to consult the House of Commons when passing a Statute), the enactment "seems rather to limit than to enhance the supreme power of parliament, if it were meant to prohibit any future enactment of the kind by its sole authority", since the Lords Ordainers had been elected by the people; nonetheless, most historians believe it extended the Commons' rights. Those historians who do agree that it recognised the right of the Commons do not agree what it recognised; some say that it required the consent of the Commons when significant constitutional changes were to be made, some that it merely recognised the right of the Commons to be consulted in financial matters, and some that it recognised the right of the Commons to be consulted on all matters of general interest; the third theory is the most commonly accepted one.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
that repealed the Ordinances of 1311
Ordinances of 1311
The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers...
and prevented any similar provisions from being established. Academics argue over the actual impact of the bill, but general consensus is that it made the idea that the House of Commons should be consulted on all matters of general interest. The Statute is seen as "the end of a period of revolutionary experiments in English government", with no Ordinances ever attempted again.
Statutee
The Ordinances of 1311Ordinances of 1311
The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers...
were provisions imposed upon King Edward II
Edward II of England
Edward II , called Edward of Caernarfon, was King of England from 1307 until he was deposed by his wife Isabella in January 1327. He was the sixth Plantagenet king, in a line that began with the reign of Henry II...
by the peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
and clergy of the Kingdom of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
to restrict the power of the king. Edward's victory against his political opposition at the Battle of Boroughbridge
Battle of Boroughbridge
The Battle of Boroughbridge was a battle fought on 16 March 1322 between a group of rebellious barons and King Edward II of England, near Boroughbridge, northwest of York. The culmination of a long period of antagonism between the king and Thomas, Earl of Lancaster, his most powerful subject, it...
on 16 March 1322, and the execution of the Earl of Lancaster 3 days later, gave him a large amount of freedom, and Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
was summoned to meet at York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
on 2 May 1322 with a writ backdated to 2 days before Boroughbridge. Edward's first matter was "the statute on the repeal of the ordinances". Draft copies discovered in the Public Record Office
Public Record Office
The Public Record Office of the United Kingdom is one of the three organisations that make up the National Archives...
indicate that the Statute was originally only meant to repeal the Ordinances of 1311
Ordinances of 1311
The Ordinances of 1311 were a series of regulations imposed upon King Edward II by the peerage and clergy of the Kingdom of England to restrict the power of the king. The twenty-one signatories of the Ordinances are referred to as the Lords Ordainers, or simply the Ordainers...
, with no additional provisions. The second draft, however, completely vindicated the idea of the royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, and prevented any similar Ordinances from being enacted, saying that "the Matters which are to be established for the Estate of our Lord the King and of his Heirs and for the Estate of the Realm and the People shall be treated accorded and established in Parliaments ... according as it hath been heretofore accustomed". As a result of the Statute, the Ordinances were repealed, and no attempt was ever made to reintroduce them; this has been seen as "the end of a period of revolutionary experiments in English government".
The House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
committee that discussed the Statute concluded that it meant to formalise what had previously been custom in regards to the rights of peers and the monarch, and that any previous statute made without regard for this was void. Henry Hallam
Henry Hallam
Henry Hallam was an English historian.-Life:The only son of John Hallam, canon of Windsor and dean of Bristol, Henry Hallam was educated at Eton and Christ Church, Oxford, graduating in 1799...
concluded that, although seeming to advance the rights of the people by confirming previous custom (which included requiring the Monarch to consult the House of Commons when passing a Statute), the enactment "seems rather to limit than to enhance the supreme power of parliament, if it were meant to prohibit any future enactment of the kind by its sole authority", since the Lords Ordainers had been elected by the people; nonetheless, most historians believe it extended the Commons' rights. Those historians who do agree that it recognised the right of the Commons do not agree what it recognised; some say that it required the consent of the Commons when significant constitutional changes were to be made, some that it merely recognised the right of the Commons to be consulted in financial matters, and some that it recognised the right of the Commons to be consulted on all matters of general interest; the third theory is the most commonly accepted one.