The British Monarchy, Part III — Parks, Presidents and Parks

Charles Philip Arthur George Windsor, the oldest son of the recently deceased Queen Elizabeth, is now King Charles III of the United Kingdom of Great Britain and Northern Ireland. He is a constitutional monarch with limited powers.

Monarchs used to have absolute power. The evolution to a constitutional monarch started with the Magna Carta, issued in 1215 during the reign of King John (see part 1 of this series). This evolution continued during the reign of his son, King Henry III (see part 2 of this series).

Edward I, the eldest son of Henry III, acceded to the throne in 1272.

Edward Longshanks / Hammer of the Scotts

King Edward I was also known as Edward Longshanks due to his height. He earned the nickname 'Hammer of the Scots' when he invaded Scotland. He reigned from 1272 – 1307.

Early in his reign Edward led the English military in defeating Wales, ending Welch independence. Edward later gave his son the title 'Prince of Wales,' the first to receive that designation. Since then, the title has been granted to the male heir apparent to the throne. The title 'Princess of Wales' is bestowed on the prince's wife. Lady Diana became Princess of Wales when she married Charles. Technically, Camilla is now Princess of Wales but goes by 'Duchess of Cornwall' to avoid comparisons with the popular Diana. Now that Charles is King, William is Prince of Wales and Kate is Princess of Wales.

In 1296, Edward invaded Scotland, as popularized in the Braveheart movie. This invasion failed.

Military adventures are expensive. Under the Magna Carta, Parliament had the authority to raise taxes. King Edward called Parliament into session annually. One of the Parliaments became known as the 'Model Parliament' as Edward included a broad spectrum of society. In Edward's words: "Inasmuch as a most righteous law of the emperors ordains that what touches all should be approved by all, so it evidently appears that common dangers should be met by remedies agreed upon in common." In other words, King Edward wanted the 'consent of the governed.'

The Parliaments called by Edward went beyond providing funds for his military adventures and passed several laws. These laws did not directly change the power of the King. However, as Founding Father John Adams said, the United States is a "government of laws and not of men." The Monarch cannot exercise arbitrary and absolute power in a nation ruled by law.

Statute of Westminster, 1275 and 1285

Parliament passed 51 ordinances in 1275, collectively known as the Statute of Westminster.

In the introduction to the acts, the King listed the wide range of support for the laws and the rationale for passing them:

Introduction to the Statute of Westminster (French was the official language at the time)

"THESE be the Acts of King EDWARD, Son to King HENRY, made at Westminster at his first Parliament general after his Coronation…by his Council, and the Assent of Archbishops, Bishops, Abbots, Priors, Earls, Barons, and all the Commonalty of the Realm being thither summoned, because our Lord the King had great Zeal and Desire to redress the State of the Realm in such Things as required Amendment, for the common Profit of holy Church, and of the Realm…[because] Prelates and religious Persons of the Land grieved many ways, and the People otherwise intreated than they ought to be, and the Peace less kept, and the Laws less used, and the Offenders less punished than they ought to be, by reason where of the People of the Land feared the less to offend; the King hath ordained and established these Acts underwritten, which he intendeth to be necessary and profitable unto the whole Realm." (Original French shown in nearby image)

Several of the 51 provisions are interesting.

One regarding free elections is still in force: "because Elections ought to be free, the King commandeth upon great Forfeiture, that no Man by force of Arms, nor by Malice, or Menacing, shall disturb any to make free Election."

One regarding excessive fines was not superseded until the 1860s: "that no City, Borough, nor Town, nor any Man be amerced [fined], without reasonable Cause, and according to the Quantity of his Trespass."

Chapter (law) 13 was a Law regarding rape: "the King prohibiteth that none do ravish, nor take away by Force, any Maiden within Age (neither by her own Consent, nor without) nor any Wife or Maiden of full Age, nor any other Woman against her Will." The law defined a minimum penalty of two years in jail.

Other provisions included bail reform, a prohibition against extortion, and a prohibition against slander.

In 1285, Parliament passed another set of laws known as the Statute of Westminster II, with 50 chapters (laws). One chapter is still in effect today, known as "DE DONIS CONDITIONALIBUS." Perhaps if there are any lawyers in the audience, you can help with this one. Encyclopedia Britannica says the statute: "allowed a conveyor of land to limit its inheritance to the direct descendants of the conveyee and to claim it back if the conveyee's direct line died out."

In these laws, the King worked with the legislature, not through royal decrees. An analogy today is the President of the United States working with Congress instead of issuing executive orders.

However, the King did use a royal decree for a significant historical action. In 1290, Edward issued the 'Edict of Expulsion,' expelling all Jews from England. He then confiscated their property. Over 300 years passed before the government repealed the edict.

In the next part of this series, we’ll cover the reign of Edward’s son, Edward II. Edward II had many conflicts with Parliament and English nobles, and was forced to abdicate his throne.