Modus Tenendi Parliamentum
Encyclopedia
The Modus Tenendi Parliamentum (Method of Holding Parliaments) is a 14th century document that outlined an idealised version of English parliamentary procedure
. Part of its significance lies in its very title: parliament
was now "seen as both institutionally well defined and a proper subject for description and conscious reflection". However, it also includes elements of fantasy, both in relation to the way it sets out the history of parliaments, and its aspirations for the roles of different groups in parliament.
, such as Selden and Prynne. Thomas Duffus Hardy (1804–78) was a prominent historian
and archivist
, whose final position was senior assistant keeper of the Public Record Office
. He edited the most complete version of the volume in 1846, and believed it was probably written around the time of Edward I's Model Parliament
in 1295. Writing in 1934, William A Morris reviewed the conflicting views on the date of the Modus that were first offered in the seventeenth century and concluded that it must have been written during the reign of Edward II (1307-27)
, probably 1321. V. M. Clarke says the book "was written in 1322 in order to expound and define the parliamentary theory and practice upheld by moderate men of that time". That view on the date is also supported by Weber. References within the Modus suggest that the writer had experience of parliament, as well as an understanding of the royal administration. V. H. Galbraith believed that someone who had such experience was the Yorkshireman, William Ayermin
(also Airmyn, or Ayreminne) (died 1336). Ayermin held a number of offices in the church
and royal administration, including being Keeper of the Rolls of Chancery from 1316–24 and almost certainly also clerk of the parliament
.
. Parliament had developed by the early 14th century to the point where it could promote the transmission of the crown's policies and intentions in a positive manner outwards from the centre, and representation was the best method of doing this; notably, the Commons were more representative than magnate
s or prelate
s, who only represented themselves. Increasingly, the agreement of the Commons was necessary for the levy of all taxes: peers could give such consent personally, whereas the Commons were proxies for the bulk of the population. During the reign of Richard II
, prominent members of the House of Lancaster
wished to play up the importance of the Commons, compared to that of the Lords, prelates and magnates, and to legitimate processes in the Commons to depose a king who had lost the support of the people. The Modus was helpful to them in its emphasis on the representative power of the Commons: "We must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater voice in Parliament to grant, than the greatest Earl in England". Maddicott offers a concise summary of the document's significance: "About the precise functions and powers of the commons the author of the Modus was, so far as we can see, often wrong. But about their general weight and position he was not so far out ... It is not hard to envisage the sort of body which it had in mind playing its part in the deposition of a king".
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
. Part of its significance lies in its very title: 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 now "seen as both institutionally well defined and a proper subject for description and conscious reflection". However, it also includes elements of fantasy, both in relation to the way it sets out the history of parliaments, and its aspirations for the roles of different groups in parliament.
Provenance
An ancient document which has exercised much debate over its antiquity and authorship, the Modus is no longer seen as a later forgery, despite the doubts of earlier antiquariesAntiquarian
An antiquarian or antiquary is an aficionado or student of antiquities or things of the past. More specifically, the term is used for those who study history with particular attention to ancient objects of art or science, archaeological and historic sites, or historic archives and manuscripts...
, such as Selden and Prynne. Thomas Duffus Hardy (1804–78) was a prominent historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
and archivist
Archivist
An archivist is a professional who assesses, collects, organizes, preserves, maintains control over, and provides access to information determined to have long-term value. The information maintained by an archivist can be any form of media...
, whose final position was senior assistant keeper of 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...
. He edited the most complete version of the volume in 1846, and believed it was probably written around the time of Edward I's Model Parliament
Model Parliament
The Model Parliament is the term, attributed to Frederic William Maitland, used for the 1295 Parliament of England of King Edward I. This assembly included members of the clergy and the aristocracy, as well as representatives from the various counties and boroughs. Each county returned two knights,...
in 1295. Writing in 1934, William A Morris reviewed the conflicting views on the date of the Modus that were first offered in the seventeenth century and concluded that it must have been written during the reign of Edward II (1307-27)
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...
, probably 1321. V. M. Clarke says the book "was written in 1322 in order to expound and define the parliamentary theory and practice upheld by moderate men of that time". That view on the date is also supported by Weber. References within the Modus suggest that the writer had experience of parliament, as well as an understanding of the royal administration. V. H. Galbraith believed that someone who had such experience was the Yorkshireman, William Ayermin
William Ayermin
William Ayermin was a medieval Bishop of Norwich.Ayermin was a canon of St. Paul's, Lincoln and Hereford when he was named Lord Privy Seal about 26 May 1324...
(also Airmyn, or Ayreminne) (died 1336). Ayermin held a number of offices in the church
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
and royal administration, including being Keeper of the Rolls of Chancery from 1316–24 and almost certainly also clerk of the parliament
Clerk of the Parliaments
The Clerk of the Parliaments is the chief clerk of the House of Lords in the Parliament of the United Kingdom. The position has existed since at least 1315, and duties include preparing the minutes of Lords proceedings, advising on proper parliamentary procedure and pronouncing the Royal Assent...
.
Significance
The significance of the Modus lies in its descriptions of the procedures and organisation of Parliament and the growing importance of the CommonsHouse of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
. Parliament had developed by the early 14th century to the point where it could promote the transmission of the crown's policies and intentions in a positive manner outwards from the centre, and representation was the best method of doing this; notably, the Commons were more representative than magnate
Magnate
Magnate, from the Late Latin magnas, a great man, itself from Latin magnus 'great', designates a noble or other man in a high social position, by birth, wealth or other qualities...
s or prelate
Prelate
A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...
s, who only represented themselves. Increasingly, the agreement of the Commons was necessary for the levy of all taxes: peers could give such consent personally, whereas the Commons were proxies for the bulk of the population. During the reign of Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
, prominent members of the House of Lancaster
House of Lancaster
The House of Lancaster was a branch of the royal House of Plantagenet. It was one of the opposing factions involved in the Wars of the Roses, an intermittent civil war which affected England and Wales during the 15th century...
wished to play up the importance of the Commons, compared to that of the Lords, prelates and magnates, and to legitimate processes in the Commons to depose a king who had lost the support of the people. The Modus was helpful to them in its emphasis on the representative power of the Commons: "We must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater voice in Parliament to grant, than the greatest Earl in England". Maddicott offers a concise summary of the document's significance: "About the precise functions and powers of the commons the author of the Modus was, so far as we can see, often wrong. But about their general weight and position he was not so far out ... It is not hard to envisage the sort of body which it had in mind playing its part in the deposition of a king".
See also
- House of Commons of EnglandHouse of Commons of EnglandThe House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
- Constitution of the United KingdomConstitution of the United KingdomThe constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
- House of PlantagenetHouse of PlantagenetThe House of Plantagenet , a branch of the Angevins, was a royal house founded by Geoffrey V of Anjou, father of Henry II of England. Plantagenet kings first ruled the Kingdom of England in the 12th century. Their paternal ancestors originated in the French province of Gâtinais and gained the...