Provisions of Westminster
Encyclopedia
The Provisions of Westminster of 1259 were part of a series of legislative constitutional reforms which arose out of power struggles between Henry III of England
and his barons. The King's failed campaigns in France (in 1230 and 1242), and his choice of friends and advisers, together with the cost of his failed scheme to make one of his younger sons King of Sicily
and help the Pope
against the Holy Roman Emperor
, led to further disputes with the barons and united opposition in Church and State. Henry's position was not helped by the fact that his lifestyle was extravagant and his tax demands were widely resented. The King's accounts show a list of many charitable donations and payments for building works (including the rebuilding of Westminster Abbey
which began in 1245).
The Provisions themselves were an enlarged scheme of governmental reform drawn up by the committee of 24 barons who had been originally appointed under the Provisions of Oxford
(which the Provisions of Westminster superseded). The new document largely reinforced many of the provisions of the earlier Provisions of Oxford, but also provided for additional inheritance and taxation reforms (including the first statutory provisions relating to Mortmain
).
As a whole the Provisions consisted of a miscellaneous group of administrative and legal measures demanded by the baronial reformers and their allies during the crisis of 1258–1265. The Provisions were also the first English legislation to deliberately alter existing procedures in the King's courts. The measures were also important for expanding the reform movement from the issue of baronial-royal relations to a redefinition of the barons' relations with their tenants and their mutual rights and responsibilities toward one another as enforced in the lords' own courts. In addition, the Provisions of Westminster included proposals for improving the functioning of the royal courts, chiefly new remedies in the civil sphere but also some changes in criminal justice.
Subsequent divisions among the barons themselves enabled Henry to repudiate the Provisions – helped by a papal bull
– in 1261. A period of strife begun in 1263, known as the Second Barons' War
, ended in a victory for the King in 1267, although the main turning point occurred in 1265 at the Battle of Evesham
, where the baron's leader, Simon de Montfort
was killed. The clauses of the provisions which limited monarchical authority were then annulled, but the legal clauses of the Provisions of Westminster were reaffirmed in the Statute of Marlborough
(1267).
The Provisions of Westminster have been described by one leading authority as the most important English legislation since the 1225 reissue of Magna Carta
.
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
and his barons. The King's failed campaigns in France (in 1230 and 1242), and his choice of friends and advisers, together with the cost of his failed scheme to make one of his younger sons King of Sicily
Sicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
and help the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
against the Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
, led to further disputes with the barons and united opposition in Church and State. Henry's position was not helped by the fact that his lifestyle was extravagant and his tax demands were widely resented. The King's accounts show a list of many charitable donations and payments for building works (including the rebuilding of Westminster Abbey
Westminster Abbey
The Collegiate Church of St Peter at Westminster, popularly known as Westminster Abbey, is a large, mainly Gothic church, in the City of Westminster, London, United Kingdom, located just to the west of the Palace of Westminster. It is the traditional place of coronation and burial site for English,...
which began in 1245).
The Provisions themselves were an enlarged scheme of governmental reform drawn up by the committee of 24 barons who had been originally appointed under the Provisions of Oxford
Provisions of Oxford
The Provisions of Oxford are often regarded as England's first written constitution ....
(which the Provisions of Westminster superseded). The new document largely reinforced many of the provisions of the earlier Provisions of Oxford, but also provided for additional inheritance and taxation reforms (including the first statutory provisions relating to Mortmain
Mortmain
Mortmain is a legal term that means ownership of real estate by a corporation or legal institution that can be transferred or sold in perpetuity; the term is usually used in the context of its prohibition...
).
As a whole the Provisions consisted of a miscellaneous group of administrative and legal measures demanded by the baronial reformers and their allies during the crisis of 1258–1265. The Provisions were also the first English legislation to deliberately alter existing procedures in the King's courts. The measures were also important for expanding the reform movement from the issue of baronial-royal relations to a redefinition of the barons' relations with their tenants and their mutual rights and responsibilities toward one another as enforced in the lords' own courts. In addition, the Provisions of Westminster included proposals for improving the functioning of the royal courts, chiefly new remedies in the civil sphere but also some changes in criminal justice.
Subsequent divisions among the barons themselves enabled Henry to repudiate the Provisions – helped by a papal bull
Papal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
– in 1261. A period of strife begun in 1263, known as the Second Barons' War
Second Barons' War
The Second Barons' War was a civil war in England between the forces of a number of barons led by Simon de Montfort, against the Royalist forces led by Prince Edward , in the name of Henry III.-Causes:...
, ended in a victory for the King in 1267, although the main turning point occurred in 1265 at the Battle of Evesham
Battle of Evesham
The Battle of Evesham was one of the two main battles of 13th century England's Second Barons' War. It marked the defeat of Simon de Montfort, Earl of Leicester, and the rebellious barons by Prince Edward – later King Edward I – who led the forces of his father, King Henry III...
, where the baron's leader, Simon de Montfort
Simon de Montfort, 6th Earl of Leicester
Simon de Montfort, 6th Earl of Leicester, 1st Earl of Chester , sometimes referred to as Simon V de Montfort to distinguish him from other Simon de Montforts, was an Anglo-Norman nobleman. He led the barons' rebellion against King Henry III of England during the Second Barons' War of 1263-4, and...
was killed. The clauses of the provisions which limited monarchical authority were then annulled, but the legal clauses of the Provisions of Westminster were reaffirmed in the Statute of Marlborough
Statute of Marlborough
The Statute of Marlborough was a set of laws passed by King Henry III of England in 1267. There were twenty-nine chapters, of which four are still in force...
(1267).
The Provisions of Westminster have been described by one leading authority as the most important English legislation since the 1225 reissue of Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
.
External links
- England Calling | The Provisions of Oxford (1258) and Westminster (1259) | (much of) these texts translated into modern English