Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-2xdlg Total loading time: 0 Render date: 2024-07-01T03:12:07.054Z Has data issue: false hasContentIssue false

50 - Lex Terrae Victrix: the Triumph of Parliamentary Law in the Sixteenth Century

Published online by Cambridge University Press:  03 February 2010

G. R. Elton
Affiliation:
University of Cambridge
Get access

Summary

Even before the sixteenth century, the king's high court of Parliament had become England's legislative instrument: that part of the king's government which defined the law of the land by making and repealing statutes that constituted the ultimate definition of the common law. The fact that law developed and changed much more commonly in the course of litigation or discussion among judges and counsel is here irrelevant. The pronouncements of Parliament may have been rare by comparison and may often have summed up innovations carried forward in the courts, but when it set its seal upon some item of the law it established a certainty far more definite than the precedents created by judgements. In the course of the sixteenth century, that certainty and control over the law grew noticeably more positive, as printing fixed the text of statutes and compelled all concerned to respect their precise wording. All this has been set out before, but one important issue deserves further attention. Parliament might hold ultimate authority over the common law, but its universal authority over the realm for that very reason depended on the exclusive authority of the common law within that realm. At the beginning of the century that authority was still limited by the independent force of rival legal systems, ranging from local customs to the canon law of the Universal Church, with all of which systems the common law had before this engaged in battles without ever winning an outright victory.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1992

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×