The doctrine of capacities is a concept in political theory of medieval England which asserts a distinction between the person of the King and the institution of the Crown.[1] The roots of this political theory can be traced back to the years shortly after the Norman Conquest. Here the distinction was made between the ecclesiastics in their temporal and spiritual capacities. When William the Conqueror brought a case against his brother Odo of Bayeux, Odo defended himself by claiming that as a bishop he could not be prosecuted by lay authorities. William replied that he was not being prosecuted in his capacity as bishop, but in his temporal capacity as Earl of Kent.[2][3] In the reign of Edward I, the principle was applied to the chancellor, to distinguish between his official capacities.[4] Even more significantly, Edward I himself tied the doctrine to the institution of the monarchy, when he tried to revoke a grant he had made as prince after he became king, claiming that he was to be considered a different person then.[5]
In April 1308, in a document presented in parliament, certain barons used the doctrine of capacities to justify opposition against King Edward II. The specific case revolved around King Edward's favouritePiers Gaveston, whom the opposition wanted exiled. This Declaration of 1308 argued that it was the subjects' duty to protect the dignity of the Crown, even if that meant opposition to the King – an act that would normally signify treason.[6] In 1321, however, the opposition against Edward II took the opposite position when they accused Hugh Despenser the Younger of his participation in the Declaration of 1308.[3] By this accusation the doctrine was largely discredited, and rarely used again in the medieval period.[7]
Valente, Claire (2003). The Theory and Practice of Revolt in Medieval England. Ashgate: Aldershot. ISBN0-7546-0901-4.
Further readingedit
Haines, Roy Martin (2003). King Edward II: Edward of Caernarfon, His Life, His Reign, and Its Aftermath, 1284–1330. Montreal, London: McGill-Queens University Press. pp. 59–60. ISBN978-0-7735-2432-3.
Kantorowicz, Ernst (1957). The King's Two Bodies: A Study in mediaeval Political Theology. Princeton: Princeton University Press. pp. 362–8.
Tuck, Anthony (1985). Crown and Nobility 1272-1461: Political Conflict in Late Medieval England. London: Fontana. pp. 39–40. ISBN0-00-686084-2.
January 01, 1970
doctrine, capacities, doctrine, capacities, concept, political, theory, medieval, england, which, asserts, distinction, between, person, king, institution, crown, roots, this, political, theory, traced, back, years, shortly, after, norman, conquest, here, dist. The doctrine of capacities is a concept in political theory of medieval England which asserts a distinction between the person of the King and the institution of the Crown 1 The roots of this political theory can be traced back to the years shortly after the Norman Conquest Here the distinction was made between the ecclesiastics in their temporal and spiritual capacities When William the Conqueror brought a case against his brother Odo of Bayeux Odo defended himself by claiming that as a bishop he could not be prosecuted by lay authorities William replied that he was not being prosecuted in his capacity as bishop but in his temporal capacity as Earl of Kent 2 3 In the reign of Edward I the principle was applied to the chancellor to distinguish between his official capacities 4 Even more significantly Edward I himself tied the doctrine to the institution of the monarchy when he tried to revoke a grant he had made as prince after he became king claiming that he was to be considered a different person then 5 In April 1308 in a document presented in parliament certain barons used the doctrine of capacities to justify opposition against King Edward II The specific case revolved around King Edward s favourite Piers Gaveston whom the opposition wanted exiled This Declaration of 1308 argued that it was the subjects duty to protect the dignity of the Crown even if that meant opposition to the King an act that would normally signify treason 6 In 1321 however the opposition against Edward II took the opposite position when they accused Hugh Despenser the Younger of his participation in the Declaration of 1308 3 By this accusation the doctrine was largely discredited and rarely used again in the medieval period 7 See also editRight of revolution Royal prerogative Ordinances of 1311References edit Valente 2003 p 30 Maitland amp Pollock 1996 pp 523 4 a b Davies 1967 p 22 Davies 1967 p 23 Chrimes 1936 p 34 Maddicot 1970 pp 73 4 Maitland amp Pollock 1996 p 35Sources editChrimes S B 1936 English Constitutional Ideas in the Fifteenth Century Cambridge Cambridge University Press Davies James Conway 1967 1918 The Baronial Opposition to Edward II Its Character and Policy a Study in Administrative History London Cass Maddicot J R 1970 Thomas of Lancaster 1307 1322 Oxford Oxford University Press ISBN 0 19 821837 0 OCLC 132766 Maitland Frederic William Pollock Frederick 1996 1898 The History of English Law Before the Time of Edward I Cambridge Cambridge University Press ISBN 1 886363 22 6 Valente Claire 2003 The Theory and Practice of Revolt in Medieval England Ashgate Aldershot ISBN 0 7546 0901 4 Further reading editHaines Roy Martin 2003 King Edward II Edward of Caernarfon His Life His Reign and Its Aftermath 1284 1330 Montreal London McGill Queens University Press pp 59 60 ISBN 978 0 7735 2432 3 Kantorowicz Ernst 1957 The King s Two Bodies A Study in mediaeval Political Theology Princeton Princeton University Press pp 362 8 Keen Maurice 1973 England in the Late Middle Ages London Mathuen p 70 ISBN 0 416 75990 4 Tuck Anthony 1985 Crown and Nobility 1272 1461 Political Conflict in Late Medieval England London Fontana pp 39 40 ISBN 0 00 686084 2 Retrieved from https en wikipedia org w index php title Doctrine of capacities amp oldid 1160158573, wikipedia, wiki, book, books, library,
