This made all propertied men anxious and they united
behind Bolingbroke in taking up arms against Richard. Richard was
not a warrior king and offered to resign the crown. The "Merciless
Parliament" of 1388 swept out Richard's friends. Parliament
deposed and imprisoned Richard. It revoked the extensions to the
definition of high treason. It elected Bolingbroke, who claimed to
be a descendant of Henry III, to be King Henry IV. This action
established clearly that royal decrees were subordinate to
parliamentary statutes, that Parliament was the ultimate legal
arbiter of the realm, and that the consent of Parliament was
necessary in determining kingship. The House of Commons became
very powerful. It was responsible for the major part of
legislation. It's members began to assert the privilege of free
speech. That is, they wanted to discuss other matters than what
was on the king's agenda and they opposed punishment for what they
said unless it was treasonable. Henry IV agreed to their request
not to consider reports of proceedings unless they came to him
through official channels.
- The Law -
After the Black Death of 1348 these statutes were enacted:
High treason was defined by statute in 1352 as levying war against
the King, aiding the King's enemies, compassing or imagining the
death of the King, Queen, or their eldest son and heir, or
violating the Queen or the eldest unmarried daughter or the wife
of the King's eldest son and heir; making or knowingly using
counterfeits of the King's great or privy seal or coinage; or
slaying the Chancellor, Treasurer, or any justice in the exercise
of their duty.
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