The Provisions of Oxford were constitutional reforms developed during the Oxford Parliament of 1258 to resolve a dispute between King Henry III of England and his

barons Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...

. The reforms were designed to ensure the king adhered to the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...

and governed according to the advice of his barons. A council of fifteen barons was chosen to advise and control the king and supervise his ministers.

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

was to meet regularly three times a year. Like the earlier

Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by t ...

, the Provisions of Oxford demonstrated the ability of the barons to press their concerns in opposition to the

monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monar ...

. The king ultimately refused to abide by the reforms, sparking the

Second Barons' War The Second Barons' War (1264–1267) was a civil war in England between the forces of a number of barons led by Simon de Montfort against the royalist forces of King Henry III, led initially by the king himself and later by his son, the fu ...

. The king defeated his opponents, and royal authority was restored.

Background

When in the spring of 1258 Henry III sought financial aid from Parliament, he was confronted by a group of barons who insisted on a new commission of reform, in the shape of a committee of twenty-four members, twelve selected by the Crown, twelve by the barons. The king's nominees to the committee were: * Boniface Archbishop of Canterbury *

Fulk Basset Fulk Basset (died 4 May 1271) was archbishop of Dublin. He was the elder brother of John de Sandford, who was also Archbishop of Dublin from 1284 to 1290. He was called Fulk de Sandford and also Fulk Basset, owing to his relationship to the p ...

, Bishop of London * Aymer of Valence, Bishop elect of Winchester and the king's half-brother * the

abbot of Westminster The Abbot of Westminster was the head (abbot) of Westminster Abbey. List Notes ReferencesTudorplace.com.ar{Unreliable source?, certain=y, reason=self published website; and Jorge H. Castelli is not an expert, date=January 2015 * Westminste ...

* Henry of Almain, the king's nephew * John de Warenne, 6th Earl of Surrey * John du Plessis, 7th Earl of Warwick *

William of Valence {{Infobox noble, name=William de Valence, christening_date=, noble family=, house-type=, father= Hugh X of Lusignan, mother=Isabella of Angoulême, birth_name=, birth_date=, birth_place=, christening_place=, styles=, death_date=13 June 1296, death ...

, the king's half-brother * Guy of Lusignan, the king's half-brother * three clerks of the royal household. Five of the king's men were foreigners. Among the twelve chosen by the magnates, only one was a foreigner—

Simon de Montfort, 6th Earl of Leicester Simon de Montfort, 6th Earl of Leicester ( – 4 August 1265), later sometimes referred to as Simon V de Montfort to distinguish him from his namesake relatives, was a nobleman of French origin and a member of the English peerage, who led th ...

. The only clergymen chosen by the magnates was Waltere Cantilupe, Bishop of Worcester. The Twenty-four presented their reform programme at the Oxford Parliament held in June 1258.

Reforms

The provisions fit into three categories: (1) appointment and control of principal ministers, (2) the king's council, and (3) parliament. Concerning ministers, the office of

justiciar Justiciar is the English form of the medieval Latin term ''justiciarius'' or ''justitiarius'' ("man of justice", i.e. judge). During the Middle Ages in England, the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent ...

was revived. In the past, the justiciar had been the king's chief minister and

viceroy A viceroy () is an official who reigns over a polity in the name of and as the representative of the monarch of the territory. The term derives from the Latin prefix ''vice-'', meaning "in the place of" and the French word ''roy'', meaning " ...

whenever he was in Normandy. After the loss of the

Angevin Empire The Angevin Empire (; french: Empire Plantagenêt) describes the possessions of the House of Plantagenet during the 12th and 13th centuries, when they ruled over an area covering roughly half of France, all of England, and parts of Ireland and W ...

during the reign of King John, however, the office had fallen into disuse. The new justiciar would be an

ex officio member An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...

of the king's council and have authority over the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, including the right to hear appeals from all other courts, whether royal or

baronial Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...

. He was to hold office for one year and was responsible to the king's council for his conduct. According to historian George Sayles, " is was a most serious departure from previous practice, for it placed at the head of the judiciary a minister virtually independent of the king." Hugh Bigod, who was acceptable to both the king and the barons, was made justiciar. The

chancellor Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...

and

treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury ...

were also limited to one year in office, and like the justiciar were not to take direct orders from the king. Control of royal finance was given to the

exchequer In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenu ...

, so the king was unable to divert revenues for his own spending. Local offices, such as

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

and

escheator Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...

, were also to be under annual term limits. Sheriffs were to be chosen from among local

knight A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...

s rather than outsiders and paid so they would not need to take bribes. New

castellan A castellan is the title used in Medieval Europe for an appointed official, a governor of a castle and its surrounding territory referred to as the castellany. The title of ''governor'' is retained in the English prison system, as a remnant ...

s were to be appointed and given custody of royal castles. The king's council was also to be reformed to more effectively advise and control the king. The Twenty-four selected fifteen counsellors (nine representing the barons) who were to advise the king on all matters. The Fifteen were: #

Richard de Clare, 6th Earl of Gloucester Richard de Clare, 5th Earl of Hertford, 6th Earl of Gloucester, 2nd Lord of Glamorgan, 8th Lord of Clare (4 August 1222 – 14 July 1262) was the son of Gilbert de Clare, 4th Earl of Hertford and Isabel Marshal.History of Tewkesbury by James Be ...

Roger Bigod, 4th Earl of Norfolk Roger Bigod (c. 1209–1270) was 4th Earl of Norfolk and Marshal of England. Origins He was the eldest son and heir of Hugh Bigod, 3rd Earl of Norfolk (1182-1225) by his wife Maud, a daughter of William Marshal, 1st Earl of Pembroke (1147-1219) ...

# John du Plessis, 7th Earl of Warwick #

Humphrey de Bohun, 2nd Earl of Hereford {{Infobox noble , name = Humphrey de Bohun , title = Earl of Hereford Earl of Essex , image =Arms of the House of de Bohun.svg , caption =Arms of de Bohun: ''Azure, a bend argent cotised or betw ...

# William de Forz, 4th Earl of Albemarle # Peter of Savoy # John fitzGeoffrey #

Peter de Montfort Peter de Montfort (or Piers de Montfort) (c. 1205 – 4 August 1265) of Beaudesert Castle was an English magnate, soldier and diplomat. He is the first person recorded as having presided over Parliament as a ''parlour'' or ''prolocutor'', an offi ...

Richard Grey Sir Richard Grey (1457 – 25 June 1483) was an English knight and the half-brother of King Edward V of England. Early life Richard Grey was the younger son of Sir John Grey of Groby and Elizabeth Woodville. Richard was a 3-year-old child whe ...

# Roger Mortimer #

James Audley Sir James Audley (or Audeley) KG (c. 1318–1369) was one of the original knights, or founders, of the Order of the Garter. He was the eldest son of Sir James Audley of Stratton Audley in Oxfordshire. Biography When the order of the Garter ...

# Boniface of Savoy, Archbishop of Canterbury # Waltere Cantilupe, Bishop of Worcester # John Mansel Jindra3 pecet

While the Fifteen controlled the king's council, they were not the only members. The justiciar, treasurer and chancellor were always members, as were other ministers and judges. In addition, the king could still include other advisers. In fact, it was impossible for the Fifteen to constantly be on hand to advise the king. At routine council meetings, the Fifteen were represented by two or three of their number who would decide if any business was important enough to summon the full Fifteen. In addition, the chancellor was made to swear that he would not

seal Seal may refer to any of the following: Common uses * Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly: ** Earless seal, or "true seal" ** Fur seal * Seal (emblem), a device to imp ...

any important grant without the assent of a majority of the Fifteen. Parliament was also reformed. It was decided that "there be three parliaments a year ... to treat of the common wants of the kingdom, and of the king". Attending three regular parliaments each year would have been a burden for the barons. Therefore, the Twenty-four asked the parliament assembled at Oxford to choose twelve representatives who would attend the regular parliaments. This provision was not meant to limit attendance at parliament to only the twelve; rather, it guaranteed that there would be a minimum representative attendance. Recommendations for an inquest into local (mis-)government and further measures of reform were also set out.

Analysis

The 1258 Provisions had a significant effect upon the development of the English

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

, limiting in part the expansion of royal jurisdiction by way of the number of available

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

s, but in the main confirming the importance of the common law of the land for all, from king to commoner. There were weaknesses to this constitutional framework. Most significantly was the lack of any method to prevent future misconduct by the king or those following his orders. Historian

G. O. Sayles George Osborne Sayles (21 April 1901 – 28 February 1994) was an English historian best known for his work on the medieval English law courts and the early English Parliaments. Early life G. O. Sayles was raised and educated in Derbyshire. ...

notes, Neither the new role of the king nor the powers of the Fifteen was ever defined. Legal scholar Ann Lyon reflected that the provisions "have the feel, as with many of the first fumblings towards constitutional change which occur in the medieval period, and indeed much later, of being incompletely thought through."

Aftermath

A written confirmation of the agreement was sent to the

s of all the counties of England in three languages:

Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...

French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...

and, significantly,

Middle English Middle English (abbreviated to ME) is a form of the English language that was spoken after the Norman conquest of 1066, until the late 15th century. The English language underwent distinct variations and developments following the Old Englis ...

. The use of the English language was symbolic of the

anglicisation Anglicisation is the process by which a place or person becomes influenced by English culture or British culture, or a process of cultural and/or linguistic change in which something non-English becomes English. It can also refer to the influe ...

of the government of England and an

antidote An antidote is a substance that can counteract a form of poisoning. The term ultimately derives from the Greek term φάρμακον ἀντίδοτον ''(pharmakon) antidoton'', "(medicine) given as a remedy". Antidotes for anticoagulants are s ...

to the

Francization Francization (in American English, Canadian English, and Oxford English) or Francisation (in other British English), Frenchification, or Gallicization is the expansion of French language use—either through willful adoption or coercion—by more ...

which had taken place in the decades immediately before. The Provisions were the first government documents to be published in English since the

Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conq ...

two hundred years before.English and its Historical Development, Part 20 (English was re-established in Britain)
/ref> The Provisions of Oxford were confirmed and extended in 1259 by the

Provisions of Westminster The Provisions of Westminster of 1259 were part of a series of legislative constitutional reforms that 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 choic ...

.S. H. Steinberg, ''A New Dictionary of British History'' (London 1963) p.280 The reforms implemented by the Fifteen were not limited to changes in government. They also included control of the royal household. The barons determined not only the household's senior members, such as the stewards, but also the lower servants, such as cooks. A humiliated Henry was essentially treated as if he were a minor. The Provisions of Oxford were overthrown by Henry, helped by a papal bull, in 1261, seeding the start of the

(1263–1267). The king was defeated at the

Battle of Lewes The Battle of Lewes was one of two main battles of the conflict known as the Second Barons' War. It took place at Lewes in Sussex, on 14 May 1264. It marked the high point of the career of Simon de Montfort, 6th Earl of Leicester, and made h ...

in 1264, and Simon de Montfort became the real ruler of England for the next twelve months. However, Henry was still king, and the rebels never considered removing him. Instead, Montfort called a Parliament to sanction a new form of government to control the king. The Parliament held in June 1264 approved the appointment of three electors (Montfort, Stephen Bersted, Bishop of Chichester, and

Gilbert de Clare, 7th Earl of Gloucester Gilbert de Clare, 6th Earl of Hertford, 7th Earl of Gloucester (2 September 1243 – 7 December 1295) was a powerful English noble. He was also known as "Red" Gilbert de Clare or "The Red Earl", probably because of his hair colour or fiery temp ...

). These men were to choose a council of nine, by whose advice the king was to rule. The electors could replace any of the nine as they saw fit, but the electors themselves could only be removed by Parliament. Ultimately, the war was won by the king and his royalist supporters, and the Provisions of Oxford were annulled for the last time in 1266 by the Dictum of Kenilworth. Nonetheless, the administrative and legislative reforms the barons had initiated were taken up and confirmed in the

Statute of Marlborough The Statute of Marlborough (52 Hen 3) is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece ...

References

Bibliography

* * * * * * *

External links

*
The Provisions of Oxford (1258) and Westminster (1259)
, England Calling * Rothwell, H. 'English Historical Documents, 1189–1327' pages 356–61. Available on
Google Books.
{{Documents of the English Baronial Reform Movement, 1258–1267 1250s in law 1258 in England 13th-century documents Barons' Wars Constitutional laws of England Political charters Medieval English law Political history of medieval England Henry III of England