Edmund Plowden
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Sir Edmund Plowden (1519/20 – 6 February 1585) was a distinguished English lawyer, legal scholar and theorist during the late Tudor period.


Early life

Plowden was born at Plowden Hall,
Lydbury North Lydbury North is a village and a geographically large civil parish in south Shropshire, England. The population of the parish at the 2011 census was 695. The parish is locally called Lydbury, and there is no settlement called Lydbury South. It ...
, Shropshire. He was the son of Humphrey Plowden (1490–1557), by his wife, Elizabeth Sturry (died 1559), widow of William Wollascot, and daughter of John Sturry, Esq., of Rossall, Shropshire. Educated at the University of Cambridge, he did not take a degree, and proceeded to the Middle Temple in 1538 to study law. Subsequent to studies at Oxford, he qualified as a surgeon and physician in 1552. Upon the accession of the Catholic Queen Mary, Plowden was appointed one of the Council of the Marches (of Wales). In 1553, he was elected Member of Parliament for Wallingford (then in Berkshire now in Oxfordshire), followed, in the next two years, by the same office for both Reading, Berkshire and then Wootton Bassett, Wiltshire. He lived mostly at Shiplake Court in Oxfordshire and Wokefield Park in Berkshire. The unusual breadth of his religious views were shown early in his career when he, however, withdrew from the House, on 12 January 1555, because he disapproved of the proceedings there.


Recusant under Elizabeth

His Roman Catholicism prevented Plowden from further promotion under Queen Elizabeth I, and he received increasing suspicion from members of the Privy Council. At the beginning of the reign he undertook the management of the Shropshire lands of
Sir Francis Englefield Sir Francis Englefield (c. 1522 – 1596) was an English courtier and Roman Catholic exile. Family Francis Englefield, born about 1522, was the eldest son of Thomas Englefield (1488–1537) of Englefield, Berkshire, Justice of the Common Pl ...
, an important Catholic courtier under Mary who went into exile. In 1567 he, with Edward Saunders, became joint guardian of Englefield's nephew and heir, Francis, through influence with the
Earl of Pembroke Earl of Pembroke is a title in the Peerage of England that was first created in the 12th century by King Stephen of England. The title, which is associated with Pembroke, Pembrokeshire in West Wales, has been recreated ten times from its origin ...
.''Plowden, Edmund (1519/20-85), of the Middle Temple, London; Plowden, Salop; Shiplake, Oxon. and Burghfield, Berks.''
/ref> At one time, it is said, the queen wished to elevate Plowden to the Lord Chancellorship. Plowden declined, deprecating religious persecution. The occasion, according to the ''History of Parliament'', could only have been the vacancy of 1578. Plowden continued in the Queen's employ in his capacity as a lawyer. He sought to assist those of his faith, including his defence of Robert Horne, Bishop of Winchester. In 1565 he defended Edmund Bonner, with William Lovelace and Christopher Wray.


Death

Plowden died on 6 February 1585 in London and was buried in the Temple Church in London, where survives his monument and recumbent effigy.


"The case is altered"

"The case is altered" was a proverbial expression in the 17th century, as well as the title of a 1609 play by Ben Jonson. As "the case is alter'd, quoth Plowden", it is attached to anecdotes. In one of them, while defending a gentleman charged with hearing Mass, Plowden worked out that the service had been performed by a layman for the sole purpose of informing against those present, and exclaimed, "The case is altered; no priest, no Mass", and thus secured an acquittal.


Works

Plowden is noted today for his legal scholarship and theory, in his written works: *''Les comentaries ou les reportes de Edmunde Plowden'' (1571) in
law French Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...
. The ''Commentaries'' were abridged by
Thomas Ashe Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...
(around 1597), and indexed by
William Fleetwood William Fleetwood (1 January 16564 August 1723) was an English preacher, Bishop of St Asaph and Bishop of Ely, remembered by economists and statisticians for constructing a price index in his ''Chronicon Preciosum'' of 1707. Life Fleetwood w ...
. They contained a report by Plowden on the legal status of the Duchy of Lancaster in relation to The Crown, and its settlement by Henry IV of England. Plowden and Anthony Browne had, two decades earlier, formulated the theory of the King's Two Bodies to explain political arrangements; Ernst Kantorowicz has argued that this doctrine came to the fore in the 1560s, in debates over the status of the Duchy. *''Quares del Monsieur Plowden''. ''A Treatise on Succession'' attempted to prove that Mary, Queen of Scots, was not debarred from the English throne under Henry VIII's will.


Family

Plowden married Catherine Sheldon of Beoley, daughter of the Worcestershire Member of Parliament William Sheldon; they had three sons and two daughters (Anne and Mary). Anne was the wife of Francis Perkins of Ufton, Berkshire, and Mary was the wife of Richard White of Hutton, Essex. Mary was also the mother of Thomas White. Plowden's sister Margaret inherited the Rossall estates and married Richard Sandford of Eglington. Plowden helped John Cole, husband of Alice Sandford, daughter of Richard, to gain the seat of in 1584.historyofparliamentonline.org, ''Cole, John (d.1611), of Cole Hall, Shrewsbury, Salop.''
/ref>


References


External links

* *
Plowden's Commentaries
{{DEFAULTSORT:Plowden, Edmund 1518 births 1585 deaths British legal scholars Lawyers from Shropshire English legal writers Recusants English Roman Catholics English legal professionals People from Wallingford, Oxfordshire People from Shiplake People from West Berkshire District Serjeants-at-law (England) Burials at the Temple Church English MPs 1553 (Mary I) English MPs 1554–1555 English MPs 1555 16th-century Roman Catholics 16th-century English lawyers Politicians from Shropshire