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 The Tudor period occurred between 1485 and 1603 in History of England, England and Wales and includes the Elizabethan period during the reign of Elizabeth I until 1603. The Tudor period coincides with the dynasty of the House of Tudor in Englan ...
.


Early life

Plowden was born at Plowden Hall, Lydbury North, 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 , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...
, he did not take a degree, and proceeded to the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...
in 1538 to study law. Subsequent to studies at
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, 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 Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
). In 1553, he was elected Member of Parliament for Wallingford (then in
Berkshire Berkshire ( ; in the 17th century sometimes spelt phonetically as Barkeshire; abbreviated Berks.) is a historic county in South East England. One of the home counties, Berkshire was recognised by Queen Elizabeth II as the Royal County of Berk ...
now in
Oxfordshire Oxfordshire is a ceremonial and non-metropolitan county in the north west of South East England. It is a mainly rural county, with its largest settlement being the city of Oxford. The county is a centre of research and development, primarily ...
), followed, in the next two years, by the same office for both
Reading, Berkshire Reading ( ) is a town and borough in Berkshire, Southeast England, southeast England. Located in the Thames Valley at the confluence of the rivers River Thames, Thames and River Kennet, Kennet, the Great Western Main Line railway and the M4 mot ...
and then Wootton Bassett, Wiltshire. He lived mostly at Shiplake Court in Oxfordshire and
Wokefield Park Wokefield Park is an 18th-century country house, situated in the parish of Wokefield, near Mortimer, in the English county of Berkshire. It is currently run as an events venue. History Wokefield park was first mentioned in 1319 as a deer 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 The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
prevented Plowden from further promotion under
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". El ...
, and he received increasing suspicion from members of the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
. At the beginning of the reign he undertook the management of the Shropshire lands of Sir Francis Englefield, an important Catholic courtier under Mary who went into exile. In 1567 he, with
Edward Saunders Edward Saunders may refer to: *Edward W. Saunders (1860–1921), Virginian politician *Edward Saunders (judge) (died 1576), British judge *Edward Saunders (entomologist) (1848–1910), British entomologist *Edward Saunders (MP) for Coventry (UK Par ...
, became joint guardian of Englefield's nephew and heir, Francis, through influence with the Earl of Pembroke.''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 Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
ship. 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 The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (''cathedra'') is at Winchester Cathedral in Hampshire. The Bishop of Winchester has always held ''ex officio'' (except dur ...
. In 1565 he defended
Edmund Bonner Edmund Bonner (also Boner; c. 15005 September 1569) was Bishop of London from 1539 to 1549 and again from 1553 to 1559. Initially an instrumental figure in the schism of Henry VIII from Rome, he was antagonised by the Protestant reforms intro ...
, with William Lovelace and Christopher Wray.


Death

Plowden died on 6 February 1585 in London and was buried in the
Temple Church The Temple Church is a Royal peculiar church in the City of London located between Fleet Street and the River Thames, built by the Knights Templar as their English headquarters. It was consecrated on 10 February 1185 by Patriarch Heraclius of J ...
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 A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...
of a 1609 play by
Ben Jonson Benjamin "Ben" Jonson (c. 11 June 1572 – c. 16 August 1637) was an English playwright and poet. Jonson's artistry exerted a lasting influence upon English poetry and stage comedy. He popularised the comedy of humours; he is best known for t ...
. 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. The ''Commentaries'' were abridged by Thomas Ashe (around 1597), and indexed by William Fleetwood. They contained a report by Plowden on the legal status of the
Duchy of Lancaster The Duchy of Lancaster is the private estate of the Monarchy of the United Kingdom, British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of ...
in relation to
The Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, and its settlement by
Henry IV of England Henry IV ( April 1367 – 20 March 1413), also known as Henry Bolingbroke, was King of England from 1399 to 1413. He asserted the claim of his grandfather King Edward III, a maternal grandson of Philip IV of France, to the Kingdom of F ...
. Plowden and Anthony Browne had, two decades earlier, formulated the theory of the King's Two Bodies to explain political arrangements;
Ernst Kantorowicz Ernst Hartwig Kantorowicz (May 3, 1895 – September 9, 1963) was a German historian of medieval political and intellectual history and art, known for his 1927 book '' Kaiser Friedrich der Zweite'' on Holy Roman Emperor Frederick II, and ''The Kin ...
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 Mary, Queen of Scots (8 December 1542 – 8 February 1587), also known as Mary Stuart or Mary I of Scotland, was Queen of Scotland from 14 December 1542 until her forced abdication in 1567. The only surviving legitimate child of James V of Scot ...
, was not debarred from the English throne under
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
's will.


Family

Plowden married Catherine Sheldon of
Beoley Beoley is a small village and larger civil parish north of Redditch in the Bromsgrove District of Worcestershire. It adjoins Warwickshire to the east. The 2001 census gave a parish population of 945, mostly at Holt End. The parish includes the ...
, 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