Edmund Plowden (1519/20 – 6 February 1585) was an English lawyer, legal scholar and theorist during the late
Tudor period
In England and Wales, the Tudor period occurred between 1485 and 1603, including the Elizabethan era during the reign of Elizabeth I (1558–1603). The Tudor period coincides with the dynasty of the House of Tudor in England, which began with ...
.
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
The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
, 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 entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1538 to study law. Subsequent to studies at
Oxford
Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town.
The city is home to the University of Oxford, the List of oldest universities in continuou ...
, 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 ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
). In 1553, he was elected Member of Parliament for Wallingford (then in
Berkshire
Berkshire ( ; abbreviated ), officially the Royal County of Berkshire, is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Oxfordshire to the north, Buckinghamshire to the north-east, Greater London ...
now in
Oxfordshire
Oxfordshire ( ; abbreviated ''Oxon'') is a ceremonial county in South East England. The county is bordered by Northamptonshire and Warwickshire to the north, Buckinghamshire to the east, Berkshire to the south, and Wiltshire and Glouceste ...
), followed, in the next two years, by the same office for both
Reading, Berkshire
Reading ( ) is a town and borough in Berkshire, England, and the county town of Berkshire. It is the United Kingdom's largest town, with a combined population of 355,596. Most of Reading built-up area, its built-up area lies within the Borough ...
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
The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
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. She was the last and longest reigning monarch of the House of Tudor. Her eventful reign, and its effect on history ...
, 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, 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 Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
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'' the offic ...
Plowden died on 6 February 1585 in London and was buried in the
Temple Church
The Temple Church, a royal peculiar in the Church of England, is a church in the Inner Temple, Inner and Middle Temple, Middle Temple, London, Temples located between Fleet Street and the River Thames, built by the Knights Templar for their En ...
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 their generation, official position, military rank, professional or academic qualification, or nobility. In some languages, titles may be ins ...
of a 1609 play by
Ben Jonson
Benjamin Jonson ( 11 June 1572 – ) was an English playwright, poet and actor. Jonson's artistry exerted a lasting influence on English poetry and stage comedy. He popularised the comedy of humours; he is best known for the satire, satirical ...
. 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 () is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England from the 13th century. Its use continued for several centur ...
. The ''Commentaries'' were abridged by
Thomas Ashe
Thomas Patrick Ashe (; 12 January 1885 – 25 September 1917) was an Irish revolutionary and politician. He was a member of the Gaelic League, the Gaelic Athletic Association, the Irish Republican Brotherhood (IRB) and a founding member of th ...
(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 an estate of the British sovereign. The estate has its origins in the lands held by the medieval Dukes of Lancaster, which came under the direct control of the monarch when Henry Bolingbroke, the then duke of Lancast ...
in relation to
The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
, and its settlement by
Henry IV of England
Henry IV ( – 20 March 1413), also known as Henry Bolingbroke, was King of England from 1399 to 1413. Henry was the son of John of Gaunt, Duke of Lancaster (a son of King Edward III), and Blanche of Lancaster.
Henry was involved in the 1388 ...
. 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 K ...
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 List of Scottish monarchs, Queen of Scotland from 14 December 1542 until her forced abdication in 1567.
The only surviving legit ...
Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...
'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
Bishop's Castle
Bishop's Castle is a market town in the south west of Shropshire, England. According to the 2011 Census it had a population of 1,893.
Bishop's Castle is east of the Wales–England border, about north-west of Ludlow and about south-west of ...