Where it is considered that the king was the sole legislative
power, and that he exercised this power, to a great extent, by
orders in council, and by writs and "letters" addressed
oftentimes to some sheriff, or other person, and that his
commands, when communicated to his justices, or any
other person, "by letters," or writs, under seal, had as much
legal authority as laws promulgated in any other form
whatever, it will be seen that this oath of the justices
absolutely required that they disregard any legislation that
was contrary to "common right," or "the common law,"
and notify the king that it was contrary to common right,
or the common law, and then proceed to execute the
common law, notwithstanding such legislation. [29]
If there could be any doubt that such was the meaning
of this oath, that doubt would be removed by a statute
passed by the king two years afterwards, which fully
explains this oath, as follows:
"Edward, by the Grace of God, ect., to the Sheriff of
Stafford, greeting: Because that by divers complaints
made to us, we have perceived that the Law of the Land,
which we by our oath are bound to maintain, is the less
well kept, and the execution of the same disturbed many
times by maintenance and procurement, as well in the
court as in the country; we greatly moved of conscience
in this matter, and for this cause desiring as much for
the pleasure of God, and ease and quietness of our
subjects, as to save our conscience, and for to save
and keep our said oath, by the assent of the great men
and other wise men of our council, we have ordained
these things following:
Public-domain text, read in full here on John Shaqi.
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