Memorabilia; Or Recollections, Historical, Biographical, and AntiquarianSavage, James
History
Memorabilia; Or Recollections, Historical, Biographical, and Antiquarian
Savage, James
History -- Miscellanea; Savage, James, 1767-1845
It might be supposed indeed, that when men so remarkable for diligence
and learning, as Prynne and Petyt, (who were both keepers of the records
in the Tower, among which are most of the Rolls of Parliament, and all
the Claus Rolls) took opposite sides of the controversy, about the time
when the Commons first formed a part of the legislature, whatever could
have made for or against either side of the question would have been
produced. And yet with all their opportunities and their eagerness for
research, those who have attentively looked through the Rolls of
Parliament, will find amongst them much matter of importance respecting
the questions those writers discussed at different periods, to which
neither of them referred, either in support of his own, or in
contradiction to his opponent’s argument. Rymer was equally zealous in
supporting the side he took, in the beginning of the last century. Any
thing therefore having been brought to light by the publication of the
Rolls of Parliament, which appears to have escaped the industry and
research of such men, is a strong proof of the utility of printing those
valuable documents.
As early as the 46th of Edward the third, a statute was made, ordaining
that all persons should be entitled to search for, and have
exemplifications of records, as well such as proved contrary to the
interest of the king, as such as were favourable to it.
Great and eminent men, however, not more distinguished by their high
stations, than for their talents and research, stated opinions, some on
points of magnitude, in the pursuit of mere legal investigations,
different from those which are probably entertained by such as have
carefully perused the Parliamentary Records, which were printed during
the reign of his late Majesty.
In corroboration of this assertion, it may be sufficient to mention two
opinions of Lord Coke’s.
The first that the Lords and Commons sat together late in the reign of
king Edward the third[37] and until the Commons had a perpetual Speaker.
The direct contrary of this opinion it is thought is evident from the
Rolls of Parliament. It does not appear from any Records that the two
Houses ever sat for deliberation in the same assembly, from the time the
Commons were regularly summoned in their representative capacity to
Parliament.
Public-domain text, read in full here on John Shaqi.
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