Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
Under Edward III, the commons took a leading part in the
granting of taxes and the presentation of petitions and became a
permanent and distinct body, the House of Commons, with a spokesman or
"speaker", chosen by the Crown, and a clerk. The speaker came to be an
intermediary between the Commons and the king and between the Commons
and the Lords. A clerk of Parliament registered its acts and sat with
the Lords. A clerk of the Crown superintended the issue of writs and the
receipt of the returns and attested the signature of the king on
statutes. It became a regular practice for the Chancellor to open
Parliament with an opportunity to present petitions after his opening
speech. The king then referred them to certain peers and justices, who
decided to which court, or Parliament, they should be sent. During the
1300s, the number of barons going to Parliament gradually decreased.
At the 1376 Parliament, ("the Good Parliament") the Commons, which
formerly had only consented to taxes, took political action by
complaining that the King's councilors had grown rich by war
profiteering at the cost of impoverishing the nation and the people were
too poor to endure any more taxation for the war and held a hearing on
financial malfeasance and dishonesty of two ministers. The chamberlain
had extorted enormous sums, had intercepted fines meant for the king's
treasury, and had sold a castle to the enemy. The steward had bought
debts of the king's. The House of Lords, the High Court of Parliament,
found the charges proved and dismissed them permanently from office.
This established the constitutional means for impeachment and
prosecution by the Commons and removal by the House of Lords of
ministers. By this process, there could be no royal intimidation, as
there could be in the ordinary courts. The Commons demanded that its
members be elected by county citizens rather than appointed by the
sheriff.
The roles of Parliament and the King's council are starting to
differentiate into legislative and executive, respectively. The
legislative function is lawmaking, and the executive is
regulation-making that refines and effectuates the laws of Parliament.
But the legislative, executive, and judicial authorities have not as yet
become so completely separated that they cannot on occasion work
together.
Sheriffs dealt directly with the king instead of through an earl.
Public-domain text, read in full here on John Shaqi.
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