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
King Henry IV lost power to the Commons and the Lords because he needed
revenue from taxes and as a usurper King, he did not carry the natural
authority of a King. The Commons acquired the right to elect its own
speaker. The lords who helped the usurpation felt they should share the
natural power of the kingship. The council became the instrument of the
Lords. Also, the Commons gained power compared to the nobility because
many nobles had died in war. The consent of the Commons to legislation
became so usual that the justices declared that it was necessary. The
Commons began to see itself as representative of the entire commons of
the realm instead of just their own counties. Its members had the
freedom to consider and debate every matter of public interest, foreign
or domestic, except for church matters. The Commons, the poorest of the
three estates, established an exclusive right to originate all money
grants to the king in 1407. The Speaker of the Commons announced its
money grant to the king only on the last day of the parliamentary
session, after the answers to its petitions had been declared, and after
the Lords had agreed to the money grant. It tied its grants by rule
rather than just practice to certain appropriations. For instance,
tunnage and poundage were appropriated for naval defenses. Wool customs
went to the maintenance of Calais, a port on the continent, and defense
of the nation. It also put the petitions in statutory form, called
"bills", to be enacted after consideration and amendment by all without
alteration. Each house had a right to deliberate in privacy. In the
Commons, members spoke in the order in which they stood up bareheaded.
Any member of Parliament or either house or the king could initiate a
bill. Both houses had the power to amend or reject a bill. There were
conferences between select committees of both houses to settle their
differences. The Commons required the appointment of auditors to audit
the King's accounts to ensure past grants had been spent according to
their purpose. It forced the King's council appointees to be approved by
Parliament and to be paid salaries. About 1430, kings' councilors were
required to take an oath not to accept gifts of land, not to maintain
private suits, not to reveal secrets, and not to neglect the king's
business. A quorum was fixed and rules made for removal from the
council. For the next fifty years, the council was responsible both to
the king and to Parliament. This was the first encroachment on the
King's right to summon, prorogue, or dismiss a Parliament at his
pleasure, determine an agenda of Parliament, veto or amend its bills,
exercise his discretion as to which lords he summoned to Parliament, and
create new peers by letters patent [official public letters]. Parliament
was affected by the factionalism of the times. The speaker of the
commons was often an officer of some great lord. In 1426, the retainers
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account