Europe -- Politics and government; Political science
The second point at which Parliament made decisive advance before the
close of the mediaeval period was in respect to powers of ordinary
legislation. Originally, Parliament was not conceived of as, in the
strict sense, a law-making body at all. The magnates who composed the
General Council had exercised the right to advise the crown in
legislative matters, and their successors in Parliament continued to
do the same, but the commoners who in the thirteenth century were (p. 015)
brought in were present, in theory, for fiscal rather than legislative
purposes. The distinction, however, was difficult to maintain, and
with the continued growth of the parliamentary body the legislative
character was recognized eventually to be inherent in the whole of it.
At the opening of the fourteenth century laws were made, technically,
_by_ the king with the _assent_ of the magnates at the _request_ of
the commoners. The knights and burgesses were recognized as
petitioners for laws, rather than as legislators. They could ask for
the enactment of a statute, or for a clearer definition of law, but it
was for the king and his councillors to determine finally whether
legislation was required and what form it should assume. Even when a
law which was requested was promised it not infrequently happened that
the intent of the Commons was thwarted, for the text of the measure
was not drawn up, normally, until after the parliament was dissolved,
both form and content were determined arbitrarily by the crown and
council, and between petition and statute there might be, and often
was, gross discrepancy.
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