The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.Hume, David
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The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
Hume, David
Great Britain -- History
****** Bradv of Boroughs, p. 52, from the records. There is
even an instance in the reign of Edward III., when the king
named all the deputies. Brady’s Answer to Petyt, p. 161. If
he fairly named the most considerable and creditable
burgesses, little exception would be taken; as their
business was not to check the king, but to reason with him,
and consent to his demands. It was not till the reign of
Richard II. that the sheriffs were deprived of the power of
omitting boroughs at pleasure. See Stat. at large, 5th
Richard II. cap. iv.
The union, however, of the representatives from the boroughs gave
gradually more weight to the whole order; and it became customary for
them, in return for the supplies which they granted, to prefer petitions
to the crown for the redress of any particular grievance, of which they
found reason to complain. The more the king’s demands multiplied, the
faster these petitions increased both in number and authority; and the
prince found it difficult to refuse men whose grants had supported his
throne, and to whose assistance he might so soon be again obliged to
have recourse. The commons, however, were still much below the rank
of legislators.[*] [4] Their petitions, though they received a verbal
assent from the throne, were only the rudiments of laws: the judges were
afterwards intrusted with the power of putting them into form. and
the king, by adding to them the sanction of his authority, and that
sometimes without the assent of the nobles, bestowed validity upon
them. The age did not refine so much as to perceive the danger of these
irregularities. No man was displeased that the sovereign, at the desire
of any class of men, should issue an order which appeared only to
concern that class; and his predecessors were so near possessing the
whole legislative power, that he gave no disgust by assuming it in this
seemingly inoffensive manner. But time and further experience gradually
opened men’s eyes, and corrected these abuses. It was found that no laws
could be fixed for one order of men without affecting the whole; and
that the force and efficacy of laws depended entirely on the terms
employed in wording them. The house of peers, therefore, the most
powerful order in the state, with reason, expected that their assent
should be expressly granted to all public ordinances:[**]
* See note D, at the end of the volume.
** In those instances found in Cotton’s Abridgment, where
the king appears to answer of himself the petitions of the
commons, he probably exerted no more than that power, which
was long inherent in the crown, of regulating matters by
royal edicts or proclamations.
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