The World's Greatest Books — Volume 11 — Ancient and Mediæval History
History
The World's Greatest Books — Volume 11 — Ancient and Mediæval History
History, Ancient; Middle Ages
Parliament was not definitely divided into two houses until the reign of
Edward III. In this reign the Commons succeeded in establishing the
illegality of raising money without consent; the necessity that the two
houses should concur for any alterations in the law; and the right of
the Commons to enquire into public abuses and to impeach public
counsellors. Under the second heading is introduced a distinction
between statutes and ordinances; the latter being of a temporary
character, and requiring to be confirmed by Parliament before they
acquire permanent authority. In the next reign the Commons assert the
right of examining the public expenditure. Moreover the Parliaments more
openly and boldly expressed resentment at the acts of the king's
ministers and claimed rights of control. For a time, however, the king
secured supremacy by a coup d'état; which in turn brought about his
deposition, and the accession of Henry IV., despite the absurd weakness
of his title to the inheritance of the Crown.
The rights thus acquired developed until the War of the Roses. Notably
redress of grievances became the condition of supply; and the
inclination of the Crown to claim a dispensing power is resolutely
combated. It is also to be remarked that the king's foreign policy of
war or peace is freely submitted to the approval of Parliament.
This continues during the minority of Henry VI.; but the revival of
dissatisfaction with the government leads to a renewed activity in the
practice of impeachments; and Parliament begins to display a marked
sensitiveness on the question of its privileges. The Commons further
definitely express their exclusive right of originating money bills.
At this time it is clear that at least all freeholders were entitled to
vote in the election of the knights of the shire. The selection of the
towns which sent up members, and the franchise under which their members
were elected, seems to have been to a considerable extent arbitrary. Nor
can we be perfectly certain of the principles on which writs were issued
for attendance in the upper house. We find that for some time the lower
clergy as well as the higher were summoned to attend Parliament; but
presently, sitting in a separate chamber, they ceased to take part in
Parliamentary business.
We have seen the King's Court divided into three courts of justice. The
court itself, however, as the king's Council, continued to exercise a
juridical as well as a deliberative and administrative function. In
spite of the charter, it possessed an effective if illegal power of
arbitrary imprisonment.
Public-domain text, read in full here on John Shaqi.
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