View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
The coercive authority exercised by this standing council of the king
was far more important. It may be divided into acts, legislative and
judicial. As for the first, many ordinances were made in council;
sometimes upon request of the commons in parliament, who felt themselves
better qualified to state a grievance than a remedy; sometimes without
any pretence, unless the usage of government, in the infancy of our
constitution, may be thought to afford one. These were always of a
temporary or partial nature, and were considered as regulations not
sufficiently important to demand a new statute. Thus, in the second year
of Richard II., the council, after hearing read the statute-roll of an
act recently passed, confirming a criminal jurisdiction in certain cases
upon justices of the peace, declared that the intention of parliament,
though not clearly expressed therein, had been to extend that
jurisdiction to certain other cases omitted, which accordingly they
cause to be inserted in the commissions made to these justices under the
great seal.[349] But they frequently so much exceeded what the growing
spirit of public liberty would permit, that it gave rise to complaint in
parliament. The commons petition in 13 R. II. that "neither the
chancellor nor the king's council, after the close of parliament, may
make any ordinance against the common law, or the ancient customs of the
land, or the statutes made heretofore or to be made in this parliament;
but that the common law have its course for all the people, and no
judgment be rendered without due legal process." The king answers, "Let
it be done as has been usual heretofore, saving the prerogative; and if
any one is aggrieved, let him show it specially, and right shall be done
him."[350] This unsatisfactory answer proves the arbitrary spirit in
which Richard was determined to govern.
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