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
Some instances occur in the reign of Edward III. where records have been
brought into parliament, and annulled with assent of the commons as well
as the rest of the legislature.[360] But these were attainders of
treason, which it seemed gracious and solemn to reverse in the most
authentic manner. Certainly the commons had neither by the nature of our
constitution nor the practice of parliament any right of intermeddling
in judicature, save where something was required beyond the existing
law, or where, as in the statute of treasons, an authority of that kind
was particularly reserved to both houses. This is fully acknowledged by
themselves in the first year of Henry IV.[361] But their influence upon
the balance of government became so commanding in a few years
afterwards, that they contrived, as has been mentioned already, to have
petitions directed to them, rather than to the lords or council, and to
transmit them, either with a tacit approbation or in the form of acts,
to the upper house. Perhaps this encroachment of the commons may have
contributed to the disuse of the lords' jurisdiction, who would rather
relinquish their ancient and honourable but laborious function than
share it with such bold usurpers.
[Sidenote: General character of the government in these ages.]
Although the restraining hand of parliament was continually growing more
effectual, and the notions of legal right acquiring more precision, from
the time of Magna Charta to the civil wars under Henry VI., we may
justly say that the general tone of administration was not a little
arbitrary. The whole fabric of English liberty rose step by step,
through much toil and many sacrifices, each generation adding some new
security to the work, and trusting that posterity would perfect the
labour as well as enjoy the reward. A time, perhaps, was even then
foreseen in the visions of generous hope, by the brave knights of
parliament and by the sober sages of justice, when the proudest
ministers of the crown should recoil from those barriers which were then
daily pushed aside with impunity.
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