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
[78] These expressions cannot appear too strong. But it is very
remarkable that to the parliament of 18 Edward III. the writs appear to
have summoned none of the towns, but only the counties. Willis, Notit.
Parliament. vol. i. Preface, p. 13. Prynne's Register, 3rd part, p. 144.
Yet the citizens and burgesses are once, but only once, named as present
in the parliamentary roll; and there is, in general, a chasm in place of
their names, where the different ranks present are enumerated. Rot.
Parl. vol. ii. p. 146. A subsidy was granted at this parliament; so
that, if the citizens and burgesses were really not summoned, it is by
far the most violent stretch of power during the reign of Edward III.
But I know of no collateral evidence to illustrate or disprove it.
[79] Tallages were imposed without consent of parliament in 17 E. I.
Wykes, p. 117; and in 32 E. I. Brady's Hist. of Eng. vol. ii. In the
latter instance the king also gave leave to the lay and spiritual
nobility to set a tallage on their own tenants. This was subsequent to
the Confirmatio Chartarum, and unquestionably illegal.
[80] Prynne's 2nd Register. It may be remarked that writs of summons to
great councils never ran ad faciendum, but ad tractandum, consulendum et
consentiendum; from which some would infer that faciendum had the sense
of enacting; since statutes could not be passed in such assemblies. Id.
p. 92.
[81] 28 E. I., in Prynne's 4th Register, p. 12; 9 E. II. (a great
council), p. 48.
[82] Brady's Hist. of England, vol. ii. p. 40; Parliamentary History,
vol. i. p. 206; Rot. Parl. t. ii. p. 66.
[83] Carte, vol. ii. p. 451; Parliamentary History, vol. i. p. 234.
[84] Rot. Parl. vol. i. p. 289.
[85] Id. p. 430.
[86] Id. vol. ii. p. 7.
[87] Id. p. 289, 351, 430.
[88] Id. p. 5.
[89] Id. p. 86.
[90] Rot. Parl. vol. i. p. 285.
[91] 4 E. III. c. 14. Annual sessions of parliament seem fully to
satisfy the words, and still more the spirit, of this act, and of 36 E.
III. c. 10; which however are repealed by implication from the
provisions of 6 Will. III. c. 2. But it was very rare under the
Plantagenet dynasty for a parliament to continue more than a year.
It has been observed that this provision "had probably in view the
administration of justice by the king's court in parliament." Report of
L. C. p. 301. And in another place:--"It is clear that the word
parliament in the reign of Edward I. was not used only to describe a
legislative assembly, but was the common appellation of the ordinary
assembly of the king's great court or council; and that the legislative
assembly of the realm, composed generally, in and after the 23rd of
Edward I., of lords spiritual and temporal, and representatives of the
commons, was usually convened to meet the king's council in one of these
parliaments." p. 171.
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