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
[113] Laws appear to have been drawn up, and proposed to the two houses
by the king, down to the time of Edward I. Hale's Hist. of Common Law,
p. 16.
Sometimes the representatives of particular places address separate
petitions to the king and council; as the citizens of London, the
commons of Devonshire, &c. These are intermingled with the general
petitions, and both together are for the most part very numerous. In the
roll of 50 Edw. III. they amount to 140.
[114] Rot. Parl. p. 239.
[115] Rot. Parl. p. 113.
[116] p. 280.
[117] "If there be any difference between an ordinance and a statute, as
some have collected, it is but only this, that an ordinance is but
temporary till confirmed and made perpetual, but a statute is perpetual
at first, and so have some ordinances also been." Whitelocke on
Parliamentary Writ, vol. ii. p. 297. See Rot. Parl. vol. iii. p. 17;
vol. iv. p. 35.
[118] These may be found in Willis's Notitia Parliamentaria. In 28 E. I.
the universities were summoned to send members to a great council in
order to defend the king's right to the kingdom of Scotland. 1 Prynne.
[119] Rot. Parl. ii. 206.
[120] Rot. Parl. ii 253, 257.
[121] Id. p. 131.
[122] Rot. Parl. ii. p. 128.
[123] Rymer, t. v. p. 282. This instrument betrays in its language
Edward's consciousness of the violent step he was taking; and his wish
to excuse it as much as possible.
[124] The commons in the 17th of Edw. III. petition that the statutes
made two years before be maintained in their force, having granted for
them the subsidies which they enumerate, "which was a great spoiling
(rançon) and grievous charge for them." But the king answered that,
"perceiving the said statute to be against his oath, and to the blemish
of his crown and royalty, and against the law of the land in many
points, he had repealed it. But he would have the articles of the said
statute examined, and what should be found honourable and profitable to
the king and his people put into a new statute, and observed in future."
Rot. Parl. ii. 139. But though this is inserted among the petitions, it
appears from the roll a little before (p. 139, n. 23), that the statute
was actually repealed by common consent; such consent at least being
recited, whether truly or not.
[125] Rymer, t. v. p. 165.
[126] p. 148.
[127] 21 E. III. p. 165.
[128] 28 E. III. p. 261.
[129] 28 E. III. p. 295. Carte says, "the lords and commons, giving this
advice separately, declared," &c. Hist. of England, vol. ii. p. 518. I
can find no mention of the commons doing this in the roll of parliament.
[130] Rymer, p. 269.
[131] p. 114.
[132] p. 304.
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