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
ne volent assenter a ceo, ceo ne poet estre un actre; mes si les commons
volent assenter, donques ils indorse leur respons sur le mergent ne
basse deins le bil en tiel forme, Les commons sont assentans al sedul
des seigniors, a mesme cesty bil annexe, et donques sera bayle ad clerke
del parliament, ut supra. Et si un bil soit primes liver al seigniors,
et le bil passe eux, ils ne usont de fayre ascun endorsement, mess de
mitter le bil as commons; et donques, si le bil passe les commons, il
est use destre issint endorce, Les commons sont assentants; et ceo prove
que il ad passe les seigniors devant, et lour assent est a cest passer
del seigniors; et ideo cest acte supra nest bon, pur ceo que ne fuit
rebaile as commons.
A singular assertion is made in the Year Book 21 E. IV. p. 48 (Maynard's
edit.), that a subsidy granted by the commons without assent of the
peers is good enough. This cannot surely have been law at that time.
[249] Rot. Parl. vol. iii. p. 244.
[250] Coke's 4th Institute, p. 15.
[251] Glanvil's Reports of Elections, edit. 1774; Introduction, p. 12.
[252] 4 Prynne, p. 261.
[253] Glanvil's Reports, ibid. from Prynne.
[254] Glanvil's Reports, ibid. from Prynne.
[255] Id. ibid. and Rot. Parl. vol. iii. p. 530.
[256] Rot. Parl. vol. v. p. 7.
[257] 3 Prynne's Register, p. 187. This hypothesis, though embraced by
Prynne, is, I confess, much opposed to general opinion; and a very
respectable living writer treats such an interpretation of the statute 7
H. IV. as chimerical. The words cited in the text, "as others," mean
only, according to him, suitors not duly summoned. Heywood on Elections,
vol. i. p. 20. But, as I presume, the summons to freeholders was by
general proclamation; so that it is not easy to perceive what difference
there could be between summoned and unsummoned suitors. And if the words
are supposed to glance at the private summonses to a few friends, by
means of which the sheriffs were accustomed to procure a clandestine
election, one can hardly imagine that such persons would be styled "duly
summoned." It is not unlikely, however, that these large expressions
were inadvertently used, and that they led to that inundation of voters
without property which rendered the subsequent act of Henry VI.
necessary. That of Henry IV. had itself been occasioned by an opposite
evil, the close election of knights by a few persons in the name of the
county.
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