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
[391] The manner in which these were obtained, in spite of law, may be
noticed among the violent courses of prerogative. By statute 2 E. III.
c. 2, confirmed by 10 E. III. c. 2, the king's power of granting pardons
was taken away, except in cases of homicide per infortunium. Another
act, 14 E. III. c. 15, reciting that the former laws in this respect
have not been kept, declares that all pardons contrary to them shall be
holden as null. This however was disregarded like the rest; and the
commons began tacitly to recede from them, and endeavoured to compromise
the question with the crown. By 27 E. III. stat. I, c. 2, without
adverting to the existing provisions, which may therefore seem to be
repealed by implication, it is enacted that in every charter of pardon,
granted at any one's suggestion, the suggestor's name and the grounds of
his suggestion shall be expressed, that if the same be found untrue it
may be disallowed. And in 13 R. II. stat. 2, c. 1, we are surprised to
find the commons requesting that pardons might not be granted, as if the
subject were wholly, unknown to the law; the king protesting in reply
that he will save his liberty and regality, as his progenitors had done
before, but conceding some regulations, far less remedial than what were
provided already by the 27th of Edward II. Pardons make a pretty large
head in Brooke's Abridgment, and were undoubtedly granted without
scruple by every one of our kings. A pardon obtained in a case of
peculiar atrocity is the subject of a specific remonstrance in 23 H. VI.
Rot. Parl. vol. v. p. 111.
[392] Rot. Parl. vol. ii. p. 201. A strange policy, for which no
rational cause can be alleged, kept Wales and even Cheshire distinct
from the rest of the kingdom. Nothing could be more injurious to the
adjacent counties. Upon the credit of their immunity from the
jurisdiction of the king's courts, the people of Cheshire broke with
armed bands into the neighbouring counties, and perpetrated all the
crimes in their power. Rot. Parl. vol. iii. p. 81, 201, 440; Stat. 1 H.
IV. c. 18. As to the Welsh frontier, it was constantly almost in a state
of war, which a very little good sense and benevolence in any one of our
shepherds would have easily prevented, by admitting the conquered people
to partake in equal privileges with their fellow-subjects. Instead of
this, they satisfied themselves with aggravating the mischief by
granting legal reprisals upon Welshmen. Stat. 2 H. IV. c. 16. Welshmen
were absolutely excluded from bearing offices in Wales. The English
living in the English towns of Wales earnestly petition, 23 H. VI. Rot.
Parl. vol. v. p. 104, 154, that this exclusion may be kept in force.
Complaints of the disorderly state of the Welsh frontier are repeated as
late as 12 E. IV. vol. vi. p. 8.
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