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
To grant money was, therefore, the main object of their meeting; and if
the exigencies of the administration could have been relieved without
subsidies, the citizens and burgesses might still have sat at home and
obeyed the laws which a council of prelates and barons enacted for their
government. But it is a difficult question whether the king and the
peers designed to make room for them, as it were, in legislation; and
whether the power of the purse drew after it immediately, of only by
degrees, those indispensable rights of consenting to laws which they now
possess. There are no sufficient means of solving this doubt during the
reign of Edward I. The writ in 22 E. I. directs two knights to be chosen
cum plenâ potestate pro se et totâ communitate comitatûs prædicti ad
consulendum et consentiendum pro se et communitate illâ, his quæ
comites, barones, et proceres prædicti concorditer ordinaverint in
præmissis. That of the next year runs, ad faciendum tunc quod de communi
consilio ordinabitur in præmissis. The same words are inserted in the
writ of 26 E. I. In that of 28 E. I. the knights are directed to be sent
cum plenâ potestate audiendi et faciendi quæ ibidem ordinari contigerint
pro communi commodo. Several others of the same reign have the words ad
faciendum. The difficulty is to pronounce whether this term is to be
interpreted in the sense of _performing_ or of _enacting_; whether the
representatives of the commons were merely to learn from the lords what
was to be done, or to bear their part in advising upon it. The earliest
writ, that of 22 E. I., certainly implies the latter; and I do not know
that any of the rest are conclusive to the contrary. In the reign of
Edward II. the words ad consentiendum alone, or ad faciendum et
consentiendum, begin; and from that of Edward III. this form has been
constantly used.[80] It must still, however, be highly questionable
whether the commons, who had so recently taken their place in
parliament, gave anything more than a constructive assent to the laws
enacted during this reign. They are not even named in the preamble of
any statute till the last year of Edward I. Upon more than one occasion
the sheriffs were directed to return the same members who had sat in the
last parliament, unless prevented by death or infirmity.[81]
[Sidenote: At what time parliament was divided into two houses.]
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