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
During the long and prosperous reign of Edward III. the efforts of
parliament in behalf of their country were rewarded with success in
establishing upon a firm footing three essential principles of our
government--the illegality of raising money without consent; the
necessity that the two houses should concur for any alterations in the
law; and, lastly, the right of the commons to inquire into public
abuses, and to impeach public counsellors. By exhibiting proofs of each
of these from parliamentary records I shall be able to substantiate the
progressive improvement of our free constitution, which was principally
consolidated during the reigns of Edward III. and his two next
successors. Brady, indeed, Carte, and the authors of the Parliamentary
History, have trod already over this ground; but none of the three can
be considered as familiar to the generality of readers, and I may at
least take credit for a sincerer love of liberty than any of their
writings display.
[Sidenote: Remonstrances against levying money without consent.]
In the sixth year of Edward III. a parliament was called to provide for
the emergency of an Irish rebellion, wherein, "because the king could
not send troops and money to Ireland without the aid of his people, the
prelates, earls, barons, and other great men, and the knights of
shires, and all the commons, of their free will, for the said purpose,
and also in order that the king might live of his own, and not vex his
people by excessive prises, nor in other manner, grant to him the
fifteenth penny, to levy of the commons,[100] and the tenth from the
cities, towns, and royal demesnes. And the king, at the request of the
same, in ease of his people, grants that the commissions lately made to
certain persons assigned to set tallages on cities, towns, and demesnes
throughout England shall be immediately repealed; and that in time to
come he will not set such tallage, except as it has been done in the
time of his ancestors, and as he may reasonably do."[101]
These concluding words are of dangerous implication; and certainly it
was not the intention of Edward, inferior to none of his predecessors in
the love of power, to divest himself of that eminent prerogative, which,
however illegally since the Confirmatio Chartarum, had been exercised by
them all. But the parliament took no notice of this reservation, and
continued with unshaken perseverance to insist on this incontestable and
fundamental right, which he was prone enough to violate.
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