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
The second constitutional principle established in the reign of Edward
III. was that the king and two houses of parliament, in conjunction,
possessed exclusively the right of legislation. Laws were now declared
to be made by the king at the request of the commons, and by the assent
of the lords and prelates. Such at least was the general form, though
for many subsequent ages there was no invariable regularity in this
respect. The commons, who till this reign were rarely mentioned, were
now as rarely omitted in the enacting clause. In fact, it is evident
from the rolls of parliament that statutes were almost always founded
upon their petition.[113] These petitions, with the respective answers
made to them in the king's name, were drawn up after the end of the
session in the form of laws, and entered upon the statute-roll. But here
it must be remarked that the petitions were often extremely qualified
and altered by the answer, insomuch that many statutes of this and some
later reigns by no means express the true sense of the commons.
Sometimes they contented themselves with showing their grievance, and
praying remedy from the king and his council. Of this one eminent
instance is the great statute of treasons. In the petition whereon this
act is founded it is merely prayed that, "whereas the king's justices in
different counties adjudge persons indicted before them to be traitors
for sundry matters not known by the commons to be treason, it would
please the king by his council, and by the great and wise men of the
land, to declare what are treasons in this present parliament." The
answer to this petition contains the existing statute, as a declaration
on the king's part.[114] But there is no appearance that it received
the direct assent of the lower house. In the next reigns we shall find
more remarkable instances of assuming a consent which was never
positively given.
[Sidenote: Statutes distinguished from ordinances.]
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