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 statute of treasons, however, was supposed to be declaratory of the
ancient law: in permanent and material innovations a more direct
concurrence of all the estates was probably required. A new statute, to
be perpetually incorporated with the law of England, was regarded as no
light matter. It was a very common answer to a petition of the commons,
in the early part of this reign, that it could not be granted without
making a new law. After the parliament of 14 E. III. a certain number of
prelates, barons, and counsellors, with twelve knights and six
burgesses, were appointed to sit from day to day in order to turn such
petitions and answers as were fit to be perpetual into a statute; but
for such as were of a temporary nature the king issued his letters
patent.[115] This reluctance to innovate without necessity, and to swell
the number of laws which all were bound to know and obey with an
accumulation of transitory enactments, led apparently to the distinction
between statutes and ordinances. The latter are indeed defined by some
lawyers to be regulations proceeding from the king and lords without
concurrence of the commons. But if this be applicable to some
ordinances, it is certain that the word, even when opposed to statute,
with which it is often synonymous, sometimes denotes an act of the whole
legislature. In the 37th of Edward III., when divers sumptuary
regulations against excess of apparel were made in full parliament, "it
was demanded of the lords and commons, inasmuch as the matter of their
petitions was novel and unheard of before, whether they would have them
granted by way of ordinance or of statute. They answered that it would
be best to have them by way of ordinance and not of statute, in order
that anything which should need amendment might be amended at the next
parliament."[116] So much scruple did they entertain about tampering
with the statute law of the land.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account