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
Before we leave this subject it will be proper to take notice of a
remarkable stretch of prerogative, which, if drawn into precedent, would
have effectually subverted this principle of parliamentary consent in
legislation. In the 15th of Edward III. petitions were presented of a
bolder and more innovating cast than was acceptable to the court:--That
no peer should be put to answer for any trespass except before his
peers; that commissioners should be assigned to examine the accounts of
such as had received public moneys; that the judges and ministers should
be sworn to observe the Great Charter and other laws; and that they
should be appointed in parliament. The last of these was probably the
most obnoxious; but the king, unwilling to defer a supply which was
granted merely upon condition that these petitions should prevail,
suffered them to pass into a statute with an alteration which did not
take off much from their efficacy--namely, that these officers should
indeed be appointed by the king with the advice of his council, but
should surrender their charges at the next parliament, and be there
responsible to any who should have cause of complaint against them. The
chancellor, treasurer, and judges entered their protestation that they
had not assented to the said statutes, nor could they observe them, in
case they should prove contrary to the laws and customs of the kingdom,
which they were sworn to maintain.[121] This is the first instance of a
protest on the roll of parliament against the passing of an act.
Nevertheless they were compelled to swear on the cross of Canterbury to
its observance.[122]
Public-domain text, read in full here on John Shaqi.
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