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
In the fervour of prosecution this parliament could hardly go beyond
that whose acts they were annulling; and each is alike unworthy to be
remembered in the way of precedent. But the leaders of the former,
though vindictive and turbulent, had a concern for the public interest;
and, after punishing their enemies, left the government upon its right
foundation. In this all regard for liberty was extinct; and the commons
set the dangerous precedent of granting the king a subsidy upon wool
during his life. Their remarkable act of severity was accompanied by
another, less unexampled, but, as it proved, of more ruinous tendency.
The petitions of the commons not having been answered during the
session, which they were always anxious to conclude, a commission was
granted for twelve peers and six commoners to sit after the dissolution,
and "examine, answer, and fully determine, as well all the said
petitions, and the matters therein comprised, as all other matters and
things moved in the king's presence, and all things incident thereto not
yet determined, as shall seem best to them."[172] The "other matters"
mentioned above were, I suppose, private petitions to the king's council
in parliament, which had been frequently despatched after a dissolution.
For in the statute which establishes this commission, 21 R. II. c. 16,
no powers are committed but those of examining petitions: which, if it
does not confirm the charge afterwards alleged against Richard, of
falsifying the parliament roll, must at least be considered as limiting
and explaining the terms of the latter. Such a trust had been committed
to some lords of the council eight years before, in very peaceful times;
and it was even requested that the same might be done in future
parliaments.[173] But it is obvious what a latitude this gave to a
prevailing faction. These eighteen commissioners, or some of them (for
there were who disliked the turn of affairs), usurped the full rights of
the legislature, which undoubtedly were only delegated in respect of
business already commenced.[174] They imposed a perpetual oath on
prelates and lords for all time to come, to be taken before obtaining
livery of their lands, that they would maintain the statutes and
ordinances made by this parliament, or "afterwards by the lords and
knights having power committed to them by the same." They declared it
high treason to disobey their ordinances. They annulled the patents of
the dukes of Hereford and Norfolk, and adjudged Henry Bowet, the
former's chaplain, who had advised him to petition for his inheritance,
to the penalties of treason.[175] And thus, having obtained a revenue
for life, and the power of parliament being notoriously usurped by a
knot of his creatures, the king was little likely to meet his people
again, and became as truly absolute as his ambition could require.
[Sidenote: Quarrel of the dukes of Hereford and Norfolk.]
[Sidenote: Necessity for deposing Richard II.]
Public-domain text, read in full here on John Shaqi.
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