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 this revolution of 1399 there was as remarkable an attention shown to
the formalities of the constitution, allowance made for the men and the
times, as in that of 1688. The parliament was not opened by commission;
no one took the office of president; the commons did not adjourn to
their own chamber; they chose no speaker; the name of parliament was not
taken, but that only of estates of the realm. But as it would have been
a violation of constitutional principles to assume a parliamentary
character without the king's commission, though summoned by his writ, so
it was still more essential to limit their exercise of power to the
necessity of circumstances. Upon the cession of the king, as upon his
death, the parliament was no more; its existence, as the council of the
sovereign, being dependent upon his will. The actual convention summoned
by the writs of Richard could not legally become the parliament of
Henry; and the validity of a statute declaring it to be such would
probably have been questionable in that age, when the power of statutes
to alter the original principles of the common law was by no means so
thoroughly recognised as at the Restoration and Revolution. Yet Henry
was too well pleased with his friends to part with them so readily; and
he had much to effect before the fervour of their spirits should abate.
Hence an expedient was devised of issuing writs for a new parliament,
returnable in six days. These neither were nor could be complied with;
but the same members as had deposed Richard sat in the new parliament,
which was regularly opened by Henry's commissioner as if they had been
duly elected.[180] In this contrivance, more than in all the rest, we
may trace the hand of lawyers.
[Sidenote: Retrospect of the progress of the constitution under Richard
II.]
[Sidenote: Its advances under the house of Lancaster.]
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account