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
Notwithstanding the fulness of this assent to so important a petition we
find no vestige of either among the statutes, and the whole transaction
is unnoticed by those historians who have not looked into our original
records. If the compilers of the statute-roll were able to keep out of
it the very provision that was intended to check their fraudulent
machinations, it was in vain to hope for redress without altering the
established practice in this respect; and indeed, where there was no
design to falsify the roll it was impossible to draw up statutes which
should be in truth the acts of the whole legislature, so long as the
king continued to grant petitions in part, and to engraft new matter
upon them. Such was still the case till the commons hit upon an
effectual expedient for screening themselves against these
encroachments, which has lasted without alteration to the present day.
This was the introduction of complete statutes under the name of bills,
instead of the old petitions; and these containing the royal assent and
the whole form of a law, it became, though not quite immediately,[205] a
constant principle that the king must admit or reject them without
qualification. This alteration, which wrought an extraordinary effect on
the character of our constitution, was gradually introduced in Henry
VI.'s reign.[206]
From the first years of Henry V., though not, I think, earlier, the
commons began to concern themselves with the petitions of individuals to
the lords or council. The nature of the jurisdiction exercised by the
latter will be treated more fully hereafter; it is only necessary to
mention in this place that many of the requests preferred to them were
such as could not be granted without transcending the boundaries of law.
A just inquietude as to the encroachments of the king's council had long
been manifested by the commons; and finding remonstrances ineffectual,
they took measures for preventing such usurpations of legislative power
by introducing their own consent to private petitions. These were now
presented by the hands of the commons, and in very many instances
passed in the form of statutes with the express assent of all parts of
the legislature. Such was the origin of private bills, which occupy the
greater part of the rolls in Henry V. and VI.'s parliament. The commons
once made an ineffectual endeavour to have their consent to all
petitions presented to the council in parliament rendered necessary by
law; if I rightly apprehend the meaning of the roll in this place, which
seems obscure or corrupt.[207]
[Sidenote: Interference of parliament with the royal expenditure.]
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