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
No privilege of the commons can be so fundamental as liberty of speech.
This is claimed at the opening of every parliament by their speaker, and
could never be infringed without shaking the ramparts of the
constitution. Richard II.'s attack upon Haxey has been already mentioned
as a flagrant evidence of his despotic intentions. No other case occurs
until the 33rd year of Henry VI., when Thomas Young, member for Bristol,
complained to the commons, that, "for matters by him showed in the house
accustomed for the commons in the said parliaments, he was therefore
taken, arrested, and rigorously in open wise led to the Tower of London,
and there grievously in great duress long time imprisoned against the
said freedom and liberty;" with much more to the like effect. The
commons transmitted this petition to the lords, and the king "willed
that the lords of his council do and provide for the said suppliant as
in their discretions shall be thought convenient and reasonable." This
imprisonment of Young, however, had happened six years before, in
consequence of a motion made by him that, the king then having no issue,
the duke of York might be declared heir-apparent to the crown. In the
present session, when the duke was protector, he thought it well-timed
to prefer his claim to remuneration.[241]
There is a remarkable precedent in the 9th of Henry IV., and perhaps the
earliest authority for two eminent maxims of parliamentary law--that the
commons possess an exclusive right of originating money bills, and that
the king ought not to take notice of matters pending in parliament. A
quarrel broke out between the two houses upon this ground; and as we
have not before seen the commons venture to clash openly with their
superiors, the circumstance is for this additional reason worthy of
attention. As it has been little noticed, I shall translate the whole
record.
Public-domain text, read in full here on John Shaqi.
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