The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
David Hume · en
reduced to private persons; that they should in that condition answer
before parliament to any accusation brought against them; and that if
they were found anywise guilty, they should finally be dispossessed of
their offices, and more able persons be substituted in their place.[*]
By these last regulations, the barons approached as near as they durst
to those restrictions which had formerly been imposed on Henry III. and
Edward II., and which, from the dangerous consequences attending them,
had become so generally odious, that they did not expect to have either
the concurrence of the people in demanding the*n, or the assent of the
present king in granting them.
* 15 Edward III.
In return for these important concessions, the parliament offered the
king a grant of twenty thousand sacks of wool; and his wants were so
urgent from the clamors of his creditors and the demands of his foreign
allies, that he was obliged to accept of the supply on these hard
conditions. He ratified this statute in full parliament: but he secretly
entered a protest of such a nature as was sufficient, one should imagine
to destroy all future trust and confidence with his people; he declared
that, as soon as his convenience permitted, he would, from his own
authority, revoke what had been extorted from him.[*] Accordingly he
was no sooner possessed of the parliamentary supply, than he issued an
edict, which contains many extraordinary positions and pretensions. He
first asserts, that that statute had been enacted contrary to law, as
if a free legislative body could ever do any thing illegal. He next
affirms, that as it was hurtful to the prerogatives of the crown, which
he had sworn to defend, he had only dissembled when he seemed to ratify
it, but that he had never in his own breast given his assent to it. He
does not pretend that either he or the parliament lay under force; but
only that some inconvenience would have ensued, had he not seemingly
affixed his sanction to that pretended statute. He therefore, with the
advice of his council and of some earls and barons, abrogates and annuls
it; and though he professes himself willing and determined to observe
such articles of it as were formerly law, he declares it to have
thenceforth no force or authority.[**] The parliaments that were
afterwards assembled took no notice of this arbitrary exertion of royal
power, which, by a parity of reason, left all their laws at the mercy
of the king; and, during the course of two years, Edward had so
far reëstablished his influence, and freed himself from his present
necessities, that he then obtained from his parliament a legal repeal
of the obnoxious statute.[***] This transaction certainly contains
remarkable circumstances, which discover the manners and sentiments of
the age; and may prove what inaccurate work might be expected from such
rude hands, when employed in legislation, and in rearing the delicate
fabric of laws and a constitution.