[n]These expressions cannot appear too strong. But it is very remarkable that to the parliament of 18 Edward III. the writs appear to have summoned none of the towns, but only the counties. Willis, Notit. Parliament. vol. i. Preface, p. 13. Prynne's Register, 3rd part, p. 144. Yet the citizens and burgesses are once, but only once, named as present in the parliamentary roll; and there is, in general, a chasm in place of their names, where the different ranks present are enumerated. Rot. Parl. vol. ii. p. 146. A subsidy was granted at this parliament; so that, if the citizens and burgesses were really not summoned, it is by far the most violent stretch of power during the reign of Edward III. But I know of no collateral evidence to illustrate or disprove it.[o]Tallages were imposed without consent of parliament in 17 E. I. Wykes, p. 117; and in 32 E. I. Brady's Hist. of Eng. vol. ii. In the latter instance the king also gave leave to the lay and spiritual nobility to set a tallage on their own tenants. This was subsequent to the Confirmatio Chartarum, and unquestionably illegal.[p]Prynne's 2nd Register. It may be remarked that writs of summons to great councils never ran ad faciendum, but ad tractandum, consulendum et consentiendum; from which some would infer that faciendum had the sense of enacting; since statutes could not be passed in such assemblies. Id. p. 92.[q]28 E. I., in Prynne's 4th Register, p. 12; 9 E. II. (a great council), p. 48.[r]Brady's Hist. of England, vol. ii. p. 40; Parliamentary History, vol. i. p. 206; Rot. Parl. t. ii. p. 66.[s]Carte, vol. ii. p. 451; Parliamentary History, vol. i. p. 234.[t]Rot. Parl. vol. i. p. 289.[u]Id. p. 430.[x]Id. vol. ii. p. 7.[y]Id. p. 289, 351, 430.[z]Id. p. 5.[a]Id. p. 86.[b]Rot. Parl. vol. i. p. 285.[c]4 E. III. c. 14. Annual sessions of parliament seem fully to satisfy the words, and still more the spirit, of this act, and of 36 E. III. c. 10; which however are repealed by implication from the provisions of 6 Will. III. c. 2. But it was very rare under the Plantagenet dynasty for a parliament to continue more than a year.It has been observed that this provision "had probably in view the administration of justice by the king's court in parliament." Report of L. C. p. 301. And in another place:—"It is clear that the word parliament in the reign of Edward I. was not used only to describe a legislative assembly, but was the common appellation of the ordinary assembly of the king's great court or council; and that the legislative assembly of the realm, composed generally, in and after the 23rd of Edward I., of lords spiritual and temporal, and representatives of the commons, was usually convened to meet the king's council in one of these parliaments." p. 171.Certainly the commons could not desire to have an annual parliament in order to make new statutes, much less to grant subsidies. It was, however, important to present their petitions, and to set forth their grievances to this high court. We may easily reconcile the anxiety so often expressed by the commons to have frequent sessions of parliament, with the individual reluctance of members to attend. A few active men procured these petitions, which the majority could not with decency oppose, since the public benefit was generally admitted. But when the writs came down, every pretext was commonly made use of to avoid a troublesome and ill-remunerated journey to Westminster. For the subject of annual parliaments see a valuable article by Allen in the 28th volume of the Edinburgh Review.[d]This article is so expressed as to make it appear that the grievance was the high price of commodities. But as this was the natural effect of a degraded currency, and the whole tenor of these articles relates to abuses of government, I think it must have meant what I have said in the text.[e]Prynne's 2nd Register, p. 68.[f]Id. p. 75.[g]Madox, Firma Burgi, p. 6; Rot. Parl. vol. i. p. 449.[h]Rot. Parl. vol. i. p. 430.[i]It is however distinctly specified in stat. 7 Edw. II. and in 12 Edw. II., and equivalent words are found in other statutes. Though often wanting, the testimony to the constitution of parliament is sufficient and conclusive.[k]Rot. Parl. vol. i. p. 281.[m]Walsingham, p. 97. The Lords' committee "have found no evidence of any writ issued for election of knights, citizens, and burgesses to attend the same meetings; from the subsequent documents it seems probable that none were issued, and that the parliament which assembled at Westminster consisted only of prelates, earls, and barons." p. 259. We have no record of this parliament; but in that of 5 Edw. II. it is recited—Come le seizieme jour de Marz l'an de notre regne tierce, a l'honeur de Dieu et pour le bien de nous et de nostre roiaume, eussions granté de notre franche volonté, par nos lettres ouvertes aux prelatz, countes, et barons,et communes de dit roiaume, qu'ils puissent eslire certain persones des prelatz, comtes, et barons, &c. Rot. Parl. i. 281. The inference therefore of the committee seems erroneous. [NoteVIII.][n]"La commonaltée" seems in this place to mean the tenants of land, or commons of the counties, in contradistinction to citizens and burgesses.[o]Rot. Parl. vol. ii. p. 66. The Lords' committee observe on this passage in the roll of parliament, that "the king's right to tallage his cities, boroughs, and demesnes seems not to have been questioned by the parliament, though the commissions for setting the tallage were objected to." p. 305. But how can we believe that after the representatives of these cities and boroughs had sat, at least at times, for two reigns, and after the explicit renunciation of all right of tallage by Edward I. (for it was never pretended that the king could lay a tallage on any towns which did not hold of himself), there could have been a parliament which "did not question" the legality of a tallage set without their consent? The silence of the rolls of parliament would furnish but a poor argument. But in fact their language is expressive enough. The several ranks of lords and commons grant the fifteenth penny from the commonalty, and the tenth from the cities, boroughs, and demesnes of the king, "that our lord the king may live of his own, and pay for his expenses, and not aggrieve his people by excessive (outraiouses) prises, or otherwise." And upon this the king revokes the commission in the words of the text. Can anything be clearer than that the parliament, though in a much gentler tone than they came afterwards to assume, intimate the illegality of the late tallage? As to any other objection to the commissions, which the committee suppose to have been taken, nothing appears on the roll.[p]Rot. Parl. vol. ii. p. 104.[q]Id.[r]Rot. Parl. vol. ii. p. 161.[s]Case of impositions in Howell's State Trials, vol. ii. p. 371-519; particularly the argument of Mr. Hakewill. Hale's Treatise on the Customs, in Hargrave's Tracts, vol. i.Edward III. imposed another duty on cloth exported, on the pretence that, as the wool must have paid a tax, he had a right to place the wrought and unwrought article on an equality. The commons remonstrated against this; but it was not repealed. This took place about 22 E. III. Hale's Treatise, p. 175.[t]Rot. Parl. p. 160.[u]p. 161, 166, 201.[x]25 E. III. stat. v. c. 8.[y]Rot. Parl. vol. ii. p. 366.[z]Prynne's 4th Register, p. 289.[a]Rot. Parl. p. 304.[b]Rot. Parl. p. 310. In the mode of levying subsidies a remarkable improvement took place early in the reign of Edward III. Originally two chief taxors were appointed by the king for each county, who named twelve persons in every hundred to assess the moveable estate of all inhabitants according to its real value. But in 8 E. III., on complaint of parliament that these taxors were partial, commissioners were sent round to compound with every town and parish for a gross sum, which was from thenceforth the fixed quota of subsidy, and raised by the inhabitants themselves. Brady on Boroughs, p. 81.[c]Laws appear to have been drawn up, and proposed to the two houses by the king, down to the time of Edward I. Hale's Hist. of Common Law, p. 16.Sometimes the representatives of particular places address separate petitions to the king and council; as the citizens of London, the commons of Devonshire, &c. These are intermingled with the general petitions, and both together are for the most part very numerous. In the roll of 50 Edw. III. they amount to 140.[d]Rot. Parl. p. 239.[e]Rot. Parl. p. 113.[f]p. 280.[g]"If there be any difference between an ordinance and a statute, as some have collected, it is but only this, that an ordinance is but temporary till confirmed and made perpetual, but a statute is perpetual at first, and so have some ordinances also been." Whitelocke on Parliamentary Writ, vol. ii. p. 297. See Rot. Parl. vol. iii. p. 17; vol. iv. p. 35.[h]These may be found in Willis's Notitia Parliamentaria. In 28 E. I. the universities were summoned to send members to a great council in order to defend the king's right to the kingdom of Scotland. 1 Prynne.[i]Rot. Parl. ii. 206.[k]Rot. Parl. ii 253, 257.[m]Id. p. 131.[n]Rot. Parl. ii. p. 128.[o]Rymer, t. v. p. 282. This instrument betrays in its language Edward's consciousness of the violent step he was taking; and his wish to excuse it as much as possible.[p]The commons in the 17th of Edw. III. petition that the statutes made two years before be maintained in their force, having granted for them the subsidies which they enumerate, "which was a great spoiling (rançon) and grievous charge for them." But the king answered that, "perceiving the said statute to be against his oath, and to the blemish of his crown and royalty, and against the law of the land in many points, he had repealed it. But he would have the articles of the said statute examined, and what should be found honourable and profitable to the king and his people put into a new statute, and observed in future." Rot. Parl. ii. 139. But though this is inserted among the petitions, it appears from the roll a little before (p. 139, n. 23), that the statute was actually repealed by common consent; such consent at least being recited, whether truly or not.[q]Rymer, t. v. p. 165.[r]p. 148.[s]21 E. III. p. 165.[t]28 E. III. p. 261.[u]28 E. III. p. 295. Carte says, "the lords and commons, giving this advice separately, declared," &c. Hist. of England, vol. ii. p. 518. I can find no mention of the commons doing this in the roll of parliament.[x]Rymer, p. 269.[y]p. 114.[z]p. 304.[a]Most of our general historians have slurred over this important session. The best view, perhaps, of its secret history will be found in Lowth's Life of Wykeham; an instructive and elegant work, only to be blamed for marks of that academical point of honour which makes a fellow of a college too indiscriminate an encomiast of its founder. Another modern book may be named with some commendation, though very inferior in its execution, Godwin's Life of Chaucer of which the duke of Lancaster is the political hero.[b]Rymer, p. 322.[c]Rymer, p. 322.[d]p. 329.[e]Anonym. Hist. Edw. III. ad calcem Hemingford, p. 444, 448. Walsingham gives a different reason, p. 192.[f]Rot. Parl. p. 374. Not more than six or seven of the knights who had sat in the last parliament were returned to this, as appears by the writs in Prynne's 4th Register, p. 302, 311.[g]Walsingham, p. 200, says pene omnes; but the list published in Prynne's 4th Register induces me to qualify this loose expression. Alice Perrers had bribed, he tells us, many of the lords and all the lawyers of England; yet by the perseverance of these knights she was convicted.[h]Rot. Parl. vol. ii. p. 374.[i]vol. iii. p. 12.[k]Rot. Parl. vol. iii. p. 12[m]Rot. Parl. p. 35-38.[n]Id. p. 57.[o]See p. 47 of this volume.[p]Nevertheless, the commons repeated it in their schedule of petitions; and received an evasive answer, referring to an ordinance made in the first parliament of the king, the application of which is indefinite. Rot. Parl. p. 82.[q]p. 73. In Rymer, t. viii. p. 250, the archbishop of York's name appears among these commissioners, which makes their number sixteen. But it is plain by the instrument that only fifteen were meant to be appointed.[r]Rot. Parl. 5 R. II. p. 100.[s]Rot. Parl. 5 R. II. p. 104.[t]The commons granted a subsidy, 7 R. II., to support Lancaster's war in Castile. R. P. p. 284. Whether the populace changed their opinion of him I know not. He was still disliked by them two years before. The insurgents of 1382 are said to have compelled men to swear that they would obey king Richard and the commons, and that they would accept no king named John. Walsingham, p. 248.[u]Walsing. p. 290, 315, 317.[x]Rot. Parl. 5 R. II. p. 100; 6 R. II. sess. 1, p. 134.[y]p. 145.[z]Rot. Parl. 9 R. II. p. 209.[a]Ib. p. 213. It is however asserted in the articles of impeachment against Suffolk, and admitted by his defence, that nine lords had been appointed in the last parliament, viz. 9 R. II., to inquire into the state of the household, and reform whatever was amiss. But nothing of this appears in the roll.[b]Knyghton, in Twysden x. Script. col. 2680.[c]Upon full consideration, I am much inclined to give credit to this passage of Knyghton, as to the main facts; and perhaps even the speech of Gloucester and the bishop of Ely is more likely to have been made public by them than invented by so jejune an historian. Walsingham indeed says nothing of the matter; but he is so unequally informed and so frequently defective, that we can draw no strong inference from his silence. What most weighs with me is that parliament met on Oct. 1, 1387, and was not dissolved till Nov. 28; a longer period than the business done in it seems to have required; and also that Suffolk, who opened the session as chancellor, is styled "darrein chancellor" in the articles of impeachment against him; so that he must have been removed in the interval, which tallies with Knyghton's story. Besides, it is plain, from the famous questions subsequently put by the king to his judges at Nottingham, that both the right of retiring without a regular dissolution, and the precedent of Edward II., had been discussed in parliament, which does not appear anywhere else than in Knyghton.[d]Rot. Parl. vol. iii. p. 219.[e]Articles had been exhibited by the chancellor before the peers, in the seventh of the king, against Spencer, bishop of Norwich, who had led a considerable army in a disastrous expedition against the Flemings, adherents to the anti-pope Clement in the schism. This crusade had been exceedingly popular, but its ill success had the usual effect. The commons were not parties in this proceeding. Rot. Parl. p 153.[f]Rot. Parl. p. 221.[g]Rot. Parl. p. 281.[h]The judgment against Simon de Burley, one of those who were executed on this occasion, upon impeachment of the commons, was reversed under Henry IV.; a fair presumption of its injustice. Rot. Parl. vol. iii. p. 464.[i]Rot. Parl. 14 R II. p. 279; 15 R. II. p. 286.[k]Rot. Parl. 13 R. II. p. 258.[m]17 R. II. p. 313.[n]Rymer, t. vii. p. 583, 659.[o]Hume has represented this as if the commons had petitioned for the continuance of sheriffs beyond a year, and grounds upon this mistake part of his defence of Richard II. (Note to vol. ii. p. 270, 4to. edit.) For this he refers to Cotton's Abridgment; whether rightly or not I cannot say, being little acquainted with that inaccurate book, upon which it is unfortunate that Hume relied so much. The passage from Walsingham in the same note is also wholly perverted; as the reader will discover without further observation. An historian must be strangely warped who quotes a passage explicitly complaining of illegal acts in order to infer that those very acts were legal.[p]The church would perhaps have interfered in behalf of Haxey if he had only received the tonsure. But it seems that he was actually in orders; for the record calls him Sir Thomas Haxey, a title at that time regularly given to the parson of a parish. If this be so, it is a remarkable authority for the clergy's capacity of sitting in parliament.[q]Rot. Parl. 20 R. II. p. 339. In Henry IV.'s first parliament the commons petitioned for Haxey's restoration, and truly say that his sentence was en aneantissement des custumes de la commune, p. 434. His judgment was reversed by both houses, as having passed de volonté du roy Richard en contre droit et la course quel avoit este devant en parlement. p. 480. There can be no doubt with any man who looks attentively at the passages relative to Haxey that he was a member of parliament; though this was questioned a few years ago by the committee of the house of commons, who made a report on the right of the clergy to be elected; a right which, I am inclined to believe, did exist down to the Reformation, as the grounds alleged for Nowell's expulsion in the first, of Mary, besides this instance of Haxey conspire to prove, though it has since been lost by disuse.[r]This assembly, if we may trust the anonymous author of the Life of Richard II., published by Hearne, was surrounded by the king's troops. p. 133.[s]Rot. Parl, 21 R. II. p. 347.[t]21 R. II. p. 369.[u]13 R. II. p. 256.[x]This proceeding was made one of the articles of charge against Richard in the following terms: Item, in parliamento ultimo celebrato apud Salopiam, idem rex proponens opprimere populum suum procuravit subtiliter et fecit concedi, quod potestas parliamenti de consensu omnium statuum regni sui remaneret apud quasdam certas personas ad terminandum, dissoluto parliamento, certas petitiones in eodem parliamento porrectas protunc minimè expeditas. Cujus concessionis colore personæ sic deputatæ processerunt ad alia generaliter parliamentum illud tangentia; et hoc de voluntate regis; in derogationem statûs parliamenti, et in magnum incommodum totius regni et perniciosum exemplum. Et ut super factis eorum hujusmodi aliquem colorem et auctoritatem viderentur habere, rex fecit rotulos parliamenti pro voto suo mutari et deleri, contra effectum consensionis prædictæ. Rot. Parl. 1 H. IV. vol. iii. p. 418. Whether the last accusation, of altering the parliamentary roll, be true or not, there is enough left in it to prove everything I have asserted in the text. From this it is sufficiently manifest how unfairly Carte and Hume have drawn a parallel between this self-deputed legislative commission and that appointed by parliament to reform the administration eleven years before.[y]Rot. Parl. p. 372, 385.[z]Besides the contemporary historians, we may read a full narrative of these proceedings in the Rolls of Parliament, vol. iii. p. 382. It appears that Mowbray was the most offending party, since, independently of Hereford's accusation, he is charged with openly maintaining the appeals made in the false parliament of the eleventh of the king. But the banishment of his accuser was wholly unjustifiable by any motives that we can discover. It is strange that Carte should express surprise at the sentence upon the duke of Norfolk, while he seems to consider that upon Hereford as very equitable. But he viewed the whole of this reign, and of those that ensued, with the jaundiced eye of Jacobitism.[a]Rot. Parl. 1 H. IV. p. 420, 426; Walsingham, p. 353, 357; Otterburn, p. 199; Vita Ric. II. p. 147.[b]It is fair to observe that Froissart's testimony makes most in favour of the king, or rather against his enemies, where it is most valuable; that is, in his account of what he heard in the English court in 1395, 1. iv. c. 62, where he gives a very indifferent character of the duke of Gloucester. In general this writer is ill-informed of English affairs, and undeserving to be quoted as an authority.[c]Rot. Parl. p. 423.[d]If proof could be required of anything so self-evident as that these assemblies consisted of exactly the same persons, it may be found in their writs of expenses, as published by Prynne, 4th Register, p. 450.[e]2 R. II. p. 56.[f]It is positively laid down by the asserters of civil liberty, in the great case of impositions (Howell's State Trials, vol. ii. p. 443, 507), that no precedents for arbitrary taxation of exports or imports occur from the accession of Richard II. to the reign of Mary.[g]2 R. II. p. 62. This did not find its way to the statute-book.[h]Rymer, t. vii. p. 544.[i]Carte, vol. ii. p. 640. Sir M. Hale observes that he finds no complaints of illegal impositions under the kings of the house of Lancaster. Hargrave's Tracts, vol. i. p. 184.[k]Rymer, t. viii. p. 412, 488.[m]Rot. Parl. vol. iv. p. 216.[n]Id. p. 301.[o]Id. p. 302.[p]Id. vol. iii. p. 546.[q]Id. p. 568.[r]Rot. Parl. vol. iii. p. 453.[s]Id. vol. iv. p. 63.[t]Walsingham, p. 379.[u]Walsingham, p. 210. Ruffhead observes in the margin upon this statute, 8 R. II. c. 3, that it is repealed, but does not take notice what sort of repeal it had.[x]15 R. II. p. 285. See, too, 16 R. II. p. 301, where the same power is renewed in H. IV.'s parliaments.[y]13 H. IV. p. 643.[z]Rot. Parl. v. 4 H. V. p. 6, 9.[a]5 R. II. stat. 2, c. 5; Rot. Parl. 6 R. II. p. 141. Some other instances of the commons attempting to prevent these unfair practices are adduced by Ruffhead, in his preface to the Statutes, and in Prynne's preface to Cotton's Abridgment of the Records. The act 13 R. II. stat. 1, c. 15, that the king's castles and gaols which had been separated from the body of the adjoining counties should be reunited to them, is not founded upon any petition that appears on the roll; and probably, by making search, other instances equally flagrant might be discovered.
[n]These expressions cannot appear too strong. But it is very remarkable that to the parliament of 18 Edward III. the writs appear to have summoned none of the towns, but only the counties. Willis, Notit. Parliament. vol. i. Preface, p. 13. Prynne's Register, 3rd part, p. 144. Yet the citizens and burgesses are once, but only once, named as present in the parliamentary roll; and there is, in general, a chasm in place of their names, where the different ranks present are enumerated. Rot. Parl. vol. ii. p. 146. A subsidy was granted at this parliament; so that, if the citizens and burgesses were really not summoned, it is by far the most violent stretch of power during the reign of Edward III. But I know of no collateral evidence to illustrate or disprove it.
[n]These expressions cannot appear too strong. But it is very remarkable that to the parliament of 18 Edward III. the writs appear to have summoned none of the towns, but only the counties. Willis, Notit. Parliament. vol. i. Preface, p. 13. Prynne's Register, 3rd part, p. 144. Yet the citizens and burgesses are once, but only once, named as present in the parliamentary roll; and there is, in general, a chasm in place of their names, where the different ranks present are enumerated. Rot. Parl. vol. ii. p. 146. A subsidy was granted at this parliament; so that, if the citizens and burgesses were really not summoned, it is by far the most violent stretch of power during the reign of Edward III. But I know of no collateral evidence to illustrate or disprove it.
[o]Tallages were imposed without consent of parliament in 17 E. I. Wykes, p. 117; and in 32 E. I. Brady's Hist. of Eng. vol. ii. In the latter instance the king also gave leave to the lay and spiritual nobility to set a tallage on their own tenants. This was subsequent to the Confirmatio Chartarum, and unquestionably illegal.
[o]Tallages were imposed without consent of parliament in 17 E. I. Wykes, p. 117; and in 32 E. I. Brady's Hist. of Eng. vol. ii. In the latter instance the king also gave leave to the lay and spiritual nobility to set a tallage on their own tenants. This was subsequent to the Confirmatio Chartarum, and unquestionably illegal.
[p]Prynne's 2nd Register. It may be remarked that writs of summons to great councils never ran ad faciendum, but ad tractandum, consulendum et consentiendum; from which some would infer that faciendum had the sense of enacting; since statutes could not be passed in such assemblies. Id. p. 92.
[p]Prynne's 2nd Register. It may be remarked that writs of summons to great councils never ran ad faciendum, but ad tractandum, consulendum et consentiendum; from which some would infer that faciendum had the sense of enacting; since statutes could not be passed in such assemblies. Id. p. 92.
[q]28 E. I., in Prynne's 4th Register, p. 12; 9 E. II. (a great council), p. 48.
[q]28 E. I., in Prynne's 4th Register, p. 12; 9 E. II. (a great council), p. 48.
[r]Brady's Hist. of England, vol. ii. p. 40; Parliamentary History, vol. i. p. 206; Rot. Parl. t. ii. p. 66.
[r]Brady's Hist. of England, vol. ii. p. 40; Parliamentary History, vol. i. p. 206; Rot. Parl. t. ii. p. 66.
[s]Carte, vol. ii. p. 451; Parliamentary History, vol. i. p. 234.
[s]Carte, vol. ii. p. 451; Parliamentary History, vol. i. p. 234.
[t]Rot. Parl. vol. i. p. 289.
[t]Rot. Parl. vol. i. p. 289.
[u]Id. p. 430.
[u]Id. p. 430.
[x]Id. vol. ii. p. 7.
[x]Id. vol. ii. p. 7.
[y]Id. p. 289, 351, 430.
[y]Id. p. 289, 351, 430.
[z]Id. p. 5.
[z]Id. p. 5.
[a]Id. p. 86.
[a]Id. p. 86.
[b]Rot. Parl. vol. i. p. 285.
[b]Rot. Parl. vol. i. p. 285.
[c]4 E. III. c. 14. Annual sessions of parliament seem fully to satisfy the words, and still more the spirit, of this act, and of 36 E. III. c. 10; which however are repealed by implication from the provisions of 6 Will. III. c. 2. But it was very rare under the Plantagenet dynasty for a parliament to continue more than a year.It has been observed that this provision "had probably in view the administration of justice by the king's court in parliament." Report of L. C. p. 301. And in another place:—"It is clear that the word parliament in the reign of Edward I. was not used only to describe a legislative assembly, but was the common appellation of the ordinary assembly of the king's great court or council; and that the legislative assembly of the realm, composed generally, in and after the 23rd of Edward I., of lords spiritual and temporal, and representatives of the commons, was usually convened to meet the king's council in one of these parliaments." p. 171.Certainly the commons could not desire to have an annual parliament in order to make new statutes, much less to grant subsidies. It was, however, important to present their petitions, and to set forth their grievances to this high court. We may easily reconcile the anxiety so often expressed by the commons to have frequent sessions of parliament, with the individual reluctance of members to attend. A few active men procured these petitions, which the majority could not with decency oppose, since the public benefit was generally admitted. But when the writs came down, every pretext was commonly made use of to avoid a troublesome and ill-remunerated journey to Westminster. For the subject of annual parliaments see a valuable article by Allen in the 28th volume of the Edinburgh Review.
[c]4 E. III. c. 14. Annual sessions of parliament seem fully to satisfy the words, and still more the spirit, of this act, and of 36 E. III. c. 10; which however are repealed by implication from the provisions of 6 Will. III. c. 2. But it was very rare under the Plantagenet dynasty for a parliament to continue more than a year.
It has been observed that this provision "had probably in view the administration of justice by the king's court in parliament." Report of L. C. p. 301. And in another place:—"It is clear that the word parliament in the reign of Edward I. was not used only to describe a legislative assembly, but was the common appellation of the ordinary assembly of the king's great court or council; and that the legislative assembly of the realm, composed generally, in and after the 23rd of Edward I., of lords spiritual and temporal, and representatives of the commons, was usually convened to meet the king's council in one of these parliaments." p. 171.
Certainly the commons could not desire to have an annual parliament in order to make new statutes, much less to grant subsidies. It was, however, important to present their petitions, and to set forth their grievances to this high court. We may easily reconcile the anxiety so often expressed by the commons to have frequent sessions of parliament, with the individual reluctance of members to attend. A few active men procured these petitions, which the majority could not with decency oppose, since the public benefit was generally admitted. But when the writs came down, every pretext was commonly made use of to avoid a troublesome and ill-remunerated journey to Westminster. For the subject of annual parliaments see a valuable article by Allen in the 28th volume of the Edinburgh Review.
[d]This article is so expressed as to make it appear that the grievance was the high price of commodities. But as this was the natural effect of a degraded currency, and the whole tenor of these articles relates to abuses of government, I think it must have meant what I have said in the text.
[d]This article is so expressed as to make it appear that the grievance was the high price of commodities. But as this was the natural effect of a degraded currency, and the whole tenor of these articles relates to abuses of government, I think it must have meant what I have said in the text.
[e]Prynne's 2nd Register, p. 68.
[e]Prynne's 2nd Register, p. 68.
[f]Id. p. 75.
[f]Id. p. 75.
[g]Madox, Firma Burgi, p. 6; Rot. Parl. vol. i. p. 449.
[g]Madox, Firma Burgi, p. 6; Rot. Parl. vol. i. p. 449.
[h]Rot. Parl. vol. i. p. 430.
[h]Rot. Parl. vol. i. p. 430.
[i]It is however distinctly specified in stat. 7 Edw. II. and in 12 Edw. II., and equivalent words are found in other statutes. Though often wanting, the testimony to the constitution of parliament is sufficient and conclusive.
[i]It is however distinctly specified in stat. 7 Edw. II. and in 12 Edw. II., and equivalent words are found in other statutes. Though often wanting, the testimony to the constitution of parliament is sufficient and conclusive.
[k]Rot. Parl. vol. i. p. 281.
[k]Rot. Parl. vol. i. p. 281.
[m]Walsingham, p. 97. The Lords' committee "have found no evidence of any writ issued for election of knights, citizens, and burgesses to attend the same meetings; from the subsequent documents it seems probable that none were issued, and that the parliament which assembled at Westminster consisted only of prelates, earls, and barons." p. 259. We have no record of this parliament; but in that of 5 Edw. II. it is recited—Come le seizieme jour de Marz l'an de notre regne tierce, a l'honeur de Dieu et pour le bien de nous et de nostre roiaume, eussions granté de notre franche volonté, par nos lettres ouvertes aux prelatz, countes, et barons,et communes de dit roiaume, qu'ils puissent eslire certain persones des prelatz, comtes, et barons, &c. Rot. Parl. i. 281. The inference therefore of the committee seems erroneous. [NoteVIII.]
[m]Walsingham, p. 97. The Lords' committee "have found no evidence of any writ issued for election of knights, citizens, and burgesses to attend the same meetings; from the subsequent documents it seems probable that none were issued, and that the parliament which assembled at Westminster consisted only of prelates, earls, and barons." p. 259. We have no record of this parliament; but in that of 5 Edw. II. it is recited—Come le seizieme jour de Marz l'an de notre regne tierce, a l'honeur de Dieu et pour le bien de nous et de nostre roiaume, eussions granté de notre franche volonté, par nos lettres ouvertes aux prelatz, countes, et barons,et communes de dit roiaume, qu'ils puissent eslire certain persones des prelatz, comtes, et barons, &c. Rot. Parl. i. 281. The inference therefore of the committee seems erroneous. [NoteVIII.]
[n]"La commonaltée" seems in this place to mean the tenants of land, or commons of the counties, in contradistinction to citizens and burgesses.
[n]"La commonaltée" seems in this place to mean the tenants of land, or commons of the counties, in contradistinction to citizens and burgesses.
[o]Rot. Parl. vol. ii. p. 66. The Lords' committee observe on this passage in the roll of parliament, that "the king's right to tallage his cities, boroughs, and demesnes seems not to have been questioned by the parliament, though the commissions for setting the tallage were objected to." p. 305. But how can we believe that after the representatives of these cities and boroughs had sat, at least at times, for two reigns, and after the explicit renunciation of all right of tallage by Edward I. (for it was never pretended that the king could lay a tallage on any towns which did not hold of himself), there could have been a parliament which "did not question" the legality of a tallage set without their consent? The silence of the rolls of parliament would furnish but a poor argument. But in fact their language is expressive enough. The several ranks of lords and commons grant the fifteenth penny from the commonalty, and the tenth from the cities, boroughs, and demesnes of the king, "that our lord the king may live of his own, and pay for his expenses, and not aggrieve his people by excessive (outraiouses) prises, or otherwise." And upon this the king revokes the commission in the words of the text. Can anything be clearer than that the parliament, though in a much gentler tone than they came afterwards to assume, intimate the illegality of the late tallage? As to any other objection to the commissions, which the committee suppose to have been taken, nothing appears on the roll.
[o]Rot. Parl. vol. ii. p. 66. The Lords' committee observe on this passage in the roll of parliament, that "the king's right to tallage his cities, boroughs, and demesnes seems not to have been questioned by the parliament, though the commissions for setting the tallage were objected to." p. 305. But how can we believe that after the representatives of these cities and boroughs had sat, at least at times, for two reigns, and after the explicit renunciation of all right of tallage by Edward I. (for it was never pretended that the king could lay a tallage on any towns which did not hold of himself), there could have been a parliament which "did not question" the legality of a tallage set without their consent? The silence of the rolls of parliament would furnish but a poor argument. But in fact their language is expressive enough. The several ranks of lords and commons grant the fifteenth penny from the commonalty, and the tenth from the cities, boroughs, and demesnes of the king, "that our lord the king may live of his own, and pay for his expenses, and not aggrieve his people by excessive (outraiouses) prises, or otherwise." And upon this the king revokes the commission in the words of the text. Can anything be clearer than that the parliament, though in a much gentler tone than they came afterwards to assume, intimate the illegality of the late tallage? As to any other objection to the commissions, which the committee suppose to have been taken, nothing appears on the roll.
[p]Rot. Parl. vol. ii. p. 104.
[p]Rot. Parl. vol. ii. p. 104.
[q]Id.
[q]Id.
[r]Rot. Parl. vol. ii. p. 161.
[r]Rot. Parl. vol. ii. p. 161.
[s]Case of impositions in Howell's State Trials, vol. ii. p. 371-519; particularly the argument of Mr. Hakewill. Hale's Treatise on the Customs, in Hargrave's Tracts, vol. i.Edward III. imposed another duty on cloth exported, on the pretence that, as the wool must have paid a tax, he had a right to place the wrought and unwrought article on an equality. The commons remonstrated against this; but it was not repealed. This took place about 22 E. III. Hale's Treatise, p. 175.
[s]Case of impositions in Howell's State Trials, vol. ii. p. 371-519; particularly the argument of Mr. Hakewill. Hale's Treatise on the Customs, in Hargrave's Tracts, vol. i.
Edward III. imposed another duty on cloth exported, on the pretence that, as the wool must have paid a tax, he had a right to place the wrought and unwrought article on an equality. The commons remonstrated against this; but it was not repealed. This took place about 22 E. III. Hale's Treatise, p. 175.
[t]Rot. Parl. p. 160.
[t]Rot. Parl. p. 160.
[u]p. 161, 166, 201.
[u]p. 161, 166, 201.
[x]25 E. III. stat. v. c. 8.
[x]25 E. III. stat. v. c. 8.
[y]Rot. Parl. vol. ii. p. 366.
[y]Rot. Parl. vol. ii. p. 366.
[z]Prynne's 4th Register, p. 289.
[z]Prynne's 4th Register, p. 289.
[a]Rot. Parl. p. 304.
[a]Rot. Parl. p. 304.
[b]Rot. Parl. p. 310. In the mode of levying subsidies a remarkable improvement took place early in the reign of Edward III. Originally two chief taxors were appointed by the king for each county, who named twelve persons in every hundred to assess the moveable estate of all inhabitants according to its real value. But in 8 E. III., on complaint of parliament that these taxors were partial, commissioners were sent round to compound with every town and parish for a gross sum, which was from thenceforth the fixed quota of subsidy, and raised by the inhabitants themselves. Brady on Boroughs, p. 81.
[b]Rot. Parl. p. 310. In the mode of levying subsidies a remarkable improvement took place early in the reign of Edward III. Originally two chief taxors were appointed by the king for each county, who named twelve persons in every hundred to assess the moveable estate of all inhabitants according to its real value. But in 8 E. III., on complaint of parliament that these taxors were partial, commissioners were sent round to compound with every town and parish for a gross sum, which was from thenceforth the fixed quota of subsidy, and raised by the inhabitants themselves. Brady on Boroughs, p. 81.
[c]Laws appear to have been drawn up, and proposed to the two houses by the king, down to the time of Edward I. Hale's Hist. of Common Law, p. 16.Sometimes the representatives of particular places address separate petitions to the king and council; as the citizens of London, the commons of Devonshire, &c. These are intermingled with the general petitions, and both together are for the most part very numerous. In the roll of 50 Edw. III. they amount to 140.
[c]Laws appear to have been drawn up, and proposed to the two houses by the king, down to the time of Edward I. Hale's Hist. of Common Law, p. 16.
Sometimes the representatives of particular places address separate petitions to the king and council; as the citizens of London, the commons of Devonshire, &c. These are intermingled with the general petitions, and both together are for the most part very numerous. In the roll of 50 Edw. III. they amount to 140.
[d]Rot. Parl. p. 239.
[d]Rot. Parl. p. 239.
[e]Rot. Parl. p. 113.
[e]Rot. Parl. p. 113.
[f]p. 280.
[f]p. 280.
[g]"If there be any difference between an ordinance and a statute, as some have collected, it is but only this, that an ordinance is but temporary till confirmed and made perpetual, but a statute is perpetual at first, and so have some ordinances also been." Whitelocke on Parliamentary Writ, vol. ii. p. 297. See Rot. Parl. vol. iii. p. 17; vol. iv. p. 35.
[g]"If there be any difference between an ordinance and a statute, as some have collected, it is but only this, that an ordinance is but temporary till confirmed and made perpetual, but a statute is perpetual at first, and so have some ordinances also been." Whitelocke on Parliamentary Writ, vol. ii. p. 297. See Rot. Parl. vol. iii. p. 17; vol. iv. p. 35.
[h]These may be found in Willis's Notitia Parliamentaria. In 28 E. I. the universities were summoned to send members to a great council in order to defend the king's right to the kingdom of Scotland. 1 Prynne.
[h]These may be found in Willis's Notitia Parliamentaria. In 28 E. I. the universities were summoned to send members to a great council in order to defend the king's right to the kingdom of Scotland. 1 Prynne.
[i]Rot. Parl. ii. 206.
[i]Rot. Parl. ii. 206.
[k]Rot. Parl. ii 253, 257.
[k]Rot. Parl. ii 253, 257.
[m]Id. p. 131.
[m]Id. p. 131.
[n]Rot. Parl. ii. p. 128.
[n]Rot. Parl. ii. p. 128.
[o]Rymer, t. v. p. 282. This instrument betrays in its language Edward's consciousness of the violent step he was taking; and his wish to excuse it as much as possible.
[o]Rymer, t. v. p. 282. This instrument betrays in its language Edward's consciousness of the violent step he was taking; and his wish to excuse it as much as possible.
[p]The commons in the 17th of Edw. III. petition that the statutes made two years before be maintained in their force, having granted for them the subsidies which they enumerate, "which was a great spoiling (rançon) and grievous charge for them." But the king answered that, "perceiving the said statute to be against his oath, and to the blemish of his crown and royalty, and against the law of the land in many points, he had repealed it. But he would have the articles of the said statute examined, and what should be found honourable and profitable to the king and his people put into a new statute, and observed in future." Rot. Parl. ii. 139. But though this is inserted among the petitions, it appears from the roll a little before (p. 139, n. 23), that the statute was actually repealed by common consent; such consent at least being recited, whether truly or not.
[p]The commons in the 17th of Edw. III. petition that the statutes made two years before be maintained in their force, having granted for them the subsidies which they enumerate, "which was a great spoiling (rançon) and grievous charge for them." But the king answered that, "perceiving the said statute to be against his oath, and to the blemish of his crown and royalty, and against the law of the land in many points, he had repealed it. But he would have the articles of the said statute examined, and what should be found honourable and profitable to the king and his people put into a new statute, and observed in future." Rot. Parl. ii. 139. But though this is inserted among the petitions, it appears from the roll a little before (p. 139, n. 23), that the statute was actually repealed by common consent; such consent at least being recited, whether truly or not.
[q]Rymer, t. v. p. 165.
[q]Rymer, t. v. p. 165.
[r]p. 148.
[r]p. 148.
[s]21 E. III. p. 165.
[s]21 E. III. p. 165.
[t]28 E. III. p. 261.
[t]28 E. III. p. 261.
[u]28 E. III. p. 295. Carte says, "the lords and commons, giving this advice separately, declared," &c. Hist. of England, vol. ii. p. 518. I can find no mention of the commons doing this in the roll of parliament.
[u]28 E. III. p. 295. Carte says, "the lords and commons, giving this advice separately, declared," &c. Hist. of England, vol. ii. p. 518. I can find no mention of the commons doing this in the roll of parliament.
[x]Rymer, p. 269.
[x]Rymer, p. 269.
[y]p. 114.
[y]p. 114.
[z]p. 304.
[z]p. 304.
[a]Most of our general historians have slurred over this important session. The best view, perhaps, of its secret history will be found in Lowth's Life of Wykeham; an instructive and elegant work, only to be blamed for marks of that academical point of honour which makes a fellow of a college too indiscriminate an encomiast of its founder. Another modern book may be named with some commendation, though very inferior in its execution, Godwin's Life of Chaucer of which the duke of Lancaster is the political hero.
[a]Most of our general historians have slurred over this important session. The best view, perhaps, of its secret history will be found in Lowth's Life of Wykeham; an instructive and elegant work, only to be blamed for marks of that academical point of honour which makes a fellow of a college too indiscriminate an encomiast of its founder. Another modern book may be named with some commendation, though very inferior in its execution, Godwin's Life of Chaucer of which the duke of Lancaster is the political hero.
[b]Rymer, p. 322.
[b]Rymer, p. 322.
[c]Rymer, p. 322.
[c]Rymer, p. 322.
[d]p. 329.
[d]p. 329.
[e]Anonym. Hist. Edw. III. ad calcem Hemingford, p. 444, 448. Walsingham gives a different reason, p. 192.
[e]Anonym. Hist. Edw. III. ad calcem Hemingford, p. 444, 448. Walsingham gives a different reason, p. 192.
[f]Rot. Parl. p. 374. Not more than six or seven of the knights who had sat in the last parliament were returned to this, as appears by the writs in Prynne's 4th Register, p. 302, 311.
[f]Rot. Parl. p. 374. Not more than six or seven of the knights who had sat in the last parliament were returned to this, as appears by the writs in Prynne's 4th Register, p. 302, 311.
[g]Walsingham, p. 200, says pene omnes; but the list published in Prynne's 4th Register induces me to qualify this loose expression. Alice Perrers had bribed, he tells us, many of the lords and all the lawyers of England; yet by the perseverance of these knights she was convicted.
[g]Walsingham, p. 200, says pene omnes; but the list published in Prynne's 4th Register induces me to qualify this loose expression. Alice Perrers had bribed, he tells us, many of the lords and all the lawyers of England; yet by the perseverance of these knights she was convicted.
[h]Rot. Parl. vol. ii. p. 374.
[h]Rot. Parl. vol. ii. p. 374.
[i]vol. iii. p. 12.
[i]vol. iii. p. 12.
[k]Rot. Parl. vol. iii. p. 12
[k]Rot. Parl. vol. iii. p. 12
[m]Rot. Parl. p. 35-38.
[m]Rot. Parl. p. 35-38.
[n]Id. p. 57.
[n]Id. p. 57.
[o]See p. 47 of this volume.
[o]See p. 47 of this volume.
[p]Nevertheless, the commons repeated it in their schedule of petitions; and received an evasive answer, referring to an ordinance made in the first parliament of the king, the application of which is indefinite. Rot. Parl. p. 82.
[p]Nevertheless, the commons repeated it in their schedule of petitions; and received an evasive answer, referring to an ordinance made in the first parliament of the king, the application of which is indefinite. Rot. Parl. p. 82.
[q]p. 73. In Rymer, t. viii. p. 250, the archbishop of York's name appears among these commissioners, which makes their number sixteen. But it is plain by the instrument that only fifteen were meant to be appointed.
[q]p. 73. In Rymer, t. viii. p. 250, the archbishop of York's name appears among these commissioners, which makes their number sixteen. But it is plain by the instrument that only fifteen were meant to be appointed.
[r]Rot. Parl. 5 R. II. p. 100.
[r]Rot. Parl. 5 R. II. p. 100.
[s]Rot. Parl. 5 R. II. p. 104.
[s]Rot. Parl. 5 R. II. p. 104.
[t]The commons granted a subsidy, 7 R. II., to support Lancaster's war in Castile. R. P. p. 284. Whether the populace changed their opinion of him I know not. He was still disliked by them two years before. The insurgents of 1382 are said to have compelled men to swear that they would obey king Richard and the commons, and that they would accept no king named John. Walsingham, p. 248.
[t]The commons granted a subsidy, 7 R. II., to support Lancaster's war in Castile. R. P. p. 284. Whether the populace changed their opinion of him I know not. He was still disliked by them two years before. The insurgents of 1382 are said to have compelled men to swear that they would obey king Richard and the commons, and that they would accept no king named John. Walsingham, p. 248.
[u]Walsing. p. 290, 315, 317.
[u]Walsing. p. 290, 315, 317.
[x]Rot. Parl. 5 R. II. p. 100; 6 R. II. sess. 1, p. 134.
[x]Rot. Parl. 5 R. II. p. 100; 6 R. II. sess. 1, p. 134.
[y]p. 145.
[y]p. 145.
[z]Rot. Parl. 9 R. II. p. 209.
[z]Rot. Parl. 9 R. II. p. 209.
[a]Ib. p. 213. It is however asserted in the articles of impeachment against Suffolk, and admitted by his defence, that nine lords had been appointed in the last parliament, viz. 9 R. II., to inquire into the state of the household, and reform whatever was amiss. But nothing of this appears in the roll.
[a]Ib. p. 213. It is however asserted in the articles of impeachment against Suffolk, and admitted by his defence, that nine lords had been appointed in the last parliament, viz. 9 R. II., to inquire into the state of the household, and reform whatever was amiss. But nothing of this appears in the roll.
[b]Knyghton, in Twysden x. Script. col. 2680.
[b]Knyghton, in Twysden x. Script. col. 2680.
[c]Upon full consideration, I am much inclined to give credit to this passage of Knyghton, as to the main facts; and perhaps even the speech of Gloucester and the bishop of Ely is more likely to have been made public by them than invented by so jejune an historian. Walsingham indeed says nothing of the matter; but he is so unequally informed and so frequently defective, that we can draw no strong inference from his silence. What most weighs with me is that parliament met on Oct. 1, 1387, and was not dissolved till Nov. 28; a longer period than the business done in it seems to have required; and also that Suffolk, who opened the session as chancellor, is styled "darrein chancellor" in the articles of impeachment against him; so that he must have been removed in the interval, which tallies with Knyghton's story. Besides, it is plain, from the famous questions subsequently put by the king to his judges at Nottingham, that both the right of retiring without a regular dissolution, and the precedent of Edward II., had been discussed in parliament, which does not appear anywhere else than in Knyghton.
[c]Upon full consideration, I am much inclined to give credit to this passage of Knyghton, as to the main facts; and perhaps even the speech of Gloucester and the bishop of Ely is more likely to have been made public by them than invented by so jejune an historian. Walsingham indeed says nothing of the matter; but he is so unequally informed and so frequently defective, that we can draw no strong inference from his silence. What most weighs with me is that parliament met on Oct. 1, 1387, and was not dissolved till Nov. 28; a longer period than the business done in it seems to have required; and also that Suffolk, who opened the session as chancellor, is styled "darrein chancellor" in the articles of impeachment against him; so that he must have been removed in the interval, which tallies with Knyghton's story. Besides, it is plain, from the famous questions subsequently put by the king to his judges at Nottingham, that both the right of retiring without a regular dissolution, and the precedent of Edward II., had been discussed in parliament, which does not appear anywhere else than in Knyghton.
[d]Rot. Parl. vol. iii. p. 219.
[d]Rot. Parl. vol. iii. p. 219.
[e]Articles had been exhibited by the chancellor before the peers, in the seventh of the king, against Spencer, bishop of Norwich, who had led a considerable army in a disastrous expedition against the Flemings, adherents to the anti-pope Clement in the schism. This crusade had been exceedingly popular, but its ill success had the usual effect. The commons were not parties in this proceeding. Rot. Parl. p 153.
[e]Articles had been exhibited by the chancellor before the peers, in the seventh of the king, against Spencer, bishop of Norwich, who had led a considerable army in a disastrous expedition against the Flemings, adherents to the anti-pope Clement in the schism. This crusade had been exceedingly popular, but its ill success had the usual effect. The commons were not parties in this proceeding. Rot. Parl. p 153.
[f]Rot. Parl. p. 221.
[f]Rot. Parl. p. 221.
[g]Rot. Parl. p. 281.
[g]Rot. Parl. p. 281.
[h]The judgment against Simon de Burley, one of those who were executed on this occasion, upon impeachment of the commons, was reversed under Henry IV.; a fair presumption of its injustice. Rot. Parl. vol. iii. p. 464.
[h]The judgment against Simon de Burley, one of those who were executed on this occasion, upon impeachment of the commons, was reversed under Henry IV.; a fair presumption of its injustice. Rot. Parl. vol. iii. p. 464.
[i]Rot. Parl. 14 R II. p. 279; 15 R. II. p. 286.
[i]Rot. Parl. 14 R II. p. 279; 15 R. II. p. 286.
[k]Rot. Parl. 13 R. II. p. 258.
[k]Rot. Parl. 13 R. II. p. 258.
[m]17 R. II. p. 313.
[m]17 R. II. p. 313.
[n]Rymer, t. vii. p. 583, 659.
[n]Rymer, t. vii. p. 583, 659.
[o]Hume has represented this as if the commons had petitioned for the continuance of sheriffs beyond a year, and grounds upon this mistake part of his defence of Richard II. (Note to vol. ii. p. 270, 4to. edit.) For this he refers to Cotton's Abridgment; whether rightly or not I cannot say, being little acquainted with that inaccurate book, upon which it is unfortunate that Hume relied so much. The passage from Walsingham in the same note is also wholly perverted; as the reader will discover without further observation. An historian must be strangely warped who quotes a passage explicitly complaining of illegal acts in order to infer that those very acts were legal.
[o]Hume has represented this as if the commons had petitioned for the continuance of sheriffs beyond a year, and grounds upon this mistake part of his defence of Richard II. (Note to vol. ii. p. 270, 4to. edit.) For this he refers to Cotton's Abridgment; whether rightly or not I cannot say, being little acquainted with that inaccurate book, upon which it is unfortunate that Hume relied so much. The passage from Walsingham in the same note is also wholly perverted; as the reader will discover without further observation. An historian must be strangely warped who quotes a passage explicitly complaining of illegal acts in order to infer that those very acts were legal.
[p]The church would perhaps have interfered in behalf of Haxey if he had only received the tonsure. But it seems that he was actually in orders; for the record calls him Sir Thomas Haxey, a title at that time regularly given to the parson of a parish. If this be so, it is a remarkable authority for the clergy's capacity of sitting in parliament.
[p]The church would perhaps have interfered in behalf of Haxey if he had only received the tonsure. But it seems that he was actually in orders; for the record calls him Sir Thomas Haxey, a title at that time regularly given to the parson of a parish. If this be so, it is a remarkable authority for the clergy's capacity of sitting in parliament.
[q]Rot. Parl. 20 R. II. p. 339. In Henry IV.'s first parliament the commons petitioned for Haxey's restoration, and truly say that his sentence was en aneantissement des custumes de la commune, p. 434. His judgment was reversed by both houses, as having passed de volonté du roy Richard en contre droit et la course quel avoit este devant en parlement. p. 480. There can be no doubt with any man who looks attentively at the passages relative to Haxey that he was a member of parliament; though this was questioned a few years ago by the committee of the house of commons, who made a report on the right of the clergy to be elected; a right which, I am inclined to believe, did exist down to the Reformation, as the grounds alleged for Nowell's expulsion in the first, of Mary, besides this instance of Haxey conspire to prove, though it has since been lost by disuse.
[q]Rot. Parl. 20 R. II. p. 339. In Henry IV.'s first parliament the commons petitioned for Haxey's restoration, and truly say that his sentence was en aneantissement des custumes de la commune, p. 434. His judgment was reversed by both houses, as having passed de volonté du roy Richard en contre droit et la course quel avoit este devant en parlement. p. 480. There can be no doubt with any man who looks attentively at the passages relative to Haxey that he was a member of parliament; though this was questioned a few years ago by the committee of the house of commons, who made a report on the right of the clergy to be elected; a right which, I am inclined to believe, did exist down to the Reformation, as the grounds alleged for Nowell's expulsion in the first, of Mary, besides this instance of Haxey conspire to prove, though it has since been lost by disuse.
[r]This assembly, if we may trust the anonymous author of the Life of Richard II., published by Hearne, was surrounded by the king's troops. p. 133.
[r]This assembly, if we may trust the anonymous author of the Life of Richard II., published by Hearne, was surrounded by the king's troops. p. 133.
[s]Rot. Parl, 21 R. II. p. 347.
[s]Rot. Parl, 21 R. II. p. 347.
[t]21 R. II. p. 369.
[t]21 R. II. p. 369.
[u]13 R. II. p. 256.
[u]13 R. II. p. 256.
[x]This proceeding was made one of the articles of charge against Richard in the following terms: Item, in parliamento ultimo celebrato apud Salopiam, idem rex proponens opprimere populum suum procuravit subtiliter et fecit concedi, quod potestas parliamenti de consensu omnium statuum regni sui remaneret apud quasdam certas personas ad terminandum, dissoluto parliamento, certas petitiones in eodem parliamento porrectas protunc minimè expeditas. Cujus concessionis colore personæ sic deputatæ processerunt ad alia generaliter parliamentum illud tangentia; et hoc de voluntate regis; in derogationem statûs parliamenti, et in magnum incommodum totius regni et perniciosum exemplum. Et ut super factis eorum hujusmodi aliquem colorem et auctoritatem viderentur habere, rex fecit rotulos parliamenti pro voto suo mutari et deleri, contra effectum consensionis prædictæ. Rot. Parl. 1 H. IV. vol. iii. p. 418. Whether the last accusation, of altering the parliamentary roll, be true or not, there is enough left in it to prove everything I have asserted in the text. From this it is sufficiently manifest how unfairly Carte and Hume have drawn a parallel between this self-deputed legislative commission and that appointed by parliament to reform the administration eleven years before.
[x]This proceeding was made one of the articles of charge against Richard in the following terms: Item, in parliamento ultimo celebrato apud Salopiam, idem rex proponens opprimere populum suum procuravit subtiliter et fecit concedi, quod potestas parliamenti de consensu omnium statuum regni sui remaneret apud quasdam certas personas ad terminandum, dissoluto parliamento, certas petitiones in eodem parliamento porrectas protunc minimè expeditas. Cujus concessionis colore personæ sic deputatæ processerunt ad alia generaliter parliamentum illud tangentia; et hoc de voluntate regis; in derogationem statûs parliamenti, et in magnum incommodum totius regni et perniciosum exemplum. Et ut super factis eorum hujusmodi aliquem colorem et auctoritatem viderentur habere, rex fecit rotulos parliamenti pro voto suo mutari et deleri, contra effectum consensionis prædictæ. Rot. Parl. 1 H. IV. vol. iii. p. 418. Whether the last accusation, of altering the parliamentary roll, be true or not, there is enough left in it to prove everything I have asserted in the text. From this it is sufficiently manifest how unfairly Carte and Hume have drawn a parallel between this self-deputed legislative commission and that appointed by parliament to reform the administration eleven years before.
[y]Rot. Parl. p. 372, 385.
[y]Rot. Parl. p. 372, 385.
[z]Besides the contemporary historians, we may read a full narrative of these proceedings in the Rolls of Parliament, vol. iii. p. 382. It appears that Mowbray was the most offending party, since, independently of Hereford's accusation, he is charged with openly maintaining the appeals made in the false parliament of the eleventh of the king. But the banishment of his accuser was wholly unjustifiable by any motives that we can discover. It is strange that Carte should express surprise at the sentence upon the duke of Norfolk, while he seems to consider that upon Hereford as very equitable. But he viewed the whole of this reign, and of those that ensued, with the jaundiced eye of Jacobitism.
[z]Besides the contemporary historians, we may read a full narrative of these proceedings in the Rolls of Parliament, vol. iii. p. 382. It appears that Mowbray was the most offending party, since, independently of Hereford's accusation, he is charged with openly maintaining the appeals made in the false parliament of the eleventh of the king. But the banishment of his accuser was wholly unjustifiable by any motives that we can discover. It is strange that Carte should express surprise at the sentence upon the duke of Norfolk, while he seems to consider that upon Hereford as very equitable. But he viewed the whole of this reign, and of those that ensued, with the jaundiced eye of Jacobitism.
[a]Rot. Parl. 1 H. IV. p. 420, 426; Walsingham, p. 353, 357; Otterburn, p. 199; Vita Ric. II. p. 147.
[a]Rot. Parl. 1 H. IV. p. 420, 426; Walsingham, p. 353, 357; Otterburn, p. 199; Vita Ric. II. p. 147.
[b]It is fair to observe that Froissart's testimony makes most in favour of the king, or rather against his enemies, where it is most valuable; that is, in his account of what he heard in the English court in 1395, 1. iv. c. 62, where he gives a very indifferent character of the duke of Gloucester. In general this writer is ill-informed of English affairs, and undeserving to be quoted as an authority.
[b]It is fair to observe that Froissart's testimony makes most in favour of the king, or rather against his enemies, where it is most valuable; that is, in his account of what he heard in the English court in 1395, 1. iv. c. 62, where he gives a very indifferent character of the duke of Gloucester. In general this writer is ill-informed of English affairs, and undeserving to be quoted as an authority.
[c]Rot. Parl. p. 423.
[c]Rot. Parl. p. 423.
[d]If proof could be required of anything so self-evident as that these assemblies consisted of exactly the same persons, it may be found in their writs of expenses, as published by Prynne, 4th Register, p. 450.
[d]If proof could be required of anything so self-evident as that these assemblies consisted of exactly the same persons, it may be found in their writs of expenses, as published by Prynne, 4th Register, p. 450.
[e]2 R. II. p. 56.
[e]2 R. II. p. 56.
[f]It is positively laid down by the asserters of civil liberty, in the great case of impositions (Howell's State Trials, vol. ii. p. 443, 507), that no precedents for arbitrary taxation of exports or imports occur from the accession of Richard II. to the reign of Mary.
[f]It is positively laid down by the asserters of civil liberty, in the great case of impositions (Howell's State Trials, vol. ii. p. 443, 507), that no precedents for arbitrary taxation of exports or imports occur from the accession of Richard II. to the reign of Mary.
[g]2 R. II. p. 62. This did not find its way to the statute-book.
[g]2 R. II. p. 62. This did not find its way to the statute-book.
[h]Rymer, t. vii. p. 544.
[h]Rymer, t. vii. p. 544.
[i]Carte, vol. ii. p. 640. Sir M. Hale observes that he finds no complaints of illegal impositions under the kings of the house of Lancaster. Hargrave's Tracts, vol. i. p. 184.
[i]Carte, vol. ii. p. 640. Sir M. Hale observes that he finds no complaints of illegal impositions under the kings of the house of Lancaster. Hargrave's Tracts, vol. i. p. 184.
[k]Rymer, t. viii. p. 412, 488.
[k]Rymer, t. viii. p. 412, 488.
[m]Rot. Parl. vol. iv. p. 216.
[m]Rot. Parl. vol. iv. p. 216.
[n]Id. p. 301.
[n]Id. p. 301.
[o]Id. p. 302.
[o]Id. p. 302.
[p]Id. vol. iii. p. 546.
[p]Id. vol. iii. p. 546.
[q]Id. p. 568.
[q]Id. p. 568.
[r]Rot. Parl. vol. iii. p. 453.
[r]Rot. Parl. vol. iii. p. 453.
[s]Id. vol. iv. p. 63.
[s]Id. vol. iv. p. 63.
[t]Walsingham, p. 379.
[t]Walsingham, p. 379.
[u]Walsingham, p. 210. Ruffhead observes in the margin upon this statute, 8 R. II. c. 3, that it is repealed, but does not take notice what sort of repeal it had.
[u]Walsingham, p. 210. Ruffhead observes in the margin upon this statute, 8 R. II. c. 3, that it is repealed, but does not take notice what sort of repeal it had.
[x]15 R. II. p. 285. See, too, 16 R. II. p. 301, where the same power is renewed in H. IV.'s parliaments.
[x]15 R. II. p. 285. See, too, 16 R. II. p. 301, where the same power is renewed in H. IV.'s parliaments.
[y]13 H. IV. p. 643.
[y]13 H. IV. p. 643.
[z]Rot. Parl. v. 4 H. V. p. 6, 9.
[z]Rot. Parl. v. 4 H. V. p. 6, 9.
[a]5 R. II. stat. 2, c. 5; Rot. Parl. 6 R. II. p. 141. Some other instances of the commons attempting to prevent these unfair practices are adduced by Ruffhead, in his preface to the Statutes, and in Prynne's preface to Cotton's Abridgment of the Records. The act 13 R. II. stat. 1, c. 15, that the king's castles and gaols which had been separated from the body of the adjoining counties should be reunited to them, is not founded upon any petition that appears on the roll; and probably, by making search, other instances equally flagrant might be discovered.
[a]5 R. II. stat. 2, c. 5; Rot. Parl. 6 R. II. p. 141. Some other instances of the commons attempting to prevent these unfair practices are adduced by Ruffhead, in his preface to the Statutes, and in Prynne's preface to Cotton's Abridgment of the Records. The act 13 R. II. stat. 1, c. 15, that the king's castles and gaols which had been separated from the body of the adjoining counties should be reunited to them, is not founded upon any petition that appears on the roll; and probably, by making search, other instances equally flagrant might be discovered.