moned; and those summoned to parliament in 23 Edward I. EDWARD I. were only fifty-three; and of the ninety-nine summoned in 1272-1307. 11 Edward I. to Shrewsbury, above sixty were not summoned to the parliament at Westminster in 23 Edward I., nor were any persons of the same surname summoned to the latter parliament. In fact, after the twenty-third year of his reign, he seems to have frequently omitted to summon by special writs, persons whom he had before summoned, and, in many instances, did not summon the descendants of persons, who had been summoned during their lives". licy of the king ment. The desire of the king to withstand the papal encroach- Conciliatory poments, probably contributed, with his pecuniary wants, to towards parliaimpose on him the necessity, of deferring much to his parliament in the latter part of his reign, and of considering that assembly, when convened for legislative purposes, as a body generally representing the whole people of the kingdom. king. lisle." But, notwithstanding, at the close of his reign, he took Dispensing upon himself (to a certain extent) to supersede the authority power of the of the parliament of the thirty-third year of his reign, by qualifying the execution of the "Statute of Carlisle," which "Statute of Carseems to show, that the principles of a constitutional government were not then perfectly understood, or were not well settled by practice; or that the crown assumed a dispensing power, not consistent with the supremacy of a legislative assembly, in matters of legislation. Edward, throughout his reign, sometimes submitted to the control of parliament, and on other occasions usurped an authority in opposition to that control, which demonstrates, not only his unwillingness to submit to that control, but a want of certainty as to the authority, both of the king and of parliament:-but subsequent practice, and acquiescence in practice, have generated what may be deemed a custom, though not of very ancient origin, and thus formed the law, by which the constitution of the legislative assemblies of this country, have been brought to their present state. Uncertain cha royal and parliamentary autho racter of the rity. barons, and the By concessions to the commons, our kings maintained and The king, extended their prerogatives over the barons. By espousing clergy, so many the national interest, the barons continued able to cope with factions in the the crown, till they broke among themselves; nay, even the 39 1 Rep. Dig. Peer. 190, 191. state. EDWARD I. church, notwithstanding that ancient and close alliance be1272-1307. tween secular and ecclesiastical tyranny, was forced, on some few occasions, to be a friend to the liberties of the people. Vices of man tunes of a coun The king, the barons, and the clergy, as Bolingbroke justly observes, were all, in reality, enemies to public liberty. Their party were so many factions in the nation; yet they all helped, in their turns, to establish liberty. In truth everything, even the vices of mankind, and the kind, and misfor- misfortunes of a country, will turn to the advantage of liberty, try, advantage- where the spirit of it is maintained with vigour; as everything, even the good qualities of mankind, and the prosperity of a country, may operate a contrary effect, where this spirit is suffered to decline. ous to liberty. EDWARD II. 1307-1327. Coronation oath recognises the limited power of the crown. SECTION VI. EDWARD II., July 7, a.d. 1307,—January 20, A.D. 1327. 1. Increased Spirit of Liberty. 2. Legislative Assemblies. 1. Increased Spirit of Liberty. The rising spirit of resistance to assumptions of arbitrary had manifested itself on different occasions; and power, though repressed in some degree, by the ability and address of Edward, it was actively exerted under the contemptible administration of his son, who permitted the whole machine of government to be torn in pieces, with fury and violence. Edward II., at his coronation, swore to grant, observe, and confirm to the people of England, the laws and customs granted to them by the ancient kings of England, his predecessors, and particularly the laws, customs, and franchises granted to the clergy and people by Edward the Confessor; and that he would grant to hold and keep the laws and customs, which the commonalty (communaute) of the kingdom should have elected1. This oath recognised, not only the limitation of the royal power by existing laws, but that the power of altering these 40 Boling. Hist. Eng. 49. 1 Fœdera, N. E. tom. ii.. 36. 1307-1327. laws, and enacting others, could only be exercised with the EDWARD II. consent of the "communaute,"-words which, in the existing state of things, could be alone considered as meaning, the "lords and commons" assembled in parliament, and representing the whole "commonalty of the realm,”—as had been practised in 23 Edward I. ances required In 2 Edward II. the commons granted the twenty-fifth Redress of griev penny of their goods, upon this condition, that "the king commons. should take advice and grant them redress upon certain articles wherein they were aggrieved;" and which were eleven in number, and to the following effect:-1. That the king's purveyors seized great quantities of victuals without payment; 2. That new customs were set on wine, cloth, and other imports; 3. That the current coin was not so good as formerly: 4. and 5. That the steward and marshal enlarged their jurisdiction beyond measure, to the oppression of the people; 6. That the commons found none to receive petitions addressed to the council; 7. That the collectors of the king's dues (pernours des prises) in towns and at fairs, took more than was lawful; 8. That men were delayed in their civil suits by writs of protection; 9. That felons escaped punishment by procuring charters of pardon; 10. That the constables of the king's castles took cognizance of common pleas; 11. That the king's escheators ousted men of lands held by good title, under pretence of an inquest of office. ances granted. The king distinctly promised to redress these grievances, Redress of grievbut as to the augmented customs on imports, he evasively answered, "that he would take them off, till he should perceive, whether himself and his people derived advantage from so doing, and act thereupon as he should be advised;" accordingly, the next year, he issued writs to collect these new customs again3. Edward was, by an assembly composed of prelates, earls, and barons, put under control by ordinances, in consequence of which, the royal authority was almost annihilated, and a tyrannical aristocracy established'; but such proceedings were 2 1 Rot. Parl. 441. Prynne's 2 Register, 68. 3 Hallam's Middle Ages, 58, 59. 2 Lingard, 491. 4 Fœdera, N. E. tom. ii. 105. 33 Hallam's Middle Ages, 60. Prynne's 2 Register, 75. 1 Rot. Parl. 281, 447. Ryley, Plac. Parl. 526, 529, 530, 541. 3 Rymer, 337. 8 Henry, 133. 2 Lingard, 494-497. 2 Hume, 333, 334. 1 Stat. Realm, 157, 158. The crown con trolled by ordi ances 1307-1327. EDWARD II. subsequently treated as an unconstitutional assumption of power, and therefore annulled": the king, however, wanted ability to avail himself of his resources, when relieved from the restraints to which he had been subjected, and his misconduct, with the consequent discontent of his people, were productive of the events which ended in his death". Imperfect preservation of records. Dispensing power. Award of exile of Hugh le Despencer. 64 peers of the land." 2. Legislative Assemblies. During the reign of Edward II. the Rolls of Parliament are imperfect, and all the other documents imperfectly preserved, arising from the disturbed state of the country, and from omissions in entering the public transactions on record. Apparent irregularity prevailed in the constitution of the legislative assemblies, for even in the eighth year of this reign, the king and his council assumed the power of acting legislatively in certain cases, even upon subjects determined by statute, "notwithstanding the statute," and on such proceedings, seems to have been founded the claim of a dispensing power in the crown'. Of the proceedings in parliament under the writs of May 152, 14 Edward II., there is no evidence in the printed collection of Rolls; but in the authorised collection of Statutes, the award of exile of Hugh le Despencer annexed to the Close Roll of 15 Edward II. has been inserted. This instrument is remarkable as First mention of being the first, in which the earls and barons are styled "peers of the land," an appellation since constantly appropriated to the temporal lords of parliament; and although the prelates and commons are made parties to the instrument, yet it is observable that, the award of exile is by the "peers of the land, earls and barons," without mention either of the prelates or of the commons; at the same time, the consent for the return of the Despencers is required to be that, of the prelates, earls, and barons in parliament duly assembled, but still without mentioning the commons; in fact, until 15 Edward II., it was not distinctly understood, that to make a law on every subject, 55 Parl. Hist. 176. 2 Lingard, 531. 8 Henry, 133. 6 2 Hume, 352-362. 2 Lingard, 534-550. 1 Rot. Parl. 8 Edward II. 292. 2 Claus. 14 Edward II. in dors. m. 5. 1307-1327. the consent of the commons was necessary; it being thought EDWARD II. sufficient, if the sanction of those should be given, whose interests were to be directly and immediately affected3. The assent of the commons does, however, appear in two revolutionary proceedings, the appointment of the lords ordainers in 1312', and that of Prince Edward as guardian of the realm, in the rebellion which ended in the king's dethronement; and the commons were consulted upon the ordinances to be made for the reformation of the government. In the former case, it indicates that, the aristocratic party then combined against the crown, were desirous of conciliating popularity; in the latter case, the deposition of Edward II., the commons' assent was pretended, in order to give more speciousness to the transaction3. The most important document of this reign is Stat. 15 Edward II., by which it was enacted that, for ever there after all manner of ordinances or provisions, made by the subjects of the king or his heirs, by any power or authority whatsoever, concerning the royal power of the king or his heirs, or against the estate of the crown, should be void, and of no avail or force whatsoever; but the matters to be established for the estate of the king and of his heirs, and for the estate of the realm, and of the people, should be treated, accorded, and established in parliaments by the king, and by the assent of the prelates, earls, and barons, and the commonalty of the realm, according as had been before accustomed. Legislative au thority enacted to be in the king, lords, and com mons. the king and This statute therefore declared the legislative authority for Legislative the estate of the king, and for the estate of the realm and of power vested in the people, to reside only in the king, with the assent of the parliament. prelates, earls, barons, and commons, assembled in parliament; and that every legislative act not done by that authority, should be deemed void, and of no effect. left untouched. But it is observable that this act speaks only of the legis- Judicial power lative power. It leaves untouched the judicial power in parliament, in which that portion of the parliament described in the act, by the words, "the commonalty of the realm," had never taken any part, and who afterwards, in the reign of Henry IV., disclaimed a right from interference. 31 Rot. Parl. Edward II. App. 443. 2 Prynne, 68-72. Fœdera, N. E. tom. ii. 84. 3 Hallam's Middle Ages, 58. 4 1 Rot. Parl. 281. Walsing. 97. 5 Ex. mag. rot. Stat. m. 31. |