RICHARD II. 1377-1399. Prerogative of the king to erect to increase the number of the commons. But the statute must be considered as having left open to the sovereign, the erection of new bishoprics with the dignity of lord of parliament annexed, or of founding abbeys and bishoprics, and priories with the addition of the like dignity, or the grant of the dignity to abbots and priors of more early foundation, together with the creation of peers, with new or ancient names of dignity, and with general or special limitations; and also the power of giving to other counties, cities, and boroughs, the right of sending representatives to parliament: in fact, all these powers were subsequently exercised by the king alone, as well as with the concurrence of the lords and commons in parliament. Perpetual right of boroughs to send representatives, after hav ing once been required so to do. Case of Lord James I. assumed also the power of granting the right of representation to the two universities of Oxford and Cambridge; bodies not falling under the description of cities and boroughs as used in this statute, and it is very doubtful whether they can be considered as within the description of the word "communities." The Parliament of 1640 seems to have recognised that the right of boroughs, if once required to send members of parliament, was a perpetual right, incapable of being defeated or lost by non user or otherwise, and writs were issued for the election of members for boroughs which, before 5 Richard II., had ceased to send members of parliament; but this was only acted upon partially. The House of Lords, on the contrary, in the case of Lord Frescheville, seems to have considered a writ of summons in the reign of Edward I., without any subsequent writ, as not having created, of itself, a prescriptive title to hereditary succession. Privy council summon an as pecuniary re sources. 3. Pecuniary Impositions. Although Edward III. had claimed an arbitrary right to sembly to obtain levy taxes in cases of public necessity or danger, it was repudiated in 2 Richard II.; for, when the realm was in imminent danger of invasion, the privy council convoked an assembly of peers and other great men, probably with a view to avoid the summoning of a parliament. This assembly lent their own money, but declared that they could not provide a remedy without charging the commons, which could not be done out of parliament, advising that one should be speedily sum- RICHARD II. moned'. 2 1377-1399. pope. In 11 Richard II. complaint was made in parliament of Exactions by the impositions on the clergy of the kingdom by the pope, praying the king to provide remedy against such exactions; and in the same parliament it was granted by the king, that nothing should be levied or paid in burden or damage of the kingdom; and an imposition having been, notwithstanding, made by the pope on the clergy, and levied by authority of the archbishops upon their suffragans, without the common council and assent of the kingdom, writs were directed to the persons employed for the purpose, to forbear levying such impositions. levied without universal con These proceedings declare that, according to the constitu- No tax can be tion of the government, no imposition could be made on the people of England, without the common council and assent of sent. the kingdom; and that the king was advised that, there existed no other power besides parliament, by which any such imposition could be made: and though his grandfather had acted in derogation of this general right, Richard II. always had recourse to parliament to authorize any pecuniary imposition on the people. Attempts by the clergy to separate themselves from the laity. Assent of clergy not requisite for The clergy made frequent, but unsuccessful, attempts to separate themselves from the laity, and, as a distinct estate of the realm, to have a negative on all the proceeding in parliament, and thus to place the separate conventions of the clergy as a control on the lords and commons: but the assent of the clergy, as a body, was not essential to any statute or ordi- the enactment of nance; because they had seats in parliament, only in respect of laws. their temporal estates; and the several statutes made, controlling the power of the see of Rome, were generally enacted, not only without the assent of the prelates, but, in some instances notwithstanding their express refusal to give such assent, and their declaration that, giving such assent, would have been in breach of their oaths of obedience to the see of Rome 1. The deposition of the king occurred at a time, when everything seemed to contribute to his support, in the exercise of that arbitrary power which he had assumed. Those whom he had reason to fear, were removed either by violent death 1 2 Hallam's Const. Hist. 27. 2 Ibid. 348. 2 Rot. Parl. Richard II. 405. Deposition of the king occurred, appeared to consupport. when everything tribute to his RICHARD II. 1377-1399. Events which or banishment, and others were secured in his interest by places or favours at court. The great offices of the crown, and the magistracy of the whole kingdom, were put into such hands as were fit for his designs; besides which, he had a packed and servile parliament 3. But the same spirit of liberty which had been so slow to act under so many provocations, acted with the greatest vigour when it was least expected. The armies would not fight for the king against their tion of the king. Country; some of his ministers were hanged, particularly those who had been the great instruments of taxing and oppressing the people; and the king, in his distress, saw himself forsaken by those, whom he should have forsaken before; the very men who had so much flattered him with their excessive love and loyalty, and, like those mean insects which live with a little warmth, but shrink at any change of weather; they, who had contributed to all his errors in prosperity, transplanted their zeal into the new sunshine, as soon as his successor demanded the crown. |