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The Statutes at Large

Owen Ruffhead · 1763

97,795 words · about 6 h 51 min to read

Period artwork: Interior of the Bodleian Library, 1845
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About this book

Author
Owen Ruffhead
Language
English
Published
1763
Length
97,795 words · about 6 h 51 min
Sections
39 reader sections
Text
Digital text
Rights
Public domain

 

Contents (39)
  1. Front matter under 1 min
  2. Volume 1 under 1 min
  3. Crown Debts Act 1275 about 1 min
  4. Dies Communes de Dote (51 Hen3. Stat 3) (1266) about 1 min
  5. Distress Act 1275 (c.16) under 1 min
  6. Distress Act 1275 (c.17) about 2 min
  7. Fines on the County Act about 1 min
  8. Judic. Pillorie (51 Hen3. Stat 6) (1266) about 4 min
  9. Preface about 34 min
  10. Statutum Hibernie de Coheredibus about 2 min
  11. Table of the Publick and Private Statutes about 39 min
  12. The Statute of the Leap Year (21 Hen3.) about 1 min
  13. De Distriction Scaccarii about 18 min
  14. Trespassers in Parks and Ponds Act 1275 about 1 min
  15. Volume 2 under 1 min
  16. For Marriages to stand notwithstanding Pre-contracts (Stat. 32 Hen. 8. C. 38.) (1540) about 4 min
  17. Act of Supremacy 1558 (1 Eliz. c. 1.) about 23 min
  18. Volume 3 under 1 min
  19. An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead. (2 Jac. 1. c. 11.) (1604) about 2 min
  20. An Act to prevent the Destroying and Murthering of Bastard Children. (21 Jac. 1. c. 27.) about 1 min
  21. Volume 4 under 1 min
  22. Volume 5 under 1 min
  23. Poor Relief Act 1722 about 11 min
  24. Norwich, Mayors, Sheriffs, etc. Act 1722 about 9 min
  25. Dunstable Roads Act 1722 under 1 min
  26. Volume 6 under 1 min
  27. Volume 7 under 1 min
  28. An Act for the better preventing of clandestine Marriages. (26 Geo. 2. c. 33) about 12 min
  29. Volume 8 about 1 min
  30. Volume 9 under 1 min
  31. The Editor to the Reader about 24 min
  32. List of Subscribers about 14 min
  33. Additional Acts Omitted from Vol 8 about 23 min
  34. Table of the Publick and Private Statutes about 51 min
  35. Doncaster: Small Debts, Lighting, etc. Act 1763 about 35 min
  36. Kirby, Westmorland: Small Debts Act 1764 about 20 min
  37. Appendix (Contents) about 15 min
  38. 31 Hen. VIII. c. 14 (1539) about 23 min
  39. Hen3. to Hen6. about 37 min

Continue:

Front matter

END of the LAST PARLIAMENT, 1761.

In

1em

Volume 1

END of the REIGN of KING HENRY the SIXTH.

To which is prefixed,

A of the of all the Publick and Private Statutes during that Time.

the

1em

1em

1763.

Crown Debts Act 1275

IN Right of the Sheriffs, or other, which answer by their own Hands unto the Exchequer, and which have received the Kings's Father's Debts, or the King's own Debts before this Time, and have not acquitted the Debtors in the Exchequer. (2) it is provided, That the King shall send good and lawful Men through every Shire, to hear all such as will complain thereof, and to determine the Matters there, (3) that all such as can prove that they have paid, shall be thereof acquitted for ever (whether the Sheriffs or other be living or dead) in a certain Form that shall be delivered to them; (4) and such as have not so done (if they be living) shall be grievously punished. (5) and if they be dead, their Heirs shall answer, and be charged with the Debt. (6) And the King hath commanded, that Sheriffs and other aforesaid, shall from henceforth lawfully acquit the Debtors at the next Accompt after they have received such Debts; and then the Debt shall be allowed in the Exchequer, so that it shall no more come in the Summons; (7) and if the Sheriff otherwise do, and thereof be attained, he shall pay to the Plaintiff thrice as much as he hath received, and shall make Fine at the King's Pleasure. (8) And let every Sheriff take heed, that he have such a Receiver, for whom he will answer; for the the King will be recompensed of all, of the Sheriffs and their Heirs. (9) And if any other, that is answerable to the Exchequer by his own Hands so do, he shall render thrice so much to the Plaintiff, and make Fine in like manner. (10) And that the Sheriffs shall make Tallies as to all such as have paid their Debt to the King; (11) and that the Summons of the Exchequer be shewed to all Debtors that demand a Sight thereof, without denying to any, and that without taking any Reward, and without giving any Thing; and he that doth contrary, the King shall punish him grievously.

Dies Communes de Dote (51 Hen3. Stat 3) (1266)

51Hen3Stat3.1IF the Writ do come in Michaelis, Day shall be given until crastino Animarum; If it come in Michaelis, Day shall be given until crastino Martini; If within three Weeks after the Feast of St. Michael, then in octabis Martini; If in Michaelis, then in quindena Martini; If in crastino Animarum, then in octabis Hilarii; If in crastino Martini, then in quindena Hilarii; If in octabis Martini, then in crastino Purifications; If in quindena Martini, then in octabis Purificationis; If in octabis Hilarii, then in quindena ; If in quindena Hilarii, then in tribus Septimanis Paschæ; If in crastino Purificationis, then in mense Paschæ; If in oc Purificationis, then in crastino Ascensionis; If in quindena Paschæ, then in octabis Trinitatis; If in tribus Septimanis Paschæ, then in quindena Trinitatis ⟨or in Crastino Sancti Johannis Baptiste.⟩; If in mense Paschæ, then in crastino Johannis Baptistæ; If in quinque Septimanas Paschæ, then in octabis Johannis; If in crastino Ascensionis, then in quindena Johannis; If in octabis Trinitatis, then in octabis Michaelis; If in quindena Trinitatis ⟨or in crastino Sancti Johannis Baptiste,⟩ then in quindena Michaelis; If in crastino Johannis Baptistæ, then in tribus Septimanis Michaelis; If in octabis Johannis Baptistæ, then in mense Michaelis; If in quindena Johannis Baptistæ, then in crastino Animarum.

Distress Act 1275 (c.16)

IN right thereof, that some Persons take, and cause to be taken, the Beasts of other, chasing them out of the Shire where the Beasts were taken; it is provided also, That none from henceforth do so; (2) and if any do, he shall make a grievous Fine, as is contained in the Statue of Marlebridge, made in the time of King Henry, Father to the King that now is. (3) And likewise it shall be done to them which take Beasts ⟨wrongfully⟩, and distrain out of their Fee, and shall be more grievously punished, if the Manner of the Trespass do so require.

Distress Act 1275 (c.17)

IT is provided also, That if any from henceforth take the Beasts or other, and cause them to be driven into as Castle or Fortress, and there within the Close of such Castle of Fortress do withhold them against Gage and Pledges, whereupon the Beasts be solemnly demanded by the Sheriff, or by some other Bailiff of the King's; at the Suit of the Plaintiff, the Sheriff or Bailiff, taking with him the Power of the Shire or Bailiwick, do assay to make a Replevin of the Beasts from him that took them, or from his Lord or from other, being Servants of the Lord (whatsover they be) that are found in the Place whereunto the Beasts were chased; if any deforce him of the the Deliverance of the Beasts, or that no Man be found for the Lord, or for him that took them, for to answer and make the Deliverance, after such time as the the Lord or Taker shall be admonished to make Deliverance by the Sheriff or Bailiff, if he be in the Countrey, or near, or there whereas he may be conveniently warned by the Taker, or by any other to make his Deliverance; (2) if he were out of the Countrey when the taking was, and did not cause the Beasts to be delivered incontinent, that the King, for the Trespass and Despite, shall cause the said Castle or Fortress to be beaten down without Recovery; (3) and all the Damages the Plaintiff hath sustained in his Beasts, or in his Gainure, or any otherwise (after the first Demand made by the Sheriff or Bailiff) of the Beasts, shall be restored to him double ⟨by the lord, or⟩ by him that took the Beasts, if he have whereof; (4) and if he have not whereof, he shall have it of the Lord, at what time, or in what manner the Deliverance be made, after the Sheriff or Bailiff shall come to make Deliverance; (5) and it is to wit, that where the Sheriff ought to return the King's Writ to the Bailiff of the Lord of the Castle or Fortress, or to any other, to whom the Return belongeth, if the Bailiff of the Franchise will not make Deliverance after that the Sheriff made his Return unto him, then shall the Sheriff do his Office without further Delay ⟨as is aforesaid⟩, and upon the aforesaid pains: (6) And in like manner Deliverance shall be made by Attachment of Plaint made without Writ, and upon the same pain. (7) And this is to be intended in all Places where the King's Writ lieth. (8) And if that be done in the Marches of Wales, or in any other Place, where the King's Writs be not current, the King, which is Sovereign Lord over all, shall do Right there unto such as will complain.

Fines on the County Act

FOrasmuch as the common Fine and Amerciament of the whole County in Eyre of the Justices for false Judgments, or for other Trespass, is unjustly assessed by the Sheriffs and Baretors in the Shires, so that the Sum is many Times increased, and the Parcels otherwise assessed than they ought to be, to the Damage of the People, which be many Times paid to the Sheriffs and Baretors, which do not acquit the Payers; (2) it is provided, and the King wills, That from henceforth such sums shall be assessed before the Justices in Eyre, afore their Departure, by the Oath of Knights and other honest Men, upon all such as ought to pay; (3) And the Justices shall cause the Parcels to be put into their Estreats, which shall be delivered up unto the Exchequer, and not the whole sum.

Judic. Pillorie (51 Hen3. Stat 6) (1266)

51Hen3Stat6

A Statute of the Pillory and Tumbrel, and of the Assise of Bread and Ale, made Anno 51. Hen. III. Stat. 6. and A.D. 1266.

IF 51Hen3Stat6.1.1a Baker or a Brewer be convict, because he hath not observed the Assise of Bread and Ale, the first, second, and third time, he shall be amerced according to his Offence, if it be not over grievous; but if the Offence be grievous and often, and will not be corrected, then he shall suffer Punishment of the Body, that is to wit, a Baker to the Pillory, and a Brewer to the Tumbrel, or some other Correction. First, six lawful men shall be sworn truly to gather all Measures of the Town, that is to wit, Bushels, half and quarter Bushels, Gallons, Pottles, and Quarts, as well of Taverns as of other Places; Measures and Weights, that is to wit, Pounds, half Pounds, and other little Weights, wherewith Bread of the Town or of the Court is weighed, that is to say, one Loaf of every sort of Bread. And upon every Measure, Bushel, Weight, and also upon every Loaf, the Name of the Owner distinctly written; and likewise they shall gather the Measures of Mills. After which Thing done, twelve lawful Men shall swear to make true Answer to all such Things as shall be demanded of them in the King's Behalf upon Articles here following; and such Things as be secret, they shall utter secretly, and answer privately. And the Bailiffs shall be commanded to bring in all the Bakers and Brewers with their Measures, and all things under written. First, they shall inquire the Price of Wheat, that is to wit, how a Quarter of the best Wheat was sold the last Market-day, and how the second Wheat, and how the third; and how a Quarter of Barley and Oats; after, how the Bakers Bread in the Court doth agree, that is to wit, Wastel and other Bread after Wheat of the best, or of the second, or of the third Price. Also upon how much Increase or Decrease in the Price ⟨of a Quarter⟩ of Wheat a Baker ought to change the Assise and Weight of his Bread. Also how much the Wastel of a Farthing ought to weigh, and all other manner of Bread, after the Price of a Quarter of Wheat that they present. And for default in the Weight of the Bread, a Baker ought to be amerced, or to be judged unto the Pillory, according to the Law and Custom of the Court. Also if any Steward or Bailiff, for any Bribe, doth release Punishment of the Pillory and Tumbrel, being already judged, or to be judged of right.

51Hen3Stat6.2.1II. Also if they have in the Town a Pillory of convenient Strength, as appertaineth to the Liberty of their Market, which they may use (if need be) without bodily Peril either of Man or Woman. After, they shall inquire of the Assise and Price of Wine, after the Departure of the Justices in Eyre, or of them that were last in Office of the Market of the Town; that is to say, of the Vintners Names, and how they sell a Gallon of Wine; and if any corrupted Wine be in the Town, or such as is not wholesome for Man's Body. Also of the Assise of Ale in the Court of the Town how it is, and whether it be observed; and if not, how much Brewers have sold contrary to the Assise; and they shall present their Names distinctly and openly, and that they be amerced for every Default, or be judged to the Tumbrel, if they sell contrary to the Assise.

51Hen3Stat6.3.1III. Also if there be any that sell by one Measure, and buy by another. Also if any do use false Ells, Weights, or Measures. And if any Butcher do sell contagious Flesh, or that died of the Murren. Also they shall inquire of Cooks that seethe Flesh or Fish with Bread or Water, or any otherwise, that is not wholsome for Man's Body, or after that they have kept it so long that it loseth its natural Wholsomeness, and then seethe it again, and sell if; or if any do buy Flesh of Jews, and then sell it to Christians. And also Forestallers, that buy any thing afore the due and accustomed Hour, against the good State and Weal of the Town and Market, or that pass out of the Town to meet such things as come to the Market, being out of the Town, to the intent that they may sell the same in the Town more dear unto Regrators, ⟨that utter it more dear⟩ than they would that brought it, in case they had come to the Town or Market. When a Quarter of Barley is sold for two Shillings, then four Quarts of Ale shall be sold for a Peny; when for two Shillings six Pence then seven Quarts of Ale shall be sold for two Pence; when for three Shillings, then three Quarts for one Peny; when for three Shillings six Pence, then five Quarts for two Pence; when it is sold for four Shillings, then two Quarts at one Peny. And so from henceforth the Prices shall increase and decrease after the rate of six Pence.

Preface

PREFAC

In the rude State of human Government, while peronal Strength and Courage were chiefly held in Eteem, as Qualities mot conducive to Honour and Security, Men yielded with Reluctance to the Obligation of Civil Intitutions, which were calculated to abridge and retrain their natural Rights and Prerogatives.

During this early Dawn of Legilation, the unpolihed Genius of the People, is viible even in the Contruction of their Laws, which are, mot of them, hatily drawn up without Order and without Preciion.

The antient Statutes of this Kingdom, afford abundant Examples of uch Irregularity and Inaccuracy; being, mot of them, formed without any ettled Precedent; and eeming, in particular Intances, rather to be Proviions extorted by ome predominant Influence, than Laws intituted by the concurring Aent of a regular Legilature.

Some Degree of Order, however, beamed forth under the Reign of Edward I, many Laws of that Time being penned with a Brevity and Perpicuity, which might do Honour to more enlightened Days. But till the greater Part of the Statutes even of that Reign, and of thoe immediately ucceeding, are not only vague and unettled in Point of Form, but are ometimes defective in Subtance. In many, there are no Words expreing by what Authority they were promulgated; and in thoe wherein the enacting Authority is declared, it is variouly decribed. In ome Intances, the Laws eem to iue from the King alone; everal Acts running in the Form of Charters and Patents. In others, they eem to proceed from the King and Lords jointly, without the concurring Aent of the Commons.

It is obervable likewie, that Offences are ometimes looely and ambiguouly decribed; and, in many Statutes, no certain Penalty is inflicted on the Offender; whereby the Courts of Jutice were not only entruted with a Latitude of Contruction repecting the Offence, but with a dangerous dicretionary Power of punihing the Delinquent; which afforded room for Partiality and Oppreion.

The Laws of thoe Times were likewise extremely defective with regard to civil Proceedings, whereby, in many Intances, the Courts of Judicature were left open to Temptations, and expoed to Menaces: And, even in the Decline of the feudal Policy, they were eaily corrupted or overawed by the Influence of the Crown, or of ome potent Baron.

The Inconveniencies ariing from uch an imperfect Sytem, wherein Power too often took place of Right, mut, in thoe Days, have been frequently and fatally experienced, more epecially by the Commoners, or inferior Orders, of the State. Their Experience of thee Inconveniencies, taught them to prize the uperior Advantages of civil Intitutions; and as they, by Degrees, were enabled to aert their Independance, and to obtain that Share in the Adminitration of Government, to which they are by Nature intitled, we find that the Legilature applied their Attention to the framing of Laws with greater Preciion and Uniformity, in order more effectually to acertain the Bounds of Jutice, and compel lawles Force to ubmit to the Civil Tribunal.

As Indutry, however, could make but low Advances againt the overbearing Weight of lordly Power, the Commons were not, for a long Time, in a Condition to procure the expres Acknowledgment, much les to maintain the regular Exercie, of their undoubted Rights: And the frequent Struggles among the everal Orders of the Contitution were, in Part perhaps, the Occaion of the vague and unettled Frame of our Statute Law, which, as different Interets predominated, underwent ucceive Alterations, both in Form and Subtance.

Thee Intances of Diorder and Irregularity, among other Circumtances, have given rie to various Objections againt the Validity of everal early Acts, printed in former Collections, and continued in this. Should thee Objections ever prevail, many antient Statutes mut be rejected as utterly invalid; and, to etablih their Authority, is perhaps one of the principal Ends to which an Editor hould direct his Attention. I hall therefore endeavour, in the firt Place, to obviate thee Objections; which will lead me briefly to explain the Method in which our antient Acts of Parliament were paed. I hall then offer ome Obervations on our Statute Law in general: And latly, hall preent the Reader with the Plan of the preent Edition.

It is affirmed in everal Books, that, if a Record mention only that the King enacts, and the Lords aent, without naming the Commons, that the Omiion cannot be upplied by any Intendment: And upon this Principle, the 8 Hen. VI. c. 29. hath, as Serjeant Hawkins oberves, been quetioned by Dyer, and its Authority denied in 1 Int. and the 8th Report. Were this Principle, however, which, as applied to the early Statutes, eems ill grounded, to be admitted for the preent, yet its Force would not invalidate the Authority of the Act in Quetion.

It is obervable, that, in the old Statutes, there was, for the mot Part, a general Preface, or, as ome call it, Prologue, to the everal Articles or Chapters enacted in each Seion, which were entered eriatim on the Roll, without a ingle Break, or even any intervening Punctuation: And they all had Reference to the Preface, which declared the enacting Authority. Thus the Act in Quetion, of the 8 Hen. VI. begins with the following Preface.

"To the Laud and Honour of Almighty God, &c.our mot noble Chritian Lord Henry, &c. by the Advice and Aent of the Prelates and great Men of his Realm of England, and at the pecial Requet and Assent of the Commons of the aid Realm being in the aid Parliament, hath made certain Statutes, &c. in the Form following."

Here we find that, in this Preface, the Aent of the Commons is expresly mentioned: And therefore the Omiion in the 29th Chapter, is to be upplied by Reference, and there is no Need of any Intendment.

But admitting that their Aent could not be upplied by uch Reference, yet, if uch an Omiion hould be deemed ufficient to invalidate a Statute, then the Authority of the greater Part of the early Acts may be denied: For the Aent of the Commons is frequently omitted, more epecially in the enacting Claues of the Statutes prior to the Reign of Henry VII. nay, ometimes is not even inerted in the Preface.

Lord Coke however takes a Ditinction between a general and a particular penning of an Act of Parliament. Thus he allows an Act to be good which runs in thee general Terms: "It is enabled by Authority of Parliament." Or, he likewie admits, that if it be indited "quod Dominus Rex tatuit," yet if it be entered in the Parliament-Roll, and always allowed to be an Act, it hall be intended to have been by Authority of Parliament. But, he concludes, "If it be penned, that the King enacts with the Aent of the Lords, or with the Aent of the Commons, it is not an Act of Parliament, for the Record of the Act expreing which of them gave their Aent, excludeth all Intendments that any other gave their Aent."

This Ditinction however, with due Deference to uch great Authority, does not eem to etablih any olid Difference. For, the Legilature coniting of three Orders, where one alone, the King for Intance, is expreed, there is the ame Ground for excluding all Intendment with regard to the other two, as there is for the Excluion of one, where two only are mentioned: And no valid Reaon can be given, why the Aent of one Order, hould not be intended as well as the Aent of two. Besides, the univeral Reception in Courts of Jutice, eems to be againt his Lordhip's Poition: For the Statute de Malefactoribus in Parcis, where it is aid, that "the King hath commanded, at the Intance of his Nobles," hath always been deemed a Statute. Other Statutes likewie, mentioned by Serjeant Hawkins, uch as Quia emptores terrarum, which is worded as "an Ordinance at the Intance of "the great Men;" Articuli uper chartas, which only mentions the Prelates, Earls, and Barons; and the Statute of Money, which runs in the ame Form, have been univerally received as Acts of the whole Legilature, though particularly penned, and omitting the Commons.

But the Doctrine laid down by Lord Coke and others, will appear the more indefenible, if we take a retropective View of the antient Method of paing Acts of Parliament, wherein we hall find, that the concurring Aent of the everal Orders of the State was not for ome time held eentially requiite; and that after the Commons were retored, as a Part of the Legilature, their Influence was o inconiderable, that it was many Years before their Right of Aent in particular was fully acknowledged and etablihed in Practice.

Concerning the antient Method of paing Laws, during the Britih and Saxon Times, we can conclude little with Certainty. The Britih Kifrithin, or Great Council, eems to have been rather an occaional and tumultuary Meeting, than an Aembly compoed of regular and ditinct Orders. With regard however to the Saxon Contitution, though we cannot trace the Forms on which the everal Orders of the State concurred in the Buines of Legilation, yet we frequently find expres Mention of the People in the Saxon Laws: And it may, among other Circumtances, be collected even from the Nature and Deign of the Folcmote, that they bore no inconiderable Share in the Adminitration of Government; as many have, with good Reaon, contended.

We may nevertheles venture to conclude, that the Authority of the Commons, however contitutionally extenive in Point of Right, oon became very inconiderable in Effect. We may indeed judge of the Weaknes of their Influence, by attending to the unequal Balance of Property among the Saxons; which is, perhaps, one of the uret Rules to determine the repective Powers of the different Orders of the Contitution. And indeed it appears to have been o mall, that it is no won we find the Traces of it for ome Time effaced by the Revolution effected under William the Norman.

While the feodal Sytem which he introduced, or rather, perhaps, extended , was preerved in its full Vigour, we find no expres Mention of the Commons. But the great Oppoition the ucceeding Kings met with from the enormous Power of the Barons, and the Struggles between regal and aritocratical Tyranny, occaioned the Decline of that Sytem; and, with other concurring Circumtances, gradually made Way for the Retoration of the Commons into the Great Council. As the greater Baronies echeated, they were, in order to leen the Influence of the Nobility, portioned out into leer Tenures, in Capite; and thee Tenants were called the Leer Barons; who had a Right of attending the Parliament. Their Number, according to Gilbert, was at one Time three thouand: Their Attendance conequently becoming inconvenient, if not impoible, two Knights were at length ummoned from each County, in the Room of thee Leer Barons.

The firt Summons of thee Knights, extant on Record, is the 49th of Henry III. And it doth not appear that the Citizens and Burgees, who were, at that time, the true Commons of the Realm, were regularly ummoned at this Time. All we find is, that the Cities of York and Lincoln, and other Boroughs of England, were written to, and required to end two of the mot dicreet Men, &c.

The firt regular Summons we meet with, directed to the Sheriff, for the Election of Citizens and Burgees, is in the 23d of Edward I. The Commons had by

this Time obtained some Share of Influence: But such was the little Regard paid to their Rights, that their Assent was not, for a long Time after, held essential to the enacting of Laws.

Even the Barons themselves were, for some Time, considered merely as Counsellors, and, aspiring also to the Honours of the Chace, with the romantic Glory of Chivalry, they were glad to be relieved from the speculative Business of Legislation, which they willingly committed to the King and his Judges.

But as greater Refinement took Place, they not only asserted their Right of Assent to Acts of Legislation, but, while their Influence was predominant, they, in fact, bid open Defiance to the Crown.

The Commons seem at first, among other Reasons, to have been opposed as a Counterbalance to their exorbitant Power: And they naturally adhered to the Sovereign, from Aversion to the Barons, who were no less their Oppressors, than Opponents to the Crown.

The Commons were for a long Time, nevertheless, so far from being considered as essential Branches of the Legislature, that even after they were unquestionably restored to Parliament, yet we find that they were not constantly and regularly summoned as a distinct Order, the Sheriffs omitting them at Pleasure; and the King sometimes, in the Writ of Summons, expressly naming the Representatives which the Sheriffs were to return.

Their Attendance was, for a long Time, deemed a Burthen both to Representatives and Constituents; and though after Election the Members gave Security for their Attendance, yet it is common to find the Parliament adjourned, because many of the Commons were not come, nor the Writs returned.

In most of the antient Statutes, they are not so much as named: And in several, even where they are mentioned, they are distinguished as Petitioners merely, the Assent of the Lords, being expressed in Contradistinction to the Request of the Commons.

One of the principal Causes, however, of their being summoned, which was to procure their Consent to the levying of Taxes, naturally contributed to extend and enlarge their Influence; for, after they had granted Supplies to the King, in which they were sometimes emulously and ostentatiously liberal, they reasonably expected some Return for their Liberality. Accordingly, after having provided for the King's Necessities, they took Occasion to present Petitions for the Redress of Grievances; from which Petitions, most of our early Statutes are framed. This Method of framing the Acts, seems to have taken rise from near the Beginning of the Reign of Ed. III. For, till then, the Acts were drawn up in the Form of a Law, in the first Instance; but, from that Time, the Petition, with the King's Answer, was entered on the Parliament Rolls, and from them, by Advice of the Judges, and others of the King's Council, the Act was framed, and for the most part entered in a Roll called the Statute Roll, and the Tenor thereof affixed to Proclamation Writs, directed to the several Sheriffs to proclaim it as a Law in their respective Counties.

Many Acts, however, though undoubtedly valid, were not entered on the Statute Roll: For if the Bill did not demand Novel Ley, that is, if the Provision re would stand with the Laws in Force, and did not tend to change or alter any Statute then in being, in such Case the Law was compleat by the Royal Assent on the Parliament Roll, without any Entry on the Statute Roll: And such Bills were usually termed Ordinances, being such as might at any Time be amended by the Parliament without any Statute; whereas one Statute could not be altered but by another: And this Distinction is clearly expressed in the Rolls here-under cited.

When the Commons had obtained Answers to their Petitions, such as were granted were framed into Acts, and frequently passed, without their Concurrence or Inspection. And their Assent, though an undoubted Right, was so far from being indisputably established in Practice, that we find it disputed in the most essential Points, and arbitrarily over-ruled during the Reigns of Edward III. and Richard II.

Nevertheless the Commons, in the Reign Rich. II. had gained a very considerable Ascendancy; for, in the first Year of the succeeding King, they even attempted to share with the Lords in their judicial Capacity: But the Archbishop of Canterbury, by the King's Command, told them, that "they were only Petitioners; and that all Judgments appertain to the King and to the Lords, unless it were in Statutes, Grants, Subsidies, or such like; the which Order the King would have from that Time to be observed."

By this concluding Exception, we find the legislative Right of the Commons expressly acknowledged in Terms, yet it was still so little regarded in Practice, that it was again invaded the very next Year: And the 2d of Hen. IV. c. 15. was passed, though the Commons never assented to it, but, on the contrary, disavowed it. The Force of that Act, nevertheless, was felt till the Reigns of Hen. VIII. and Ed. VI. Nay, afterwards, in Mary’s Time, till its final Repeal in the Reign of Queen Elizabeth. Instances of this Kind probably gave Birth to the Petition in the 8 of Hen. IV. when "it was enacted, at the Request of the Commons, that certain of the Commons House should be present at the engrossing of the Parliament Roll."

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