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enacting clauses; nor in the reigns ensuing, till the 9 Edward III., nor in any of the enacting clauses of 16 Richard II. Nay, even so low as Henry VI., from the beginning till the eighth of his reign, the assent of the commons is not once expressed in any enacting clause. See preface to Ruffhead's edit, of the Statutes, p. 7. If it should be asserted, that the commons had really given their assent to these statutes, though they are not expressly mentioned, this very omission, proceeding, if you will, from carelessness, is a proof how little they were respected. The commons were so little accustomed to transact public business, that they had no speaker till after the parliament 6 Edward III. See Prynne's preface to Cotton's Abridg.: not till the first of Richard II. in the opinion of most antiquaries. The commons were very unwilling to meddle in any state affairs, and commonly either referred themselves to the lords, or desired a select committee of that house to assist them, as appears from Cotton. 5 Edw. III. n. 5; 15 Edw. III. a. 17; 21 Edw. III. n. 5; 47 Edw. III. n. 5; 50 Edw. III. n. 10; 51 Edw. III. n. 18; 1 Rich. II. n. 12; 2 Rich. II. n. 12; 5 Rich. II. n 14; 2 parl. 6 Rich. II. n. 14; parl. 2, 6 Rich. II. n. 8, etc.] [Footnote 5: NOTE E, p. 105. It was very agreeable to the maxims of all the feudal governments, that every order of the state should give their consent to the acts which more immediately concerned them; and as the notion of a political system was not then so well understood, the other orders of the state were often not consulted on these occasions. In this reign, even the merchants, though no public body, granted the king impositions on merchandise, because the first payments came out of their pockets. They did the same in the reign of Edward III.; but the commons had then observed that the people paid these duties, though the merchants advanced them; and they therefore remonstrated against this practice. Cotton's Abridg. p. 39. The taxes imposed by the knights on the counties were always lighter than those which the burgesses laid on the boroughs; a presumption, that in voting those taxes the knights and burgesses did not form the same house. See Chancellor West's Inquiry into the Manner of creating Peers, p. 8. But there are so many proofs, that those two orders of representative were long separate, that it is needless to insist on them. Mr. Carte, who had carefully consulted the rolls of pa
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