ontains many extraordinary positions and pretensions. He
first asserts, that that statute had been enacted contrary to law, as
if a free legislative body could ever do any thing illegal. He next
affirms, that as it was hurtful to the prerogatives of the crown, which
he had sworn to defend, he had only dissembled when he seemed to ratify
it, but that he had never in his own breast given his assent to it. He
does not pretend that either he or the parliament lay under force; but
only that some inconvenience would have ensued, had he not seemingly
affixed his sanction to that pretended statute. He therefore, with the
advice of his council and of some earls and barons, abrogates and annuls
it; and though he professes himself willing and determined to observe
such articles of it as were formerly law, he declares it to have
thenceforth no force or authority.[**] The parliaments that were
afterwards assembled took no notice of this arbitrary exertion of royal
power, which, by a parity of reason, left all their laws at the mercy
of the king; and, during the course of two years, Edward had so
far reestablished his influence, and freed himself from his present
necessities, that he then obtained from his parliament a legal repeal
of the obnoxious statute.[***] This transaction certainly contains
remarkable circumstances, which discover the manners and sentiments of
the age; and may prove what inaccurate work might be expected from such
rude hands, when employed in legislation, and in rearing the delicate
fabric of laws and a constitution.
* Statutes at large, 15 Edward III. That this protest of the
king's was secret appears evidently, since otherwise it
would have been ridiculous in the parliament to have
accepted of his assent: besides, the king owns that he
dissembled, which would not have been the ease had his
protest been public.
** Statutes at large, 15 Edward III.
*** Cotton's Abridg. p. 38, 39. and saw so little prospect
of success, that he would probably have dropped his claim,
had not a revolution in Brittany opened to him more
promising views, and given his enterprising genius a full
opportunity of displaying itself.
But though Edward had happily recovered his authority at home, which had
been impaired by the events of the French war, he had undergone so many
mortifications from that attempt.
John III., duke of Brittany, had, during some years, found h
|