FREE BOOKS

Author's List




PREV.   NEXT  
|<   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292  
293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   >>   >|  
Edward's reign had not been in general somewhat arbitrary, and if the Great Charter had not been frequently violated, the parliament would never have applied for these frequent confirmations, which could add no force to a deed regularly observed, and which could serve to no other purpose, than to prevent the contrary precedents from turning into a rule, and acquiring authority. It was indeed the effect of the irregular government during those ages, that a statute which had been enacted some years, instead of acquiring, was imagined to lose, force by time, and needed to be often renewed by recent statutes of the same sense and tenor. Hence likewise that general clause, so frequent in old acts of parliament, that the statutes, enacted by the king's progenitors, should be observed;[**] a precaution which, if we do not consider the circumstances of the times, might appear absurd and ridiculous. The frequent confirmations in general terms of the privileges of the church proceeded from the same cause. It is a clause in one of Edward's statutes, "that no man, of what estate or condition soever, shall be put out of land or tenement, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought in answer by due process of the law."[***] This privilege was sufficiently secured by a clause of the Great Charter, which had received a general confirmation in the first chapter of the same statute. Why then is the clause so anxiously, and, as we may think, so superfluously repeated? Plainly, because there had been some late infringements of it, which gave umbrage to the commons.[****] * 4 Edward III. cap. 14. ** 36 Edward III. cap. 1. 37 Edward III. cap. 1, etc. *** 28 Edward III. cap. 3. **** They assert, in the fifteenth of this reign, that there had been such instances. Cotton's Abridg. p. 31. They repeat the same in the twenty-first year. See p. 59. But there is no article in which the laws are more frequently repeated during this reign, almost in the same terms, than that of purveyance which the parliament always calls an outrageous and intolerable grievance, and the source of infinite damage to the people.[*] The parliament tried to abolish this prerogative altogether, by prohibiting any one from taking goods without the consent of the owners,[**] and by changing the heinous name of purveyors, as they term it, into that of buyers;[***] but the arbitrary conduct of Edw
PREV.   NEXT  
|<   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292  
293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   >>   >|  



Top keywords:

Edward

 

clause

 
parliament
 

general

 
statutes
 

frequent

 

frequently

 
arbitrary
 

statute

 

enacted


observed

 

repeated

 

Charter

 
acquiring
 

confirmations

 

Cotton

 
instances
 

fifteenth

 

assert

 

commons


chapter
 

superfluously

 
Plainly
 
anxiously
 

umbrage

 
infringements
 

taking

 

consent

 

prohibiting

 

altogether


people

 

abolish

 

prerogative

 
owners
 

changing

 

buyers

 

conduct

 

heinous

 

purveyors

 

damage


infinite

 

article

 
repeat
 

twenty

 

outrageous

 

intolerable

 

grievance

 

source

 

confirmation

 
purveyance