er the king's writ in
the second year of the same king.[342] Upon other occasions during the
same reign, where the representatives of the clergy are alluded to as a
deliberative body, sitting at the same time with the parliament, it is
impossible to ascertain its constitution; and, indeed, even from those
already cited we cannot draw any positive inference.[343] But whether in
convocation or in parliament, they certainly formed a legislative
council in ecclesiastical matters by the advice and consent of which
alone, without that of the commons (I can say nothing as to the lords),
Edward III. and even Richard II. enacted laws to bind the laity. I have
mentioned in a different place a still more conspicuous instance of this
assumed prerogative; namely, the memorable statute against heresy in the
second of Henry IV.; which can hardly be deemed anything else than an
infringement of the rights of parliament, more clearly established at
that time than at the accession of Richard II. Petitions of the commons
relative to spiritual matters, however frequently proposed, in few or no
instances obtained the king's assent so as to pass into statutes,
unless approved by the convocation.[344] But, on the other hand,
scarcely any temporal laws appear to have passed by the concurrence of
the clergy. Two instances only, so far as I know, are on record: the
parliament held in the eleventh of Richard II. is annulled by that in
the twenty-first of his reign, "with the assent of the lords spiritual
and temporal, _and the proctors of the clergy_, and the commons;"[345]
and the statute entailing the crown on the children of Henry IV. is said
to be enacted on the petition of the prelates, nobles, clergy, and
commons.[346] Both these were stronger exertions of legislative
authority than ordinary acts of parliament, and were very likely to be
questioned in succeeding times.

[Sidenote: Jurisdiction of the king's council.]

The supreme judicature, which had been exercised by the king's court,
was diverted, about the reign of John, into three channels; the
tribunals of King's Bench, Common Pleas, and the Exchequer.[347] These
became the regular fountains of justice, which soon almost absorbed the
provincial jurisdictions of the sheriff and lord of manor. But the
original institution, having been designed for ends of state, police,
and revenue, full as much as for the determination of private suits,
still preserved the most eminent parts of its aut