evere it stonde yn the Fredom of your high Regalie, to graunte which of thoo that you luste, and to wernne[1]the Remanent."
To this the King gave the following Answer. "The Kyng, of his Grace especial, graunteth yat fro hensforth nothing be enacted to the Peticions of his Commune, yat be contrarie of hir askyng, wharby they shuld be bounde without thair Assent, savyng alwey to our Leige Lord his reall Prerogatif, to graunte and denye what him lust of their Peticions and askynges aforefaid"[2]
Before this Petition, it was usual, upon entering the Bill on the Statute Roll, to make Additions, Diminutions and Alterations [3], whereby the Act was made to vary materially from the Substance of the Commons Petitions, and sometimes framed directly contrary to their Sense and Meaning. Several Instances of this Kind occur on the Rolls; but it will be sufficient to mention one, which is extremely remarkable, viz. the 36 Ed. III. stat. 1. c .15. providing that all Pleas shall be pleaded in the English Tongue, which is the Purport of the Petition on the Parliament Roll; but on the Statute Roll, we find thefe Words added— "And that they be entered and inrolled in Latin' &c. which Words are not on the Parliament Roll.[4]
Nevertheless this Bill of the 2 Hen. V. did not wholly remove the Evil; for many Inconveniencies still arose, from the Method of extracting and drawing up the Statute, from the Petition and Answer on the Parliament Roll. To remedy which, about the End of Hen. VI. and the Beginning of Ed. IV. the Practice was introduced, or rather revived, of reducing the Petitions, even in the first Instance, into the full and compleat Form of Acts of Parliament, which were commonly entered in this Form—Item Quædam Petitio exhibita suit in hoc Parliamento Formam Actus inse continens[5]
This Form prevailed many Years, but the Title at length was disused, the Method, in other Respects, still continuing the same as it is at present, the Bill being drawn up, in the first Instance, in the Form of an Act, and brought to the Sovereign for his Assent.
The Power of the Commons, however, in these and the succeeding Reigns, was daily increasing; and the civil Wars between the Houses of York and Lancaster contributed to extend their Influence. For Competitions of this Nature, however fatal to Individuals, never fail of adding Weight to the Body of the People[6]In
- ↑ Wernne is a Saxon Word, which fignifies to deny or refufe.
- ↑ Rot. Parl. p. 1. Mem. 3. N. 22.
- ↑ See Glanville's Speech, in Rushworth's Collection, Vol. I. p. 574. which perhaps is one of the most nervous, spirited, and masterly Pieces of Oratory in the English Language.
- ↑ Vid. Rot. Parl. 36 Ed. 3. nu. 38. For farther Instances of this Kind, see Maddox's MSS. in the British Museum, entitled Expeditionis Billarum Aquiquitas, which contains a very circumstantial Account of the antient Method of passing Bills: And, as the Editor is informed, will shortly be made public.
- ↑ See Hale's Hist. of Common Law.
- ↑ The Editor is aware that the celebrated Sidney has declared himself of a different Opinion. Speaking of the Quarrels begun upon personal Titles, between Stephen and Maud; the Houfes of York and Lancaster, &c. he says the People get nothing by the Victory which way soever it fall. But in this he seems to contradict
