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PREFACE.
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quired would stand with the Laws in Force, and did not tend to change or alter any Statute then in being, in such Case the Law was compleat by the Royal Assent on the Parliament Roll, without any Entry on the Statute Roll: And such Bills were usually termed Ordinances, being such as might at any Time be amended by the Parliament without any Statute; whereas one Statute could not be altered but by another: And this Distinction is clearly expressed in the Rolls here-under cited.[1]
When the Commons had obtained Answers to their Petitions,[2] such as were granted were framed into Acts, and frequently passed, without their Concurrence or Inspection.[3] And their Assent, though an undoubted Right, was so far from being indisputably established in Practice, that we find it disputed in the most essential Points, and arbitrarily over-ruled during the Reigns of Edward III. and Richard II.[4]
- ↑ Rot. Parl. 37 E. 3. nu. 38. "As the Things granted in this Parliament were new, and not known before then, the King asked the Commons if they would have the Things so granted, by way of Ordinance or Statute?" And they answered, that, "It was good to have them by way of Ordinance, and not by Statute, to the end that if any Thing required Amendment, it might be amended at the next Parliament."[n 1] It may be collected from this Record, that, though the Law demanded was new, yet if it was such as might stand with the old Laws, and did not alter any Statute then in force, it might pass indifferently by way of Ordinance or Statute; whereas if it changed any old Law, it must have been by Statute: As is farther evident from the following Record. Rot. Parl. 22 E. 3. nu. 30. "The King, by the Assent of the Lords, made Answer that Laws and Process heretofore used could not be changed, without making new Statutes." But after all, it must be confessed that whatever the Right was, yet so irregular was the Practice, that a great Number of printed Acts, as Prynne observes, refute this Distinction. In short, Acts are, by the Legislature, frequently called Ordinances; and Ordinances again are as frequently stiled Acts of Parliament or Statutes; And sometimes the Words Act and Ordinance are coupled together. Therefore perhaps the only Difference, if any, between them is, that Bills entered with the Royal Assent on the Parliament Roll, were called Ordinances, and when entered on the Statute Roll, were stiled Statutes. In short, however they may be verbally distinguished, their Operation was the same.
- ↑ Their Petitions were sometimes slightly regarded, being frequently referred to the Consideration of the Council out of Parliament, or perhaps totally thrown aside. See Cotton’s Abr. Tit. Petition, Councel, &c. passim.
- ↑ The antient Records furnish us with many Instances of Complaints, made by the Commons on those Heads. In the 21 Ed. 3. they pray, that Petitions which be for the Common Profit may be answered in Parliament before them, so as they may know the Indorsement, and have Remedy according to Ordinance of Parliament. See Rot. Parl. 21 E. 3. nu. 8.—In the 5th of Rich. 2. they pray that they might view the Ordinances before they were confirmed. See Rot. Parl. 5 R. 2. nu. 23.
- ↑ In the 51 of Ed. 3. we find an Imposition laid without the Consent of the Commons; and the same King, in the last Year of his Reign, tacitly reserves a Right of taxing them without their Consent. For upon a Petition, praying, "That the Prelates, Earls, Barons, Commons, Citizens and Burgesses of England, be not thenceforth charged, &c. but by common Assent, &c. the King answered, That he is not at all willing to do it, without great Necessity, and for Defence of the Realm, and where he may do it with Reason." Rot. Parl. 51 E. 3. nu. 25.—In the first Year of Rich. 2. Money was raised without Assent of Parliament. Maddox’s M. S. No. 14. Tit. Parl. Two Commissions were granted for the same Purpose in the 2d of Hen. 4. without Assent of Parliament. See Cotton’s Abr. p. 406. nu. 22. In 21 R. 2. Assessments were made upon Counties out of Parliament by the King's Letters Patent
only.
- ↑ Among the Ordinances on this Roll, is one for regulating Apparel: And it is observable that, "the Chancellor, by the King's Command, charged the Commons, at their Return into the Country, to shew and publish the Ordinance of Apparel, to the end that every one might wear Apparel agreeable thereto." This serves to explain in what Manner those Acts which were not entered on the Statute Roll, nor consequently proclaimed by the Sheriffs, were made known to the People.
Never-
