use of complaint against them. The
chancellor, treasurer, and judges entered their protestation that they
had not assented to the said statutes, nor could they observe them, in
case they should prove contrary to the laws and customs of the kingdom,
which they were sworn to maintain.[121] This is the first instance of a
protest on the roll of parliament against the passing of an act.
Nevertheless they were compelled to swear on the cross of Canterbury to
its observance.[122]
This excellent statute was attempted too early for complete success.
Edward's ministers plainly saw that it left them at the mercy of future
parliaments, who would readily learn the wholesome and constitutional
principle of sparing the sovereign while they punished his advisers.
They had recourse therefore to a violent measure, but which was likely
in those times to be endured. By a proclamation addressed to all the
sheriffs the king revokes and annuls the statute, as contrary to the
laws and customs of England and to his own just rights and prerogatives,
which he had sworn to preserve; declaring that he had never consented to
its passing, but, having previously protested that he would revoke it,
lest the parliament should have been separated in wrath, had dissembled,
as was his duty, and permitted the great seal to be affixed; and that it
appeared to the earls, barons, and other learned persons of his kingdom
with whom he had consulted, that, as the said statute had not proceeded
from his own good will, it was null, and could not have the name or
force of law.[123] This revocation of a statute, as the price of which a
subsidy had been granted, was a gross infringement of law, and
undoubtedly passed for such at that time; for the right was already
clear, though the remedy was not always attainable. Two years afterwards
Edward met his parliament, when that obnoxious statute was formally
repealed.[124]
[Sidenote: Advice of parliament required on matters of war and peace.]
Notwithstanding the king's unwillingness to permit this control of
parliament over his administration, he suffered, or rather solicited,
their interference in matters which have since been reckoned the
exclusive province of the crown. This was an unfair trick of his policy.
He was desirous, in order to prevent any murmuring about subsidies, to
throw the war upon parliament as their own act, though none could have
been commenced more selfishly for his own benefit, or less for the
|