with a protestation that this assent, which is a novelty and never done
before, shall not be drawn into precedent; praying the king that this
protestation may be entered on the roll of parliament.[196] A petition,
in one of Henry IV.'s parliaments, to limit the number of attorneys, and
forbid filazers and prothonotaries from practising, having been answered
favourably as to the first point, we find a marginal entry in the roll
that the prince and council had respited the execution of this act.[197]

[Sidenote: Dispensing power of the crown.]

The dispensing power, as exercised in favour of individuals, is quite of
a different character from this general suspension of statutes, but
indirectly weakens the sovereignty of the legislature. This power was
exerted, and even recognised, throughout all the reigns of the
Plantagenets. In the first of Henry V. the commons pray that the statute
for driving aliens out of the kingdom be executed. The king assents,
saving his prerogative and his right of dispensing with it when he
pleased. To which the commons replied that their intention was never
otherwise, nor, by God's help, ever should be. At the same time one Rees
ap Thomas petitions the king to modify or dispense with the statute
prohibiting Welchmen from purchasing lands in England, or the English
towns in Wales; which the king grants. In the same parliament the
commons pray that no grant or protection be made to any one in
contravention of the statute of provisors, saving the king's
prerogative. He merely answers, "Let the statutes be observed:" evading
any allusion to his dispensing power.[198]

It has been observed, under the reign of Edward III., that the practice
of leaving statutes to be drawn up by the judges, from the petition and
answer jointly, after a dissolution of parliament, presented an
opportunity of falsifying the intention of the legislature, whereof
advantage was often taken. Some very remarkable instances of this fraud
occurred in the succeeding reigns.

An ordinance was put upon the roll of parliament, in the fifth of
Richard II., empowering sheriffs of counties to arrest preachers of
heresy and their abettors, and detain them in prison till they should
justify themselves before the church. This was introduced into the
statutes of the year; but the assent of lords and commons is not
expressed. In the next parliament the commons, reciting this ordinance,
declare that it was never assented to or granted