hich frequently is not specified in the statutes of this
age,[97] appears in a remarkable and revolutionary proceeding, the
appointment of the Lords Ordainers in 1312.[98] In this case it
indicates that the aristocratic party then combined against the crown
were desirous of conciliating popularity. An historian relates that some
of the commons were consulted upon the ordinances to be made for the
reformation of government.[99]
[Sidenote: Edward III. The commons establish several rights.]
During the long and prosperous reign of Edward III. the efforts of
parliament in behalf of their country were rewarded with success in
establishing upon a firm footing three essential principles of our
government--the illegality of raising money without consent; the
necessity that the two houses should concur for any alterations in the
law; and, lastly, the right of the commons to inquire into public
abuses, and to impeach public counsellors. By exhibiting proofs of each
of these from parliamentary records I shall be able to substantiate the
progressive improvement of our free constitution, which was principally
consolidated during the reigns of Edward III. and his two next
successors. Brady, indeed, Carte, and the authors of the Parliamentary
History, have trod already over this ground; but none of the three can
be considered as familiar to the generality of readers, and I may at
least take credit for a sincerer love of liberty than any of their
writings display.
[Sidenote: Remonstrances against levying money without consent.]
In the sixth year of Edward III. a parliament was called to provide for
the emergency of an Irish rebellion, wherein, "because the king could
not send troops and money to Ireland without the aid of his people, the
prelates, earls, barons, and other great men, and the knights of
shires, and all the commons, of their free will, for the said purpose,
and also in order that the king might live of his own, and not vex his
people by excessive prises, nor in other manner, grant to him the
fifteenth penny, to levy of the commons,[100] and the tenth from the
cities, towns, and royal demesnes. And the king, at the request of the
same, in ease of his people, grants that the commissions lately made to
certain persons assigned to set tallages on cities, towns, and demesnes
throughout England shall be immediately repealed; and that in time to
come he will not set such tallage, except as it has been done in the
time of
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