able regularity in this
respect. The commons, who till this reign were rarely mentioned, were
now as rarely omitted in the enacting clause. In fact, it is evident
from the rolls of parliament that statutes were almost always founded
upon their petition.[113] These petitions, with the respective answers
made to them in the king's name, were drawn up after the end of the
session in the form of laws, and entered upon the statute-roll. But here
it must be remarked that the petitions were often extremely qualified
and altered by the answer, insomuch that many statutes of this and some
later reigns by no means express the true sense of the commons.
Sometimes they contented themselves with showing their grievance, and
praying remedy from the king and his council. Of this one eminent
instance is the great statute of treasons. In the petition whereon this
act is founded it is merely prayed that, "whereas the king's justices in
different counties adjudge persons indicted before them to be traitors
for sundry matters not known by the commons to be treason, it would
please the king by his council, and by the great and wise men of the
land, to declare what are treasons in this present parliament." The
answer to this petition contains the existing statute, as a declaration
on the king's part.[114] But there is no appearance that it received
the direct assent of the lower house. In the next reigns we shall find
more remarkable instances of assuming a consent which was never
positively given.

[Sidenote: Statutes distinguished from ordinances.]

The statute of treasons, however, was supposed to be declaratory of the
ancient law: in permanent and material innovations a more direct
concurrence of all the estates was probably required. A new statute, to
be perpetually incorporated with the law of England, was regarded as no
light matter. It was a very common answer to a petition of the commons,
in the early part of this reign, that it could not be granted without
making a new law. After the parliament of 14 E. III. a certain number of
prelates, barons, and counsellors, with twelve knights and six
burgesses, were appointed to sit from day to day in order to turn such
petitions and answers as were fit to be perpetual into a statute; but
for such as were of a temporary nature the king issued his letters
patent.[115] This reluctance to innovate without necessity, and to swell
the number of laws which all were bound to know and obey with an