accumulation of transitory enactments, led apparently to the distinction
between statutes and ordinances. The latter are indeed defined by some
lawyers to be regulations proceeding from the king and lords without
concurrence of the commons. But if this be applicable to some
ordinances, it is certain that the word, even when opposed to statute,
with which it is often synonymous, sometimes denotes an act of the whole
legislature. In the 37th of Edward III., when divers sumptuary
regulations against excess of apparel were made in full parliament, "it
was demanded of the lords and commons, inasmuch as the matter of their
petitions was novel and unheard of before, whether they would have them
granted by way of ordinance or of statute. They answered that it would
be best to have them by way of ordinance and not of statute, in order
that anything which should need amendment might be amended at the next
parliament."[116] So much scruple did they entertain about tampering
with the statute law of the land.

Ordinances which, if it were not for their partial or temporary
operation, could not well be distinguished from laws,[117] were often
established in great councils. These assemblies, which frequently
occurred in Edward's reign, were hardly distinguishable, except in name,
from parliaments; being constituted not only of those who were regularly
summoned to the house of lords, but of deputies from counties, cities,
and boroughs. Several places that never returned burgesses to parliament
have sent deputies to some of these councils.[118] The most remarkable
of these was that held in the 27th of Edward III., consisting of one
knight for each county, and of two citizens or burgesses from every city
or borough wherein the ordinances of the staple were established.[119]
These were previously agreed upon by the king and lords, and copies
given, one to the knights, another to the burgesses. The roll tells us
that they gave their opinion in writing to the council, after much
deliberation, and that this was read and discussed by the great men.
These ordinances fix the staple of wool in particular places within
England, prohibit English merchants from exporting that article under
pain of death, inflict sundry other penalties, create jurisdictions, and
in short have the effect of a new and important law. After they were
passed the deputies of the commons granted a subsidy for three years,
complained of grievances, and received answers, as i