f in a regular
parliament. But they were aware that these proceedings partook of some
irregularity, and endeavoured, as was their constant method, to keep up
the legal forms of the constitution. In the last petition of this
council the commons pray, "because many articles touching the state of
the king and common profit of his kingdom have been agreed by him, the
prelates, lords, and commons of his land, at this council, that the said
articles may be recited at the next parliament, and entered upon the
roll; for this cause, that ordinances and agreements made in council
are not of record, as if they had been made in a general parliament."
This accordingly was done at the ensuing parliament, when these
ordinances were expressly confirmed, and directed to be "holden for a
statute to endure always."[120]

It must be confessed that the distinction between ordinances and
statutes is very obscure, and perhaps no precise and uniform principle
can be laid down about it. But it sufficiently appears that whatever
provisions altered the common law or any former statute, and were
entered upon the statute-roll, transmitted to the sheriffs, and
promulgated to the people as general obligatory enactments, were holden
to require the positive assent of both houses of parliament, duly and
formally summoned.

Before we leave this subject it will be proper to take notice of a
remarkable stretch of prerogative, which, if drawn into precedent, would
have effectually subverted this principle of parliamentary consent in
legislation. In the 15th of Edward III. petitions were presented of a
bolder and more innovating cast than was acceptable to the court:--That
no peer should be put to answer for any trespass except before his
peers; that commissioners should be assigned to examine the accounts of
such as had received public moneys; that the judges and ministers should
be sworn to observe the Great Charter and other laws; and that they
should be appointed in parliament. The last of these was probably the
most obnoxious; but the king, unwilling to defer a supply which was
granted merely upon condition that these petitions should prevail,
suffered them to pass into a statute with an alteration which did not
take off much from their efficacy--namely, that these officers should
indeed be appointed by the king with the advice of his council, but
should surrender their charges at the next parliament, and be there
responsible to any who should have ca