The third general fact which proves the great increase of importance which the Parliament had obtained at this period, is its participation in the legislation. When we open a collection of the statutes of this reign, we find at the head of each statute one of the two following formulas: "A la requeste de la commune de son roïalme par lor pétitions mises devant lui et son conseil, par assent des prélats, comtes, barons, et autres grantz, au dit Parlement assembles," &c. [Footnote 39] Or: "Par assent des prélats, comtes, et barons, et de tote la, commune du roïalme, au dit Parlement assembles," &c. [Footnote 40] Sometimes the statute begins with these words: "Ce sont les choses que notre seigneur le roi, les prélats, seignours, et la commune ont ordiné en ce présent Parlement." [Footnote 41]
[Footnote 39: "At the request of the commons of his realm, by their petitions! laid before him and his council, and by the assent of the prelates, earls, barons, and other nobles, in the said Parliament assembled.">[
[Footnote 40: "By the assent of the prelates, earls and barons, and of all the commons of the realm, in the said Parliament assembled.">[
[Footnote 41: "These are the things which our lord the king, the prelates, lords, and commons have ordained in this present Parliament.">[
Ordnances And Statutes.
All these formulas express the participation of the House of Commons in the legislation of the country; and prove, as I have already observed, that this participation was generally exercised by the presentation of petitions to the king; the lords deliberated upon these petitions, which were afterwards converted into statutes by the king, without being returned to the House of Commons to receive its express assent under the form of statutes. Accordingly, as the Commons did not interfere in the enactment of statutes by any direct vote, their petitions were frequently mutilated and altered; and the statutes, which were drawn up either by the judges or by the members of the privy council, did not always faithfully convey their meaning. It was probably with a view to remedy this inconvenience that, in the Parliament of 1341, a certain number of prelates, barons, and royal councillors, with twelve knights of shires and six burgesses, were appointed a commission for the purpose of converting into statutes such petitions as gave rise to measures of general legislation.
But all the petitions of the Commons were not resolved into statutes; they frequently gave occasion merely to ordinances. Many dissertations have been written upon the distinction between the legislative acts designated by these two words. It has been maintained that ordinances were issued by the king alone, by the advice of the Lords, but without the concurrence of the Commons. Originally, this distinction was incorrect, for most ordinances were issued, just as statutes were enacted, upon the request of the Commons. Thus, in 1364, the Parliament having desired the passing of sumptuary laws, the king demanded of both Houses, by the chancellor, "whether they would have such matters as they agreed on to be by way of ordinance or of statute?" And they replied: "By way of ordinance, that they might amend the same at their pleasure." [Footnote 42] From this answer it has been inferred, with great appearance of reason, that the nature of statutes was to be perpetual, whereas ordinances were only temporary.
[Footnote 42: Parliamentary History, vol. i. p. 128.]
Ordinances were not inscribed, like statutes, upon the rolls of Parliament; they were less solemn in their character, although their object frequently had reference to matters equally legislative and of equally general interest, such as the enactment of jurisdiction or of penalties. It is not more easy to clearly distinguish ordinances from, statutes, than great councils from Parliaments properly so called. All that we can say is, that less importance and stability were attributed to this class of legislative measures.