In the 18th of Edward the third, when the king was going-to France for the recovery of his rights, the grants by the Lords and Commons were quite distinct; the former to accompany him in the war, “les ditz grantz granterent de passer et lour aventurer ovesque lui;” the Commons granted, for the same cause, two fifteenths of the commonalty, and two tenths of the cities and boroughs. (Rolls of Parl. vol. 2. p. 150, b.)
There are other grants in this reign by the Commons; 20th of Edward the third, (p. 159, b.) and 21st of Edward the third, (p. 166.) In the 22d of Edward the third, (p. 200.) the Commons grant an aid, after several days consideration, but under certain conditions. In the 29th of Edward the third, (p. 265, b.) there is a separate grant by the Commons.
In the 40th of Edward the third, after the occasion of summoning the Parliament had been explained, the Lords and Commons were directed to depart, and to meet again on the day following, the Lords “en la Chambre Blanche,” and the Commons in the painted Chamber. (Vol. 2. p. 289.)
In the 42d of Edward the third (p. 227, a.) a Petition of the Commons, and the answers thereto, were read in the Court of Requests, in the presence of the King, Lords, and Commons; and a statement was made to the king in this Parliament “par les Grantz et Communes,” by the Lords and Commons, all the former and many of the latter having dined with the king; after which John de la Lee was put on his defence before them in the said place.
In the 50th of Edward the third, (p. 283.) the Commons profess the utmost loyalty and goodwill to the king; but add, that if he had faithful ministers about him, he must be rich enough to do without subsidies, especially considering the sums of money brought into the kingdom by the ransoms of the king of France, the king of Scotland, &c. They then proceed to the impeachment of a considerable number of persons.
And in the 51st of Edward the third, (p. 363.) on the opening of the Parliament, the Commons were directed by the king to retire to their ancient place of meeting, in the Chapter House of the abbey of Westminster. To this record Lord Coke himself refers.
It will be seen in the note p. 146, that Sir Thomas Hungerford is mentioned as Speaker of the House of Commons; and in the first of Richard the second, that Peter de la Mare was Speaker of the Commons.
The second opinion of Lord Coke’s to which allusion has already been made, is, that if an act mentions only that the king enacts, and the Lords assent, without naming the Commons, the omission cannot be supplied by any intendment. Lord Coke expressly says, if an act be penned, that “the king with the assent of the Lords,” or “with the assent of the Commons,” it is no act of Parliament, for three ought to assent to it, the King, the Lords, and the Commons; or otherwise it is not an act of Parliament; and by the record of the act it is expressed which of them gave their assent; and that excludes all other intendments that any other gave their assent. (Lord Coke, 8th Report, p. 20, b.)
How dangerous it would be to decide on the validity of our statutes, on such ground, will be seen by a single instance.
The act of the first of Edward the sixth against exporting horses without a licence, after the recital in the preamble, runs thus; “For remedy whereof, be it therefore enacted by our sovereign lord the king, and by the Commons in this present Parliament assembled, and by the authority of the same,”—the Lords being not once mentioned in the statute, which is accurately printed from the original act.