The History of England - From the Accession of Henry III. to the Death of Edward III. (1216-1377) by T. F. (Thomas Frederick) Tout
page 380 of 704 (53%)
page 380 of 704 (53%)
![]() | ![]() |
|
|
tragedy of his fall appealed to the rude sympathies of the
north-countrymen, and the merit of the cause atoned in their minds for the weakness of the man. A parliament met at York on May 2, where the triumph of the king received its consummation. The Despensers had more advanced constitutional ideas than Lancaster, and pains were taken that this parliament should completely represent the three estates. It was a novel feature that twelve representatives of the commons of north Wales and twelve of the commons of south Wales attended, on this occasion, to speak on behalf of the region where the troubles had first begun. With the full approval of the estates, the ordinances were solemnly revoked, as infringing the rights of the crown. The important principle was laid down that "matters which are to be established for the estate of the king and for the estate of the realm shall be treated, accorded, and established in parliament by the king and by the council of the prelates, earls, and barons, and the commonalty of the realm". Thus, while the repeal of the ordinances seemed based upon their infringement of the royal prerogative, it was at least implied that they were also invalid because they were the work of a council of barons only, and not of a full parliament of the estates. This declaration of the necessity of popular co-operation in valid legislation is the most important constitutional advance of the reign of Edward II. It is a significant comment on the limitations of the baronial opposition that the ordinances should be the last great English law in the passing of which the commons were not consulted, and that a royalist triumph should be the occasion of the declaration of a vital principle. The king's friends then received their rewards. Harclay was made Earl of Carlisle and the elder Despenser became Earl of Winchester. Fear of |
|


