Our Legal Heritage by S. A. Reilly
page 256 of 410 (62%)
page 256 of 410 (62%)
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King Richard II exiled Henry of Lancaster, forbade his
inheritance, and took his property. This made all propertied men anxious. The "Merciless Parliament" of 1388 swept out King Richard II's friends. Parliament threw Richard II into prison and elected Lancaster to be King Henry IV. This action established clearly that royal decrees were subordinate to parliamentary statutes. The House of Commons became very powerful. So the roles of Parliament and the King's council are starting to differentiate into legislative and executive, respectively. The legislative function is law-making and the executive is regulation-making that refines and effectuates the laws of Parliament. But the legislative, executive and judicial authorities have not as yet become so completely separated that they cannot on occasion work together. At the 1376 Parliament, ("the Good Parliament") the Commons, which formerly had only consented to taxes, took political action by complaining that the King's councilors had grown rich by war profiteering at the cost of impoverishing the nation and the people were too poor to endure any more taxation for the war and held a hearing on malfeasance of two ministers. The Parliament found the charges proved and dismissed them from office. This established the constitutional means for impeachment and removal of ministers. The commons demanded that its members be elected by shire citizens rather than appointed by the sheriff. Actions of this Parliament were undone a few months later. There was a standard form of direct taxation voted by Parliament, which was normally 1/10 of the value of all moveables in towns |
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