Prev | Current Page 340 | Next

Tout, T. F. (Thomas Frederick), 1855-1929

"The History of England From the Accession of Henry III. to the Death of Edward III. (1216-1377)"

, 558-82.
Bracton had already laid down the doctrine that no prescription can
avail against the rights of the crown, and it was a commonplace with the
lawyers of the age that nothing less than a clear grant by royal charter
could justify such delegation of the sovereign's powers into private
hands. Within a few months of his landing, Edward sent out commissioners
to inquire into the baronial immunities. The returns of these inquests,
which were carried out hundred by hundred, are embodied in the precious
documents called the Hundred Rolls. The study of these reports inspired
the procedure of the statute of Gloucester, by which royal officers were
empowered to traverse the land demanding by what warrant the lords of
franchises exercised their powers. The demand of the crown for
documentary proof of royal delegation would have destroyed more than
half the existing liberties. But aristocratic opinion deserted Edward
when he strove to carry out so violent a revolution. The irritation of
the whole baronage is well expressed in the story of how Earl Warenne,
unsheathing a rusty sword, declared to the commissioners: "Here is my
warrant.


Pages:
328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352