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ORDINANCE

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Originally appearing in Volume V20, Page 188 of the 1911 Encyclopedia Britannica.
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ORDINANCE , in See also:

medieval See also:England, a See also:form of legislation. The ordinance differed from the See also:statute because it did not require the See also:sanction of See also:parliament, but was issued by the See also:sovereign by virtue of the royal See also:prerogative, although, especially during the reign of See also:Edward I., the See also:king frequently obtained the assent of his See also:council to his ordinances. Dr See also:Stubbs (Const. Hist. vol. ii.) defines the ordinance as " a regulation made by the king, by himself or in his council or with the See also:advice of his council, promulgated in letters patent or in See also:charter, and liable to be recalled by the same authority." But after remarking that " these generalizations do not See also:cover all the instances of the use of ordinance," he adds: " The statute is primarily a legislative See also:act, the ordinance is primarily an executive one." Legislation by ordinance was very See also:common during the reigns of See also:Henry III. and Edward I. when See also:laws were issued by the king in council or enacted in parliament indifferently. Both were regarded as equally binding, Soon, however, legislation by ordinance aroused the See also:jealousy of parliament, especially when it was found that acts of parliament were altered and their purpose defeated by this means. Consequently in 1389 the See also:Commons presented a See also:petition to King See also:Richard II. asking that no ordinance should be made contrary to the common See also:law, or the See also:ancient customs of the See also:land, or the statutes ordained by parliament. For this and other reasons this form of legislation See also:fell gradually into disuse, becoming obsolete in the 15th See also:century. The See also:modern See also:equivalent of the ordinance is the See also:order in council. In 1310, when Edward II. was on the See also:throne and England was in a very disturbed See also:condition, a See also:committee of twenty-one bishops, earls and barons was chosen to make certain ordinances for the better See also:government of the See also:country. These men were called ordainers. In the 17th century the use of the word ordinance was revived, and was applied to some of the See also:measures passed by the See also:Long Parliament, among them the famous self-denying ordinance of 1645. This form was used probably in conformity with the See also:opinion of See also:Sir Edward See also:Coke, who says in his See also:Fourth See also:Institute " an ordinance in parliament wanteth the threefold consent, and is ordained by one or two of them " (i.e. king, lords and commons).

The ordinances of the Long Parliament did not, of course, obtain the assent of the king. At the See also:

present See also:time the word ordinance is used to describe a See also:body of laws enacted by a body less than sovereign. For example, the ordinances of See also:Southern See also:Nigeria are issued by the See also:governor of that See also:colony with the assent of his council. Before 1789 the See also:kings of See also:France frequently issued ordonnances. These were acts of legislation, and were similar to the ordinances of the See also:English kings in medieval times.

End of Article: ORDINANCE

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