412 The Period of Constitution Making more than anything else, a court of law. The king sought counsel and information, but he was not dealing with a national assembly standing over against him and repre- senting another interest. When the barons resisted the king, they did it individually or in groups with force of arms, they did it as a feudal nobility; they did not fight out issues in parliamentary manner in an assembly. When the king acted formally it was through his court; it was the king in action. During the thirteenth century, the oneness of king and court—especially in the form of the great council—was less marked than before. The union of barons at Runny- mede and the constant call for united action against Henry III. could not but be reflected in the temper and work of the great council, and to us there seems to have been the beginning, though of course unrecognized at the time, of some law-declaring authority outside the king. Something has already been said1 of the curious and changing " legislation" of the thirteenth century and the early uses of the word statute, but here, where attention is more centered upon a developing assembly, it should be emphasized that some slight distinction was being made between a routine applying of law and an applica- tion which had such novelty in it as to imply change. In the latter case the consent of the barons was more and more felt to be necessary. When representatives of counties and boroughs were being added to the great council an element of confusion was introduced so great as to do violence to any theory—had a theory really existed. The king might get information, advice, con- sent from any element of his people thus brought to the center, and the ordinance, or whatever one may choose to call it, based upon this action, was enforcible. But this constituted no recognition of a right on the part of these elements to a share in legislation. There was no ideaolj^slation as a rightjboube^sou^it^orshaxed. In- deeOegidation as an act of government distinguishable 1 See above, pp. 237-240.