The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(37) These first glimmerings of parliamentary representation were
carefully traced out by Hallam (Middle Ages, ii. 146-152). They can
now be more fully studied in the work of Professor Stubbs. On the
summons in 1213 of four men for each shire besides “milites et barones”
(“quatuor discretos homines de comitatu tuo illuc venire facias”),
the Professor remarks (278): “It is the first writ in which the ‘four
discreet men’ of the county appear as representatives; the first
instance of the summoning of the folkmoot to a general assembly by the
machinery already used for judicial purposes.”
(38) On this subject the eighth chapter of Sir Francis Palgrave’s
English Commonwealth should be studied.
(39) For the whole career of Simon I must again refer generally to
Pauli and Blaauw. The great writ itself, dated at Worcester, December
14th, 1264, will be found in Rymer’s Fœdera, i. 449. It has often
been noticed how small is the number of Earls and other lay Barons, and
how unusually large the number of churchmen, who are summoned to this
Parliament. The whole list will be found in Rymer. The parts of the
writ which concern us stand thus:
“Item mandatum est singulis vicecomitibus per Angliam; quod venire
faciant duos milites de legalioribus, probioribus et discretioribus
militibus singulorum comitatuum, ad Regem London’ in octab’ prædictis,
in formâ supradictâ.
“Item in formâ prædictâ scribitur civibus Ebor’, civibus Lincoln’,
et cæteris burgis Angliæ; quod mittant in formâ prædictâ duos de
discretioribus, legalioribus, et probioribus, tam civibus, quam
burgensibus suis.
“Item in formâ prædictâ mandatum est baronibus, et probis hominibus
Quinque Portuum.”
“This is often regarded as the origin of popular representation; but it
is not in any sense entitled to that praise. The novelty was simply the
assembling the representatives of the towns in conjunction with those
of the counties; this was now done for the first time for the purpose
of the national council.” Stubbs, 401.
(40) The account of this most remarkable trial, held on June 11th,
1252, is given in a letter from Simon’s intimate friend the famous
Franciscan Adam Marsh (de Marisco) to Bishop Robert Grosseteste. The
Latin text is printed in Mr. Brewer’s Monumenta Franciscana, p. 122,
and there is an English translation in the Appendix to Mrs. Green’s
Life of Countess Eleanor, English Princesses, ii. 447. Simon’s
witnesses, knights and citizens, come “muniti litteris patentibus
communitatis Burdegalensis, in quâ quasi totum robur Vasconiæ ad
distringendum hostiles et fideles protegendum consistere dignoscitur,”
setting forth how good Simon’s government was in every way, and how
those who brought charges against him did it only because his strict
justice had put a check on their misdoings. We may compare the words of
the great poetical manifesto (Political Songs, 76).
“Seductorem nominant S. atque fallacem,
Facta sed examinant probantque veracem.”
Public-domain text, read in full here on John Shaqi.
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