View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
It is not easy to determine how long the inferior tenants in chief
continued to sit personally in parliament. In the charters of Henry
III., the clause which we have been considering is omitted: and I think
there is no express proof remaining that the sheriff was ever directed
to summon the king's military tenants within his county, in the manner
which the charter of John required. It appears however that they were in
fact members of parliament on many occasions during Henry's reign, which
shows that they were summoned either by particular writs or through the
sheriff; and the latter is the more plausible conjecture. There is
indeed great obscurity as to the constitution of parliament in this
reign; and the passages which I am about to produce may lead some to
conceive that the freeholders were _represented_ even from its
beginning. I rather incline to a different opinion.
In the Magna Charta of 1 Henry III. it is said: Pro hâc donatione et
concessione ... archiepiscopi, episcopi, comites, barones, milites, et
liberè tenentes, et omnes de regno nostro, dederunt nobis quintam
decimam partem omnium bonorum suorum mobilium.[18] So in a record of 19
Henry III.: Comites, et barones, et omnes alii de toto regno nostro
Angliæ, spontaneâ voluntate suâ, concesserunt nobis efficax
auxilium.[19] The largeness of these words is, however, controlled by a
subsequent passage, which declares the tax to be imposed ad mandatum
omnium comitum et baronum et omnium aliorum _qui de nobis tenent in
capite_. And it seems to have been a general practice to assume the
common consent of all ranks to that which had actually been agreed by
the higher. In a similar writ, 21 Henry III., the rants of men are
enumerated specifically; archiepiscopi, episcopi, abbates, priores, et
clerici terras habentes quæ ad ecclesias suas non pertinent, comites,
barones, milites, et liberi homines, pro se et suis villanis, nobis
concesserunt in auxilium tricesimam partem omnium mobilium.[20] In the
close roll of the same year, we have a writ directed to the archbishops,
bishops, abbots, priors, earls, barons, knights, and freeholders (liberi
homines) of Ireland, in which an aid is desired of them, and it is urged
that one had been granted by his fideles Angliæ.[21]
But this attendance in parliament of inferior tenants in chief, some of
them too poor to have received knighthood, grew insupportably vexatious
to themselves, and was not well liked by the king. He knew them to be
dependent upon the barons, and dreaded the confluence of a multitude,
who assumed the privilege of coming in arms to the appointed place. So
inconvenient and mischievous a scheme could not long subsist among an
advancing people, and fortunately the true remedy was discovered with
little difficulty.
[Sidenote: Origin and progress of parliamentary representation.]
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