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
and to the plain matter of fact as to those times, without considering
what political cause there might be to prevent the crown from
introducing occasional counsellors into the house of lords.[305]
[Sidenote: Bannerets summoned to house of lords.]
It is manifest by many passages in these records that bannerets were
frequently summoned to the upper house of parliament, constituting a
distinct class inferior to barons, though generally named together, and
ultimately confounded, with them.[306] Barons are distinguished by the
appellation of Sire, bannerets have only that of Monsieur, as le Sire de
Berkeley, le Sire de Fitzwalter, Monsieur Richard Scrop, Monsieur
Richard Stafford. In the 7th of Richard II. Thomas Camoys having been
elected knight of the shire for Surrey, the king addresses a writ to the
sheriff, directing him to proceed to a new election, cum hujusmodi
banneretti ante hæc tempora in milites comitatus ratione alicujus
parliamenti eligi minime consueverunt. Camoys was summoned by writ to
the same parliament. It has been inferred from hence by Selden that he
was a baron, and that the word banneret is merely synonymous.[307] But
this is contradicted by too many passages. Bannerets had so far been
considered as commoners some years before that they could not be
challenged on juries.[308] But they seem to have been more highly
estimated at the date of this writ.
The distinction, however, between barons and bannerets died away by
degrees. In the 2nd of Henry VI.[309] Scrop of Bolton is called le Sire
de Scrop; a proof that he was then reckoned among the barons. The
bannerets do not often appear afterwards by that appellation as members
of the upper house. Bannerets, or, as they are called, banrents, are
enumerated among the orders of Scottish nobility in the year 1428, when
the statute directing the common lairds or tenants in capite to send
representatives was enacted; and a modern historian justly calls them an
intermediate order between the peers and lairds.[310] Perhaps a
consideration of these facts, which have frequently been overlooked, may
tend in some measure to explain the occasional discontinuance, or
sometimes the entire cessation, of writs of summons to an individual or
his descendants; since we may conceive that bannerets, being of a
dignity much inferior to that of barons, had no such inheritable
nobility in their blood as rendered their parliamentary privileges a
matter of right. But whether all those who without any baronial tenure
received their writs of summons to parliament belonged to the order of
bannerets I cannot pretend to affirm; though some passages in the rolls
might rather lead to such a supposition.[311]
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