View of the State of Europe during the Middle Ages, Vol. 3 — John Shaqi
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
reckoned a parliament, but rather one of those anomalous conventions
which sometimes occurred in the unfixed state of government. It is at
least the earliest known instance of representation, and leads us to no
conclusion in respect of later times, when the commons had become an
essential part of the legislature, and their consent was required to all
public burthens.
This question, upon the whole, is certainly not free from considerable
difficulty. The legal antiquaries are divided. Prynne does not seem to
have doubted but that the knights were "elected in the full county, by
and for the whole county," without respect to the tenure of the
freeholders.[34] But Brady and Carte are of a different opinion.[35] Yet
their disposition to narrow the basis of the constitution is so strong,
that it creates a sort of prejudice against their authority. And if I
might offer an opinion on so obscure a subject, I should be much
inclined to believe that, even from the reign of Henry III., the
election of knights by all freeholders in the county-court, without
regard to tenure, was little, if at all, different from what it is at
present.[36]
[Sidenote: Progress of towns.]
The progress of towns in several continental countries, from a condition
bordering upon servitude to wealth and liberty, has more than once
attracted our attention in other parts of the present work. Their growth
in England, both from general causes and imitative policy, was very
similar and nearly coincident. Under the Anglo-Saxon line of sovereigns
we scarcely can discover in our scanty records the condition of their
inhabitants, except retrospectively from the great survey of Domesday
Book, which displays the state of England under Edward the Confessor.
Some attention to commerce had been shown by Alfred and Athelstan; and a
merchant who had made three voyages beyond sea was raised by law of the
latter monarch to the dignity of a Thane.[37] This privilege was not
perhaps often claimed; but the burgesses of towns were already a
distinct class from the ceorls or rustics, and, though hardly free
according to our estimation, seem to have laid the foundation of more
extensive immunities. It is probable, at least, that the English towns
had made full as great advances towards emancipation as those of France.
At the Conquest we find the burgesses or inhabitants of towns living
under the superiority or protection of the king, or of some other lord,
to whom they paid annual rents, and determinate dues or customs.
Sometimes they belonged to different lords, and sometimes the same
burgess paid customs to one master, while he was under the jurisdiction
of another. They frequently enjoyed special privileges as to
inheritance; and in two or three instances they seem to have possessed
common property, belonging to a sort of guild or corporation, and in
some instances, perhaps, had a municipal administration by magistrates
of their own choice.[38] Besides the regular payments, which were in
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