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
[23] This assembly is mentioned in the preamble, and afterwards, of the
spurious laws of Edward the Confessor; and I have been accused of
passing it over too slightly. The fact certainly does not rest on the
authority of Hoveden, who transcribes these laws _verbatim_; and they
are in substance an ancient document. There seems to me somewhat rather
suspicious in this assembly of delegates; it looks like a pious fraud to
maintain the old Saxon jurisprudence, which was giving way. But even if
we admit the fact as here told, I still adhere to the assertion that
there is no appearance that these twelve deputies of each county were
invested with any higher authority than that of declaring their ancient
usages. Any supposition of a real legislative parliament would be
inconsistent with all that we know of the state of England under the
Conqueror. And what an anomaly, upon every constitutional principle,
Anglo-Saxon or Norman, would be a parliament of twelve from each county!
Nor is it perfectly manifest that they were chosen by the people; the
word summoneri fecit is first used; and afterwards, electis de (not
_in_) singulis totius patriæ comitatibus. This might be construed of the
king's selection; but perhaps the common interpretation is rather the
better.
William, the compiler informs us, having heard some of the Danish laws,
was disposed to confirm them in preference to those of England; but
yielded to the supplication of the delegates, omnes compatriotæ, qui
leges narraverant, that he would permit them to retain the customs of
their ancestors, imploring him by the soul of King Edward, cujus erant
leges, nec aliorum exterorum. The king at length gave way, by the advice
and request of his barons, consilio et precatu baronum. These of course
were Normans; but what inference can be drawn in favour of parliamentary
representation in England from the behaviour of the rest? They were
supplicants, not legislators.
[24] 2 Prynne's Register, p. 16.
Public-domain text, read in full here on John Shaqi.
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