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
The constitution of parliament in this period, antecedent to the Great
Charter, has been minutely and scrupulously investigated by the Lords'
Committee on the Dignity of a Peer in 1819. Two questions may be raised
as to the lay portion of the great council of the nation from the
Conquest to the reign of John:--first, Did it comprise any members,
whether from the counties or boroughs, not holding themselves, nor
deputed by others holding in chief of the crown by knight-service or
grand serjeanty? secondly, Were all such tenants _in capite_ personally,
or in contemplation of law, assisting, by advice and suffrage, in
councils held for the purpose of laying on burthens, or for permanent
and important legislation?
The former of these questions they readily determine. The committee have
discovered no proof, nor any likelihood from analogy, that the great
council, in these Norman reigns, was composed of any who did not hold in
chief of the crown by a military tenure, or one in grand serjeanty; and
they exclude, not only tenants in petty serjeanty and socage, but such
as held of an escheated barony, or, as it was called, _de honore_.
They found more difficulty in the second question. It has generally been
concluded, and I may have taken it for granted in my text, that all
military tenants _in capite_ were summoned, or ought to have been
summoned, to any great council of the realm, whether for the purpose of
levying a new tax, or any other affecting the public weal. The
committee, however, laudably cautious in drawing any positive inference,
have moved step by step through this obscure path with a circumspection
as honourable to themselves as it renders their ultimate judgment worthy
of respect.
Public-domain text, read in full here on John Shaqi.
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