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 result of the whole inquiry into the constitution of parliament down
to the reign of John seems to be--1. That the Norman kings explicitly
renounced all prerogative of levying money on the immediate military
tenants of the crown, without their consent given in a great council of
the realm; this immunity extending also to their sub-tenants and
dependants. 2. That all these tenants in chief had a constitutional
right to attend, and ought to be summoned; but whether they could attend
without a summons is not manifest. 3. That the summons was usually
directed to the higher barons, and to such of a second class as the king
pleased, many being omitted for different reasons, though all had a
right to it. 4. That on occasions when money was not to be demanded, but
alterations made in the law, some of these second barons, or tenants in
chief, were at least occasionally summoned, but whether by strict right
or usage does not fully appear. 5. That the irregularity of passing many
of them over when councils were held for the purpose of levying money,
led to the provision in the Great Charter of John by which the king
promises that they shall all be summoned through the sheriff on such
occasions; but the promise does not extend to any other subject of
parliamentary deliberation. 6. That even this concession, though but the
recognition of a known right, appeared so dangerous to some in the
government that it was withdrawn in the first charter of Henry III.
The charter of John, as has just been observed, while it removes all
doubt, if any could have been entertained, as to the right of every
military tenant _in capite_ to be summoned through the sheriff, when an
aid or scutage was to be demanded, will not of itself establish their
right of attending parliament on other occasions. We cannot absolutely
assume any to have been, in a general sense, members of the legislature
except the prelates and the _majores barones_. But who were these, and
how distinguished? For distinguished they must now have become, and that
by no new provision, since none is made. The right of personal summons
did not constitute them, for it is on _majores barones_, as already a
determinate rank, that the right is conferred. The extent of property
afforded no definite criterion; at least some baronies, which appear to
have been of the first class, comprehended very few knights' fees: yet
it seems probable that this was the original ground of distinction.[462]
Public-domain text, read in full here on John Shaqi.
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