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
Two considerable authorities have, since the first publication of this
work, placed themselves, one very confidently, one much less so, on the
side of our older lawyers and in favour of the antiquity of borough
representation. Mr. Allen, who, in his review of my volumes (Edinb. Rev.
xxx. 169), observes, as to this point,--"We are inclined, in the main,
to agree with Mr. Hallam," lets us know, two or three years afterwards,
that the scale was tending the other way, when, in his review of the
Report of the Lords' Committee, who give a decided opinion that cities
and boroughs were on no occasion called upon to assist at legislative
meetings before the forty-ninth of Henry III., and are much disposed to
believe that none were originally summoned to parliament, except cities
and boroughs of ancient demesne, or in the hands of the king at the time
when they received the summons, he says,--"We are inclined to doubt the
first of these propositions, and convinced that the latter is entirely
erroneous." (Edinb. Rev. xxxv. 30.) He allows, however, that our kings
had no motive to summon their cities and boroughs to the legislature,
for the purpose of obtaining money, "this being procured through the
justices in eyre, or special commissioners; and therefore, if summoned
at all, it is probable that the citizens and burgesses were assembled on
particular occasions only, when their assistance or authority was wanted
to confirm or establish the measures in contemplation by the
government." But as he alleges no proof that this was ever done, and
merely descants on the importance of London and other cities both before
and after the Conquest, and as such an occasional summons to a great
council, for the purpose of advice, would by no means involve the
necessity of legislative consent, we can hardly reckon this very acute
writer among the positive advocates of a high antiquity for the commons
in parliament.
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