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
Sir Francis Palgrave has taken much higher ground, and his theory, in
part at least, would have been hailed with applause by the parliaments
of Charles I. According to this, we are not to look to feudal principles
for our great councils of advice and consent. They were the aggregate of
representatives from the courts-leet of each shire and each borough, and
elected by the juries to present the grievances of the people and to
suggest their remedies. The assembly summoned by William the Conqueror
appears to him not only, as it did to lord Hale, "a sufficient
parliament," but a regular one; "proposing the law and giving the
initiation to the bill which required the king's consent." (Ed. Rev.
xxxvi. 327.) "We cannot," he proceeds, "discover any essential
difference between the powers of these juries and the share of the
legislative authority which was enjoyed by the commons at a period when
the constitution assumed a more tangible shape and form." This is
supported with that copiousness and variety of illustration which
distinguish his theories, even when there hangs over them something not
quite satisfactory to a rigorous inquirer, and when their absolute
originality on a subject so beaten is of itself reasonably suspicious.
Thus we come in a few pages to the conclusion--"Certainly there is no
theory so improbable, so irreconcilable to general history or to the
peculiar spirit of our constitution, as the opinions which are held by
those who deny the substantial antiquity of the house of commons. No
paradox is so startling as the assumption that the knights and burgesses
who stole into the great council between the close of the reign of John
and the beginning of the reign of Edward should convert themselves at
once into the third estate of the realm, and stand before the king and
his peers in possession of powers and privileges which the original
branches of the legislature could neither dispute nor withstand" (p.
332). "It must not be forgotten that the researches of all previous
writers have been directed wholly in furtherance of the opinions which
have been held respecting the feudal origin of parliament. No one has
considered it as a common-law court."
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