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
I do not know that it is necessary to believe in a properly feudal
_origin_ of parliament, or that this hypothesis is generally received.
The great council of the Norman kings was, as in common with Sir F.
Palgrave and many others I believe, little else than a continuation of
the witenagemot, the immemorial organ of the Anglo-Saxon aristocracy in
their relation to the king. It might be composed, perhaps, more strictly
according to feudal principles; but the royal thanes had always been
consenting parties. Of the representation of courts-leet we may require
better evidence: aldermen of London, or persons bearing that name,
perhaps as landowners rather than citizens (see a former note), may
possibly have been occasionally present; but it is remarkable that
neither in historians nor records do we find this mentioned; that
aldermen, in the municipal sense, are never enumerated among the
constituents of a witenagemot or a council, though they must, on the
representative theory, have composed a large portion of both. But,
waiving this hypothesis, which the author seems not here to insist upon,
though he returns to it in the Rise and Progress of the English
Commonwealth, why is it "a startling paradox to deny the substantial
antiquity of the house of commons"? By this I understand him to mean
that representatives from counties and boroughs came regularly, or at
least frequently, to the great councils of Saxon and Norman kings. Their
indispensable consent in legislation I do not apprehend him to affirm,
but rather the reverse:--"The supposition that in any early period the
burgesses had a voice in the solemn acts of the legislature is
untenable." (Rise and Progress, &c., i. 314.) But they certainly did, at
one time or other, obtain this right, "or convert themselves," as he
expresses it, "into the third estate of the realm;" so that upon any
hypothesis a great constitutional change was wrought in the powers of
the commons. The revolutionary character of Montfort's parliament in the
49th of Hen. III. would sufficiently account both for the appearance of
representatives from a democracy so favourable to that bold reformer and
for the equality of power with which it was probably designed to invest
them. But whether in the more peaceable times of Edward I. the citizens
or burgesses were recognised as essential parties to every legislative
measure, may, as I have shown, be open to much doubt.
Public-domain text, read in full here on John Shaqi.
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