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
It has been a very prevailing opinion that parliament was not divided
into two houses at the first admission of the commons. If by this is
only meant that the commons did not occupy a separate chamber till some
time in the reign of Edward III., the proposition, true or false, will
be of little importance. They may have sat at the bottom of Westminster
Hall, while the lords occupied the upper end. But that they were ever
intermingled in voting appears inconsistent with likelihood and
authority. The usual object of calling a parliament was to impose taxes;
and these for many years after the introduction of the commons were laid
in different proportions upon the three estates of the realm. Thus in
the 23 E. I. the earls, barons, and knights gave the king an eleventh,
the clergy a tenth; while he obtained a seventh from the citizens and
burgesses; in the twenty-fourth of the same king the two former of these
orders gave a twelfth, the last an eighth; in the thirty-third year a
thirtieth was the grant of the barons and knights and of the clergy, a
twentieth of the cities and towns; in the first of Edward II. the
counties paid a twentieth, the towns a fifteenth; in the sixth of Edward
III. the rates were a fifteenth and a tenth.[82] These distinct grants
imply distinct grantors; for it is not to be imagined that the commons
intermeddled in those affecting the lords, or the lords in those of the
commons. In fact, however, there is abundant proof of their separate
existence long before the seventeenth of Edward III., which is the epoch
assigned by Carte,[83] or even the sixth of that king, which has been
chosen by some other writers. Thus the commons sat at Acton Burnell in
the eleventh of Edward I., while the upper house was at Shrewsbury. In
the eighth of Edward II. "the commons of England complain to the king
and his council, &c."[84] These must surely have been the commons
assembled in parliament, for who else could thus have entitled
themselves? In the nineteenth of the same king we find several
petitions, evidently proceeding from the body of the commons in
parliament, and complaining of public grievances.[85] The roll of 1 E.
III., though mutilated, is conclusive to show that separate petitions
were then presented by the commons, according to the regular usage of
subsequent times.[86] And indeed the preamble of 1 E. III., stat. 2, is
apparently capable of no other inference.
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