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
As the knights of shires correspond to the lower nobility of other
feudal countries, we have less cause to be surprised that they belonged
originally to the same branch of parliament as the barons, than at their
subsequent intermixture with men so inferior in station as the citizens
and burgesses. It is by no means easy to define the point of time when
this distribution was settled; but I think it may be inferred from the
rolls of parliament that the houses were divided as they are at present
in the eighth, ninth, and nineteenth years of Edward II.[87] This
appears, however, beyond doubt in the first of Edward III.[88] Yet in
the sixth of the same prince, though the knights and burgesses are
expressly mentioned to have consulted together, the former taxed
themselves in a smaller rate of subsidy than the latter.[89]
The proper business of the House of Commons was to petition for redress
of grievances, as much as to provide for the necessities of the crown.
In the prudent fiction of English law no wrong is supposed to proceed
from the source of right. The throne is fixed upon a pinnacle, which
perpetual beams of truth and justice irradiate, though corruption and
partiality may occupy the middle region and cast their chill shade upon
all below. In his high court of parliament a king of England was to
learn where injustice had been unpunished and where right had been
delayed. The common courts of law, if they were sufficiently honest,
were not sufficiently strong, to redress the subject's injuries where
the officers of the crown or the nobles interfered. To parliament he
looked as the great remedial court for relief of private as well as
public grievances. For this cause it was ordained in the fifth of Edward
II. that the king should hold a parliament once, or if necessary, twice
every year; "that the pleas which have been thus delayed, and those
where the justices have differed, may be brought to a close."[90] And a
short act of 4 Edward III., which was not very strictly regarded,
provides that a parliament shall be held "every year, or oftener, if
need be."[91] By what persons, and under what limitations, this
jurisdiction in parliament was exercised will come under our future
consideration.
[Sidenote: Edward II. Petitions of parliament during his reign.]
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