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
The members of the house of commons, from this occasional disuse of
ancient boroughs as well as from the creation of new ones, underwent
some fluctuation during the period subject to our review. Two hundred
citizens and burgesses sat in the parliament held by Edward I. in his
twenty-third year, the earliest epoch of acknowledged representation.
But in the reigns of Edward III. and his three successors about ninety
places, on an average, returned members, so that we may reckon this part
of the commons at one hundred and eighty.[276] These, if regular in
their duties, might appear an over-balance for the seventy-four knights
who sat with them. But the dignity of ancient lineage, territorial
wealth, and military character, in times when the feudal spirit was
hardly extinct and that of chivalry at its height, made these burghers
vail their heads to the landed aristocracy. It is pretty manifest that
the knights, though doubtless with some support from the representatives
of towns, sustained the chief brunt of battle against the crown. The
rule and intention of our old constitution was, that each county, city,
or borough, should elect deputies out of its own body, resident among
themselves, and consequently acquainted with their necessities and
grievances.[277] It would be very interesting to discover at what time,
and by what degrees, the practice of election swerved from this
strictness. But I have not been able to trace many steps of the
transition. The number of practising lawyers who sat in parliament, of
which there are several complaints, seems to afford an inference that it
had begun in the reign of Edward III. Besides several petitions of the
commons that none but knights or reputable squires should be returned
for shires, an ordinance was made in the forty-sixth of his reign that
no lawyer practising in the king's court, nor sheriff during his
shrievalty, be returned knight for a county; because these lawyers put
forward many petitions in the name of the commons which only concerned
their clients.[278] This probably was truly alleged, as we may guess
from the vast number of proposals for changing the course of legal
process which fill the rolls during this reign. It is not to be doubted,
however, that many practising lawyers were men of landed estate in their
respective counties.
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