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
Thus in the
Paston letters we find several proofs of the importance attached to
parliamentary elections by the highest nobility.[290]
[Sidenote: Constitution of the house of lords.]
The house of lords, as we left it in the reign of Henry III., was
entirely composed of such persons holding lands by barony as were
summoned by particular writ of parliament.[291] Tenure and summons were
both essential at this time in order to render any one a lord of
parliament--the first by the ancient constitution of our feudal monarchy
from the Conquest, the second by some regulation or usage of doubtful
origin, which was thoroughly established before the conclusion of Henry
III.'s reign. This produced, of course, a very marked difference between
the greater and the lesser or unparliamentary barons. The tenure of the
latter, however, still subsisted, and, though too inconsiderable to be
members of the legislature, they paid relief as barons, they might be
challenged on juries, and, as I presume, by parity of reasoning, were
entitled to trial by their peerage. These lower barons, or more commonly
tenants by parcels of baronies,[292] may be dimly traced to the latter
years of Edward III.[293] But many of them were successively summoned to
parliament, and thus recovered the former lustre of their rank, while
the rest fell gradually into the station of commoners, as tenants by
simple knight-service.
[Sidenote: Baronial tenure required for lords spiritual.]
As tenure without summons did not entitle any one to the privileges of a
lord of parliament, so no spiritual person at least ought to have been
summoned without baronial tenure. The prior of St. James at Northampton,
having been summoned in the twelfth of Edward II., was discharged upon
his petition, because he held nothing of the king by barony, but only in
frankalmoign. The prior of Bridlington, after frequent summonses, was
finally left out, with an entry made in the roll that he held nothing of
the king. The abbot of Leicester had been called to fifty parliaments;
yet, in the 25th of Edward III., he obtained a charter of perpetual
exemption, reciting that he held no lands or tenements of the crown by
barony or any such service as bound him to attend parliaments or
councils.[294] But great irregularities prevailed in the rolls of
chancery, from which the writs to spiritual and temporal peers were
taken--arising in part, perhaps, from negligence, in part from wilful
perversion; so that many abbots and priors, who like these had no
baronial tenure, were summoned at times and subsequently omitted, of
whose actual exemption we have no record. Out of one hundred and
twenty-two abbots and forty-one priors who at some time or other sat in
parliament, but twenty-five of the former and two of the latter were
constantly summoned: the names of forty occur only once, and those of
thirty-six others not, more than five times.[295] Their want of baronial
tenure, in all probability, prevented the repetition of writs which
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account