The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III. — David Hume — John Shaqi
The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
David Hume · en
But though the introduction of barons by writ, and of titular earls, had
given some increase to royal authority, there were other causes which
counterbalanced those innovations, and tended in a higher degree to
diminish the power of the sovereign. The disuse into which the feudal
militia had in a great measure fallen made the barons almost entirely
forget their dependence on the crown: by the diminution of the number
of knights’ fees the king had no reasonable compensation when he levied
scutages, and exchanged their service for money: the alienations of the
crown lands had reduced him to poverty: and above all, the concession
of the Great Charter had set bounds to royal power, and had rendered it
more difficult and dangerous for the prince to exert any extraordinary
act of arbitrary authority. In this situation it was natural for the
king to court the friendship of the lesser barons and knights, whose
influence was no ways dangerous to him, and who, being exposed to
oppression from their powerful neighbors, sought a legal protection
under the shadow of the throne. He desired, therefore, to have their
presence in parliament, where they served to control the turbulent
resolutions of the great. To exact a regular attendance of the whole
body would have produced confusion, and would have imposed too heavy a
burden upon them. To summon only a few by writ, though it was practised
and had a good effect, served not entirely the king’s purpose; because
these members had no further authority than attended their personal
character, and were eclipsed by the appearance of the more powerful
nobility, He therefore dispensed with the attendance of most of the
lesser barons in parliament; and in return for this indulgence (for such
it was then esteemed) required them to choose in each county a certain
number of their own body, whose charges they bore, and who, having
gained the confidence, carried with them, of course, the authority of
the whole order. This expedient had been practised at different times
in the reign of Henry III.,[*] and regularly during that of the present
king. The numbers sent up by each county varied at the will of the
prince:[**] they took their seat among the other peers; because by their
tenure they belonged to that order:[***] the introducing of them into
that house scarcely appeared an innovation: and though it was easily in
the king’s power, by varying their number, to command the resolutions of
the whole parliament this circumstance was little attended to in an age
when force was more prevalent than laws, and when a resolution, though
taken by the majority of a legal assembly, could not be executed, if it
opposed the will of the more powerful minority.
*Rot. Glaus. 38. Hen. III. pp. 7. and 12. d.; as also Ret.
Claus 12 Hen. III. m. 1. d. Prynne’s Pref. to Cotton’s
Abridgment.
** Brady’s Answer to Petyt, from the records, p 151.
*** Brady’s Treatise of Boroughs, App. No. 13.