The writ then commands the sheriff that he should cause to be elected of his county, two knights; and of every city of the same county, two citizens; and of every borough, two burgesses; and cause them to come to the king at the same time and place; so that the knights should have sufficient power, for themselves and the 'communitas' of the shire; and the citizens and burgesses, for the 'communitas' of their respective cities and boroughs, to do what by common consent should be ordained in the premises. The sheriffs were respectively commanded to have there the names of the several knights, citizens, and burgesses, with their respective writs.2

Thus it appears that this great and important innovation in the constitution of the legislative assembly, was not the result of deliberate and express legal enactment, but rather a spontaneous act of Royal pleasure. It seems to have been a concession to the advancing prosperity and influence of the people, in accordance with a principle set forth in the writs summoning the prelates to the same parliament, “ that what concerns all should be approved by all; and that for common dangers remedies should be provided in common."3

1 Parliamentary Writs and Records, vol. i. p. 22.

2 Peers' Report, vol. i. p. 212. In the following year, 1296, there are records of the election of two citizens for London, and for Hereford. In the former, the election was made by the aldermen and four men of every ward, who at the same time grant twenty shillings per diem to the citizens elected, for their expenses in going to and returning from Parliament. In the latter, the election was made in the presence of the custos and aldermen, by "six of the best and most discreet of every ward." (Parliamentary Writs and Records, vol. i.) afterwards settled at a much lower rate.

3 Fod., vol. i. p. 827. Peers' Report, vol. i. p. 211.

The wages were

Ancient Records of Parliament.-Statute Rolls.-Parliament Rolls.Humble position of Citizens and Burgesses.-Legislative power in the King.-Concession as to Taxation.-Judicial Functions of Parliament. -Petitions.-Triers of Petitions.-Opening Parliament.-Proxies.— Origin of Convocation.-Complaint of Grievances.-Aid by Commons alone.-Edward II.-Confederation of Barons.-Ordinances.-Revoked as contrary to authority of Parliament.-Peers of the LandDeposition of Edward II.-Edward III.-Advice of Parliament asked and given as to War.-Royal Commission for Tallage repealed.—Separate deliberation and subsequent agreement of Lords and Commons. -No negativing power yet appeared.-Taxation by Lords and Commons.-Peers and Commons consult as to Loan.-Commons appointed to frame Petitions into Statutes.-Taxation by Privy Council restrained. -Commons' Complaint of bad Government.-Statutes not according to Petitions.-Commons consulted on Foreign Affairs.-Grievances redressed.-Ordinances illegal.--Dukes first created.-Statutes to be in English.-Concurrence of both Houses not yet settled.-First Impeachment by Commons.-First Speaker.-Commons petition against evil counsellors; urge the Clergy to submit to Taxation in Parliament.-First Grant of Tonnage and Poundage.-Enfranchisement of

Villeins.-Marquesses created.-Barons by Patent.-The Three Estates of the Realm declared.-House of Lords' exclusive Judicature.—Taxation by Commons, with assent of Lords.-Parliamentary Privilege.— Commons Representatives for the whole Kingdom.-Resistance by Commons to Taxation by Lords.—Settlement of separate deliberation, and ultimate agreement of Lords and Commons.-Commons' Rights as to Preparation of Statutes.-Bills drawn from Petitions.-Constitution of Parliament settled.

THE period of time embraced by this chapter is one hundred and eighty-eight years. In it we shall endeavour to trace the progress of Parliament from the twenty-third year of Edward I., when representatives of the people were first summoned by Royal authority, to the time when the two houses of parliament were constituted and established according to the system which exists at the present day. The law of parliament, or the privileges which the houses have established, and even the forms of their procedure, are little less important to the security of the liberties of the people, than the statutes which have been passed expressly to declare them; and it will be interesting to inquire by what steps, and, as far as the records show, by what course of action, the representatives of the people emerged from the impotent condition in which they at first assembled, and built the present system of parliamentary privilege and procedure. We shall confine this chapter chiefly to the parliamentary procedure, reserving for the next chapter some notice of the important constitutional statutes passed by parliament, from Magna Charta to the end of the reign of Richard III.

up

In the reign of Edward I. the history of the constitution becomes more authentic; the public records then beginning to be more ample and complete. From his reign the statuterolls are in existence. They commence with the Statute of Gloucester, 6 Edward I., 1278, and they are continued down to 8 Edward IV., but with an interruption from the eighth to the twenty-third Henry VI., 1430-1445. They are the records of the statutes made in parliament during that

1295.]

ANCIENT RECORDS.

81

period. There also exist records of writs of summons to parliament, of peers and prelates, under the appellation of barons; and of writs to the sheriffs of counties for the election of knights, citizens, and burgesses; and there are also, in subsequent years, the sheriffs' returns to such writs; the earliest record of writs of summons for the election of knights, citizens, and burgesses, being the record of 49 Henry III., before described. There are also the Parliament-rolls, in which are recorded the daily transactions of parliament, on public and private business, the several petitions and bills, with the answers thereto; and, in some instances, the roll contains the statute as drawn up and passed. Petitions and answers are extant as early as 6 Edward I.3

The language of the charters and statutes, to the beginning of the reign of Henry VII., is Latin or French; those of Henry III. are almost entirely in Latin; those of Edward I. indiscriminately Latin or French. The statutes of the first and third years of Henry VII. were in French and English; but from the fourth year of his reign the statutes are, exclusively, English.4

We have seen that the parliament, as it existed prior to 23 Edward I., consisted of the spiritual lords and barons; and that it was attended officially by the council of the king. To these were added, at that time, knights, citizens, and burgesses, as representatives of the commons. But the citizens and burgesses, at the commencement of their career, and long after, were in a humble position, as compared with the great lords, or even with the knights. The

1 After 8 Edward IV. the Statute-roll is not preserved; after 4 Henry VII. it ceased to be made up, and, ultimately, it was succeeded, for practical purposes, by enrolment in Chancery. (Statutes of the Realm, Introd., p. 34.)

2 Peers' Report, vol. i. pp. 167–168.

The Rolls were superseded by the Journals of the two Houses. Those of the House of Lords commenced 1 Henry VIII.; those of the Commons, in 1 Edward VI. (Statutes of the Realm, Introd.)

• Idem. Statues of the Realm, vol. ii. pp. 5-11.

knights were of the same order as the barons, and they assumed, as the county-members have since always maintained, a higher grade than borough-members. The peers, or "grantz," may have admitted the knights into their consultations, with something like equality, when they exercised their functions as advisers of the crown; but the "gentz de commune" (as the citizens and burgesses are termed in the old rolls) were but little regarded, except when their consent was required to an aid. They were, at that time, actual citizens and burgesses, dwelling in the cities and towns which they represented. No separate house, or place of deliberation, appears to have been provided for them, nor separate duties or functions assigned to them, until long after they were first summoned to parliament. They were often dismissed before the earls and barons, who remained to advise the crown, or to give their assistance and consent in the making of laws. It is from this humble and undefined position that we shall have to trace the rise of the commons into a house of legislature, separate from, but coordinate in power and authority with, the spiritual lords and barons; whose assembly, after the separation of the commons, was distinguished as the House of Lords.

The functions of the early parliaments, however, were chiefly vested in the king and his council; for even the peers had little originative power in legislation, although their assent was necessary to legislation for general pur poses. But a statute or charter, granted by Edward I. in the twenty-fifth year of his reign,-two years after he had summoned the commons to parliament,'-restricted the power of the king in legislating for taxation; and, in effect, restored the provisions which Magna Charta had made for consulting the great council. He granted to the lords spiritual and temporal, and to all the commonalty of the land, that "for no business he would take any aids, tasks, nor prises but by the common assent of the realm, and for the common profit thereof, saving the ancient aids and prises due

1 25 Edward I. cap. 6 (1297).