In these writs the purpose of the attendance is stated to be to treat on the king's affairs, with the king, prelates, and magnates.1

In this record we find, also, the origin of what afterwards became a settled practice,-that of paying the representatives of the people, wages, or expenses of attending parliament; for a writ is recorded to the sheriff of Yorkshire, commanding that the two knights who should attend the parliament should be paid their reasonable expenses in coming to the parliament, of staying there, and of returning to their own parts; which expenses the sheriff was directed to levy on the community of the county.

When the civil war had terminated, and Henry's authority was restored (which happened after the battle of Evesham, on the 4th of August, 1265, in which Leicester was slain, and the King was released from bondage by his son, Prince Edward), the precedent of Leicester, regarded as an act of usurpation, was discontinued, and was not revived during the remainder of Henry's reign, and the greater part of the following reign; but the great council of prelates and barons went on in its old course.

Edward I. succeeded his father Henry III., on the 16th November, 1272. He held his first Parliament at Westminster, on the 5th April, 1275. The Statute of Westminster was then passed, which consists of fifty-one chapters, and is called "the Acts of King Edward, made at his first Parliament, after his coronation, by his council, and by the

1 The following is the substance of the three writs

"Item mandatum est singulis vicecomitibus per Angliam ; quod venire faciant duos milites de legalioribus, probioribus et discretioribus militibus singulorum comitatuum, ad regem London', in octab' prædictis, in forma supradicta.

"Item in forma prædicta scribitur civibus Ebor', civibus Lincoln' et ceteris burgis Angliæ, quod mittant in forma prædicta duos de discretioribus, legalioribus et probioribus, tam civibus, quam burgensibus suis.

"Item in forma prædicta mandatum est baronibus, et probis hominibus Quinque Portuum, prout continetur in brevi irrotulato inferius." (Rymer's Fœdera, vol. i. p. 449.)

1295.]

REPRESENTATION RESUMED.

77

assent of archbishops, bishops, abbots, priors, earls, barons, and all the commonalty of the realm." But a subsequent statute of Edward I.-the Statute of Gloucester-made in the sixth year of his reign, 1278, omits any allusion to the commonalty, stating that the statute was made by the king, calling together the prelates, earls, and barons, and his council. Edward made a nearer approach to the precedent of Leicester in the eighteenth year of his reign, 1290; when writs of election were addressed to the sheriffs, directing them to return two or three knights, to appear at Westminster, with full powers for themselves and the 'communitas' of the shire, to consent to what should be then and there ordained by the earls, barons, and certain other of the 'Proceres' of the kingdom. In 22 Edward I., 1294, similar writs were addressed to the sheriffs, stating that the king intended to have a colloquium' (a term used for parliament) with the earls, barons, and other magnates of the kingdom, at Westminster, on the morrow of St. Martin; and ordering the sheriffs to cause two knights to be elected, with full power to consent, for themselves and the communitas,' to what should be ordained by the earls, barons, and proceres.2

The duties assigned to the knights in these parliaments were to consent to the ordinances of the earls and barons; but a more complete adoption of the precedent of Leicester soon followed. In 23 Edward I., 1295, writs of election were addressed to all the sheriffs of England, reciting that the king intended to hold a parliament, with the earls, barons and other proceres of the kingdom, for the purpose of providing against the dangers which threatened the kingdom; for which purpose they had been summoned to come to the king on Sunday next after the feast of St. Martin.

1 Parliamentary Writs and Records (Record Commission edition), vol. i. p. 15.

2 Idem, p. 20. "Between 49 Henry III. and 18 Edward I. there is no evidence to prove that the members of the House of Commons were present in Parliament; in fact, the records which are extant prove the contrary." (Hardy, on the 'Modus Tenendi Parliamentum,' pref. p. xi.)

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 Par liament. 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 Fœd., 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 up 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.

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