der we find the Traces of it for some Time effaced by the Revolution effected under William the Norman.
While the feodal System which he introduced, or rather, perhaps, extended [1] was preserved in its full Vigour, we find no express Mention of the Commons. But the great Opposition the succeeding Kings met with from the enormous Power of the Barons, and the Struggles between regal and aristocratical Tyranny, occasioned the Decline of that System; and, with other concurring Circumstances,[2] gradually made Way for the Restoration of the Commons into the Great Council. As the greater Baronies escheated, they were, in order to lessen the Influence of the Nobility, portioned out into lesser Tenures, in Capite;[3] and these Tenants were called the Lesser Barons; who had a Right of attending the Parliament. Their Number, according to Gilbert, was at one Time three thousand: Their Attendance consequently becoming inconvenient, if not impossible, two Knights were at length summoned from each County, in the Room of these Lesser Barons.
The first Summons of these Knights, extant on Record, is the 49th of Henry III.[4] And it doth not appear that the Citizens and Burgesses, who were, at that time, the true Commons of the Realm, were regularly summoned at this Time. All we find is, that the Cities of York and Lincoln, and other Boroughs of England, were written to, and required to send two of the most discreet Men, &c.
The first regular Summons we meet with, directed to the Sheriff, for the Election of Citizens and Burgesses, is in the 23d of Edward I.[5] The Commons had by
this
- ↑ See Wright's Tenures, where the Authorities concerning Introduction of feudal Tenures are candidly and accurately stated.
- ↑ The Frauds and Impositions in collecting the Scutages and other feodal Revenues, was perhaps among the Causes of restoring the Commons, in order to procure their Assent to such Taxes as were proposed to be levied on them.
- ↑ This Policy is generally attributed to King Stephen.
- ↑ It is well observed by Brady, that it does not appear by the Writ, whether the Sheriffs, or the Counties, were to elect these Knights. The Mandate to the Sheriffs being only Quod venire faciant. It is observable likewise, that these Knights seem, for some Time, to have been considered as a distinct Order from the Commons; as maybe inferred from the 10 Ed. 3. where it is said, "The King hath perceived, at the Complaint of the Prelates, Earls, Barons, and also at the shewing of the Knights of the Shires, and his Commnons, &c." Likewise in 6 Ed. 3. n. 6. the Prelates, Earls, Barons and Great Men by themselves, & les Chivalers des Countez & Gentz du Commune par Eux Mesmes, &c. ☞ It may not be improper, however, to observe of Brady, that though he discovers great Learning and Acuteness, yet he evidently wrote with the illiberal View of serving a Party, rather than of investigating Truth. As an Author, therefore, he ought to be read with Caution: And as a Man, capable of prostituting his Talents to explain away the Rights of the People, he ought to be remembered with Concern.
- ↑ This, however, was more properly the Revival, than the Commencement of their Right. Indeed there are the strongest presumptive Proofs, that the Commons were a Part of the Parliament soon after the
several Jurisdictions. The Saxon Policy likewise contributed to increase and confirm the aristocratical Power. For, if a Clown obtained a certain Portion of Land, that is, five Hides, he became a Thane; if a Merchant crossed the Sea thrice on his own Account, he rose to the same Honour. And if a Thane improved his Estate to the Amount of an Earldom, then he became an Earl. Though Instances of such Advancement might not probably be very frequent, yet, it is easy to conceive, that, under a Government, where a certain Portion of Property alone, stamped the Rank of Nobility on the Possessor, the Influence of the Burgesses or Commons must be extremely low. The same Law, which gave Encouragement to Trade, proved injurious to Liberty, by its Tendency to increase the Power of the Aristocracy.
Conquest;
