privileges set them greatly above the roturiers of France. "I (3) The change which took place in the constitution of parliament consummated the degradation of the lower nobility. mean," says Hallam, "not so much their attendance by representation, instead of personal summons, as their election by the whole body of the freeholders, and their separation, along with citizens and burgesses, from the house of peers." CHAPTER III. THE GROWTH OF PARLIAMENT. PART I. Early History of Parliament. The Great Council-The Barons and inferior Tenants-in-chief -Principle of Representation-Name of Parliament when first given-Lesser Barons-Selden's Theory- Madox's Theory - Selden's Theory adopted - Representation of Cities and Boroughs-Rendered indispensable by the Abolition of Tallages-Progress of the Towns-Towns let to Fee-farm-Charters of Incorporation-City of London— Political Influence of London-Authorities in favour of an earlier Representation of Boroughs-St. Albans-Barnstaple -The Upper House-The Bishops-The temporal PeersPeerage becomes hereditary-Life Peers - Fact of there being only two Houses of Parliament important - One Parliament for all England-Differences between the two Houses few-Reasons-Gradual Growth of the Constitution -Right of Taxation-Directing and checking Expenditure -Supply to depend on Redress of Grievances-Illegal Ordinances and Interpolations--Private Bills-Punishing Members-Instances of important Impeachments-Mompesson— -Bacon-The Earl of Middlesex-Buckingham-Strafford -Clarendon-Danby-Fitzharris. As ours is a constitution consisting of king, lords and commons, we cannot strictly carry it further back than the admission of the latter into parliament. We have already briefly alluded to the The Great composition of the Great Council of the Anglo Council. Norman period, and have drawn attention to the fact that, although every tenant-in-chief was entitled to his summons, by reason of their comparative poverty, and the distance of their estates from the cities where the council was usually convened, the poorer of these soon ceased to attend, or to be expected to attend, with any degree of regularity. Traces of the distinction between the richer and more powerful tenants-in-chief, styled "barons," and those of an inferior degree, appear earlier than John's reign, but in that king's Great Charter the line is drawn decisively and broadly between these two bodies. The important clause runs thus:-" We shall cause the archbishops, bishops, abbots, earls and greater barons to be separately summoned by our letters. And we shall cause our sheriffs and bailiffs to summon generally all others who hold of us in chief." A remedy was thus found for the inconvenience attached to the personal attendance of the inferior tenants-in-chief in parliament, by introducing the Principle of principle of representation. If we consider that, The barons and inferior tenants-inchief. representa tion. by virtue of the 14th clause, the mass of inferior tenants-in-chief in each county would, at the summons of their sheriff, elect certain individuals of their body to represent them in the great council of the realm, we see a clear recognition of that part of the supreme assembly which now consists of the county members of the House of Commons; and we see the principle of representa Parliament tion also. In 1245 we find Henry III., in the very terms of the Great Charter of John, summoning the great barons singly, and the other tenants-in-chief generally, by writs to the sheriff of each county. To a "Great Council" sum- Name of moned in 1246, the title of " Parliament" is first first given. given. Finally in 1265, in the celebrated parliament summoned by De Montford in Henry's name, at which the representation of boroughs was created, the representation of the counties was undoubtedly confirmed on its permanent basis, as the writs are still extant by which each sheriff is directed to return two lawful, good and discreet knights for his shire. barons. It is important to notice that soon after the principle of representation was introduced, from the circumstance of the knights being elected at the county courts, at which all the freeholders of the shire did suit and service, a considerable extension of the franchise took place. We find that Lesser certainly in the reign of Henry III., and probably earlier, the county members of England were elected by all the freeholders, whether they held by military or socage tenure,—whether they were immediate tenants of the crown or not. Selden and Madox have entertained different opinions as to the origin of the "lesser barons." theory. According to the former, every tenant-in-chief Selden's by knight-service was an honorary or parliamentary baron by reason of his tenure. The old ༠ Madox's theory. Selden's theory adopted. Representa tion of cities and rich barons became anxious to be distinguished from the poorer and parvenu peers, and they succeeded, about the latter end of John's reign, in having the most eminent tenants-in-chief summoned by particular writs, the rest by a general summons through the sheriffs of the counties; and also in making the lesser barons pay relief, not as for an entire barony, but for so many knights' fees. Thus their tenure was changed to one by mere knight-service, and their denomination to tenants-in-chief. According to the latter, on the other hand, tenure of knight-service-in-chief was always distinct from that by barony; and certainly tenantsin-chief are enumerated as distinct from earls and barons in the Charter of Henry I. We have ourselves adopted the view taken by Selden, which seems the best supported by evidence; but it was thought better to draw the attention of the reader to both theories before dismissing the lesser barons from our notice. For the commencement of the other branch of and boroughs. Our House of Commons, the representatives of cities and boroughs, we must take a date subsequent to the Great Charter of John. Simon de Montfort was the first statesman who perceived and fully appreciated the growing importance of the commercial middle classes in England. After the battle of Lewes, a parliament was called in 1264, and two burgesses were returned for every |