knights and freemen of their seignories. The theaw, or under thane, that was a dependent upon the great thane, was not a member of the Saxon parliament, being represented there by his chief, his thane, as the Norman vavafor or knight, that held of a great baron in mean tenure, was not a member of the Norman parliament, he being represented there by his great baron, of whom he held." The original right of representation therefore arose out of the actual poffeffion of property, and not from any confent, vote, or election of the individuals of the community.

The progreffive It is curious to obferve and attend to the confequence of the commoners. progreffion of confequence and importance, which the commoners acquired in the state. *«In the feventeenth of king John, A. D. 1215, the barons obtained a confirmation of ancient liberties, and new privileges, and for the more firm establishing them, it was conceded by the king, that the barons fhould choose twenty-five of their own body to have power over all judges, juftices, and minifters, to fee the great charters obferved; but as yet no

* Gurdon, vol. i. 214, who quotes Rel. Spel. 63, 64. Brady, 617. Rot. Paten. 42 H. III. Somner's Dictionary, voce Unnan. Parim. Sum. 3. Brady, 649. Parl. Sum. 7.

representatives

representatives of the generality of the commons in parliament.

By king John's charter the great barons were to have particular fummons, and the reft of the tenants in capite were to be fum moned in general by the fheriffs; so many fmall tenancies being made by king Stephen and king John, that the tenants in capite made the parliament too tumultuous and numerous, wherefore the fheriffs returned proxies for them, but not for the freeholders in general; for fuch as held freely of the great barons Formerly the were by them reprefented, they taking care fented by the of their tenants interest in parliament. The common people were reprefented in parliament by their chief lords, of whom they held.

"In the thirty-fecond of Henry III. anno Dom. 1258, in the parliament of Oxford it was agreed, that twelve perfons fhould be chofen to represent the commons in parliament; but thofe elected were bishops, great barons, and tenants in capite, as were the patrons of the Roman plebeians chofen out of the patricians. These representatives of the commons were chofen by virtue of the conftitutions of Oxford, which both king and barons fwore to obferve; but these conftitutions were foon dropt.

"This king in confideration of fubfidies Ff made

people repre

lords.

Who were cho

fen by the king,

people.

made frequent conceffions to his barons and people, which were not very lafting in his unfettled reign.

"In the forty-third year of his reign, he fent a charter to each county of England, publishing his refolution to take the advice of his parliament, and in the charter expreffes, who were to be the members thereof. The charter is writ in the Norman Saxon dialect and character, tranflated into Latin by Mr. Somner; fo much of it, as relates to my fubject is in these words, viz. vobis omnibus notum facimus, quod volumus & concedimus, ut quod confiliarii noftri omnes, five major pars eorum, qui fuerint electi à nobis & gentis plebe, &c.

"Those members of parliament, that were and who by the included in the words, electi è nobis, were the great barons, that had particular letters of fummons directed to each one of them; thofe meant by electi à gentis plebe, were fuch as were returned by the fheriffs, which were the

in returning

members to parliament.

Sheriffs powers leffer tenants in capite. In thofe early days there was a great power in the fheriffs tite king's officers, in returning the king's tenants; they were to return all, but many got themselves excufed by agreement amongst themselves and the fheriffs; those, that went were the electi à gentis plebe.

« And

in doing it.

"And the fheriffs were afterwards very Their partiality partial in returning burgeffes for boroughs, they returning burgeffes for fuch boroughs, as they pleased, and omitting others, till acts of parliament were made to direct and regulate their proceedings.

Henry III. being under great difficulties with his barons and great men, in the fortyninth year of his reign fubmitted to have a parliament called in fuch manner, as the barons directed; and Simon Montford, earl of Leicester, being the head of the confederate barons, that parliament was generally called Montford's parliament.

"In this parliament of the forty-ninth of Montford's par

the king, he fent writs to the bifhops, abbots, priors, earls, and great barons particularly, and to the sheriffs of the feveral counties, to return two knights for each county, two citizens for each city, and two burgeffes for each borough. And this was the first parliament of lords spiritual and temporal, knights, citizens, and burgeffes, when the king was in the hands of Montford.

"After the defeat of Simon Montford and the barons at the battle of Evesham, the king's affairs took a turn to his advantage, and to the reft of the parliaments of his reign he fummoned none but lords fpiritual and temFf2 poral,

liament the first

regular conven

tion of lords

and commons.

From the 23d Ed. I. knights, citizens, and burgeffes re. gularly fummoned.

Difcretionary power in the

poral, and tenants in capite, wholly dropping knights, citizens, and burgeffes; and fo they were in Edward I.'s reign, till in his eighteenth year he fummoned knights, citizens, and burgeffes, and in his twenty-third year, and always afterwards."

About the time of Hen. III. and fubfeTheriffs to make quent reigns, the returns for boroughs were

returns.

almoft difcretionary in the breafts of the fheriffs. In fact they feldom made returns for all the boroughs within their bailiwicks.

The writs did not particularly name the boroughs, that were to fend burgeffes, but were general, viz. de qualibet civitate duos cives, & de quolibet burgo duos burgenfes, &c.eligifacias.

"The form of the returns annexed to the ancient writs indicates fomething of a difcretionary power in the fheriff, who after the names of the knights, citizens, and burgeffes, concludes thus: non funt plures civitates vel burgi in balivá med, though there were more boroughs there; and fometimes the return concluded in these words, viz. et non funt aliæ civitates feu burgi infra comitatum, de quibus aliqui cives, feu burgenfes, ad dictum parliamentum venire debent feu folent propter eorum debilitatem feu paupertatem."

Brad. Burg. 52-55.

+ Gurdon, vol. i. p. 235.

« The