ruth of their
interpretation in this instance, and the falsehood of their system,
treats it as a deviation from the established rule, and a proof of the
unsettled state of the constitution.

[14] [Note II.]

[15] M. Paris, p. 785. The barons even tell the king that this was
contrary to _his_ charter, in which nevertheless the clause to that
effect, contained in his father's charter, had been omitted.

[16] Henry II., in 1175, forbad any of those who had been concerned in
the late rebellion to come to his court without a particular summons.
Carte, vol. ii. p. 249.

[17] Upon the subject of tenure by barony, besides the writers already
quoted, see West's Inquiry into the Method of creating Peers, and
Carte's History of England, vol. ii. p. 247.

[18] Hody on Convocations, p. 293.

[19] Brady, Introduction to History of England. Appendix, p. 43.

[20] Brady's History of England, vol. i. Appendix, p. 182.

[21] Brady's Introduction, p. 94.

[22] Hist. of Common Law, vol, i. p. 202.

[23] This assembly is mentioned in the preamble, and afterwards, of the
spurious laws of Edward the Confessor; and I have been accused of
passing it over too slightly. The fact certainly does not rest on the
authority of Hoveden, who transcribes these laws _verbatim_; and they
are in substance an ancient document. There seems to me somewhat rather
suspicious in this assembly of delegates; it looks like a pious fraud to
maintain the old Saxon jurisprudence, which was giving way. But even if
we admit the fact as here told, I still adhere to the assertion that
there is no appearance that these twelve deputies of each county were
invested with any higher authority than that of declaring their ancient
usages. Any supposition of a real legislative parliament would be
inconsistent with all that we know of the state of England under the
Conqueror. And what an anomaly, upon every constitutional principle,
Anglo-Saxon or Norman, would be a parliament of twelve from each county!
Nor is it perfectly manifest that they were chosen by the people; the
word summoneri fecit is first used; and afterwards, electis de (not
_in_) singulis totius patriae comitatibus. This might be construed of the
king's selection; but perhaps the common interpretation is rather the
better.

William, the compiler informs us, having heard some of the Danish laws,
was disposed to confirm them in preference to those of England; but
yielded to the supplication of the delega