tes, omnes compatriotae, qui
leges narraverant, that he would permit them to retain the customs of
their ancestors, imploring him by the soul of King Edward, cujus erant
leges, nec aliorum exterorum. The king at length gave way, by the advice
and request of his barons, consilio et precatu baronum. These of course
were Normans; but what inference can be drawn in favour of parliamentary
representation in England from the behaviour of the rest? They were
supplicants, not legislators.
[24] 2 Prynne's Register, p. 16.
[25] Brady's Introduction, Appendix, pp. 41 and 44. "The language of
these writs implies a distinction between such as were styled barons,
apparently including the earls and the four knights who were to come
from the several counties ad loquendum, and who were also distinguished
from the knights summoned to attend with arms, in performance, it should
seem, of the military service due by their respective tenures; and the
writs, therefore, apparently distinguished certain tenants in chief by
knight-service from barons, if the knights so summoned to attend with
arms were required to attend by reason of their respective tenures in
chief of the king. How the four knights of each county who were thus
summoned to confer with the king were to be chosen, whether by the
county, or according to the mere will of the sheriff, does not appear;
but it seems most probable that they were intended by the king as
representatives of the freeholders of each county, and to balance the
power of the hostile nobles, who were then leagued against him; and the
measure might lead to conciliate the minds of those who would otherwise
have had no voice in the legislative assembly." Report of Lords'
Committee, p. 61.
This would be a remarkable fact, and the motive is by no means
improbable, being perhaps that which led to the large provisions for
summoning tenants in chief, contained in the charter of John, and
afterwards passed over. But this parley of the four knights from each
county, for they are only summoned ad loquendum, may not amount to
bestowing on them any legislative power. It is nevertheless to be
remembered that the word parliament meant, by its etymology, nothing
more; and the words, ad loquendum, may have been used in reference to
that. It is probable that these writs were not obeyed; we have no
evidence that they were, and it was a season of great confusion very
little before the granting of the charter of Henry III.
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