those trading towns; but it runs
only in the name of the king and his council." Carte, ii. 195, referring
to Rot. Wall. 11 Edw. I. m. 2nd.
As the parliament was summoned to meet at Shrewsbury, it may be presumed
that the Commons adjourned to Acton Burnell. The word "statute" implies
that some consent was given, though the enactment came from the king and
council. It is entitled in the Book of the Exchequer--des Estatus de
Slopbury ke sunt appele Actone Burnel. Ces sunt les Estatus fez at
Salopsebur, al parlement prochein apres la fete Seint Michel, l'an del
reigne le Rey Edward, Fitz le Rey Henry, unzime. Report of Lords'
Committee, p. 191. The enactment by the king and council founded on the
consent of the estates was at Acton Burnell. And the Statute of
Merchants, 13 Edw. I., refers to that of the 11th, as made by the king,
a son parlement que il tint a Acton Burnell, and again mentions l'avant
dit statut fait a Acton Burnell. This seems to afford a voucher for what
is said in my text, which has been controverted by a learned
antiquary.[*] It is certain that the lords were at Shrewsbury in their
judicial character condemning Llewellin; but whether they proceeded
afterwards to Acton Burnell, and joined in the statute, is not quite so
clear.
* Archaeological Journal, vol. ii. p. 337, by the Rev. W. Hartshorne.
[72] [Note VI.]
[73] Willis, Notitia Parliamentaria, vol. ii. p. 312; Lyttelton's Hist.
of Hen. II. vol. iv. p. 89.
[74] 6 Ric. II. stat. 2, c. iv.
[75] Rot. Parl. vol. iv. p. 22.
[76] Though such an argument would not be conclusive, it might afford
some ground for hesitation, if the royal burghs of Scotland were
actually represented in their parliament more than half a century before
the date assigned to the first representation of English towns. Lord
Hailes concludes from a passage in Fordun "that as early as 1211
burgesses gave suit and presence in the great council of the king's
vassals; though the contrary has been asserted with much confidence by
various authors." Annals of Scotland, vol. i. p. 139. Fordun's words,
however, so far from importing that they formed a member of the
legislature, which perhaps Lord Hailes did not mean by the quaint
expression "gave suit and presence," do not appear to me conclusive to
prove that they were actually present. Hoc anno Rex Scotiae Willelmus
magnum tenuit consilium. Ubi, petito ab optimatibus auxilio, promiserunt
se daturos decem mille marcas: praeter
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