burgenses regni, qui sex millia
promiserunt. Those who know the brief and incorrect style of chronicles
will not think it unlikely that the offer of 6000 marks by the burgesses
was not made in parliament, but in consequence of separate requisitions
from the crown. Pinkerton is of opinion that the magistrates of royal
burghs might upon this, and perhaps other occasions, have attended at
the bar of parliament with their offers of money. But the deputies of
towns do not appear as a part of parliament till 1326. Hist. of
Scotland, vol. i. p. 352, 371.
[77] [Note VII.]
[78] These expressions cannot appear too strong. But it is very
remarkable that to the parliament of 18 Edward III. the writs appear to
have summoned none of the towns, but only the counties. Willis, Notit.
Parliament. vol. i. Preface, p. 13. Prynne's Register, 3rd part, p. 144.
Yet the citizens and burgesses are once, but only once, named as present
in the parliamentary roll; and there is, in general, a chasm in place of
their names, where the different ranks present are enumerated. Rot.
Parl. vol. ii. p. 146. A subsidy was granted at this parliament; so
that, if the citizens and burgesses were really not summoned, it is by
far the most violent stretch of power during the reign of Edward III.
But I know of no collateral evidence to illustrate or disprove it.
[79] Tallages were imposed without consent of parliament in 17 E. I.
Wykes, p. 117; and in 32 E. I. Brady's Hist. of Eng. vol. ii. In the
latter instance the king also gave leave to the lay and spiritual
nobility to set a tallage on their own tenants. This was subsequent to
the Confirmatio Chartarum, and unquestionably illegal.
[80] Prynne's 2nd Register. It may be remarked that writs of summons to
great councils never ran ad faciendum, but ad tractandum, consulendum et
consentiendum; from which some would infer that faciendum had the sense
of enacting; since statutes could not be passed in such assemblies. Id.
p. 92.
[81] 28 E. I., in Prynne's 4th Register, p. 12; 9 E. II. (a great
council), p. 48.
[82] Brady's Hist. of England, vol. ii. p. 40; Parliamentary History,
vol. i. p. 206; Rot. Parl. t. ii. p. 66.
[83] Carte, vol. ii. p. 451; Parliamentary History, vol. i. p. 234.
[84] Rot. Parl. vol. i. p. 289.
[85] Id. p. 430.
[86] Id. vol. ii. p. 7.
[87] Id. p. 289, 351, 430.
[88] Id. p. 5.
[89] Id. p. 86.
[90] Rot. Parl. vol. i. p. 285.
[91] 4 E. III. c. 14. Annual sessio
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