either knights or
burgesses sat in any of these parliaments. The "cunctarum regni
civitatum pariter et burgorum potentiores," mentioned by Wikes in 1269
or 1270, they suppose to have been invited in order to witness the
ceremony of translating the body of Edward the Confessor to his tomb
newly prepared in Westminster Abbey (p. 161). It is evident, indeed,
that this assembly acted afterwards as a parliament in levying money.
But the burgesses are not mentioned in this. It cannot, nevertheless, be
presumed from the silence of the historian, who had previously informed
us of their presence at Westminster, that they took no part. It may be
perhaps, more doubtful whether they were chosen by their constituents or
merely summoned as "potentiores."

The words of the statute of Marlbridge (51 Hen. III.), which are
repeated in French by that of Gloucester (6 Edw. I.), do not satisfy the
committee that there was any representation either of counties or
boroughs. "They rather import a selection by the king of the most
discreet men of every degree" (p. 183). And the statutes of 13 Edw. I.,
referring to this of Gloucester, assert it to have been made by the
king, "with prelates, earls, barons, and his council," thus seeming to
exclude what would afterwards have been called the lower house. The
assembly of 1271, described in the Annals of Waverley, "seems to have
been an extraordinary convention, warranted rather by the particular
circumstances under which the country was placed than by any
constitutional law" (p. 173). It was, however, a case of representation;
and following several of the like nature, at least as far as counties
were concerned, would render the principle familiar. The committee are
even unwilling to admit that "la communaute de la terre illocques
summons" in the statute of Westminster I., though expressly
distinguished from the prelates, earls, and barons, appeared in
consequence of election (p. 173). But, if not elected, we cannot suppose
less than that all the tenants in chief, or a large number of them, were
summoned; which, after the experience of representation, was hardly a
probable course.

The Lords' committee, I must still incline to think, have gone too far
when they come to the conclusion that, on the whole view of the evidence
collected on the subject, from the 49th of Hen. III. to the 18th of Edw.
I., there seems strong ground for presuming that, after the 49th of Hen.
III., the constitution of the le