The History of England - Vols. 1 to 6 (89 page)
Read The History of England - Vols. 1 to 6 Online
Authors: David Hume
[g]Rymer, vol. i. p. 200. Trivet, p. 162. T. Wykes, p. 37. M. West. p. 273.
[m]M. Paris, p. 177. Chron. Dunst. vol. i. p. 71.
[p]Rymer, vol. i. p. 201. Chron. Dunst. vol. i. p. 73.
[q]This seems a very strong proof that the house of commons was not then in being;
otherwise the knights and burgesses from the several counties could have given into the lords a list of grievances, without so unusual an election.
[w]M. Paris, p. 183. Chron. Dunst. vol. i. p. 72. Chron. Mailr. p. 188.
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[x]M. Paris, p. 183. Chron. Dunst. vol. i. p. 73.
[y]Rymer, vol. i. p. 203, 204, 205, 208. M. Paris, p. 184, 185, 187.
[a]Rymer, vol. i. p. 211. M. Paris, p. 192.
[c]M. Paris, p. 194. M. West. p. 275.
[d]M. Paris, p. 193. Chron. Dunst. vol. 1. p. 74.
[f]Ibid. p. 198. Chron. Dunst. vol. i. p. 75, 76.
[h]M. Paris, p. 199. M. West. p. 277.
[i]Chron. Dunst. vol. i. p. 78.
[m]L’Esprit de Loix. Dr. Robertson’s History of Scotland.
[n]Padre Paolo Hist. Conc. Trid.
[q]Marculf. Form. 47. apud Lindenbr. p. 1238.
[r]The ideas of the feudal government were so rooted, that even lawyers, in those
ages, could not form a notion of any other constitution.
Regnum
(says Bracton, lib. 2.
cap. 34.)
quod ex comitabus & baronibus dicitur esse constitutum.
[s]Coke Comm. on Lit. p. 1, 2, ad sect. 1.
[t]Somner of Gavelk. p. 109. Smith de Rep. lib. 3. cap. 10.
[u]Du Cange Gloss. in verb.
Par.
Cujac. Commun. in Lib. Feud. lib. 1. tit. p. 18.
Spelm. Gloss. in verb.
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[w]Cambd. in Chesh. Spel. Gloss. in verb.
Comes Palatinut.
[z]Dugdale’s Baronage, from Domesday-book, vol. i. p. 60, 74, iii, 112, 132, 136,
138, 156, 174, 200, 207, 223, 254, 257, 269.
[a]Ibid. p. 369. It is remarkable that this family of d’Arcy, seems to be the only male
descendants of any of the Conqueror’s barons now remaining among the peers. Lord Holdernesse is the heir of that family.
[b]Spel. Gloss. in verb.
Domesday.
[c]Dug. Bar. vol. i. p. 79. Ibid. Origines Juridicales, p. 13.
[e]Four hydes made one knight’s fee: The relief of a barony was twelve times greater
than that of a knight’s fee; whence we may conjecture its usual value. Spelm. Gloss.
in verb.
Feodum.
There were 243,600 hydes in England, and 60,215 knights fees; whence it is evident that there were a little more than four hydes in each knight’s fee.
[f]Spelm. Gloss. in verb.
Baro.
[g]
Liber homo
anciently signified a gentleman: For scarce any one beside was entirely free. Spelm. Gloss. in verbo.
[h]Du Cange’s Gloss. in verb.
commune, communitas.
[i]Guibertus, de vita sua, lib. 3. cap. 7.
[k]Stat. of Merton, 1235. cap. 6.
[l]Holingshed, vol. iii. p. 15.
[m]Madox’s Baron. Angl. p. 19.
[n]Norman. Du Chesnii, p. 1066. Du Cange Gloss. in verb.
commune.
[o]Sometimes the historians mention the people,
populus,
as a part of the parliament: But they always mean the laity, in opposition to the clergy. Sometimes, the word,
communitas,
is found; but it always means
communitas baronagii.
These points are clearly proved by Dr. Brady. There is also mention sometimes made of a crowd or multitude that thronged into the great council on particular interesting occasions; but as deputies from boroughs are never once spoke of, the proof, that they had not then any existence, becomes the most certain and undeniable. These never could make a crowd, as they must have had a regular place assigned them, if they had made a PLL v6.0 (generated September, 2011)
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regular part of the legislative body. There were only 130 boroughs who received writs of summons from Edward I. It is expressly said in Gesta Reg. Steph. p. 932, that it was usual for the populace,
vulgus,
to crowd into the great councils; where they were plainly mere spectators, and could only gratify their curiosity.
[p]Dugd. Orig. Jurid. p. 15. Spelm. Gloss. in verbo
parliamentum.
[q]Ang. Sacra, vol. i. p. 334, &c. Dugd. Orig. Jurid. p. 27, 29. Madox Hist. of Exch. p.
75, 76. Spelm. Gloss. in verbo
hundred.
[r]None of the feudal governments in Europe had such institutions as the county-
courts, which the great authority of the Conqueror still retained from the Saxon customs. All the freeholders of the county, even the greatest barons, were obliged to attend the sheriffs in these courts, and to assist them in the administration of justice.
By this means, they received frequent and sensible admonitions of their dependance on the king or supreme magistrate: They formed a kind of community with their fellow barons and freeholders: They were often drawn from their individual and independant state, peculiar to the feudal system; and were made members of a political body: And perhaps, this institution of county-courts in England has had greater effects on the government than has yet been distinctly pointed out by historians or traced by antiquaries. The barons were never able to free themselves from this attendance on the sheriffs and itinerant justices till the reign of Henry III.
[t]Madox Hist. of Exch. p. 103.
[u]Bracton, lib. 3. cap. 9. § I. cap. 10. § I.
[w]Spelm. Gloss. in verbo
justiciarii.
[x]Madox Hist. Exch. p. 27, 29, 33, 38, 41, 54. The Normans introduced the practice
of sealing charters; and the chancellor’s office was to keep the Great Seal.
Ingulph.
Dudg.
p. 33, 34.
[y]Madox Hist. of the Exch. p. 134, 135. Gerv. Dorob. p. 1387.
[z]Madox Hist. of the Exch. p. 56, 70.
[a]Dial. de Scac. p. 30. apud Madox Hist. of the Exchequer.
[d]Madox Hist. of the Exch. p. 65. Glanv. lib. 12. cap. 1. 7. LL. Hen. I. § 31. apud
Wilkins, p. 248. Fitz Stephens, p. 36. Coke’s Comment. on the Statute of Mulbridge, cap. 20.
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[e]Madox Hist. of the Exch. p. 83, 84, 100. Gerv. Dorob. p. 1410. What made the
Anglo-Norman barons more readily submit to appeals from their court to the King’s court of Exchequer, was, their being accustomed to like appeals in Normandy to the ducal court of Exchequer. See Gilbert’s History of the Exchequer, p. 1, 2.; though the author thinks it doubtful, whether the Norman court was not rather copied from the English, p. 6.
[f]Fleta, lib. 1. cap. 8. § 17. lib. 3. cap. 6. § 3. Bracton, lib. 2. cap. 5.
[i]Ibid. p. 529. This author says a fifteenth. But it is not easy to reconcile this account
to other authorities.
[l]Madox’s Hist. of the Exch. p. 275, 276, 277, &c.
[o]Madox’s Hist. of the Exch. p. 475.
[q]So also Chron. Abb. St. Petri de Burgo, p. 55. Knyghton, p. 2366.
[r]Hottom. de Feud. Disp. cap. 38. col. 886.
[s]Lib. Feud. lib. 3. tit. 1.; lib. 4. tit. 21. 39.
[t]Lib. Feud. lib. 1. tit. 21.
[b]Spelm. Gloss. in verb.
Felonia.
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[c]Spelm. Gloss. in verb.
Felonia.
Glanville, lib. 7. cap. 17.
[d]Madox’s Hist. of the Exch. p. 223.
[h]Madox’s Hist. of Exch. p. 274, 309.
[l]Id. p. 296. He paid 200 marks, a great sum in those days.
[r]Madox’s Hist. of Exch. p. 311.
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[d]Madox’s Hist. of Exch. p. 305.
[m]Madox’s Hist. of Exch. p. 330.
[r]Id. p. 342.
Pro habenda amica sua & filiis, &c.
[t]Id. ibid.
Ut rex taceret de uxore Henrici Pinel.
[u]
We shall gratify the reader’s curiosity by subjoining a few more instances from
Madox,
p. 332. Hugh Oisel was to give the king two robes of a good green colour, to have the king’s letters patent to the merchants of Flanders with a request to render him 1000 marks, which he lost in Flanders. The abbot of Hyde paid thirty marks, to have the king’s letters of request to the archbishop of Canterbury, to remove certain monks that were against the abbot. Roger de Trihanton paid twenty marks and a palfrey, to have the king’s request to Richard de Umfreville to give him his sister to wife, and to the sister that she would accept of him for a husband: William de Cheveringworth paid five marks, to have the king’s letter to the abbot of Perfore, to let him enjoy peaceably his tythes as formerly; Matthew de Hereford, clerk, paid ten marks for a letter of request to the bishop of Landaff, to let him enjoy peaceably his church of Schenfrith; Andrew Neulun gave three Flemish caps, for the king’s request to the prior of Chikesand, for performance of an agreement made between them; Henry de Fontibus gave a Lombardy horse of value, to have the king’s request to Henry Fitz-Hervey, that he would give him his daughter to wife: Roger, son of Nicholas, promised all the lampreys he could get, to have the king’s request to earl William Mareshal, that he would grant him the manor of Langeford at Ferm. The PLL v6.0 (generated September, 2011)
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burgesses of Glocester promised 300 lampreys, that they might not be distrained to find the prisoners of Poictou with necessaries, unless they pleased. Id. p. 352. Jordan, son of Reginald, paid twenty marks to have the king’s request to William Paniel, that he would grant him the land of Mill Nierenuit, and the custody of his heirs; and if Jordan obtained the same, he was to pay the twenty marks, otherwise not. Id. p. 333.
[w]Madox’s Hist. of Exch. p. 359.
[y]Petri Bles. Epist. 95. apud Bibl. Patrum, tom. 24. p. 2014.
[z]Hoveden, Chron. Gerv. p. 1410.
[b]Spelm. Gloss. in verbo
Foresta.
[c]Madox’s Hist. of the Exch. p. 151. This happened in the reign of king John.
[i]We learn from the extracts given us of Domesday by Brady in his Treatise of
Boroughs, that almost all the boroughs of England had suffered in the shock of the Conquest, and had extremely decayed between the death of the Confessor, and the time when Domesday was framed.