The National Register.
London, England, 1817-04-07 00:00:00

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Our tling, Conlititutton anti

MONDAY, APRIL 7, 181.7.

advice of such as aro present, though all that are sum-
moned do not appear.''
Hence it is fair to conclude, that in the earliest times
of the British history, the three estates of the realm
consisted of the king, or monarchical hoists, who could
not make laws without the uid of his coaucil assembled,
consisting of the principal men, or uristooratical assist-
ants of the crown ; and the' freehorgos, liheri tencntes,
who were eimarn and culled by snminaus to represent
themselves and all the rest of the people, in grand ge.
mote or common council of the realm, chosen as above
stated, by those who paid an animal rent as house.
holders I.it. 109, b.
11. As to Axxuat. Pattit.tstENTs.—Parliaments
must be allowed to be of very great antiquity, coeval
with the British constitution. The wittenagemote,
amongst our Saxon ancestors, moons the same thing,
and differed little from a folkmotc, only that the last
was annual, anti chiefly sat about the standing affairs
of the nation ; the other was culled at the king's plea-
sure upon emergencies of the state, and to make laws
(Spam. Gemotum). The tblkmote was introduced by
King Arthur, and met yearly on the kalends of May,
' as we find in the laws of King Edward the Confessor.
Quod Artherus Res inclytus Britoronn inrenit.—At this
yearly folkmote or parliament met once a year the
prinees of the realm (peers were so called), bishops,
magistrates, and freemen. All the laymen were sworn
in the presence of the bishops into a mutual covenant
with each other, into their fealty to the king ; and to
preserve the rights of the kingdom, they consult the
common safety, of peace, of war, and of promoting the
public profit. Spel. 315. This part of their functions
had at least the authority of parliament. And as a proof
that this folkmote made all the laws, the coronation
oath of Bic. 11. (taken twice) may be adduced :--Cos.
cedisjustas leges et consuetudines e.esc tenendas ; d pro-
m/His per le esse protegendas et ad itonorum Dei corm-
borandus quas vulgar clegerit seeunduns vire: teas?
Respondehit, concede el prondlto. I Hen. IV. number
4t) inter decem scriptures, p. 2746.—t-Do you grant that
the just laws and customs, which are of the Mika chus-
ing, shall be kept; do you promise that they shall he
protected, and to the honour of God receive affirmance
by you to the utmost of your power ? The king shall
answer—l grant and promise.
The statutes and writs arc our first authority. But
upon the authority of Horne 's Mirror, in the time of
Edward I. and 11. we learn that Alfred caused the
counties to meet, and ordained it fbr a perpetual usage
what had already been the custom during the heptar-
ehy. (Ginn. 1. 13, c. 9.c. i .-10 Rep. Inst.
52.), the last two times yearly, or oftener, if need were,
in time of peace, they should assemble at London to sit
in parliament ; and he states, as the second abuse of the
law, that parliaments did meet but seldom, and at the
king's will, for aids and gathering of treasure ; and that
the kin!, made ordinances instead of the parliament.
Thus then the case stood till Edw. I. A.1).1.27,2.
But we may refer back to 1:235, Q 0 Hen. 111. when
we find in the preamble to the stat. of Merton made
upon the assembly there to the marriage of Heury with
Queen Elinor, that this law was made as well by the
Archbishop of Canterbury, the Bishops, Earls and
Barons, as by the king himself and others. It cannot
be supposed that this parliament weld have been com-
posed of any other than the peronages named with
these others, and that they were the original freeborges
of the realm, and deeennaries.
In It 266, the .51 Hen. 111. seems from its language
to be an ordinance of the king minis.. 6, which is in-
tosluced by the words " By consent of the whole
rettlin," the assize of flour, &c. and from this date writs
are pref,rred. which have been issued to stunmon knights,
citizens and burgesses to parlianamt.
In the following year I'2(i7, the stat. of Marlborough
is pia-them.' by these words, " 'lke more discreet men
of the realm being called togethur us well of the higher
as of the lower estate," which lower estate, it is fairly
to be presumed, consisted of the same persons as are
above mentioned.
In the preamble of the stet. of' Westminster, I Edw.
Al),I. . It is with the assent of the archbishops,
bishops, abbots, priors, earls, barons, and all the com-
monalty of the realm being thither sum:none:l.
The friends of Universal Suffrage have here a claim
t o the extensive meaning of the term county, but if
the above explauatiou of the liveltorges who were called
to the county camas, on view of frank pledge, can be
sttrat.,l to have prevailed, the &tate must have con-
stituted this eaptemnalty, slid not the whole people at