Star.
London, England, 1830-07-29 00:00:00

LITERARY INTELLIGENCE.

When reviewing last week Sir JAKES MACIEIVI oast's History
of England, we had intended to add an extract of his opiniuts on
Magna Charts, preparatory to the insertion of what we deeth a
curious paper in opposition to the doctrines which Sir JAM Es mat ..
tains—namely,that no part of Magnet Charts infers that the peoi:;r
were, at that time, represented. As we consider the subject u: e
of deep interest, we have determined still to give the paper a place.
We precede it by FM extract from Sir JAMES% History :
" To constitute this Common Council for the levy of aids," gay.
the Charter, we shall cause the Prelates and greater Barons to
be separately summoned by our letters; and we shall direct mt-
Sheriffs and Bailiffs to summon generally all who hold of us in
chief; and re shall take care to publish the mute of the summons
in the same way, and give forty days' notice of tht meeting.' ro
the Upper House of our modern Parliament, this clause is s•i:l per
(ectly applicable. Front the Lower House, the Common Cottr.cl
of Joni'', Charter essentially differs, in excluding represerna"or .
and in confining the right of concurrence in imposing taxes to the
rest tenants of the Crown. It presents, however, the first anti n•
of a Parliamentary Constitution." So says Sir JAMES 'MACKIN( _
rosix ; and now let us proceed to"our historical illustration
There is nothing in the great charter of King John whin':
make us conceive that the people of Englaird were, in that age,
presented in Parliament." This assertion is ma* 11 a late
i:•go-
nious writer• ; and it having excited my curiosity so far as to
induce me to look into the great chatter, and to examine in..) I*-4
consequences, I shall beg to lay before the public a few of the
ideas which occurred to me on this occasion.

When tl'e confederacy of the nobility and the people under .Juan
had, in some measute, revived the freedom of former ages. and I sd
produced the Magna Cltarta, twenty-five herons were chosen Con-
servators of the public liberties, in conformity to that charter; and.
from the list that is given of them, I am inclined to think, that mr.
argument of good weight is to be drawn in favour of the early repre-
sentation of the people. The matter at least is curious; and what
I am to advance has not hitlitsto been remarked by ary writer
on English history or antiquities.

Theite congervatotg weret

The Earls of Clare,
A iibermale,
Gloucester,
Winchester,

li ereford.
Norfolk.
Oxford; 7.

W. Mareachall the younger, Gi'their de Clare,
Robert Fetzwalter, I..lu:ice de Vele ; 4.
The Mayor of Landoll, William de Atibenie,
William de Blobray, Ricliard de Perci,
Geoffrey de say, : William Maier,
Roger de Mutnbezon, John ritzrohett.
William de Huntingfcld, William dc Lanviday,
Robert de Roil, Hugh Bigot.
The Constabk of Cheater, Richard de Sluntficlici ; 14.

I{'hat I consider as very worthy of remark in this list of name•,
is the appearance of the Lord Mayor of London, and the Cortstai,
of Cluster.
According to Mr. Hume, and to Mr. Blackstone, these corset s.t_
tots must all of them have been of the order of the nobility ; they
must have been Earls and greater barons. In what way, then, is it
to be accounted foe from their reasonings, that the Mayor of !Ando'
should rank among the baronet peajores IP and that the Constable o:
Chester should likewise be entitled to the same honour? As Mayor
and Constable, they possessed not, according to the principles of
these writers, the smallest title to this precedence.
According, then, to the opinions and reasonings of Mr. Hume
and Mr. Blackstone, this matter abounds with difficulties that seem
to be inexplicable. Let us try to account for it on diferent

I will suppose, with some acute and judicious writers,: that the
people in the age of John were actually represented iu parlian• ent ;
and that the word baron was synonymous with freeman. On this
ground, it is natural to conclude, that the twenty-five conservaters
would be chosen out of the three estates ; with the exception, flat
the spiritual lords would decline any share in the trust,a. they were
in the interest of John, and favourers of arbitrary power.
The names, accordingly, of no ecclesiastics appear in the list.
The choice must have fallen on the temporal nobles and the core.
mons ; and, in this view of the matter, it is not surprising, that the
Mayor of London, and the Constable of Chester, should have been in
the number of conservators. By this plan, they must have con.
sisted of seven earls, four barons majoree, and fourteen commoners.
And, what confirms this conclusion in a very curious and th,cisive
manner, is the appearance of the Lord Mayor at the head of the
commoners. It was his proper place : for, it is worthy of notice.
that at this day, the representatives of London, on the meeting of a
new Parliament, go in their robes to the house, and take their seats
on the right hand of the Speaker's chair; a pre-eminence which is
their peculiar privilege, as the other members sit promiscuou.ly.
I do not propose to enter at large into the great question about
the early or late representation of the people ; but, if the difficulty
stated in this paper is tried by the opposite opinion. which
historians and antiquaries have formed on that subject, it is cb.
vim's, that it cannot be explained films the reasonings of prero.
gative writers, while it easily reconciles with the opinions of those
who lean to the popular party. And, that the pesple in those times
could not in reality be so much oppressed by the nobility, u has
been so frequently asserted, I would remark, that their influence
must in a great measure have depended on the lenity with which
they treated their vassals and retainers. For, in the number and
attachment of these, their power consisted. That the Dames oft:,
threw off all subjection and allegiance to the sovereign is certain
But what enabled them to do so? They must, doubtless, have
courted their vassals and retainers, who alone could constitute their
force.

That the term baron might apply to commoners, will not he et n.
teased by any one who is versant in ancient papers and recoils. The
citizens of London are frequently stiled howsines, rives, bargenses.
and **nowt. Lendonine ; and the men of the Cirque Port. wire
tilled IAIIOIIII3 and allanntB opaque perhisse.§
That the consetvators might be enabled to act with full force.
all men in in the kingdom were bound to swear obedience to them ;
and the freehokkes of each county,' says Mr. Hume, were to
ehuse twelve knights, who were to make a report of such evil
customs as required redress, conformable to the tenor of'ehe great
charter.' This, continues the sore author, seems u certain pm j,
that the house of commons was nit then in being ; others we the
knights and burgesses irons the several counties could hare n
in to the lords a list of the 'rimester 12 lamest any new election 1

If this conclusion be well founded, what I have said Is to little
purpose. But I will venture to &Ohm, that it has no solid founds.
Lion ; and that it rests on a mistake, which this very able historian
has fallen into, in regard to English jurisprudence.
In England, at a very early period, and even at this day, all
writs of inquiry directed to the sheriff, are returnable on the oaths c f
a jury of twelve men • nor has the government any other esesti:u.
clonal and legal method of coming at the truth of facts. In the pro.
sent case, this method was followed. The grievances tomplatrie.l
of were enrolled by this means ; and the sheriffs, as appears from
the records, made their returns accordingly.
It is thus, then, that I have been led to think, that from the sr.
pearance of the Lord Mayor of London, and the Constahle of Chi..
ter, in the list of the conservators of the libetties of England, an
gument might be brought in favour of the early rep/uncover:l 6:
the people.

We have inserted the above abridgment of a obscure van, ;ten
taking an interti.t in the enquiry, and we .hall tor:elude with a ►,•.
mark of our own on the text of the Charter, ss given by Sir Jam
MACILINTOSU. The exprestion, " and •e shall direct our Act w.
and bailiffs to summons you're, all who hold of us in chit f." da
not, we think, infer that othtrs wire not to be spiciallp ',no mon, d
Cr, ptrhaps, summoned according to sornt existing special custom.

• Mr. Wight, in hie Treatise on Election Law,, p. 16.
t Blackstone 's tetrod. p. 32, edit. 1762.
Whitelake, Petit, Tyrrrl, Bacon, ettkpla, Lyttel•on,
Wibertua, pricr et cnn Tenure tcelerior Chri%ti eantuariar, pret.i(
hominibus I.undorroe Francis et Anglia, soluton.— teens. Any/.
No. 28G.

Chita appellantur ir. membranis autheniiein
H. Rex Anglorull, epi.rovis—tt butgen,ikum Lur,doriae, !,alu.
um. Form. Amp!. Nu Cs. Reeeduitm Robtrii lr &ud ni;!it
et 31lie'litelis dr titilume bergeftiti Lontlonsae. Hit }Leif/nit. 10
FA I. Hid. P.
thinfridus 3lartel t•asoniltus Leudui.iat. et unisit•uo hotlxiluis,
te. Pure. Atiy/. Nu. 210. Major Lou denim, et Air Imams Lun.
Ldenise lute aaaaa runt, kc. Mona. 6. H. 3. Au.. 5. 4. .L.. hie..
vuL I. p.
N Vol I. p. 329.