M.

* * * * *

We admit that the battle of Evesham, literally speaking, was not the

origin of the House of Commons, and wish our correspondent P.T.W. had

furnished us with the name of the "modern writer" who has made the

assertion. At the same time it must be conceded that the fall of Simon de

Montfort, at Evesham, led to the more speedy consummation of the wished

for object. Thus Sir James Mackintosh, History of England, vol. i. p. 236,

says--

"Simon de Montfort, at the very moment of his fall, set the example of an

extensive reformation in the frame of parliament, which, though his

authority was not acknowledged by the punctilious adherents to the letter

and forms of law, was afterwards legally adopted by Edward, and rendered

the parliament of that year the model of the British parliament, and in a

considerable degree affected the constitution of all other representative

assemblies. It may indeed be considered as the practical discovery of

popular representation. The particulars of the war are faintly discerned

at the distance of six or seven centuries. The reformation of parliament,

which first afforded proof from experience that liberty, order, greatness,

power, and wealth, are capable of being blended together in a degree of

harmony which the wisest men had not before believed to be possible, will

be held in everlasting remembrance. He died unconscious of the

imperishable name which he acquired by an act which he probably considered

as of very small importance--the summoning a parliament, of which the

lower house was composed, as it has ever since been formed, of knights of

the shires, and members for cities and boroughs. He thus unknowingly

determined that England was to be a free country; and he was the blind

instrument of disclosing to the world that great institution of

representation which was to introduce into popular governments a

regularity and order far more perfect than had heretofore been purchased

by submission to absolute power, and to draw forth liberty from

confinement in single cities to a fitness for being spread over

territories which, experience does not forbid us to hope, may be as vast

as have ever been grasped by the iron gripe of a despotic conqueror. The

origin of so happy an innovation is one of the most interesting objects of

inquiry which occurs in human affairs; but we have scarcely any positive

information on the subject; for our ancient historians, though they are

not wanting in diligently recording the number and the acts of national

assemblies, describe their composition in a manner too general to be

instructive, and take little note of novelty or peculiarity in the

constitution of that which was called by the Earl of Leicester.

"That assembly met at London, on the 22nd of January, 1265, according to

writs still extant, and the earliest of their kind known to us, directing

'the sheriffs to elect and return two knights for each county, two

citizens for each city, and two burgesses for every burgh in the county.'

If this assembly be supposed to be the same which is vested with the power

of granting supply by the Great Charter of John, the constitution must be

thought to have undergone an extensive, though unrecorded, revolution in

the somewhat inadequate space of only fifty years, which had elapsed since

the capitulation of Runnymede; for in the Great Charter we find the

tenants of the crown in chief alone expressly mentioned as forming with

the prelates and peers the common council for purposes of taxation; and

even they seem to have been required to give their personal attendance,

the important circumstances of election and representation not being

mentioned in the treaty with John;--neither does it contain any

stipulation of sufficient distinctness applicable to cities and boroughs,

for which the charter provides no more than the maintenance of their

ancient liberties.

"Probably conjecture is all that can now be expected respecting the rise

and progress of these changes. It is, indeed, beyond all doubt, that by

the constitution, even as subsisting under the early Normans, the great

council shared the legislative power with the king, as clearly as the

parliament have since done.[3] But these great councils do not seem to

have contained members of popular choice; and the king, who was supported

by the revenue of his demesnes, and by dues from his military tenants,

does not appear at first to have imposed, by legislative authority,

general taxes to provide for the security and good government of the

community.--These were abstract notions, not prevalent in ages when the

monarch was a lord paramount rather than a supreme magistrate. Many of the

feudal perquisites had been arbitrarily augmented, and oppressively

levied. These the Great Charter, in some cases, reduced to a certain sum;

while it limited the period of military service itself. With respect to

scutages and aids, which were not capable of being reduced to a fixed

rate, the security adopted was, that they should never be legal, unless

they were assented to at least by the majority of those who were to pay

them. Now these were not the people at large, but the military tenants of

the crown, who are accordingly the only persons entitled to be present at

the great council to be holden for taxation. Very early, however,

talliages had been exacted by the crown from those who were not military

tenants; and this imposition daily grew in importance with the relaxation

of the feudal tenures, and the increasing opulence of towns. The attempt

of the barons to include talliage, and even the vague mention of the

privileges of burghs, are decisive symptoms of this silent revolution. But

the generally feudal character of the charter and the main object of its

framers prevailed over that premature, but very honest, effort of the

barons."

[3] "Legis habet vigorem, quicquid de consilio et consensu

magnatum et reipublicæ communi sponsione, authoritate regis,

juste fuerit definitum."--_Bracton_.

We recommend the reader to turn to the pages succeeding the above extract,

where the views of the enlightened author and statesman on the origin of

our parliament are set forth in perspicuous and masterly style.

* * * * *

The Mirror of Literature, Amusement, and Instruction. Volume 17, No. 485, April 16, 1831 · 第 4 / 33 题