1114.
The Princess Maud being now marriageable, was delivered to the Emperor's ambassador; and for a portion to the young lady a tax was imposed of three shillings upon every hide of land in England, which grew afterwards into a custom,[19] and was in succeeding times confirmed by Acts of Parliament, under the name of "Reasonable Aid for marrying the King's Daughter," although levied after a different manner.
[Footnote 19: This was the first occasion of the feudal tax called scutage being levied in England. [W.S.J.]
As the institution of Parliaments in England is agreed by several writers to be owing to this King, so the date of the first hath been assigned by some to the fifteenth year of his reign; which however is not to be affirmed with any certainty: for great councils were convoked not only in the two preceding reigns, but for time immemorial by the Saxon princes, who first introduced them into this island, from the same original with the other Gothic forms of government in most parts of Europe. These councils or assemblies were composed according to the pleasure of the prince who convened them, generally of nobles and bishops, sometimes were added some considerable commoners; but they seldom met, except in the beginning of a reign, or in times of war, until this King came to the crown; who being a wise and popular prince, called these great assemblies upon most important affairs of his reign, and ever followed their advice, which, if it proved successful, the honour and advantage redounded to him, and if otherwise, he was free from the blame: thus when he chose a wife for himself, and a husband for his daughter, when he designed his expedition against Robert, and even for the election of an archbishop to the see of Canterbury, he proceeded wholly by the advice of such general assemblies, summoned for the purpose. But the style of these conventions, as delivered by several authors, is very various; sometimes it is comites, barones, et cleri;[20] his marriage was agreed on, consilio majorum natu et magnatum terrae. One author[21] calls it concilium principum, sacerdotum, et reliqui populi. And for the election of an archbishop, the Saxon Chronicle says, That he commanded by letters all bishops, abbots, and thanes to meet him at Gloucester ad procerum conventum. Lastly, some affirm these assemblies to have been an imitation of the three estates in Normandy. I am very sensible how much time and pains have been employed by several learned men to search out the original of Parliaments in England, wherein I doubt they have little satisfied others or themselves. I know likewise that to engage in the same enquiry, would neither suit my abilities nor my subject. It may be sufficient for my purpose, if I be able to give some little light into this matter, for the curiosity of those who are less informed.
[Footnote 20: Brompton. [D.S.]
[Footnote 21: Polydore Virgil. [D.S.]
The institution of a state or commonwealth out of a mixture of the three forms of government received in the schools, however it be derided as a solecism and absurdity by some late writers on politics, hath been very ancient in the world, and is celebrated by the gravest authors of antiquity. For although the supreme power cannot properly be said to be divided, yet it may be so placed in three several hands, as each to be a check upon the other; or formed into a balance, which is held by him that has the executive power, with the nobility and people in counterpoise in each scale. Thus the kingdom of Media is represented by Xenophon before the reign of Cyrus; so Polybius tells us, the best government is a mixture of the three forms, regno, optimatium, et populi imperio: the same was that of Sparta in its primitive institution by Lycurgus, made up of reges, seniores, et populus; the like may be asserted of Rome, Carthage, and other states: and the Germans of old fell upon the same model, from whence the Goths their neighbours, with the rest of those northern people, did perhaps borrow it. But an assembly of the three estates is not properly of Gothic institution: for these fierce people, when upon the decline of the Roman Empire they first invaded Europe, and settled so many kingdoms in Italy, Spain, and other parts, were all Heathens; and when a body of them had fixed themselves in a tract of land left desolate by the flight or destruction of the natives, their military government by time and peace became civil; the general was king, his great officers were his nobles and ministers of state, and the common soldiers the body of the people; but these were freemen, and had smaller portions of land assigned them. The remaining natives were all slaves; the nobles were a standing council; and upon affairs of great importance, the freemen were likewise called by their representatives to give their advice. By which it appears, that the Gothic frame of government consisted at first but of two states or assemblies, under the administration of a single person. But after the conversion of these princes and their people to the Christian faith, the Church became endowed with great possessions, as well by the bounty of kings, as the arts and industry of the clergy, winning upon the devotion of their new converts: and power, by the common maxim, always accompanying property, the ecclesiastics began soon to grow considerable, to form themselves into a body, and to call assemblies or synods by their own authority, or sometimes by the command of their princes, who in an ignorant age had a mighty veneration for their learning as well as piety. By such degrees the Church arrived at length, by very justifiable steps, to have her share in the commonwealth, and became a third estate in most kingdoms of Europe; but these assemblies, as we have already observed, were seldom called in England before the reign of this prince, nor even then were always composed after the same manner: neither does it appear from the writers who lived nearest to that age, that the people had any representative at all, beside the barons and other nobles, who did not sit in those assemblies by virtue of their birth or creation, but of the lands or baronies they held. So that the present constitution of the English Parliament hath, by many degrees and alterations, been modelled to the frame it is now in; which alterations I shall observe in the succeeding reigns as exactly as I can discover them by a diligent search into the histories of the several ages, without engaging in the controverted points of law about this matter, which would rather perplex the reader than inform him.