[f] "This writ tends strongly to show that there then existed no law by which a representation either of the king's tenants in capite or of others, for the purpose of constituting a legislative assembly, or for granting an aid, was specially provided; and it seems to have been the first instance appearing on any record now extant, of an attempt to substitute representatives elected by bodies of men for the attendance of the individual so to be represented, personally or by their several procurators, in an assembly convened for the purpose of obtaining an aid." Report, p. 95.
[g] 2 Prynne, p. 27.
[h] 12 Ric. II. c. 12. Prynne's 4th Register.
[] Pinkerton's Hist. of Scotland, vol. i. p. 120, 357. But this law was not regularly acted upon till 1587. p. 368.
[k] What can one who adopts this opinion of Dr. Brady say to the following record? Rex militibus, liberis hominibus, et toti communitati comitatus Wygorniæ tam intra libertates quam extra, salutem. Cum comites, barones, milites, liberi homines, et communitates comitatuum regni nostri vicesimam omnium bonorum suorum mobilium, civesque et burgenses et communitates omnium civitatum et burgorum ejusdem regni, necnon tenentes de antiquis dominicis coronæ nostræ quindecimam bonorum suorum mobilium nobis concesserunt. Pat. Rot. 1 E. II. in Rot. Parl. vol. i. p. 442. See also p. 241 and p. 269. If the word communitas is here used in any precise sense, which, when possible, we are to suppose in construing a legal instrument, it must designate, not the tenants in chief, but the inferior class, who, though neither freeholders nor free burgesses, were yet contributable to the subsidy on their goods.
[m] Madox, Firma Burgi, p. 99 and p. 102 note Z.
[n] Prynne's 2nd Register, p. 50.
[o] Carte's Hist. of England, ii. 250.
[p] The present question has been discussed with much ability in the Edinburgh Review, vol. xxvi. p. 341. [[Note III.]]
[q] Wilkins, p. 71.