Now it appears by the Lords’ Journals, (vol. 1. p. 303, a,) that this act had not only the assent of the House of Lords, but that it had its origin in that House, where it passed unanimously, (p. 306, a.) was returned from the Commons with a proviso, which was agreed to by the Lords, (p. 312, a.) and is in the Journals among the acts passed that session. (p. 313, a.)
There has not been found in the Records, the slightest foundation for an opinion, that there was any election of representatives of the Commons earlier than the 49th of Henry the third, 1265, except in the entry respecting the borough of St. Alban’s, so often referred to by different writers. It is, however, certain that those who held in capite of the king, were a necessary part of the great council, as early as king John’s time, when aids and escuage were to be granted to the sovereign.
In the 52d of Henry the third, 1268, a parliament, or more properly a great council, of Barons only, was held at Marlborough, where the great charter was confirmed. The members of this parliament or council were such of the great Barons and Tenants in capite, as the king pleased to summon thereto.
King Edward the first, at Easter, 1276, held a parliament at Westminster, of Archbishops, Bishops, Abbots, Priors, Earls, Barons, and Commons, wherein many excellent laws were made, called the Statutes of Westminster the first. It is proper to mention that the Commons here spoken of, were not Knights of shires, or Burgesses, but the smaller Tenants who held in chief of the king, or Tenants in capite.
It is generally said by our Historians, that the first time that any Citizens, or Burgesses were summoned to parliament by the king’s authority, was in the 23d year of king Edward the first, 1294, but the editors of the Parliamentary History (vol. 1. p. 87,) have shewn that the same king, in the eleventh year of his reign, 1283, called a parliament to be holden at Shrewsbury, on occasion of taking prisoner, David, brother of Llewellyn, prince of Wales, the latter having lately been killed in battle.
The king in summoning this Parliament was more explicit than he had ever been before. The writs of summons are still extant. The first is directed to the Barons to meet the king at Shrewsbury, on the 30th of September. The second writ is directed to the sheriffs of every county in England, to cause to be chosen two Knights for the commonalty of the county, as also a third directed to the several cities and boroughs mentioned, and a fourth writ to the Judges.
Mr. Tyrrell observes, that “neither Prynne nor Dr. Brady, with all their diligence, have taken any notice of these writs to summon this Parliament.
“The writs were directed to all the Earls and Barons by name, to the number of 110; but the writs to the cities and boroughs are more remarkable, especially as they are the first upon record, requiring the attendance of the Knights of the shire, Citizens, and Burgesses, except those issued in the name of the late king Henry the third.”
The cities and boroughs to which these writs were directed were the following:—Bristol, Canterbury, Carlisle, Colchester, Chester, Exeter, Grimsby, Hereford, Lynn, Lincoln, Newcastle (Tyne,) Norwich, Northampton, Nottingham, Scarborough, Shrewsbury, Winchester, Worcester, Yarmouth, (Norfolk) and York.
In the 23d of Edward the third, 1294, a Parliament was summoned to meet at Westminster, and writs were sent to the several sheriffs of England to cause to be elected two Knights for each county, two Citizens for each city, and two Burgesses for each borough, to be at the said Parliament, to consent and agree to such things, as the Earls, Barons, and Peers of the Realm should ordain; and from this year is to be dated the first regular general summons of Knights, Citizens, and Burgesses to Parliament. It is proper to observe that in this Parliament, the Earls, Barons, and Knights of the several counties, sat, treated, and consulted altogether, and gave the king an eleventh part of all their moveable goods; the Citizens and Burgesses acted separately, and granted a seventh part of all their moveables.