being thus terminated, a way was opened for the people to obtain their rights; and Edward afterwards, in the twenty-fifth year of his reign, voluntarily bestowed what was attempted to be wrested from him by force. In a parliament held at Lincoln it was appointed by act, that there should be sent into every county of the realm the formal recital and solemn confirmation of the two long-disputed charters, under the king's great seal, as well of his justices of the forest, as others; and to all sheriffs of shires, and all other the king's officers; as also to all the cities throughout the realm, together with the writs in which were contained the full cause of the publication thereof; and likewise a command to let the people know that the king had so confirmed them in all points. The judges of the land were directed to allow them in judgment whenever they were pleaded, viz. the Great Charter as the common law,, and the Charter of the Forest, for the wealth of the realm. All of which was done, and sentence of excommunication pronounced by Kilwarby archbishop of Canterbury, against all violaters. For this confirmation the king had a grant of a tenth from the clergy of London, a fifth from York, and a ninth from the commonalty of the whole realm'. They were again finally confirmed, with additions, 28 Edward I.

T. Walsing.

30

CHAP. II.

OF PARLIAMENTS.

THE restitution to the people of those privileges which had been tyrannically wrested from them by the Norman conqueror, being thus solemnly confirmed, a way was opened for their gaining that political importance in the scale of legislation they have since done by means of their representatives; though the origin of that great council by which the deliberations of the

• The advantages which Magna Charta gave to the barons and clergy are of little consequence to the present age, as the hardships they were meant to lessen are now all done away. All that it imports to us is to know "what the people gained." Here then are the clauses in their favour:

"Immunities granted to barons are extended to their vassals. No baron to levy money from his vassals except in trinodal cases (these were, 1. Attending the king to war: 2. Repairing his castles: 3. Repairing bridges, roads, &c. &c.). Weights and measures equal through the realm. Merchants not to be illegally taxed. Free egress and regress to freemen. London and all cities, &c. to preserve their privileges, and not to be taxed except by the great council (great council and parliament seem here synonymous. The term parliament is not found in any English record, according to sir R. Cotton, before the year 1205). Bridges to be equitably built or supported. Freemen to dispose of their goods by will, or if intestate the next heir to succeed. The king's purveyor not to seize goods, &c. Courts of justice not to follow the king, but to be stationary, open, and equal to all men. Justice (this was a necessary proviso in a realm where bribes were re

state were guided, and which has received the modern denomination of parliament, is, as well as the common law from which it emanates, of higher antiquity than memory can reach3. For it is not to be doubted, observes a certain author, but these good and wholesome laws were framed upon great and mature deliberation had and taken by the most eminent men for power and prudence in the kingdom; the convention of which persons was by the Britons called Kyfr-y-then, by reason that laws were therein made: for that they had such meetings before the arrival of the Romans here, is extremely probable, from the words of Cæsar as well as Tacitus; the latter in particular ascribing the success the Romans had against

ceived by the king to a great amount, and shamelessly set down in a book kept on purpose) not to be paid for, nor to be refused to any one. Sheriffs not to put any one on trial without good cause and lawful witnesses. No freeman to be any way injured in person or goods, unless by the law of the land. Redress to be given to those who have suffered illegally. No extravagant fines to be levied on freemen. No villain (rustic) to be deprived of his cart or other instruments of husbandry by fine."

These regulations, saith the acute Hume, involve all the chief outlines of a legal government, and provide for the equal distribution of justice and free enjoyment of property.

"Nothing," says Blackstone, "is more difficult than to ascertain the precise beginning and first spring of an ancient and long-established custom. Whence it is, that in our laws the goodness of a custom depends upon its having been used time out of mind, or, in the solemnity of our legal phrase, time whereof the memory of man runneth not to the contrary. This it is that gives it its weight and authority; and of this nature are the maxims and customs which compose the common law, or lex non scripta, of this kingdom." * Lib. 5. de Bello Gallico.

them to their neglect in the due holding of such public and common councils *.

This general council has been held under several names, as michel synoth, or the great council, michel gemote, or great meeting; the English Saxons, however, more frequently termed it pizena gemore, or the meeting of wise men.

us,

"Ethelbert," says Bede", "amongst other good things he did for his people, constituted laws with the advice of his wise men, according to the example of the Romans." The Germans, Tacitus informs did the like; and from them, their offspring the Saxons, our ancestors, it is reasonable to suppose, took their pattern. Such great councils at least, however they might originate, existed among the earliest of the Saxon princes, as is evident from the preamble to the laws of Ina: Ego Ina, Dei gratiá, West-Saxonium rex, exhortatione & doctriná Ceonridi patris mei, & Hedda episcopi mei & Herchennaldi episcopi mei & omnium aldermannorum meorum, & de statu regni mei, constitui, &c. Here is the advice and council, we see, of two bishops, and all his earls, with other persons of his kingdom eminent for their wisdom.

Alfred, after the dissolution of the heptarchy, ordained, A. D. 873, for a perpetual usage, that these councils should meet twice in the year, or oftener if need be, &c. using these remarkable words-Ego

• Tacitus in vitâ Agric. cap. 12.

• K. Ethelbert, lib. 2. cap. 5. Eccl. Hist.

tunc Alfredus rex, hæc collegi, &c. consilio sapientum meorum, &c. The same council of wise men is mentioned by Athelstan, Edmund, and Edgar. The latter, in a parliament held at Salisbury, says, cunctis regni proceribus congregatis. Ethelred in the same manner calls them sapientes sui; and Canute, venerando sapientum ejus consilio.

Ingulphus tells us these sapientes were all the great men of the kingdom, universi magnates regni ; tam archiepiscopi & episcopi, ac abbates, quam ceteri totius regni proceres & optimates, Londoniis convenerunt ad tractandum de negotiis publicis totius regni: which words optimates being here in the place of seniorum sapientum in the preamble of Ina's law, before recited, may, doubtless, as well be interpreted to include the representatives of the people, or commons, as the words servorum sapientum, conjectured to have that meaning by Lambard; who *judiciously enforces his argument by observing, that those towns which were the ancient demesne of the crown (that is, in the possession of king Edward the Confessor, and his ancestors), having ever since prescribed to be privileged from sending burgesses to parliament, it must consequently follow, that there were parliaments before that time, to which the inhabitants of other places sent burgesses. At all events, it appears from the words of king Edward the Confessor's laws, which were made à rege, baronibus & populo, that the commons were then represented in some manner or other '.

'The original, or first institution of parliaments, says Blackstone,

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