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Say les ix-x The Origins of Parliament H. XI, Revised version, reprinted here, in Essays in Medieval History, ed. Southern, English Historical Review, XL , Bulletin of the Institute of Historical Research, V , Proceedings of the Royal Irish Academy, vol. Law Quarterly Review, L , , Richardson's in the Transactions of the Royal Historical Society. In between those years we came across each other by accident and found that our approach to the historical parliament was somewhat unusual, that of historians of law.
One of us had been led to the investigation by a study of the English courts of law, the other by a study of the parliament of Paris. Finding that our views were very similar, we agreed to collaborate in writing the history of the medieval parliament of England to show, in particular, that this was not identical either with the history of popular representation or the history of the house of commons, and we were promised generous financial support for that purpose and instant publication.
Yet in the end the book was not completed. Looking back over the last fifty years I think that we were too pernickety and fastidious -1 would like to say perfectionist - in our attitude. Since my guide and counsellor in research, Professor A. Pollard, had in likened, alas erroneously, the parliament rolls of Edward I in their content to the unpublished king's bench rolls Evolution of Parliament, p.
Parliament rolls, hitherto ignored, and subsidiary documents thereto must be found and edited: hence the Rotuli Parliamentorum Anglie Hactenus Inediti The origins of petitioning in parliament must be investigated: hence the Select Cases in Procedure without Writ Practices, once known but discarded in the English parliament, had continued in use in Ireland: hence Parliaments and Councils of Medieval Ireland and The Irish Parliament in the Middle Ages Indeed, so puzzled were we by problems connected with the position of the lower clergy in parliament that we even began a History of Convocation from that angle.
Meanwhile we wrote, together or singly, many articles in a wide spread of periodicals until , exactly forty years after we first met. The grand design being no longer possible with Richardson dead in and myself reaching four score years, I have agreed to comply with what was urged by, among others, Professor Pollard in English Historical Review, LVII. Schuyler in The Making of History, p. I have ventured to include three short papers which show so succinctly and vividly the working of the medieval bureaucracy against which the aristocracy was to react so violently in parliament under Edward II.
It is true that our conclusions, while generously welcomed, were not everywhere approved, for they defaced too much the idols of the reigning gods. But it is well-nigh impossible to eradicate a national myth about the political significance of the lower house of commons from the very emergence of parliament in our history until the commons' triumphant seizure of the initiative for the first time in the seventeenth century and, in face of our critics, we have been content to stand, in Roy Campbell's phrase, like 'twin Sebastians, each in his uniform of darts'.
Our exposition is now brought between two covers so that it may be easily ascertained what in fact we did teach. Notes have been added to remove any ambiguous references and to bring the work more up to date: for example, rolls which we read in manuscript have since been edited or calendared; and the analysis of the early parliament rolls has been extended to cover the stray membranes brought to light in recent years.
Throughout the long years in which we sought for documents that would shed light upon the history of parliament we received many kindnesses from custodians of manuscripts in many places.
If I do not mention their names here it is because so many of those to whom we were personally indebted have passed out of the reach of any expression of gratitude. In compiling the Index I was able thankfully to call upon the expert services of my daughter Hilary at the Kunsthistorisch Instituut in Utrecht.
The initial stimulus to produce this book came from Mr Martin Sheppard and without his zest and encouragement it would not have come into existence. Crowborough Sussex G. I The Origins of Parliament I. The latter usually mention Jordan Fantosme and various thirteenth-century chroniclers; while the articles parlamenttim in the Glossarium of Ducange and parlement in Godefroi's Dictionary are instructive although meagre in their references to record sources.
But after he had studied all the references of historians and dictionary-makers, the enquirer might well be puzzled to know why certain sessions of the English king's court should in particular be called parliaments by the royal clerks. We may, however, get some way towards a plausible explanation by filling in a few of the gaps in the chain of references.
For a full explanation we need to look at the working of parliamentary institutions; but that is a further step. The earliest document in which the word parlement is preserved seems to be the Chanson de Roland, which comes to us from the latter part of the eleventh century. The earliest instance of the use of the word with which I am acquainted occurs in Caffaro, Anuales, s. This general assembly of the commune had a variety of names: cf.
Fertile, op. In the second half of the twelfth century the word was being used for other assemblies, for meetings of an emperor's or a king's court. So we find it used by Otto Morena when speaking of the diet of Roncaglia held by Frederick Barbarossa in ,' by Guernes de Pont-SainteMaxence when speaking of the council of Northampton in ii and by Jordan Fantosme when speaking of a council of William the Lion in Guernes, Jordan and master Wace were writing history, albeit in verse.
A more considerable poet, Jean Renart, was writing a deal of verse about court life at the end of the twelfth and the beginning of the thirteenth century:8 he often found it convenient to use parlement to end a line. So he uses it several times for an imaginary diet of an Man. On these diets, which were held at irregular intervals throughout nearly the whole of the twelfth century, and ceased in , see A. Solmi, Le Diete imperial! Walberg , p. The word 'parliament' in any sense does not occur in any of Wace's written sources.
V, Langlois, La Vie en France au mayen age. In the former meeting, which has been primarily summoned to enable the emperor to obtain the approval of his barons to his marriage, the heroine of the tale demands justice of the emperor's seneschal:1 and in the other meeting the Romans assemble after the death of one emperor to choose another in the person of the hero. Servois: Soc.
Michelaut and Meyer: Soc. The Origins of Parliament 1 I 2 France, both perhaps by the same author and both written in French prose. The first of these writers gives the name of parliament to the meeting which was held at Bonmoulins in between Philip Augustus, Henry II and Richard. See Man. Idem vero Rex absentavit se et noluit ibi venire. Ill, He speaks of the parliament held by the barons at Corbeil in , a meeting which was certainly not held with any legal authority.
Coxe , III, Bouchet , pp. Histoire de Saint Louis ed. The Origins of Parliament I 1 'il tenoient leur parlement'. But he also speaks of parliaments which are undoubtedly judicial sessions of the king's court. And a parliament which is at the same time a court is one at which, originally at all events, there is discussion or debate, at which there is something like free speech and free speaking.
Such a court is of a very exceptional kind: and if it looks very much like a modern parliament, it looks rather unlike the ordinary court of law, modern or medieval, or such a parliament as is described for us in the Stilus Curie Parlamenti of Guillaume du Breuil, tlie parlement of Paris as it existed in the third decade of the fourteenth century.
There was much that was patriarchal about Saint Louis'justice: the descriptions that his contemporaries have given us leave no doubt of the intimacy of king and subject in his parliaments;4 and there is still intimacy, or at least informality, in the parliaments of Edward Is and, it is to be supposed, in the parliaments of Henry III, however much charged these parliaments may be with legal and administrative business. But already these parliaments have a long history behind them; the forces which were to change the parliaments of Louis IX and Henry III almost out of recognition had already been at work for many years.
This treatise was completed by May ; see Introduction, p. Wailly, p. So if. Delaborde , p. Parliamentary Writs, I, f. If perhaps justice was administered at these assemblies, it was, we may be sure, justice of a very exceptional kind. At first it was regarded as vulgar or at least inelegant, a bad substitute for colloquium,2 and therefore, however frequently poets or chroniclers might use the word, it is not to be expected in official documents'of the highest class until men had become accustomed to its use.
It will not, however, have been overlooked that writers about the year seem to have taken it as a matter of course that lords of every degree might hold parliaments — not only parleys but parliaments that were, in the formal sense, courts. And the earliest official documents which use the word with this meaning come from minor lordships. About the year William de Hauville confirmed to the abbey of St.
John at Colchester certain lands and their appurtenances: the boundaries were delimited by dikes and marks and these had been formally pointed out in a parliament held by the abbot and William.
This parliament looks like a court: there are prud'hommes, probi homines, present who are expressly mentioned. It may be the court of the abbot or a joint meeting of the abbot's court and William's; but the scribe had very little Latin and he is not very successful in conveying his meaning.
Stubbs, Constitutional History, I, if. For a case under John see p. Luchaire, Histoire des Institutions Monarchiques, I, The story of the wicked seneschal told by Jean Renart above, p. Note that here the word is equated with both consilium and concia.
Since William fitz Fule, 'vicecomes Essexe', is a witness, the charter must be dated 19 May The Origins of Parliament I granting a charter to his burgesses of Haverford, and in it he requires them to come in a body to his parliament or to his host whenever he or his bailiff shall hold the one or summon the other: the burgesses may leave behind only sufficient men to keep the town safely.
It seems that those coming to the one or the other had imposed upon the hospitality of the abbey; henceforth the abbey was to provide bed and board only according to the ancient customs and assizes as they had been observed in the time of the earl's 'ancestors. It was a meeting of the court of the county we cannot call it a county court and clearly a specially full meeting of the court at which the earl is likely to be present as well as other exalted persons.
At one such meeting the earl had ordered a local baron to be arrested on a charge of treason, and it is because of that quarrel, which came into the king's court, that we get some detailed knowledge of the earl's parliament. See also Cartae de Glamorgan, II, , Sedis, I, 35 No. This is dated 23 November For later documents see ibid. In it appears in accounts of royal officers in France.
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