of that nation's freedom he had endeavoured to destroy. The wise and equally-tempered government of the Saxons secured its principle from violence and contention; but all laws that were, and have since been founded on the arbitrary government of the Norman tyrant, are encroachments on the rights and privileges of the people, for which they have a just appeal to their constitution for redress.

The Norman kings having made perpetual encroachments on the barons, whom they had raised to power and possession on the wreck of English property, were obliged at last to agree to a limitation of their tyranny; the confirmation of the liberties of the people by Henry the First, Stephen, and Henry the Second, being violated by each respective sovereign, the barons had the best pretence for restraining the despotism of their reigns. By his weakness and wickedness, his tyranny and cruelty, John had filled the country with wretchedness, and with contempt and detestation of himself. All parties were eager to put a stop to his ruinous career, and the only means were to compel him to acknowledge the rights which had been recognised in the successive charters of Canute, Edward the Confessor, Henry the First, Stephen, and Henry the Second. The barons took arms-the crisis was favourable to them the great charter was obtained from King John at Runemede.

CHAPTER V.

FROM MAGNA CHARTA TO THE DECAPITATION OF

CHARLES I.

Ir is agreed by all our historians that the great charter of King John was for the most part compiled from the ancient customs of the realm, or the laws of King Edward the Confessor; by which they usually mean the old common law, which was established under our Saxon princes, before the rigours of the feudal tenure and other hardships were imported from the continent by the kings of the Norman line. This famous charter was cancelled two years after its confirmation, by Henry the Third. In the furious conflicts between Henry and the barons, the barons prevailed-the people had no other concern in the deadly feuds between the king and the barons, but being compelled to shed their blood in the quarrels of those whose slaves they had the misfortune to be.

The king made several attempts to regain his authority, but, after the battle of Lewes, in which the king's party was totally defeated, the barons were obliged to call a parliament, and, to give it a greater air of authority, they made him sign an order to summon four knights to represent each county, and four for the cities of London, York, and Lincoln, being counties within themselves; Chester and Durham had

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then parliaments of their own, and Monmouth was incorporated with Wales. These representatives were chosen by universal suffrage of the householders, and, although the king regained his authority by the subsequent defeat of the barons, two representatives for each county continued to be elected to the eighth of Henry the Sixth.

The parliaments of this kingdom from this period reassume their original constitutional nature, and the people begin to enjoy that liberty which had been wrested from them by the Norman violence. Their ancient imprescriptible rights were never forgotten, and they ever asserted those rights on every favourable opportunity.

Under the reign of Edward the First, the free exercise of the franchise was greatly hindered. He has been styled by several historians, the Justinian of England. Under the reign of this king, the right of voting and electing was exercised by the whole community-that is, by all the householders in the counties. This right was greatly hindered by this, that the sheriffs were allowed to summon to the election only those counties and boroughs known to be favourable to the wishes of the king.

In the Saxon times, each borough sent one deputy; yet the number of deputies was considerable, for every town or village that chose to send a deputy, did so. This corrupt influence of the crown at length gave umbrage to the great barons, who took care that the boroughs dependent on them should send deputies. The deputies introduced by the barons were, notwith

standing the farce of choosing them in the boroughs, always named by the lord. These commons did not assume the name of representatives-in ancient writs they are named deputies.

Hume tells us—“ He (Edward the First) issued writs to the sheriffs to send to parliament two deputies from each borough within their county, provided with sufficient powers to consent in their name to what he and his council should require of them. As what concerns

all should be approved of by all." A noble principle, which may seem to indicate a liberal mind, if it had been honestly adhered to.

There are instances recorded that when new matter was proposed by the king, the deputies replied, that they could not consider the subject without returning to the county to receive fresh instructions. It was

not until much later times, and when they had manifested themselves worthy of no trust whatever, that they assumed the name and arrogated the powers of representatives. Although the constituents were far less enlightened than they are at this time, no evil was ever found to arise from attending to their instructions.

Edward the First explained, and excellently enforced Magna Charta, yet he was inclined to tax the nation by his prerogative without consent of parliament, and was prevented only by the power of the barons.

The parliament of the twenty-third of this reign. was the first which assembled in two houses; the knights of the respective shires, in the preceding reign of Henry the Third, sat in the same house with the barons, and continued so to do till they found the growing power

of representatives for cities and boroughs, and the exclusive right they maintained of granting money, establish a consequence of much higher importance than what was possessed by the barons.

The rights of the people were little regarded by Edward the Second. Influenced by the advice of his favourites, he cancelled Magna Charta. The misconduct of the king raised the whole nation to a sense of what they owed to themselves, and exerting a principle which belonged to the sovereignty of the people, the parliament of Westminster, in 1326, assumed their constitutional right, by unanimous consent proceeded to deposition, and elected his son in his stead.

Edward the Third, at the age of fourteen, was, by the estates of the kingdom, elected, and declared king.

Under the reign of this king, no circumstance of any importance, either to the dignity of the crown, or the welfare of the subject, was suffered to pass without the knowledge and assent of the commons in parliament. Nor did Edward end his parliament until all petitions were presented and considered.

Under the reign of Richard the Second the people were prevented the free exercise of the franchise. This king, intending to call a parliament in the twentyfirst year of his reign, first summoned the several sheriffs, and gave them a charge to suffer none to be elected and returned members to the parliament who would not promise to agree to the king's measures. conduct of this nature, Bishop Burnet particularly observes, "that nothing can so effectually ruin this nation as a bad choice of parliament men; therefore

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