lay in the way. In the ancient state of Europe, as it has clearly been proved, every one that was not a nobleman was a flave; and peasants were fold and bought along with the land. The few inhabitants of cities were not in a better condition, and the gentry themfelves were fubjected to a long train of fubordination under the greater barons. The firft incident which broke in upon the feudal fyftem, was the practice begun in France of creating communities and corporations endowed with privileges, and a separate municipal government, which gave them protection against the tyranny of the barons, and beftowed a fort of independence on vaffals; and the peafants themselves, though later than the other orders. of the state, made their escape from those bonds of villainage or flavery in which they had formerly been retained. This plan of enfranchisement was adopted here in Eng

land.

The lower fort of people were well difposed to obey the laws and civil magistrate, and fought refuge under the shadow of the

crown

crown from the cruel oppreffion of their imperious lords. The kings of England now began to fee their advantage in encouraging, protecting, and giving more security and liberty to citizens, who from this time began gradually to enjoy, unmolested, the fruits of their industry. Boroughs 'were

erected by royal patent within the demefne lands; liberty of trade was conferred on them; the inhabitants were allowed to farm, at a fixed rent, their own tolls and customs; they were permitted to elect their own magiftrates; juftice was diftributed to them by these magiftrates without obliging them to attend the sheriff or the county courts; and fome shadow of independence was gradually acquired to the people by means of these equitable privileges.

The king however ftill retained the power of levying talliage or taxes upon them at pleasure. Their poverty, and the cuftoms of the age, made thefe demands, at firft, neither frequent or exorbitant; but when the multiplied neceffities of the crown produced a greater demand for fupply, the

king, whofe prerogative entitled him to exact it, found that he had not power fufficient to enforce his edicts, and that it was requifite before he impofed taxes, to fmooth the way for his demands, and to obtain the previous confent of the boroughs, by folicitation, remonftrance, and authority. The inconvenience of tranfacting this business with every particular borough was foon felt; and Edward, after he had made experiment of this mode of taxing, became fenfible that the most expeditious way of obtaining fupply, was to affemble together the deputies of all the boroughs, and to lay before them the neceffities, of the ftate, to difcufs the matter in their prefence, and require their confent to the demands of their fovereign. For this reafon Edward iffued writs to the fheriffs, enjoining them to fend to parliament, along with two knights of the fhire, two deputies from each borough within their county, and these provided with fufficient powers from, their community, to confent in their name, to what he and his council fhould require VOL. II. D of

to

of them. This happened A. D. 1295, the very year in which the house of commons regularly commenced; and a parliament from this epoch became compleat in all its members, and was compofed of lords fpiritual and temporal, of knights of the shire, and of burgeffes. For in the year immediately preceding, the taxes were levied by the feeming, or forced, confent of each particular borough, beginning with London. And in the writs of parliament the return of knights is there required, but not one word of the boroughs.

dal

The great fimplicity among all the feugovernments of Europe, is well known to every one acquainted with ancient history; and all unbiaffed antiquarians allow, that the commons were very late in being admitted to a share in the legislative power. Their antiquity is certainly not fo great as many would fain believe. Moft certain it is, that during the heptarchy, the people could not elect knights of the hire, because England was not then divided into fhires. Until the time of the conqueft there could be

no

ho parliaments affembled of the general estates of the whole kingdom; which was before that time divided into feveral kingdoms, or governed by feveral laws. When Julius Cæfar landed, he found four kings in Kent. The Saxons divided us into feven kingdoms: the weft-Saxons were confined to the Saxon laws: Effex, Norfolk, Suffolk, and some other places were fubjected to the Danish laws. The Northumbrians had their own laws. So that till Edward the Confeffor's reign, the laws were fo uncertain that he was forced to collect a few of them, which were called St. Edward's laws.

Indeed we find, that before the conquest in the Anglo-Saxon times, their kings had their levee, high court or national council, called wittenagemot, or affembly of wise men and it is agreed, that the barons, bishops, and abbots, were a part of the council; and by the tenor of the ancient laws it appears, that the comites in Latin, the aldermen or governors of counties in Saxon, and earls in Deno-Saxon were admitted; and befides thefe, there is mention