which will admit the commons to be constituent
members of that body.[***]

[** Norman, du Chesnil, p. 1066. Du Cange, Gloss,
in verb. Commune.]

[*** Sometimes the historians mention the people,
"populus," as a part of the parliament; but they always mean
the laity, in opposition to the clergy. Sometimes the word
"communitas" is found; but it always means "communitas
baronagii." These points are clearly proved by Dr. Brady.
There is also mention sometimes made of a crowd or multitude
that thronged into the great council on particular
interesting occasions; but as deputies from boroughs are
never once spoken of, the proof that they had not then any
existence becomes the more certain and undeniable. These
never could make a crowd, as they must have had a regular
place assigned them if they had made a regular part of the
legislative body. There were only one hundred and thirty
boroughs who received writs of summons from Edward I. It is
expressly said in Gesta Reg. Steph. p. 932, that it was
usual for the populace, "vulgus," to crowd into the great
councils; where they were plainly mere spectators, and could
only gratify their curiosity.]

If in the long period of two hundred years, which elapsed between
the conquest and the latter end of Henry III., and which abounded
in factions, revolutions, and convulsions of all kinds, the house of
commons never performed one single legislative act so considerable as
to be once mentioned by any of the numerous historians of that age, they
must have been totally insignificant: and in that case, what reason can
be assigned for their ever being assembled? Can it be supposed that men
of so little weight or importance possessed a negative voice against the
king and the barons? Every page of the subsequent histories discovers
their existence; though these histories are not written with greater
accuracy than the preceding ones, and indeed scarcely equal them in that
particular. The Magna Charta of King John provides that no scutage or
aid should be imposed, either on the land or towns, but by consent
of the great council; and for more security it enumerates the persons
entitled to a seat in that assembly, the prelates and immediate tenants
of the crown, without any mention of the commons; an authority so full,
certain, and explicit, that nothing but the zeal of party could ever
have procur