them to permit no knight or burgess to be elected to the next
parliament without the approbation of the king and his council. The
sheriffs replied that the commons would maintain their ancient privilege
of electing their own representatives.[286] The parliament of 1397, which
attainted his enemies and left the constitution at his mercy, was chosen,
as we are told, by dint of intimidation and influence.[287] Thus also that
of Henry VI., held at Coventry in 1460, wherein the duke of York and his
party were attainted, is said to have been unduly returned by the like
means. This is rendered probable by a petition presented to it by the
sheriffs, praying indemnity for all which they had done in relation
thereto contrary to law.[288] An act passed according to their prayer, and
in confirmation of elections. A few years before, in 1455, a singular
letter under the king's signet is addressed to the sheriffs, reciting that
"we be enfourmed there is busy labour made in sondry wises by certaine
persons for the chesyng of the said knights, ... of which labour we
marvaille greatly, insomuche as it is nothing to the honour of the
laborers, but ayenst their worship; it is also ayenst the lawes of the
lande," with more to that effect; and enjoining the sheriff to let
elections be free and the peace kept.[289] There was certainly no reason
to wonder that a parliament, which was to shift the virtual sovereignty of
the kingdom into the hands of one whose claims were known to extend much
further, should be the object of tolerably warm contests. Thus in the
Paston letters we find several proofs of the importance attached to
parliamentary elections by the highest nobility.[290]
[Sidenote: Constitution of the house of lords.]
The house of lords, as we left it in the reign of Henry III., was
entirely composed of such persons holding lands by barony as were
summoned by particular writ of parliament.[291] Tenure and summons were
both essential at this time in order to render any one a lord of
parliament--the first by the ancient constitution of our feudal monarchy
from the Conquest, the second by some regulation or usage of doubtful
origin, which was thoroughly established before the conclusion of Henry
III.'s reign. This produced, of course, a very marked difference between
the greater and the lesser or unparliamentary barons. The tenure of the
latter, however, still subsisted, and, though too inconsiderable to be
members of the legislature,
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