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Ancient_and_modern_York_a_guide

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22 ANCIENT AND<br />

determine. We have no record that contains a list of the<br />

city members earlier than the reign of Edward I. Some<br />

are of opinion, that prior to the time of Henry III., the<br />

cities <strong>and</strong> towns were esteemed too mean to enjoy the<br />

privilege of sending deputies to the national councils ;<br />

but, on the other h<strong>and</strong>, the municipal system was of<br />

Roman origin ; the customs, rules, franchises, <strong>and</strong> pre<br />

cedents of that system, containing, as M. Guizot observes,<br />

the germ of liberty, prevailed in <strong>York</strong> <strong>and</strong> the other<br />

towns, when the Saxons came ; who were also attached<br />

to popular deliberative assemblies. The feudal system<br />

was inimical, it is true, to municipal democracy ; yet it<br />

could not in Engl<strong>and</strong> extinguish the tradition of Roman<br />

<strong>and</strong> Saxon freedom. The Conqueror himself gave a<br />

charter to the citizens of London; his son, Henry I.,<br />

granted a charter to the citizens of <strong>York</strong>, securing their<br />

rights, customs, <strong>and</strong> privileges ; <strong>and</strong> the clauses in<br />

Magna Charta, regulating the assessment of aids, indicate<br />

that the boroughs were then not of inconsiderable im<br />

portance,—if they do not warrant the inference, that<br />

London, <strong>York</strong>, <strong>and</strong> other places then sent deputies to the<br />

parliaments of King John.<br />

These considerations appear to us conclusive against the<br />

opinion, that the first English parliament assembled in<br />

<strong>York</strong>, in the reign of Henry II. ; for such an opinion is<br />

alike inconsistent with the supposition of the great an<br />

tiquity of the English parliaments, held by one class of<br />

historians ; <strong>and</strong> with the ideas of those, who, on the other<br />

h<strong>and</strong>, contend that the first regular parliament in Engl<strong>and</strong>,<br />

was summoned by King Henry III. It is difficult to<br />

believe that, before these epochs, communities living in<br />

cities <strong>and</strong> towns—(required to bear the burdens of the<br />

state)—did not assert the right of expressing their voice<br />

in the public councils ; a right which they appear to have<br />

possessed from their establishment as municipal towns, till<br />

the Norman conquest, when their privileges were violently<br />

suspended.

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