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VIII. The Parliamentary Privileges of the Commons

When, in 1387, Richard II’s judges were given virtually no option but to approve his claim to exercise absolute control of Parliament (regimen Parliamenti), and did in fact do so, they might well have observed that he demanded only formal recognition of established custom. So far as the practical business of Parliament was concerned, kings enjoyed prerogative rights; and although prudence dictated that they should seriously consider whatever Parliament required or advised, they themselves were legally entitled to determine matters of policy.

VI. Electoral Practice

In view of the superiority of the shire knights among the Commons, it is hardly surprising that when the Crown took a special interest in the personal qualifications and eligibility of Members, it was mostly in relation to them. The requirement expressed in the writs of summons of 1373, that the citizens and burgesses should be men with considerable experience of seafaring, who were well versed in mercantile business (‘qui in navigio ac in excercitio mercandisarum noticiam habent meliorem’), was quite unusual, in that it only applied to the townsmen.Reps.

II. The Place of Parliament in the King’s Government

Long before the emergence of the ‘representative’ Parliament (that is Parliament as an assembly including elected representatives in addition to prelates and secular magnates individually summoned), expansion of the authority and power of the Crown had necessitated, at the centre, both specialization and devolution of governmental and administrative responsibilities.