British freewomen : $b Their historical privilegeStopes, C. C. (Charlotte Carmichael)
History
British freewomen : $b Their historical privilege
Stopes, C. C. (Charlotte Carmichael)
Women -- Great Britain; Women -- History
As some have attempted to throw doubts on the authenticity of these
cases, quoted as they were by the Lord Chief-Justice from the Bench in
1739, it may be well to note here that “William Hakewell was a great
student of legal antiquities, and a Master of Precedents” (“Dictionary
of National Biography”). He left parliamentary life in 1629, the year
after he had, in the Committee of Parliamentary Privileges, helped to
decide on the Gatton case. He was one of the six lawyers appointed to
revise the Laws, and was thereafter created Master of Chancery. So one
might be tempted to consider him rather an exceptionally good and
trustworthy witness. He helped to decide other points in connection with
the Franchise, which it is important for us to remember. He not only
decided that inhabitant suffrage must supersede freeholding, that
taxation gave the right to representation, but that, from its very
nature, no desuetude could take away the right of voting. “On 9th April,
1614, it was pleaded, Sithence Durham last drawn in to charge to join in
petition to the King that Durham may have writs for Knights and
Burgesses. Said to be dumb men because no voices. Mr. Ashley said, They
of Durham had held it a privilege not to be bound to attendance to
Parliament. On 31st May was read An Act for Knights and Burgesses to
have places in Parliament, for the County Palatine, City of Durham and
the Borough of Castle Barnard.” “On 14th March, 1620, members were
allowed for the Palatinate of Durham, which had hitherto sat free from
taxation, and consequently sent no members to the House of Commons. It
was allowed without discussion by the House,” taxation and
representation being constitutionally inseparable. (_See_ _Commons
Journal_, 14th March, 1620.)
“Regarding towns that had discontinued long sending of any burgesses,
and yet were allowed.” Hakewell had discovered this of “Millborne Port,
County Somerset, and Webly, County Hereford, that, either from poverty
or ignorance of their right, or neglect of the Sheriff, had ceased
voting. After 321 years they elected again.” “In 21 Jac. I. also,
Amersham, Wendover, Great Marlowe, in Buckinghamshire, were in the same
condition, but received writs for return upon application.” (_See_
Addit. MS., Brit. Mus. 8980.) Thus the doctrine that the right to the
Franchise never lapses, and that _non-user_ never deprives an Elector of
this privilege, was affirmed by the Committee of Privileges in the
Parliament of which Coke and Hakewell were members.
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CHAPTER VII.
THE LONG EBB.
“Ye have made the law of none effect by your tradition.”
Public-domain text, read in full here on John Shaqi.
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