Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
AND this constitution of suffrages is framed upon a wiser principle
than either of the methods of voting, by centuries, or by tribes,
among the Romans. In the method by centuries, instituted by Servius
Tullius, it was principally property, and not numbers that turned the
scale: in the method by tribes, gradually introduced by the tribunes
of the people, numbers only were regarded and property entirely
overlooked. Hence the laws passed by the former method had usually too
great a tendency to aggrandize the patricians or rich nobles; and
those by the latter had too much of a levelling principle. Our
constitution steers between the two extremes. Only such as are
entirely excluded, as can have no will of their own: there is hardly a
free agent to be found, but what is entitled to a vote in some place
or other in the kingdom. Nor is comparative wealth, or property,
entirely disregarded in elections; for though the richest man has only
one vote at one place, yet if his property be at all diffused, he has
probably a right to vote at more places than one, and therefore has
many representatives. This is the spirit of our constitution: not that
I assert it is in fact quite so perfect as I have here endeavoured to
describe it; for, if any alteration might be wished or suggested in
the present frame of parliaments, it should be in favour of a more
complete representation of the people.
BUT to return to our qualifications; and first those of electors for
knights of the shire. 1. By statute 8 Hen. VI. c. 7. and 10 Hen. VI.
c. 2. The knights of the shires shall be chosen of people dwelling in
the same counties; whereof every man shall have freehold to the value
of forty shillings by the year within the county; which by subsequent
statutes is to be clear of all charges and deductions, except
parliamentary and parochial taxes. The knights of shires are the
representatives of the landholders, or landed interest, of the
kingdom: their electors must therefore have estates in lands or
tenements, within the county represented: these estates must be
freehold, that is, for term of life at least; because beneficial
leases for long terms of years were not in use at the making of these
statutes, and copyholders were then little better than villeins,
absolutely dependent upon their lord: this freehold must be of forty
shillings annual value; because that sum would then, with proper
industry, furnish all the necessaries of life, and render the
freeholder, if he pleased, an independent man. For bishop Fleetwood,
in his _chronicon pretiosum_ written about sixty years since, has
fully proved forty shillings in the reign of Henry VI to have been
equal to twelve pounds _per annum_ in the reign of queen Anne; and, as
the value of money is very considerably lowered since the bishop
wrote, I think we may fairly conclude, from this and other
circumstances, that what was equivalent to twelve pounds in his days
is equivalent to twenty at present. The other less important
Public-domain text, read in full here on John Shaqi.
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