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
AS for the electors of citizens and burgesses, these are supposed to
be the mercantile part or trading interest of this kingdom. But as
trade is of a fluctuating nature, and seldom long fixed in a place, it
was formerly left to the crown to summon, _pro re nata_, the most
flourishing towns to send representatives to parliament. So that as
towns encreased in trade, and grew populous, they were admitted to a
share in the legislature. But the misfortune is, that the deserted
boroughs continued to be summoned, as well as those to whom their
trade and inhabitants were transferred; except a few which petitioned
to be eased of the expence, then usual, of maintaining their members:
four shillings a day being allowed for a knight of the shire, and two
shillings for a citizen or burgess; which was the rate of wages
established in the reign of Edward III[y]. Hence the members for
boroughs now bear above a quadruple proportion to those for counties,
and the number of parliament men is increased since Fortescue's time,
in the reign of Henry the sixth, from 300 to upwards of 500, exclusive
of those for Scotland. The universities were in general not empowered
to send burgesses to parliament; though once, in 28 Edw. I. when a
parliament was summoned to consider of the king's right to Scotland,
there were issued writs, which required the university of Oxford to
send up four or five, and that of Cambridge two or three, of their
most discreet and learned lawyers for that purpose[z]. But it was king
James the first, who indulged them with the permanent privilege to
send constantly two of their own body; to serve for those students
who, though useful members of the community, were neither concerned in
the landed nor the trading interest; and to protect in the legislature
the rights of the republic of letters. The right of election in
boroughs is various, depending intirely on the several charters,
customs, and constitutions of the respective places, which has
occasioned infinite disputes; though now by statute 2 Geo. II. c. 24.
the right of voting for the future shall be allowed according to the
last determination of the house of commons concerning it. And by
statute 3 Geo. III. c. 15. no freeman of any city or borough (other
than such as claim by birth, marriage, or servitude) shall be intitled
to vote therein unless he hath been admitted to his freedom twelve
calendar months before.
[Footnote y: 4 Inst. 16.]
[Footnote z: Prynne parl. writs. I. 345.]
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