Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Debate on election of non-resident burgesses._--D'Ewes has preserved a
somewhat remarkable debate on a bill presented in the session of 1571,
in order to render valid elections of non-resident burgesses. According
to the tenor of the king's writ, confirmed by an act passed under Henry
V., every city and borough was required to elect none but members of
their own community. To this provision, as a seat in the Commons' house
grew more an object of general ambition, while many boroughs fell into
comparative decay, less and less attention had been paid; till, the
greater part of the borough representatives having become strangers, it
was deemed by some expedient to repeal the ancient statute, and give a
sanction to the innovation that time had wrought; while others
contended in favour of the original usage, and seemed anxious to restore
its vigour. It was alleged on the one hand by Mr. Norton that the bill
would take away all pretence for sending unfit men, as was too often
seen, and remove any objection that might be started to the sufficiency
of the present parliament, wherein, for the most part against positive
law, strangers to their several boroughs had been chosen: that persons
able and fit for so great an employment ought to be preferred without
regard to their inhabitancy; since a man could not be presumed to be the
wiser for being a resident burgess: and that the whole body of the
realm, and the service of the same, was rather to be respected than any
private regard of place or person. This is a remarkable, and perhaps the
earliest assertion, of an important constitutional principle, that each
member of the House of Commons is deputed to serve, not only for his
constituents, but for the whole kingdom; a principle which marks the
distinction between a modern English parliament and such deputations of
the estates as were assembled in several continental kingdoms; a
principle to which the House of Commons is indebted for its weight and
dignity, as well as its beneficial efficiency, and which none but the
servile worshippers of the populace are ever found to gainsay. It is
obvious that such a principle could never obtain currency, or even be
advanced on any plausible ground, until the law for the election of
resident burgesses had gone into disuse.
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