Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
house, and afterwards of inserting the grounds of it. Instances of the
former occur not unfrequently at the period of the reformation; but
the latter practice was little known before the long parliament. A
right that Cato or Phocion would have prized, though it may sometimes
have been frivolously or factiously exercised!
_State of the commons._--The House of Commons, from the earliest
records of its regular existence in the 23rd year of Edward I.,
consisted of seventy-four knights, or representatives from all the
counties of England, except Chester, Durham, and Monmouth, and of a
varying number of deputies from the cities and boroughs; sometimes in
the earliest period of representation amounting to as many as two
hundred and sixty; sometimes, by the negligence or partiality of the
sheriffs in omitting places that had formerly returned members, to not
more than two-thirds of that number. New boroughs, however, as being
grown into importance, or from some private motive, acquired the
franchise of election; and at the accession of Henry VIII. we find
two hundred and twenty-four citizens and burgesses from one hundred
and eleven towns (London sending four), none of which have since
intermitted their privilege.
_Question as to rights of election._--I must so far concur with those
whose general principles as to the theory of parliamentary reform
leave me far behind, as to profess my opinion that the change, which
appears to have taken place in the English government towards the end
of the thirteenth century, was founded upon the maxim that all who
possessed landed or movable property ought, as freemen, to be bound by
no laws, and especially by no taxation, to which they had not
consented through their representatives. If we look at the
constituents of a House of Commons under Edward I. or Edward III., and
consider the state of landed tenures and of commerce at that period,
we shall perceive that, excepting women, who have generally been
supposed capable of no political right but that of reigning, almost
every one who contributed towards the tenths and fifteenths granted by
the parliament, might have exercised the franchise of voting for those
who sat in it. Were we even to admit, that in corporate boroughs the
franchise may have been usually vested in the freemen rather than the
inhabitants, yet this distinction, so important in later ages, was of
little consequence at a time when all traders, that is all who
possessed any movable property worth assessing, belonged to the former
class. I do not pretend that no one was contributory to a subsidy, who
did not possess a vote; but that the far greater portion was levied on
those who, as freeholders or burgesses, were reckoned in law to have
been consenting to its imposition. It would be difficult probably to
name any town of the least consideration in the fourteenth and
fifteenth centuries, which did not, at some time or other, return
members to parliament. This is so much the case that if, in running
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