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
These accessions to the popular chamber of parliament after the reign
of Henry VIII. were by no means derived from a popular principle, such
as had influenced its earlier constitution. We may account perhaps on
this ground for the writs addressed to a very few towns, such as
Westminster. But the design of that great influx of new members from
petty boroughs, which began in the short reigns of Edward and Mary,
and continued under Elizabeth, must have been to secure the authority
of government, especially in the successive revolutions of religion.
Five towns only in Cornwall made returns at the accession of Edward
VI.; twenty-one at the death of Elizabeth. It will not be pretended
that the wretched villages, which corruption and perjury still hardly
keep from famine, were seats of commerce and industry in the sixteenth
century. But the county of Cornwall was more immediately subject to a
coercive influence, through the indefinite and oppressive jurisdiction
of the stannary court. Similar motives, if we could discover the
secrets of those governments, doubtless operated in most other cases.
A slight difficulty seems to have been raised in 1563 about the
introduction of representatives from eight new boroughs at once by
charters from the Crown, but was soon waived with the complaisance
usual in those times. Many of the towns, which had abandoned their
privilege at a time when they were compelled to the payment of daily
wages to their members during the session, were now desirous of
recovering it, when that burthen had ceased and the franchise had
become valuable. And the house, out of favour to popular rights, laid
it down in the reign of James I. as a principle, that every town,
which has at any time returned members to parliament, is entitled to a
writ as a matter of course. The speaker accordingly issued writs to
Hertford, Pomfret, Ilchester, and some other places, on their
petition. The restorations of boroughs in this manner, down to 1641,
are fifteen in number. But though the doctrine that an elective right
cannot be lost by disuse, is still current in parliament, none of the
very numerous boroughs which have ceased to enjoy that franchise since
the days of the three first Edwards, have from the restoration downwards
made any attempt at retrieving it; nor is it by any means likely that
they would be successful in the application. Charles I., whose temper
inspired him rather with a systematic abhorrence of parliaments than
with any notion of managing them by influence, created no new
boroughs. The right indeed would certainly have been disputed, however
frequently exercised. In 1673 the county and city of Durham, which had
strangely been unrepresented to so late an æra, were raised by act of
parliament to the privileges of their fellow-subjects.[67] About the
same time a charter was granted to the town of Newark, enabling it to
return two burgesses. It passed with some little objection at the
Public-domain text, read in full here on John Shaqi.
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