Constitutional History of England, Henry VII to George II. Volume 3 of 3 — John Shaqi
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
Of these propositions, the first was laid down by a celebrated
committee of the House of Commons in 1624, the chairman whereof was
Serjeant Glanville, and the members, as appears by the list in the
journals, the most eminent men, in respect of legal and
constitutional knowledge, that were ever united in such a body. It is
called by them the common-law right, and that which ought always to
obtain, where prescriptive usage to the contrary cannot be shown. But
it has met with very little favour from the House of Commons since the
restoration. The second has the authority of Lord Holt in the case of
Ashby and White, and of some other lawyers who have turned their
attention to the subject. It countenances what is called the right of
burgage tenure; the electors in boroughs of this description being
such as hold burgages or ancient tenements within the borough. The
next theory, which attaches the primary franchise to the freemen of
corporations, has on the whole been most received in modern times, if
we look either at the decisions of the proper tribunal, or the current
doctrine of lawyers. The last proposition is that of Dr. Brady, who in
a treatise of boroughs, written to serve the purposes of James II.,
though not published till after the revolution, endeavoured to settle
all elective rights on the narrowest and least popular basis. This
work gained some credit, which its perspicuity and acuteness would
deserve, if these were not disgraced by a perverse sophistry and
suppression of truth.
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