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
It does not appear at all probable that such varying and indefinite
usages, as we find in our present representation of boroughs, could
have begun simultaneously, when they were first called to parliament
by Edward I. and his two next descendants. There would have been what
may be fairly called a common-law right, even were we to admit that
some variation from it may, at the very commencement, have occurred in
particular places. The earliest writ of summons directed the sheriff
to make a return from every borough within his jurisdiction, without
any limitation to such as had obtained charters, or any rule as to the
electoral body. Charters, in fact, incorporating towns seem to have
been by no means common in the thirteenth and fourteenth centuries;
and though they grew more frequent afterwards, yet the first that gave
expressly a right of returning members to parliament was that of
Wenlock under Edward IV. These charters, it has been contended, were
incorporations of the inhabitants, and gave no power either to exclude
any of them or to admit non-resident strangers, according to the
practice of later ages. But, however this may be, it is highly
probable that the word burgess (burgensis), long before the elective
franchise or the character of a corporation existed, meant literally
the free inhabitant householder of a borough, a member of its
court-leet, and subject to its jurisdiction. We may, I believe, reject
with confidence what I have reckoned as the third proposition; namely,
that the elective franchise belonged, as of common right, to the
freemen of corporations; and still more that of Brady, which few would
be found to support at the present day.
Public-domain text, read in full here on John Shaqi.
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