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
In the reign of Charles II. the House of Commons seems to have become
less favourable to this species of franchise. But after the
revolution, when the struggle of parties was renewed every three years
throughout the kingdom, the right of election came more continually
into question, and was treated with the grossest partiality by the
house, as subordinate to the main interests of the rival factions.
Contrary determinations for the sole purpose of serving these
interests, as each grew in its turn more powerful, frequently
occurred; and at this time the ancient right of resident householders
seems to have grown into disrepute, and given way to that of
corporations, sometimes at large, sometimes only in a limited and very
small number. A slight check was imposed on this scandalous and
systematic injustice by the act 2 G. ii. c. 2, which renders the last
determination of the House of Commons conclusive as to the right of
election.[74] But this enactment confirmed many decisions that cannot
be reconciled with any sensible rule. The same iniquity continued to
prevail in cases beyond its pale; the fall of Sir Robert Walpole from
power was reckoned to be settled, when there appeared a small majority
against him on the right of election at Chippenham, a question not
very logically connected with the merits of his administration; and
the house would to this day have gone on trampling on the franchises
of their constituents, if a statute had not been passed through the
authority and eloquence of Mr. Grenville, which has justly been known
by his name. I shall not enumerate the particular provisions of this
excellent law, which, in point of time, does not fall within the
period of my present work; it is generally acknowledged that, by
transferring the judicature in all cases of controverted elections,
from the house to a sworn committee of fifteen members, the reproach
of partiality has been a good deal lightened, though not perhaps
effaced.
FOOTNOTES:
[1] It was said in 18 Car. II. (1666) that "the king by the common law
hath a general prerogative over the printing press; so that none ought
to print a book for public use without his license." This seems,
however, to have been in the argument of counsel; but the court held
that a patent to print law-books exclusively was no monopoly. Carter's
_Reports_, 89. "Matters of state and things that concern the
government," it is said in another case, "were never left to any man's
liberty to print that would." 1 _Mod. Reps._ 258. Kennet informs us
that several complaints having been made, of Lilly's _Grammar_, the
use of which had been prescribed by the royal ecclesiastical
supremacy, it was thought proper in 1664 that a new public form of
grammar should be drawn up and _approved in convocation_, to be
enjoined by the royal authority. One was accordingly brought in by
Bishop Pearson, but the matter dropped. _Life of Charles II._ 274.
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