Devon (England) -- Antiquities; Devon (England) -- History
Before we speak of Tiverton as an appanage of the Ryders, it will be
desirable to glance at the subject of pocket boroughs in general. There
are no pocket boroughs or rotten boroughs now, and readers who have
bestowed no special attention on political or constitutional
developments, may be glad of some measure of illumination as to their
rise and their place in the representative system of England. An
impression formerly prevailed that the institution dated from the great
Revolution, but this, it will be easy to show, was a fallacy. It was
much older. On the other hand, the pocket-borough was never substituted
by the arbitrary action of the Crown for the open borough, although it
was the settled belief of many of the inhabitants of Tiverton that under
the provisions of that mighty instrument, Magna Carta, the right of
returning members had been inalienably secured to them, and the
circumstance that this right was in fact exercised by neighbouring
towns, like Barnstaple and Taunton, was considered proof that the local
potwallers, or potwallopers, were the victims of invidious and illegal
discrimination. “Magna Carta,” said Sir Edward Coke, “is such a fellow
that he will not fear an equal”; and if it had been true that open
voting in the boroughs had been promulgated as the law of the land after
Runnymede, it has been judicially determined that no departure from that
principle, brought about by the use of the Royal prerogative or by any
other means, would have been recognized as valid. The terms of Magna
Carta, however, do not countenance the view that the burgesses of any
given town became entitled at their own option to send deputies to
Parliament, or that universal suffrage was the rule. On the contrary,
Parliamentary representation had at that time no existence either in
theory or in practice. The Commons were simply tenants _in capite_ of
the Crown. After 1265, no doubt, elections began to be held, and many
little places were summoned to return members, who received salaries
from their constituencies in payment of their services. This charge
rendered the honour a costly burden, and Edward I., one of the wisest of
our princes, varied the direction of the writs so as to distribute the
maintenance of the new third estate over as wide an area as possible.
The towns themselves did not greatly value the franchise, and, in many
instances, petitioned to be relieved of the dubious privilege. It seems
unquestionable that the mere receipt of an occasional summons did not
create or confirm any inherent or indefeasible right of unbroken
representation, nor do we meet with any attempt to institute such a
system until the days of the Reformation, when a new spirit invaded the
country and the Commons, as a branch of the Legislature, made rapid
strides in numbers and importance.
Public-domain text, read in full here on John Shaqi.
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