The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(65) Both these forms of undue influence on the part of the Crown
are set forth by Hallam, Constitutional History, i. 45, ii. 203.
“It will not be pretended,” he says, “that the wretched villages,
which corruption and perjury still hardly keep from famine [this was
written before the Reform Bill, in 1827], 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.”
In the same page the historian, speaking of the different boroughs and
counties which received the franchise in the sixteenth century, says,
“It might be possible to trace the reason, why the county of Durham was
passed over.” And he suggests, “The attachment of those northern parts
to popery seems as likely as any other.” The reason for the omission
of Durham was doubtless that the Bishoprick had not wholly lost the
character of a separate principality. It was under Charles the Second
that Durham city and county, as well as Newark, first sent members to
Parliament. Durham was enfranchised by Act of Parliament, as Chester
city and county—hitherto kept distinct as being a Palatinate—were by
34 & 35 Hen. VIII. c. 13. (Revised Statutes, i. 522.) Newark was
enfranchised by a Royal Charter, the last case of that kind of exercise
of the prerogative. Hallam, ii. 204.
(66) I do not know what was the exact state of Old Sarum in 1265 or
in 1295, but earlier in the thirteenth century it was still the chief
dwelling-place both of the Earl and of the Bishop. But in the reign
of Edward the Third it had so greatly decayed that the stones of the
Cathedral were used for the completion of the new one which had arisen
in the plain.
(67) On the relations between Queen Elizabeth and her Parliaments,
and especially for the bold bearing of the two Wentworths, Peter and
Paul, see the fifth chapter of Hallam’s Constitutional History, largely
grounded on the Journals of Sir Simonds D’Ewes. The frontispiece to
D’Ewes’ book (London, 1682) gives a lively picture of a Parliament of
those days.
(68) On the relations between the Crown and the House of Commons under
James the First, see the sixth chapter of Hallam’s Constitutional
History, and the fifth chapter of Gardner’s History of England from
1603 to 1616.
CHAPTER III.
(1) This was the famous motion made by Sir Robert Peel against the
Ministry of Lord Melbourne, and carried by a majority of one, June 4,
1841. See May’s Constitutional History, i. 158. Irving’s Annals of our
Times, 86.
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