stroy-but to restore the ancient principles of his own country to himself and his fellow-citizens. Seeing new conftitutions formed on the wrecks of tyranny, should certainly stimulate him to join in the renovation of his own unrivaled government. Prefuming every individual, that is worthy of being a free citizen, is emulous to begin the glorious task, I fhall proceed in my endeavours to prove, that it may be completed without the least personal facrifice, or the destruction of any one principle, for which our conftitution has been so justly envied, admired, and revered.

CHAP.

CHA P. VII.

COPYHOLDERS BEING DEPRIVED OF A RIGHT TO VOTE FOR A REPRESENTATIVE, IS A DEPARTURE FROM THE PRINCIPLES OF OUR ANCIENT AND FREE CONSTITUTION.

IT being one of the chief objects of this work, to ascertain the rights we poffeffed by the first establishment of our government, it is neceffary to prove that copyholders, who are fo numerous, and a refpectable body in this country, have an equal claim to elective franchise with a freeholder. Those being restored to this right, would renovate an effential part of the conftitution, which has fallen a prey to arbitrary power, and infidious corruption. By admitting copyholders to vote for members of parliament, would extend the spirit of justice and freedom to a large and deferving part of the community. Having no friend to vindicate their rights, they have been left to wither on the waste of oppreffion. But, like the vigorous products of nature, they have not only borne the blaft of the defert-but have even grown

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grown to a greater height than many that have been matured in a more genial foil and climate. This body of people having, therefore, risen to be poffeffors of confiderable property, to vindicate their privileges, it is prefumed, will be no uninteresting endeavour; and to prove they have the claim of being reprefented, arguments will be drawn from law, reason, and justice.

In the last chapter was fhewn, that in the firft establishment of our laws, the poffeffors of land were neceffarily the only freemen, from there being no other fpecies of property that could entitle the owner to a right of being confulted in what related to its protection. War and agriculture, as before obferved, were their only avocations, and therefore land conftituted the holder as the only perfon poffeffed of civil and political liberty. Commerce, not having then created the variety of other property it has fince the chartering of boroughs, there were no other owners of poffeffion to claim the privileges of freemen. But furely this could not justly preclude all other perfons, but freeholders, from having their acquifitions protected by a share in their legiflature? Had this been the principle of the government,

no

ho perfon would ever have been induced to leave the plough or the sword, by which they could only maintain their freedom. Knowing trade and arts would render them little better than bond-men, commerce and manufactures would never have been established. Granting charters, beftowing matkets, and incorporating towns for the encouragement of trade, would never have ftimulated the artizan to prosecute his induftry, had he known his acquifitions, from not being freeholds, deprived him of a freeman's inheritance. But the principle of the Saxon government being liberty, founded on justice and true policy, all the inhabitants of boroughs, unless bondmen or villeins, were admitted as members of their tithing-courts, which were not only judicial, but legislative, as far as the welfare of the refpective decenaries required. The by-laws that were made in these courts, as well as in the hundreds, tythings, and county courts, prove they were legislative. The inhabitants, therefore, of these fmall divifions being their own representatives, prove that every

*

houfe

* Tythings and boroughs were originally the fame. "The "chief person in each tything is called Borfholder, which is "a corruption of the Saxon word Burgh-Ealder, Headborough, "or Tything-man." St. Amand. 74.

houfe-holder, whether poffeffing land or other property, exercised the privileges of a freeman in the greatest extent.

entitled every

THE free poffeffion of property Saxon to a fhare in his government. And as nơ member of the community was without property of land, which was, in thofe early ages, the chief poffeffion, every individual that was not a bondman, was not only an elector, but his own legiflator. The free poffeffors being, thus, the only freemen, fucceeding tyrants availed themfelves of this circumftance to confine the legiflative right to freeholders, or to such persons as they chose to charter as burgeffes. On this unjuft and arbitrary exertion of power, copyholders, although manumitted from villenage, were not fuffered to exercife the privileges of freemen. And, on the fame unconftitutional principle, no borough, or its inhabitants, is fuffered to exercife the franchise of a citizen, unless they are fpecified as members of a corporate body, who had this liberty difpenfed to them by the king, or his demefne lord. The copyholder having been once a flave, was, notwithstanding his infranchisement, the plea to prevent his ever exercifing the rights

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of