Lawyers from coun 1. 2. and argument to this day, whether the 46 E. 3.* was a 46 E. 3. statute duly enacted by the three estates of the realm, the king, lords, and commons; or whether, it not appearing Note, p. 10. upon the face of the record that the commons had given their assent, it could be considered as any more than an ordonance, which would not operate to change the law. This statute, or ordonance, recites the inconveniences which had arisen from the absence of the sheriffs out of their jurisdiction, and from their having returned themselves knights for the same counties of which they were sheriffs, and then enacts or orders, that "no lawyer in practice, nor sheriff for the time he is sheriff, shall be re"turned nor accepted knights of counties." The mandatory part, as to lawyers, extended therefore beyond the excluded evil recited; but neither lawyers nor sheriffs were ex- ties till 13 pressly prohibited from being chosen for cities or boroughs in or out of the counties. This nolumus clause is continued the same to the 12 R. 2. when the words, " aut alterius conditionis," are omitted; and though they are inserted in the next following year, yet, from the end of the 13 R. 2. the nolumus clause was never after extended to lawyers either impliedly or expressly, except in the fifth year of Hen. 4. when it was revived by the crown to secure more effectually the extravagant loan † required of the people by shutting out men of learning who might give an opposition to the measure. But this, like all arbitrary innovations, was immediately cried down by the discerning and active spirit of the people. The restriction attempted in p. 85. the 5 Hen. 4. was so far from being popular, that in 7 H. 4. c. 7 Hen. 4. on complaint of the commons, it was enacted, that thenceforth the election should be free and indifferent, Lord Coke calls this an ordinance and not a statute, 4 Inst. 25. + In the year 1404 it was enacted, by the famous indoctum parliamentum, that the king might take one year's profit of all annuities, fees or wages, granted by the crown since the reign of E. 3. together with all revenues alienated by the crown, and all patents of pensions or annuities for life, since the 40 E. 3. to be examined; and such as were undeservedly bestowed to be revoked. Sim. p. 10. 2 Mort. Governm. cap. c. f. 360, 361. Sinclair's XV. Sim. p. 8. ju in the 45 E. 3. expressing it to be " Pryn. Par. and expence," and in 26 E. 3. " to lake "ble from the harvest." These there. Writ, pt. 2. p. 92. p. 223, & seq. Ibid. pt. 3, could be drawn into precedents for ... Why 9 boroughs were not summoned. ters granted in or since the reign of nt of this kind was to the borough of harter of Car. 2. which, after much dishouse upon the legality of the grant, was is case, however, would hardly be relied the exercise of such a right at this day. I town of Monmouth, and the counties and horoughs within the principality of Wales, of Chester and Durham, and the two Unitheir privilege to act of parliament. Mon, and Chester, to the 27 and the 34 and 35 latinate of Durham to the 25 Car. 2. c. 29. "es to the grant of Ja. I. ., ether with the Scotch members, who have 5 Ann. c. 8. 3. c.7. 39 & 40 G. Simvid, Pryn. Par. Writs, pt. 3. 223, & seq. Ibid. 231, 242. Bra. passim. of incorporation, and, if the latter, whether such incorporations were according to the present artificial form under which they now exist, are inquiries which open a field for learning and ingenuity, but do not help us in the present state of things. The simplicity and plainness of Mr. Prynne's account of the origin of representation, grounded on what we know, and collected from records which cannot deceive us, plainly shews it not to have arisen from any charters of the crown conferring the right, nor from any usage antecedent which had grown into a right but from the issuing of the king's writ to such cities, boroughs, and cinque ports, as were intended to have the privilege; and this extended probably to all the cities and towns of any note or consequence at that time, most if not all of which are said to have been within Sincl. Hist. the king's demesnes, and, as such, liable to arbitrary talliage until after the statute de talliagio non concedendo. What those particular places were in the interval between the 49 H. 3. and 22 E. 1. from the loss of the writs to the cities and boroughs during that period, we cannot know with certainty. The writs to the cinque ports only remain preserved. We have seen before how uncertain that right was rendered by the caprice, indolence, and partiality, of the sheriffs. Rev. 25 E. 3. I would not be understood to mean, that because parliamentary representation in its present form, owes its rise to the king's writ, that therefore the king's writ may at this day issue to any new place; or, that in fact all places which send members to parliament at this day, owe their privilege entirely and purely to this source. The boroughs of Malton and Allerton had this privilege revived after a discontinuance of 340 years. Milborne Port, Weobly, Agmondesham, Wendover, Hartford, 1740.Glany Marlow, and other boroughs, owe the renewal of their rights to the house of commons, upon whose order writs issued for their sending members to parliament after a discontinuance of that right near 400 years. Other places, where the right of representation is corporate, owe their Dec. 11, 87. Will. Not. Parl. privilege to charters granted in or since the reign of E. 6. The last grant of this kind was to the borough of Newark, by the charter of Car. 2. which, after much discussion in the house upon the legality of the grant, was established. This case, however, would hardly be relied upon to justify the exercise of such a right at this day. The county and town of Monmouth, and the counties and contributory boroughs within the principality of Wales, the palatinates of Chester and Durham, and the two Universities, owe their privilege to act of parliament. Monmouth, Wales, and Chester, to the 27 and the 34 and 35 H. 8. The palatinate of Durham to the 25 Car. 2. c. 29. The Universities to the grant of Ja. I. These together with the Scotch members, who have come to parliament since the union of the two kingdoms, and the Irish members since the union with Ireland, have increased the number of the representative body from about 300 in the reign of H. 6. to 658 members, which compose the House of Commons at the present day, viz. For England and Wales, at the time of the union Two members for each of 177 cities, boroughs, and One member + for each of 5 boroughs in England 80 30 354 The cities in England being counties of themselves, having two Sheriffs are Bristol, Coventry, Lincoln, London, Gloucester, Norwich, York, and Chester. The following have but one sheriff, viz. Canterbury, Exeter, Lichfield, and Worcester. The towns which are counties of themselves, are Kingston-upon-Hull, Newcastle-upon-Tyne, Nottingham, Poole, and Southampton, each of these have but one Sheriff, except Nottingham, which has two. The counties are enumerated in the schedule stat. 3 G. 1. c. 15. ↑ Abingdon, Banbury, Bewdley, Higham Ferrers, and Monmouth. 5 Ann. c. 8. 39 & 40 G. 3. c. 7. |