Abbildungen der Seite
PDF
EPUB

it is the character of a good ministry, who design nothing but the welfare and happiness of the nation, to leave all men to a due freedom in all their elections. So it is the constant distinction of a bad ministry, that have wicked designs, to try all methods of practising corruption possible to carry such an election, that the nation being ill represented by a bad choice, it may be easy to impose anything on a body of vicious, ignorant, and ill-principled men, who may find their own mercenary account in selling and betraying their country."

The liberties of England can never be in danger from a free parliament made by the choice of the people, without the interposition of the king or his ministers.

At this period the scale of the people was not weighty enough to form a proper counterpoise to the royal or aristocratical power. This king, by his arbitrary measures forfeited his right to rule. He was

solemnly deposed.

In the reign of Henry the Fourth the franchise was as little respected as under that of his predecessor. This king used many unconstitutional methods to have such members chosen to sit in parliament as were devoted to his will. The people complained, and much good ensued, in wholesome laws then made, which direct and regulate the form of county elections. By representatives being chosen through the influence of a corrupt ministry, liberty receives an incurable wound, and the constitutional rights of the people are perverted and destroyed; while electors are found who sell their votes to representatives, these representatives again sell the liberties of the people to reimburse themselves.

In the reign of Henry the Fifth, royal prerogative and parliamentary privileges were inviolably preserved. Under this reign the Lords and Commons enjoyed their united privileges without any interruption. In those days extraordinary care was taken to prevent undue elections, and divers laws were made favourable to the right exercise of the elective franchise.

Henry the Sixth, at the age of nine, succeeded his father on the 31st of August, 1422, and held the Parliament on the 9th of November following, where it was declared as usual, and continued by statute, that all estates should enjoy their liberties, without the word "concedimus," or 66 we grant," being inserted in the

confirmation.

The statute of the seventh of Henry the Sixth regulates the form of the county elections; it ordered that in the full county they shall proceed to the election freely and indifferently, notwithstanding any request or commandment to the contrary.

All the householders were electors from the earliest times.

The act of the eighth of Henry the Sixth limits the number of electors. It enacts that "the knights shall be chosen in every county, by people dwelling and resident in the same county, whereof every one of them shall have land or tenement to the value of forty shillings by the year, at the least, over and above all charges;" which is explained by a subsequent act of the tenth of the same king, to mean freeholds of that value within the county for which the election is to be made.

The statute of the eighth of Henry the Sixth, on

which all the subsequent acts regarding elections have been founded, destroyed that indispensable right which had ever belonged to the people. It disfranchised at once, on false pretexts, by far the greatest part of the English nation, by robbing them of their birthright, the privilege of voting for members of the great national council, without which they cannot properly be esteemed freemen; because, by the laws, their birthright may be changed, suspended, or entirely withdrawn without their consent.

Reflecting on the turbulent conduct of the nobility in former reigns, Henry the Seventh thought of lessening the power of the Lords, and increasing that of the Commons.

Under Queen Mary the free exercise of the franchise was greatly hindered. The representatives were very unconstitutionally elected in many places; in some by force and threats, and in others, many voters were prevented by court influence from going to the places of election. False returns were made, and several duly elected were dispossessed of their seats in the house by violence.

By King Charles the First, the franchise was completely destroyed. Having dissolved the Parliament, he never summoned another for the space of twelve years.

A Parliament was again called by Charles to meet in the thirteenth year of his reign, A.D. 1640. The members, recollecting with how much precipitancy the king had almost always dissolved former Parliaments, without allowing them time to complete any measure

that might tend either to their own honour, or to the advantage of their country, were determined, if possible, upon the present occasion, to prevent their being exposed to the like inconvenience. They therefore persuaded, or rather compelled the king, to declare them perpetual; or at least that they should not be dissolved without their own consent.

The power of the Commons was now become extremely formidable. The sovereign power was changed from a monarchy, almost absolutely despotic, to a pure democracy. In the conflicts with the king, the power of the Parliament became so great, that a resolution was made of bringing the king to trial. The Commons established a high court of justice; Charles would not acknowledge the authority of this court, nor of those who composed it, and having refused to plead before them, they proceeded to pass sentence on him, the 27th of January, 1649, and on the 30th he was decapitated.

CHAPTER VI.

FROM THE DEATH OF CHARLES I. TO THE REVOLUTION

OF 1688.

THE Commonwealth was not long able to maintain its authority.

The mode by which the affair of elections was conducted was favourable to liberty. The exercise of the franchise was free and unhindered. Cromwell deprived all the small boroughs of the right of election, places the most exposed to influence and corruption. Of four hundred members which then represented England, two hundred and seventy were chosen by counties; the remainder were elected by London and other considerable corporations. The lower populace were excluded from the elections, and an estate of £200 value was necessary to entitle any one to vote. The elections of the Parliament of September, 1654, were conducted with perfect freedom, and, excepting the exclusion of those, who, with their sons, had carried arms against the Parliament, a more fair representation of the people could not be desired or expected. Thirty members were returned for Ireland; as many from Scotland.

The free exercise of the franchise which distinguished the commonwealth was greatly impaired by Charles the Second. Charles, addicted to pleasure, and a

« ZurückWeiter »