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CHA P. XIV.

OF THE HOUSE OF COMMONS.

THE

HE third eftate, of which we shall herein principally treat, is on all hands confeffed to confift of the knights, citizens, and burgesses, with the barons of the cinque-ports; all which being at this day elected by the free votes of the freemen of Great-Britain, are properly esteemed the representative body of the people, and conftitute that part of the parliament, ufually called the house of commons. (N.B.) The ancient modus tenendi parl. reckons up fix degrees or orders of parliament, but that division cannot be denominated fix eftates."

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"The numbers of the commons I find to have been formerly variant, according as the fheriffs of counties (from what motive is uncertain) were pleased to direct their precepts to the feveral cities or boroughs within their respective counties, or as the fame sheriffs made their returns thereupon; but indeed another cause of this variation was, that it was usual for the prince, on his acceffion to

Lex Parliamentaria, p. 4, 5, 6, 7.

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the

Kings formerly the throne, to grant charters to ancient de

at their accef

fion granted charters to

towns to fend reprefentatives

mefne vills, and other popular towns, thereby erecting them into free boroughs, and this to parliament. confequently gave them a right to be reprefented in parliament; and by this artifice, among others, the crown advanced its interefts in the house of commons.

By whom the

elections were

formerly made.

"For it must be confeffed, that by the ancient conftitution, there were no reprefentatives of the commons, as commons in parliament, befides the knights for the fhires, the barons for the cinque-ports*, the citizens for the cities, and the burgeffes for the ancient boroughs only; and that the elections for all thofe were to be made by fuch perfons only, as were poffeffed of lands or tenements, held by them as freebolds or free burgage tenures, which consequently excluded all villeins and copyholders †, as alfo tenants in ancient demefne (which were but the king's villeins) and the tenants and dependants of other lords, from being either the electors, or elected of the house of commons . Indeed, the practice of encreafing the number of the reprefentatives

* Crompt of Courts, f. 2, 3, &c. Stat. 23 H. VI.

C. II.

+ Stat. 12 R. II. c. 12. Dem. 431.

Crom. 2, 3, 4, 5. Bro. Ant.

Parl. 96. Reg. 261. Nat. Bre. 14.

of

King John

of the commons, began very early, viz. temp. Johan. (if not before) for I find it a practice granted charof that prince* to grant, ufually in confide

ration of money, &c. charters to ancient demefne towns (as generally all fea port towns were) thereby erecting them into free boroughs †, and hence it was, as I conceive, that Bridport, Dorchester, Harwich, Helftone, Kingston upon Hull, and divers other ancient demefne towns came to be erected into free boroughs, which originally had no right of being represented in parliament.

But whatever methods were then taken to increase the number of the houfe of commons, I find their number to be much the fame from the end of Henry the Sixth's reign, to the beginning of that of Henry the Eighth, viz. about three hundred.

"That H. VIII. added to their
number

King Ed. VI.

Queen Mary,

38

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ters for money

The former and prefent numbers of repre fentatives.

Queen Elizabeth,

King James I.

* See Bohun's Col. per. tot.

+ The Reprefentative of London and Westminster,

p. 14 to p. 21. Spelm. in voce Major.

Fortescue, p. 40.

Mmft. penes Auctorem.

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charters deelared void.

"And king Charles I. about ten or twelve; so that at the time of the restoration of king Charles II. I find their numbers to have been about five hundred. But the commons about that time reftrained this mifchievous King Charles's practice for the future, fo that they declared the elections made by virtue of that prince's charters void; and as Chefter had been enabled to fend two members for the county, and two for the city, by virtue of a * stat. 34, 35 H. VIII. fo an act paffed in the 25 Car. II. enabling Durham to fend four members in. like manner, and thus the number of the house of commons ftood at five hundred and thirteen, till the union of the kingdoms of England and Scotland, when by virtue of the union att forty-five Scottish members Prefent number were added, which made the whole number of that houfe to be five hundred and fiftyeight, as it now stands.”

ve hundred

and fifty-eight.

Origin and progrefs of the power of the

Commons under Edward I.

Mr. De Lolme has collected a very just and impartial historical account of the origin, gradual increase, and establishment of the influence and power of the house of commons. "Edward I. continually engaged in

* St. 34, 35. H. VIII. c. xiii. St. 25. c. ii. c. ix.
+ St.
5 An. c. viii.

On the constitution of England, c. ii. p. 32. & feq.

wars,

wars, either against Scotland or on the continent, feeing moreover his demefnes confiderably diminished, was frequently reduced to the most preffing neceffities. But though, in confequence of the spirit of the times, he frequently indulged himself in particular acts of injustice, yet he perceived, that it was impoffible to extend a general oppreffion over a body of nobles and a people, who fo well knew how to unite in a common cause. In order to raise fubfidies therefore, he was obliged to employ a new method, and to endeavour to obtain, through the consent of the people, what his predeceffors had hitherto expected from their own power. The sheriffs were ordered to invite the towns and boroughs of the different counties to fend deputies to parliament; and it is from this æra, that we are to date the origin of the house of commons *.

"It must be confeffed however, that these

originally fumé

wants of the

The commons deputies of the people were not at firft pof- moned only to feffed of any confiderable authority. They fupply the were far from enjoying thofe extenfive pri- king. vileges, which, in these days, constitute the house of commons a collateral part of the government; they were in thofe times called

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