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chiefs, when that assembly is proved to tion of parliaments on a basis not to be have existed for so many centuries be- shaken. fore the feudal system was known.

Cæsar acknowledges that the Commune Concilium of Britain chose Cassibelanus for their leader; and Owen Pugh, the celebrated Welch antiquarian, has proved from the Tryads, or ancient records of the Britons, that the Kufry-then of the ancient British, was the Commune Concilium mentioned by Cæsar, afterwards called the Wittena Gemote of the Saxons, and which assumed the name of Parliament in the reign of Edward the Confessor, who had received his education in France.

That the representation was equal, and the right of suffrage general, in the housekeepers paying taxes, or, as it is now termed, scot and lot, is proved from the statutes at large, and from the earliest history of every county, city, and borough, in the kingdom.

The number of members in the Parliament summoned by the conqueror were twelve for each county, and four in that of the forty-ninth of Henry III. and the electors till the eighth year of Henry VI. were all those bearing scot and lot. Even freeholders of forty shillings per annum were never known as possessing exclusive rights of election, till the enactment of the famous disfranchising statute of that year.

That this was a representative assembly, elected by the people, is proved by the Saxon view of Frankpledge, so ably demonstrated by that learned and venerable patriot, the late Granville Sharp, The same right of election continues esq.; and that not only the Legislative to this day in all those cities and boBody, but every executive officer from roughs, where it has not been altered by the Tythingman to the Ealderman, or chief magistrate of a county, was elected by the respective hundreds annually assembled in the County Court.

The learned Seldon also proves from Hovedon, that the Conqueror assembled a parliament in the year 1070, the fourth year of his reign, which was composed of twelve representatives returned out of every county who confirmed the laws of Edward the Confessor, which the King bound himself to keep, but never adhered to his solemn engagement.

The assembling of a parliament composed of four representatives from each county, in the 49th Henry III. was what Carew calls "throwing off the yoke of the Conqueror, and the redemption of the people from slavery.'

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It was the re-establishment of the ancient form of government which existed from the earliest times, but had been wrecked in the same tempest that had overturned the Saxon throne, and it is as absurd to suppose that we had no representative parliament antecedent to the forty-ninth of Henry III., as to assert that we had no king prior to the same period.

The great authorities we have had recourse to, are supported by records, charters, and legal documents which defy contradiction, and establish the constitu4M

the acceptance of charters, establishing exclusive privileges, as it is retained in Westminster, Lewes, and many other places, or where they have not been deprived of it by resolutions of committees of the House of Commons, who have in general differed with each other in their determinations wherever this right has been disputed, and they have once departed from the ancient letter of the constitution, which says that laws, to bind all, must be assented to by all.

ANCIENT BRITISH HISTORY.

Although the history of the origin of most nations is in general enveloped with a mist of mythology, yet that of the an cient Britons has so much strong collateral evidence to adduce, as places certainty in the room of doubt, since the æra of Hu the Mighty, who led the first Cymri from Defrobani, called also Summerland, situate near the present site of Constantinople, over the misty sea," probably the German ocean, into Britain; this appears to have been from about eight hundred to a thousand years prior to the Christian æra, taking into consid eration the progressive population of Europe.

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From their original proximity to Greece, many Greek words were adopted into the old British language; mang Grecian customs and public diversions MON. MAG. No. 286.

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were in usage among the Britons, which his judges, and his barons, (Cymri poswere continued by the trade carried on sessed of land) for holding courts and from Cyprus to Cornwall, for tin. It pleadings in law. The third is the Gorappears, from Homer, that one of the sedd of federal convention, that is to say, chief glories of the Greeks was their ge- a Gorsedd of a country, and to this nealogy. In this they were equalled by pertains the homage of the two other the ancient Britons, as the political rights high seats, being older from necessity of the people depended upon the au- and nature, under the discretion, (sense,) thenticity of the family tree, and for the of the nation: for ordering and strengthpurity of which they are still rivalled by ening right, protection, and defence of the modern Welch. The ancient Bri- the country, and its particular interests, tons rivalled the Grecians in their hos- with respect to the loyal men of the pitality to strangers. A great similarity commonwealth. For, without this conreigned at the funeral games of both na- vention, the other two Gorsedds could tions. There was no great difference not have possessed either privilege or between the wandering poets in Greece stability. This conventional voice of and the itinerant bards of Wales. Both the nation originated from the sense, people were equally lovers of dancing, power, and general will to make, imrunning, wrestling, boxing, and pitching prove, and strengthen mutual law and the discus. They entertained their reap- judicature, in insuring rights and priers with music, which they used both at vileges, and the separate interests of all, funerals and at weddings.

Some of the most authentic lists of the descents of the supreme elders of Britain prove Caswallawn, or the Cassibelanus of Cæsar, to be the seventh in line from Dyvnwal Moclmud. Those who have laid down canons of chronology, average thirty years for every descent, a generation. Thus fixing the time when he flourished at three hundred, and that of Pridain, his father, at three hundred and thirty years A. C.

BRITISH PARLIAMENTS.

whether foreign or Cymri, and was composed of princes, and heads of tribes, and the wise men of a country and border country.

SAXON PA MENTS.

Vortigern having invited Saxon auxiliaries to defend the kingdom against the depredations of the Scots and Picts, where they came to assist, they remained as conquerors. During a struggle of fifty years, the sword supplied the place of law. Conquest being completed, and becoming possessors of the lands, they No nation appears to have entertained thought of legislation to preserve to a stronger sense of natural rights, even themselves their newly acquired property. in the earliest times, than the Britons; Then was the word kyfr-y-then changed for the Tryads state, as the three bases for the Saxon-British word wittena-geof society, privilege, (right,) property, mote, formed, as some assert, of both and law. The three guards and protec- languages, from the German wita-a wise tions of society are of life, (person,) pos- man, and the British gemote, or comot, a session, and dwelling, and the protection council. Hence its compound implied of natural right. When a Briton had a council of wise men, and the assembly attained to all his privileges, he was cal- of the people at large was called the led Goresgynydd, or super-ascendant, mickle gemote. But it is with great reason that is, one having original possession or to be presumed, that its origin is of much seissin, for he obtains possession of his earlier date than that of the Saxons, as land, or maintenance of five free acres, we find it exists still among the Persians and his presentation and privilege of and Tartars: as wuttun in their language Pencenedyl, or head of a tribe as well as implies patria, or native country Jemoyut, every other right belonging to a conge- the assembly of, and mo a-cul jemoyut, nial Cymro. the great assembly. And it is probable There were three privileged high seats, the Saxons found these words among the in the original British language, Gorsedds. ancient British, and that they were in The first was that of the bards; the se- use in the country of Defrobani, prior cond of a king or lord of a common- to the arrival of Hu the Mighty with the wealth, with his verdict-men, (jury,) and first settlers.

During the heptarchy, every kingdom by "senioribus, sapientibus populi," must had its wittena-gemote, where laws were be understood the deputies or representamade for the use of each; and when tives of the people. The Saxon constisuch were remarkably wise and good, tution, therefore, required not only the the rest of the kingdoms received them presence, but the approbation of the as general laws. Such were those of people to enact laws. Ethelbert, King of Kent, Ina of the west And it appears by the preamble to seSaxons, and Offa of the Mercians; as veral Saxon laws, "I Alfred the king, this mode shortened much the work of gathered together, and commanded to legislature; and, when Atholwerd be- be written, many laws of our forefathers, came" Anglorum rex potentissimus," which pleased me; and many of them, the other kings of the Heptarchy sent which pleased me not, I rejected, with some of their wittas to his wittena-ge- my wittena-gemote. Hence it is apmote, when new laws were to be made. parent, and past all contradiction, that Alfred, with the consent of his witas the people, in those ages, were an essenin wittena-gemote, made his code of laws tial part of the legislative power, in makthat was common to the whole nation, ing, altering, and ordaining laws, by and enacted that a wittena-gemote should which they and their posterity were to be held twice a year, and "oftener if be governed, and that the law was then need were." the rule which measured out and limited the prerogative of the prince, and the liberty of the subject.

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UNIVERSAL SUFFRAGE.

Hence it is a matter of fact, that among the Anglo-Saxons collectively under one government, or in their separate kingdoms, there was a national council, called wittena-gemote, whose consent was It is demonstrated by no less an aurequisite for enacting laws, levying taxes, thority than Sir Edward Coke, that the and for ratifying the chief acts of public term burgage-holder applied to every administration. The preambles to all housekeeper in the kingdom who, as the laws of Ethelbert, Ina, Alfred, Ed- such, was entitled to vote for his repreward the elder, Athelstan, Edmund, sentative in parliament: how this right Edgar, Ethelred, and Edward the Con- has become confined to the proprietors fessor; even those of Canute, though a kind of conqueror, put the matter beyond controversy, and carry proofs every where of a limited and legal government. Wilkins thus translates the preface to the laws of Ina :

of certain tenements or small patches of land in rotten boroughs, as at present with Old Sarum, and other boroughs of the like description, is only for corruption itself to determine. For their ancient indisputable right of sending burEgo Ina occiduorum Saxonum rex, gesses to parliament, proves their free-. cum consilio et cum doctrinâ Cenreda dom às members of the community. patris mei, et Heddæ episcopi mei, et Hence, in the borough of Southwark, Erkenwoldæ episcopi mei, et cum omni- and several others to this day, the renbus meis senatoribus et senioribus sapi- ters of tenements and housekeepers in entibus populi mei et multa etiam societate general are the electors; and in Westministrorum Dei, consultabam de salute minster and other ancient cities, the animæ nostræ, et de fundamento regni same right, by burgage tenure, of voting nostri et justæ leges et justa statuta, per for representatives, still prevails, because ditionem nostram stabilita et constituta all cities were originally deemed boessent, &c." I, Ina, king of the west roughs, as being the habitation of free Saxons, with the advice of Cenrede my borges, or free pledges; the associated father, Hedds my bishop, and Erken- housekeepers, who are mutually pledged wold my bishop, with all my senators to maintain the public peace, and defend and oldest and wisest of my people, and and support the due execution of the many of the society of the ministers ofGod, laws. If this original right of voting did consult for the health of our soul, and were fully restored, and vested in all for the government of our kingdom, and householders, or heads of families, who just laws and statutes, were by our folk, principally defray the exigencies of the established and appointed, &c."---Hence state; even if the franchise descended no

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This

1,200,000 housekeepers would elect
120,000 tithing men
12,000 constables
1,200 magistrates

600 representatives.

farther, it would be amply sufficient to hundred. Ten of these hundreds, again,
destroy the present detestable corruption should form the court of the thousand,
in the representation, or more properly, and elect annually their elderman of
mock representation of the commons, magistrate, and two thousand should
and restore the ancient lustre of parlia- form the elective number to choose a
ment. For then the numbers of deciners representative for the parliament.
or householders in each county would mode would insure a system of represen-
be regularly known, and the advantage tation perfectly fair and equal, founded on
of the regularity of numbers would great- the ancient practical constitution of the
ly facilitate the much to be desired and country, and might be effected in the
more equal representation of the people, following regular progression :-
if all deciners in each county were al-
lowed to vote, as they should by consti-
tutional right for the junction of ten
equal hundreds, composed of their de-
ciners, associated, would form a propor-
tionate division of a county, regular in
numerical arrangement both of officers
and other deciners, and would conse-
quently facilitate the routine of public
business. Two such divisions would be The objection made by the opponents
sufficient to send one deputy to the na- of reform, and those interested in the
tional council. Hence the present num- abuses existing under the present form
ber of representatives would be lessened, of representation, on the ground of im-
and an equal representation of all the practicability, are fully refuted by the
families in the kingdom obtained. So actual existence of this system for so ma-
would order be preserved, and no person ny centuries, till it was overturned by
be allowed to vote but those who did ac- Norman violence. To correct the abuses
tually reside in the place or county where of our constitution, and restore its ancient
the election is made, according to an an- purity and splendor, we need only advert
cient rule of the constitution, that elec- to its original principles; especially as
tion shall take place in every county by certain towns return their members to
men dwelling and residing in the same parliament from this ancient and pre-
county (in eodem comitatu commercentes scriptible right, which the corruption of
et residentes ;) and also by an Act of succeeding times has neither been able
Parliament still in force, of 1 Hen. V. c. to obliterate or alienate.

Should the plan for universal suffrage be adopted, the same system would be equally practicable, though on a more extended basis.

LEWES.

1. It is, therefore, an act of gross cor-
Tuption, and repugnant to the principle The borough of Lewes, in Sussex, is
of our ancient constitution, to bear the a monument of Saxon right, not mutilat-
travelling expences of voters who dwelled by resolutions of election committees
in distant places; such ought not to be or royal charters. It has sent members
suffered to vote at all, except on the spot to parliament, by right of prescription,
where they reside; by which not only from the earliest period to the present
much expence would be saved to the time, without intermission, having never
candidates, but breaches of the public accepted a charter, or grant of enfran
peace prevented.
chisement, from any king whatever. The
right of voting is in the housekeepers,
The number of houses in Great Britain and the returning officers are the con-
being, according to the house-tax, twelve stables, agreeable to the Saxon constitu-
hundred thousand, let these be divided tion; this prescriptive right the borough
into their ancient assemblies of ten, to be claims from the reign of King Athelstan;
denominated after their original term of and in the time of Edward the Confess-
tythings; each electing annually their or, it had one hundred and twenty-seven
conservator of the peace, or tythingman. burgesses. This also further proves, as
Let ten of these tithings form the hun- this town never had a corporation, that
dred court, agreeable to ancient usage, the term " burgess," must ever have
and elect annually their constable of the been understood to denominate a house-

PLAN OF REFORM.

holder, as no other description of burges ses was ever created or obtained existence in this free borough.

CROMWELL'S PARLIAMENT.

posing it to be the will of the people that their representatives should have it in their power to destroy those who made them, whenever a ministry shall think it He deprived all the small boroughs of necessary to screen themselves from their the right of election, places the most ex- just resentment. This, as a member of posed to influence and corruption. Of those days contended, would be to defour hundred members, which represent stroy the fence of all their freedom; for, ed England, two hundred and seventy if we have a right to continue ourselves were chosen by the counties. The re- one year, month, or day, beyond out mainder were elected by London, and triennial term, it will unavoidably follow, other considerable corporations. The we have it in our gower to make our lower populace, were excluded from the selves perpetual: to say that the passing elections, and an estate of two hundred this bill is not to grasp to ourselves the pounds value was necessary to entitle fight of election, but only to enlarge the any one to vote. The elections of the time of calling new parliaments, is a parliament of September, 1654, were manifest fallacy; for, whenever our three conducted with perfect freedom, and, ex- years are expired, we can no longer be cepting the exclusions of those who with said to exist by the choice of the people, their sons had carried arms against the but by our own appointments. The bill, parliament, a more fair representation of which originated in the house of peers, the people could not be desired or ex- and was brought in by the Duke of Depected. Thirty members were returned vonshire, was opposed with great enerfor ireland as many from Scotland. gy by several noblemen. A long parlia ment, it was affirmed, would encourage The ministry, probably resenting the every species of corruption in every class general discontent and disaffection of the of the community; that the value of a people to a government which hid from seat would bear a determinate proportion its own eyes the desire of vengeance, by to the legal duration of parliaments, and which it was actuated, under the veil of the purchase would, rise accordingly; patriotism and loyalty, now found, or that a long parliament would both enimagined, the necessity of adopting a hance the temptations, and multiply the measure for the preservation of public opportunities, of a vicious ministry, to safety, which has ever been considered undermine the integrity and independenas the highest and most unconstitutional cy of parliaments, far beyond what could exertion of parliamentary authority at- occur if they were short and frequent; tempted since the æra of the revolution. that the reasous urged for prolonging the And if we except the Act of Henry the duration of the parliament to seven years Eighth, declaring the proclamations of would be probably as strong, and, by the crown equal in validity to acts of perseverance in the same impolitic conparliament, and the Perpetuity Act of duct, might be made stronger before that Charles the First, it may not be too term, for continuing, and even perpetuamuch to affirm, since the first existence ting, their legislative power. of parliaments.

THE SEPTENNIAL ACT.

The bill, when transmitted to the Com.. This was no other than the introduc- mons, had still to encounter greater oppotion of the Septennial Bill in this session, sition. It was justly observed by Mr. by which parliament not only assumed a Shippen, that the manner in which the power of prolonging the duration of fu- bill was introduced, was, in itself, a suffiture parliaments, but even its own; and cient reason for its rejection. It was being elected by the nation for three sent from the lords, and as it related years, they continued themselves for merely to themselves, he apprehended it four years longer. The right of electing to be inconsistent with their honour to representatives in parliament is inviolate- receive it. Their predecessors had shewn ly inherent in the people, and can never a determination to resist all attempts to be thought to be delegated to the repre- innovate on their privileges, and sha!! sentatives, unless the elected becomes this glorious House of Commons submit the elector, and at the same time sup- to model themselves at the pleasure of

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