Note (65) — Chapter II

Both these forms of undue influence on the part of the Crown are set forth by Hallam, Constitutional History, i. 45, ii. 203. “It will not be pretended,” he says, “that the wretched villages, which corruption and perjury still hardly keep from famine [this was written before the Reform Bill, in 1827], were seats of commerce and industry in the sixteenth century. But the county of Cornwall was more immediately subject to a coercive influence, through the indefinite and oppressive jurisdiction of the stannary court. Similar motives, if we could discover the secrets of those governments, doubtless operated in most other cases.”

In the same page the historian, speaking of the different boroughs and counties which received the franchise in the sixteenth century, says, “It might be possible to trace the reason, why the county of Durham was passed over.” And he suggests, “The attachment of those northern parts to popery seems as likely as any other.” The reason for the omission of Durham was doubtless that the Bishoprick had not wholly lost the character of a separate principality. It was under Charles the Second that Durham city and county, as well as Newark, first sent members to Parliament. Durham was enfranchised by Act of Parliament, as Chester city and county—hitherto kept distinct as being a Palatinate—were by 34 & 35 Hen. VIII. c. 13. (Revised Statutes, i. 522.) Newark was enfranchised by a Royal Charter, the last case of that kind of exercise of the prerogative. Hallam, ii. 204.