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The leet-men, or tenants holding ten acres of land at a fixed rent, were not only destitute of political franchises, but were adscripts to the soil: "Under the jurisdiction of their lord, without appeal," and it was added: "all children of leet-men shall be leet-men, and so to all generations."
Franchises were supposed to belong to the subject, as a subject, and not as a member of the governing part of the state. I must assume that they are, and that those who partake the franchises which make it partake of a benefit.
He did not tell him that there was a certain amount of legislative pressure he hoped to bring to bear to get him franchises for extensions in the regions beyond where the lines now ended, in order that when the time came for them to extend their facilities they would have to see him or his sons, who might be large minority stockholders in these very concerns.
If this be law, why do we talk of liberties? why trouble ourselves with disputes about a constitution, franchises, property of goods, and the like? What may any man call his own, if not the liberty of his person? "I am weary of treading these ways; and therefore conclude to have a select committee, in order to frame a petition to his majesty for redress of these grievances.
Look about you, anywhere, and if you see graft, and bribery, and corruption, you'll find a bi-partisan machine controlling nominations and elections to municipal offices, and representing the few who consider themselves privileged to exploit the people by means of franchises in public utilities, etc.
Notwithstanding the precarious tenure of their existence, they all continued jealously to guard their exclusive privileges. In the oath of office taken by the Mayor of Dublin he is sworn to guard the city's franchises, so that no Irish rebel shall intrude upon the limits.
Innocent XI. resolving to remove this evil, published a bull, abolishing the franchises; and almost all the catholic powers of Europe acquiesced in what he had done, upon being duly informed of the grievance. Louis XIV. however, from a spirit of pride and insolence, refused to part with anything that looked like a prerogative of his crown.
But no lawyer, not even a court lawyer, in the reign of King James the Second, as far as appears, was found to say that, even by this high authority, he could infringe the franchises of the fellows of a college, and take away their livings. Mr. Hume gives the reason; it is, that such franchises were regarded, in a most emphatic sense, as private property.
Thus happily placed, it was supposed by the friends of the decaying cause of the Roman Catholic faith, that some determined example of courage and resolution, exercised where the franchises of the church were yet entire, and her jurisdiction undisputed, might awe the progress of the new opinions into activity; and, protected by the laws which still existed, and by the favour of the sovereign, might be the means of securing the territory which Rome yet preserved in Scotland, and perhaps of recovering that which she had lost.
The troubles of Edward's youth had made clear to him the obstacles thrown in the path of orderly government by the great territorial franchises. He had been forced to modify his policy to gratify the lord of Glamorgan, and win over the house of Mortimer by the erection of a new franchise that was a palatinate in all but name. But such great "regalities" were, after all, exceptional.
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