{"id":183,"date":"2021-04-03T21:56:15","date_gmt":"2021-04-03T21:56:15","guid":{"rendered":"http:\/\/legalblog.ie\/?p=183"},"modified":"2021-04-03T21:56:15","modified_gmt":"2021-04-03T21:56:15","slug":"the-franchise","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/the-franchise\/","title":{"rendered":"The Franchise"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Pre-1832_Franchise\" title=\"Pre-1832 Franchise\">Pre-1832 Franchise<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Electoral_Reform\" title=\"Electoral Reform\">Electoral Reform<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Anti-Catholic_Laws\" title=\"Anti-Catholic Laws\">Anti-Catholic Laws<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Union_and_Failure_to_Deliver_Emanipation\" title=\"Union and Failure to Deliver Emanipation\">Union and Failure to Deliver Emanipation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Catholic_Emancipation\" title=\"Catholic Emancipation\">Catholic Emancipation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/the-franchise\/#Other_Denominations_and_Non-Christians\" title=\"Other Denominations and Non-Christians\">Other Denominations and Non-Christians<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Pre-1832_Franchise\"><\/span>Pre-1832 Franchise<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to the Reform Act of 1832, counties sent knights of the shire to Parliament.\u00a0 Many boroughs had ceased to return members. Numerous new boroughs had been created in the Tudor era to return members at the direction of the Crown.\u00a0 With the exception of two new boroughs created by Charles I, no new boroughs were created between the death of James I and the Reform Act of 1832.<\/p>\n<p>The 18<sup>th<\/sup> and early 19<sup>th<\/sup> century have seen enormous changes in the concentrations of populations in England.\u00a0 Large urban areas had grown up around Manchester, Birmingham, Leeds\u00a0 and Sheffield.\u00a0 Leith and Paisley in Scotland had no representation.\u00a0 London which had grown significantly, had no greater representation than at the start of the 17<sup>th<\/sup> century.<\/p>\n<p>10 southern counties with a population of 3.5 million returned 235 members but six northern counties with the same population returned 66.\u00a0 Lancashire with 1.3 million returned 14, while Cornwall with 300,000 returned 44 members.\u00a0 At start of 19<sup>th<\/sup> century more than half the members of Parliament were nominated by the aristocracy.\u00a0 Powerful individuals were returned by decayed towns with hardly any voters or villages with a handful of electors, usually obedient to a patron.\u00a0 245 were nominated by peers.\u00a0 Several Dukes and Lords nominated several members.<\/p>\n<p>Certain boroughs were saleable assets, allowing the holder to dispose of it to a party in return for cash, position or rank.\u00a0 Seats were purchased and sold to the highest bidder. \u00a0\u00a0Bribery and corruption were common \u00a0as votes and rights to nominate were bought and sold.<\/p>\n<p>In the English counties, \u00a0the 40 shilling freeholder had a vote.\u00a0 However, in many cases the 40 shilling freeholder&#8217;s vote was theoretical due to the influence of local magnets.\u00a0 Copyholders and leaseholders had no vote. In many cases, the state of the register of electors and franchise was chaotic and non-existent.<\/p>\n<p>Even in cases where electors voted, the influence of a local land magnet was such that few dared oppose his will.\u00a0 In one instance, all persons who had voted for a unfavorite candidate received notices to quit from the Duke of Newcastle in 1829.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Electoral_Reform\"><\/span>Electoral Reform<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Reform Act 1832 swept away borough franchises.\u00a0 The franchise was confined to the \u00a310 householder.\u00a0 County franchises was enlarged by allowing in leaseholders, copyholders in England and tenants with yearly value of \u00a350. 56 boroughs represented \u00a0by 111 members were entirely disfranchised.\u00a0 31 lost half their representation for.\u00a0 46 new boroughs and 61 new county members appeared.<\/p>\n<p>The effect of the Reform Act was to substantially weaken the power of the aristocracy and to increase the power of the middle classes.\u00a0 Votes \u00a0were capable of corrupt purchase and sale, but the possibilities were significantly lessened after the Reform Act. Most members of the House of Commons were elected by 10 pound householders. The 1884 Reform Act assimilated the county and borough franchise covering both the \u00a310 pound occupier of lands and houses and incorporated franchise for \u00a310 pound unfurnished lodger.<\/p>\n<p>The 1885 Redistribution Act sought to equalise electoral areas on the basis of approximately one member for 54,000 people in England and Wales.\u00a0 By the end of 19<sup>th<\/sup> century, a vote came to be regarded less as something to be sold but as a trust to be exercised.<\/p>\n<p>The Ballot Act 1872 provided for secret ballot. The Corrupt Practices 1883 outlawed violence, threats, abductions or devices or coutrivaiice attacking freedom of the vote.\u00a0 The1895 Act further outlawed certain false defamation regarding the character and conduct of opposing candidate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Anti-Catholic_Laws\"><\/span>Anti-Catholic Laws<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 1700, strong anti-Catholic laws were passed.\u00a0 Roman Catholics could not inherit or purchase land unless they abjured religion on oath.\u00a0 They could not send their children abroad to be educated.\u00a0 The 1700 Act was largely repealed in 1778.\u00a0 This allowed open practising of the Roman Catholic religion and Roman Catholics were allowed to inherit and purchase real estate.\u00a0 This applied only in England but not Scotland where reforms did not follow until 1793, after the loss of American colonies, in 1781.<\/p>\n<p>Following legislation of the Irish Parliament in 1790s, wide emancipation for Catholics was opened.\u00a0 This included ability to buy, sell and inherit land, keeping a horse, joining the bar, marrying a protestant, various disabilities and penalties and incapacities were removed.\u00a0 The vote was granted, and he could hold civil or military office under the Crown.\u00a0 He could not however sit in parliament and the highest offices of State were still denied.<\/p>\n<p>After the Act of Union, Catholics enjoyed a higher level of emancipation in Ireland than \u00a0in England and Wales.\u00a0 In England and Wales, there still could not be justice of the peace, vote in parliamentary elections, serve in corporations or go to universities.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Union_and_Failure_to_Deliver_Emanipation\"><\/span>Union and Failure to Deliver Emanipation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act of Union had been carried with the support of Irish Catholics who had obtained an understanding of the government that there would be complete removal of remaining disability.\u00a0 However, King George III decided he could not support this measure without violating his coronation oath.\u00a0 The Prime Minister Pitt resigned in protest.\u00a0 The Act of Union went through without the promised emancipation.<\/p>\n<p>Several measures passed the House of Commons but not the House of Lords.\u00a0 In the period 1812 to 1828 Ireland was in a long state of agrarian distress. Animosity between Orangemen and Ribbonmen brought \u00a0Ireland to almost perpetual state of insurrection.\u00a0 Daniel O&#8217;Connell won a by-election in Clare over Vesey Fitzgerald, President of the Board of Trade who was a consistent supporter of Catholic relief.\u00a0 The Relief Act was passed on 13 April 1829.\u00a0 The remaining penal laws were removed in 1844 and 1846.<\/p>\n<p>In many cases, dissenter had held offices for which we were technical ineligible for but later obtained acts of indemnity.\u00a0 This was accepted as preferable to allowing RC relief.\u00a0 An annual Indemnity Act was passed.<\/p>\n<p>&nbsp;<\/p>\n<p>In 1827 the Test and Corporation Acts were repealed and replaced with a much lighter declaration against injuring or separating the established church.\u00a0 The wording still excluded Jews and non-Christians.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Catholic_Emancipation\"><\/span>Catholic Emancipation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Catholic Emancipation Act 1829 finally opened membership of the House of Commons and Lords to both Roman Catholics on taking of an oath which was inoffensive to them.\u00a0 Roman Catholics could also be admitted to all corporate and judicial offices except those involving the ecclesiastical court and all civil and political offices except those of the Regent, Lord Chancellor in England and Ireland and Lord Lieutenant of Ireland.<\/p>\n<p>In 1828, the Corporation Act 1661 and the Test Act 1673 had been repealed in the relief of dissenters.\u00a0 The Test Act had been passed in 1673 providing that all holding offices of trust, civil or military should publicly receive the sacrament according to the Church of England, take the oath of supremacy and subscribe a declaration against transubstantiation.\u00a0 The Parliamentary Test Act 1678 provided that no peer or member of the House of Common should sit or vote without taking the oath of allegiance and supremacy and making a declaration against transubstantiation, adoration of the Virgin and sacrifice of the Mass.<\/p>\n<p>Following the alliance of Anglicans and non-conformists to drive King James II from power, dissenters were rewarded with a Toleration Act, which relieved but did not remove laws of which dissenters complained.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Denominations_and_Non-Christians\"><\/span>Other Denominations and Non-Christians<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 1833, Quakers, Moravians, and Separatists who rejected the taking an oath in any form were permitted to substitute an affirmation on taking seat in Parliament.<\/p>\n<p>Jews were still subject to substantial disabilities.\u00a0 Some had been admitted to office under cover of annual Indemnity Act.\u00a0 No more Indemnity Acts were forthcoming after the 1820s.Jews were permitted to enter corporations and in 1858 by reform of the oath, Jews were permitted to enter Parliament.\u00a0 The position was not formalised until it 1866.<\/p>\n<p>Parliament still remained open, only to those \u00a0who were willing to swear an oath.\u00a0 Following a series of challenges, the Oaths Act 1888 allowed affirmation to be a substitution for oath in any case.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-183\" data-postid=\"183\" class=\"themify_builder_content themify_builder_content-183 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Pre-1832 Franchise Prior to the Reform Act of 1832, counties sent knights of the shire to Parliament.\u00a0 Many boroughs had ceased to return members. Numerous new boroughs had been created in the Tudor era to return members at the direction of the Crown.\u00a0 With the exception of two new boroughs created by Charles I, no [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[32],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/183"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=183"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/183\/revisions"}],"predecessor-version":[{"id":184,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/183\/revisions\/184"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}