[10]. See List of Parliamentary Returns, vol. i., p. 487.
[11]. A trial in Aylesbury because some inhabitants brought a case against the revising barrister for refusing their vote, saying that “refusing to take the plaintiffs’ vote was an injury and damage.” (Jacob’s “Law Dictionary.”)
Another memorable instance is preserved for us in the Journals of the House of Commons itself.
I have found out so many curious, hitherto un-noted details about it, that I thought it advisable fully to illustrate the conditions of the case, so that it may not again be mistranslated, as it has so often been. On March 25th, 1628, there was a contested election for the Borough of Gatton. There were two indentures returned, one by the inhabitants of the borough, and the other by Mr. Copley. Though he returned Sir Thomas Lake, and Mr. Jerome Weston, “it was held not good that he should have returned alone.” The case was argued out before the Committee of privileges in the House of Commons, of which Glanvil, Hakewell, and Sir Edward Coke were members. Mr. Copley based his claim on returns made by Roger Copley, as the sole inhabitant in 33 Henry VIII.; and by Mr. Copley in 1 and 2 Phil. and Mary, 2 and 3 Phil. and Mary. “On the other part, in 7 Edward VI., Mrs. Copley et omnes inhabitantes returned. In 28º, 43º Eliz. 1º, 18º Jac., the return was made by the inhabitants, and in all later parliaments Mr. Copley joined with the other inhabitants.”
The Committee and the other members of the House decided that “Mrs. Copley and the other inhabitants” was the true and legal Precedent for the form of Return. And that is the last word Parliament has had to say upon a Woman-Elector. (See Commons Journal of date.) But the side-lights of the story are interesting. In the first place, the Commons Journal has a misprint of an “s” in two cases. Roger Copley died in 1550-1; and from the manuscript copies of the Commons Journal we may see that Mrs. Copley is entered as returning alone in 1 and 2 Philip and Mary, and 2 and 3 Philip and Mary. (See Lansdowne MS., 545.) Further, both the printed and the MS. copy are wrong about her title, as she was the Lady Elizabeth Copley, or “Elizabeth Copley Domina de Gatton.” This mistake shows that her own seal was affixed to the indenture with her Christian name, to which the Committee added “Mrs.” instead of “Lady.” Further, she must also have returned in 4 and 5 Philip and Mary, and must have returned her son.[[12]] On the 5th March young Copley of Gatton was committed to the sergeant for irreverent words spoken of Her Majesty, and on 7th March Parliament was prorogued till 5th November. (Commons Journal.) This receives further explanation in additional MS. 24, 278, collected by Sir Richard St. George Norroy:—“Sat., 5th March, 4 and 5 Philip and Mary. For that Mr. Copley, a member of this house, hath spoken irreverent words of the Queenes Majestie, concerning the Bill for confirmacion of pattents, saying that he feared the Queene might thereby give away the Crowne from the right inheritor, the house commanded, by Mr. Speaker, that Copley should absent himself until consultation more had thereof. And after consultation had and agreed to be a grievous fault, Copley was called in and required this House to consider his youth, and that if it be an offence it might be imputed to his young yeares. The House referred the offence by the Speaker to the Queene with a plea for mercy, and Mr. Copley committed to the custody of the Sergeant-at-arms. Monday, 7th March, Mr. Speaker declared that he had declared to the Queenes Majestie the matter touching Copley, wherein hir pleasure was that he should be examined whereof fresh matter did spring. Nevertheless, Her Majestie would well consider the request of the House in his favour. In the afternoon Parliament prorogued” (Commons Journal). “Elizabeth, the second wife and widow of Sir Roger Copley, daughter of Sir William Shelley, Justice of the Common Pleas, presented to the Church of Gatton in 1552, as did her son Thomas in 1562; but after that time, the family, being Roman Catholics, it was vested in trustees, 1571” (Manning and Bray’s “Surrey”). The troubles of the Copleys and Gatton arose from recusancy, not women’s elections. Elizabeth died in 1560, “seized of Gatton,” held of the Queen in fealty for 1d. rent, and 20s. castleguard to Dover Castle. (See “Inquisition Post-Mortem,” 29 April, 2 Eliz.) It must, therefore, have been settled on herself. The daughter of Sir William Shelley would surely be well advised of her legal rights, and, perhaps, her association of the other inhabitants with herself in her election of 7 Edward VI., arose from an appreciation of the tendency of popular opinion in favour of an inhabitant suffrage, instead of a freeholding one.
[12]. “Thomas Copley Armiger, Thomas Norton Armiger, Gatton.” Names supplied from the Crown Office in place of original returns. (Parliamentary Returns, vol. i., p. 398.)
In Harl. MS., 703, Burghley writes to the Sheriff of Surrey:—“Whereas there are to be returned by you against the Parliament two Burgesses for Gatton in that Countie of Surrey, which, heretofore, have been nominated by Mr. Coplie, for that there are no Burgesses in the Borough there to nominate them, for as much as by the death of the said Mr. Copley and minoritie of his sonne, the same which his lands are within the survey and rule of the Court of Wards, whereof I am her Majestie’s chiefe officer, you shall, therefore, forbeare to make returne of anie for the saide towne, without direction first had from me therein, whereof I praie you not to faile” (St. James, 13th Nov., 1584). Sir Thomas died abroad, 1584, aged 49, leaving William, his son and heir. Apparently Francis Bacon and Thomas Busshop had been nominated by Burghley; because the next letter preserved, dated 24th Nov., 1584, tells the Sheriff to appoint Edward Browne, Esq., in the place of Bacon, who had been returned for another borough. In 11th Sept., 1586, Walsingham instructs the Sheriff of Sussex to send up Mrs. Copley of Rossey to the charge of the Warden of the Fleet, and the two Gages, and they are to have no conference. Jan. 29th, 1595, Buckhurst writes to Sir Walter Covert and Harry Shelley, Esq., to apprehend “the Lady Copley and certaine other daungerous persons remayning with her as it is enformed, where very dangerous practizes are in hande” (Harl. 703, f. 87).
“The Queen, by reason of —— Copley, Esq, going beyond sea and not returning according to Parliament, presented Ralph Rand, M.A., to the Church of Gatton, 8th Feb., 1598.”
On 7th Feb., 1620, the House considered the return of Gatton in Surrey. One Smith, a burgess for that town, and a son of Mr. Copley appeared. Mr. Copley, lord of the town, a recusant convict, with six of his lessees, no freeholders, made their choice the Tuesday before; the freeholders made their choice, on the Wednesday, of Sir Thomas Gresham and Sir Thomas Bludder. The first return held void. Sir Henry Brittayne asked leave to speak; he said “the writ was directed Burgensibus, and delivered to Mr. Copley. The town was but of seven houses, all but one Copley’s tenants. That the election by them good not being freeholders. That all the freeholders, except one, dwelt out of the town, and only held of the manor in the town.” “Sir Edward Coke spoke against Copley’s return, and moved for a new election, in case of danger from Copley” (Commons Journal). (See also Lansd. MS., 545; Hakewell’s “Report of the Gatton Case.”)
This, therefore, makes the controversy comprehensible that, in 1628, was illustrated by the records.