(Archæologia, vol. xxxv., p. 472), which adds, “Similar customs were formerly practised in Sussex, and may be found in the Sussex Archæological Collections.”
We find another case in “Grant’s Treatise of the Law of Corporations,” p. 6.
“In general women cannot be corporators, although in some hospitals they may be so, and there is one instance in the books of a Corporation consisting of Brethren and Sisters and invested with municipal powers to a certain extent, in The Pontenarii of Maidenhead (vid Rep. 30). (Palmer’s “Cases,” p. 77, 17 Jac., B.R.) Quo Warranto vers Corporation de Maydenhead in Berkshire, pur claymer de certaine Franchises and Liberties, un Market, chescun Lundie, Pickage, Stallage, Toll, etc.” (Rot. Cor. 106.) They pleaded that the Bridge had been repaired by a Fraternitie, time out of mind, which was dissolved, and that the King by Letters Patent, on condition that they repaired the Bridge, granted them a market every Monday with all Liberties.... “Et le veritie fuit que Hen. 6 ad incorporate un Corporation la per nomen Gardianorum Fratrum et Sororum Pontenariorum, and concessit al eux and leur Successors quod ipsi and Successores sui haberent mercatum quolibet die lunae prout ante habuissent simul cum Tolneto, Pickagio, Stallagio, etc.” The opinion of three Judges were “que Toll fuit bien grant non obstant que le quantitie de Argent d’estre pay pur Toll pur chescun chose ne fuit expresse, Mes Montague Ch. Justice fuit cont. Mes que le Corporation enjoyera les Privileges non obstant cest action port.” In page 626 of Grant’s Treatise, we see “A Corporation Sole is a Body Politic having perpetual succession, and being constituted in a single person.... Corporations Sole are chiefly Ecclesiastical, one or two instances only of Lay Corporations Sole occurring in the Books.... The most important Corporation of this nature that claims attention is the King.... It is as a Body Corporate that the King is said to be immortal (Howell’s “State Trials,” 598).... A Queen Regnant is precisely and in the same way and to all intents a Corporation, and, indeed, there is nothing inconsistent with the principles of the old Law in this; it was everyday’s experience before the Reformation to find female subjects as Corporations Sole, as Lady Abbesses, etc., but since that era it is superfluous to observe, females cannot be invested with this description of incorporation, though, as we have seen, they may be Corporators of Hospitals, Railways, and other trading bodies.” (Note. See “Abbess of Brinham’s Case.” Yearbook, Ed. III., vol. xxiii.; 2 Rol. Abr. 348, l. 33; and Colt v. Bishop of Coventry, Hob. 148, 149.)
They could vote for Members of Parliament.—To their Municipal Rights were added, in the reign of Henry III., their Parliamentary Rights.
In 25 Edward II., De tallagio non concedendo, “It was there declared that no tallage or aid shall be levied by us, or by our heirs in the realm, without the goodwill and assent of ... Knights, Burgesses, and other Freemen of the Land.”
As women were Burgesses and Liberi Homines, the right was given to them as well as to men. Plowden (“Jura Anglorum,” p. 438) remarks that “the Knights of the Shire represented landed property, the Burgesses the interests of manufacture or trade”; as women could be Traders they were recognised as having the rights of Traders.
The qualifications of Electors in Boroughs were very far from uniform or certain, as may have been noted in the Gatton case.
In Bath the Franchise was limited to the Mayor and Corporation. Sometimes it was limited to freeholders, sometimes to freeholders resident, at other times to inhabitants, in other cases to inhabitants paying Scot and Lot.
In London the Franchise was exercised by all paying Scot or Lot.
In Newcastle-on-Tyne, the Parliamentary Franchise devolved on a Freeman’s widow, who could also carry on his business. (Brand’s “History and Antiquities of Newcastle,” vol. ii., p. 367.)