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.
[(66)] I do not know what was the exact state of Old Sarum in 1265 or in 1295, but earlier in the thirteenth century it was still the chief dwelling-place both of the Earl and of the Bishop. But in the reign of Edward the Third it had so greatly decayed that the stones of the Cathedral were used for the completion of the new one which had arisen in the plain.
[(67)] On the relations between Queen Elizabeth and her Parliaments, and especially for the bold bearing of the two Wentworths, Peter and Paul, see the fifth chapter of Hallam’s Constitutional History, largely grounded on the Journals of Sir Simonds D’Ewes. The frontispiece to D’Ewes’ book (London, 1682) gives a lively picture of a Parliament of those days.
[(68)] On the relations between the Crown and the House of Commons under James the First, see the sixth chapter of Hallam’s Constitutional History, and the fifth chapter of Gardner’s History of England from 1603 to 1616.
CHAPTER III.
[(1)] This was the famous motion made by Sir Robert Peel against the Ministry of Lord Melbourne, and carried by a majority of one, June 4, 1841. See May’s Constitutional History, i. 158. Irving’s Annals of our Times, 86.
[(2)] This of course leaves to the Ministry the power of appealing to the country by a dissolution of Parliament; but, if the new Parliament also declares against them, it is plain that they have nothing to do but to resign office. In the case of 1841 Lord Melbourne dissolved Parliament, and, on the meeting of the new Parliament, an amendment to the address was carried by a majority of ninety-one, August 28, 1841. The Ministry therefore resigned.
[(3)] This is well set forth by Sir John Fortescue, De Laudibus Legum Angliæ, cap. 36: “Neque Rex ibidem, per se aut ministros suos, tallegia, subsidia, aut quævis onera alia, imponit legiis suis, aut leges eorum mutat, vel novas condit, sine concessione vel assensu totius regni sui in parliamento suo expresso.”