The necessity of parliaments with seasonable directions for the more regular election of parliament-men : to which is added The bill for regulating elections of members to serve in Parliament, as it was read and committed by the House of Commons in the year 1679 ... / by a true Protestant, and English man.

THE NECESSITY OF PARLIAMENTS , &c.

THat our approaching Parliament may be more successful for our Relief , before it be too late ; by being permitted to sit to redress our Grievances , and to perfect those good Designs , now in view , on the Coming in of the Illustrious Prince of Orange , to settle , and save us , these following Common-Law-Maxims , respecting King and Parliament , and the Common and Statute-Laws themselves ( to prevent unnatural Disappointments , and Mischiefs ) providing for the Sitting of Parliaments , till Grievances be redress'd , and publick Safety secured and provided for , are tender'd to Consideration .

Some known Maxims , taken out of the Law-Books .

1. Respecting the King .

That the Kings of England can do nothing , as Kings , but what of Right they ought to do .

That the King can do no Wrong , nor can he die .

That the King's Prerogative , and the Subjects Liberty are determined by Law .

That the King hath no Power , but what the Law gives him .

That the King is so called , from ruling well ; Rex à bene regendo , [ viz. according to Law ; ] Because he is a King whilst he rules well , but a Tyrant when he oppresseth .

That Kings of England never appear more in their Glory , Splendour , and Majestick Sovereignty , than in Parliaments .

That the Prerogative of the King cannot do Wrong , nor be a Warrant to do Wrong to any . Plowd . Comment . fol. 246.

2. Respecting the Parliament .

That Parliaments constitute , and are laid in the Essence of the Government .

That a Parliament is that to the Commonwealth , which the Soul is to the Body ; which is only able to apprehend and understand the Symptoms of all Diseases which threaten the Body Politick .

That a Parliament is the Bulwark of our Liberty ; the Boundary which keeps us from the Inundation of Tyranical Power , Arbitrary , and Unbounded Will-Government .

That Parliaments do make new , and abrogate old Laws , reform Grievances in the Commonwealth , settle the Succession , grant Subsidies ; and , in summ , may be called the great Physician of the Kingdom .

From whence it appears , and is self-evident , if Parliaments are so absolutely necessary in this our Constitution , that they must then have their certain stationary times of Session and Continuance , for providing Laws essentially necessary for the Being , as well as the Well-Being of the People ; and redressing all publick Grievances , either by the want of Laws , or of the undue Execution of them in being , or otherwise . And suitable hereunto are those Provisions made by the Wisdom of our Ancestors , as recorded by them , both in the Common , and Statute-Law .

First , What we find hereof in the Common Law .

The Common Law ( saith my Lord Coke ) is that which is founded in the immutable Law , and Light of Nature , Coke , lib . 7 Rep. p. 12 , 13. agreeable to the Law of God ; requiring Order , Government , Subjection and Protection , &c. containing ancient Usages , warranted by holy Scripture : And because it is generally given to all , it is therefore called Common .

And he further saith , Lib . 9. Preface . That in the Book called The Mirror of Justice , appeareth the whole Frame of the ancient Common Laws of this Realm , from the time of King Arthur , 516. till near the Conquest ; which treats also of the Officers , as well as the Diversity and Distinction of the Courts of Justice ( which are Officinae Legis ; ) and particularly , of the High Court of Parliament , by the Name of Council-General , or Parliament ; so called , from Parler-la-ment , speaking judicially his Mind : And , amongst others , gives us the following Law of King Alfred , who reigned about 880.

Le Roy Alfred ordeigna pur Usage perpetuel que a deux foits per l'An ou plus sovene pur mistier in temps de Peace , Mirror of Justice , ch . 1. Sect . 3. se assembler a Londres , pur Parliamenter surle Guidement del People de Dieu , coment gents soy garderent de Pechers , viverent in quiet , receiverent droit per certain Usages , & saints Judgments .

King Alfred ordaineth for an Usage perpetual , that twice a Year , or oftner if need be , in time of Peace , they shall assemble themselves at London , to treat in Parliament , of the Government of the People of God , how they should keep themselves from Offences , should live in quiet , and should receive Right by certain Laws , and holy Judgments .

And thus ( saith my Lord Coke ) you have a Statute of King Alfred , Lord Coke's Comment upon it . as well concerning the holding of this Court of Parliament twice every Year at the City of London , as to manifest the three-fold End of this great and honourable Assembly of Estates . As ,

First , That the Subject might be kept from offending ; that is , that Offences might be prevented , both by good and provident Laws , and by the due Execution thereof .

Secondly , That Men might live safely , and in quiet .

Thirdly , That all Men might receive Justice by certain Laws , and holy Judgments ; that is , to the end that Justice might be the better administred , that Questions and Defects in Laws might be by the High Court of Parliament plained , reduced to Certainty , and adjudged .

And he further tells us , That this Court being the most supream Court of this Realm , it is a part of the Frame of of the Common Laws ; and , in some Cases , doth proceed legally , according to the ordinary Course of the Common Law ; as it appeareth , 39 E. 3. f . Coke Inst. ch. 29. fel . 5.

To be short , Of this Court it is truly said , Si Vetestatem spectes , est antiquissima ; si Dignitatem , est honoratissima ; si Jurisdictionem , est capacissima . If you regard Antiquity , it is the most ancient ; if Dignity , the most honourable ; if Jurisdiction , the most sovereign .

And where Question hath been made , whether this Court continued during the Heptarchy , let the Records themselves make answer ; of which he gives divers Instances in the times of King Ine , Offa and Ethelbert . After the Heptarchy , King Edward , Son of Alfred , King Ethelston , Edgar , Ethelred , Edmond and Canutus . All which ( he saith ) and many more , are extant , and publickly known ; proving by divers Arguments , that there were Parliaments , unto which the Knights and Burgesses were summoned , both before , in , and after the Reign of the Conqueror , till Henry the Third's Time . And for your further Satisfaction herein , see 4 E. 3.25.49 E. 3.22 , 23. 11 H. 4.2 . Littl . lib . 2. c . 10.

Whereby we may understand ,

1. That Parliaments are part of the Frame of the Common Law , [ which is laid in the Law and Light of Nature , Right Reason , and Scripture ]

2. That , according to this Law of Equity and Righteousness , Parliaments ought frequently to meet , for the common Peace , Safety and Benefit of the People , and Support of the Government .

3. That Parliaments have been all along esteemed an essential part of the Government , as being the most ancient , honourable and sovereign Court in the Nation ; who are frequently to sit , for the making and abolishing Laws , redressing of Grievances , and seeing to the due Administration of Justice .

4. That , as to the Place of Meeting , it was to be at London , the Capital City , the Eye and Heart of the Nation ; as being not only the Regal Seat , but the principal place of Judicature , and Residence of the chief Officers , and Courts of Justice , where also the Records are kept , as well as the principal place of Commerce and Concourse in the Nation ; and to which the People may have the best Recourse , and where they may find the best Accommodation .

5. The Antiquity of Parliaments in this Nation , which have been so ancient , that no Record can give any Account of their Beginning , my Lord Coke thus tracing them from the Britains , through the Saxons , Danes and Normans , to our Days .

So that , Not to suffer Parliaments to sit , to answer the great Ends for which they were instituted , is expresly contrary to the Common Law ; and so consequently of the Law of God , as well as the Law of Nature ; and thereby Violence is offered to the Government it self , and Infringment of the Peoples fundamental Rights and Liberties .

Secondly , What we find hereof in the Statute-Law .

The Statute-Laws are Acts of Parliament ; some whereof are declarative of the Common Law , the rest are the positive Rule , which ( as you have heard ) is founded upon right Reason and Scripture ; for we are told , That if any thing is enacted contrary thereto , it is void and null : As Coke Inst. lib . 2. cap . 29. fol. 15. Finch , pag . 3. 28 H. 8. cap . 27.

The first of these Statutes , which require the frequent Meeting and Sitting of Parliaments , agreeable to the Common Law , we find to be in the time of Edward the Third ; viz. 4 E. 3. & cap . 14. in these Words :

Item , It is accorded , that a Parliament shall be holden every Year once , or more often if need be .

The next is , in the Thirty sixth Year of the same King Edward the Third , cap . 10. viz.

Item , For the Maintenance of the said Articles and Statutes , and redressing of divers Mischiefs and Grievances which daily happen , a Parliament shall be holden every Year , as at another time was ordained by a Statute , viz. the aforementioned , in his fourth Year .

And agreeable hereto are those Statutes upon the Rolls , viz. 5 E. 2. & 1 R. 2. No. 95.

By which Statutes it appeareth , that Parliaments ought annually to meet , to support the Government , and to redress the Grievances which may happen in the Interval of Parliaments ; that being the great End proposed in their said Meetings .

Now , For Parliaments to meet annually , and not suffered to sit to answer the Ends , but to be prorogued or dissolved before they have finished their Work , would be nothing but a deluding the Law , and a striking at the Foundation of the Government it self , and rendering Parliaments altogether useless : For it would be all one to have no Parliaments at all , as to have them turn'd off by the Prince , before they have done that they were called and intrusted to do : For , by the same Rule whereby they may be so turn'd off one Session , they may be three Sessions , and so to threescore , to the breaking of the Government , and introducing Arbitrary Power . To prevent such intollerable Mischiefs and Inconveniences , are such good Laws as these made in this King's time , and which were so sacredly observed in after times , that it was a Custom , especially in the Reigns of Henry the Fourth , Henry the Fifth , and Henry the Sixth , to have a Proclamation made in Westminster-Hall , before the End of every Session , An honest and necessary Proclamation to be made every Parliament . That all those who had any Matter to present to the Parliament , should bring it in before such a Day ; for otherwise , the Parliament at that Day should determine .

Whereby it appears , the People were not to be eluded nor disappointed by surprizing Prorogations and Dissolutions , to frustrate , and make void the great Ends of Parliaments .

And to this purpose saith a late learned Author , That if there was no Statute , or any thing upon Record , extant , concerning the Parliaments sitting to redress Grievances , yet that I must believe that it is so by the fundamental Law of the Government , which must be lame and imperfect without it : [ For otherwise , the Prince and his Ministers may do what they please , and their Wills may be their Laws . ]

Therefore it is provided for in the very Essence and Constitution of the Government it self ; and this ( saith our Author ) we may call the Common Law , which is of as much value ( if not more ) than any Statute ; and of which , all our good Acts of Parliament , and Magna Charta it self , is but declaratory . So that though the King is intrusted with the formal part of summoning and pronouncing the Dissolution of Parliaments , which is done by Writ , yet the Laws which oblige him ( as well as us ) have determined how , and when he shall do it ; which is enough to shew , that the King's Share in the Soveraignty , that is , in the Parliament , is cut out to him by Law , and not left to his disposal .

The next Statute we shall mention , 25 Ed. 3. cap . 23. Statute of Provisors . to inforce this fundamental Right and Privilege , is the 25th of Ed. 3. chap. 23. called The Statute of Provisors ; which was made to prevent and cut off the Incroachments of the Bishops of Rome , whose Usurpations in disposing of Benefices occasioned intollerable Grievances ; wherein , in the Preamble of the said Statute , it is expressed as followeth .

Whereupon the Commons have prayed our said Soveraign Lord the King , that sith the Right of the Crown of England , and the Law of the said Realm is such , that upon the Mischiefs and Dammage which happeneth to his Realm , he ought , and is bounden , of the Accord of his said People , in his Parliament , thereof to make Remedy and Law , in avoiding the Mischiefs and Damage which thereof cometh ; that it may please him thereupon to provide Remedy . Our Soveraign Lord the King seeing the Mischiefs and Damage before-named , and having regard to the said Statute , made in the time of his said Grandfather , and to the Causes contained in the same ; which Statute holdeth always its force , and was never defeated or annulled in any Point ; and by so much is bound by his Oath to do the same , to be kept as the Law of this Realm , though that by Sufferance and Negligence it hath since been attempted to the contrary : And also having regard to the grievous Complaints made to him by his People , in divers Parliaments holden heretofore , willing to ordain Remedy for the great Dammages and Mischiefs which have happened , and daily do happen by the said Cause , &c. By the Assent of all the great Men , and Commonalty of his said Realm , hath ordained and established , &c.

In which Preamble of the Statute we may observe ,

1. The intollerable Grievance and Burthen , which was occasioned by the illegal Incroachments of the See of Rome .

2. The many Complaints the People had made , who , in those-dark Times , under Popery , were sensible of , groaning under those Burthens .

3. The Endeavours used in vain by former Parliaments , to redress the same , and to bring their Laws in being , to have their force and effect .

4. The Acknowledgment of the King and Parliament , that the Obligation hereto was upon the King ,

1. From the Right of the Crown , which obliged every King to pass good Laws .

2. The Statute in force .

3. The King's Oath to keep the old , and pass new Laws , for his People's safe-guard , which they should tender to him .

4. From the Sense of the People , expressed in their Complaints . And

5. From the Mischief and Damage which would otherwise ensue .

And therefore , by the Desire and Accord of his People , he passeth this famous Law , the Preamble whereof is here recited .

Another Statute to the same purpose you find in 2 Ric . 2. No. 28.

Also the Commons in Parliament pray , that forasmuch as Petitions and Bills , presented in Parliament by divers of the Commons , could not heretofore have their respective Answers ; That therefore both their Petitions and Bills in this present Parliament , as also others which shall be presented in any future Parliament , may have a good and gracious Answer and Remedy ordained thereupon before the departing of every Parliament : And that to this purpose , a due Statute be ensealed [ or enacted ] at this present Parliament , to be and and remain in force for all Times to come .

The King's Answer .

THE King is pleas●d , that all such Petitions delivered in Parliament , of Things ( or Matters ) which cannot otherwise be determined , a good and reasonable Answer shall be made , and given , before the Departure of Parliament .

In which excellent Law we may observe ,

1. A Complaint of former Remisness ; their Bills having aforetime been pass'd by , their Grievances unredressed , by unseasonable dissolving of Parliaments before their Laws could pass .

2. That a Law might pass in that very Parliament , to rectifie that Abuse for the future . And

3. That it should not pass for a temporary Law , but for Perpetuity ; being of such absolute Necessity , that before the Parliaments be dismissed , Bills of common Right might pass .

And the King agreed hereto .

Suitable hereto we have my Lord Chief Justice Coke , that great Oracle of the Law , in his Inst. 4. B. p. 11. asserting , Petitions being truly preferr'd ( though very many ) have been answered by the Law , and Custom of Parliament , before the End of Parliament .

This appears ( saith he ) by the ancient Treatise , De Modo tenendi Parliamentum , in these Words , faithfully translated ; The Parliament ought not to be ended , while any Petition dependeth undiscussed ; or , at the least , to which a determinate Answer is not made , Rot . Par. 17 E. 3. No. 60. 25 E. 3. No. 60. 50 E. 3. No. 212. 2 R. 2. No. 134. 2 R. 2. No. 38. 1 H. 4. No. 132. 2 H. 4. No. 325. 113.

And that one of the principal Ends of calling Parliaments is , for redressing of Grievances that daily happen , 36 E. 3. cap . 10. 18 E. 3. cap . 14. 50 E. 3. No. 17. Lyon's Case , Rot . Par. 1 H. 5. No. 17. 13 H. 4. No. 9.

And that , as concerning the departing of Parliaments , It ought to be in such a manner ( faith Modus tenendi , ) viz. To be demanded , yea , and publickly proclaimed in the Parliament , and within the Palace of the Parliament , whether there be any that hath delivered a Petition to the Parliament , and hath not received Answer thereto : If there be none such , it is to be supposed that every one is satisfied , or else answered unto at the least , so far forth , as by the Law he may be . And which Custom was observed in After-Ages , as you have heard before .

Concerning the Antiquity and Authority of this ancient Treatise , called Modus tenendi Parliamentum ( saith my Lord Coke ) whereof we make often use in our Institutes , certain it is , that this Modus was rebearsed and declared before the Conqueror , at the time of his Conquest , and by him approved for England : And accordingly , he , according to Modus , held a Parliament for England ; as appears by 21 E. 3. fol. 60.

Whereby you clearly perceive , that these wholsome Laws are not only in full Agreement with the Common Law , and declarative thereof ; but in full accord with the Oath and Office of the Prince , who hath that great Trust by the Law lodged with him for the Good and Benefit , not Hurt and Mischief of the People , viz.

First , These Laws are very suitable to the Office and Duty of a Ruler , and the End for which he was instituted by God himself , who commands him to do Judgment and Justice to all , especially to the Oppressed ; and not to deny them any Request for their Relief , Protection , or Welfare , 2 Sam . 22.3 . 1 Chron . 13.1 , to 5.2 Chron . 9.18 , 19 , 5 , &c. Est. 1.13 . our Law-books injoining the same ; as Bracton , lib . 1. cap . 2. Lib . 3. cap . 9. fol. 107. &c. Fortescue , cap . 9. fol. 15. cap . 7. fol. 5.11 . Coke 7. Book of Reports . Calvin's Case , fol. 11.

Secondly , They are also in full Harmony with the King's Coronation-Oath , solemnly made to all his Subjects , viz. To grant , fulfil and defend all rightful Laws which the Commons of the Realm shall chuse , and to strengthen and maintain them after his Power .

Thirdly , These Laws are also in full Agreement and Oneness with Magna Charta it self , that ancient fundamental Law , which hath been confirmed by at least forty Parliaments , viz. We shall deny , we shall defer to no Man Justice and Right ; much less to the whole Parliament and Kingdom , in denying , or deferring to pass such necessary Bills which the Peoples Needs call for .

Object . But to all this which hath been said , it may be objected , That several of our Princes have otherwise practised , by dissolving or ( as laterly used , by ) proroguing Parliaments at their pleasures , before Grievances were redressed , and publick Bills of common Safety passed ; and that as a Privilege belonging to the Royal Prerogative .

Answ . To which it is answered , That granting they have so done ; First , it is most manifest , that doth not therefore create a Right to them so to do , according to that known Maxim , A facto ad jus non valet Consequentia ; especially , when such Actions are against so many express and positive Laws , such Principles of Common Right and Justice , and so many particular Ties and Obligations upon themselves to the contrary .

Secondly , But if it had been so , yet neither can Prerogative be pleaded , to justifie such Practices , because the King hath no Prerogative , but what the Law gives him ; and it can give none to destroy it self , and those it protects ; but the contrary . Bracton , in his Comments , pag . 487. tells us , Bracton , p. 487. That although the Common Law doth allow many Prerogatives to the King , yet it doth not allow any , that he shall wrong or hurt any by his Prerogative .

Therefore it is well said by a late worthy Author upon this Point , That what Power or Prerogative the Kings have in them , ought to be used according to the true and genuine Intent of the Government ; that is , for the Preservation and Interest of the People : And not for the disappointing the Counsels of a Parliament , towards reforming Greivances , and making provision for the future Execution of the Laws . And whenever it is applied to frustrate those Ends , it is a Violation of Right , and an Infringment of the King's Coronation-Oath , who is obliged to pass or confirm those Laws his People shall chuse . And though he had such a Prerogative by Law , yet it should not be so used , especially in time of imminent Danger and Distress .

King Charles the First , in his Advice to His Late Majesty , in his {αβγδ} , p. 239. tells him , K. Ch. I. his Advice to His late Majesty . That his Prerogative is best shewed , and exercised , in remitting , rather than exacting the Rigour of the Laws ; there being nothing worse than legal Tyranny .

Nor would he have him entertain any Aversion , or Dislike of Parliaments ; which in their right Constitution , with Freedom and Honour ; will never injure or diminish his Greatness ; but will rather be as Interchangings of Love , Loyalty and Confidence between a Prince and his People .

It is true , some Flatterers and Traytors have presumed in defiande to their Countries Rights , to assert , that such a boundless Prerogative belongs to Kings : As did Chief Justice Trisilian , &c. in Richard the Second's time ; advising him , That he might dissolve Parliaments at pleasure ; and , That no Member should be called to Parliament , nor any Act passed in either House , without his Approbation in the first place ; and , That whoever advised otherwise were Traytors . But this Advice , you read , was no less fatal to himself , than pernicious to his Prince , Baker's Chron . p. 147 , 148 , and 159.

King James the First , in his Speech to the Parliament , Anno 1609. gives them Assurance , That he never meant to govern by any Law , but the Law of the Land ; though it be disputed among them , as if he had an Intention to alter the Law , and govern by the Absolute Power of a King . But to put them out of doubt in that matter , he tells them , That all Kings , who are not Tyrants , or perjured , will bound themselves within the Limits of their Laws : And they that perswade the contrary , are Vipers and Pests , both against them , and the Commonwealth , Wilson . K. J. p. 46.

The Conclusion .

1. IF this be so , that by so great Authority ( viz. so many Statutes in force , the Fundamentals of the Common Law , the Essentials of the Government it self , Magna Charta , the King's Coronation-Oath , so many Laws of God and Man ; ) the Parliament ought to sit , to redress Grievances , and provide for common Safety , especially in Times of common Danger . ( And that this is eminently so , who can doubt , that will believe his own Sense , and the Experience of the manifold Mischiefs which have been acted , and the apparent Ruin and Confusion that impends the Nation , by the restless Attempts of a bloody Interest , if speedy Remedy is not applied ? ) Then let it be query'd , whether , the People having had thus the Knife at the Throat , Cities and Habitations fired , and therein their Persons fried , Invasions and Insurrections threatned to destroy our Government and fundamental Laws and Properties ; nay , our Religion it self ; they are not therefore justified in their important Cries , in their many humble Petitions to their King , fervent Addresses , earnest Claims for this their Birth-right here pleaded , which the Laws of the Kingdom , consonant to the Laws of God and Nature , has given them ?

2. If so , What then shall be said to those who have advised to this high Violation of their Countries Rights , to the infringing so many just Laws , and exposing the Publick to those desperate Hazards , if not a total Ruin and Subversion of these Nations ?

If King Alfred ( as Andrew Horne , in his Mirror of Justice , tells us ) hanged Darling , Segnor , Cadwine , Cole , and forty Judges more , for judging contrary to Law ; and yet all those false Judgments were but in particular and private Cases ; What Death do those Men deserve , who offer this Violence to the Law it self , and all the sacred Rights of their Country ?

If the Lord Chief Justice Thorpe , in Edward the Third's time , for receiving the Bribery of one hundred Pounds , was adjudged to be hanged , as one that had made the King break his Oath to the People ; How much more guilty are they of making the King break his Coronation-Oath , that perswade him to act against all the Laws for holding Parliaments , and passing Laws therein , which he is so solemnly sworn to do ?

And if the Lord Chief Justice Tresillian was hanged , drawn and quarter'd , for advising the King to act contrary to some Statutes only ; What do those deserve , that advise the King to act , not only against some , but against all these ancient Laws and Statutes of the Realm ?

And if Blake , the King's Council , but for assisting in the Matter , and drawing up Indictments by the King's Command , contrary to Law , though it is likely he might plead the King's Order for it ; yet , if he was hang'd , drawn and quarter'd for that , what Justice is due to them that assist in the total Destruction of all the Laws of the Nation , and , as much as in them lies , their King and Country too ?

And if Usk , the Under-Sheriff , ( whose Office it is to execute the Laws ) for but endeavouring to aid Tresillian , Blake , and their Accomplices , against some of the Laws , was also , with five more , hang'd , drawn and quarter'd ; what Punishment may they deserve , that aid and endeavour the Subversion of all the Laws of the Kingdom ?

And if Empson and Dudley , in Henry the Eighth's time , though two of the King's Privy Council , were hang'd for procuring and executing an Act of Parliament , contrary to the fundamental Laws of the Kingdom , and to the great Vexation of the People ; so that , though they had an Act of Parliament on their side , yet that Act being against the known Laws of the Land , were hang'd as Traytors , for putting that Statute in Execution ; then what shall become of those who have no such Act to shelter themselves under ; and who shall act , not only contrary to , but to the Destruction of the fundamental Laws of the Kingdom ?

And how harmonious such Justice will be , the Text tells us , Deut . 27.17 . Cursed be he that removeth his Neighbour's Land-Mark : And all the People shall say , Amen .

That this next Parliament may have an happy Entrance and Issue , to answer the great Ends of Parliaments , and therein our present Exigences and Necessities , is the incessant Cry , and longing Expectation of all the Protestants in the Land .

The Directions now follow .

AFter such a Crisis of Time as this , wherein both our Civil Liberties and Religion have been at stake , and and must always certainly stand or fall together , I thought I could not do a greater Service to the Publick , than to offer some Remedies , which might prevent the fatal Consequences of undue Elections , and Returns ; especially , since the great Design of the Adversaries of our Religion , upon which they lay their whole Stress , and have used their utmost Efforts , for these two or three Years last past , appears to be , the framing of such a Parliament , as might make way for the Change of our Religion : To compass which , they have used such unheard of Methods , and practised such open Violations upon the Rights and Freedoms of Parliaments , and Elections , as no Age can parallel , without any Colour of Law , or Precedent .

For the Demonstration of which , it shall suffice to give these few Instances .

Not to insist upon the Quo Warranto's brought , and Judgments given thereupon , against the Charter of London , and other places , at the latter end of the late King's Time ; with the Methods taken to procure Surrenders from Cities and Corporations ; with the exorbitant Fines , imposed upon the Rioters of London , at the Election , and the framing of Courts , Juries and Sheriffs to this purpose : Which yet had been done in the Forms , and under the Countenance of Law ; and therefore are only fit for the Consideration of a Parliament ; together with that Proviso introduced into all the New Charters , wholly inconsistent with the nature of a Corporation , wherein every Man hath a Free-hold , and the Corporation it self a Perpetuity of an Inheritance ; and which manifestly subverts all the Right and Freedom of Elections , not only of the Members of the Corporation , but of their Representatives in Parliament , and have not yet the Countenance of one Precedent or Judgment of any Court ; and therefore it is hoped , will be declared illegal , and void , by the next succeeding Parliament .

All which Matters have been strangely improved and extended by the Ministers , in the Reign of His Present Majesty , as might be easily demonstrated ; but I shall only fix upon such as have been lately practised , which come within the former Rule , Of being without the Colour of Law , or Precedent .

First , First , and before all , That Method of Testing all the Officers in the Kingdom , from the highest , to the lowest , with these three Questions ; and turning out all such as refused to comply .

1. Whether , if they were chosen to be Members of Parliament , they would give their Voice to repeal the Penal Laws and Test ? Directly opposite to the Right and Freedom of Parliaments , and the Duty of the Members thereof .

2. Whether they would give their Voices to elect such as would repeal the Penal Laws and Test ? In Subsersion of the Right of Election , and Freedom of Members .

3. Whether they would stand by the King's Declaration ? Wherein the King assumes to himself , to suspend all these Laws , without Limitation of Time or Persons .

Secondly , The under-hand imposing upon the Clergy , to address for , and then publickly , by Order , to read the Declaration ; and the Proceeding against the Bishops , for not concurring therein ; and against the Body of the Clergy , that refused to comply therewith .

Thirdly , The Testing the Corporations , by Addresses , or otherwise , to promise to elect such Members as should be for Taking off the Penal Laws and Test , when the King should please to call a Parliament ; and the Turning out all such , from time to time , as refused .

Fourthly , The Imposing Charters upon several Burroughs in Cornwal and Devon , and elsewhere , before the Election of the last Parliament , without Petition ; and taking away the Right of Election from the Generality , and restraining it to a few ; which hath also been endeavoured upon other Burroughs since .

Fifthly , Procuring an Order to be enter'd in most of the Cinque-Ports , that the King should have the Nomination of one Member .

Sixthly , Appointing a Committee , or Commission , consisting , for the most part , of Roman Catholicks , both Lords and others , publickly to meet twice or three times a Week , to consult about the Method of framing a Parliament to these Ends , and give out Orders for the same ; and especially , for the regulating of Corporations , as it is called ; and employing Commissoners into all Counties , under them .

Seventhly , The nominating many Lords Lieutenants , Sheriffs , Mayors and Bayliffs , profess'd Roman Catholicks ; and the Generality of the rest , such as , by reason of their Dependance upon the Court , Indigence of their Fortunes , or Obnoxiousness to the Laws , have , contrary to their Duties , given an Assurance to promote such Elections .

I have mentioned these , only to shew the great Necessity incumbent upon every good English Man , and Protestant , however differing in Opinion as to some Religious Matters , to use their utmost Endeavours , upon the approaching Election , to oppose and prevent all further illegal Practices , either in the Election , or Return : And the better to enable them , I shall propose this following Method , as I conceive , undoubtedly warranted by Law .

I. That since , by the Statute of Westminster , 1 Car . 5. it is declared , that all Elections ought to be free ; and the King forbids , under grievous Forfeitures , that no Great Men , nor other , by power of Arms , or by Malice , or Threatnings , should disturb to make free Elections : And by the Statute of 7 H. 4.15 . it is declared , that Elections ought to be freely , and indifferently made , without Request , or Commandment , no Peer hath to do in the Election of the Commons , being no Suitor , or summonable to the County-Court , nor contributary to the Ways for his Land ; that therefore no City , Burrough , or Corporation , or the Members thereof , or Electors for the County , do admit of any Recommendation , Request , or Commandment from the King , or any Peer in Office , ( who ought not , by the Law , to intermeddle in any of these Elections , ) or make any Promise to any of them , for the Choice of any Man , before such Election ; nor admit of the Presence of any Lord-Lieutenant , or of any Military Officer , or Soldier , not having Right to give a Voice to the said Election ; but to insist upon it , that they withdraw .

II . That , after the Writ of Precept read , they cause to be read the Statutes of 7 H. 4.15 . and 23 H. 6.15 . wherein the Manner is prescribed for the Elections , both in Counties , Cities and Burroughs ; and that they both pursue , and require of the Sheriff , and chief Officers , the Observation thereof , and not to permit or suffer any Deviation from the same .

III . That they do principally observe two things in the said Statutes : First , That as well the Return as the Election of the Knights , is to be made at the next County-Court after the receipt of the Writ , and the Sheriff not to Depart , or Dissolve the Court till such time as the Return be made . Secondly , See also the Clause in the Writ , added by the Statute of 23 H. 6.15 . That both the Election and Return is to be made by Indenture , which is to be Sealed by every one of the Electors , and the Duplicate by the Sheriff , and the such Indenture shall be annexed to the Writ ; and the such Indenture is the Return of the Sheriff : So that the Return is in the Power of the Electors , and not of the Sheriff ; the omission of which Sealing the Indenture , at the time of giving in their Votes , by every Elector , which is the standing Poll of the Election , by Law , and no other Poll required , hath given the opportunity to the Sheriff of practising all the Partiality imaginable at Polls , and by Adjourning of the Court to remote Places and Inns , after the Election , which he cannot do without the Consent of the Freeholders , by Law , unless in case of necessity , for want of Provisions , or Sickness broke out in the place since the last Court , or the like , as also of the false and double Returns made by them . The Method therefore to be taken is this , not wholly refusing the Poll , because it hath been long practised , and gives the Sheriff opportunity of examining as to 40 s . per annum , to prepare an Indenture , one part whereof to have several Skins of Parchment , to which ( in case of Contest ) either before or after the giving their Votes , every Elector should set his Name or Mark and Seal , such Sealing to be in the presence of some intrusted therewith , who may testifie the same ; and such Seals to be dropt with hard Wax upon the Parchment , in rowes , with room to write the Names ; which , at the end of the Election , with a Duplicate is to be presented to the Sheriff , and he required to annex the same to his Writ ; and if he refuse so to do the same , they may justifie the detaining him there till he comply ; nor can he Adjourn or dissolve the Court till he hath performed the same , and sealed a Duplicate thereof , there being no occasion for such an Adjournment ; nor is he Judge of any Exception , but only hath Power to Examine upon Oath , as to the 40 s . per annum .

IV . As to Cities , Burroughs , and Towns Corporate , the like Method is to be observed in their Elections and Returns ; and though it be not particularly expressed in the said Statutes , as to the manner of their Election and Return , as in the Case of the Knights of the Shire , yet the constant Practice of making Return by Indenture , either under the common Seal of the Corporation , or Hands and Seals of the Electors , where no common Seal is , and annexing it to the Precept , and proceeding in the same manner by Votes and Poll , in case of a Contest , shews that this was the common Law and Custom of England , before the making of the said Statutes , and only re-inforced under Penalties by such Statutes ; and therefore the putting the Seal to this , and Annexing it to the Precept , and Indorsing by the Mayor , or other chief Officer , upon the back of the Precept , that the Return of this Precept , is in an Indenture thereto annexed , is the Duty of the Mayor , and what he may be compelled to do after the Election , before he Adjourn or Dissolve the Court ; and by a Clause in the Statute 23 H. 6.15 . it is declared , The Citizens and Burgesses as have always been Chofen by Citizens and Burgesses , and no other , and returned to the Sheriff , and upon their Returns accepted and received by Parliament .

V. In case the Sheriff shall refuse to annex such Return and Precept to the Writ , for which end the Corporation ought to send some of their Number with the Mayor or chief Officer ; they may do well to detain the Return , and not deliver it till the Parliament sits ; and in case of any doubt of the Practice of the Sheriff and Mayor , after the Return made in manner aforesaid , they may keep the Return , and carry it in to the Sheriff , such Indenture so annexed , being as well the Return of the Mayor , as in the County of the Sheriff .

VI . Whereas many Foreigners have been made Members of Corporations , which do not Live , nor Inhabit in the said Corporations , 't is humbly conceived , that no Votes in Election can belong to them ; for that it appears not only by the Statute 1 H. 5.1 . and other Statutes that require the Electors to be Citizens and Burgesses of the said Cities and Burroughs , that are resiant on the Place , which though it be Dispensed with as to the Persons Elected , being only a prohibitory Clause , and not disabling the Person to be Elected , or making the Election void , and that those Acts were made upon Petition of the Gentlemen , not to be compelled to serve for Corporations , and so was granted to them as a Privilege , if they would take advantage of it , but Volenti non fit injuria , yet was it never Dispensed with , as to the Electors in Counties , nor ought it to be so in Corporations or Burroughs ; and that this is the Common Law of the Realm , appears by the Clause in the Statute 23 H. 6.15 . which after the recital of the Statute 1 Hen . 5.1 . declares , That the Citizens and Burgesses have always been Chosen by Citizens and Burgesses , and no other ; and also , that even those that have been real Citizens or Freemen , or Inhabitants of Corporations , as having been Apprentices there , yet when they live out of the said Towns , cannot enjoy the Privileges that are granted to the said Corporations , as in the famous Judgment in Prizage , as to the Citizens of London : which shews that the Privileges are Local and not Personal ; and though they have been sometimes admitted to give Votes , yet it is conceived , this is against Law , and cannot be defended .

VII . Where Sheriffs , Mayors , and other chief Officers have not taken the Test , and will not comply with the Law , to make due Elections and Returns , it is conceived , that they may be justly excepted against , and the Elections and Returns made without them ; and that where any Burrough hath a Corporation lately put upon them , neither the Election nor Return is altered thereby , but shall belong to the Inhabitants and Bailiff of the Burrough as formerly , and not to the Mayor or Bailiff by Charter .

THE BILL For Regulating Abuses in ELECTIONS OF MEMBERS To Serve in PARLIAMENT , As it was read a Second Time , and Committed , by the HOUSE of COMMONS , upon Saturday the 5th of April , 1679. And now offered as Advice to the Consideration of the whole Kingdom .

FOR the remedying the many and great disorders , miscarriages , inconveniences , disputes , and contests , arising about the Elections and Returns of Knights , Citizens , and Burgesses to sit in Parliament , Be it Enacted by the Kings most Excellent Majesty , Lords Spiritual and Temporal , and Commons assembled , That for the time to come every person that at the time of any Election of Knights of any Shire or County at large , is , and by the space of one year next before such Election , hath been a Householder and Inhabitant in the same County , and within the same by all that time hath been ( without fraud or design thereby to enable himself to give Voice ) charged , rated , taxed to , and have payed and born his Scot and Lot towards the maintenance and defraying the Poor , and other publick Charges and Payments , and who is not under one and twenty years of age ; and is worth two hundred pounds in Fee , clear Estate of his own , over and besides his Debts , Charges , and Engagements by him owing and payable , or engaged in ; and none other shall have Vote , Voice , and be Elector of Knights of the County or Shire wherein he so inhabits or dwells . That in every Inn-Shire City or Town that is both City and County , and in every other City , Town , Burrough , or place , that now do , or hereafter shall send Members to the Parliament ( except the Cities of London , York , Norwich , Exeter , and Bristol ) every person at the time of such Election of Members for to sit in Parliament ( for any such place , that at the time of such respective Election , and by the like space of one year before , hath been a Householder and Inhabitant within such respective City , Town , Burrough , or place ( except before excepted ) and by all that time hath been there charged , rated , taxed , and paid Scot and Lot , without fraud , as aforesaid ; and not under one and twenty years of Age : And none others shall have Vote and Voice , and be Elector in such respective City , Burrough , Town , or place , any Law , Charter , or non obstante in any Charter to the contrary notwithstanding . And that the respective Sheriffs , and other Officers , to whose care and management the Elections are committed , have hereby power and authority to administer unto , and to examine upon oath , the parties themselves concerning the Qualifications and Matters aforesaid , That for the future no person by himself , or others , by or with his consent and approbation , shall by feasting , treating , entertaining with meat , drink , or otherwise ; or by bribes , presents , rewards , or gifts , given , spent , promised , or engaged to , upon or amongst the Electors , or to or for their use or benefit , or to or for the only benefit or advantage of any County , City , Town , or place , sending members to Parliament , or the Inhabitants thereof , or under any pretended Charity for the Poor of any such Town or place , directly , or indirectly , labour or endeavour to obtain or procure Elections of any person , or persons , to be Members or Representatives to sit in Parliament , under the pains and penalties ensuing ( to wit ) that every such person so labouring , or indeavouring by any such undue and illegal ways and means , shall be hereby disabled and uncapable of being or sitting as a Member of that Parliament , and also shall forfeit the sum of five hundred pounds : And that the City , Town , or place , where any such feasting , treating , or entertaining shall be manifestly and notoriously admitted or suffered , shall from that time forfeit their Priviledge of sending Members to Parliament : And in lieu thereof , an Election to be made of Members in their stead in some other Town , or place , within the same County , or else in the County at large , as the House of Commons in the next ensuing Parliament , that shall have or take notice of such forfeiture , shall appoint and direct : And it is hereby further Enacted , that all and every Justice of the Peace , Mayor , Bayliffs and Constables , having Jurisdiction or Authority in any such Town , or place , for the suppressing and preventing the misdemeanours and evil practises aforesaid , are hereby commanded and required not to permit any such feastings , treatings , or entertainments , for or in order to the end aforesaid , but upon Oath and Examination ( which they are hereby impowered to administer ) or upon their own view , to arrest and apprehend all such misdoers , and them to Commit to Goal , there to remain , till they give good and sufficient security not to offend in that kind for the future , and appear at the next Assizes , or general Sessions of the Peace for the County , or place , where the offence shall be committed , there to be proceeded against , and punished for his said offence according to Law : And that if any of the Officers or Ministers aforesaid , having information upon Oath , or other sufficient evidence of the fact , shall refuse or neglect to do his duty herein , he shall forfeit the sum of one hundred pounds for every such neglect or refusal : And that if any Mayor , Recorder , Alderman , Town-Clark , Burgess , Port-reeve , Bayliff , Magistrate , or Officer , shall permit or suffer himself to be feasted , treated , or entertained , or shall directly or indirectly accept , take , or receive , any bribe , gift , present , or reward , to the intent and end aforesaid , he is hereby disabled to give any Vote , or to be Elector ; and moreover shall for every such offence forfeit the sum of one hundred pounds . And it is hereby likewise Enacted , that no Writ or Suit shall be hereafter sued , prosecuted , or proceeded for wages , or any sum or sums of money due or demandable for wages , by any Knights , Citizens , or Burgesses , for or in respect of their services in Parliament ; but all such wages are , and from henceforth stand released and discharged , and for the avoiding of the abuses and undue means too often used by Sheriffs , Undersheriffs , Mayors , Bayliffs , and Officers , about such Election and Returns , and that there may be just , fair , and legal Elections and Returns hereafter made ; Be it further Enacted by the Authority aforesaid , That no Sheriff , Port-reeve , Bayliff , Magistrate , or Officer , ( except onely when need requires , from the evening to the morning of the next day succeeding , till Election be determined , or to some convenient place within two miles of the Town , or place , appointed , or set , for such Election ) shall adjourn the said Election from that day or place appointed or set for the same , but shall fairly and indifferently proceed to finish the Election as soon as conveniently he can at the time and place appointed , without any other adjournment there , as aforesaid : And if any Adjournment de facto be made contrary to this Act , the proceeding afterward shall be void , and the person that had the majority of Voices at the time of such unlawful Adjournment , shall be the person duely Elected , and shall be returned so to be : And if any person shall hereafter be , for consideration of money , bribes , presents , gifts , or rewards , directly or indirectly , given or promised , or ingaged to be given , or for fear or favour , by any Sheriff , Mayor , Bayliff , Port-reeve , or Officer , wrongfully and unduly Returned to be the persons Elected , which in truth and reality was not ; Or if any Sheriff , Undersheriff , their Clarks , or Ministers , or any Mayor , Recorder , Town-Clark , Port-reeve , Bayliffs , or other Officer , or Magistrate intrusted with the ordering or making such Election , or Returns , shall not fairly , justly , honestly , and impartially , according to the best of his skill and diligence , act and do his duty in the premises ; in every such case the party offending shall forfeit , if a Sheriff , the sum of five hundred pound ; if a Mayor , or other Officer , or Minister , two hundred pound , and treble damages to the party grieved ; and that all securities , promises , and engagements made or given to any Officer , for the indemnifying or saving harmless concerning the premises , shall be absolutely , void , and of no effect ; and every party giving or making such securities , promises , or ingagements , to forfeit five hundred pound for his offence in so doing : And further , for the avoiding all exactions , extortions , and briberies , under the pretence of gratuities , presents , or recompence , for dispatch , or towards charges , or otherwise , by any Sheriff , Undersheriff , Sheriff's-Clark , or Minister , or by any Mayor , Port-reeve , Bayliff , or other Officer , or Minister , hereafter to be taken : Be it Enacted , That none of the said Officers , or Ministers , shall directly , or indirectly take , have , or receive , or agree , or contract to have or receive , for any warrant , or present , upon or by Virtue of any Writ for Election for Parliament , or for any return of any Writ , Mandate or Precept , above the sum of two shillings six pence , under the pain of forfeiting ten times as much as he shall in such case take over and besides the sum of two shillings six pence , together with costs in every such suit to be recovered : All and every the penalties and forfeitures aforesaid ( except the said forfeitures of treble damages ) to be recovered by him , or them that shall , and will sue for the same , in any Court of Record , within the space of one year next ensuing such cause of action accrued ; in which suit there shall be no allowance of , or admission of any privilege of Parliament , or other privileges , or of any Protection , or Injunction ; nor of any Plea of another action , or information for the same offence depending ( except Oaths be made in the Court , where such Plea shall be pleaded by both the Defendant and Plaintiff , and real Prosecutor therein , that the same is really and bona fide , brought for recovery of the forfeiture herein , without any fraud or design to excuse or defend the offender from the forfeiture by the Statute imposed ) which the Court where such Pleas shall be pleaded , are hereby enabled to examine , and according to the truth and reality thereof , to allow the faid Plea , or not ; And for the better observation of this Act , all Sheriffs of Counties at large , shall in the place where the Election is to be made , immediately before they proceed to take the Votes of the Electors , cause this Statute to be audibly read in the presence of the Electors ; And that all Sheriffs of Inn-Shires , or Cities , or Towns that are Counties of themselves , Mayors , Port-reeves , Bayliffs , and other Officers , and Ministers respectively , shall immediately after the receipt of any Writ , or Precept , for such Election , or certain knowledge of a Parliament to be chosen , set up this Act in their respective Halls , or other publick places , to be read and viewed ; and also on the next Lords day after such certain notice of such Parliament to be chosen , or after receipt of such Writ , Precept , or Mandate for such Election , and before the time of the Election , cause and procure this Statute to be publickly and audibly read in the Churches of their Counties , Cities , Towns , or Burroughs , where such respective Elections are to be , immediately after Divine Service ended , and before the people assembled are departed ? And further , for the prevention of the long continuance of any Parliament for the future , and thereby depriving the King and Kingdom of the benefits of successive Parliaments , It is hereby Enacted , That no Parliament shall hereafter have Continuance in any manner , by Prorogation , or Adjournment , or Session , or partly by one and partly by the other , or otherwise howsoever , for above the space of two years from the day of the return of the Writ of Summons next ensuing , but at the end of the said two years shall be ipso facto dissolved : And that in every Indenture hereafter to be made or sealed by any Electors , there be a Clause therein inserted , That the person or persons are hereby authorized to serve in Parliament for the space of two years , from the day of the return of such Writ of Summons next ensuing , if the said Parliament shall so long continue , and no longer .