Since the Clergy of England not only are a dead Weight at Elections for Knights of Shires, but are so many Sollicitors in every Parish, for such as are most likely to carry on their separate Interest; it has been no more than requisite to shew, in the Observations upon one of their Circular Let­ters, That if they keep to the sense of their Church express'd in the Homilies, they can­not be true to this Government. Nor ought a Man to omit the Observation, That many of them who have sworn Allegiance to our present King and Queen, declare, That they did it with such a reserve, as permits them still to believe the late King to be their Sove­reign Lord; and consequently, That it is their Duty to promote his Interest in all things con­sistent with Self-preservation. But all this Caution not being enough to draw off mis­led Men from their Party, 'tis now become a Duty to one's Countrey, to shew, That tho many of their Party have Legal Voices in the Choice of Parliament-men, yet They themselves have none.

I. They never pretended to it, nor was it in the least looked on as lawful in the time of the Lord Coke, who speaking of the Procuratores Cleri, the Proxies of the Clergy, says,

In another place he says, ‘None of the Clergy are eligible to be Knights, F. 47. Citizens, or Burgesses of Parlia­ment, because they are of another Body, viz. of the Convocation.’

Let any one shew why this should be a good reason against their being chosen to sit in Parliament, and yet not equally serve against their chusing Representatives.

II. The Statutes 8 and 10 H. 6. upon which the Clergy found their Right, as having Forty Shillings per Annum Free­hold-Estate, can give them no colour; be­cause,

• 1. The Statutes speak of such as have Forty Shillings a Year Freehold, which im­plies having it in their own Rights; where­as the Clergy are seized of their Livings only in the Right of the Church, whose Rights are provided for by the Convoca­tion.
• 2. The Statutes are not enabling, but restraining Statutes: And whereas, before, all who owed Suit and Service to the Coun­ty-Court had Voices at Elections, if their Income were never so small; the Statutes confine the Right to such as have Forty Shil­lings per Annum Freehold, where the Right of Election must in the nature of the thing be limited to such as are of the same Body with that which is to be represented in Parliament.
• 3. It is supposed to be of such as were obliged to attend at the County-Courts, the Notice there being all that the Law ever required, though the late interposi­tion of the Clergy has occasioned the Proclaiming the Day and Place of Ele­ctions in the Churches: but the Clergy, I dare say, will be loth to own that they are obliged to attend at the County-Courts.

It is therefore advisable for the She­riffs to take the Poll of Clergy-men by themselves, that if the Dead Weight cast the Ballance, it may be left to the Judg­ment of the Parliament, Whether they have Right to Vote, or no?