A word in season, to prevent undue elections and returns of Members of Parliament wherein the method to be observed, according to law, is prescribed, and several illegal practices reform'd, and several clauses of statutes relating thereunto, cited and explained. 1688 Approx. 15 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A67048 Wing W3550 ESTC R218569 99830151 99830151 34601

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 Early English books online. (EEBO-TCP ; phase 2, no. A67048) Transcribed from: (Early English Books Online ; image set 34601) Images scanned from microfilm: (Early English books, 1641-1700 ; 1942:19) A word in season, to prevent undue elections and returns of Members of Parliament wherein the method to be observed, according to law, is prescribed, and several illegal practices reform'd, and several clauses of statutes relating thereunto, cited and explained. 4 p. s.n., [London : 1688] Caption title. Imprint from Wing. Reproduction of the original in the Cambridge University Library.

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 eng England and Wales. -- Parliament. -- House of Commons -- Early works to 1800. Election law -- England -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2008-11 Assigned for keying and markup 2009-01 Keyed and coded from ProQuest page images 2009-05 Sampled and proofread 2009-05 Text and markup reviewed and edited 2009-09 Batch review (QC) and XML conversion
A Word in Seaſon, to prevent Ʋndue Elections and Returns of Members of Parliament: Wherein the Method to be Obſerved, according to LAW, is Preſcribed, and ſeveral Illegal Practices Reform'd, and ſeveral Clauſes of Statutes relating thereunto, Cited and Explained.

IN ſuch a Criſis of Time as this, wherein both our Civil Liberties and Religion are at Stake, and muſt 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 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 Exhorbitant 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 Freehold, and the Corporation itſelf 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 things as have been lately practiced, 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, 1ſt, 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. 2dly, Whether they would give their Voices to Elect ſuch as would Repeal the Penal Laws and Teſt, in Subverſion of the Right of Election, and Freedom of Members? 3dly, 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 underhand 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 and 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 entered 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 thrice 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 Corporations, as it is called, and imploying Commiſſioners into all Counties under them.

Seventhly, The Nominating many Lord Lieutenants, Sheriffs, Mayors, and Bailiffs, profeſt 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 inable them, ſhall propoſe this following Method, as I conceive, undoubtedly warranted by Law.

I. That ſince by the Statute of Weſtm. 1 C. 5. it is declared, That all EElections ought to be Free; and the King forbids, under grievous Forfeitures, that no Great Man, nor other, by Power of Arms, or by Malice, or Threatnings, ſhould diſturb to make Free Elections: and by the Statute 7 H. 4.15. it is declared, That Elections ought to be freely, indifferently, made without Requeſt or Commandment: No Peer hath to do in the Election of the Commons, being no Suitour, or Summonable to the County Court, nor Contributary to the Ways for his Land; that therefore no City, Borough, 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-Leiutenant, or of any Military Officer or Souldier, not having Right to give a Voice to the ſaid Election, but to inſiſt upon it, that they withdraw.

II. That after the Writ or 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, 1ſt, That as well the Return as the Election of the Knights, is to be made at the next County-Court after the receit of the Writ, and the Sheriff not to Depart, or Diſſolve the Court till ſuch time as the Return be made. 2dly,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 practicing 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 practiced, 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 Ajournment; 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 Choſen 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 Forreigners have been made Members of Corporations, which do not Live, nor Inhabit in the ſaid Corporations, 'tis 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 thô 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 Priviledge, 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 Free-men, or Inhabitants of Corporations, as having been Apprentices there, yet when they live out of the ſaid Towns, cannot enjoy the Priviledges that are Granted to the ſaid Corporations, as in the famous Judgment in Prizage, as to the Citizens of London: which ſhews that the Priviledges are Local and not Perſonal; and thô 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.

FINIS.