THE CLAIMS OF THE PEOPLE OF ENGLAND.
N. B. Those Persons, who have not Leisure (in the present awful and important Crisis of public Affairs) to peruse this little Tract, may view the Substance of it, in an ABSTRACT, at the End of the Book.
LONDON▪ PRINTED IN THE YEAR M.DCC.LXXXII.
The CLAIMS of the People of ENGLAND.
IN the beginning of the present century, (anno 1701, 12 W. III.) a sensible and loyal Writer drew up a small Tract of political information, which he intitled — ‘THE CLAIMS OF THE PEOPLE OF ENGLAND essayed in a Letter from the Country.’ But, before the Tract was printed, the Author had the satisfaction to hear, that the Claims, he had asserted, were in many respects established by a new Act of the Parliament then sitting; which seasonable attention to the People's Rights he most gratefully acknowledged in a Postscript to his Letter.
The Act of Settlement, by virtue of which the present Royal Family succeeded to the Crown of these Realms, was the Statute, which then so happily (in the opinion of that Writer) ‘secured THE CLAIMS OF THE PEOPLE OF ENGLAND.’
It is intitled, ‘ An Act for the farther Limitation of the Crown, and better securing the Rights and Liberties of the Subject;’ — and accordingly contains [Page 4]eight very excellent Articles of Limitation, agreeable to ‘ the Claims of the People of England;’ which, it seems, were enacted, ‘ with the unanimous Concurrence of both Houses of Parliament,’ for the express purpose of ‘ securing our Religion, Laws, and Liberties.’
One of these Articles ordained—"That" ‘— all matters and things relating to the well governing of this Kingdom, which are properly cognizable in the Privy Council by the Laws and Customs of this Realm, shall be transacted there, and all Resolutions taken thereupon shall be signed by such of the Privy Council as shall advise and consent to the same.’ ‖
And by another of these Articles it was ordained — ‘ That no person, who has an Office, or Place of profit, under the King, or receives a Pension from the Crown, shall be capable of serving as a Member of the House of Commons.’ *
[Page 5]But, as the Parliament was at that time invested with the dangerous unconstitutional power of a triennial duration without Reelection, it was impossible that the Elected (who thereby acquired a temporary independency of the Electors, and, of course, too many of them, a separate interest of their own) could long continue real Representatives of the People's Claims; and, consequently, these two most excellent provisions against undue influence were unhappily repealed, a very [Page 6]few years afterwards, in the 4th year of Queen Anne (c. 8.) Which amply proves, that the most salutary provisions for ‘ the Claims of the people’ cannot be securely established under triennial or septennial Parliaments; and, of course, that the antient usage of sessional ELECTIONS is a Claim, of all others the most essentially necessary for our welfare.
Since the fatal repeal above mentioned, the prevalence of undue influence hath so rapidly and enormously increased, that the ever-loyal Citizens of London thought it their duty, in the year 1770, to bear testimony against it; and accordingly they asserted, in a public declaration to the King himself, that "the" (then) ‘ House of Commons did NOT represent the people.’ †
Subsequent Facts have demonstrated the absolute necessity we are now under to claim and promote an unequivocal abolition of all undue Influence in Parliament.
Measures, the most unrighteous, as well as the most ruinous that could have been devised, [Page 7]have been adopted and carried on under a pretended sanction of parliamentary Authority, § which have involved both King and People (whose true interests are inseparable) in the most alarming difficulties: and the ostensible Agents in the mischief have obstinately persevered to the utmost extension of ability, until public Disasters, and a happy preventive incapacity of their own, (their Heads and Funds being equally exhausted of council and resource,) have compelled them to make a temporary retreat; though the numerous [Page 8]Corps of Placemen, Pensioners, Contractors, &c. occasionally procured them a shameful Majority almost to the last!
Hence it is evident that the Corruption of Parliament is the real source of all our national calamities and grievances, which cannot therefore be relieved by a mere change of Ministry.
The Minority in Parliament hath once before, in the memory of most men, become the Majority; and the worthy Opposers of bad measures were indulged with a temporary administration of public Affairs, until the secret efficient Cabinet could recover from the surprise and dismay of their former defeat in Parliament, and, by a renewed exertion of their undue influence, were able to shackle the new Administration with the rueful alternative, either to abandon their newly-acquired dignities, or else to adopt such measures as must effectually deprive them of the people's confidence; after which they were contemptuously compelled (one by one, or as it might best suit the purposes of the reigning system of undue influence) to yield up their places for the emolument of the more pliant creatures of the secret faction.
[Page 9]It would be madness for Englishmen, after such galling experience, to neglect their just and indispensible Claim to some immediate and effectual precaution against similar delusions. To trust another new Administration, without insisting at the same time on a constitutional limitation of power, by a free uninfluenced Representation of the Commons, may be dangerous to our very existence as an independent Kingdom!
The reduced circumstances of the Nation cannot admit the risque of another such credulous experiment!
It is therefore become absolutely necessary, for the security both of King and People, (which includes the true interest of all parties,) that the just "Claims of the People" be satisfied in an immediate Restoration of the antient legal and responsible Government, by a Revival of the two repealed Articles of the Act of Settlement, above recited, and by a Revival also of that most excellent Statute for SESSIONAL PARLIAMENTS, passed in the 4th of K. Ed. III. c. 14. declaring, "that a Parliament" (meaning a newly-elected Parliament, as the writs of those times incontestably demonstrate) ‘ shall be holden every year once, and more often if need be.’ But this indispensible [Page 10] Right and Claim of the People (for the Act itself is no more than an authentic Declaration, or Acknowledgement, of an antient Right) cannot have complete effect without totally repealing an Act of the 8th year of K. Hen. VI. (cap. vii.) which, on false pretences, (whereby it is rendered unworthy the title and dignity of a Statute,) disfranchised at once by far the greatest part of the English Nation, by robbing them of their BIRTHRIGHT, ‡ the inestimable Right [Page 11]of voting for Representatives in Parliament, without which they cannot properly be esteemed Freemen, because the Laws, their BIRTHRIGHT and most valuable Property, may be changed, suspended, or entirely withdrawn from them, without their consent; whereas, in antient times, they enjoyed not only the privilege of voting, in plen Countie, (i. e. the full County-court or Parliament of each County,) for the Knights of the Shire, but frequently also for the Citizens [Page 12]and Burgesses, elected in their respective Counties; whereby the Equality of Representation was then preserved; and may again be happily restored by some such equitable mode of transferring the representation of depopulated or notoriously venal Boroughs to the Decision of their respective County courts. Which method of equalising Representation deserves preference to all others, because it is not liable to the odious charge of innovation, but, on the contrary, is authenticated by long-continued usage and legal Precedents of ancient times: and the same may be said of all the other changes already recommended in this Address.
By these approved and tried means, the just claims of the people may be amply, as well as easily, established; and the happy effects of such a perfect Reformation would be security and support to any virtuous Administration: for it would prevent their just measures from being impeded and clogged by the secret machinations of any private Cabal, or Cabinet Faction, that might otherwise be efficient without Responsibility; and it would also exclude the interested opposition of needy unprincipled persons, who at present can introduce themselves into P—l—m—t (if they can but find credit for [Page 13]the purchase-money) merely for the purposes of private interest! a Trade as dishonourable to themselves as it is baneful to the Nation; for the Representation of many Boroughs is now commonly esteemed a mere pecuniary property, and, as such, has in many instances been either notoriously bought and sold; or else is holden at the absolute disposal of single Individuals, (Peers and other overgrown Landholders,) for the dangerous purpose of enhancing their own personal consequence! An "undue Influence" this (in whatsoever hands it is lodged) that is most detestably disgraceful to the Nation as well as fundamentally derogatory to the validity of every legislative Resolution! and, what is still more alarming, will completely ruin the Kingdom, if the constitutional Remedies here proposed are not speedily adopted.
An ABSTRACT of the Claims, &c. and of the constitutional Means of redressing public Grievances, without Innovation. P. 12.
CLAIM I. THAT neither the Privy Council, nor any secret Cabinet for State Affairs, ought to be efficient without responsibility. P. 4. n. and p. 12.
REMEDY. Revive a repealed clause of the Act of Settlement, "That all matters cognizable in the PRIVY COUNCIL shall be transacted there, &c. P. 4 & 9.
CLAIM II. That all undue influence of the Crown ought to be totally excluded from Parliament, p. 6. and that a "Treasury-bench," or any other Bench of Placemen, in the House of Commons, (unless duly restrained from the privilege of voting,) is an ABOMINATION! utterly repugnant to all just ideas of a free uninfluenced Parliament! P. 5. n.
REMEDY. Revive a repealed Clause of the Act of Settlement: ‘ That no person, [Page 15]who has an office or place of profit under the King, &c. shall be capable of serving as Members of the House of Commons.’ P. 4.
N.B. The ordinary objection to this clause may be obviated, by permitting the great Officers of State, their Secretaries, &c. to sit, debate, and inform the House, but without privilege of voting. P. 4 & 5. n.
CLAIM III. That ‘ the Laws of England are the BIRTHRIGHT of the People thereof’ (p. 10, n.); yet the greater part of the People are robbed of the Birthright by an unconstitutional exclusion from any share in the Legislature; so that the Laws (the most valuable Property to EVERY MAN — "UNICUIQUE VENIT," &c. p. 10.) may be changed, suspended, or repealed, without their assent. P. 11.
REMEDY. Repeal the Act of 8 Hen. VI. c. 7. whereby the People in general were robbed of that BIRTHRIGHT. P. 10.
CLAIM IV. That the Representation of the People ought to be rendered more equal.
REMEDY. Refer the enormous disproportion of delegating power, now enjoyed by venal Boroughs, (p. 7. n.) to the decision of the County-Courts, according to antient Precedents. (P. 12.)
[Page 16]CLAIM V. Experience has demonitrate [...], that neither the most salutary provisions for our just Claims can long subsist, (p. 6.) nor any Changes of Ministry, (p. 8.) be effectual to restore them, under triennial and septennial Parliaments, p. 5. so that the antient usage of renewing the Representation BY A GENERAL ELECTION EVERY SESSION is the most essential Claim of all others for the welfare of the Kingdom. P. 6.
REMEDY. Revive the Statute for SESSIONAL PARLIAMENTS, 4. Ed. III. c. 14. (See p. 9.)
The certain Effect of these constitutional Remedies will be Security and Support to a virtuous Administration. P. 12.