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A26453 Advice to freeholders, and others, concerning the choice of members to serve in Parliament and the qualifications that render a gentleman worthy or underserving so great a trust: with a list of non-associators. 1698 (1698) Wing A647A; ESTC R215659 15,301 26

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Authority to examin upon the Evangelist every such Chuser how much he may expend by the Year 6. And if any Sheriff returned Knights to come to the Parliament contrary to the said Ordinance the Judges of Assize in their Sessions of Assizes shall have power by the Authority aforesaid thereof to enquire 7. And if any Inquest the same be found before the Justices and the Sheriff thereof be duly attainted that then the said Sheriff shall incur the Pain of 100 l. to be paid to our Lord the King and also that he have Imprisonment by a Year without being let to Main Prize or Bail 8. And that the Knights of the Parliament returned contrary to the said Ordinance shall loose their Wages Provided always that he which cannot expend 40 s. by the Year as aforesaid shall in no wise be Chuser of Knights for the Parliament 2. And that in every Writ that shall hereafter go forth to the Sheriffs to chuse Knights for the Parliament mention be made of the said Ordinance Note Tho this Statute make the Penalty on the Sheriff but 100 l. for a false return yet the House may further punish him by Imprisonment c. at their Pleasure by the Law and Custom of Parliaments Anno 4. Ed. 3. Cap. 14. A Parliament shall be holden once every Year Item It is accorded that a Parliament shall be holden every Year once and more often if need be Anno 26. Ed. 3. Cap. 10. A Parliament shall be holden once in the Year Item For Maintenance of the said Articles and Statutes and redress of divers Mischiefs and Grievances which yearly happen a Parliament shall be holden every Year as another time was ordered by Statute BEfore the Conquest as the Victory of Duke William of Normandy over Harold the Usurper is commonly tho very improperly called Parliaments were to be held twice every Year as appears by the Laws of King Edgar Cap. 5. and the Testimony of the Mirror of Justices Cap. 1. Sect. 3. For the Estates of the Realm K. Alfred causes the Committees some English Translations of that ancient Book read Earls but the word seems rather to signify Commissioners Trustees or Representatives to meet and ordain a Perpetual Usage that twice in the Year or oftner if need were in time of Peace they should assemble at London to speak their Minds for the guiding of the People of God how they should keep themselves from Offences live in quiet and have right done them by certain Usages and sound Judgments K. Edw. the First says Cook 4. Inst fol. 97. kept a Parliament once every two years for the most part And now in this K. Edw. the Thirds time one of the most Wise and most Glorious of all our Kings it was thought fit to enact by these two several Statutes that a Parliament should be held once at least every Year which two Statutes are to this Day in full Force For they are not repealed but rather confirmed by the Statute made in the 16th Year of our late Sovereign King Charles the Second Chap. 1. Intituled An Act for the assembling and holding of Parliaments once in three Years at the least the words of which are as follow Because by the Ancient Laws and Statutes of this Realm made in the Reign of King Edw. the Third Parliaments are to be held very often Your Majesties Humble and Loyal Subjects the Lords Spiritual and Temporal and the Commons in the Present Parliament assembled most humbly do beseech Your Majesty that it may be declared and enasted by the Authority aforesaid that hereafter the sitting and holding of Parliaments shall not be intermitted or discontinued above three Years at the most but that within three Years from and after the determination of this present Parliament so from time to time within 3 Years after the determination of any other Parliament or Parliaments or if there be occasion more or oftner your Majesty your Heirs and Successors do issue out your Writs for calling assembling and holding of another Parliament to the end there may be a frequent calling assembling and holding of Parliaments once in three Years at the least By what has been said you may percieve the work of an English Parliament is not as some would have it only to be Keys to unlock the Peoples Purses That is but one part and perhaps one of the least parts too of their Office they are to propose new Laws that are wanting for general Good and to press the Abrogation of Laws in being when the Execution of 'em is found prejudicial or dangerous to the publick they are to provide for Religion and the Safety and the Honour of the Nation they have a Power as you have heard from Sir Tho. Smith to order the Right to the Crown understand all this with the King's Consent and they have very frequently undertaken and actually limited the same contrary to and different from the Common Line of Succession Nay by the Statute of 13 Eliz. Cap. 13. It is expresly enacted That if any Person shall in any wise hold and affirm or maintain that the Queen with and by the Parliament of England is not able to make Laws and Statutes of sufficient Force and Validity to limit and bind the Crown of this Realm and the Descent Linitation Inheritance and Government thereof or any other Statute to be made by the Authority of the Parliament of England with the Royal Ascent for limiting the Crown is not are not or shall not or ought not to be for ever good and sufficient Force and Validity to bind limit rest rain and govern all Persons their Rights and Titles that in any wise may or might claim any Interest or possibility in or to the Crown of England in Possession Remainder Inheritance Succession or otherwise howsoever and all other Persons whatsoever every Person so holding affirming or maintaining during the Life of the Queen shall be adjudged an high Traytor and suffer and forfeit as in Cases of high Treason is accustomed And every Person so holding affirming or maintaining after the Decease of our said Soveraign Lady shall forfeit all his Goods and Chattels Which Clause and last mentioned Penalty is to this Day in Force and ought to be considered by any who shall now pretend that an Act of Parliament cannot dispose of the Succession But nothing is more properly the work of a Parliament then to redress Grievances to take notice of Monopolies and Oppressions to curb the Exorbitances of pernicious Favourites and ill Ministers of State to punish mighty Delinquents as look upon themselves too big for the ordinary reach of Justice to inspect the Conduct of such as are intrusted with Administration of the Laws or dispose of the Publick Treasure of the Nation All Crimes of these and and the like kinds are publick Nusances common Mischiefs and wound the whole Body Politick in a vital part and can scarce at all times be found out or redressed by reason of the