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city_n county_n say_a sheriff_n 8,049 5 11.8418 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A67048 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 (1688) Wing W3550; ESTC R218569 4,620 6

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A Word in Season to prevent Vndue 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