disturb the House shall pay the like Forfeiture And it is further ordered that the Business then in Agitation being ended no new Motion of any new Matters shall be made without leave of the House 5 Dec. 1640. Id. 84. Ordered that no Bills have their second Reading but between Nine and Twelve 10 Dec. 1640. Id. 92. Declared for a constant Rule that those that give their Votes for the Preservation of the Orders of the House shou'd stay in and those that give their Votes otherwise to the introducing of any new Matter or any Alteration should go out 8 Sept. 1641. Id. 392. See how far an Order of this House is binding In March 1627. Rush Coll. vol. 1.513 Resolved that is the ancient and undubitable Right of every Freeman that he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan Benevolences or other like Charge ought to be commanded or levied by the King or any of his Ministers without common Consent by Act of Parliament March 1627. Id. 513. Resolved that no Freeman ought to be detained or kept in Prison or otherwise restrained by the Command of the King or Privy-Council or any other unless some Cause of the Commitment Detainer or Restraint be expressed for which by Law he ought to be committed detained or restrained Resolv'd Id. 513. that the Writ of HabeasCorpus may not be Detain'd Deny'd but ought to be granted to every Man that is committed or detained in Prison or otherwise restrained tho' it be by the Command of the King the Privy-Council or any other he praying the same Resolved that if a Freeman be committed or detained in Prison or otherwise restrained by Command of the King the Privy-Council or any other no Cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed 2 April 1628. Resolved Id. 523. that no Freeman ought to be confined by any Command from the King or Privy-Council or any other unless it be by Act of Parliament or by other due Course or Warrant of Law King James I. having in 1621. Rapin Vol. 2. No. 54. p. 208.209 for some Words spoken by him in the House it occasioned a Remonstrance of the Commons to the King therein complaining of Breach of Privilege and asserting their Liberty of Speech and Debate to be their antient and undoubted Right and Inheritance receiv'd from their Ancestors c. This they sent to the King by twelve Members at the Head of whom they affectedly set Sir R. Weston a Privy-Counsellor one whom they conceiv'd had incens'd the K. against them who were receiv'd very roughly and their Remonstrance rejected But some Days after the K. sends 'em a long Answer in Writing wherein towards the Conclusion he objects against the stiling their Privileges Id. p. 211. their antient and undoubted Right and Inheritance and wishes they had said i. e. commands 'em to acknowledge that their Privileges were derived from the Grace and Permission of him and his Ancestors The House on reading this Answer plainly perceiv'd the King's Aims The Commons Protestation in Vindication of their Privileges Ibid. p. 211. 212. c. and knowing the Parl. was going to be prorogued or dissolv'd drew up a Protestation in Order to vindicate their Privileges viz. The Commons now assembled in Parl. being justly occasion'd thereunto concerning sundry Liberties Franchises and Privileges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdiction of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the arduous and urgent Affairs concerning the King the State and the Defence of the Realm and of the Church of England and the Maintenance and making of Laws and Redress of Mischiefs and Grievances which happen daily within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament And that in the handling debating and proceeding in those Businesses every Member of the House of Parliament hath and of Right ought to have Freedom of Speech to propound treat reason and bring to Conclusion the same and that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order as in their Judgment shall seem fittest See of the Terms Parliament and Prerogative Id. p. 213. and that every Member of the said House hath like Freedom from all Impeachment Imprisonment and Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring of any Matter or Matters touching the Parliament or Parliament-Business and that if any of the Members be complained of and questioned for any Thing said or done in Parliament the same is to be shewed to the King by the Advice and Assent of the Commons assembled in Parliament before the King give Credence to any private Information But the K. being inform'd of this Protestation call'd a Council and sending for the Commons Journal in Presence of the Judges c. with his own Hands tore it out of the Journal and in a few Days after dissolved the Parliament but this did not deter the Commons from insisting on their Claim And in his Son's Reign it was asserted with a Witness and is now confirm'd by the Claim of Right and other Statutes Mar. 12. 1700. the House Journal Dom. Com. on a Report of that Part of the K's Speech which related to the Hanover Succession agreed with the Committee in these Resolves viz. 1. That all Things relating to the well governing of this Kingdom which are properly cognizable in the P. Council shall be transacted there and all Resolutions taken thereupon shall be sign'd by the P. C. 2. That no Person whatsoever that is not a Native of England Scotland or Ireland or of the Dominions thereunto belonging or who is not born of English Parents beyond the Seas altho such Person be naturaliz'd or made a Denizen shall be capable to be of the P. C. or a Member of either H. of P. or to enjoy any Office of Place or Trust either Civil or Military P. Council 3. That no such Person c. shall be capable of any Grant of Lands Tenements or Hereditaments from the Crown to himself or any other in Trust for him 4. That upon the further Limitation of the Crown in Case the same shall come to any Person not being a Native of this Kingdom of England this Nation be not oblig'd to engage in any War for the Defence of any Dominions or Territories not belonging to the Crown of England without the Consent of Parliament 5. That whoever shall hereafter come to the Possession of this Crown shall join in Communion with the Church by Law establish'd 6. That no Pardon shall be pleaded to any Impeachment in Parliament 7. That
Service of Ambassage or else in Execution or visited with Sickness shall not in any wise be amoved from their Place in this House nor any other to be during such Time of Service Execution or Sickness elected Nota Bene By the Claim of Right St. 1. W. M. Ses 2. c. 2. made on the Abdication of King James the 2d it was declared That all Elections of Members to Parliament ought to be free and twas enacted accordingly See the Statute and also the following Chapter CHAP. X. Who may be Electors ELectors are to attend to Elect Knights of the Shires Knights of the Shire St. 7. H. 4. c. 15. on Proclamation to be made at the next County Court after the Delivery of the Writ to the Sheriff and to proceed to in the Election freely and indifferently notwithstanding any Command to the contrary Electors of such Knights Ibid. St 8. H 6 c. 7 after the Election to seal an Indenture containing the manner of the Persons chosen which is to be annexed to the Writ and be the Sheriffs Return and none to Elect who cannot Expend 40 s. by the Year Electors of Knights of the Shires St. 1 H. 5. c. 1. 8. H. 6. c. 7. 10. H. 6. c. 2. to be only of such Persons as are resiant and dwelling within the said Shire at the Date of the Writ No Person shall be an Elector of the Knights for the Parliament St. 8. H. 6. c. 7. 10. H. 6. c 1 33. H. 8 c. 1. in Ireland except he hath Freehold Lands or Tenements within the same County to the value of Forty Shillings per Annum at the least above all Charges The Sheriff hath Power given him by the said Statute to examine upon Oath every such Chooser how much he may expend by the Year Crompt Jurisdict 3. if he doubt the value of it Every Freeholder electing such Knights to be Sworn before admitted to Poll if so required by any Candidate St. 7.8 W. 3 c. 25. St. 10. A. c. 23. The Free-holder's Oath See the Candidate's Oath c. 10 and the Oaths of Allegiance and Supremacy c. post and this Oath altered 10 Annae infra or other Person that hath Right to Elect. Note the said Oath by Sta. 10 Annae is thus You shall Swear that you are a Freeholder within the County of and have Freehold Lands or Hereditaments lying or being at in the County of of the yearly value of 40 s. above all Charges payable out of the same and that such Freehold Estate hath not been made or granted to you fraudulently on purpose to qualifie you to give your Vote and that the Place of your Aboad is at in the County and that you have not Polled before at this Election So help you God Trustees or Mortgagees St. 7.8 W. 3. c. 25. are not to be Electors unless in Possession or Receive the Rents of the Estate but the Mortgagor or Person to whose use the Trust is may Conveyances of Houses Lands Ibid. c. in Parcels to several Persons in order to multiply Votes to be Void and no more than one Vote admitted for one Tenement nor any to be an Elector under 21 Years That Persons refusing the Oaths St. 7.8 W. 3. c. 27. that or being Quakers subscribing the Declaration of Fidelity not to be admitted to Vote c. That all collusive Estates and Conveyances made to qualify Electors for Knights of the Shire i. e. Subject to a conditional Determination St. 10. A. c. 23. or Reconveyance c. shall be taken and held as Free and Absolute against the Grantor and all Bonds Convenants c. for Restoring or Reconveying thereof are declared Null and Void and the Maker Adviser and Voter shall each every of them forfeit 40 l. with full Costs to any that will Sue in any Court at Westminster and no Essoign c. Also none to Vote for such Knights in right of any Lands not assessed to the publick Taxes Church Rates and Parish Duties in proportion to other Lands of 40 s. per Annum in the same Parish and for which he shall not be entitled to 40 s. Rent before the Election unless it come to him by Descent And Voting otherwise forfeits 40 l. one Moiety to the Poor where the Lands lye and the other to the Prosecutor And note This Act repeals only so much of the Statue 7 W. 3. as concerns the Oath to administred to Freeholders and therefore this Statute further Enacts That if any Quaker during the continuance of an Act passed 7 W. 3. That the Solemn Affirmation and Declaration of the People called Quakers St 10. A. c. 23. Quaker's Affirmation shall be accepted instead of an Oath c. shall on such Election if required by any Candidate Declare the Effect of the said Oath on his solemn Affirmation as directed by that Act the Sheriff c. is required to accept the same instead of the said Oath But if such Quaker shall be after Convicted to have Wilfully Falsly If false guilty of Perjury vid. infra and Corruptly Affirmed or Declared he is to incurr the same Penalties and Forfeitures as Persons Convicted of Wilful and corrupt Perjury Vide infra That the said Act 10 Annae St. 12. A. Sess 1. c. Rents Tythes Incorporeal Inheritances Chambers in Inns of Court or Chancery c. shall not Extend to Restrain any Person from Voting in Right of any Rents Tythes or other incorporeal Inheritances or any Messuages or Lands in Extraparochial Places or any Chambers in the Inns of Court or Inns of Chancery or to any Messuages or Seats belonging to any Offices or in Right of any other Messuages or Lands that have not been usually Charged and Assessed to all and every the publick Taxes Church Rates and Parish Duties Proviso Provided such Messuages or Lands have been usually Charged or Assessed to some one or more of the said publick Taxes or Duties in such Proportion as other Messuages or Lands of 40 s. per Annum within the same Parish or Township are usually Charged Note St. 10. A c. 23. The Form of the Freeholders Oath required by the 7 8 W. 3. was abolished by this Statute and the following Form Substituted viz. You shall Swear or being a Quaker Freeholder's Oath you shall in the presence of Almighty God Declare that you are a Freeholder in the County of and have Freehold Lands or Hereditaments lying or being at in the County of of the yearly value of 40 s. above all Charges payable out of the same And that such Freehold Estate hath not been made or granted to you Fraudulently on purpose to qualifie you to give your Vote and that the Place of your Aboad is at in the County of And that you have not been Polled before at this Election The Form of the Oath to be taken by Freeholders c. on an Objection made by Statute 12 Annae viz. I. A. B. Doe in the presence of God Swear Freeholder's Oath by St. 12. Ann.
Great Britain or of Commissioners for choosing Burgesses in Scotland to administer the Abjuration upon Oath or Affirmation to Quakers and Electors refusing it incapable to vote or being a Quaker shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act of Parliament made 7 W. 3. to be administred by the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members to serve in the House of Commons for any Place in Creat Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present shall not be capable of giving any Vote for any Election of any such Member to serve in the House of Commons for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland That no Register for the Registring Memorials of Deeds St. 6 Ann. c. 35. The Register for the East-Riding of Torâ—shire c. or his Deputy incapacitated Conveyances Wills c. within the East-Riding of the County of York or the Town and County of Kingston upon Hull or his Deputy for the Time being be capable of being chosen a Member to serve in Parliament Vide ante 212. That no Person shall be capable to sit or vote as a Member of the House of Commons St. 9 Ann. Persons incapacitated to sit or vote in the House of Commons who have not an Estate Freehold or Copyhold for Life or greater in England of 600 l. for a Knight of the Shire manfully and 300 l. for a Citizen Burgess c. and if any such elected c. the Election c. void for any County City c. within that Part of Great Britain called England c. who shall not have an Estate Freehold or Copyhold for his own Life or for some greater Estate either in Law or Equity to his own Use in Lands Tenements or Hereditaments above what will satisfy and clear all Incumbrances within that Part of Great Britain called England c. of the annual Value of six hundred Pounds above Reprizes for every Knight of a Shire and of three hundred Pounds above Reprizes for every Citizen Burgess c. And if any Persons elected or returned to serve in any Parliament as a Knight of a Shire or as a Citizen Burgess c. shall not at the Time of such Election and Return be seized of or intituled to such an Estate before required such Election and Return shall be void Nothing in this Act contained shall extend to make the eldest Son or Heir Apparent of any Peer or Lord of Parliament Eldest Son or Heir Apparent of a Peer or Person qualified to serve as a Knight of a Shire excepted Universities in England also excepted or of any Person qualified by this Act to serve as Knight of a Shire uncapable of being elected and returned and sitting and voting as a Member of the House of Commons Nor extend to either of the Universities in that Part of Great Britain called England but that they may elect and return Members to represent them in Parliament as heretofore they have done No Person shall be qualified to sit in the House of Commons No Person qualified by Virtue of a Mortgage unless in Possession of the mortgaged Premisses for seven Years before his Election by virtue of any Mortgage whereof the Equity of Redemption is in any other Person unless the Mortgagee shall have been in Possession of the mortgaged Premisses for seven Years before the Time of his Election Every Person except as aforesaid who shall appear as a Candidate Candidates to be sworn to their Estates if required by any other Candidate or two Electors or shall by himself or any others be proposed to be elected shall upon Request at the Time of such Election or before the Day to be prefixed in the Writ of Summons for the Meeting of the Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having Right to vote at such Election take a Corporal Oath in the Form in this Act contained which see ante The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff Before the Sheriff or other Officer by whom the Poll is to be taken or Return made or 2 or more Justices of the Peace The Election and Return of Candidates refusing to take the Oath void for any County or by the Mayor Bailiff or other Officer or Officers for any City Burrough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. And if any of the said Candidates c. shall wilfully refuse to take the Oath the Election and Return of such Candidate or Person shall be void That from and after the Determination of this present Parliament 2 St. 12 Ann. No Conveyance or Right whereon Infeoffment is not taken and Seisin registred a Year before the Teste of the Writs shall intitle the Person to be elected in any Shire or Stewartry in Scotland The like as to Inoffments not taken a Year before the Date of the Warrant for a new Writ during 〈◊〉 Continuance of a Parliament Any Elector present suâ—pecting Persons to have Estates in Trust may require the Praeses of the Meeting to swear such to their Estates no Conveyance or Right whereupon Infeoffment is not taken and Seisin registrated one Year before the Teste of the Writs for calling a new Parliament shall upon Objection made in this Behalf intitle the Person so infeost to be elected at that Election in any Shire or or Stewartry in Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoever whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf intitle the Person so Infeoft to be elected at that Election and that it shall be lawful for any of the Electors present suspecting any Person or Persons to have his or their Estates in Trust and for Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained intituled The Form of the Freeholders c. Oath to be taken upon Objection made by Stat. 12. Annae and is the same mutatis mutandis to any Elector and the said Praeses is required to administer the same In case such Elector Electee Q. refuse to Swear On Refusal to swear and subscribe the Oath incapable to be elected Stat. 1 G. 1. c. 13. and also to subscribe the said Oath such Person or Persons shall not be capable of being Elected at such Election That after the 29th of September 1715 no Person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or
sit there during any Debate in the said House of Commons After 29 Sept. 1715 No Member to vote before taking the Oaths after the Speaker is chosen until such Peer or Member shall from Time to Time respectively take the Abjuration Oath which Oath see instead of the Oath of Abjuration which before by Law ought to have been taken in such Manner and together with such other Oaths and Declaration against Transubstantiation as the said former Oath of Abjuration ought to have been taken And further That if any Person that now is or hereafter shall be a Member of the House of Commons Penalty in this or any succeeding Parliament Vid. ante and after the said 29th of September presume to vote not having taken the said Oath and subscribed the same as aforesaid every such Member so offending shall be disabled to sue or use any Action Bill Plaint or Information in any Court of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or be capable of any Legacy or Deed of Gift or to be in any Office within this Realm of Great Britain or to vote at any Election for Members to serve in Parliament and shall forfeit the Sum of five hundred Pounds to be recovered by him or them that shall sue for the same to be prosecuted by Action of Debt Suit Bill Plaint or Information in any of His Majesty's Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie or any more than one Imparlance Note and by Way of summar Complaint before the Court of Justiciary in Scotland Enacted St. 1 G. 1. c. 56. Persons having Pensions from the Crown incapacitated That no Person having any Pension from the Crown for any Term or Number of Years either in his own Name or in the Name or Names of any other Person or Persons in Trust for him or for his Benefit shall be capable of being elected or chosen a Member of or for sitting or voting as a Member of this present or any future House of Commons which shall be hereafter summoned Enacted Penalty 20 l. per Day That if any Person who shall have such Pension as aforesaid at the Time of his being so elected or at any Time after during such Time as he shall continue or be a Member of the House of Commons shall presume to sit or vote in that House then and in such Case he shall forfeit twenty Pounds for every Day in which he shall sit or vote in the said House to such as shall Sue for the same in any Court in Westminster-Hall with full Costs by Action of Debt Bill Plaint or Information in which no Essoign Privilege Protection or Wager of Law shall be allowed and only one Imparlance Enacted Stat. 3 G. 1. c. 18. No Member of the Bank disabled St. 3 G. 1. c. 9. Nor of the South-Sea Company That no Member of the Bank of England shall be disabled from being a Member of Parliament See Stat. 5.6 W. M. c. 20. ad idem Enacted That no Member of the South-Sea Company shall be disabled from being a Member of Parliament Enacted That no Governor Director or other Officer of the Corporations for Assurance of Ships St. 6 G. 1. c. 18. Nor Governor c. of Corporations for Assurance of Ships shall be disabled from being a Member of Parliament Enacted That the late Governor St. 7 G. 1. c. 28. The late Governor and Director of the South-Sea Company disabled Deputy-Governor Directors Cashire and Accomptant of the South-Sea Company and John Aislaibe Esq be disabled for ever to sit or vote in either House of Parliament I. A. B. do swear That I truly and bona fide The form of the Candidate's Oath to be taken if required by Stat. 9. Annae have such an Estate in Law or Equity to and for my own Use and Benefit of or in Lands Tenements or Hereditaments over and above what will satisfy and clear all Incumbrances that may affect the same of the annual Value of Six hundred Pounds above Reprizes as doth qualify me to be elected and returned to serve as a Member for the County of according to the Tenor and true Meaning of the Act of Parliament in that Behalf and that my said Lands Tenements or Hereditaments are lying or being within the Parish Township or Precinct of Or in the several Parishes Townships or Precincts of in the County of Or in the several Counties of as the Case may be The like Oath Mutatis Mutandis as to the Value of 300 l. per Annum to be taken by Candidates for a City Borough c. CHAP. XII Of Returns of Sheriffs c. And Amendments of Returns COncerning the Punishment of Sheriffs for their Negligence in returning of Writs 5 R. 2. St. 2. c. 4. or for leaving out of their Returns any City or Borough which ought to send Citizens and Burgesses See the Stat. hereafter p. 229. Every Sheriff who doth not make true Return of Elections of Knights St 8 H. 6. c. 7. 23 H. 6 c. 15. Vide Cromâ—ton's Juris 3. Hakewel 48. Citizens and Burgesses to come to Parliament shall forfeit an hundred Pounds to the King and an hundred Pounds to the Party injured and be imprison'd for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending shall pay forty Pounds to the King and forty Pounds to the Party See the Stat. hereafter p. 236. Note This Action to be by the Party within three Months after the Parliament commenced or after by any other Man who will If the Party do not Hakewel 49. Vide Crompton's Juris 3. and prosecute his Suit with Effect and without Fraud any other Man who will may have the said Suit for the said hundred Pounds as the Knight had and Costs of Suit also shall be awarded to the said Knight or any other who will Sue in his behalf The Sheriff shall make a good Return of his Writ Hakewel 51. and of every Return of the Mayor and Bailiff or Bailiffs where no Mayor is to him made The Burgesses of Leskard in Cornwal being Elected Towns Col. 63. the Town refused to deliver up their Indenture to the Sheriff but the Party Elected made his Indenture and deliver'd it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff having endorsed it upon his Writ but this Indenture was never executed by the Sheriff nor returned and yet this Return was held by the Committees to be good Jan. 1641. Ordered Nalson 870. That the High-Sheriff of the County of Sussex who has return'd two Indentures for the Town of Arundel shall be summon'd to appear here at the Bar to amend his Return Sir Simon d'Ewes Jour 490. Col. 2. 35 Eliz. 1592. It was said by the Speaker No Return can be amended in this House For the Writ and the Return are in Chancery
Barons only i. e. By Reason of the Temporal Baronies annexed to their Bishopricks and not as they are Spiritual Persons And they further urge in Confirmation of their Opinion 1. That no Bishop notwithstanding his Election Consecration Confirmation c. can be a Lord of or sit in Parliament till the King has granted to him the Temporalities of the Bishoprick 2. N. B. Tho this Stat. was repealed by Q. Mary yet that Repeal was repealed by Q. Elizabeth c. As the Parliamt at Bury 24 E. 1. 1 Eliz. all the Acts about Religion passed Dissentientibus Episcopis See Journal Dom. Procer 11 H. 7.27 Bro. Par. 107. Kelway 184. 3 The Commons See hereafter See Sadler's Rights p. 79. to 93. That by Virtue of the Stat. 1 E. 6. c. 2. still in Force The King may constitute Bishops by his Letters Patent only without any Election or Consecration and 3. That Parliaments have been and may be held Excluso Clero exclusive of the Bishops and Clergy and that some of our most beneficial Statutes have been enacted whereto the whole Body of the Clergy dissented all which they say prove the Bishops to be no essential Part or any of the three Estates of Parliament And in Trinity Term 7 H. 8. tis agreed by all the Judges of England That the King may well hold his Parliament by himself and his Lords Temporal and Commons without any Bishops or Spiritual Lords at all The third Estate of which we shall herein principally treat is on all Hands confess'd to consist of the Knights Citizens and Burgesses with the Barons of the Cinque-Ports all which being at this Day elected by the free Votes of the Freemen of Great Britain are properly esteem'd the Representative Body of the People and constitute that Part of the Parliament usually called the House of Commons N. B. The antient Modus Tenendi Parl. reckons up six Degrees or Orders of Parliament but that Division cannot be denominated six Estates The Numbers of the Commons Numb of Commons formerly See Mr. Willis's Preface to his 1 Vol. of Net Parl. Prynn of Parliamentary Writs I find to have been formerly variant according as the Sheriffs of Counties from what Motive is uncertain were pleased to direct their Precepts to the several Cities or Burros within their respective Counties or as the same Sheriffs made their Returns thereupon But indeed another Cause of this Variation was That it was usual for the Prince on his Accession to the Throne to grant Charters to antient Demesne Vills and other popular Towns thereby erecting 'em into free Burros and this consequently gave 'em a Right to be represented in Parliament And by this Artifice among others the Crown advanced its Interests in the House of Commons For it must be confess'd That by the antient Constitution there were no Representatives of the Commons as Commons in Parliament besides the Knights for the Shires the Barons for the Cinque Ports Crompt of Courts f. 2.3 c. Stat. 23. H. 6. c. 11. the Citizens for the Cities and the Burgesses for the ancient Burros only and that the Elections for all those were to be made by such Persons only as were possess'd of Lands or Tenements held by them as Freeholds or free Burgage Tenures which consequently excluded all Villeins and Copyholders Stat. 12. R. 2. c. 12. Crom. 2.3.4.5 Bro. Ant. Dem. 43â— as also Tenants in antient Demesne which were but the King's Villeins and the Tenants and Dependants of other Lords Parl. 96. Reg. 261. Nat. Bre. 14. from being either the Electors or elected of the House of Commons Indeed the Practice of increasing the Number of the Representatives of the Commons See Bohun's Col. per Tot. began very early viz. Temp. Johan if not before for I find it a Practice of that Prince to grant usually in Consideration of Money c. Charters to Antient demesne Towns as generally all Sea-Port Towns were thereby erecting 'em into free Burroughs The Representative of London and West p. 14. 10 p. 21. Spelm. in voce Major and hence it was as I conceive That Bridport Dorchester Harwich Helstone Kingston upon Hull and divers other antient demesne Towns came to be erected into free Burros which originally had no Right of being represented in Parliament But whatever Methods were then taken to encrease the Number of the House of Commons I find their Number to be much the same from the End of H. the 6th's Reign Fortescue p. 40. to the Beginning of that of H. the 8th viz. about 300. That H. 8. MS. Penes Authorem added to their Number 38. King Ed. 6. added to their Number 44. Queen Mary added to their Number 25. Queen Elizabeth added to their Number 62. King James the 1st added to their Number 27. And King Charles the 1st about 10. or 12. so that at the Time of the Restoration of King Charles 2. I find their Numbers to have been about 500. But the Commons about that Time restrained this mischievous Practice for the Future so that they declared the Elections made by Virtue of that Prince's Charters void and as Chester had been enabled to send two Members for the County and two for the City by Virtue of a Sta. 34.35 St. 34.35 H. 8. c. 13 St. 25. C. 2. c. 9. H. 8. so an Act past in the 25 Car. 2. enabling Durham to send four Members in like Manner and thus the Number of the House of Commons stood at 513 till the Union of the Kingdoms of England and Scotland when by Virtue of the Union Act St. 5. An. c. 8. forty-five Scottish Members were added which made the whole Number of that House to be 558 as it now stands Mr. Prynn and Others observe Denominations of Parliam Prynn's Rights of the Com. c. p. 99. 99. Spelm. Glossary in verb. Parlam Debata That our Ancestors had many Expressions and Phrases which signify'd a Parliamentary Assembly as Magnates Regni Omnes Regni Nobiles Proceres et Fideles Regni Universitas Regni Communitas Regni Discretio Totius Regni Generale Concilium Regni and many others varying the Stile in successive Ages till at length it came to be fix'd in the Word Parliament See divers Records and Precedents touching this Matter in the Appendix to Mr. Petyt's Miscellanea Parliamentaria Mr. Prynn also says Prynn's Truth triumphing over Falshood c. f. 69. Petyt's Antient Rights c. p. 68. That by many antient Precedents before the Conquest it is apparent that all our pristine Synods and Councils were nought else but Parliaments and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voted in them as Members and Judges And Mr. Lambard Sir Robert Atkyns's Argument p. 18. see hereafter in his Archaeion maintains That Parliaments were used in the Saxon Times as in the Time of King Ina Ann. 712 and other Saxon Princes and that they then consisted of King Lords and Commons And that the