eligendum deputandum Milites pro hujusmodi Comitatibus ad interestendum Parliamento ought to be free in chusing and deputing Knights to be present in such Parliaments for each respective County and to declare their Grievances and to prosecute such Remedies thereupon prout eis videretur expedire as to them should seem expedient Yet the King ut in Parliamentis suis liberiùs consequi valeat suae temerariae Voluntatis effectum that he might in his Parliaments be able more arbitrarily to accomplish the effects of his head-strong will did very often direct his commands to his Sheriffs ut certas personas per ipsum Regem nominatas ut Milites Comitatuum venire faciant ad Parliamenta sua that they should cause to come to his Parliaments as Knights of the Shire certain Persons named by the King which Knights being his Favourites he might lead as often he had done quandóque per minas varias terrores quandóque per Munera sometimes by various Menaces and Terrors and sometimes by Gifts to consent to those things as were prejudicial to the Kingdom and exceeding burthensome to the People and especially to grant to the King a Subsidy on Wool for the term of his Life and another Subsidy for certain Years thereby too grievously oppressing his People I shall descend from that unfortunate Prince to King 23 H. 6. cap. 15. Hen. 6. and there in the 23d year of his Reign almost 256 years ago a Statute was made intituled Who shall be Knights for the Parliament The manner of their Election The Remedy where one is chosen and Pulton's Stat. fol. 349. another returned In the Body of which we read That every Sheriff after the delivery of the Writ to him made shall make and deliver without fraud a Precept under his Seal to every Mayor and Bailiff or Bayliffs or Bailiff where no Mayor is of the Cities and Buroughs within his County reciting the Writ commanding them if it be a City to chuse by Citizens of the same City Citizens and if a Burough Burgesses to come to the Parliament and such Officers as aforesaid shall return Lawfully such Precept to the same Sheriff by Indentures between them of such Elections and the Names of the Citizens and Burgesses so chosen and thereupon every Sheriff shall make a good and Rightful Return of every such Writ and of every Return by such Officers as aforesaid And every Sheriff at every time that he does contrary to this Statute or any * 3 E. 1. other Statutes for the Election of Knights Citizens and Burgesses shall incur the pain contained in the Statute of 8 H. 6. which is to 8 H. 6. cap. 7. forfeit 100 l. to the King and suffer Note The difference of the Value of 100 l. then and 100 l. now for K. H. 8. left to his Two Daughters by his Will no more than 10000 l. a piece who were afterwards Queens of England a Years Imprisonment without Bail or Mainprize and moreover shall forfeit and pay to every Person so chosen Knight Citizen or Burgess and not duly returned or to any other Person who in default of any such Knight Citizen or Burgess will sue 100 l. more to be recover'd by Action of Debt against the said Sheriff or his Executors The publick Detestation and Abhorrence of pack'd Returns of Knights Citizens and Burgesses to Parliament or Administrators with his or their Costs in such case dispended inwhich Action the Defendant shall not wage his Law nor have any Essoign allowed And in the same manner at every time that any Mayor and Bailiffs or Bailiff or Bailiffs where no Mayor is shall return other than those who be chosen by the Citizens and Burgesses of the Cities or Buroughs where such Elections shall be made they shall incur and forfeit to the King 40 l. and moreover 40 l. to the Person so chosen and not returned to be recovered in manner as aforesaid by such Person chosen or any other who in their Default will sue for the same One would imagine that after such an Act as this was made it should scarce ever be attempted by any to invade our Liberties especially in a point that so nearly concerns the Salvation of all our Interests For as the old Lord Treasurer Burleigh who was accounted the greatest Statesman that ever this Nation had was often heard to say That England could hardly ever be ruined unless it were by her own Parliaments so we need never to fear that Parliaments will undo us unless we suffer ourselves to be cozen'd into Slavery by being cheated out of our Best and Highest Rights I mean †Prince of Orange's Declaration our Entire Freedoms of Electing such for our Representatives with whom we can with confidence trust our Religion Lives Honours Liberties Estates and Posterity But if the Nation shall at any time hereafter be so careless as to permit a pack'd House of Commons to be put upon her she may then indeed be given up as an easie Prey to the Arbitrary Pleasure and Lust of those contriving Managers of her Ruin and what will still add Weight and Aggravation to her Misery as she falls with Scorn so she will fall unpitied to all Christendom Thus was that weak Prince King Henry the Sixth 23 H. 6. 38 H. 6. call'd the Coventry Parliament imposed upon by his evil Councellors and Favourites but fifteen years after the making of this last mentioned Statute and what were the miserable Effects thereof you shall hear the Parliament of the next Year following at Westminster declare in these words That divers seditious and evil disposed Persons having no regard 39. H. 6. cap 1. Rastalls Stat. fol. 287. to the Dread of God nor to the Damage of the prosperous Estate of the King nor his Realm sinisterly and importunely did labour with the King to summon a Parliament to be holden at his City of Coventry the 20th day of the Month of November the 38th year of his Reign only to destroy certain of the great Nobles faithful and lawful Lords and Estates of the King's Blood and other of the faithful Liege-people of the Realm of England for the great Rancour Hatred and Malice which the said Seditious Persons of long time have had against them And of their greedy and insatiable Covetousness to have the Lands Hereditaments Possessions Offices and Goods of the said Lords and faithful Liege-people by which sinister labour certain Acts Statutes Ordinances against all good Faith and Conscience in the said Parliament were made finally to destroy the said lawful Lords Estates and Liege-people and their Issues as well Innocents as other and their Heirs for ever which Parliament was unduly summoned and a great part of the Knights for divers Counties of this Realm and many Burgesses and Citizens for divers Buroughs and Cities in the same appearing were named Returned and accepted some of them without due and free Election some of
FREEDOM of ELECTIONS TO PARLIAMENT A Fundamental Law and Liberty OF THE English Subject AND SOME PRESIDENTS Shewing the Power of the House of Commons To inflict Punishments on Those who have been Guilty of Misdemeanours either in Elections or Returns In a Letter to a Member of PARLIAMENT According to the Constitution of the English Government and Immemorial Custom All Elections of Parliament-men ought to be made with an Entire Liberty without any sort of Force or requiring the Electors to chuse such Persons as shall be named to them and the Persons thus freely Elected ought to give their Opinions freely upon all matters that are brought before them having the Good of the Nation ever before their eyes and following in all things the Dictates of their Conscience P. of Orange's Declaration London Printed for Dan. Brown at the Black-Swan and Bible without Temple-Bar and Tim. Goodwin at the Maiden-head over-against St. Dunstan's Church in Fleet-street 1690. SIR ACcording to your Commands I have now sent you out of my little reading a true Information of what Punishments the House of Commons have inflicted upon such Persons who by fraud force or bribery have violated the Ancient Liberties and Freedoms of the Commons of England in making undue Returns of Members to serve in Parliament And what I have here done in pure Obedience I hope you will receive with all friendly Candor and Benignity but you will give me leave first I hope to say something concerning our undoubted Right to the Freedom of Elections I find it Sir very clear that it hath been accustomed of old times to have Free Elections and that this was a Fundamental Law and Liberty of England For the Statute of Westminster the first which was made above four hundred years ago by the Assent An. Dom. 1274. of the Archbishops Bishops Abbots Priors Earls Barons and all the Comminalty of the Realm thither summoned provideth That Elections should be freely and duly made without any disturbance whatsoever but I will give it you in its own words Because Elections ought to be Free the King Rastall's Stat. fol. 15. 3 E. 1. cap. 5. commandeth upon great Forfeiture That no Great Man nor Other by force of Arms nor by malice or menacing shall disturb any to make Free Election For it was a Right and Liberty which the good People of England had confirmed to them fifty years An. Dom. 1224. before as appears by the 9th Chapter of the Statute of Magna Charta Anno 9. Hen. 3. which says That the City of LONDON shall have ALL the Old Magna Charta 9 H. 3. cap. 9. Liberties and Customs which it hath been used to have And then it does immediately follow Moreover We will and grant That ALL other Cities Burroughs Towns and the Barons of the Five Ports and all other Ports shall have all their Liberties and Free Customs Liberties are here taken for Priviledges such as my Lord Coke says of Right the People had before And in his Comment upon the abovementioned 2. Inst fol. 168 169. Chapter of Westminster 1. he bids us see the Statute of 7 H. 4. which says That for Knights of the Shires 7 H. 4. cap. 15. for the Parliament in full County a free and indifferent Election shall be made notwithstanding any Prayer or Commandment to the contrary This Statute was made at the grievous Complaint of the Commons being interrupted of their Free Election 4 Inst fol. 10. by the King's Letters Patents by pretext of an Ordinance in the Lords House in 46 Edw. 3. but for Rot. Parl. 46 E. 3. n. 13. the future it was to be sine prece without any Prayer or Gift and sine proecepto without Commandment of the King by Writ or otherwise or of any other And he says this was an Act but declaratory of the Ancient Law and Custom of Parliament There were two Mischiefs before the making of this 2. Inst 169. Statute as my Lord Coke observes 1. For that Elections were not duly made 2. That Elections were not freely made And both these were against the ancient Maxim of the Law Fiant Electiones ritè liberè sine interruptione aliqua And again Electio libera est for before Regula 7 H. 6. 12. ◠this Act in the irregular Reign of H. 3. the Electors had neither their free nor their due Elections for sometimes by force sometimes by menaces and sometimes by malice the Electors were framed or wrought to make Election of Men Unworthy and not Eligible so as their Election was neither due nor free This Act briefly rehearseth the Old Rule of the * Note Common-Law is general Prescription and that Prescription is before 1 R. 1. who was elder Brother to King John Father to H. 3. Common-Law for that Elections ought to to be free wherein both the said Points are included 1. It must be a due Election and 2. It must be a free Election This Statute doth enact That no Man upon grievous Forfeiture shall disturb any to make free Election and is excellently penned in two respects First For that generally it extendeth to all Elections that is to say to every Dignity Office or Place elective be it Ecclesiastical or Temporal of what kind or quality soever The Act is penned in the Name of the King viz. The King commandeth and therefore the King bindeth himself not to disturb any Electors to make free Election as in the like Case upon a Statute made in the Reign of the said King the Act saying Rex Westm 2. 13 E. 1. cap. 1. 2 Inst 332. perpendens c. the same bound the King Now that Electors might make free and due Elections without displeasure or fear thereof by this Act of Parliament as a sure defenee the King commandeth the same upon grievous forfeiture And this Act extends to All Elections as well by those that at the making of this Act had Power to make them as by those whose Power was raised or created since this Act. Grievous Forfeiture That is the Disturbers Nota benè to be punished by grievous Fines and Imprisonments Thus far the Learned Chief-Justice Coke And it is observed says the same Great Man that 4 Inst 1. when there is best Appearance there is the best Success in Parliament Therefore there was a special Act of Parliament made on purpose in the 5th R. 2. to command all Rast Stat. 140. 5 R. 2. cap. 4. and singular Persons and Communalties which from thenceforth should have the Summons of the Parliament to come to the Parliament in the manner as they were bounden to do and had been accustomed within the Realm of England of old times And if any person so summoned be he Archbishop Bishop Abbot Prior Duke Earl Baron Banneret Knight of the Shire Citizen of City Burgess of Burgh or other singular Person or Communalty should absent himself and come not at the said Summons except he
her That Queen Mary's first Parliament wherein She and Idem fol. 820. Col. 2. her Council grounded and wrought a great part of their Tyranny and wherein they meant to overthrow whatsoever King Edward had for the Advancement of God's Glory brought to pass was of no force or Authority For she perceiving her Enemies stomach could not be emptied nor Her malice spewed on the People by any good Order she committed a great Disorder She by Force and Violence took from the Commons their Liberty that according to the Ancient Laws and Customs of the Realm they could not have ☞ their Free Election of Knights and Burgesses for the Parliament for she well knew that if either Christian-men or true English men should be elected it was not possible that to succeed which she intended And therefore in many places divers were chosen by force of her Threats meet to serve her malicious Affections wherefore that Parliament was no Parliament but may be justly called a Conspiracy of Tyrants and Traytors for the Great Part by whose Authority and Voices things proceeded in that Court by their Acts most manifestly declared themselves so the rest being both Christians and true English-men although they had good wills yet were not able to resist or prevail against the multitude of Voices and Suffrages of so many evil false to God and Enemies to their Country Also divers Burgesses being orderly chosen and lawfully returned as in some places the people did what they could to resist her purposes were disorderly and unlawfully put out and others without any Order of Law in their places placed But it was meant at the first and First Constitution Sir Simonds D'Ewe's Journ fol. 170. Col. 2. 13 Eliz. 1571. of Parliament as is observed by a Learned Member in Sir Simonds D'Ewes Journal That Men of every Quarter and of all sorts should come to the Commons House and that they should be Freely Chosen And therefore he says In Queen Mary's time a Idem Ibid. Col. 2. Council of this Realm not the Queens Privy Council did write to a Town to chuse a Bishop's Brother and a great Bishop's Brother he was indeed whom they assured to be a good Catholick Man and willed them to chuse to the like of him some other fit Man The Council was answer'd That they were prohibited by Law And then he goes on ' If all Towns in England had done the like in their Choice the Crown had not been so wrong'd and the Realm so robb'd with such ease at that Parliament of Queen Mary's and Truth banished as it was And he adds What hath been may be there is no impossibility And accordingly it happened in the same 13th year of Queen Elizabeth that a Burgess by Bribery had got to be Elected but what His and the Corporations Punishments were for such foul dealings I will now set down as the first Precedent 1. Forasmuch as Thomas Long Gentleman returned one of the Burgesses for the Burrough of Westbury Sir Sim. ut sup fol. 182. Col. 2. in the County of Wilts for that present Parliament being a very simple Man and of small Capacity to serve in that Place did in open Court confess That 10 May 13 Eliz 1571. Vid. 4 Inst 23. he did give to Anthony Garland Mayor of the said Town of Westbury and unto one Wats of the same Town the Sum of Four Pounds for that place and room of Burgesship It was Ordered by the House That the said Anthony Garland and the said Wats should forthwith repay unto the said Thomas Long the same Sum of Four Pounds And also that a Fine of Twenty Pounds be assessed upon the said Corporation or Inhabitants of the said Town of Westbury for the Queens Majesties Use for their said lewd and slanderous Attempt And that the said Thomas Long his Executors and Administrators should be discharged against the said Anthony Garland and Wats their Heirs Executors and Administrators of and from all Bonds made by the said Thomas Long to any person or persons touching the discharge of the exercise of the said room or place of Burgesship in any wise And on the 11th of May it was Ordered That a Pursuivant be sent with Letters from the House to Anthony Garland Mayor of the Town of Westbury in the County of Wilts and Wats of the same Id. Ibid. Town for their personal appearance forthwith to be made in the House and also to bring with them all such Bonds as Thomas Long Gentleman lately returned one of the Burgesses for the same Town standeth bound in unto Them or either of them or unto any Other to their Use And also to answer unto such Matters as at their coming shall be objected against them by the House 2. In the Parliament of the 18th Jacobi primi the 2. The Mayor of Winchelsea's Case Journ Dom. Com. 18 Jac. 1. Mayor of Winchelsea for misbehaving of himself at the Election of Parliament-men for that Town and for making a False Return was complained of and therefore it was upon the Question Resolved That the Mayor of Winchelsea had committed a The Judgment of the House against him Contempt and Misdemeanour against that House and therefore shall stand committed to the Serjeant till Saturday morning then making his Submission there at the Bar to be discharged of any further Punishment there But he was to make his further Acknowledgment in N. B. the Town before the New Election 3. Anno 20º of King James the First Dr. Harris Minister of Blechingly who had misbehaved himself by 3. Dr. Harris ' s Case Journ Dom. Com. 20 Jac. 1. Preaching and otherwise with respect to Election of Members of Parliament there and being complained of in the House and referred to a Committee The Committee was clearly satisfied That it was a High and Great Offence and they are of Opinion he should be called to the Bar as a Delinquent to be admonished and to confess his Fault there and in the Country and in the Pulpit of his Parish-Church on Sunday seven-night before the Sermon The Doctor was brought to the Bar and kneeled the House agreed with the Committee and Mr. Speaker pronounced Judgment upon him accordingly 4. In the same year of the same King upon the 4. The Mayor of Arundel ' s Case Journ Dom. Com. 20 Jac. 1. Report of Mr. Glanville concerning the Burrough of Arundel because the Mayor had misbehaved himself in the Election by putting the Town to a great deal of Charge not giving a due and general warning but pack'd a number of Electors It was Resolved 1. That a Warrant be sent for the Mayor he not being then in Town And 2. That three Members shall set down the Charges and the Mayor shall pay them 5. Anno 20º King James the First Mr. Glanville 5. The Case of Ingray the Under-Sheriff of Cambridgshire Journ Dom. Com. 21 Jac. 1. reports the Misdemeanour of the Under-Sheriff of
Cambridgeshire who refused the Poll declaring Sir Thomas Steward promised him to defend him against Sir John Cutts and told him he should have no wrong nor damage Resolved upon the Question 1. That this Vnder-Sheriff shall be committed to the Serjeants Custody till Thursday next 2. That making his Submission at the Bar and acknowledging his Offence he shall be discharged from any further Punishment in this place 3. That the Vnder-Sheriff shall make a further submission openly at the next Quarter-Sessions to be holden in the County and acknowledg his faults Edward Ingry was brought to the Bar and kneeling upon his knees Mr. Speaker denounced the Judgment of the House upon him 6. In the Parliament Anno 3 Caroli 1. Wherein 6. The Case of Sir W. Wray Mr. Langton Mr. J. Trelawny and Mr. E. Trelawny Journ Dom. Com. 3 Car. 1. the excellent Petition of Right or rather a Comment or Explanation of several Branches of Magna Charta was made Sir William Wray Mr. Langton Mr. John Trelawny and Mr. Edward Trelawny being Deputy-Lieutenants of the County of Cornwal assumed to themselves a Power to make whom They only pleased Knights of the Shire defamed Sir John Elliot and Mr. Coryton who stood to be chosen sent up and down the Countrey Letters for the Trained-Bands to appear at the day of Election menac'd the Countrey under the Title of His Majesties Pleasure It was Ordered 1. That Mr. Langton and Mr. John Trelawny be committed to the Tower for their Offence done to the House there to remain during the Pleasure of the House and that they make a submissive acknowledgment of their Offences 2. And Sir William Wray and Mr. Edward Trelawny be committed to the Serjeant and so to remain till they make their Recognition in the House After all which the Question was Whether the Gentlemen should make the Recognition at the Assizes in Cornwall or No And it was Ordered That the Recognition and Submission should be made in the Countrey and a Committee was appointed to draw the Recognition and they were sent to the Tower The Four Gentlemen were called in to the Bar and the Speaker pronounced the Judgment upon them they kneeling all that time 7. Mr. Hackwell reports from the Committee about 7. The Case of the Sheriffs of York and others Journ Dom. Com. 3 4 Car. 1. Tuesday April 29. Sher. Thompson ' s Two Offences the Sheriffs of York and others for the Election of Sir Thomas Savill The Two Sheriffs and the Two Aldermen are Delinquents one of the Sheriffs and one of the Aldermen are most faulty Sheriff Thompson had committed Two Offences 1. His hasty and precipitate Judgment of the Election His First to prevent the Election of Hoy. 2. In denying the Poll being required His Second First his hasty and precipitate Judgment was done without acquainting his Fellow-Sheriff and it was within a quarter of an hour after the reading of the Writs and half an hour after nine a Clock and while he was doing of it he was admonished and told that he could not answer it and that he might defer it yet he did obstinately proceed and answered them frowardly and said he would do it and that he would justify it His Excuse was That it was indeed suddenly done His Excuse but it was done so formerly But to that it was replied that never before above two were in Election Secondly he answer'd That it was not of his own head but some Aldermen advised it but that was Alderman Cooper a Delinquent for that Offence For the other Offence in denying the Poll after it His 2d Offence was demanded and that was before he had pronounced any Judgment but he was willing that Robinson should have the Poll for he knew he could not carry it but he refused Hoy and he was required ten times but His Impudent Behaviour gave no answer at all His Behaviour before the Committee was impudent and he would answer nothing directly The Committee found this man to be an engaged man and that he was promised to be saved harmless For Alderman Henlow he procured the Company of Ald. Henlow Taylors two days before the Election and published Sir John Savill's Letter and pressed it and upon some he pressed it so much that they should elect Sir Thomas Savill and said the Parliament will not hold He dealt with the Sheriffs also and told them divers words of Sir John Savil that he would take it very ill and said he if you will chuse Sir Thomas Savill you shall be saved harmless Also he endeavoured to procure a Certificate that Sir Thomas Savill was duly elected when any refused he said they were factious fellows and otherwise threatned The Committee censured Sheriff Thomson and this The Committees Censure Alderman Henlow First That they should stand committed to the Serjeant during pleasure Secondly That they should acknowledg their Offences at the Bar in the Full House and pay all due Fees before they be discharged Thirdly Also they should defray all the Charges of the Witnesses of Alderman Hoy to be assessed by Four of the Committee Lastly And that they should make acknowledgment of their Fault before the Court of Aldermen at York and that the Mayor should certisie the Submission to the House As for Alderman Cooper he assembled the Company Ald. Cooper of Merchants and read Sir John Savil's Letter for the Election of his Son and also he at the Election persuaded the Sheriff to give Judgment Sheriff Atkins was only passive and did not refuse Sher. Atkins to join with the other Sheriff As for the point of Charges given to the Witnesses of Hoy it was doubtful and objected against by some whether in the Power of the House but it was replied That in every Court it is necessary to have Power to impose Fines and why we should want Power for Offences that lie in our cognizance is not to be questioned else the Party that is duly Elected and that justifies the Free Election and maintains the Freedom and Liberty of the Common-wealth shall be more punished than the Delinquent also we have power to imprison which is more than a Fine also we have as much as the Lords House in those things that lye in our Jurisdiction Several Instances were here given of Fining persons which I omit I shall observe as to their Power of Imprisoning that Crompton's Jurisdict p. 8 9 10 11. in the 34 H. 8. almost 150 years ago for Breach of Privilege the Sheriffs of London in Ferrers case were committed to the Tower of London and the Clerk who Crompton was a Learned Lawyer of the Middle Temple and Reader in 1573. the 15th year of the Queen's Reign he dedicated his Book to Sir John Puckering Knt. Lord Keeper of the Great Seal of England in the year 1594. almost 100 years ago was the occasion of the Fray to a place there called Little-Ease and
Officer of London which did the Arrest called Taylor with Four Officers to Newgate where they remained Three Days and then delivered not without humble Suit of the Mayor of London and other their Friends And the Proceedings of the Commons in this case of Ferrers in maintaining the Priviledges 〈◊〉 Hollinsh Chron. ◠1584. of their House was not only commended even by King Henry the Eighth himself but was also confirmed by divers Reasons by the Lord Chief Justice Mountague and assented unto by all the rest of the Judges But to return to the Case before us of the Sheriffs of York and Others It was upon that whole matter Ordered That Thompson and Henlow pay the Charges of Witnesses brought up about the Proof of the said Election and that shall not be discharged from the Serjeant till they pay their Fees and Four Gentlemen of the House are to moderate and set down the Charges in certain And it is Ordered That they shall be committed to the Serjeant till they make their Submission at the Bar and acknowledg their faults on their Knees and read a Submission As for the Submission to be made at York it was through great Favour remitted by the House To these few Instances out of several others which might be collected from the Journals of the Commons House give me leave to superadd the Case of the Borough of Stochbridge which happened in the last Parliament and I find it thus set down in their Printed Votes 8. Mr. Grey reports from the Committee of Priviledges 8. Votes of the H. of Commons Primo Will. Mariae no. 19. Veneris 15 die Nov. 1689. and Elections the Case touching the Election of a Member to serve in this present Parliament for the Borough of Stockbridge in the County of Southampton that there had appeared very undue practices in giving and promising several Sums of Money for procuring Voices at the said Election whereupon the said Committee had come to Three Resolutions viz. Resolved 1. That William Mountague Esquire is not duly Elected a Burgess to serve in this present Parliament for the said Borough 2. That William Strode Esquire is not duly elected a Burgess to serve in this present Parliament for the said Borough 3. That the said Election is a void Election To all which Resolves the House agreed Ordered That Richard Hewes Bailiff of Stockbridge in the County of Southampton Page Robinson Gate-house and Samuel Hall of Stockbridge aforesaid be sent for in Custody of the Serjeant at Arms attending this House for giving and taking Bribes at the said Election Resolved That William Mountague Esquire be disabled from being Elected a Burgess to serve in this present Parliament for the said Borough of Stockbridge The Question being put That William Strode Esquire be disabled in like manner it passed in the Negative A Debate arising touching the Disfranchising of the said Borough for ever hereafter from sending Burgesses to Parliament and instead thereof that Two more Knights of the Shire be chosen for the County of Southampton Resolved That the Debate be adjourned A Petition of Hewes and other Inhabitants of Stockbridge in Custody of the Serjeant at Arms attending Idem no. 29. Mercurii 27 die Nov. 1689. the House was read wherein they acknowledge their Offence in promising several sums of Money for Votes and other undue practices at the late Election there and crave Pardon of the House for the same And the Petitioners being called in and severely reproved by Mr. Speaker for their said Offences were discharged paying their Fees The next day a Petition of Page Robinson in Idem N o 30. Custody of the Serjeant at Arms attending this House was read wherein he acknowledged his Offence in giving Bribes for procuring Voices at the late Election at Stockbridge and craved the Pardon of the House for it And he being called in and severely reproved by Mr. Speaker for his said Offence was discharged paying his Fees And it was Ordered That Mr. Speaker issue his Warrant to the Clerk Idem N o. 44. die Sabbati 14. Decembris of the Crown for a New Writ for electing a Burgess for Stockbridge in the County of Southampton in the room of Mr. Mountague Thus Sir you see though our Parliaments have not yet sufficiently provided for the Regulating Elections by a General and Publick Law yet the House of Commons as an Ancient Right of their very Essence and Being from which they cannot depart have still upon Complaints made to them of foul Practices in getting the Returns of Members to serve in Parliament that have not been duly chosen always taken care to inflict suitable Punishments upon the Offenders to shew their Dislike and Abhorrence of their Crimes And I hope if it shall be proved that any notorious and scandalous Pranks have been played to get a Party of Men into your House either by Fraud or Force or whatever other unwarrantable Pretence not allowed by the Laws of this Realm that shall be ready to foment Differences create Disagreements K.'s Sp. to both Houses of Parl. 21 March 1689 90. in your Councels and disturb or delay your speedy and unanimous Proceedings upon the necessary Matters before you for the Peace and Settlement of the Nation you will make it your special Care to summon all such Criminals to your Bar and upon Conviction to give them the Justice due to their Demerits that the Acknowledgement of their Faults the Repentance for them and humble Submission to the Righteousness of your Censures may be as publick in their respective Counties Cities and Burroughs as their bold Invasions have been upon the Indubitable Rights and Priviledges of the Subject contrary to the Tenour Mag. Chart. 9 H 3. cap. 9. Spelm. Glossar i◠Magna Charta fol. 374. of the Great Charter of the Liberties of England Augustissimum Anglicarum Libertatum Diploma Sacra Anchora as Sir Henry Spelman justly calls it which says That the City of London shall have All the Old Liberties and Customs which it hath been used to have Moreover We will and grant That ALL OTHER Cities Burroughs Towns and the Barons of the Five Ports and all other Ports shall have All their Liberties and Free Customs There is a very useful Treatise lately published called Lex Parliamentaria in the Appendix whereof we read Lex Parliam pag. 319. this remarkable Note That the Chancellor cannot examine Returns to Parliament and the Reason is because thereby the County may lose the Freedom of their Elections And the Book says That by such means the King with his Council might make any Man whom they would to be of the Parliament-house against the Great Charter and the Liberties of England Now Sir as that can never be too often inculcated which ought never to be forgotten I must beg the favour to re-mind you of one thing which You and I have several times discoursed of formerly because it equally concerns the Ancient Rights of both Lords and Commons in giving their concurring Assents to the Making and Enacting of Statutes which some Sycophanting Scriblers have in this last Age been industriously labouring to deprive and rob them both of for the Advance of an Absolute and Despotick Monarchy And that is 1. That this Great Charter was not purely and meerly an Emanation of Royal Grace and Bounty which the People of England could not pretend any Right unto before but it was a restoring to them such Liberties as had been ravished from them by an usurped and encroached Power as you may observe by several Expressions in this Charter viz. Sua Jura their Rights Libertates suas their Liberties which shews plainly That they were possessed of them before and that therefore this was but a Restitution or Confirmation of them For which as my L. Coke's words 2 Inst fol. 77. are the Archbishops Bishops Abbots Priors Earls Barons Knights Freeholders and other the King's Subjects Citizens and Burgesses assembled in Parliament gave unto the King one fifteenth part of all their Movable Goods which proveth That as the Fifteenth was granted by Parliament so was this Great Charter also granted by Authority of the same 2. And that this was a * 28 E. 3. cap. 1. 36 E. 3. cap. 1. Littleton sect 108. 12 E. 4. cap. 7. Rot. Stat. 25 E. 1. m. 38. vid. 2. Instit 525. Idem 526. Statute and made 1. Per Commune Assent de tut le Roialme en temps le Roy Henry nostre Piere by the common Assent of all the Realm in the time of King Hen. 3. that is saith my Lord Coke by Authority of Parliament Or 2. As the Statute of the 15 Edw. 3. more particularly Rot. Parl. 15 E. 3. n. 50. dorso expresses the constituent Parts of the Makers of it scilicet that it was made par Seignieur le Roy Piers la Commune de la terre by the King Peers and Commons of the Land I will give you at present no further trouble but only assure you That in whatsoever you shall please to command according to the utmost extent of my Capacity you shall always find me SIR Your most Obedient Servant c.