The Sun.
London, England, 1820-05-15 00:00:00

E L E C-'l' 1 0 N S

FUR
PARMA M ENT, &c.
ro n

Amon-z the E,tnr, of Sictiftesintry's Papers after
Ins Death, and now recommended to Om Cott-
sidcrdtiu❑ of ntis Present Pat hament.

ff-i!h .41/owance,

LONDON
Printed, and are to he Sold by Ralidall Taylor
near Statioiteea-Hull. 1689.

The Parliament of England is that Supreme and
absolute Power, which gives Life and Motion to
the English Government. Ic directs and actuates
all its various procedures, is the Parent of our
Peace, Defender of our Faith, and Foundation of
our Properties; and as the Constitution of this
great Spring, and Primum Mobile of Affairs, is
in Strength and Beauty; so will also all Acts and
Performances which are derived from it, bear is
suitable proportion and similitude. For whether
the Constituting Membera of this Great Body be
such, as may give it the denomination of Sanctum
Indoctutn or Insanum, (try which Epithets some
former }'arliamt•nts have been known and distin-
guished) such will also be all the Acts ,ind Statutes
which are made by them, each natur.illy weariit
the Character and Likeness of that, to which it
owes its Beiug.
This Great Council bears a date, eozevotts per-
haps with the Originals of our Government, and
was Conitituted with softiieut prudence and cau-
tion, with relation to the Innocence and Igno•
ranee of the Times and People then in being. It
was then, that a'Deed of three inches squat e,was
ufficiew to convey away twenty good Manoors
and Lordships. But Sub:ilty and Cunning hay.
ing now made some bolder advances into the
World, we are forced to alter o:tr Measures, and
instead of Inches to take Ells. It seems therefore
necessary, as io things of smaller concernment, so
most especially iu matters of so much greater mo•
ment, (as is the Settling and fortifying our Pat lia-
ment,) so to erect its Bulwarks ants Rampiers,
that the most vigorous Attacks of Fraud anti Cot.
ruptio►. may make nu Breaches or Inrodes upon
it. It is here, our care and diligence ought to be
applyed with the greatest exactness; for as our
Laws and Government are E,t a Wished, we can de.

rive our altp.piuess or Misery from no °Hirt
Source. It is from the Fruit of this Great Coun-
cil that we must expect our Nutriment, and front
its Branches our Protection • I hope therefore it

may not seem over officious, if with the skilful
Gardiner, I do open and expose the Roots of
this great Tree of the Common-Wealth, with ►►r,
intent that every Branch and Fibre may with the
greater ease and convenieney, be so trimmed and
laid, that no Detects or Redundancies may con"
tinue; But that every individual of this Great
Body, may happily conspire to produce tl►at Peace
and Tran►luillity in ►he Nation, which may be ex-
pected from their Counsels, and a we:; constituted
Government.

'lt seems then reasonable to believe, that the
priviledge of sending Representatives to Par
meat, (though grotunlcu upon a Natural and
Fundamental Right in the People) was at first
immediately derived from the King ; for that,
where Histories and Records begin to transmit
memorials :o succeeding Ages, we find HIM send.

ing his Writs, directed to such Persons, Towns,
or Mills, which he thought most considerable
within the Kingdom, by vertue of which Writs,
Elections were accordingly made, and Itepresen.
latices returned to Parliament. That the King's
Prerogative does still extend to giant this Fran.
chise, to such other Towns or Villages as he shall
think fir, 1 cannot affirm, because
some (a) Learned in the Law a.,sure (a) Pryns Re.
us it cannot legally be done, but by
gi.al isrL:ntutlV
Act of Parljament. But others are I Part, f 238. v.
again of a contrary opinion, as was
adjudged in the Case of (b) Duncan- (Ft) Hob. Rer.
non anu (c) Newark. It is certain, f(ol4,iournai
tif
that Parliamentary in suers were the ConhaoNs
never settled otherwise than by Act House.
of Pat liament, as appears by several
(d) Statutes in such Cases made, vs) 5.R.2. c. 4.
and we also find the ptiviledge of i• 5"• l•
23. IL U. c.
sending I.lleml)ers to Parliament,

given to sevt;-al places by (e) Act of (6.27 .11.8.c.M.
Parliament, which had been none- 34 IL 8 C. I.
CCMiry, could the King blone have35. H. S. C. it.
granted it by any other Method.
It is moreover a thing of very dangerous conse-
quence, to have such a power lodged in the King
alone ; for then he might therein, infranchise
what number of VA!s he pleases, and by the same
power place the Election of their llepre•sentatives
in a select \under, such. as he should•alw:rys
have the power to direct and appoint ; which
would he in effect to choose his own Parliament,
and thereby to Make or REpeal what Laws lie
pleases. Wherefore I
conceive this polo! ought
now to he so settled, as for the fir tire to obviwe
ell such inconyenieucies which might. otherwise

thing, which also requires the care of
this Greta Council, is to limit must restroiu ttte

_ .
extrbitanCies.,or a Quo TT'urranto so, that the Elect-
ing lliirroiwlis may have their privileges and im-
secured, trom the Judgment of a cor-
rpi n! who deriveß his Biont!', and holdS his
Judicial Breath only ad mit:nit:tem Domini. If
this Grievance be not obviated by orie good
Law, a King may as %%ell destroy all the old
11,,rfotighs, .s ereiq new ones, to the inevitable
oseribrow of our Laws and Government.

In the next place_ i conceive it may
become the Prudence of THIS Parlitiment
prom whip t we may expert the Found-a-
lions of our happiness Will be so laid, as to
become impregnable against all the future Assaults
of an invading Tyrranny) to look into the Consii-
twions, litid Customs of such, Burtonghs which
have right to Elect, and wit ch in several portico-
lars,"seems to requite a touch of the Supreme Au-
thority to set them Right. The first inconveni-
ence they labour under, is the variety of their re-
spective Titles ; sntue elaiming to Elect by PJe-
scription, others by Grant ; some again by a
select Number, others by the Populacy ; some by
the Magistrate and Burgesses, (Pliers by the Mit.
gistra e, Burgesses and Freemen, others again by
the Magistrate, Burgesses, Flee/nen, and Com-
Mondry, and some a'so in respect of their ancient
Bitrrough, II cruses only; the test of the Town, which
is the touch more cou-iderable part, being excluded.
'1 lie Grievance which grows from this.difference of
Title in several Burroughs, is often ambiguity and
nocettaintv of Title in the same Burrough ; for
sometimes the select Number contends -with she
Commonity, nue Burrough House with another,
And from hence it is, that we ba;ve usually
ao many Petitioners in each Parliament, the Ma-
gistrate not knowing which of right ought to be
Returned. Nor can w Committee of Lire ions
ev•r settle their respective Titles, bye final deter-
minative Judgment ; for we find it often giving
an Opinion upon one and the same Title, and in
the ~arne Burrongh, differently, as farour and power
can mike the stronger interest. All this may be
remedied by on Act, which should give one and the
some new Title to all the Electing Burroughs in
E;:glaral and :Tales, by which alone, they should all
for the future. claim to send Members to Parlitmeni
thereby set ling the Electing -power in such per-
sons, (whrtl,er they he a select Number, or the
whole. Populace), as in prudence should he thought
Wrist COnvenitnt.

The design of choosing the Members of Parlia-
ment by he People, was, that no Laws shoi,ld be
matle, no Monies raised, not any tonrse pursued,'
by those who sir at the Helm, but with the Steer-
age and Direction of tire People, by their Repre-
sentatives. Now by all the Laws and Rules of
Representation, no 'Town, City, or Body of Peo-
ple, can be represented without a Vote in the
Choice of their Representative. That the Parlia-
'new as now Constituted, is no equal leepeseizta-
tive of the People, is notorious; 'in that several
Eurrooghs, so inconsiderable, that they contain
not above three or four Hooses, sent) each of them
ton R. presentatives to Parliament, whilst others
(et lath con!ain an hundred times their Number of
}looses, People, Trade and ‘Vraith) have no Re-
csenta‘ive at ell in the 111 inagement of Priblick
Atlaits. Softilso the County of Cornwall scuds no
less than forty-three Alembers to Partiament,
‘ehil‘t the City, and whole Comity of Chester
seods but four, and the twelve Counties of Wales
but kventy-foor amongst them all.
nom this inequality of Representation it fol-
lows, thir Acts are often made w inch redound to
the
,prejtokce of the whole Body of the rcoplc,
merely toativance the Gain and Advantage of's:yule
patticulai places; as was ilott which Prohibited
tie I tuporiatiom tt Irish Cattle, being carried.
priocip.itly by the supetnumerary Votes- of some
which have more Electing Wirt Oughs,
than upon a just and equal Devidend, do tall
to their ; and these being generally of a
dry anti harreo Soil are thereby chiefly adapted
toibe breeding ot Cattle ; which benefit would
havc been diminished by an inlet of 'Beasts from
Ireland r:is incoilv,titence may he easily re-
moved by depriving Towns of less note of this
Franchise, and bestowing it upon otheis of
greater Consideration in the same, or in other
Counties, which most want it, as do thoSe of
• Catubri:fge, Bedford, Hartford, Huntingdon, &c.
%Vlu to the Electing Right
.is committed to a select
_Number, 1 think were desirable, that the Electors
stn old be chase annually, and not be Tenants for
Life in their Electorate ; this would in a great
degree prevent pre-engagement, and corruption,
which often happens where a power by long
continuance in one person, is-apt to stagnate and

putrifie.
The great number of Electors in Popular fur-
rong,hs, and in choosing Knights of the Shire,
sect tires to be regulated and notice:, and the
power of Election to be fixed in the Optiniaey.—
My Reasons for this are, that amongst the Elect-
ing Crowd, the Majority is
,generally of a mean
and abject Fortune iii the World, and thereby
subject not only to disorders and quarrels,
but to he misguided also by their ignorance,
and total want of that discerning faculty,
which Electors in inch .weighty concerns
ought to have: they are moreover tinder the
temptation of bciog Corrupted and Seduced
by !be -inveiglements of a little Mony, or a
Pot of Ale : whilst those whose Circumstances
are more enlarged, have their thoughts so like-
wise, being thereby raised beyond such low alure-
ments, and rendered more cateful bow, and into
whose Hands they dispose of this great Trust, the
breach whereof might at once Rob and deprive
them of that their substance, which has been the
acquisition perhaps of sonic Ages. It was for
these and several other Reasons mentioned in elle
Pieamble, that by the Statute of the 8. of H. 6.
c. 7. it was enticed that tin Knight of the Shire
should be cliose by any, who had not a Freehold
of the dual- yearly value of 40s. per annum,
which Was then as m.,ch in value as 40i. per an-
num is 110 or has been, since the finding out of
the American 'Treasure, and the enlarqement cif
our Trade. And I think it but rea.onable that as
the valise of Mony falls, so the Wealth of the
should rise, arid that Ejecting Votes' iii
the County should. again he limitted to such only,
tvh now have Lands and Tcoeme!,ts to that valve,
which 40t. f,er anumo bore it: thwe limes hen this
Act war rn-,de, 11 this paitictil4r tette thus regu-
lated, the. itumbei sit the Crow( y Elections would
be reduced, probably to a foul th part of vrhat they

now are, and thereby the unreasonable expence
in entertaining SO great a Crowd, and tbe. great
dangers which may accrue from such an nogover-
imbie Multitude, wthild be in a great degree avoid-
ed and prevented.
As the Yet-sons Electing%ong,ht to be Men of
Substance, so in a proportioned degree ought
also the Members Elected. Jr is not safe to
make over the Estates of the. People in Trust,
to:Men who have none of their own, lest
their Domestick Indigeiteies, in Conjunction
with a Foreign Temptation, should warp them to
a cOntrary interest, witic'h in former Parlia-
ments we have sometimes felt to our sotrow.—
Wealth and Substance will also give a Lustre
and Reputation to our great Council, and a se-
curity to the People for their
_Estates are then
pawned, as-so many pledges for their good be-
haviour, becoming thereby equal sharers them-
seises in the benefit or disadvantage which shall
result front their own Acts and Councils.

Thus a good Estate may he a good scenery
to engage Faith and Honesty ; but he who sits
at the Helm of Government, ought not only to
be a Graduate in Fortune, but in Prudence anti
Experience also. To' me it seems extreaudy irre
gulsr, to see the unfledged Yooth make los first
.advances into the Wolin, in the quality of a Bur-
gess for Parliament, chosen upon no other ac-
count but because it was his Fortune, by his Fa.-
they's early death, to become the Landlord of a
Neighbouring Burrough, or is perhaps it, best Cus•
tomer, deriving front thence the necessaries of a
numerous Family. Forty years (whereof twenty-
five are generally spent in Childhood and vanity)
seem to be few enough to entitle any one to the
Grandeur and Gravity of an Eoglislt Senator, and
why so many, who seem by their greenness to he
as yet but a Novelty to the Woild, should he ad-
mitted a place in this Great Council, whilst those
of greats,. Age Wisdom, and Experience must be
excluded, I do not. understand.
By the H. 5. ch. 1. It is Enacted that
every Knight of the Shire should be chosen out
of such who are Resident in the Coonty, and
every Citiz•n and Burgess, from amongst the
Citizens and Burgesses of the. Cities and Bur-
roughs Electiug. How far this Act one ht to he
observed, will be worth consideration; tar a eoo-
finement In this Case, seems to be an abridge-
ment Oa free Choice, and it often happt ns, ,hat
Men of the greatest Knowledge and Experience
in the Affairs of the Kingdom, haveilreit Abode
principally in the Metropolis, especially such of
the long Robe, who by their Vtofesioo are
obliged to it. But the Non-observance of Ibis
Act on the other side, has been ()Heil the occasion
that Courtiers have holted into Cotoory 13 rrougha,
and by the.strength of their Purse, and
Baits, have so seduced these poor Rurvrl Animals.
as to obtain an Election front them,, botign to
the ruin and overthrow of their own vs aid
Liberties. The choosisag of such Men to sere-e
to Pat liament,.inight probably he obviated. by an
Act, Prohibiting the Expence of any Mony
Treats or otherwise, in order to be Elected, it
being only to these indirect Methods, that such
persons usually owe their success.
But when all is done, it will be found difficult
('hough with the greatest Art) 'o bring an old
irregular 'Structure into a convenient .[Joifor-
;pity, otherwise than by r.szing it to the Ground,
and erecting a new Pile by some better con-
trived design. For although all the defects amid
irregularities in the Election of Members for
Parliament before-mentioned, should he remov-
ed and altered, yet there still remains something
in the very Constitution of this parr of our Go:
vernment, which is not.so agreeable to a curious
thought. A True and Perfect Model to build by,
is what I dare not pretend to give, yet that which
follows may afford some hints and Assistance to a
better Fancy and Judgment.
In respect then, that every individual person in
the Nation, has a Natural Right to Vote in this
Great Council ; but this being impracticable, they
are forced to do it by proxy (that is) by devolv-
ing this Right upon certain Common Representa- •
tives indiffet'ently chosen, for certain Select Num-
bers and Communities of 'Men, in which the
whole Body of the People is, or ought to be com-
preheuded ; And whereas, every Pater-Pawl-
lias, or House-Keeper, is a Natural Prince,
and is invested with au Absolute Power over
his Family, and has by necessary Conse-
qtrence, the Votes of all his Family, Man,
Woman, and Child included in his ; Let then
the Sberiffs' Precepts be directed to every
Palish within his County, which the next Sunday
following the Receipt thereof, may be publickly
Read after the Forenoon Sermon in Church ;.•
Thereby giving notice to all the House-keepers its.
the Parish, to meet at a convenient place, and
certain hour the day following, in order to choose
an Elector for the County. Let also the Church-
Wardens of each Parish prepare a List of eight or
ten of the most eminent Persons for Wealth, Gra-
vity, and Wisdom in their Parish ; this List to
be brought the next day to the place of Election,
to this purpose, that 'every House• keeper do, by
a dot with a I'en, adjoined to the person's name
whom he enclines to Elect, declare his Choice;
and that by the plurality of dots, the Elector be
returned by the Churchwardens to the Sheriff.—
This done in each Parish, let the Sheriff prepare a
List in the same manner, of the names of all the
Gentry in the County, who are each worth in
Lands and moveables at least 10,01)01. all Debts
paid, and not under forty years of Age ; which
being in readiness, let all the Representatives of
Parishes, chosen as atoresaid, repair to the Comi-
ty Town the very next day after the Parish Elec-
tion is over, and there proceed to Elect out of the
Sheriffs List, seven, nine, or eleven Members to
serve in Parliament, or so many as upon a just di-
vidend, shall be thought expedient to. complete
the Number of Members, which are to Act in this
great Council.
• •

Before the Electors proceed to choose for the
County, it might prohallly be convenient to Ad-
minister an Oath to this purpose, That their Vote
is no troay pre-engaged, and that they %%6;1 .choose
without Favour or Affection, such lUembers as in
their Conscience they do believe most fit to serve
in Parktment, And that to the Members Elected,
upon their admission to the kloose, this Oath,
together with tie others in use, be Adminitored,
viz. That they ate worth 10,0001. all their Debts
paid, end that directly, or indirecti.; they did nut

expend any Monet, or Gratuity whatsoever, in
order to their Election, at►tl that they neither
have, nor will receive any Gratuity whatsoever,
upon the account of their Vote in Parliament,
but that they will in all Matters•t hat shall come
before them, act uprightly according to limit
Conscience and Understanding, without any pri-
vate Design, Favour, or Affection to any.
That, to prevent the inconvenieucies of Fear
and Favour in Electing, the Method be such, that
none navy know on whom the Electors Votes were
confet red ; and it may be thus performed. Sup-
pose a Room with two opposite Doors, and a
Table in the middle, on which the List shall be
spread. Alt -the Electors being at one Door, let
them go in one by one, each Writing down his
dots, and going Out of the Room at tl►e other
Door before another comes in ; or if this may
prove tedious, it is only placing mote Tables in
the Ronn► With every one a List on it, and so
many may then be admitted in at once, as there
are Lists, which t% ill make greater dispatch, and
yet no discovery, in that- every List is upon a se-
parate Table. To relent also all fraud and in-
direct practice, it will he convenient that the Ot•
(jeers concerned in the Elections, both in Parishes,
and in the County, be upon their Oaths. It is
also fit that a litnitted allowance be made for the
expence'of the day, which is to be in Parishes, at
the Parish Charge, and in the County Town, at
the Charge of the County.
If any Controversie arise about Elections, either
in the Parishes or Counties (which in this Method
can scarcely be supposed) it may be dec►ded by
the Votes' of the remaining Persons upon the List,
who pretend to no .Elf'etion If tieveral Persons
happen to have an i:go,1!-number of Votes, it shall
he determin'd by Li. f. If any Person trout any
part of England, shall send his Name to any par-
ticular County, to be inserted its heir List, as a
Person qualified to serve in Parlian►ent ; it may be
done ; but none to stand Candidate, in snore than
one List at a time, lest he should be chosen in
boil► Counties, and so occasion the trouble of a
h-w Election. That the same List of Candidates
shall coutint:e till the dissolution of the Parlia-
ment, if it st's not above three h ears ; and upon
the intermedial death nr removal ot ally of the
Members for the County, then he who had the
next Majority of Votes upon 111,. List, to succeed
in his place, Without further, trouble or charge ot
Election.

By this Method the Parliament will he a perfect
Representative of the whole 'Body of the People,
and Also of every numerical Person in the
dom. 'Here can be no partial (and consequently
prejudicial) Acts Wade by separate Interests anti
Factious : None will sit in this Great Council hut
Men of Gravity, Wisdom, Integrity anti Sub-
stance ; no pensionary Niembeis ; no unfair Elec-
tions ;no told Returns; Petitioners Ikevt
its
Attyidance till a Dissolution ; no Quo Warralos
to destrdy the natural fundamental High— of the
People ; no room for Corrup,ion, Bribery and
Debauchery, either in the Electors or the Mem-
bers elected ; no Patrimonies wasted in ,the Ex•
traragancies of ,•an Election; No Bankrupts
shrowding themselves tinder .the shelter of a Par-
liamentary Privilege ; No unruly Rabtilet.., Tu-
mults, Factions and Disorders in Election,
amongst the Commonalty ; No Heats and Ani-
mosities amongst tie Gently, often caused by their
violent Competitions : 130 all will he managed
with that evenness, Justice and Temper, that no-
thing can more effectually conduce to the securing
of our Liberties and Properties, the Grandcur of
our Government, and cite Honour of our Nation,
titan such an Establishment.

LAW INTELLIGENCIL

COURT OF KING'S BENCH, MAT 13.

THE. KING V. HENRY HUNT AND OTHERS.

It was near 12 o'clock before the Chief Justice
took,his seat... His Lordship then asked the At-
torney-General if .he had any motion to make? ,
The ATTORN BY -GEN BRAL..--My Lord, I move
the judgment of the Court against, Henry
Esq. and the other defendants. -
The defendants were immediateiyialle_d, but
not appearing at the momentin Court,
The CHIEF JusTica observed, that perhaps the
defendants were ,waiting for letters by post from
Manchester, and it would be better to•-wait until
later in the day. •
The SOLICITOR-GENERAL said the defendants
were in.the hall. They were accordingly called
there, and Mr. Hunt, accompanied by Joseph
Healey and Samuel,l3-imford, entered the Court.
CHIEF JUSTICE—Have-you any afiidavits, Mr.
Hunt?

Mr. HUNT—My Lord, Mr. Johnson is gone to
Manchester for affidavits, and we have now a
messenger waitingrfor.the post, in expectation of
receiving them.
The CHIEF JusTicF—Then we shall wait a
little.
JUDGMENTS.

The SOLICITOR-GENERAL moved the judgment
of the Court against John 11/ray, the master of
the ship New Minerva, .who was convicted for
not bringing home, according tiro the statute of
William, a carpenter, named Roy,.who was left
at Pernambuco by the defendant, although the
latter was bound to bring him•home from Ame-
rica. The defenalant put in an affidavit as to.
character, and was then sentenced to three
months' imprisonment in the ,King's Bench
Prison.