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A DEFENCE OF THE ANCIENT, LEGAL, AND CONSTITUTIONAL, RIGHT of the PEOPLE, To elect Repreſentatives for every Seſſion of Parliament; VIZ. Not only "every Year once," BUT ALSO "More often if Need be:" As expreſsly required in the old Statute, and confirmed by the general Uſage of ancient Times, demonſtrated by the Evidence of the ORIGINAL WRITS FOR ELECTION: IN A LETTER To a Member of the SURRY Committee.

By GRANVILLE SHARP.

LONDON: Printed by GALABIN and BAKER, Number 1, INGRAM-COURT, FENCHURCH-STREET. M.DCC.LXXX.

COPY of a LETTER to a Member of the SURRY Committee.

[3]
DEAR SIR,

— I Have paid all the attention, that the ſhortneſs of the time would permit, in ſearching and procuring authorities, to enable you to oppoſe the objections lately made to annual parliaments, as ſtated in your kind letter of the 17th inſtant. — With reſpect to the firſt, i. e. their ‘incompetency, now that the empire is ſo vaſt, and foreign connections ſo interwoven with us;’ I beg leave to remind you, that the empire is not now more interwoven with foreign connections, (I mean thoſe of Europe, which alone have power to affect us,) than they were when annual parliaments (and "more often if need be") were the eſtabliſhed law of the land; I mean in the [4] glorious reign of king Edward III. when ſeveral of the richeſt and moſt populous provinces of France were the hereditary dominions of the family upon the throne; and when the remainder of that mighty and extenſive empire, with the exception of a very few provinces, (the great duke of Burgundy himſelf doing homage for his eſtates,) belonged abſolutely to the crown of England, by the right of conqueſt. But the true conſtitutional anſwer to the objection is, that all foreign dominions, acquired by the crown of England, ought to be governed by free parliaments of their own, duly elected by the inhabitants of each diſtinct country reſpectively, who have not only the beſt right, but the beſt knowledge and abilities, how to preſcribe laws for their own government, ſafety, and neceſſities. This is the only true means of removing all difficulty from the government of diſtant dominions, becauſe, in the firſt place, it is [5] the only means that is ſtrictly conſiſtent with the natural rights of the inhabitants in each dominion, ſeparately conſidered; and alſo, 2dly, the only means of preventing the inhabitants of ſuch diſtant dominions or colonies, from invading the natural rights of each other, which is the ſource of civil war and diſunion; and, if this moſt eſſential principle of our conſtitution, and of natural equity, had been regarded by adminiſtration, agreeably to what I have ſtated, in my Declaration of the Peoples Rights, reſpecting Ireland, we ſhould not have loſt America! — The only true means, for inſtance, to preſerve the Britiſh empire in Eaſt-India, which ſtill remains to us, is, to inſtruct the Sooders, and lower caſts of the Indian tribes, concerning their natural right to a ſhare in the government of thoſe countries which they inhabit, that their duly elected repreſentatives, in a general aſſembly, may have confidence to reject [6] and confute that deteſtable lie of the Bramins, by which they are holden in ſlavery, and rendered the prey of Tartarian, as well as European, wolves and tigers.

The Engliſh company of merchants, aided by the Britiſh government, have, at preſent, both power and influence ſufficient to effect this, and reſtore them to their rights: this would be an obligation never to be forgotten, and which would eſtabliſh trade upon its proper baſis, and remove all difficulties, as well as expence, from the government of that vaſt empire; but, if the opportunity be too long neglected, it may be ſuddenly loſt for ever!

With reſpect to the ſecond objection, — ‘The apprehenſions of diſorder on too frequent elections.’ — The evidence of experience confutes it, as, I hope, I have already proved in the two little tracts, * [7] and of which the preamble to the wicked act of the 8th of king Henry VI. is itſelf an ample teſtimony; becauſe the perverters of the conſtitution, at that time, could not ſay that ‘man-ſlaughter, riots, batteries, &c. had then happened, as they really do now at our ſeptennial elections, but only in the future tenſe, that "they ſhall very likely ariſe and be." They could not complain, that there were a number of outrageous people at county elections, and therefore they perverſely and deceitfully complained only of an outrageous and exceſſive number of people: the epithet, "outrageous," was not applicable to the people, and therefore they have deceitfully branded the innocent ſubſtantive, "number," with the charge of being "outrageous." The reaſon of this is [8] plain: the manner of wording the act, as it now ſtands, has the effect of an inſinuation againſt the behaviour of the people, that is, to a careleſs reader, and thereby it anſwered the deceitful purpoſe of thoſe who framed (or tranſlated) the act, which would have been null and void for want of truth, had the adjective, "outrageous," been applied to the other ſubſtantive, i. e. people; for falſehood in a preamble has the unqueſtionable effect of deſtroying the force of any ſtatute.

But, if the people really were outrageous at elections, as well as exceſſively numerous, yet, it is certain, that they had right on their ſide, and intended the good of the kingdom in general; becauſe they have the evidence of all antiquity, that the majority of theſe exceſſive numbers were generally for ſending to parliament the beſt and moſt reſpectable men they could find among them; which is not only proved by the teſtimony I quoted from [9] Prynne, in p. 31 and 32 of my firſt little tract,* but alſo by the evidence of that learned antiquarian, Browne Willis, Eſq. who tells us, in the preface of his Notitia parliamentaria, that ‘the knights of ſhires’ (viz. thoſe that were choſen by the outrageous and exceſſive number of people) ‘have, EVER, IN ALL COUNTIES, been choſen out of the principal gentry and quality: and though, ſays he, the citizens and burgeſſes were heretofore elected out of their reſpective communities, and were only the CHIEF and MOST EMINENT MERCHANTS, &c. of their own communities or corporate bodies; yet, in king Edward IV.'s time, we find a great many of them diſtinguiſhed by titles,’ &c. This affords a farther anſwer alſo to the firſt objection againſt annual parliaments.

For who are ſo fit to judge of public affairs, now that the empire is ſo vaſt, [10] and foreign connexions ſo interwoven with us,’ (according to the objector's ſtating,) as ‘the principal gentry and quality’ out of the counties, and the "chief and moſt eminent merchants" out of the trading cities and boroughs? and more eſpecially ſuch knights, citizens, and burgeſſes, as thoſe of ancient times, whoſe conduct in parliament procured them the honour of being annually returned, and ſometimes more often, for ſeveral years together?

Thus, the two firſt objections againſt annual elections are manifeſtly without foundation; and, with reſpect to the third, that ‘it never was the law of the land,’ * it ſavours either of ſuch deplorable [11] ignorance, or of ſuch bare-faced falſehood and effrontery, as ſcarcely deſerves an anſwer!

If I have made any error or miſrepreſentation in either of the little tracts, let the objectors point it out, and they will not find me backward to ſubmit to truth; for that is my duty to God and man! — But, to condemn the doctrine in the lump, without deigning to give a ſingle reaſon or proof againſt it, though it is ſupported by the moſt unqueſtionable hiſtorical evidence, of which many even of the original documents (I mean the annual, or rather ſeſſional, writs themſelves) do ſtill exiſt, in our public records, to this day, is ſuch a deteſtable perverſion of truth, ſuch a depravity of human nature, in the baneful ſervice of our great natural enemy, the "father of lies," that I ſhould hardly have believed my own ears, had I been preſent when the objection was made.

[12]Perſons, who diſcover ſuch impotent malice againſt truth, muſt be warned of their ſpiritual danger, leſt they ſhould be loſt for ever!

That you may be able more eaſily to confute ſuch objectors, I have ſent you Browne Willis's Notitia parliamentaria; where you will find, in the very firſt table of writs, (viz. that for the county of Bedford,) examples of annual elections for twenty years together, in continual ſucceſſion, except in one ſingle inſtance; which omiſſion will be the more eaſily excuſed, if it be conſidered that there were two general elections in the year which preceded the year of omiſſion, as alſo two general elections in the year which followed it. — The period I refer to is between the 15th of king Edward II. and the 15th of king Edward III. In the 6th year of the latter reign, there were three new parliaments; two in the 7th, two in the 10th, two in the 11th, two [13] in the 12th, two in the 13th, and FOUR in the 14th, year.* This affords ample proof, not only that new parliaments ſhould be holden every year once, but even "more often if need be." The book contains a great abundance of other examples: and, though the annual elections were ſometimes omitted, yet this affords no proof againſt the peoples right to have them. Another learned antiquarian, Mr. Gurdon, informs us, in his Hiſtory of the high Court of Parliament, page 282, that new ſummonſes were to go out for a new parliament, once a year, [14] at the leaſt. This book I have alſo ſent for your peruſal, and likewiſe an hiſtorical [15] Treatiſe of Cities and Boroughs, by Dr. Brady, who bears ample teſtimony to the means which I have propoſed in my firſt tract, for obtaining a more equal repreſentation; for he proves, that, IN SEVERAL COUNTIES, the CITIZENS and BURGESSES were choſen in the COUNTY-COURTS with the KNIGHTS, on the day of the KNIGHTS ELECTION, in the SAME court, and jointly returned in ONE INDENTURE, eſpecially before the ſtatute of the 23d of king Henry VI. and, in ſome, after that,’ &c. p. 75.

It would be too tedious to give you more proofs reſpecting ‘the law of the land,’ in anſwer to the third objection; and, in anſwer to the fourth objection, (‘that the whole conſtitution muſt be new-modelled to that idea,’) I ſhall be [16] ſtill more brief, having only to add, that we are far from deſiring that ‘the conſtitution may be new-modelled;’ we only pray, that the unjuſt uſurpations, (made without the conſent of the people,) the corruptions, and other ſuch abuſes, may be taken away and reformed: and then the ancient conſtitution of annual elections, and "more often if need be," will recover its full vigour without any other alteration.

I remain, with great eſteem, Dear ſir, Your affectionate friend And humble ſervant, Granville Sharp.
To *** **, Eſq.
Notes
*
See the Legal Means of political Reformation, in two tracts, p. 31 and 32, alſo 55 and 56. See alſo the three laſt paragraphs of the Memorial of the Deputies from the ſeveral petitioning counties, &c. wherein it is declared, concerning ANNUAL parliaments, that ‘they were ever deſcribed as conſiſtent with the greateſt peace, and moſt peaceably conducted.’
The legal Means, &c. p. 29, 30.
*
For a more equal repreſentation, &c.
*
So far is this objection from the truth, that the deputies from the ſeveral petitioning counties, &c. have, in their MEMORIAL, declared, that ſhortening the duration of the ſitting of parliament can only be done, CONSISTENTLY WITH the CONSTITUTION, or with the beſt policy on any enlarged view, by ſhortening it TO THE PERIOD OF A YEAR;’ and they afterwards cite the ancient acts, which ordained, that ‘a parliament ſhall be holden every year once, and more often if need be.’
*
It was an ancient uſage of our Saxon anceſtors, to hold provincial parliaments, or ſhire-gemots, regularly twice a year. "Twa ſchire-gemot," or two county parliaments, are expreſsly ordained to be holden "on gear," (i. e. "in a year,") by the 5th law of king Edgar, and the 17th law of Canute. See Lambard's Archionomia, p. 64 and 111.
‘For the aſſembling of parliament; which, by the inſtitution of king Alfred, was to aſſemble twice a year. See the ſpeech of ſir George Crooke, Juſtice of the king's-bench, in Hampden's trial on ſhip-money. Anno 1637, 13 and 14 Car.

The continuance of parliaments for a longer term, without re-election, ſeems to have been begun in the reign of king Edward IV. after the people had been ſo cruelly harraſſed by civil war, that they had no ſpirit or (perhaps) power left to oppoſe that dangerous uſurpation of their parliamentary rights by royal prorogations.

In preceding times the adjournments, or prorogations, (which words had then the ſame meaning,) were ſeldom for more than a few days * at a time; and that only on extraordinary and unavoidable occaſions; as ſickneſs, the abſence of the king or great lords, the neglect of "certain ſheriffs, in not returning their writs," &c. or when the repreſentatives ‘promiſed to travel to their countries,’ to hold farther conference with their conſtituents, concerning any "new device."

*
8 Richard II. ‘The ſame Saturday the parliament, for certain cauſes, by the commandment, was ADJOURNED until Monday enſuing; and, on the ſame Monday, it was adjourned until Tueſday next following, for the like cauſe, at the king's commandment. See ſir Rob. Cotton's Abridgement of the Records in the Tower, p. 303. — N. B. Theſe adjournments, being made by the king's command, were manifeſtly what we now call prorogations.
7 king Richard II. ‘The ſame Friday, being the 20th of April, for that the duke of Lancaſter and other lords were not returned from the North, and for that alſo certain ſheriffs had not returned their writs, the parliament was adjourned until the Wedneſday following; and, in the mean time, the commons were willed to go together to chooſe their ſpeaker.’ Ibid. 298.
13 king Edward III. ‘The commons made anſwer, That they knew and tendred the king's eſtate, and were ready to aid the ſame; only in this new device they durſt not agree without farther conference with their countries; and ſo, praying reſpite until another time, THEY PROMISE TO TRAVEL TO THEIR COUNTRIES.’ (Ibid. p. 17.) This laſt is the very beſt reaſon that can ever be given for the prorogation of parliaments, as this alone can reconcile, with the people's juſt rights, the re-aſſembling of a parliament without a previous re-election: that is, when the repreſentatives ‘travel to their countries, for the expreſs purpoſe of conferring with the people, and to receive their inſtructions.
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TextGrid Repository (2020). TEI. 5424 A defence of the ancient legal and constitutional right of the people to elect representatives for every session of Parliament In a letter to a member of the Surry Committee By Granville Sha. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-5C02-B