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.
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 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 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 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,
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.
and of which the preamble to the wicked act of the 8th of king Henry VI. is itself an ample testimony;
The
legal Means, &c.
p. 29, 30.
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 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 Prynne, in p. 31 and 32 of my first little tract,
For a
more equal representation, &c.
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, 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,
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 savours either of such deplorable 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.
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 in the 12th, two in the 13th, and FOUR in the 14th, year.
It was an ancient usage of our Saxon ancestors, to hold
provincial parliaments,
or
shire-gemots,
regularly twice a year.
—
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.
"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.
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,
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
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.
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,"
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.
&c.
or when the representatives
promised to travel to their countries,
to hold farther conference with their constituents, concerning any
"new device."
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.
once a year, at the least.
This book I have also sent for your perusal, and likewise an historical 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 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.
Old-Jewry,
March
22, 1780.
To
*** **,
Esq.