Publisher's Synopsis
Excerpt from Observations on a Late Publication, Entitled "a Dialogue on the Actual State of Parliament," And Also on a Treatise Entitled "Free Parliaments" With Remarks on Mr. Hatsell's Argument Concerning Annual Elections, and on the Letter to Mr. Sinclair
Now for the effect of the ancient fiatutes. It is maintained, .that the defign ofthe ae't of4 and 36 Edw. III. Was only to provide for the fitting ofparliament without fuch long interm1?ions as afterwards took place, and by no means for feliional rte-elections, every year or oftener. And yet there is direct proof, from the writs of flimmons for every year, (three excepted, l from the 34th to the'5oth; for two, out of thofe three, ?rong prefumptive evidence; and a general prefumptio'n e 'ven for the only one remaining. If the intent had been merely that the king lhould not act without parliament, would thefe new writs have been fo regularly repeated 3 And, farther, from the 15th Ed. II. To the 15th Ed. Ill. For twenty years fucce?ively, evidence has been happily preferved of annual elections, with one year only excepted, and that probably an omrfiion, as in the preceding and fubfequent years there were two elee'tions for each, agreeably to the pieliu intent of the claufe once every year, or oftener if need be;' - the, force of which expreflion can only be evaded by giving it a meaning abfolutely abfurd and incredible-by king Alfred's laws parliaments were held twice a yeai'. The fame by Edgar's. Prorogat1ons, for continuing the fame parliament, without te-elee'tlon of the reprefentatives of the commons, appear to have been a comparatively recent ufage, unknown to the fimplicity of sour fathers; a baneful mnovationbintroduced by the ever-wakeful fubtilty of that power which always will encroach on any unguarded Me of public freedom. A parliament, fitting after the year of its elec tion was expired, mull be full proved to have been cu/lomary in thofe days. The proof, (0 far as it reaches, (and it extends pretty far he ifote and after the ?atute of Edward is directly the reverfe.
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