drifing out of thefe caufes, augments daily, and has by degrees fpread itself to the remoteft parts of your Majefty's dominions; yet perfuaded that your royal ear is ever open to the remonftrances of your faithful subjects, and that your mild and amiable difpofition is ever ready to give them full and speedy redress of their grievances, we in all humility, and in full confidence, lay them at your Majefty's feet. The freedom of election we confider as the bafis of our liberties, and the very essence of that part of our wife constitution which gives the people a fhare in the legiflative authority. The right of voting at elections, and the right of being capable of election within the bounds prescribed by law, we conceive to be inherent in the freeholders of this kingdom, and of whose rights we shall ever esteem it our duty to be more tenacious than of the freeholders themselves upon which they depend, and which without them we fhould justly confider as poffeffions infecure and precarious; it is therefore, with inexpreffible concern that under your Majefty's aufpicious reign we have feen minifters bold enough to advise your Majefty to confer upon Colonel Lutterell a trifling office, avowedly for the purpose of vacating the feat which he then held in parliament, and enabling him to offer himself a candidate against Mr. Wilkes, for the County of Middlesex, in confequence of which he has been obtruded upon the freeholders of that county as their reprefentative, though rejected by a numerous majority of legal and undisputed votes, a precedent whereby the freedom of election may be utterly abolished, and the Houfe of Commons, instead of being the free choice and reprefentative of the people, may become the creatures of minifters, and the inftruments of their illegal power. We humbly conceive that Mr. Wilkes having a great majority of voices upon the poli, and not being under any legal incapacity at the time of his election, was duly eleted. That incapacity declared afterwards even by law could not in juftice have affected him with a retrospect fo as to have cancelled thofe votes and rendered them null and nugatory, much lefs any prior or fubfequent declaration of one branch of the legiflature not only founded upon no ftatute or ufage, but contrary to law and precedent: That by the bill of Rights, the folemn confirmation of our liberties is declared, That election of members of parliament ought to be free: That by Magna Charta, No freeman can be difeized of his freehold, or liberties, or free customs, but by lawful judgement of his peers, or by the law of the land: That the law of parliament is part of the law of the land, but that nothing less than a clear and well-established courfe of ufage and precedents does or can conftitute the law of parliament: That an ufage founded upon no precedent is a folecifm in terms: That the right of judging finally in matters of election does by no means imply a right to abrogate or alter the law in matters of election: That the keeping feparate in all cafes the two great powers of government, that of enacting the new laws, and that of declaring judgement upon laws enacted, is one of the chief barriers against arbitrary power: That nothing would be more fatal to liberty than to judge individuals upon laws occafionally enacted, and arifing fuddenly out of the heat of the times, and the peculiar circumftances of the cafe under contemplation: That the claim of one branch of the legislature to the powers of the whole in making laws has once already fhaken this conftitution to its foundation, and that every exercife of fuch claim, more especially in judgment, must tend to the fame ruinous and deplorable confufion: That to affirm that both Houfes of Parliament, or either Houfe of Parliament, have or hath a legislative power without the King, or any other words to the fame effect, is contrary to an exprefs law, and fubjects the offender to the danger and penalty of a præmunire. Alarmed therefore at this late violent, dangerous, and unprecedented proceeding, which ftrikes, as we conceive, at the root of law, of parliament, and of all our moft facred privileges, and dreading the confequences which a spirit of almost univerfal difla diffatisfaction, and want of confidence in the exercife of government, mufe produce, if not prevented by feasonable remedies, we fhould be wanting not only to our ourselves and our pofterity, but that loyal zeal for the glory and profperity of your Majefty's reign with which our hearts are warmly animated, if we neglected at this crifis most earnestly to call on your Majesty's royal and paternal care to avert the common danger, by removing for ever from your trust and favour those evil counfellors, whofe baneful influence has been the occafion of those mischiefs, and by inter pofing those powers which the conftitution has entrusted to your Majefty's royal wifdom in fuch manner as may moft effectually redrefs the past, remove all apprehenfions for the time to come, restore confidence to your government, both at home and abroad, and rivet your Majefty in the heart and affections of your faithful fubjects, whofe most ardent with is, that your Majefty may be known to the latest posterity, by the most glorious of all titles, the father of a free and happy people." The following is a true Copy of the Petition from the County of Derby, which was prefented to his Majefty Wedneíday January the 10th at St. James's. To the KINGs Moft Excellent Majesty. May it please your Majesty, WE your Majefty's most dutiful and loyal Subjects, the Freeholders of the County of Derby, beg leave to lay before your Majesty the strong eft affurances of our zeal for your honour and happinefs. This county hath on all occafions manifested the wärmeft attachment to your Majefty's Royal Family and Government; the fame principles of duty and affection, make us now feel ourselves obliged to appear before you, in the exercise of our undoubted right of petitioning the throne. It is with the utmost concern we feel ourfelves compelled to this ftep by a profpect of the inevitable confequences of a late determination of the Houfe of Commons, by which a member has been impofed upon the County of Middlefex, contrary to the known choice of the county, declared by a legal return, founded upon an undisputed majority of legal votes given in favour of a perfon under no legal difqualification. This determination, whether founded on the arbitrary exercife of power or on new and ftrained interpretations of the ancient practice of parliament, muft, if drawn into precedent, prove fatal to thofe invaluable rights and privileges which are the fource of the glory and profperity of this country, and to a jealous regard for which we owe, amongst other bleffings, the happiness of being governed by your Majesty's illuftrious family. your An Houfe of Commons chofen by the legal electors of the kingdom, is not more effential to our liberties, than to your Majesty's welfare and honour; fuch an Houfe of Commons alone, can convey to your Majesty the true fenfe of your people, and is alone capable of granting fuch fupplies, as come from the hearts as well as the fortunes of your fubjects. In order to prevent the confequences of a precedent fo full of danger, and to restore the confidence of the nation in parliament, which never can fubfift whilft it appears that a member may be placed in the Houfe of Commons, by any other means than the free choice of the electors: We implore your Majefty to grant to your faithful fubjects that relief which the wisdom of our ancestors has provided in cafes of fuch emergency, by diffolving the present parliament, and calling a new one; which will enable the electors to fend fuch reprefentatives to parliament, as by their conduct, dutiful to your Majeftey and faithful to their conftituents, will demonftrate that no art can devife fo fafe and firm a foundation for your happiness and dignity, as the known laws of the land, and the affections of a loyal people. COPY COPY of the HEREFORDSHIRE PETITION. To the KING's Moft Excellent Majesty. The humble Petition of the Freeholders of the County of Hereford. Moft gracious Sovereign, WE your Majefty's dutiful and loyal Subjects, the Freeholders of the County of Hereford, think ourfelves bound in duty to join with our injured fellow fubjects, in an exertion of that right, which the conftitution of these realms hath fecured to us, of applying to the throne for redress of grievances. The right of election is vefted in us, it is our most effential, our dearent privilege; that privilege, in the cafe of the Middlefex election, has been violated; our fellow fubjects are aggrieved by the fact; we are alarmed by the precedent; application to parliament has been in vain; neceffity compels us to appeal to your Majesty. The aftonishing fums of public money hitherto unaccounted for, and inquiries thereinto topt in the Exchequer, are objects of ferious concern. In thefe particular inftances we are encouraged to hope, and expect from your Majesty's well known goodness and love of your people, that our humble remonftrances will not fail of fuccefs; but that your Majefty will be graciously pleased to exert the Royal Prerogative in our relief, in fuch manner as fhall appear moft proper and confiftent with those powers entrusted to the Crown by the Constitution. And your Petitioners, &c. THE WORCESTERSHIRE PETITION. Delivered on Wednesday January the oth, at St. James's, by Mr. Dowdefwell, Member for the County. WE, your Majesty's dutiful and loyal fubjects, Freeholders of the County of Worcester, not more animated by that spirit of liberty which has at all times diftinguifhed this nation, than anxious for your Majefty's honour, and the profperity of your government, prefume to exercife our undoubted right of petition to the throne, and humbly to implore your Majesty's gracious favour and affistance in redreffing a grievance under which we labour, and which must have made the deepeft impreffion on our minds, before we could prevail on ourselves to trouble your Majefty with any complaint. Dittant by our fituation from your royal refidence we were happy in a general perfuafion, that in every relation of life, your Majefty difplayed qualities fo truly great and amiable, that while they reflected honour on your crown they could not fail of drawing those who had the happinefs of being near your perfon to an imitation of your virtues. It is therefore with furprize and indignation, that we have feen fuch meafures pursued by your fervants and ministers, as have tended to fully your Majefty's reign, by an univerfal diffatisfaction among your faithful fubjects. Under pretence of purfuing to ruin an individual rendered eminent by their perfecution, but influenced in reality by defigns of a more dangerous nature, your minifters have established a rule and example by which the beft men may be deftroyed for their best endeavours in the fervice of their country. For this wicked purpose incapacities to be elected into parliament, arbitrary in their nature, and wholly unknown to the law of the land, have been fet up against that facred and fundamental principle of the conftitution, that elec tions of members of parliament ought to be free. In defiance of this principle, and in fubfervience to the evil defigns aforefaid, a grofs attack has been mide on the right of election, in the Freeholders of the County of Middlefe; a candidate avowedly fet up by your Majefty's minifters, and rendered capable of becoming a candidate by the grant of an office under your Majty, for that purpose only, is against a most decided and undisputed majorit, obtraded on that body of freeholders as their true and lawful reprefentitive. We fee, moft gracious Sovereign, nothing in this cafe which may not become our own. It appears to us the common caufe of all the electors of Great-Britain, against the wicked defigns of a fet of men who have contrived by evil practices and treacherous artifices, to deceive and furprize the re. prefentatives of your people into a conduct repugnant to the ends of their ¬ Aitution, and deftructive of those rights which they were exprefly intended to fupport. In confideration, therefore, of this grievance, and in contemplation of the many mifchiefs likely to follow it, we, in all humility, lay ourselves at your Majefty's feet, entirely trusting in your Majefty's benignity and virtue for a redrefs of this grievance, and our fecurity against any future. And your petitioners, as in duty bound, fhall ever pray. On January the 16th the petition of the freemen and principal inhabitants of the town of Liverpool, was prefented to his Majefty at St. James's, by their worthy members Sir William Meredith, Bart, and Richard Pennant, Efq; and was graciously received. To the KING's Moft EXCELLENT MAJESTY, YOUR Majefty's most dutiful and loyal subjects, the freemen and inha bitants of your commercial town of Liverpool, beg leave to approach your royal throne with the most perfect fenfe of that allegiance and fidelity which an affectionate and grateful people can bear to the belt of Sovereigns. "To the principle on which your royal house is established in the go❤ vernment of these kingdoms, we owe the fecurity of our civil and religious rights; and moft cordially, confcientioufly, and firmly, do we declare ourfelves ready to facrifice our lives and fortunes, and every thing that is dear to us, in defence of your facred perfon, as the King of a free people. "Sorry are we to address your Majefty in any language, except that of begging you to accept our unfeigned thanks, for all your gracious inten tions to promote our general good, and for the illustrious example you give of every private virtue. "But alarmed by the tendency, and aggrieved by the pressure of several measures, grown out of the advice of fome unfaithful counsellors, at length we find ourselves unable to refrain from complaining of the intolerable injury we fuftain in a late decifion of the House of Commons, by which a member of parliament was impofed on the County of Middlefex, who had not the majority of legal votes, although the person for whom that majority. polled, was under no legal incapacity whatsoever.---This vote, until it shall be effectually refcinded, will ftand upon the journals as a guide to future parliaments; and under its fatal authority, a minifter, whose influence can prevail over the House of Commons, so far as to remove fuch members as may expofe or refift his own measures, however unconftitutional or pernici ous, will not only deprive the electors and their country of the fervices of those representatives, in whom alone they can and ought to confide, but in their places fubftitute men of his own choice and nomination.---This is an innovation, Royal Sir, which annihilates that first and most facred privilege of your people on which every right they poffefs or claim is founded." "Unhappy, indeed, fhould we be, in the prefent fufpenfion of it, did we not look up to our gracious Sovereign as our common parent and benefator, equally difpofed to extend every poffible benefit, as to redress every grievance of his faithful fubjects. "The conftitution having placed in your royal hands the power of dif folving, as well as calling parliaments, and fpecifically authorized your fubjects to petition for the exercise of that power, We, being impreffed by the neceffity of the prefent occafion, most humbly implore your Majefty to diffolve the prefent, and fummon a new parliament; by which we may hope for a reftitution of our rights, redrefs of all our grievances, and reestablishment of that confidence betwixt the people and their reprefentatives, which is effential to the peace, honour, and profperity of your Majesty's government: a confidence that never can fubfift, whilft an opinion remains fixed in the minds of your people, that our most valuable rights have been violated, even by thofe to whom they intrufted the preservation of them." We are credibly informed, the Liverpool petition is figned by near 1100 freemen, which is an undoubted majority, THE POLITICAL REGISTER For MARC H, 1770. NUMBER XXXVI. For the POLITICAL REGISTER. A Speech lately made by a noble PEER of the REALM. My Lords. IN N this great debate concerning the King's fpeech, the fad condition we are in, the grievances of the nation, and the remedies thereof, I have offered you my opinion, and feveral lords have fpoken admirably well to it, with great freedom and plainnefs as the cafe requires. Now give me leave to offer you fome few words, in answer to two or three of the noble lords of the earls bench, that have maintained a contrary opinion. A noble lord near me hath told your lordships, That the precedent of Henry IV. which I offered to your confideration, (who was a wife and magnanimous Prince, and yet upon the addrefs of his parliament (put away a great part of his family and councils at one time) is no proper inftance, because he was an ufurper, had an ill title, and was bound to please the people. My lords, I meddle not with his title, I am fure our King hath an undoubted one; but this the noble lord muft allow, that that wife Prince having need of the people, knew no better way to please them, and to create a good intelligence between them and him, than to put away from his court and councils thofe who were unacceptable to them. If our King hath the fame neceffity to please the people, though for other reafons than want of title, yet I am fure the precedent holds, that a wife Prince when he hath a regard for his people, VOL. VI. R will |