A Word in Season, to prevent Undue Elections and Returns of Members of Parliament: Wherein the Method to be Observed, according to LAW, is Prescribed, and several Illegal Practices Reformed, and several Clauses of Statutes relating thereunto, Cited and Explained.  
IN such a Crisis of Time as this, wherein both our Civil Liberties and Religion are at Stake, and must certainly Stand or Fall together, I thought I could not do a greater Service to the Public, than to offer some Remedies, which might prevent the Fatal Consequences of Undue Elections and Returns, especially since the great Design of the Adversaries of our Religion, upon which they lay their whole Stress, and have used their utmost Efforts, for these two Years last passed, appears to be the framing of such a Parliament, as might make Way for the Change of our Religion; to compass which, they have used such Unheard of Methods, and practised such open Violations upon the Rights and Freedoms of Parliaments and Elections, as no Age can parallel, without any colour of Law or Precedent.  
For the Demonstration of which, it shall suffice to give these few Instances.  
Not to insist upon the Quo Warrantoes brought, and Judgements given thereupon, against the Charter of London, and other Places, at the latter end of the late King's Time, with the Methods taken to procure Surrenders from Cities and Corporations, with the Exorbitant Fines imposed upon the Rioters of London, at the Election, and the framing of Courts, Juries, and Sheriffs to this purpose, which yet had been done in the forms, and under the countenance of Law, and therefore are only fit for the Consideration of a Parliament, together with that Proviso introduced into all the New Charters, wholly inconsistent with the Nature of a Corporation, wherein every man hath a Freehold, and the Corporation itself a Perpetuity of an Inheritance, and which manifestly Subverts all the Right and Freedom of Elections, not only of the Members of the Corporation, but of their Representatives in Parliament, and have not yet the countenance of one Precedent or Judgement of any Court; and therefore it is hoped, will be declared Illegal and Void, by the next succeeding Parliament: All which matters have been strangely Improved and Extended by the Ministers, in the Reign of his present Majesty, as might be easily Demonstrated; but I shall only fix upon such things as have been lately practised, which come within the former Rule, Of being without the Colour of Law, or Precedent.  
First, First and before all, that Method of Testing all the Officers in the Kingdom, from the highest to the lowest, with these three Questions, and Turning Out all such as refused to comply, 1st, Whether, if they were Chosen to be Members of Parliament, they would give their Voice, to Repeal the Penal Laws and Test? Directly opposite to the Right and Freedom of Parliaments, and the Duty of the Members thereof. 2dly, Whether they would give their Voices to Elect such as would Repeal the Penal Laws and Test, in Subversion of the Right of Election, and Freedom of Members? 3dly, Whether they would stand by the King's Declaration; wherein the King Assumes to himself to Suspend all these Laws, without Limitation of Time or Persons?  
Secondly, The underhand Imposing upon the Clergy, to Address for, and then publicly, by order, to Read the Declaration, and the Proceeding against the Bishops for not concurring therein, and against the Body of the Clergy that refused to comply therewith.  
Thirdly, The Testing the Corporations by Addresses and otherwise, to promise to Elect such Members as should be for taking off the Penal Laws and Test, when the King should please to call a Parliament, and the turning out all such, from time to time, as refused.  
Fourthly, The Imposing Charters upon several Burroughs, in Cornwall and Devon, and elsewhere, before the Election of the last Parliament, without Petition, and taking away the Right of Election from the generality, and restraining it to a few, which hath also been endeavoured upon other Burroughs since.  
Fifthly, Procuring an Order to be entered in most of the Cinque Ports, That the King should have the Nomination of one Member.  
Sixthly, Appointing a Committee or Commission, consisting for the most part of Roman Catholics, both Lords and others, publicly to Meet twice or thrice a Week, to Consult about the Method of framing a Parliament to these Ends, and give out Orders for the same, and especially for the Regulating Corporations, as it is called, and employing Commissioners into all Counties under them.  
Seventhly, The Nominating many Lord Lieutenants, Sheriffs, Mayors, and Bailiffs, professed Roman Catholics, and the generality of the rest, such as by reason of their Dependence upon the Court, Indigence of their Fortunes, or Obnoxiousness to the Laws, have contrary to their Duties, given an Assurance to promote such Elections.  
I have mentioned these, only to show the great Necessity incumbent upon every good Englishman and Protestant, however differing in Opinion as to some Religious Matters, to use their utmost Endeavours upon the approaching Election, to oppose and prevent all further Illegal Practices, either in the Election or Return: And the better to enable them, shall propose this following Method, as I conceive, undoubtedly warranted by Law.  
I. That since by the Statute of Westm. 1 C. 5. it is declared, That all EElections ought to be Free; and the King forbids, under grievous Forfeitures, that no Great Man, nor other, by Power of Arms, or by Malice, or Threaten, should disturb to make Free Elections: and by the Statute 7 H. 4.15. it is declared, That Elections ought to be freely, indifferently, made without Request or Commandment: No Peer hath to do in the Election of the Commons, being no Suitor, or Summonable to the County Court, nor Contributory to the Ways for his Land; that therefore no City, Borough, or Corporation, or the Members thereof, or Electors for the County, do admit of any Recommendation, Request, or Commandment from the King, or any Peer in Office, (who ought not by the Law to intermeddle in any of these Elections) or make any Promise to any of them, for the Choice of any Man, before such Election, nor admit of the Presence of any Lord-Leiutenant, or of any Military Officer or Soldier, not having Right to give a Voice to the said Election, but to insist upon it, that they withdraw.  
II. That after the Writ or Precept Read, they cause to be Read the Statutes of 7 H. 4.15. and 23 H. 6.15. wherein the Manner is prescribed for the Elections, both in Counties, Cities, and Burroughs, and that they both pursue and require of the Sheriff, and chief Officers, the Observation thereof, and not to permit or suffer any Deviation from the same.  
III. That they do principally observe two things in the said Statutes, 1st, That as well the Return as the Election of the Knights, is to be made at the next County-Court after the receipt of the Writ, and the Sheriff not to Departed, or Dissolve the Court till such time as the Return be made. 2dly, 
See also the Clause in the Writ, added by the Statute of 23. H. 6.15.  That both the Election and Return is to be made by Indenture, which is to be Sealed by every one of the Electors, and the Duplicate by the Sheriff, and the such Indenture shall be annexed to the Writ; and the such Indenture is the Return of the Sheriff: So that the Return is in the Power of the Electors, and not of the Sheriff; the omission of which Sealing the Indenture, at the time of giving in their Votes, by every Elector, which is the standing Poll of the Election, by Law, and no other Poll required, hath given the opportunity to the Sheriff of practising all the Partiality imaginable at Polls, and by Adjourning of the Court to remote Places and Inns, after the Election, which he cannot do without the Consent of the Freeholders, by Law, unless in case of necessity, for want of Provisions, or Sickness broke out in the place since the last Court, or the like, as also of the false and double Returns made by them. The Method therefore to be taken is this, not wholly refusing the Poll, because it hath been long practised, and gives the Sheriff opportunity of examining as to 40 s. per annum, to prepare an Indenture, one part whereof to have several Skins of Parchment, to which (in case of Contest) either before or after the giving their Votes, every Elector should set his Name or Mark and Seal, such Sealing to be in the presence of some entrusted therewith, who may testify the same; and such Seals to be dropped with hard Wax upon the Parchment, in rows, with room to write the Names; which, at the end of the Election, with a Duplicate is to be presented to the Sheriff, and he required to annex the same to his Writ, and if he refuse so to do the same, they may justify the detaining him there till he comply; nor can he Adjourn or Dissolve the Court till he hath performed the same, and sealed a Duplicate thereof, there being no occasion for such an Ajournment; nor is he Judge of any Exception, but only hath Power to Examine upon Oath, as to the 40 s. per annum.  
iv As to Cities, Burroughs, and Towns Corporate, the like Method is to be observed in their Elections and Returns, and though it be not particularly expressed in the said Statutes, as to the manner of their Election and Return, as in the Case of the Knights of the Shire, yet the constant Practice of making Return by Indenture, either under the common Seal of the Corporation, or Hands and Seals of the Electors, where no common Seal is, and annexing it to the Precept, and proceeding in the same manner by Votes and Poll, in case of a Contest, shows that this was the common Law and Custom of England, before the making of the said Statutes, and only reinforced under Penalties by such Statutes: and therefore the putting the Seal to this, and Annexing it to the Precept, and Endorsing by the Mayor, or other chief Officer, upon the back of the Precept, that the Return of this Precept, is in an Indenture thereto annexed, is the Duty of the Mayor, and what he may be compelled to do after the Election, before he Adjourn or Dissolve the Court; and by a Clause in the Statute 23 H. 6.15. it is declared, The Citizens and Burgesses as have always been Chosen by Citizens and Burgesses, and no other, and Returned to the Sheriff, and upon their Returns accepted and received by Parliament.  
V In case the Sheriff shall refuse to annex such Return and Precept to the Writ, for which end the Corporation ought to send some of their Number with the Mayor or chief Officer; they may do well to detain the Return, and not deliver it till the Parliament Sits; and in case of any doubt of the Practice of the Sheriff and Mayor, after the Return made in manner aforesaid, they may keep the Return, and carry it in to the Sheriff, such Indenture so annexed, being as well the Return of the Mayor, as in the County of the Sheriff.  
VI Whereas many Foreigners have been made Members of Corporations, which do not Live, nor Inhabit in the said Corporations, 'tis humbly conceived, that no Votes in Election can belong to them; for that it appears not only by the Statute 1 H. 5.1. and other Statutes that require the Electors to be Citizens and Burgesses of the said Cities and Burroughs, that are resiant on the Place, which though it be Dispensed with as to the Persons Elected, being only a prohibitory Clause, and not disabling the Person to be Elected, or making the Election void, and that those Acts were made upon Petition of the Gentlemen, not to be compelled to serve for Corporations, and so was granted to them as a Privilege, if they would take advantage of it, but Volenti non fit injuria, yet was it never Dispensed with, as to the Electors in Counties, nor ought it to be so in Corporations or Burroughs; and that this is the Common Law of the Realm, appears by the Clause in the Statute 23 H. 6.15. which after the recital of the Statute 1 Hen. 5.1. declares, That the Citizens and Burgesses have always been Chosen by Citizens and Burgesses, and no other; and also, that even those that have been real Citizens or Freemen, or Inhabitants of Corporations, as having been Apprentices there, yet when they live out of the said Towns, cannot enjoy the Privileges that are Granted to the said Corporations, as in the famous Judgement in Prizage, as to the Citizens of London: which shows that the Privileges are Local and not Personal; and though they have been sometimes admitted to give Votes, yet it is conceived, this is against Law, and cannot be defended.  
VII. Where Sheriffs, Mayors, and other chief Officers have not taken the Test, and will not comply with the Law, to make due Elections and Returns, it is conceived, that they may be justly excepted against, and the Elections and Returns made without them; and that where any Burrow hath a Corporation lately put upon them, neither the Election nor Return is altered thereby, but shall belong to the Inhabitants and Bailiff of the Burrow as formerly, and not to the Mayor or Bailiff by Charter.  
FINIS.