proved of, the house, on the 27th March, 1704, came to See 17 the four following resolutions:

1st, "That by the known laws of this kingdom, every freeholder, or other person, having a right to give his vote at the election of members to serve in parliament, and, being wilfully denied or hindered so to do, by the officer who ought to receive the same, may maintain an action in the queen's courts against such officer, to assert his right, and recover damages for the injury.

2dly, "That the asserting that a person, having a right to give his vote at an election, and, being hindered so to do by the officer who ought to take the same, is without remedy for such wrong, by the ordinary course of law, is destructive of the property of the subjects, against the freedom of elections, and manifestly tends to encourage corruption and partiality in officers, who are to make returns to parliament, and to subject the freeholders and other electors, to their arbitrary will and pleasure.

3dly, "That the declaring Matthew Ashby guilty of a breach of privilege of the house of commons, for prosecuting an action against the constables of Aylesbury, for not receiving his vote at an election, after he had, in the known and proper methods of law, obtained a judgment in parliament for recovery of his damages, is an unprecedented attempt upon the judicature of parliament, and is, in effect, to subject the law of England to the votes of the house of commons.

4thly, "That the deterring electors from prosecuting actions in the ordinary course of law, where they are dcprived of their right of voting, and terrifying attornies, solicitors, counsellors, and serjeants at law, from soliciting, prosecuting, and pleading, in such cases, by voting their so doing to be a breach of privilege of the house of commons, is a manifest assuming a power, to controul

Lords Jour. 534.

See 17

the law to hinder the course of justice, and subject the property of Englishmen to the arbitrary votes of the house of commons."

And on the 27th February following, the house furLords Jour. ther resolved:

677.

1st, "That neither house of parliament hath any power, by any vote or declaration, to create to themselves any new privilege that is not warranted by the known laws and customs of parliament.

2dly, "That every freeman of England, who apprehends himself to be injured, has a right to seek redress by action at law; and that the commencing and prosecuting an action at common law against any person (not entitled to privilege of parliament) is no breach of the privilege of parliament.

3dly, "That the house of commons, in committing to Newgate, Daniel Horne, Henry Bass, and John Payton, junior, John Paty, and John Oviatt, for commencing and prosecuting an action at common law, against the late constables of Aylesbury, for not allowing their votes in election of members to serve in parliament, upon pretence that their so doing was contrary to a declaration, a contempt of the jurisdiction, and a breach of the privilege of that house, have assumed to themselves alone a legislative authority, by pretending to attribute the force of a law to their declaration; have claimed a jurisdiction not warranted by the constitution; and have assumed a new privilege, to which they can shew no title by the law and custom of parliament; and have thereby, as far as in them lies, subjected the rights of Englishmen, and the freedom of their persons, to the arbitrary votes of the house of commons.

4thly, "That every Englishman, who is imprisoned by

any authority whatsoever, has an undoubted right, by his agents or friends, to apply for and obtain a writ of habeas corpus, in order to procure his liberty by due course of law.

5thly, "That for the house of commons to censure or punish any person for assisting a prisoner to procure a writ of habeas corpus, or by vote or otherwise to deter men from soliciting, prosecuting, or pleading upon such writ of habeas corpus, in behalf of such prisoner, is an attempt of dangerous consequence, a breach of the many good statutes provided for the liberty of the subject, and of pernicious example, by denying the necessary assistance to the prisoner, upon a commitment of the house of commons, which has ever been allowed upon all commitments by any authority whatsoever.

6thly, "That a writ of error is not a writ of grace, but of right, and ought not to be denied to the subject, when duly applied for, though at the request of either house of parliament; the denial thereof being an obstruction of justice, contrary to Magna Charta."

These latter resolutions occasioned a free conference between the two houses; but neither of them being inclined to yield to the other, the queen soon afterwards put an end to the dispute by dissolving the parliament.

Sargent v. Milward, was an action brought after the general election in 1784, against the defendant, who was mayor of Hastings. The declaration stating the plaintiff's right, and that the defendant, knowing the same, and wrongfully intending to deprive him thereof, refused his vote. The defendant pleaded the general issue. The plaintiff had a verdict for £. 200 damages; the defendant's malice was the ground of the action. An attempt was made to set aside the verdict, but without success. Vid. Drew v. Colson, and Burgoyne v. Moss ante p.227 n. Cullen v. Morris, ante, p. 205.

seal to

to sheriffs

and Mid

all other

writs to the

forward the

same.

No. XLVIII.

The stat. 53 G. 3. c. 89.

An Act for the more regular Conveyance of Writs for the Election of Members to serve in Parliament.

Messenger FOR the more expeditious and regular conveyance of of the great writs for the election of members to serve in parliament, carry writs be it enacted by the king's most excellent majesty, by of London and with the advice and consent of the lords spiritual and dlesex; and temporal, and commons, in this present parliament assembled, and by the authority of the same, That when postmaster any new parliament shall at any time hereafter be sumgeneral, moned or called, as also in all cases of vacancy during who shall this present or any future parliament, the messenger or pursuivant of the great seal, or his deputy, shall, after the receipt thereof, forthwith carry such of the said writs as shall be directed to the sheriffs of London, or sheriff of Middlesex, to the respective offices of such sheriffs or sheriff; and all such other writs to the general post-office in London, and there deliver the same to the postmaster or postmasters general for the time being, or to such other person or persons as the said postmaster or postmasters general shall depute to receive the same, (and which deputation they are hereby respectively required to make,) who, on receipt thereof, shall give an acknowledgment in writing of such receipt to the said messenger or his deputy, from whom the same shall be received, expressing therein the time of such delivery, and shall keep a duplicate of such acknowledgment, signed by the parties respectively to whom and by whom the same shall be so delivered; and the said postmaster or postmasters general, or such their deputy or deputies, shall dispatch all such writs, free from the charges of postage, (which

they are hereby authorized to do,) by the first post or mail after the receipt thereof, under covers, respectively directed to the proper officer or officers to whom the said writs shall be respectively directed, and to no other person whomsoever, accompanied with proper directions to the postmaster, or deputy postmaster of the town or place, or nearest to the town or place where such officer or officers shall hold his or their office, requiring such postmaster or deputy postmaster forthwith to carry such writs respectively to such office, and to deliver the same there to such officer or officers to whom the same shall be respectively directed, or to his or their deputy or deputies, who are hereby respectively required to give to such postmaster or deputy postmaster, a memorandum in writing, under his or their hand or hands, acknowledging the receipt of every such writ, and setting forth the day and hour the same was delivered by such postmaster or deputy postmaster, which memorandum shall also be signed by such postmaster or deputy postmaster, who are hereby required to transmit the same by the first or second post afterwards, to the said postmaster or postmasters general, *or their respective deputies at the said general post office in London, who are hereby required to make an entry thereof in a proper book for that purpose, and to file and keep such memorandum along with the duplicate of the said acknowledgment, signed by the said messenger as aforesaid, to the intent that the same may be inspected or produced upon all proper occasions, by any person interested in such elections.

notice to

masters ge

2. And that the said postmasters general may be duly Sheriffs, informed where such officers to whom such writs shall be &c. to give respectively directed, hold their respective offices for the the postpurposes aforesaid; be it further enacted by the authority neral of aforesaid, That the chancellor of the county palatine of the place where they Lancaster, the lord bishop of Durham, or his temporal shall hold chancellor of the county palatine of Durham, the cham- their berlain of the county palatine of Chester, the warden of

offices.