The History of the Cases of Controverted Elections Which Were Tried And Determi

Cover The History of the Cases of Controverted Elections Which Were Tried And Determi
The History of the Cases of Controverted Elections Which Were Tried And Determi
Sylvester Douglas Glenbervie
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IV. K been i-o CASE XXXIII. Been urged on the other fide, this doctrine, on a fair review of the arguments ariling from the writ, from the ftatutes, from the authority of writers on the fubjed:, and from the cafes, muft ftand its ground, and ought to be confirmed by the determina- tion in this caufe. The writ does not make the law. Agreed. But a claufe, which has exifted in the writ almoft ever fince the Parliament itfelf has exifted in its prefent form, is certainly the moft fatis factory evid...esce of the law. The petition in 13 Edw. III. Proves that the " Nolumus" does not depend on the act of the 4. 6th of that Kingj and that it derived its origin from the people (C). Its autho- rity is confirmed by 4 Ken. IV. Cap. 5. , which ftatute remains in force to this day. It has been already obferved that Parliaments, in thofe days, were generally of much fhorter duration than the annual office of fheriff. Confequently, at that period, there was the utmoft propriety in excluding from Parliament perfons who, without breach 5 of SOUTHAMPTON, 131 of their oaths (E), could nevtr once take their feats.

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