To establish this freedom and put a stop to the corruption or violence that destroy it, nothing appears at first sight more proper than the putting of Parliaments upon their ancient foot, allowing them to sit but one Session, and never to continue above a year. In such a case foreigners or strangers who have no merit or interest in a burrough but what their bribes and money purchase them, will never be able to carry elections against the Gentlemen of the neighbourhood, who have a natural interest in the place. For as the present circumstances of the Crown and Nation, so different from what they formerly were, require Parliament to be annually held for the granting of new supplies, no private purse can hold out for any length of time in furnishing those immense sums that are now squandered away by strangers in the expences of disputed elections: and as this evill is grown very rife, and all laws made to remedy it have hitherto proved ineffectual, it is scarce possible to be cured by any other method.
There is another practice in the House of Commons itself, that helps to destroy the freedome of Parliaments: I mean the method taken by the stronger party of thinning the House, and expelling such as are of different sentiments from themselves, however duely chosen; altering the rights of electors as they see fit and as will best furnish them a pretence for that purpose. Some method should therefore be taken in fixing the right of voting in elections on an invariable foot, so as not to be violated or altered by any determination of the House of Commons. If this were done by an Act of Parliament, and every person whose vote is refused by the returning officer, or whose right is infringed by the intrusion of a wrong member, had power to bring an action and to recover very great damages, from both of these, this scandalous and mischievous evill might possibly be prevented.
The iniquities of these late times suggest some other measures to be taken; such as the limiting of the number of officers and pensioners that sit in the House of Commons; and the disabling of all Excise men, Custom house officers, and soldiers, that are under command and consequently not free to vote according to their own inclinations and real sentiments, from having voices in elections, unless on account of their freeholds, when they have any.
In former times the Civil and Military power of the Nation lay entirely in the hands of Gentlemen of estates, and was incident to their tenures; but that face of things is now changed, and the exercise of the Civil power is at present vested in the Justices of the peace, as that of the military is in the Lord and Deputy Lieutenants. Very inconsiderable persons have of late years been put into both these commissions; and very ill consequences have either been found or are daily apprehended, to arise from thence. This makes it generally wished that none should be qualified for the office of a Deputy Lieutenant who has not £500 a year, or for that of a Justice of peace in any county, who has not £300 or at least £200 a year in such County. These methods for restoring in some degree such considerable branches of our old Constitution would at the same time advance the security of the Church.
There are penal laws enough already made, and I do not see any occasion there can be of adding to them unless that instead of receiving the Sacrament occasionally, the constant conformity of a person to the established Church, be made the qualification for any government, command or office of rank or profit: and that instead of a Certificate of a persons having received the Sacrament, another of his being a constant communicant with the Church of England be insisted on and given by the Minister and Churchwardens of the parish where such person usually resides six months at least in the year, before he shall be allowed to enter upon the exercise of his office.
Some such regulations as these, (which are but too much wanted at present,) would contribute equally to the security of the Church, and the happiness of the Nation.
At the end of this Memorandum there is appended the following autograph letter from the Pretender, which would seem to show that Sir Robert Walpole had personally authorised Mr. Carte to obtain a statement of his views. It runs as follows:—
Rome, July 17, 1739.
The Message you bring could not but appear verry singular and extraordinary to me because you deliver it only from second hand and that I have no sort of proof of your being authorised by the person in question, who cannot but feel that it is natural for me to mistrust what may come from him. It may be and I hope it is the case that he wishes me and my cause well, and I am sensible it may be greatly in his power to serve both.
If he hath realy my interest at heart, lett him send to me some trusty friend and confident of his to explain to me his sentiments and viewes; and if he pursues measures which manifestly tend to my Restoration, I shall be persuaded of his sincerity, and shall consider and reward him after my restoration proportionably to the share he may have had in bringing it about. But whatever may or may not be in this matter, I have no difficulty in putting it in your power to satisfy him authoritically on the two articles about which he is sollicitous, since independant of his desire, I am fully resolved to protect and secure the Church of England according to the reiterated promisses I have made to that effect, and shall be ready after my restoration to give all reasonable security which a first Parliament can ask of me for that end. As for ye Princes of the House of Hannover I thank God I have no ressentment against them, nor against any one living; I shall never repine at their living happily in their own Country after I am in possession of my Kingdomes and should they fall into my power upon any attempt for my restoration, I shall certainly not touch a hair of their heads.