Being of this Kingdom can have no other Bottom to stand upon but the Parliament it being the Foundation upon which the whole Frame of the Commonwealth is built The Parliament is the Cabinet Ib. 201. wherein the chiefest Jewels both of the Crown and Kingdom are deposited The great Prerogative of the King and the Liberty of the People are most effectually exercised and maintained by Parliaments c. Parliaments are the Ground and Pillar of the Subject's Liberty Ib. 587. and that which only maketh England a free Monarchy Parliaments are says the Earl of Warwick Ib. 752. Admiral of the Sea to John Pym Esq July 6 1742 That Great Council by whose Authority the King's of England have ever spoken to their People Both Houses of Parliament are the Eyes in the Body Politick Ib. 702. whereby His Majesty is ought by the Constitution of this Kingdom to discern the Differences of those Things which concern the Publick Peace and Safety thereof The Parliament is the Mouth of the King and Kingdom Vox Dei c. Parliaments says K. C. 1. in his Declaration to all his Loving Subjects Rushw Coll. 3d Part Vol. 2 p 40. after his Victory at Edgehill on the 23d of October 1642 are the only Sovereign Remedies for the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom That without Parliaments the Happiness cannot be lasting to King or People The Parliament is to be considered in three several Respects first Ib. p. 45. As it is a Council to advise 2dly As it is a Court to judge 3dly As it is the Body Representative of the whole Kingdom to make repeal or alter Laws L'Assemblie de Troys Estates Cestascavoir Finch's Nemotecnia lib. 2. c. 1. fo 21. Roy Nobility Commons qui font le Corps del Realm est appel un Parliament lour Decree un Act de Parliament Car sans touts troys come si soit fait per Roy Seigneurs mes rien parle del Commons nest Ascun Act de Parliament i. e. The Assembly of the three Estates to wit the King the Nobility and the Commons which make the Body of the Realm is called a Parliament and their Decree an Act of Parliament for without all three as if it be done by the King and Lords but speaks nothing of the Commons there is not any Act of Parliament On the Restoration of King Charles the 2d the Commons resolved May 1. 1660. Journal Dom. Co. That this House doth agree with the Lords and do own and declare that according to the antient and fundamental Laws of this Kingdom the Government thereof is and ought to be By King Lords and Commons The Word Parliament is used in a double Sense 1. English Liberties p. 78. Strictly as it includes the Legislative Power of England as when we say an Act of Parliament add in this Acceptation it necessarily includes the King the Lords and the Commons each of which have a Negative Voice in making Laws and without their Joint Consent no new Laws can pass that be obligatory to the Subject 2. Vulgarly the Word is used for the Two Houses the Lords and Commons as when we say The King will call a Parliament His Majesty has dissolved his Parliament c. This Court is the highest Court in England Crompton's Juris p. 1. in which the Prince himself sits in Person and usually comes there at the Beginning of the Parliament and at the End and at any other Time when he pleaseth 4 Inst 3. during the Parliament The King is the Caput Principium and Finis of Parliaments It appears by Precedents That whenever a Parliament was sitting in the King's Absence Rushw Coll. Vol. 3. Part 1. p. 772. there was always a Custos Regni or a Locum Tenens Regis appointed This Court consists of the King's Majesty 4 Inst 1. sitting there as in his Royal Politic Capacity and of the three Estates of the Realm viz. the Lords Spiritual Arch-Bishops and Bishops who sit there by Succession in respect of their Counties Vide Dyfol 60. or Baronies parcel of their Bishopricks The Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by Descent or Creation every one of which both Spiritual and Temporal ought to have a Writ of Summons ex debito Justitiae And the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs all which are respectively elected by the Shires or Counties Cities and Boroughs by Force of the King's Writ ex Debito Justitiae and none of them ought to be omitted And these represent all the Commons of the whole Realm and are trusted for them The King and these three Estates Ib. 2. are the great Corporation or Body Politic of the Kingdom and do sit in two Houses King and Lords in one House called The Lords House the Knights Citizens and Burgesses in another House called The House of Commons That which is done by this Consent Arc. Parl. 2. is called firm stable and sanctum and is taken for Law All the Judges of the Realm Towns Coll. 5.6 Vid. Cromp ton 1. Barons of the Exchequer of the Coif the King's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the Upper House of Parliament but they have no Voices in Parliament 4 Inst 4. but are made sometimes joynt Committees with the Lords Every Englishman is intended to be there present either in Person Arc. Parl. 3. Smyth's Common-wealth 74 or by Procuration and Attorney of what Preeminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person in England And the Consent of the Parliament is taken to be every Man's Consent In antient Time the Lords and Commons of Parliament did sit together 2 Bulstro 173. See Cotton's Records 12.13.348 Post 60. in one and the same Room but afterwards they were divided to sit in several Rooms and this was at the Request of the Commons but yet still they remain but one Court And of all this I have seen the Records one in the Time of H. 1. where all of them did sit together and mention is there made of the Degrees of their Seats so in the Time of E. 3.39 No Man ought to sit in the High Court of Parliament 4 Inst 45. but he that hath Right to sit there For it is not only a personal Offence in him that sitteth there without Authority but a publick Offence to the Court of Parliament and consequently to the whole Realm It is to be observed 4 Inst 2. That when there is best Appearance there is the best Success in Parliament At a Parliament 7 Hen. 5. of the Lords Spiritual and Temporal there appeared but Thirty and there was but one Act pass'd of no great Weight In 50 Ed. 3. all the Lords appeared in Person and not one by
c. 6 7. the Lords may proceed in Judgment against the Delinquents of what Degree soever and of what Nature soever the Offence be For where the Commons complain the Lords do not assume to themselves Trial at Common Law Q. Neither do the Lords at the Trial of a Common Impeachment by the Commons decedere de Jure suo for the Commons are then instead of a Jury and the Parties Answer and Examination of Witnesses are to be in their Presence Post 120. or they to have Copies thereof and the Judgment is not to be given but upon their Demand which is instead of a Verdict so the Lords do only judge not try the Delinquent 28 Hen. 6. Id. 98. Tho' the Lords refused to commit the Duke of Suffolk upon the Commons complaint of him of a common Fame of Treason yet when they accused him of a particular Treason he was Committed and brought Prisoner to his Answer But in Cases of Misdemeanors it is otherwise Then the Party accused whether Lord or Commoner answers as a Freeman viz. The Lord within his Place Ibid. the Commoner at the Bar and they are not committed till Judgment unless upon the Answer of a Commoner the Lords find Cause to commit him till he find Sureties to attend c. lest he should fly Prout Jo. Cavendish upon the Lord Chancellor's demand of Justice against him for his false Accusation was Committed after his Answer until he put in Bail Anno 7 Rich. 2. and before Judgment In Cases of Misdemeanors only Id. 105. the Party accused was never deny'd Counsel If the Commons do only complain Id. 163. and do neither impeach the Party in Writing nor by Word of Mouth in open House nor demand Trial to be in their Presence Post 120. in these Cases it is in the Election of the Lords whether the Commons shall be present or not In Complaints of Extortion Id. 173. and Oppression the Lords awarded Satisfaction to the Parties wronged which sometime was certain sometime general but alway secundum non ultra Legem It appeareth plainly by many Precedents Id. 176 177. that all Judgments for Life and Death are to be render'd by the Steward of England or by the Steward of the King's House and this is the Reason why at every Parliament the King makes a Lord Steward of his House tho' he hath none out of Parliament And at such Arraignment the Steward is to sit in the Chancellor's Place and all Judgments for Misdemeanors are by the Chancellor or by him who supplies the Chancellor's Place In Case of Recovery of Damages Id. 187. or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any other inferior Court at the Common Law But the Lords in Parliament may direct how it shall be levied The Judges who are but Assistants to the Upper House have leave from the Lord Chancellor or Keeper Sir Simon d'Ewes Journal 527. Col. 2. to sit cover'd in the House but are alway uncover'd at a Committee 3. Car. 1. Petyt's Msscel Parliam 212 213. The Sentence of the Lords Spiritual and Temporal pronounced by the Lord Keeper against Ensign Henry Reynde for ignominious Speeches uttered by him against the Lord Say and Seal and for his Contempt of the High Court of Parliament was thus 1. That he never bear Arms hereafter but be accounted unworthy to be a Soldier 2. To be imprisoned during Pleasure 3. To stand under the Pillory with Papers on his Head shewing his Offence at Cheapside London or at Banbury 4. To be fined at 200 l. to the King 5. To ask Forgiveness here of all the Lords of Parliament in general and of the Lord Say and his Son in Particular both here and at Banbury And the Court of Star-Chamber ordered by the Lords to put the said Sentence in Execution out of Time of Parliament Id. 213. Vide a Sentence pronounced by the Lords Die Martis 26. Julij 1642. against one John Escot of Launceston in the County of Cornwall for speaking Scandalously of the Parliament in Rush Col. Vol. 1. f. 759 760. And likewise against John Marston Clerk Rector of St. Mary Magdalen in the City of Canterbury ibid. See divers particulars touching the Power and Jurisdiction of the House of Lords in Prynn's Plea for the House of Lords c. as also a Book printed Anno 1669. Entitled The Grand Question concerning the Judicature of the House of Peers Stated c. See also Sir M. Hales of Parliaments Pa. 138 139. and ibid 140 c. where Attendants on the upper House may be Members of the House of Commons Q. CHAP. VI. House of Commons THE House of Commons was originally Sir R. Atkyns Argument c. p. 13. and from the first Constitution of the Nation the Representative of one of the three Estates of the Realm and a part of the Parliament It is assirmed by Mr. Lambard Lambard's Archeion 257 258. that Burgesses were chosen to the Parliament before the Conquest The antient Towns call'd Boroughs Littleton Sect. 164. are the most antient Towns that are in England for the Towns that now are Cities or Counties in old Time were Boroughs and call'd Boroughs for that of such old Towns came the Burgesses to the Parliaments Knights of the Shire to serve in Parliament Sir Rob. Atkyn's 18. and the paying Wages to them for their Service has been Time out of Mind and did not begin 49 Hen. 3. for that is within Time of Memory in a Legal Sense The House of Commons Id. 34. as a Member of the High Court of Parliament have been as antient as the Nation itself and may in the Sense of Julius Caesar be accounted among the Aborigines and that they have had a perpetual Being to speak in the Language of the Law a Tempore cujus Contraria memoria Hominum non existit and that they are therefore capable by Law together with the rest of the three Estates in Parliament to prescribe and claim a share in all Parliamentary Powers and Priviledges I do not mean seperately but in conjunction with those other Estates which they could not otherwise legally have done if their Original and Commencement could have been shewn During the British Saxon Petyt's Preface to the antient Rights of the Commons c. p. 3. and Norman Governments the Freemen or Commons of England as now call'd and distinguish'd from the great Lords were pars essentialis constituens an essential and constitutent part of the Wittena Gemot Commune Concilium Baronagium Angliae or Parliament in those Ages It is apparent Id. 12. and past all Contradiction that the Commons in the Times of the Britons Vid. Ch. 1 ante Saxons and Picts were an essential Part of the Legislative Power in making and ordaining Laws by which themselves and their Posterity were to be Govern'd and that the Law was then the golden Metwand and Rule which Measured out and allowed the Prerogative of the Prince and
Petyt 's Miscell Parl. 111. The Mayor of Winchelsey for mis-behaving himself at the Election of Parliament Men for that Town and making a false Return ordered to be committed to the Serjeant and to make a Submission at the Bar and an Acknowledgment in the Town before the new Election 20 Jac. 1 Id 112. The Mayor of Arundel for mis-behaving himself in the Election by putting the Town to a great deal of Charges not giving a due and general Warning and packing a Number of Electors ordered to be sent for and adjudged to pay the Charge to be set down by three of the Members Likewise to every City and Town Arc. Parl. 4. Smith 's Common-wealth 76 which of antient Time hath been wont to find Burgesses of the Parliament so to make Election of their Members that they might be present there at the first Day of the Parliament In 7 Hen. 4 4 Inst 10. 2 Inst 169 it is enacted That Elections shou'd be freely and indifferently made notwithstanding any Prayer or Commandment to the contrary sine Praece vel Pretio without any Prayer or Gift and sine Praecepto without Command-the King by Writ or otherwise or of any other The King de advisamento Concilii 4 Inst 4. resolving to have a Parliament doth out of the Court of Chancery send out Writs of Summons at the least forty Days before the Parliament begin The third Estate is the Commons of the Realm 4 Inst 1. Crompton's Juris 2. whereof there be Knights of the Shires or Counties Citizens of Cities and Burgesses of Boroughs All which are respectively elected by the Shires or Counties Cities and Boroughs by Force of the King's Writ ex debito Justitiae and none of them ought to be omitted These represent all the Commons of the whole Realm are entrusted for them Ibid. and are in Number at this Time now 558 viz. 513 for England and 45 for Scotland Whosoever is not a Lord of Parliament Id. 2. and of the Lord's House is of the House of Commons either in Person or by Representation partly coagmentative and partly representative Every Member of the House being a Counsellor for the Kingdom Id. 3. shou'd have three Properties First to be without Malice or Envy Secondly to be constant and inflexible Thirdly to be of ripe and perfect Memory as appeareth in Parliament Roll Rot. Parl. 3 H. 6. n. 3. The Knights of the Shire are chosen by all the Gentlemen and Yeomen i. e. Freeholders of the Shire Arc. Parl. 5. Smith 's Common-wealth 77. present at the Day assign'd for the Election The Voice of any absent is to be counted for none Concerning the Writs for summoning the Knights and Burgesses and the Return of the Sheriff thereupon Vide Crompton's Juris 1.2 Every Englishman is intended to be there present Arc. Parl. 3. either in Person or by Procuration and Attorney and the Consent of the Parliament is taken to be every Man's Consent These meeting at one Day Id. 10. Smith 's Common-wealth 77. the two who have most of their Voices are chosen Knights of the Shire for that Parliament Likewise by the Plurality of the Voices of the Citizens and Burgesses the Citizens and Burgesses are elected The Election ought to be in full County 4 Inst 48. between Eight and Nine says the Statute of 23 Hen. 6. c. 15. No Election can be made of any Knight of the Shire but between Eight and Eleven of the Clock in the Forenoon says the Lord Coke But if the Election be begun within the Time and cannot be determined within those Hours the Election may be made after Any Election or Voices given Id. 49. before the Precept be read and published are void and of no Force for the same Electors after the Precept read and published may make a new Election and alter their Voices Secundum Legem Consuetudinem Parliamenti For the Election of the Knights Id. 48. if the Party or Freeholders demand the Poll the Sheriff cannot deny the Scrutiny for he cannot discern who be Freeholders by the View and tho the Party would wave the Poll yet the Sheriff must proceed in the Scrutiny The Knights shall be returned into Chancery by Indenture seal'd betwixt the Sheriff and the Choosers of Knights for the Parliament St. 8 H. 6. c. 7. 7 H. 4. c. 1. 23 H. 6. c. 15. Vide Crompton's Juris 3. 2 Nalson 870. Jan. 1641 in the Case of Mr. Downs return'd a Burgess for Arundel order'd That he be presently sworn and admitted as a Member into the House until such Time as the Election be determin'd A Burgess elected for two several Boroughs Sir Simon d'Ewes Jour 430 622. passim Petyt 's Miscel Parliament 112 113. may choose for which he will serve 21 Jac. 1 Edward Ingry Under-Sheriff of Cambridgeshire for refusing the Poll declaring that Sir Thomas Steward promised to defend him against Sir John Cutts was brought to the Bar and kneeling upon his Knees adjudg'd to be committed to the Serjeant's Custody and to make a Submission at the Bar and at the next Quarter-Sessions and to acknowledge his Faults 3 Car. 1 Id. 113. to 120. Thomson Sheriff of York for his hasty and precipitate Judgment of an Election and denying the Poll being requir'd and Alderman Henlow for advising and abetting the same adjudged to stand committed to the Serjeant during Pleasure to acknowledge their Offences at the Bar to pay all due Fees to defray the Charge of Witnesses to be assessed by four of the Committee to acknowledge their Faults on their Knees at the Bar and to read a Submission After the Precept of the Sheriff directed to the City or Borough for making an Election Id. 49. there ought secundum Legem Consuetudinem Parliamenti to be given a convenient Time for the Day of Election and sufficient Warning given to the Citizens and Burgesses that have Voices that they may be present otherwise the Election is not good unless such as have Voices do take Notice of themselves and be present at the Election When there is a Corporation made by Charter Hobart 15. Dungannon 's Case in Ireland and by the same an Ordinance that the Provost and Burgesses only shall choose c. the Law shall vest this Priviledge in the whole Corporation in mandment of Point of Interest tho the Execution of it be committed to some Persons Members of the same Corporation The King cannot grant a Charter of Exemption to any Man 4 Inst 49. to be freed from Election of Knight Citizen or Burgesses of Parliament as he may do of some inferior Office or Places because the Election of them ought to be free and his Attendance is for the Service of the whole Realm and for the Benefit of the King and his People and the whole Common-wealth hath an Interest therein 18 Eliz. 1575 resolved Sir Simon d'Ewes 244. Col. 2. Vide contra Sir Simon d'Ewes Jour 281 282. That any Person being a Member of the House and being either in
Person or Persons so Infeost to Vote at that Election and that it shall be lawful for any of the Electors present suspecting any Person or Persons to have his or their Estates in Trust and for the Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained to any Elector and the said Praeses is hereby impowered and required to administer the same In case such Elector refuse to Swear and also to subscribe the said Oath such Person or Persons shall not be capable of Voting at such Election Notwithstanding such Oath taken it shall be lawful to make such other Objections as are allowed by the Laws of Scotland against such Electors No Infeoffment taken upon any redeemable Right except proper Wadsetts Adjudications or Apprisings allowed by the Act of Parliament relateing to Elections in One thousand six hundred eighty one shall entitle the Persons so Infeoft to Vote at any Election in any Shire or Stewartry And no Person or Persons who have not been Enrolled and Voted at former Elections shall upon any Pretence whatsoever be Enrolled or admitted to Vote at any Election Scotland except he or they first produce a sufficient Right or Title to qualifie him or them to Vote at that Election to the satisfaction of the Freeholders formerly Enrolled or the Majority of them present and the returning Officers are hereby ordained to make their Returns of the Persons Elected by the Majority of the Freeholders enrolled and those admitted by them reserving always the Liberty of objecting against the Persons admitted to or excluded from the Roll as formerl The Right of Apparent Heirs in Voting at Elections by Virtue of their Predecessors Infeoffments and of Husbands by Virtue of their Wives Infeoffments reserved Any Conveyance or Right which by the Laws of Scotland is sufficient to qualify any Person to Vote in the Elections of Members of Parliament for Shires or Stewartries and whereupon Infeoffment is taken on or before the first Day of June in the Year of our Lord One thousand seven hundred and thirteen shall intitle the Person or Persons so Infeoft to Vote at the Elections of Members to serve in the next ensuing Parliament No Husband shall Vote at any ensuing Election by Virtue of their Wives Infeoffments Wales who are not Heiresses or have not Right to the Property of the Lands on account whereof such Vote shall be Claimed Ordained St. 23. H. 6. c. 15. Vide post c. That every Sheriff after the Delivery of any Writ of Election to him made shall make and deliver without Fraud a sufficient Precept under his Seal to every Mayor and Bailiff c. of the Cities and Boroughs within his County commanding them by his Precept if it be a City to choose by Citizens of the same City Citizens and in the same manner and form if it be a Borough to choose a Burgess by the Burgesses of the same to come to the Parliament Enacted St. 23 H. 8. c. 26. Wales c. That the Dominion of Wales shall be stand and continue for ever from henceforth Incorporated United and Annexed to and with the Realm of England and that all and singular Person and Persons born and to be born in the said Principality Country or Dominion of Wales shall have enjoy and inherit all and singular Freedoms Liberties Rights Privileges and Laws within this Realm and other the King's Dominions as other the King's Subjects naturally Born within the same have enjoy and inherit For all Parliaments to be holden and kept for this Realm Wales two Knights to be elected to the same Parliament for the Shire of Monmouth in the like Manner Form and Order as Knights and Burgesses be elected and chosen in all other Shires And that one Knight shall be Elect-for every of the Shires of Brecknock Radnor Montgomery and Denbigh and for every other Shire within Wales and for every Borough being a Shire-Town within Wales except the Shire Town of the County of Merioneth one Burgess and the Election to be in like Manner as Knights and Burgesses of the Parliament be Elected in other Shires That the Burgesses of all and every Cities Boroughs St. 35. H. 8 c. 11. and Towns in the twelve Shires within Wales and County of Monmouth not finding Burgesses for the Parliament themselves and contributary to Wages of Burgesses of such Shire-Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bailiffs and other Head Officers of the said Towns or by one of them to come and give their Elections for the Electing of the said Burgesses at such Time and Place Lawful and Reasonable as shall be assigned for the same intent by the said Mayors Chester Bailiffs and other Head Officers of the said Shire-Towns or by one of them in which Elections the Burgesses shall have the like Voice and Authority to elect the Burgesses of every the said Shire-Towns in such Manner as the Burgesses of the said Shire-Towns have and use That the County Palatine of Chester shall have two Knights for the said County Palatine St. 34 35 H. 8. c. 13. Chester and likewise two Citizens to be Burgesses for the City of Chester the same Election to be made under like Manner and Form to all Intents Constructions and Purposes as is used within the County Palatine of Lancaster or any other County or City within this Realm That the County Palatine of Durham may have two Knights for the same County St. 25. c. 2. c. 9. Durham and the City of Durham two Citizens to be Burgesses for the same City for ever hereafter to serve in Parliament the same Election from time to time to be made in Manner following viz. The Elections of the Knights to serve for the said County Palatine to be made by the greater Number of the Freeholders of the said County Palatine that shall be present at such Elections as is used in other Counties and that the Election of the said Burgesses from Time to Time Vid. Post 190.191 shall be made by the Major part of the Mayor Aldermen and Freemen of the City which shall be present at such Election See also the Stat. 34 35 H. 8. c. 24. Cambridge concerning the Payment of the Wages of the Knights of the Shire for Cambridge The Form of the Abjuration as altered by Stat. 4 Ann. c. 8. and as the same is now to be taken I A. B. do truly and sincerely acknowledge profess testify and declare in my Conscience before God and the World That our Sovereign Lord King George the Second is lawful and rightful King of this Realm and all other His Majesty's Dominions and Countries thereunto belonging And I do solemnly and sincerely declare That I do believe in my Conscience that the Person pretended to be Prince of Wales during the Life of the late King James and since his Decease pretending to be and taking upon himself the Stile and Title of King of England by the Name
Parliament began in October 28. Mor. rep 551. Sir Simon d'Ewes Jour 441 442. Moor 551. Eliz. and continued 'till the 29th Tho. Egerton Solicitor General was by Writ commanded to attend in Parliament upon the Lords in the upper House and after he had attended there three Days he was chosen a Burgess for Reading in Com. Berks and upon the Return of him the Commons went to the House of Lords and demanded that he might be dismissed from further attendance there and come into their House But upon Consultation and Defence made by himself the Lords retain'd him and the main Reason was because they were first posessed of him And in 5. Mor. ut Sup. Simon d'Ewes Jour 121 Col. 1 2. Eliz. Ouslow being a Member of the lower House upon a Prorogation of Parliament was made Solicitor General and when the Parliament met again he was commanded by Writ to attend the Lords House tho' chosen Speaker of the House of Commons but the Commons demanded him and it was granted because he was a Member of the lower House first so that this was the difference between his Journ Dom. Co. 21. Jac. 1.10 Martij Vid. Petyts Miscell Parl. 174. and the case above Sir Dudley Diggs said that in that Parliament when Bacon Attorney was in Question whither he ought to sit in the House of Commons or no twas over-ruled he ought not but yet in favour of him he was suffered to sit there and an Express order was made that never any other Attorney after should So careful were our Ancestors not to admit any to be a Representative of the People who was a Dependant on or could be influenc'd by the Court c. 18 Eliz. 1585. Concluded by the House Sir Simon d'Ewes Jour 249. Col. 1. that Mr. Serjeant Jeffreys being one of the Knights returned for Sussex may have Voice or give his Attendance in this House as a Member of the same notwithstanding his Attendance in the Upper House as one of the Queen's Serjeants for his Counsel there where he hath no Voice indeed nor is any Member of the same 23 Eliz. 1580. Popham Solicitor General Id. 281. Col. 1. upon demand made by the House was restored to them by the Lords beause he was a Member of the House of Commons and they possessed of him before he was Solicitor or had any Place of Attendance in the Upper House No Sheriff shall be chosen for a Knight of Parliament nor for a Burgess why Book of Entr. 41.1 Crompton's Jur. 3. 4 Inst 48. because nominated by the Crown 1. Car. 1. The Sheriff of the County of Buckingham was chosen Knight for the County of Norfolk and return'd into the Chancery and had the Priviledge of Parliament allow'd to him by the Judgment of the whole House of Commons Vide de hoc Pro Con Sir Simon d'Ewes Journal 38 436 624 625. 1 Jac. 1. Scobel 96. Sess 2. Sir John Peyton Kt. returned the last Session and since chosen Sheriff Resolv'd upon the Question that he shall attend his Service here The Personal Residence and Attendance of Sheriffs is required within their Bailywicks Rush Coll. vol 1.684 685. during the time of their Sheriffwick Mr. Walter Long being Sheriff of Wilts was after chosen Citizen for Bath and for that Offence was committed and fined viz. because he sate and served in Parliament Sir Andrew Noel Touns Col. 185. Vid. de hoc Sir Simon d'Ewes Jour 38. Col. 1 2. 624. Col. 2. Kt. Sheriff of Rutland returned himself Knight and adjudged a void Return and a Warrant ordered for a new Election For said Serjeant Harris we know in Law that a Man cannot make an Indenture to himself no more can he here between himself and the County for there are required two Persons Yet Sir Edward Hobby said That the House might well receive him and vouched a Precedent when the Bailiffs of Southwark returned themselves Burgesses and were received See also Bohun's Collection 81.143.153.188.243.253.254 The Fee for the Knight of any County is four Shillings per Diem England and every Citizen or Burgess is to have two Shillings per Diem 4 Inst 46. Where one Person is chosen and returned to serve in several Places Scobel 18. Vide Sir S. d'Ewe's Jour passim it is in his Election to make his Choice in the House in his own Person for what Place he will serve and wave the other Election so as a Writ may issue for a new Election that the Number may be full No Tallage or Aid shall be taken or levied by Us or our Heirs St. So. E. I. c. 1. Of the Elected vide ante 14.21 in our Realm without the Goodwill and Assent of Archbishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land The King wills and commands Stat. 5. R. 2. c. 4. Persons and Commonalty summoned to attend c. as of old and it is assented in Parliament by the Prelates Lords and Commons That all Persons and Commonalties which shall have the Summons of Parliament shall come to the Parliaments in the Manner as they are bound to do and have been accustomed within the Realm of England of old Times And if any Person of the same Realm Knights Citizens and Burgesses absenting to be a merced and punish'd as in Old Times which shall have the said Summons be Knight of the Shire Citizen of City Burgess of Borough or other Person Commonalty do absent himself and come not at the said Summons except he may reasonably England and honestly excuse him to our Lord the King he shall be amerced and otherwise punished as in old Times hath been used c. That Knights of Shires which shall be chosen in every Shire St. 1. H. 5. c. 1. Knights of Shires to be elected of such only who reside within the Countries at the Dat. of the Writ be not chosen unless they be resident within the same Shire the Day of the Date of the Writ of Summons And that the Citizens and Burgesses of the Cities and Boroughs be chosen Men Citizens and Burgesses to reside in and be free of the Cities and Boroughs Citizens and Burgesses resient dwelling and free in the same Cities and Boroughs and no other in any wise That such as have the greatest Number of them that may expend 40 s. by the Year Knights of Shires shall be such as have the majority of those that can expend 40 sa Year or more and be resident and above shall be returned Knight of the Shire c. and that they which shall be chosen shall be dwelling and resient within the same Counties Ordained St. 23. H. 6. c. 15. Citizens and Burgesses only to be elected by Citizens and Burgesses and the Sheriff to direct his Precept accordingly c. That every Sheriff after the Delivery of any Writ of Election to him shall make and deliver without Fraud a sufficient Precept under his Seal to every Mayor and Bailiff or to Bailiffs or Bailiff where no Mayor
is England of the Cities and Boroughs within his County reciting the said Writ commanding them by his Precept if it be a City to choose c. Citizens and in the same Manner if it be a Borough to choose Burgesses And every Sheriff at every Time that he doth contrary to this Knights Citizens or Burgesses elected not duly return'd the Sheriff acting contrary to have Action of Debt against him his Executors or Administrators for 100 l. with Costs wherein no Wager of Law c. or any other Statute for the Election of Knights Citizens and Burgesses before made shall forfeit and pay to every Person chosen Knight Citizen or Burgess in his County and not duly returned 100 l. whereof every Knight Citizen or Burgess so griev'd severally shall have his Action of Debt against the said Sheriff or his Executors or Administrators to demand and have the said 100 l. with his Costs spent And that the Defendant shall not wage his Law or have any Essoign And if any Mayor and Bailiffs The like Action given against Mayor or Bailiffs their Executors or Administrators for 40 l. Debt and Costs for returning others than such as are chosen Citizens and Burgesses by Citizens and Burgesses And no Wager of Law c. Such Knt. Citizen and Burgess to commence the Action within 3 Months after the Commencement of such Parliament and proceed without Fraud or Bailiffs or Bailiff where no Mayor is shall return others than those which be chosen c. he shall forfeit and pay to every Person hereafter chosen Citizen or Burgess and not returned 40 l. whereof every of the Citizens and Burgesses so grieved severally shall have his Action of Debt against every of the said Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is or against their Executors England Administrators to demand and have of every of them 40 l. with his Costs in this Case expended And that in such Action of Debt no Defendant shall wage his Law nor have any Essoign Provided that every Knight Citizen and Burgess in due Form chosen and not returned as asoresaid shall begin his said Action within three Months after the Parliament commenced and to proceed in the same Suit effectually without Fraud And if any Knight If any Knt. Citizen or Burgess return'd be put out c. 100 l. forfeited to the King by any Person put in his place and serving as such And a like Action against him c. for 100 l. Debt and Costs to the partygrieved to be commenced within 3 Mo. after the Commencement of Parliam No Wagers of Law c. And like Process as in Trespass at common Law Citizen or Burgess hereafter returned by the Sheriff in Manner asoresaid after such Return be by any Person put out and another put in his Place that such Person so put in the Place of him which is out if he take upon him to be Knight Citizen or Burgess at any Parliament shall forfeit to the King 100 l. and 100 l. to the Knight Citizen or Burgess so returned by the Sheriff and after put out And that the Knight Citizen or Burgess so put out shall have an Action of Debt of the same 100 l. against such Person put in his Place his Executors or Administrators England provided he begin his Suit within three Months after the Parliament commenced c. And that no Defendant in such Action shall wage his Law nor be essoigned And that such Process shall be in the Actions aforesaid as in a Writ of Trespass against the Peace at Common Law That the Knights of the Shires for the Parliament shall be notable Knights of the same Counties Knts. of the Shires be Knts. of the Counties they shall be elected for or Esquires or Gentlemen able to be Knts. and not Yeomen c. for the which they shall be chosen or otherwise such notable Esquires or Gentlemen born of the same Counties as shall be able to be Knights And no Man to be such Knight which standeth in the Degree of a Yeoman or under That no Knights of Shires Citizens St. 6 H. 8 c. 16. Knts. Citizens c. not to depart or be absent from Parliament without leave of the House to be entred in the Journal Burgesses and Barons of Cinque-Ports nor any of them that be elected to Parliament do depart from the said Parliament nor absent himself from the same till the said Parliament be fully finished ended or prorogued except he or they so departing have Licence of the Speaker and Commons in the said Parliament assembled England and the same Licence entred of Record in the Book of the Clerk of the Parliament appointed for the Commons House c. That the two Knights to be elected to Parliament for the Shire of Monmouth heretofore Part of Wales and the one Burgess for the Borough of Monmouth St. 27 H. 8. c. 26. The two Knts. and one Burgess for the Borough and County of Monmorth to have like Privilege c. as other Knights and Burgesses shall have like Dignity Pre-eminence and Privilege as other Knights and Burgesses of Parliament And that the Knight which shall be elected for the Shires of Brecknock And Knt. for each County and Burgess for each Shire-Town in Wales to have like Privileges c. Radnor Montgomery and Denbigh and for every other Shire within the Country or Dominion of Wales and for every other Borough being a Shire-Town within the same shall have like Dignity Pre-eminence and Privilege as other Knights of Parliament That the two Knights to be elected for the County Palatine of Chester The two Knts. for the County and two Burgesses for the City of Chester to have like Privileges c. and two Citizens as Burgesses for the City of Chester shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to Intents and Purposes as any other the Knights and Burgesses of the said Court have use and enjoy c. Vide ante 176. That the two Knights to be elected for the County England and the two Citizens as Burgesses for the City of Durham the Election of Knights of the Shire to be by a Majority of Freeholders Stat. 25 C. ch 29. ante The two Knights to be elected for the County and two Burgesses for the City of Durham by a Majority of Freeholders and a like Majority of Mayor Aldermen and Freemen present to have like Privileges c. and the Burgesses by a Majority of the Mayor Aldermen and Freemen present at such Election shall be Knights and Burgesses of the High Court of Parliament to all Intents and Purposes and have and use the like Voice Authority and Places therein to all Intents and Purposes as any other the Knights and Burgesses of the said Court and shall have use and enjoy all such and the like Liberties Advantages Dignities and Privileges concerning the said Court to all Intents Constructions and Purposes as any other the Knights and
made in like Manner and Form to all Intents Constructions and Purposes as is used within the County Palatine of Lancaster or any other County and City within England which said Knights and Burgesses and every of them shall be returned by the said Sheriff into the Chancery of England in due Form and upon like Pains as is ordained that the Sheriff or Sheriffs of any other County should make their Return England Sheriff of Chester to make like Returns and on like Pains as other Sheriffs That the Burgesses of all Cities Stat. 35 H. 8. c. 11. Mayors Bailiffs c. of the twelve Shire-Towns in Wales and of monmouth-Monmouth-Shire shall summon the Burgesses as well of all other Cities Boroughs and Towns in those Counties as of Burgesses of those Towns themselves to come to Elections Boroughs and Towns in the twelve Shires within Wales and County of Monmouth not finding Burgesses for the Parliament themselves and contributary to Wages of Burgesses of such Shire Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bailiffs and other Head Officers of the said Towns or by one of them to come and give their Elections for the Electing the said Burgesses at such Time and Place lawful and reasonable as shall be assigned for the same by the said Mayors Bailiffs and other Head Officers of the said Shire Towns or by one of them That the County Palatine of Durham may have two Knights for the same County St. 25 C. 2. c. 9. Writ of Election under the Great Seal for Elections in Durham to be directed to the Bishop of Durham c. and his Precept thereon to the Sheriff of that County and the City of Durham two Citizens to be Burgesses for the same City to be elected by Writ to be awarded by the Lord Chancellor or Lord Keeper to the Lord Bishop of Durham or his Temporal Chancellor of the said County England and a Precept to be thereupon grounded and made by the said Lord Bishop or his Temporal Chancellor to the Sheriff of the said County and the same Election to be made in Manner following viz. the Elections of the Knights to be made by the greater Number of the Freeholders of the said County Palatine which shall be present at such Elections as is used in other Counties of this Kingdom and that the Election of the said Burgesses for the City of Durham to be made by the major part of the Mayor Aldermen and Freemen of the said City which shall be present at such Elections which said Knights and Burgesses Sherish of Durham to make like Returns and under like Pains as other Sheriffs St. 7 and 8 W. 3. c. 7. continued by St. 12 and 13 W. 3. c. 5. False Returns illegal and prohibited and all made contrary to the last Determination of the Right of Election in the House of Commons adjudged a false Return so elected shall be returned by the said Sheriff into the Chancery in due Form and upon the like Pains as be ordained for the Sheriff or Sheriffs of any other County in like Cases That all false Returns wilfully made of any Knight of the Shire Citizen Burgess Baron of the Cinque-Ports or other Members are against Law and are hereby prohibited and in case that any Person or Persons shall return any Member for any County City Borough Cinque-Port or Place contrary to the last Determination in the House of Commons of the Right of Election in such County England City Borough Cinque-Port or Place such Return is hereby adjudged a false Return The Party so grieved to wit He that shall be duly elected for any County Officers c. making such false Return liable to an Action at the Suit of any duly elected in any of the Courts at Westminster with double Damages and full Costs City Borough Cinque-Port or Place by such false Return may sue the Officers and Persons making or procuring the same and every or any of them at his Election in any Court of Record at Westminster and shall recover double Damages with his full Costs Any Officer that shall wilfully Officers c. falsly c. making double Returns liable to the like Action falsly and maliciously return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy may be had against him or them and the Party or Parties that willingly procure the same by the Party grieved All Contracts Contracts Bonds c. given to procure the Return of any Member adjudged void and such as make or give them to procure any false or double Return forfeit 300 l. one third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member or any thing relating thereto be adjudged void and that whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return England shall forfeit 300 l. one third Part to his Majesty another third Part to the Poor of the County City Borough or Place concern'd and one third Part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return and of every Alteration and Amendment in every such Return whereto all Persons to have Access and take Copies of so much as desired at a reasonable Fee And if the Clerk of the Crown makes not such Entry in Six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein to forfeit 500 l. for each Offence to the Party grieved to be recovered as aforesaid and lose his Office England and be for ever incapable of holding it Every Information or Action brought upon this Statute Informations or Actions on this Statute to be brought within two Years after the Cause shall be brought within the Space of two Years after the Cause of Action shall arise That when any New Parliament shall at any Time hereafter be Summoned or called Staf. 8 W. 3. c. 25. Writs of Summons to Parliament to have forty Days between the Teste and Returns and be issued with all Expedition and delivered to the proper Officer to whom its Execution belongs who shall indorse thereon the Day he received it and within three Days issue out his Precept to the like proper Officer of each Borough c. who shall also indorse the Day of his Receipt of the Precept in the former's Presence and proceed to Election in
that such Person be thereupon Convicted such Person so discovering and not having been before that time Convicted of any Offence against this Act shall be indemnified and discharged from all Penalties which he shall then have incurred by any Offence against this Act. Enacted that forty five shall be the number of the Representatives of Scotland in the House of Commons of the Parliament of Great Britain Stat. 5. Annae c. 8. the Union Act. Of the said Forty-five Representatives of Scotland Members for Scotland Thirty shall be chosen by the Shires and Fifteen by the Royal Burghs as follows viz. one for every Shire and Stenartry excepting the Shires of Bute and Caitness which shall choose one by turns Bute having the first Election the Shires of Nairn and Cromarty which shall also choose by turns Nairn having the first Election and in like mannet the Shires of Clackmannan and Kinross shall choose by turns Clackmannan having the first Election and in case of the Death or legal Incapacity of the said Members from the said respective Shires or Steuartries Scotland the Shire or Steuartry who elected the said Member shall elect another Member in his Place And that the said Fifteen Representatives for the Royal Burghs shall be chosen as follows viz. That the Town of Edinburgh shall have Right to elect and send one Member and that each of the other Burghs shall elect a Commissioner in the same manner as usual to elect Commissioners and Burghs Edinburgh excepted being divided into fourteen Classes or Districts shall meet at such time and Burghs within their respective Districts as her Majesty her Heirs or Successors shall appoint and elect one for each District viz. the Burgs of Kirkwall Week Dornock Dingwall and Tain one The Burghs of Fortrose Inverness Nairn and Forress one The Burghs of Elgin Cullen Bamff Inverary and Kintore one The Burghs of Aberdeen Inverbery Montrose Aberbrothock and Brochine one The Burghs of Forfar Perth Dundee Coupar and St. Andrews one The Burghs of Craill Kilrenny Anstruther Easter Anstruther Wester and Pittenween one The Burghs of Dysart Kirkaldie Kinghorn and Bruntsland one The Burghs of Innerkethen Scotland Dunfermline Queens-ferry Culross and Sterling one The Burghs of Glasgow Renfrew Ruglen and Dumbarton one The Burghs of Haddington Dunbar North-Berwick Lauder and Jedburgh one The Burghs of Selkirk Peebles Linlithgow and Lanerk one The Burghs of Dumfreis Sanquhar Anna Lockmaben and Kirkeudbright one The Burghs of Wigtown New Galloway Stranraver and Whitehorn one The Burghs of Air Irvin Rothesay Cambletown and Inverary one And where the Votes of the Commissioners for the said Burghs met to choose Representatives from their several Districts shall be equal the President of the Meeting shall have a casting or decisive Vote and that by and according to his Vote as a Commissioner from the Burgh from which he is sent the Commissioner from the eldest Burgh presiding in the first Meeting and the Commissioners from the other Burghs in their respective Districts presiding afterwards by turns in the order as the said Burghs used to be called in the Rolls of the Parliament of Scotland and that in case any of the said fifteen Commissioners from Burghs shall decease or become legally incapable to sit in the House of Commons then the Town of Edinburgh Scotland or the District which chose the said Member shall elect a Member in his or their Place That none shall be capable to elect a Representative for any Shire or Burgh of Scotland unless twenty one Years of Age complete and Protestant excluding all Papists or such who being suspect of Popery and required refuse to swear and subscribe the Formula contained in the third Act made in the eight and ninth Sessions of King William's Parliament in Scotland nor shall be capable to elect a Representative to a Shire or Burgh in the Parliament of Great Britain for Scotland except such as were at the time of passing this Act capable by the Laws of Scotland to elect as Commissioners for Shires or Burghs to the Parliament of Scotland Enacted Stat. 6 A. c. 6. c. That when any Parliament shall at any time hereafter be summoned or called on Notice to be forthwith given after Receipt of the Writs by the Shertff or Stewart of the time of Election for Knights of the Shire or Commissioners for Scotland at such time of Election the several Freeholders in the respective Shires and Stewartries shall meet and convene at the head Burghs of their several Shires and Stewartries and proceed to the Election of their respective Commissioners or Knights for the Shire or Stewartry Scotland and the Clerks of the said Meetings shall respectively return the Names of the Persons Elected to the Sheriff or Stewart of the Shire or Stewartry on a Precept in like manner to be directed by the Sheriffs of Edinburgh to the Lord Provost of that City and on Receipt of such Precept the City of Edinbusgh shall elect their Member and their common Clerk shall certify his Name to the Sheriff of Edinburgh On Precepts in like manner to be directed by the Sheriffs or Stewarts of the several Shires or Stemartries where the other fourteen Districts of Royal Burghs respectively are reciting the Contents and Date of the Writ and commanding them to elect each of them a Commissioner as they used formerly to elect Commissioners to meet at the presiding Borough of their respective District naming it on the thirtieth day after the Teste of the Writ unless Sunday and then the next day after and then to choose their Burgess for the Parliament The common Clerk of the then presiding Borough shall immediately after the Election return the Name of the Person so Elected to the Sheriff or Stewart of the Shire Scotland or Stewartry wherein such presiding Borough is And in case a vacancy shall happen in time of Parliament by the decease or legal incapacity of any Member a new Member shall be Elected in his Room conformable to the method herein before appointed and in case such Vacancy be of a Representative for any one of the said fourteen Classes or Districts for Royal Boroughs that Borough which presided at the Election of the deceased or disabled Member shall be the presiding Borough at such Election That from and after the Determination of this present Parliament 2 St. 12. Annae no Conveyance or Right whatsover whereupon Infeoffment is not taken and Seisin registred One Year before the Teste of the Writs for calling a New Parliament shall upon Objection made in that Behalf intitle the Person or Persons so Infeoft to Vote at that Election in any Shire or Stewartry in that Part of Great Britain called Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoevel whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf Scotland intitle the
subscribing them England to be entred and filed in Parchment Rolls provided by the Clerk of the House and each Member to pay only 12 d. for every such Entry That the said Act 30 Car. 2. Stat. 1 W. M. c. 1. Members of the House of Commons qualified to sit and vote by taking the Oaths of Allegiance and Supremacy appionted by this Act instead of the old ones now repealed and by subscribing the Test according to the Limitations c. of the preceding Statute 30 Car. 2 and all other Acts of Parliament as to so much of the said Act or Acts only as concerns the taking the Oaths of Supremacy and Allegiance or either of them in the said Acts respectively mentioned by any Member or Members of the House with relation to their sitting and voting in Parliament are hereby repealed to all Intents and Purposes any Thing in the said recited Act or Acts to the contrary And In all future Parliaments the Oaths in this Act mentioned and the Declaration in the Act 30 Car. 2. mentioned shall be taken made subscribed and repeated by every Member of the House within the Time and in the same Manner and Form and under the Penalties and Disabilities as the said Oaths of Allegiance and Supremacy and the said Declaration by the said Act of Car. 2. are limited ordained and appointed and not at any other Time England or in any other Manner to enable them to sit and vote in Parliament any Thing in the said Act or Acts to the contrary That Elections of Members of Parliament ought to be Free Stat. 1 W. M. c. 2. The claim of Right That the Freedom of Speech and Debates on Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament Enacted accordingly That no Member of the House of Commons shall at any Time be concerned directly or indirectly Sta. 5 6 W. M. ch 7. Members of the House of Commons to be no ways concerned in Duties or Aids to be granted by Parliament except Commissioners of the Treasury Customs Excise and Land Tax or any other in Trust for him in the farming collecting or managing any of the Duties or other Aids that hereafter shall be granted by Act of Parliament except the Commissioners of the Treasury and the Officers and Commissioners for managing the Customs and Excise not exceeding the present Number in each Office and Commissioners of the Land Tax Quere the Novelty of this Exception That any Member or Members of the House of Commons Stat. 5 6 W. and M. c. 20. Members of the House of Commons may be Members of the Bank may be a Member or Members of the Corporation of the Governor and Company of the Bank of England England That o Collector Supervisor Gauger or other Officer or Person whatsoever concerned or imployed in the charging levying or managing the Duties of Excise or any Branch or Part thereof shall by Word Officers of the Excise not to intermedle c. Message or Writing or in any other Manner endeavour to persuade any Elector to give or dissuade any Elector from giving his Vote for the Choice of any Person to be a Knight of the Shire Citizen Burgess or Baron of any County City Borough or Cinque-Port and every Officer or other Person offending therein shall forfeit the Sum of 100 l. one Moiety thereof to the Informer the other Moiety to the Poor of the Parish where such Offence shall be committed to be recovered by any Person that shall sue for the same by Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record at Westminster in which no Essoign Protection Privilege or more than one Imparlance shall be allowed and every Person convict on Suit of the said Offence shall be for ever incapacitated to bear any Office or Place of Trust under the Crown That no Persons hereafter to be elected to serve in Parliament for any County City Town England Borough St. 7. W. 3. c. 4. No Persons to be elected after the Teste of the Writ shall by themselves or any other at their charge before the Election give promise or oblige themselves to give any thing to any Person having a Vote in particular or to any County or Place in general in order to be elected Port or Place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed after the Teste of the Writ of Summons or after the Teste or issuing out or ordering of the Writ or Writs of Election upon the calling or summoning of any Parliament or after any such Place becomes vacant shall or do hereafter by himself or themselves or by any other Ways or Means on his or their Behalf or at his or their Charge before his or their Election in England Wales or Berwick directly or indirectly give present or allow to any Person having Voice or Vote in such Election any Money Meat Drink Entertainment or Provision or make any Present Gift Reward or Entertainment or shall make any Promise Agreement Obligation or Engagement to give or allow any Money Meat Drink Provision Present Reward or Entertainment to or for any such Person in Particular or to any such County City Town Borough Port or Place in general or to or for the Use Advantage Benefit Imployment Profit or Preferment of any such Person or Place in Order to be elected England or for being elected to serve in Parliament for such County City Town Borough Port or Place And that every Person so giving presenting or allowing Such Persons so giving promising c. disabled to serve as never elected or returned making promising or engaging doing acting or proceeding shall be and are hereby disabled and incapacitated upon such Election to serve in Parliament for such County City Town Borough Port or Place and shall be deemed and taken no Member in Parliament and shall not act sit or have any Vote or Place in Parliament but shall be and are to all Intents Constructions and Purposes as if they had been never returned or elected c. That all false Returns willfully made of any Knight of the Shire Stat. 7 and S. W. 3. c. 7. continued by St. 12. 13. W. 3. c. 5. False Returns of Knights Citizens c. illegal and prohibited Citizen Burgess Baron of the Cinque-Ports or other Member to serve in Parliament are against Law and are hereby prohibited The Party grieved by any false return An Action given to any duly elected against the Officer and Procurer of a false Return or Return contrary to the last determination of the Kight of Election in any Court at Westminster with double Damages and full Costs and contrary to the last Determination of the Right of Election of the House of Commons which is also adjudg'd a false Return to wit every Person that shall be duly Elected to Parliament for any County City Borough Cinque-Port or Place England by such false Return may Sue
make and deliver without Fraud England a Precept under his Seal to every Mayor and Bailiff or to Bailiffs or Bailiff where no Mayor is of the Cities and Boroughs within his County reciting the said Writ and commanding them if it be by a City to choose by Citizens of the same City Citizens and if it be a Borough a Burgess by the Burgesses of the same to come to the Parliament And that the same Mayor and Bailiffs Mayors Bailiffs c. to return the Precept to the Sheriff by Indentures of the Election and the names of the elected Sheriffs to return the Writ and every Return made by such Mayors Bailiffs c. or Bailiffs or Bailiff where no Mayor is shall return the Precept to the same Sheriff and them to be made of the said Elections and of the Names of the said Citizens and Burgesses by them so chosen and thereupon every Sheriff shall make a rightful Return of every such Writ and of every Return by the Mayors and Bailiffs or Bailiffs or Bailiff where no Mayor is to him made And that every Sheriff Sheriffs acting contrary to this Statute or any other Statute for Elections to pay 100 l. to the King and suffer a Year's Imprisonment with out Bail per Stat. 8 Hen. 6 ch 7. and forfeit to every Person chosen a Knight Citizen or Burgess and not duly returned or to any otherwhich in their Default will sue 100 l to be recovered by Action of Debt against the Sheriff his Executors or Administrators with Costs wherein no Wager of Law c. at every time that he doth contrary to this Statute or any other Statutes for the Election Knights Citizens and Burgesses before this Time made shall incur the Pain contained in the Statute England made the 8th Year of the then King's Reign and moreover shall forfeit and pay to every Person hereafter chosen Knight Citizen or Burgess in his County and not duly returned or to any other Person which in Default of such Knight Citizen or Burgess will sue an hundred Pound whereof every Knight Citizen and Burgess so grieved severally or any other Person which in Desault will sue shall have his Action of Debt against the said Sheriff or his Executors or Administrators to demand and have the said 100 l. with his Costs spent and that in such Action the Desendant shall not wage his Law or have any Essoign And if any Mayor and Bailiffs or Bailiffs or Bailiff Mayors Bailiffs c returning other than those chosen by Citizens and Burgesses shall forfeit 40 l. to the King and to every Person chosen a Citizen or Burgess and not by them returned or to any other that in Default of such Citizen or Burgess will sue 40 l. more to be recovered by like Action of Debt with Costs where no Mayor is shall return other than those which be chosen by the Citizens and Burgesses of the said Cities or Boroughs he shall incur and forfeit to the King 40 l. and moreover shall forfeit and pay to every Person so chosen Citizen or Burgess and not by the same Mayor and Bailiffs or Bailiff or Bailiffs where no Mayor is returned England or to any other Person which in Desault of such Citizen or Burgess so chosen will sue 40 l. whereof every of the Citizens and Burgesses so grieved severally or any other Person which in their Default will sue shall have his Action of Debt against every of the said Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is against their Executors or Administrators to demand and have of every of them 40 l. with his Costs expended And that in such Action of Debt no Defendant shall wage his Law nor have any Essoign And every Sheriff that maketh no due Election of such Knights in convenient Time that is to say every Sheriff in his full County betwixt the Hour of Eight and the Hour of Eleven before Noon without Collusion and that maketh not good and true Return of such Elections of Knights in Manner aforesaid Sheriff not making Election of Knights of the Shire in a full County Court between 8 and 11 in the Morning and a good Return accordingly to forfeit 100 l. to the King and 100 l. more to him that will sue to be recovered by like Action of Debt with Costs shall forfeit to the King an hundred Pound and also incur the Pain of 100 l. to be paid to him that will sue him his Executors or Administrators by Way of Action of Debt with his Costs expended without waging of Law or having Essoign as aforesaid England Provided always Such Actions to be brought by such Knight Citizen and Burgess within 3 Months after the Commencement of suce Parliament and to be proceeded in without Frand And after that time by any other See Cromp. Juris 3. Hakewel 43. That every Knight Citizen and Burgess chosen and not returned as aforesaid shall begin his said Action within three Months after the same Parliament commenced to proceed in the same Suit effectually without Fraud And if he doth not so another that will sue shall have the said Action of Debt as is before said and shall recover the same with his Costs and that no Defendant in such Action shall wage his Law nor be essoign'd And that such Process shall be in the Actions aforesaid as in a Writ of Trespass done against the Peace at the Common Law That the Knights of the Shires shall be notable Knights of the same Counties for which they shall be chosen Like Process to be in such Actions as in Trespass at Common Law Provided That Knights of the Shires be Knights of the Counties they shall be elected for or Esquires or Gentlemen able to be Knights and not Yeomen or under or otherwise such notable Esquires or Gentlemen born of the same Counties as shall be able to be Knight and no Man to be such Knight which standeth in the Degree of a Yeoman and under That Elections shall be made for the Sheriffs and Boroughs in Monmouthshire heretofore Part of Wales and in Wales England in like Manner St. 27 H. 8. c. 26. Duties of Sheriffs and other returning Officers in Wales like the same in England Form and Order as Knights and Burgesses be elected in other Shires of this Realm That the County Palatine of Chester shall have two Knights for the said County St. 34 and 35 H. 8. c. 13. Writ of Election under the Great Seal for Elections in Chester to be directed to the Chamberlain c. of Chester and his Precept thereon to the Sheriff of the County and two Citizens to be Burgesses for the City of Chester to be elected and chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester his Lieutenant or Deputy for the Time being and so like Process to be made by the Chamberlain his Lieutenant or Deputy to the Sheriff of the said County of Chester and the same Election to be
and Time to Time without any further or other Adjournment without the Consent of the Candidates until all the Free-holders then and there present shall be polled England Every Sheriff Under-Sheriff Mayor Sheriffs Mayors c. to deliver to any Person desiring it a Copy of the Poll paying reasonably for writing it Sheriffs Mayors c. for every wilful Offence contrary to this Act forfeits to each Party grieved 500 l. to be recovered by him his Executors c. with full Costs by Action of Debt c wherein Essoign c. to be allowed Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to serve in Parliament shall forthwith deliver to such Person or Persons as shall desire the same a Copy of the Poll taken at such Election paying only a reasonable Charge for writing the same and every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing of Members doth belong for every wilful Offence contrary to this Act shall forseit to every Party so aggrieved the Sum of five hundred Pounds to be recovered by him or them his or their Executors or Administrators together with full Costs for which he or they may sue by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection Wager of Law Privilege or Imparlance shall be allowed Every Return of any Person under the Age of twenty one Years The Return of any Person chosen under 21 Years void is hereby declared to be null and void All County Courts for the County of York or any other County Courts England which heretosore used to be held on a Monday County Courts for Yorkshire and others used to be held on a Menday to be called and held on a Wednesday shall be called and begun upon a Wednesday and not otherwise any Custom or Usage to the contrary The Sheriff of the County of Southampton Sheriff c. of Hampshire at the Request of any Candidate to adjourn after the End of the Poll at Winchester to Newgate in the Isle of Wight or his Deputy at the Request of one or more of the Candidates for Election of a Knight or Knights of that County shall adjourn the Poll from Winchester after every Frecholder then and there present is polled to Newport in the Isle of Wight for the Ease of the Inhabitants of the said Island any thing in this Act to the contrary That no Person which shall refuse to take the Oaths of Allegiance and Supremacy directed by an Act made in the first Year of His present Majesty and the late Queen Mary St. 7 8. W. 3. c. 27. Sheriffs c. on the Poll at any Election to administer the Oaths of Allegiance and Supremacy to Electors and if Quakers the Declaration of Fidelity at the Request of any Candidate and on Refusal not to admit them to vote or being Quakers shall refuse to subscribe the Declaration of Fidelity directed by one other Act of Parliament made in the said first Year of the Reign of His present Majesty and the late Queen which Oaths and Subscription respectively the Sheriff or chief Officer taking the Poll England at the Request of any one of the Candidates are required to administer shall not be admitted to give any Vote for the Election of any Knight of the Shire Citizen Burgess or Baron of the Cinque-Ports to serve in Parliament That the Sheriff or other Officer having the Execution and Return of any Writ to Parliament St. 10 11 W. 3. c. 7. Sheriffs c. by themselves or Deputies on or before the Day any Parliament shall called to meet and not exceeding fourteen Days after any Election made to make his Return to the Clerk of the Crown c. shall on or before the Day that any suture Parliament shall be called to meet and with all convenient Expedition not exceeding fourteen Days after any Election made by virtue of any new Writ either in Person or by his Deputy make Returns of the same to the Clerk of the Crown in Chancery to be by him filed c. and pay to the Clerk of the Crown 4 s. for every Knight of the Shire and 2 s. for every Citizen Burgess c. which the Sheriff c. shall charge to the King and have allowed upon his Account See the Stat. c. 7 8. W. c. 25. p. 107. The proper Officer of the Cinque-Ports shall be allowed six Days from the Receipt of such Writ for the Delivery very of the Precept according to the Purport of the Act 7 and 8 W. III. G. Britain c. 25. any thing in the said Act or any other Law Statute or Usage to the contrary Every Sheriff or other Officer aforesaid who shall not make the Returns according to the true Intent and Meaning of this Act Sheriffs c. not making Returns accordingly to forfeit for each Offence 500 l. one Moiety to the King the other to him that will sue by Action of Debt c. wherein no Essoign c. to be allowed and but one Imparlance shall forfeit for every such Offence the Sum of 500 l. one Moiety to His Majesty and the other Moiety to him or them that will sue for the same to be recovered by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance That when any Parliament shall hereafter be summoned or called St. 6. Annae c. 6. Writs to issue to the respective Sheriffs or Stewarts for choosing the 45 Representatives of Scotland to Parliament Sheriffs c. thereon forthwith to give Notice of the Time of Election for the Shires Clerks of the Meetings forthwith to return the Names of the elected to the Sheriff who is to annex and return it with his Writ the Forty five Representatives of Scotland in the House of Commons in the Parliament of Great Britain shall be elected and chosen by Authority of the Queen's Writs under the great Seal of Great Britain directed to the several Sheriffs and Stewarts of the respective Shires and Stewartries and the said several Sheriffs and Stewarts shall on Receipt of such Writs forthwith give notice of the Time of Election for the Knights or Commissioners for their respective Shires or Stewartries G. Britain And the Clerks of the said Meetings immediately after the said Elections are over shall respectively return the Names of the Persons elected to the Sheriff or Stewart of the Shire or Stewartry who shall annex it to his Writ and return it with the same into the Court out of which the Writ is issued And as to the Manner of Election of the fifteen Representatives of the Royal Boroughs Sheriff of Edinburgh on Receipt of his Writ forthwith to direct his Precept to the Lord Provost for electing the Burgess for that City Common Clerk of Edinburgh to certify the
be made of a Knight of a Shire within England St. 10. An. ch 23. Sheriff c. to swear each Freeholder if by any Candidate or Voter required Sheriff c. shall enter the Place of the Elector's Freehold of his Abode and Jurat against the Name of every Voter sworn and with in twenty Days after the Elections deliver the Poll-Books upon Oath to he Clerk of the Peace c. every Free-holder before he is admitted to Poll shall if required by the Candidates or any of them or any other Person having a Right to Vote first take the Oath in this Act contained which Oath the Sheriff c. is to administer And in taking the Poll the Sheriff c. shall enter not only the Place of the Elector's Freehold but also the Place of his Abode and Jurat against the Name of every Voter who shall be tender'd and take the Oaths hereby required and the Sheriff or returning Officer shall within twenty Days after such Election deliver over upon Oath to be administred by the two next Justices of the Peace one of the Quorum unto the Clerk of the Peace of the same County all the Poll-Books of such Elections and in Counties where there are more than one Clerk of the Peace the Original to one and attested Copies to the rest to be kept among the Records of the Sessions of the Peace for the County And of an Act 7 Guil. III. Intituled G. Britain An if any Quaker Sheriff c. to admit any Quaker to vote during the Act 7 W. 3. and accept his Affirmation to the Effect of the Oath according to the said Act instead thereof and enter Affirmat against the Name of such Quaker during the Continuance of an Act 7 Guil. III. Intituled An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form shall upon such Election if required by the Candidates or any of them declare the Effect of the said Oath upon his solemn Affirmation in such Manner and Form as is directed by the said Act every such Quaker shall be capable and admitted to give his Vote for the Election of any such Member within England and every Sheriff c. is hereby authorized and required to accept such Affirmation instead of the said Oath and shall enter Affirmat against the Name of every such Quaker That any of the Electors present 2 St. 12 Annae Praeses of the Meeting upon Request of any Elector of a Shire or Stewartry in Scotland to swear either Elector or Candidate to their Estates suspecting any Person or Persons either Electors or Candidates for Shires or Stewartries in Scotland to have his or their Estates in Trust and for the Behoof of another may require the Praeses to the Meeting to tender the Oath in this Act contained and the said Praeses is required to administer the same Returning Officers are ordained to make their Returns of the Persons elected by the Majority of the Freeholders inrolled G. Britain and those admitted by them Returning Officers to return Persons elected by a Majority of Freeholders in rolled and those admitted by them with Liberty of objecting c. reserving always the Liberty of objecting against the Persons admitted to or excluded from the Poll as formerly All Sheriffs of Shires and Stewarts of Stewartries shall Sheriffs and Stewarts under 50 l. Penalty half to the Queen half to him that sues before the Court of Session c. to make publick Intimation at the Parish Churches within their Jurisdictions three Days before the Diet of Elections under the Pain of 50 l. Sterling one Moiety whereof shall be to the Queen Her Heirs and Successors and the other to the Person or Persons who shall sue for the same to be recovered before the Court of Session by any Action summarily without abiding the Course of the Roll make the publick Intimations required by the Laws of Scotland at the several Parish Churches within their respective Jurisdictions at least three Days before the Diet of Elections That the Oath or Affirmation which see ib. the Officer or Officers presiding St. 2 G. 2. ch 4. Presiding Officer to administer the Oath or Affirmation on Forfeiture of 50 l. or taking the Poll at such Election is and are hereby impowered and required to administer gratis if demanded upon Pain to forfeit the Sum of Fifty Pounds of lawful Money of Great Britain G. Britain to any Person that shall sue for the same to be recovered with full Costs by Action of Debt Bill Plaint or Information in any Court of Record at Westminster wherein no Essoign Protection Wager of Law or more than one Imparlance and if the said Offence shall be committed in that Part of Great Britain called Scotland then to be recovered together with full Costs by summary Action or Complaint before the Court of Session or by Prosecution before the Court of Justiciary there for every Neglect or Refusal so to do and no Person shall be admitted to poll till he has taken and repeated the said Oath in a publick Manner in Case the same shall be demanded as aforesaid before the returning Officer or such others as shall be legally deputed by him If any Sheriff Mayor Sheriff or other returning Officer admitting any to be polled before sworn to forfeit 100 l. Bailiff or other returning Officer shall admit any Person to be polled without taking such Oath or Affirmation if demanded as aforesaid such returning Officer shall forfeit One hundred Pounds to be recovered as aforesaid together with full Costs and if any Person shall vote or poll at such Election without having first taken the Oath or if a Quaker having made his Affirmation as aforesaid G. Britain if demanded such Person shall incur the same Penalty Voters to incur the like Penalty Returning Officer after reading the Writ to take the following Oath which the Officer is subject to for the Offence above mentioned That every Sheriff Mayor Bailiff Headborough or other Person being the returning Officer of any Member to serve in Parliament shall immediately after the Reading the Writ or Precept for the Election of such Member take and subscribe the following Oath which see ante Which Oath any Justice or Justices of the Peace of the said County City Corporation or Borough where such Election shall be made or in his or their Absence any Three of the Electors are hereby required to administer and such Oath so taken shall be entred among the Records of the Sessions of such County City Corporation and Borough as aforesaid If any returning Officer Penalty of wilful Perjury Elector or Person taking the Oath or Affirmation herein before mentioned shall be guilty of wilful corrupt Perjury or of false affirming and be thereof convicted by due Course of Law he shall incur and suffer the Pains and Penalties which by Law are enacted or inflicted in Cases of wilful and corrupt Perjury That all
and must be amended there Sed aliter nunc Every Sheriff or other Officer St. 33 H. 8. c. 1. in Ireland returning any Knight Citizen or Burgess chosen in any other Manner than is prescribed in the Statute to forfeit a 100 l. Vide Post If one be duly Elected Knight 4 Inst 49. It cites in the Margin Rot. Parl. 5 H. 4. n. 38. Citizen or Burgess and the Sheriff Return another the Return must be reformed and amended by the Sheriff and he that is duly Elected must be Inserted for the Election in these Cases is the Foundation and not the Return 18 Jac. 1. Scobel 115. The Sheriff of Leicestershire having Returned Sir Thomas Beaumont upon Report from the Committee for Elections that Sir George Hastings was duly chosen the Sheriff was ordered to Return Sir George Hastings to the Clerk of the Crown and he to accept it and file it 21 Jac. 1. Ibid. Upon Report from the Committee of Privileges That in the Election of Mr. John Maynard for Chippingham John Maynard was Chosen but by a Mistake Charles was afterward written in stead of John It was Resolved The Return shou'd be amended without a new Writ and that the Bailiff shou'd do it and not the Clerk of the Crown and that it shou'd be sent down to the Bailiff in the Country and he to Return John Maynard Esq the first Burgess 1. Febr. 1640. Ibid. It being Resolved That the Election of Mr. Erle for one of the Burgesses of Wareham is a good Election Ordered That the Officer when the Return was made or his Deputy or the Electors shou'd amend the Return But the next Day it was Ordered That Edward Harbin the late Mayor of Wareham 's Deputy shou'd come to the Bar of the House and amend the Return 20 Febr. 1640. Ibid. 116. The Bailiff of Midhurst in Sussex came to the Bar being sent for by Order of the House and amended one of the Indentures of Return of Burgesses for that Town and the other was taken off the File If a Sheriff shall Return One for Knt. of the Shire who was unduly Simon d'Ewes Jour 283. Col. 2. or not at all Elected yet he that is so Return'd remains a Member of the House till his Election be declared Void Of double Returns England and new Writs Ex Memorials of Parliament That if any Sheriff be henceforth negligent in making his Returns of Writs of Parliament St. 5 R. 2. c. 4. Sheriffs neglecting to make Returns or leaving out the Returns of Cities or Borought shall be amerced or otherwise punished as in old Times or that he leave out of the said Returns any Cities or Boroughs which be bound and of old Time were wont to come to the Parliament he shall be amerced or otherwise punished in manner as was accustomed in the said Case in times past That from henceforth in order to the Elections of Counties at the next County after the Delivery of the Writ England Proclamation shall be made in full County of the Day and Place of the Parliament St. 7. H. 4. c. 15. Proclamation to be made at the next County-Court after the Delivery of the Writ to the Sheriff for the Election of knights of the Shires and that all they that be there present as well Suitors duly summoned for the same Cause as other shall attend to the Election of the Knights for the Parliament and then in the full County they shall proceed to the Election freely and indifferently notwithstanding any Request or Commandment to the contrary And after they be chosen Sheriff's Return after the Election shall be by Indenture containing the Persons chosen sealed by the Electors and annexed to the Writ the Names of the Persons so chosen be they present or absent shall be written in an Indenture under the Seals of all them that did choose them and tacked to the same Writ which Indenture so sealed and tacked shall be holden for the Sheriff's Return of the said Writ touching Knights of the Shires In Writs of Parliament hereafter to be made this Clause shall be put Et Electionem tuam in pleno Comitatu factam sub sigillo tuo sigillis eorum qui electioni illi interfuerant nobis in Cancellaria nra ad diem locum in brevi contentu certifices indilate England Forasmuch as in the Statute 7 H. 4. ch 15. no Penalty was ordained or limited in special upon the Sheriffs of the County if they make any Returns contrary of the same Statute St. 11. H. 4. c. 1. Of Returns made by Sheriffs contrary to the Statute 7 H. 4. c. 15. Justices of Assize impower'd to inquire and on Inquest and Proof made thereof such Sheriffs to pay 100 l. to the King It is ordained that the Justices assigned to take Assizes shall have Power to inquire at their Assizes of such Returns made and if it be found by Inquest and due Examination before the same Justices that any such Sheriff hath made any Return contrary to the Tenor of the said Statute the same Sheriff shall incur the Penalty of 100 l. to be paid to our Lord the King That all Sheriffs shall have their Answer and Traverse to Inquests and Offices St. 6 H. 6. c. 4. Sheriffs shall have their Traverses to Inquests c. upon the St 7.4 c. 15. 11 H. 4. c. 1. before any Justices of Assizes hereafter to be taken upon the Stat. 7 Hen. IV. chapter 15. and 11 Hen. IV. ch 1. and the said Sheriffs shall not be endamaged unto our Lord the King or his Successors for any such Inquest taken until they be duly convict according to the Form of Law That such are to be chosen Knights of the Shire as have the greatest Number of them that may expend 40 s. by Year and above England and shall be returned by the Sheriffs of every County St. 8 H. 6. c. 7. See Cromp. Juris 3. Hakewell 48. Knights for Parliament by Indentures sealed betwixt the said Sheriffs and the said Choosers And every Sheriff of the Realm of England shall have Power to examine upon the Evangelists every such Chooser how much he may expend by the Year And if any Sheriff return Knights to Parliament contrary to the said Ordinance the Justices of Assizes in their Sessions shall have Power thereof to inquire And if by Inquest the same be found before the Justices and the Sheriff thereof be duly attainted he shall incur the Penalty of 100 l. to be paid to our Lord the King and also that he have Imprisonment by a Year without Mainprize or Bail And that in every Writ hereafter to go forth Quere mention shall be made of this Ordinance That every Sheriff St. 23 H. 6. c. 15. Sheriff after the Receipt of the Writ to deliver a Precept under his Seal to every Mayor Bailiff c. of the Cities and Boroughs within his County reciting his Writ and commanding them to choose c. after the Delivery of any Writ of Election shall
Name of the elected to the Sheriff who is to annex and return it with the Writ the Sheriff of the Shire of Edinburgh shall on Receipt of the Writ directed to him forthwith direct his Precept to the Lord Provost of Edinburgh to cause a Burgess to be elected for that City and their Common Clerk shall certify the Name of the Member elected to the Sheriff of Edinburgh who shall annex it to his Writ and return it with the same into the Court from which the Writ issued And as to the other Royal Burghs divided into fourteen Classes or Districts Sheriffs c. in like Manner to direct their Precepts to the Royal Burghs for the electing a Commissioner for each and the Commissioners of each District to meet at the presiding Borough by name for each District on the thirtieth Day after the Teste of the Writ unless Sunday and then Menday to their Burgess Common Clerk of such presiding Borough forthwith to return the Name of the elected to the Sheriff c. in whose Shire such Borough is who is to annex and return it with his Writ Like Method to be taken by Sheriffs c. in Case of Vacancy in Parliament Time by Decease or Incapacity of a Member and if for a Burgh the presiding Burgh at the first to preside at the new Election the Sheriffs or Stewarts of the several Shires and Stewarties shall G. Britain on the Receipt of their several Writs forthwith direct their several Precepts to every Royal Burgh within their respective Shires or Stewartries reciting therein the Contents of the Writ and the Date thereof and commanding them forthwith to elect each of them a Commissioner as they used formerly to elect Commissioners to the Parliament of Scotland and to order the said respective Commissioners to meet at the presiding Borough of their respective District naming the said presiding Borough upon the thirtieth Day after the Day of the Teste of the Writ unless it be upon the Lord's Day and then the next Day after and then to choose their Burgess for the Parliament And the Common-Clerk of the then presiding Borough shall immediately after the Election return the Name of the Person so elected to the Sheriff or Stewart of the Shire or Stewartry wherein such presiding Borough is who shall annex it to his Writ and return it with the same into the Court from whence the Writ issued And in case a Vacancy shall happen in Time of Parliament by the Decease or legal Incapacity of any Member a new Member shall be elected in his Room G. Britain conformable to the Method herein before appointed and in Case such a Vacancy be of a Representative for any one of the said fourteen Classes or Districts of the said Royal Boroughs that Borough which presided at the Election of the deceased or disabled Member shall be the presiding Borough at such new Election Provided always that upon the issuing of the Writs of Summons for the electing of a Parliament if any Shire or Stewartry where a Royal Borough is In Writs to Sheriffs the Election of a Knight to be omitted if the Shires where a Royal Burgh is have not then a Turn to elect hath not then a Turn or Right to elect a Commissioner or Knight of the Shire or Stewartry for that Parliament that then it shall be omitted out of the Writ c. That every Person who shall refuse to take the Oath of Abjuration or being a Quaker St. 6 An. ch 23. Sheriffs Presidents of Meetings c. on the Poll at any Election of Members of Parliament for Great Britain or of Commissioners for choosing Burgesses for Scotland at the Request of any Candidate or others to administer the Abjuration Oath or Affirmation to Quakers and Electors refusing it disabled to vote shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act made 7. W. 3. which Oath or Declaration the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members for any Place in Great Britain G. Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present at such Election which they are to administer shall not be capable of giving any Vote for the Election of any such Member for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland Enacted St. 9 An. ch 5. Candidate to be sworn to his Estate if required by any other Candidate or two Electors That every Person except the eldest Son or Heir Apparent of a Peer or of a Person qualified by this Act to serve as Knight of a Shire or such as shall be elected for each of the Universities of England shall upon Request at the time of the Election or before the Day to be prefixed in the Writ of Summons for the Meeting of any Subsequent Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having a Right to Vote at such Election take a Corporal Oath in the Form in this Act contained Vide aute The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff for any County G. Britain or by the Mayor Bailiff The Oaths to be administred by the Sheriff or other Officer by whom the Poll is to be taken and Return made or two or more Justices of the Peace Who are to certify the same into the Chancery or Queen's Bench within 3 Months under 100 l. Forfeiture to be recovered by Action of Debt c. half to the Queen and half to him that sues with full Costs or other Officer or Officers for any City Borough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. and the said Sheriff Mayor Bailiff or other Officers and the said Justices of the Peace respectively are hereby required to certify the taking thereof into Chancery or the Queen's Bench within three Months after the taking the same under the Penalty of forfeiting one hundred Pounds one Moiety to the Queen and the other to such Person or Persons as will sue for the same to be recovered with full Costs by Action of Debt Bill Plaint or Information in any Court of Record at Westminster No Fee or Reward shall be taken for administring any Oath or making 1 s. only to be paid for the Oath 2 s. for making and 2 s. for filing the Certificate under 20 l. Forfeiture to be recovered and divided as above receiving or filing the Certificate thereof except one Shilling for administring the Oath and two Shillings for making the Certificate and two Shillings for receiving and filing the same under the Penalty of twenty Pounds to be forfeited by the Offender G. Britain and to be recovered and divided as aforesaid That upon every Election to