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
sit there during any Debate in the said House of Commons After 29 Sept. 1715 No Member to vote before taking the Oaths after the Speaker is chosen until such Peer or Member shall from Time to Time respectively take the Abjuration Oath which Oath see instead of the Oath of Abjuration which before by Law ought to have been taken in such Manner and together with such other Oaths and Declaration against Transubstantiation as the said former Oath of Abjuration ought to have been taken And further That if any Person that now is or hereafter shall be a Member of the House of Commons Penalty in this or any succeeding Parliament Vid. ante and after the said 29th of September presume to vote not having taken the said Oath and subscribed the same as aforesaid every such Member so offending shall be disabled to sue or use any Action Bill Plaint or Information in any Court of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or be capable of any Legacy or Deed of Gift or to be in any Office within this Realm of Great Britain or to vote at any Election for Members to serve in Parliament and shall forfeit the Sum of five hundred Pounds to be recovered by him or them that shall sue for the same to be prosecuted by Action of Debt Suit Bill Plaint or Information in any of His Majesty's Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie or any more than one Imparlance Note and by Way of summar Complaint before the Court of Justiciary in Scotland Enacted St. 1 G. 1. c. 56. Persons having Pensions from the Crown incapacitated That no Person having any Pension from the Crown for any Term or Number of Years either in his own Name or in the Name or Names of any other Person or Persons in Trust for him or for his Benefit shall be capable of being elected or chosen a Member of or for sitting or voting as a Member of this present or any future House of Commons which shall be hereafter summoned Enacted Penalty 20 l. per Day That if any Person who shall have such Pension as aforesaid at the Time of his being so elected or at any Time after during such Time as he shall continue or be a Member of the House of Commons shall presume to sit or vote in that House then and in such Case he shall forfeit twenty Pounds for every Day in which he shall sit or vote in the said House to such as shall Sue for the same in any Court in Westminster-Hall with full Costs by Action of Debt Bill Plaint or Information in which no Essoign Privilege Protection or Wager of Law shall be allowed and only one Imparlance Enacted Stat. 3 G. 1. c. 18. No Member of the Bank disabled St. 3 G. 1. c. 9. Nor of the South-Sea Company That no Member of the Bank of England shall be disabled from being a Member of Parliament See Stat. 5.6 W. M. c. 20. ad idem Enacted That no Member of the South-Sea Company shall be disabled from being a Member of Parliament Enacted That no Governor Director or other Officer of the Corporations for Assurance of Ships St. 6 G. 1. c. 18. Nor Governor c. of Corporations for Assurance of Ships shall be disabled from being a Member of Parliament Enacted That the late Governor St. 7 G. 1. c. 28. The late Governor and Director of the South-Sea Company disabled Deputy-Governor Directors Cashire and Accomptant of the South-Sea Company and John Aislaibe Esq be disabled for ever to sit or vote in either House of Parliament I. A. B. do swear That I truly and bona fide The form of the Candidate's Oath to be taken if required by Stat. 9. Annae have such an Estate in Law or Equity to and for my own Use and Benefit of or in Lands Tenements or Hereditaments over and above what will satisfy and clear all Incumbrances that may affect the same of the annual Value of Six hundred Pounds above Reprizes as doth qualify me to be elected and returned to serve as a Member for the County of according to the Tenor and true Meaning of the Act of Parliament in that Behalf and that my said Lands Tenements or Hereditaments are lying or being within the Parish Township or Precinct of Or in the several Parishes Townships or Precincts of in the County of Or in the several Counties of as the Case may be The like Oath Mutatis Mutandis as to the Value of 300 l. per Annum to be taken by Candidates for a City Borough c. CHAP. XII Of Returns of Sheriffs c. And Amendments of Returns COncerning the Punishment of Sheriffs for their Negligence in returning of Writs 5 R. 2. St. 2. c. 4. or for leaving out of their Returns any City or Borough which ought to send Citizens and Burgesses See the Stat. hereafter p. 229. Every Sheriff who doth not make true Return of Elections of Knights St 8 H. 6. c. 7. 23 H. 6 c. 15. Vide Cromâ—ton's Juris 3. Hakewel 48. Citizens and Burgesses to come to Parliament shall forfeit an hundred Pounds to the King and an hundred Pounds to the Party injured and be imprison'd for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending shall pay forty Pounds to the King and forty Pounds to the Party See the Stat. hereafter p. 236. Note This Action to be by the Party within three Months after the Parliament commenced or after by any other Man who will If the Party do not Hakewel 49. Vide Crompton's Juris 3. and prosecute his Suit with Effect and without Fraud any other Man who will may have the said Suit for the said hundred Pounds as the Knight had and Costs of Suit also shall be awarded to the said Knight or any other who will Sue in his behalf The Sheriff shall make a good Return of his Writ Hakewel 51. and of every Return of the Mayor and Bailiff or Bailiffs where no Mayor is to him made The Burgesses of Leskard in Cornwal being Elected Towns Col. 63. the Town refused to deliver up their Indenture to the Sheriff but the Party Elected made his Indenture and deliver'd it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff having endorsed it upon his Writ but this Indenture was never executed by the Sheriff nor returned and yet this Return was held by the Committees to be good Jan. 1641. Ordered Nalson 870. That the High-Sheriff of the County of Sussex who has return'd two Indentures for the Town of Arundel shall be summon'd to appear here at the Bar to amend his Return Sir Simon d'Ewes Jour 490. Col. 2. 35 Eliz. 1592. It was said by the Speaker No Return can be amended in this House For the Writ and the Return are in Chancery
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 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-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
Barons only i. e. By Reason of the Temporal Baronies annexed to their Bishopricks and not as they are Spiritual Persons And they further urge in Confirmation of their Opinion 1. That no Bishop notwithstanding his Election Consecration Confirmation c. can be a Lord of or sit in Parliament till the King has granted to him the Temporalities of the Bishoprick 2. N. B. Tho this Stat. was repealed by Q. Mary yet that Repeal was repealed by Q. Elizabeth c. As the Parliamt at Bury 24 E. 1. 1 Eliz. all the Acts about Religion passed Dissentientibus Episcopis See Journal Dom. Procer 11 H. 7.27 Bro. Par. 107. Kelway 184. 3 The Commons See hereafter See Sadler's Rights p. 79. to 93. That by Virtue of the Stat. 1 E. 6. c. 2. still in Force The King may constitute Bishops by his Letters Patent only without any Election or Consecration and 3. That Parliaments have been and may be held Excluso Clero exclusive of the Bishops and Clergy and that some of our most beneficial Statutes have been enacted whereto the whole Body of the Clergy dissented all which they say prove the Bishops to be no essential Part or any of the three Estates of Parliament And in Trinity Term 7 H. 8. tis agreed by all the Judges of England That the King may well hold his Parliament by himself and his Lords Temporal and Commons without any Bishops or Spiritual Lords at all The third Estate of which we shall herein principally treat is on all Hands confess'd to consist of the Knights Citizens and Burgesses with the Barons of the Cinque-Ports all which being at this Day elected by the free Votes of the Freemen of Great Britain are properly esteem'd the Representative Body of the People and constitute that Part of the Parliament usually called the House of Commons N. B. The antient Modus Tenendi Parl. reckons up six Degrees or Orders of Parliament but that Division cannot be denominated six Estates The Numbers of the Commons Numb of Commons formerly See Mr. Willis's Preface to his 1 Vol. of Net Parl. Prynn of Parliamentary Writs I find to have been formerly variant according as the Sheriffs of Counties from what Motive is uncertain were pleased to direct their Precepts to the several Cities or Burros within their respective Counties or as the same Sheriffs made their Returns thereupon But indeed another Cause of this Variation was That it was usual for the Prince on his Accession to the Throne to grant Charters to antient Demesne Vills and other popular Towns thereby erecting 'em into free Burros and this consequently gave 'em a Right to be represented in Parliament And by this Artifice among others the Crown advanced its Interests in the House of Commons For it must be confess'd That by the antient Constitution there were no Representatives of the Commons as Commons in Parliament besides the Knights for the Shires the Barons for the Cinque Ports Crompt of Courts f. 2.3 c. Stat. 23. H. 6. c. 11. the Citizens for the Cities and the Burgesses for the ancient Burros only and that the Elections for all those were to be made by such Persons only as were possess'd of Lands or Tenements held by them as Freeholds or free Burgage Tenures which consequently excluded all Villeins and Copyholders Stat. 12. R. 2. c. 12. Crom. 2.3.4.5 Bro. Ant. Dem. 43â— as also Tenants in antient Demesne which were but the King's Villeins and the Tenants and Dependants of other Lords Parl. 96. Reg. 261. Nat. Bre. 14. from being either the Electors or elected of the House of Commons Indeed the Practice of increasing the Number of the Representatives of the Commons See Bohun's Col. per Tot. began very early viz. Temp. Johan if not before for I find it a Practice of that Prince to grant usually in Consideration of Money c. Charters to Antient demesne Towns as generally all Sea-Port Towns were thereby erecting 'em into free Burroughs The Representative of London and West p. 14. 10 p. 21. Spelm. in voce Major and hence it was as I conceive That Bridport Dorchester Harwich Helstone Kingston upon Hull and divers other antient demesne Towns came to be erected into free Burros which originally had no Right of being represented in Parliament But whatever Methods were then taken to encrease the Number of the House of Commons I find their Number to be much the same from the End of H. the 6th's Reign Fortescue p. 40. to the Beginning of that of H. the 8th viz. about 300. That H. 8. MS. Penes Authorem added to their Number 38. King Ed. 6. added to their Number 44. Queen Mary added to their Number 25. Queen Elizabeth added to their Number 62. King James the 1st added to their Number 27. And King Charles the 1st about 10. or 12. so that at the Time of the Restoration of King Charles 2. I find their Numbers to have been about 500. But the Commons about that Time restrained this mischievous Practice for the Future so that they declared the Elections made by Virtue of that Prince's Charters void and as Chester had been enabled to send two Members for the County and two for the City by Virtue of a Sta. 34.35 St. 34.35 H. 8. c. 13 St. 25. C. 2. c. 9. H. 8. so an Act past in the 25 Car. 2. enabling Durham to send four Members in like Manner and thus the Number of the House of Commons stood at 513 till the Union of the Kingdoms of England and Scotland when by Virtue of the Union Act St. 5. An. c. 8. forty-five Scottish Members were added which made the whole Number of that House to be 558 as it now stands Mr. Prynn and Others observe Denominations of Parliam Prynn's Rights of the Com. c. p. 99. 99. Spelm. Glossary in verb. Parlam Debata That our Ancestors had many Expressions and Phrases which signify'd a Parliamentary Assembly as Magnates Regni Omnes Regni Nobiles Proceres et Fideles Regni Universitas Regni Communitas Regni Discretio Totius Regni Generale Concilium Regni and many others varying the Stile in successive Ages till at length it came to be fix'd in the Word Parliament See divers Records and Precedents touching this Matter in the Appendix to Mr. Petyt's Miscellanea Parliamentaria Mr. Prynn also says Prynn's Truth triumphing over Falshood c. f. 69. Petyt's Antient Rights c. p. 68. That by many antient Precedents before the Conquest it is apparent that all our pristine Synods and Councils were nought else but Parliaments and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voted in them as Members and Judges And Mr. Lambard Sir Robert Atkyns's Argument p. 18. see hereafter in his Archaeion maintains That Parliaments were used in the Saxon Times as in the Time of King Ina Ann. 712 and other Saxon Princes and that they then consisted of King Lords and Commons And that the
the House at Words spoken by Mr. J. H. He was first heard to explain himself and then commanded to withdraw and was call'd to the Bar and suspended the House during that Session of Parliament 27 Maij 1641. Ibid. A Paper was brought in containing Words spoken by Mr. Taylor a Member of the House concerning the Passing the Bill of Attainder of the Earl of Strafford who being heard to explain himself and then commanded to withdraw after some Debate in the House it was Resolved That he should be expell'd the House Anto 139. be made uncapable of ever being a Member of this House and should forthwith be committed Prisoner to the Tower there to remain during the Pleasure of the House and to make an acknowledgment of his Offence both at the Bar and at Windsor publickly And he was call'd to the Bar and there Kneeling Mr. Speaker pronounced the Sentence accordingly 13 Maij 12 Jac. 1. Id. 82. Complaint was made that some Indignities were offer'd to Sir R. Owen when he was in the Chair at the Committee about the Bill for the due Observation of the Sabbath Day by Sir W. H. who told him He was Partial and by Sir R. K. who took him by the Hand and told him He would pull him out of the Chair that he should put no more Tricks upon the House Sir W. H. being present made an Acknowledgment of his Error which upon the Question was taken for a good Satisfaction Sir R. K. was ordered by the House to Acknowledge his Error at the Bar. 19 Jac. 1. Ibid. Some Speeches passing in the House privately between two Members and some Offence taken which seems was not intended to be given one of them in going down the Parliament-Stairs struck the other who thereupon catch'd at a Sword in his Mans Hand to strike with it Upon Complaint made of it to the House they were both order'd to attend the House being come he who gave the Blow was call'd in and standing not at the Bar but by the Bar was Examin'd by Mr. Speaker confessed the giving the Blow insisted on the Provocation and withdrew The other was also call'd in to relate the Truth After he had made the Relation and was likewise withdrawn and Testimony given by a Member of the House who heard the Words the House proceeded to Sentence against Mr. C. who struck the Blow He being brought to the Bar there on his Knees he received Judgment which was pronounced by the Speaker That he should be committed to the Tower during the Pleasure of the House 1626. Nalson's Introduction 61. 2 Nalson 513 Mr. Moor sent to the Tower for speaking out of Season Novemb. 1641. Ordered That Mr. Fitz-Williams Conisby shall be Expell'd this House he being a Monopolist and that the Speaker issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place Mr. Hugh Benson Id. 596. a Member of the House having granted many Protections for Money taking for some sixteen seventeen forty shillings and twenty for ten shillings a piece Resolved upon the Question That Mr. Hugh Benson is unworthy and unfit to be a Member of this House and shall sit no longer as a Member of this House That he be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House Mr. Jervase Hollis Id. 710. Expell'd the House for a Speech made with great strength of Reason and Courage but more Heat than the Times would bear was restored to his Place to sit as a Member of the House of Commons Sir William Widdrington Id. 27â— and Sir Herbert Price sent to the Tower for bringing in Candles against the Desire of the House 23 Eliz. 1580. Sir Simon d'Ewes Jour 309. Col. 2. Order'd and Resolved by the House That every Knight for the Shire that hath been Absent this whole Session of Parliament without Excuse allow'd by this House shall have a Fine set upon him to her Majesties use and upon every Citizen and Burgess for the like ten Pounds 1 Jac. 1. 1603. Mr. Lawrence Hide Petyt's Miscel Parl 147. pretending Business of his Clients c. made known to the House That he would goe out of Town and so took his Leave in open Audience without the Assent or Leave of the House which was Taxed Censured by the House and Mr. Speaker ordered to write to him It was also moved and Resolved Ib. 149. That Mr. Speaker should write another Letter to other Lawyers being gone down in the same Circuit where Mr. Lawrence Hide was advising them to Return and attend the House Hither may be referred The Case of the several Lawyers Members of the House March 173.4 c. Committed by the House for appearing as Council in the Case of Ashby and White touching the Election for Aylesbury in the County of Bucks 12. Mar. 1694. Bolun's Col. of Debates c. p. 331. and See there p. 354. Mr. Hungerford expell'd for a like Cause Resolved by the House That Sir John Trevor Speaker of this House in receiving a Gratuity of one thousand Guineas from the City of London after passing of the Orphans Bill is guilty of a High Crime and Misdemeanor And a few Days after he was only Expelled the House too mild a Punishment for so flagrant a Crime King Edw. 3. would have Hang'd him as well as Judge Thorp But Times change by great Examples And we have seen greater Crimes since Escape scot Free CHAP. IX Concerning Elections of Members Vid. of this Matter Lit. rep 327.8.9.30 c. 5 R. 2 St. 2. c. 4. ALL Persons and Commonalties who shall be summon'd to the Parliament shall come as hath been accustomed of old Time and he that cometh not having no reasonable Excuse shall be amerced and otherwise punish'd The King sendeth Writs to the Sheriffs of every Shire Arc. Parl. 4. Vide the Form of the Writ Sir Simon d'Ewes Jour 37. to admonish the whole Shire to choose two Knights of the Parliament in the Name of the Shire to hear and reason and to give their Advice and consult in the Name of the Shire and to be present at the Day At every County Hakewel 47. Vide Crompton's Juris 3. after the Delivery of the Parliament Writ to the Sheriffs Proclamation shall be made in the full County of the Day and Place of the Parliament and that all Men shall attend for the Election of the Knights for the same County for that Parliament Where the Parliament Writ speaks de qualibet Civitate Comitatus illius Arc. Parl. 22. Vide Cromp. 3. this is intended where the City is not a County in it self If it be the Writ shall be directed to them c. as it is to Sheriffs of other Countries 28 Eliz. 1586 Sir Simon d'Ewes Jour 396.397 resolved That the House of Commons are the only competent Judges concerning Elections which are duly made and which not 18 Jac. 1
or if a Quaker Declare That the Lands and Estates of for which I claim to give my Vote in this Election are not conveyed to me in Trust or for the behoof of any Person whatsoever And I do Swear declare before God that neither I nor any Person to my Knowledge in my Name or by my allowance hath given or intends to give any Promise Obligation Bond Back-Bond or other Security for re-disposing or re-conveying the said Lands and Estate any manner of way whatsoever and this is the Truth as I shall Answer to God The Freeholders Oath appointed to be taken By St. 2. Geo. 2. c. 24. Sect. 1. by Statute 2 Geo. 2. if Demanded by either of the Candidates or any two of the Electors I. A. B. Doe Swear or being one called a Quaker doe solemnly affirm That I have not received or had by my self or any Person whatsoever in Trust for me or for my Use and or Benefit directly or indirectly any Sum or Sums of Money Office Place or Imployment Gift or Reward or any Promise or Security for any Money Office Imployment or Gift in order to give my Vote at the Election and that I have not before been Polled at this Election But note Ibid. Sect. 2. This Oath seems intended for other Voters besides Freeholders for by Sect. 2. of the same Stat. 'Tis Ennacted That such Votes c. Ante. p. 132. Citizens and Burgesses within Cities and Burroughs St. 23. H. 6. c. 15. to Elect Citizens and Burgesses of the same and the Sheriff is to direct his Precept accordingly That the Nomination St. 2. W. M. c. 7. See 1 W. M. Sess 2. c. 2. Supra or Recommendation to the Electors of one of the Barons of each Cinque Port the two antient Towns and their Members claimed by the Lord Warden is contrary to Law and Void By the claim of Right made on the Abdication of King James the II. Claim of Right All Elections of Members of Parliament ought to be Free and it was Enacted accordingly See the Stat. Et vide post No Collector St. 5. W. M. c. 20. Officers of the Excise Supervisor Gauger or other Officer or Person whatsoever Concerned or Imployed in the Charging Collecting Levying or Manageing the Duties of Excise or any Branch or Part thereof shall by Word Message or Writeing or in any other manner persuade any Elector to give or disuade 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 Burrough or Cinque-Port and every Officer or other Person offending herein Penalty to forfeit 100 l. one Moiety to the Informer and the other to the Poor where the Offence is committed to be recoverd by him that Sues for it by Action of Debt Bill Plaint or Information in any Court of Record at Westminster And no Essoign Protection Privilege or Wager of Law or more than one Imparlance Incapacity and the Party Convicted to be for ever Incapacitated to bear any Office or Place of Trust under the Crown No Commissioner Collecter Comptroller St. 12.13 W. 3. c. 10 Officers of the Customs Searcher or other Officer or Person concerned or imployed in Discharging chargeing Collecting Levying or Managing the Customs or any Branch or thereof shall by Word Message or Writing c as above for the Excise Officers with the like Penalty Incapacity c. In many Cases Multitudes are bound by Acts of Parliament 4 Inst p. 5. which are not Parties to the Elections of Knights Citizens and Burgesses as all they that have no Freehold or who have Freehold in ancient Demesne and all Women having Freeholds or no Freehold and Men within the Age of One and twenty Years c. Every Inhabitant choosing or electing in any other manner than is prescribed by the Statute to forfeit an hundred Shillings half to the King St. 33. H. 8. c. 1. Ireland and half to him that will Sue for it If any Man keeps a Houshold in one County Arc. Parl. 25. and remains in Service with another Family in another County yet he may be at the choosing of Knights of the Shire where he keeps his Family Crempton's Juris 3. b. for it shall be said in Law a Dwelling in either of those Counties If the Mayor and Bailiffs or other Officer St. 23 H. 6. c. 15. Vid Cromp. Jur. 3. b. 4.2 where no Mayor is shall return other than those which be chosen by the Citizens and Burgesses of the Cities or Boroughs where such Elections be shall incur and forfeit to the King forty Pounds and moreover shall forfeit to every Person hereafter chosen Citizen or Burgess to come to Parliament and not by the same Mayor or Bailiff c. Return'd or to any other Person that will Sue for it forty Pounds That such Votes shall be deemed legal St 2. G. 2. c. 24. ibid. Sect. 2. What Votes shall be deemed legal which have been so declared by the last Determination in the House of Commons which last Determination concerning any County Shire City Borough Cinque-Port or Place shall be sinal to all Intents and Purposes any Usage to the contrary That no Person convicted of wilful and corrupt Perjury Sect. 4. Persons convicted of perjury never capable to vote or Subornation of Perjury shall after such Conviction be capable of Voting in any Election of any Member or Members to serve in Parliament That if any Elector shall ask receive Sect. 4. Persons taking Money or Reward for their Vote c. or take any Money or other Reward by way of Gift Loan or other Device or agree or contract for any Money Gift Office Imployment or other Reward whatsoever to give his Vote or to refuse or forbear to give his Vote or if any Person by himself or any imployed by him shall by any Gift or Reward or by any Promise Agreement or Security for any Gift or Reward corrupt or procure any Person to give his Vote or to forbear to give his Vote in any such Election such Person shall for every such Offence forfeit the Sum of five hundred Pounds On Conviction Forfeits 500 l with full Costs of Suit and every such Person after Judgment obtained against him in any Action of Debt Bill Plaint or Information or summary Action or Prosecution or being any otherwise lawfully Convicted thereof shall for ever be disabled to Vote in any Election to Parliament and also to hold exercise And disabled to Vote or to enjoy any Office or Franchise or enjoy any Office or Franchise to which he and they then shall or at any time afterwards may be intitled as a Member of any City Borough Town Corporate or Cinque-Port as if such Person was naturally Dead And that if any Person offending against this Act Sect. 5. Offenders in 12. Months after the Election discovering others in femnified shall within twelve Months after such Election discover any other Person offending against this Act so
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
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
eight Days and give four Days Notice of the Day appointed there shall be forty Days between Teste and Returns of the Writs of Summons and that the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal for the Time being shall issue out Writs for Election of Members to serve in the same Parliament with as much Expedition as the same may be done And that as well upon the calling or summoning any New Parliament as also in case of any Vacancy in Parliament the several Writs shall be deliver'd to the proper Officer to whom the Execution thereof doth belong or appertain and to no other Person whatsoever And that every such Officer upon the Receipt of the same Writ shall upon the back thereof indorse the Day he receiv'd the same and shall forthwith send his Precept or Precepts to each Borough Town Corporate Proper Officer of the Cinque-Ports allowed six Days from the Receipt of the Writ for the Delivery by a sulsequent Statute 10 11 W. 3. c. 7. Port England or Place within his Jurisdiction where any Member or Members are to be elected to serve in such New Parliament or to supply any Vacancy in Parliament and within three Days after the Receipt of the said Writ shall by himself or proper Agent deliver or cause to be delivered such Precept or Precepts to the proper Officer of every such Borough Town Corporate Port or Place within his Jurisdiction to whom the Execution of such Precept doth belong or appertain and to no other Person And every such Officer upon the back of the same Precept shall indorse the Day of his Receipt thereof in the Presence of the Party from whom he received such Precept and shall forthwith cause Notice to be given of the Time and Place of Election and shall proceed to Election thereupon within the Space of eight Days next after his Receipt of the same Precept and give four Days Notice at least of the Day appointed for the Election Neither the Sheriff nor his under Sheriff in any County or City No Sheriff c. in any County or City nor Mayor c. of any Borough Town Port or Place to whom the Execution of any Writ or Precept belongs to pay or receive any Fee c. for making out Receipt Delivery Return or Execution of the same nor the Mayor Bailiff Constable Portreeve or other Officer or Officers of any Borough England Town Corporate Port or Place to whom the Execution of any Writ or Precept for electing Members doth belong or appertain shall give pay receive or take any Fee Reward or Gratuity for making out Receipt Delivery Return or Execution of any such Writ or Precept Upon every Election to be made of any Knight or Knights of the Shire to serve in Parliament Sheriff for Election of Knights of the Shire to hold his County Court where the same has been most usually kept for forty Years last and proceed to the Election the next Court unless it happen within six Days after the Receipt of the Writ or the same Day and then to adjourn giving ten Days notice of the Time and Place If a Poll required the Sheriff c. forthwith to proceed thereon publickly and appoint Clerks to take the Poll in his c. Presence who shall be sworn to take it indifferently and set down each Free-holder's Name the Place of his Freehold and for whom he polls and to poll no Freeholder not sworn if requir'd by any Candidate the Sheriff of the County where such Election shall be made shall hold his County Court for the same Election at the most publick and usual Place of Election within the said County and where the same has most usually been for 40 Years last past and shall there proceed to Election at the next County Court unless the same fall out to be held within six Days after the Receipt of the Writ or upon the same Day and then shall adjourn the same Court to some convenient Day given ten Days Notice of the Time and Place of Election and in case the said Election be not determined upon the View with the Consent of the Freeholders there present but that a Poll shall be required the said Sheriff or in his Absence the Under-Sheriff England with such others as shall be deputed by him shall forthwith there proceed to take the said Poll in some open or publick place or places by the same Sheriff or his Under-Sheriff in his Absence or others appointed for the taking thereof as aforesaid And for the more due and orderly proceeding in the said Poll the said Sheriff or in his Absence his Under-Sheriff or such as he shall depute shall appoint such Number of Clerks as to him shall seem convenient for the taking thereof which Clerks shall all take the said Poll in the presence of the said Sheriff or his Under-Sheriff or such as he shall depute and before they begin to take the said Poll every Clerk so appointed shall by the said Sheriff or his Under-Sheriff aforesaid be Sworn truly and indifferently to take the same Poll and to set down the Names of each Free-holder and the Place of his Free-hold and for whom he shall Poll and to Poll no Free-holder who is not Sworn if so required by the Candidates or any of them which Oath of the said Clerks the said Sheriff or his Under-Sheriff or such as he shall depute are hereby impowered to administer and the Sheriff or his Under Sheriff shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate to be Inspectors of every Clerk England who shall be appointed for taking the Poll Sheriffs c. to appoint for each Candidate one Person nominated by such Candidate to be Inspectors of every Clerk of the Poll. And to sweareach Free-holder before his Poll to be taken if by any Candidate required to his Freehold and every Free-holder before he is admitted to Poll at the same Election shall if required by the Candidates or any of them first take the Oath in this Act contained Which Oath the Sheriff by himself or his Under-Sheriff or such sworn Clerks by him appointed for takeing the said Poll as aforesaid are hereby authorized to administer The said Sheriff Sheriff c. at the Place of Election to proceed to the Poll and not adjourn the County Court to any other Place without the Candidates Consent nor without such Consent delay or discontinue the Poll. or in his Absence his Under-Sheriff or such as he shall depute shall at the Place of Election proceed to the Polling all the Free-holders then and there present and shall not adjourn the County Court then and there held to any other Town and Place within the same County without the Consent of the Candidates nor shall by any unnecessary Adjournment in the same Place of Election protract or delay the Election but shall duly and orderly proceed to take the said Poll from Day to Day
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
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 every the Sheriffs Mayors G. Britain Bailiffs and other Officers The Act to be read by the Sheriff c. after reading the Writ to whom the Execution of any Writ or Precept for electing any Members belongs shall at the Time of such Election immediately after the Reading of such Writ or Precept read or cause to be read openly before the Electors there assembled this present Act and every Clause therein contained and the same shall also openly be Read once in every Year at the General Quarter Sessions of the Peace after Easter and at the Quarter Sessions after Easter and on electing Magistrates c. for any County or City and at every Election of the chief Magistrate in any Borough Town Corporate or Cinque-Port and at the annual Election of Magistrates and Town Counsellors for every Borough in Scotland That every Sheriff Under-Sheriff Wilful Offence forfeits 50 l. Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for the electing of Members doth belong for every wilful Offence contrary to this Act shall forseit 50 l. to be recovered with full Costs as before directed Provided Prosecution to commence within two Years That no Person shall be made liable to any Incapacity Disability Forfeiture or Penalty by this Act unless Prosecution be commenced within two Years after such Incapacity c. incurred or in Case of a Prosecution the same be carried on without wilful Delay any Thing herein to the contrary After a Recital of the St. 7.8 St. 6. G. 11. c. 23. W. 3. and the Inconveniencies of County Courts being adjourned to Mondays Fridays or Saturdays it enacts That no County Court in England shall be adjourn'd to a Monday Friday or Saturday and all Adjournments and Acts done at such Courts so adjourn'd to be null and void any Law Custom or Usage to the contrary Provided That any County Court begun holden on or adjourned to any Day not prohibited by this or the said former Act for electing any Knight of the Shire for any County or for hearing and determining Causes or for such other Matters and Business as are usually transacted at County Courts may be adjourned over from Day to Day tho' the same may happen to be on a Monday Friday or Saturday until such Election or other Matters be fully finished any thing therein to the contrary c. CHAP. XIII Election of the Speaker THE Speaker is he that doth prefer and commend the Bills exhibited to the Parliament Arc. Parl. 3. Smyth's Common-wealth 75. and is the Mouth of the Parliament It is true 4 Inst 8. Smyth's Common-wealth 75. See Bohun's Coll. 352. contra the Commons are to choose their Speaker but seeing that after their Choice the King may refuse him for avoiding of expence of Time and Contestation the Use is as in the Conge d'Eslier of a Bishop that the King doth name a discret and learned Man whom the Commons elect But without their Election no Speaker can be appointed for them 4 Inst 8. because he is their Mouth and trusted by them and so necessary as the House of Commons cannot sit without him And therefore a grievous Sickness is a good Cause to remove the Speaker Id. 8. and choose another So in 1 Hen. 4. Sir John Cheyny discharged and so William Sturton So in 15 Hen. 6. Sir John Tyrrel removed So March 14. 1694. Sir John Trevor The first Day each Member is called by his Name Modus tenend Pal. 35. every one answering for what Place be serveth That done they are willed to choose their Speaker who tho' nominated by the King's Majesty is to be a Member of that House Their Election being made he is presented by them to the King sitting in Parliament 35. So Sir Thomas Gargrave 1 Eliz. So Christopher Wray 13 Eliz. So Robert Bell 14 Eliz. See Bohun's Coll. 352 353. So John Puckering 27 Eliz. So George Snagg 31 Eliz. So Edward Coke 35 Eliz. So Yelverton 39 Eliz. So John Crook 43 Eliz. So Sir Thomas Crew 19 Jac. 1. So Sir Heneague Finch 1 Car. 1. cum multis aliis The Speaker ought to be religious Towns Coll. 1.4 honest grave wise faithful and Secret These Virtues must concur in one Person able to supply that Place The long Use hath made it so material Elsyng 154 that without the King's Commandment or Leave they cannot choose their Speaker Sed aliter ab Antiquo Surely the Election of the Speaker was antiently free to the Commons Id. 155. to choose whom they would of their own House which appears in this that the King never rejected any whom they made Choice of Vide contra Sir Simon d'Ewes Journ 42. Col. 1. where he saith That 28 Hen. 6. Sir John Popham was discharg'd by the King i. e. on his excuse and thereupon the Commons chose and presented William Tresham Esq who made no Excuse See the like of Paul Foley in Bohun's Collection 353. The Cause of Summons being declared by the King or Chancellor Elsing 151 Cook 12 115. Smyth's Common-wealth 79. the Lord Chancellor confers first with his Majesty and then in his Name commands the Commons to assemble in their House and to choose one of their Members to be their Speaker and to present him to his Majesty on a Day certain Upon which the Commons shall presently assemble themselves in the Lower House Co. 12.115 and he is to be a Member of their Parliament The Commons being thereupon assembled in their House Elsyng 152 Vid. Town Coll. 174. See Bohun ut Supra one of the Commons puts the rest in mind of their Charge given in the Upper House touching the choosing of a Speaker and then doth of himself commend one unto them and desires their Opinions to be signified by their Affirmative or Negative Voices and if any Man stand up and speak against him so named alledging some Reason he ought to name another Some Person when the generality of Members are come Scobel 3. Vid. Town 174. Vide Sir S. d'Ewe's Jour passim and sit doth put the House in mind that for their better proceeding in the weighty Affairs they are come about their first Work is to appoint a Speaker and re-commends to the House some Person of Fitness and Ability for the Service and Dignity which usually hath been one of the long Robe If more than one Person be named for Speaker Scobel 3. and it be doubtful who is more generally chosen sometime one of the Members standing in his Place doth by Direction or Leave of the House put a Question for determining the same or the Clerk at the Board So it was in the first Session 1 Jac. 1. Scobel 4. when Sir Edward Philips the King's Serjeant at Law was first named by Mr. Secretary Herbert as fit for that Place and the Names of others were mention'd but the more general Voice run upon Sir Edward Philips and a Question being put he was by general Acclamation chosen Speaker When the Speaker
Vide ante Brig-bote Here-fax Here-geld c. Tho' we may well conclude those Customs and Duties to have been originally granted by Assent of the Commons in a Parliamentary Assembly as 'tis certain Peterpence Danegeld Spelman ib. Horngeld c. were As to Peterpence Idem in Verbo Romascot See Fedus Edvardi and Guthurui c. 6. LL. Edgari c. 4. LL. Caunti c. 15. LL. Hen. 1. c. 12 c. In verbo Subsidium otherwise called Romescot and Romefee whether the same was first granted by King Ina as is generally said or by King Offa as others affirm 'tis plain a Parliamentary Consent was had thereto as the Laws touching the Regulation of the same doe manifestly prove And as to Danegeld c. Sir Henry Spelman says The Danes having oppressed the Land King Egelred i. e. Ethelred in the Year 1007 yeilded i. e. by consent of Parliament to pay them for obtaining Peace 10,000 l. which was after encreased to 36,000 l. then to 113000 l. and lastly to a yearly Tribute of 48,000 l. and for the raising of this Tax Note this Tax appears to have been promoted by some Church-men who tis probable shared the plunder Splem ut Supra every Hyde or Plough Land was charg'd with 12 d. Yearly Church Lands excepted and thereupon twas called Hydage which Name was afterwards apply'd to all Taxes and Subsidies imposed on Lands but if the Tax was laid on Cattle 'twas call'd Horn-geld The Normans says the same Author called these sometimes from the Latin and Greek Word Taxes and sometimes from their own Language Tallagia signifying to cut or divide from as the Word Excise doth at present and sometimes they denominated 'em according to the usual Words beyond Sea Auxilia and Subsidia Ayds and Subsidies and accordingly W. 1. had those Taxes or Tallages and made Laws for the manner of Levying them Vide LL. W. 1. p. 125. Rights of the Kingdom 115. But this also seems to be by pretence or colour of I cannot call it a free Parliament But to return to the Saxons and their manner of granting Aids and Taxes Hist Aethelwerdi Li. 3. we may observe that King Egbert who is generally said to have been the first Monarch of England seems to have attained his Conquests and Extent of Dominion chiefly by the extraordinary Aids and Supplies granted by his Commons See Ingulph p. 6.12.17 and that by the same Means he was enabled so vigorously to Repel the Danes c. To this purpose we meet with a Passage in the History of Croyland viz. That this King confirmed a grant of Lands to that Abby coram Pontificibus Majoribus totius Angliae i. e. as I apprehend before the Prelates Peers and greater Commons of all England who as the History saith were then met together at London consulting how to provide Aids and Supplies contra Danicos Piratas c. The whole Passage proves this Transaction to have been in a general Council or Parliament met purposely for the raising of new Aids and the Word Majores seems plainly to intend the Representatives of the Commons and to be of a lower Degree than the proceres or Temporal Peers Vide Bed Hist And that the Commons attended at that Consult may not only appear from divers of the Names Subscribed to that Charter But 'tis also evident from Bede and other antient Authors that the Word Majores was then used to signify such Officers and Magistrates as we now Term Sheriffs of Counties and Mayors or Bailiffs of Towns and Cities And tho' the Word Danegelt Ingulph is not quite so antient as the Time of K. Egbert yet that the first grant thereof was with consent of the Commons appears from the Laws of Edward the Confessor Hoveden who first remitted it it having been diverted from its Original and true Institution the very Cause ceasing under the Kings of the Danish Race who notwithstanding continued the Tax and which tho' remitted by the Confessor was afterwards revived by the Conqueror See Laws of W. 1. as a proper Expedient for augmenting regal Power and yet this Revival seems also to be by consent of or under colour of a Parliament But further In the abovementioned History of Croyland Hist Ingulphi ad Annum 855. there is a remarkable Charter made by Ethelwulph the West Saxon King who was Son and Successor to K. Egbert and the Father of his four Successors i. e. Ethelbald Ethelbert Ethelfred and Alfred Rights of the Kingdom p. 84 85. The Charter itself imports a grant of Lands Tythes c. to that Abby and in the Body of it is said to be made cum Consilio Episcoporum Principum c. and is Subscribed by and in the presence of the Kings of Mercia and East Anglia Omniumque Archieporum Episcoporum Abbatum Ducum Comitum Procerumque totius Terre aliorumque Fidelium infinita Multitudine Qui omnes Regio Chirographo Laudaverant A pregnant Instance of a Saxon Parliament compos'd of Kings Lords and Commons and of the concurrent Assent of the three Estates in the passing of the Grant I cannot here forbear observing an Expression in that Introduction to the Laws of K. Alphred which might seem strange in a King at this Day where speaking of his Establishing those Laws See Wilkins p. 34 and Lambard 26. Ex consulto Sapientum Suorum By consent of his Parliament he goes on thus Fortham ic ne durst gedyrst-laecan c. for that he durst not attempt to do it otherwise and it concludes thus Ergo Ego Alphredus omnibus Sapientibus meis hic usus sum et illi dicebant quod ipsis omnibus bene placuerint ea quae Statuta Suut ut observarentur And Andrew Horn a Learned Lawyer Mirror of Justices who wrote Temp. Ed. 2. in many places of his Book Speaks of K. Alphred's Parliaments and that his Laws were made by Assent of his Great Wise Men and Commons He Expresly mentions and applauds that Law of his that Parliaments ought to be held twice Yearly and Declares the Non-observance of that grand Law of State to be one of the highest abuses of Law and Government I might here also take notice of other Parliaments of the same King Wilkins LL. Saxon p. 51. particularly that Treaty entered into between him and Guthrun the Dane which was made Ex Sapientum anglorum Consilio and I might further shew that all the Acts of State both of him and his Saxon and Danish Successors were made and transacted with the consent of the Commons as well as Consilio Magnatum But the Point is so fully proved in our antient Historians as well as in the stile used by those Princes in their Enacting of Laws that I conceive my further Endeavours to illustrate it would prove but holding a Candle to the Sun And as for the Norman Times tho' the two Williams Father and Son endeavour'd what they could to suppress the Rights of the Commons yet we find on the Death of the latter the
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
Proxy and so many excellent Things were done that it was called Bonum Parliamentum At the Return of the Writs Ib. 6. the Parliament cannot begin but by the Royal Presence of the King either in Person or Representation The King's Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin the Parliament or to prorogue it c. When a Parliament is call'd Ib. 28. and doth sit and is dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention It is an Observation proved by a great Number of Precedents Ib. 32. that never any good Bill was preferred or good Motion made in Parliament whereof any Memorial was made in the Journal-Book or otherwise Tho sometimes it succeeded not at the first yet it hath never dy'd but at one Time or other hath taken effect Matters of Parliament are not to be ruled by the Common-Law Ib. 17. If Offences done in Parliament might have been punish'd elsewhere Ibid. Vide 1 Inst Sect. 108. it shall be intended that at some Time it would have been put in Ure It doth not belong to the Judges Ib 50. to judge of any Law Custom or Priviledge of Parliament The Judges in Parliament are the King or Queen Sir Tho. Smith's Common-wealth 74 the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire Borough-Town These all or the greater Part of them and that with the Consent of the Prince for the Time being must agree to the making of Laws It is the just and constant Course of Parliament Seld. Judic 95. to bring the Party accused to his Answer Yea tho he fly Justice yet to send out Proclamation into the Countries that he appear at a Day or else such and such Judgments shall be given against him What is done by either House Sir R. Atkyns Argument c. 14. according to the Law and Usage of Parliament is properly and in the Judgment of the Law the Act of the whole Parliament And what concerns the one must of Necessity concern the whole not meerly by Consequence but by an immediate Concernment as being one and entire The three Estates of Parliament are one entire Body and Corporation Ib. 34 41 51 55. Vide Rast St. 2. 3. E. 6. c. 36. Pref. All their Powers and Priviledges in the Right of them and in the Title to them are entire per my per tout and belonging to the whole Body of the Parliament tho in the Exercise of those Powers and sometime in the Claim of them they are distinguish'd and in the Practise of their Powers they are in many Things distributed into Parts All the Estates in Parliament are call'd by one common Name Ibid. as Commune Concilium Regni Magna Curia they are one Body Politic. It is said by Fineux Chief Justice That the Parliament at the Common-Law consists of the King Lords and Commons and they are but one Body corporate The Liberties and Franchises of the Parliament in the Right of them Ib. 55. are entire and due to both Houses for both make up the Parliament Knighton one of our best Historians doth notably disclose the antient Ends of calling Parliaments Knyghton de Eventibus Augliae l. 5. f. 2681. col 1.2 Pettyt's Rights c. in Pref. p. 43. 44. Hollings f. 1055. col 1. in saying Quod ex Antiquo Statuto Consuetudine landabili approbata c. That by an antient Statute and Custom laudable and approved which no Man could deny the King was once in the Year to convene his Lords and Commons to his Court of Parliament as to the highest Court in the whole Realm In qua omnis Aequitas relucere deberet absque qualibet Scrupulositate vel nota tanquam Sol in Ascensu Meridiei ubi Pauperes Divites pro Refrigerio Tranquilitatis Pacis Repulsione Injuriarum Refugium Infallibile quaerere possent ac etiam Errata Regni reformare de Statu Gubernatione Regis Regni cum Sapientiori Concilio tractare ut Inimici Regis Regni Intrinseci Hostes Extrinseci destruantur repellantur qualiterquoque Onera incumbentia Regi Regno levius ad Ediam Communitatis Supportari potuerunt i. e. In which Court all Equity ought to shine forth without the least Cloud or Shadow like the Sun in its Meridian Glory where Poor and Rich refreshed with Peace and Ease of their Oppressions may always find infallible and sure Refuge and Succour the Grievances of the Kingdom redressed and the State of the King and Government of the Realm debated with wiser Councels the Domestick and Foreign Enemies of the King and Kingdom destroy'd and repelled and to consider how the Charges and Burthens of both may be sustained with more Ease to the People Minshieu But these six Degrees were never allowed to be six Estates of Parliament in his Etymological Dictionary tit Parliament says In a Monument of Antiquity meaning the antient Modus Tenendi Parliament shewing the Manner of holding the Parliament in the Time of K. Edward the Son of K. Etheldred which as the Note saith was delivered by the discreeter Sort of the Realm to William the Conqueror and allowed by him tis said That the Parliament consisted of six Ranks or Degrees it begins thus Rex est Caput Principium et Finis Parliamenti ita non habet Parem in suo Gradu Et sic a Rege solo primus Gradus est Secundus Gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per Baroniam Tertius Gradus est de Procuratoribus Cleri Quartus Gradus est de Comitibus Baronibus et aliis Magnatibus Quintus Gradus est de Militibus Comitatuum Sextus Gradus est de Civibus et Burgensibus Et ita est Parliamentum ex sex Gradibus En Antient temps tout le Parliament sea Insimul Rolls 1. Report fol. 18. ante 54. et le Separation fuit perle desire del Commons Mes nient obstant ils font forsque un Mese jen aie view un Record 30 H. 1. de lour degrees et seats 39 E. 3. per Choke ch Inst It is generally believed Reform'd vol. 2. p. 49. That the whole Parliament sate together in one House before E. 3. Time and then the inferior Clergy were a Part of that Body without Question But when the Lords and Commons were divided the Clergy likewise sate in two Houses and granted Subsidies as well as the Temporalities My Lord Chief Justice Coke says 1 Inst Sect. 164. fol. 109. The Parliament is the highest and most honourable and absolute Court of Justice of England consisting of the King the Lords of Parliament and the Commons And again the Lords are here divided into two Sorts viz. Spiritual and Temporal And the Commons are divided into three Parts viz. Into Knights of Shires or Counties Citizens out of Cities and Burgesses out of Boroughs In the High Court of Parliament all the whole Body
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
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
of James the Third or of Scotland by the Name of James the Eighth or the Stile and Title of King of Great Britain hath not any Right or Title whatsoever to the Crown of this Realm or any other the Dominions thereto belonging And I do renounce refuse and abjure any Allegiance or Obedience to him And I do swear That I will bear Faith and true Allegiance to His Majesty King George the Second and Him will desend to the utmost of my Power against all Traiterous Conspiracies and Attempts whatsoever which shall be made against his Person Crown or Dignity And I will do my utmost Endeavour to disclose and make known to His Majesty and his Successors all Treasons and Traiterous Conspiracies which I shall know to be against Him or any of Them And I do faithfully Promise to the utmost of my Power to support maintain and defend the Succession of the Crown against him the said James and all other Persons whatsoever As the same Succession by an Act entitled An Act for the further Limitation of the Crown and better Securing the Rights and Liberties of the Subject is and stands limited to the Princess Sophia Electress and Dutchess Dowager of Hanover and the Heirs of Her Body being Protestants And all these Things I do plainly and sincerely acknowledge and swear according to these express Words by me spoken and according to the plain and common Sense and Understanding of the same Words without any Equivocation mental Evasion or secret Reservation whatsoever And I do make this Recognition Acknowledgement Abjuration Renunciation and Promise heartily willingly and truly and upon the true Faith of a Christian So Help me God CHAP. XI Who may be Elected to Parliament BY Stat. 5. 4 Inst 48. Sir Simon d'Ewes Jour 39 40. Eliz. c. 1. no Knight Citizen or Burgess can sit in Parliament before he hath taken the Oath of Allegiance and Supremacy but Note other Oaths are now appointed Vide ante Because the Words of the Writ for Election of Knights 4 Inst 10. c. were duos Milites gladiis cinctos c. it required an Act of Parliament that notable Esquires might be eligible Therefore the Statute says St. 23. H. 6. c. 15. the Knights of the Shires for the Parliament must be notable Knights or such Esquires or Gentlemen born of the same County as be able to be Knights Any Man may be chosen Knight St. 18. Ed. 4. c. 2. in Ireland Citizen or Burgess tho' he be not dwelling within the same Every Knight Citizen and Burgess shall be resiant and dwelling within the Counties Cities and Towns Every Knight Citizen or Burgess taking it upon him and not chosen in the manner prescribed by the Act of Parliament to forfeit an hundred Pounds St. 33 H. 8. c. 1. in Ireland Si home n'esteaut Inhabitant Meor so 551. n. 741 ne free de un Borough il poit Eslier s'il voit server a lour Election ou nemy pur le Borough If a Man be not an Inhabitant nor free of a Borough he may choose if he will serve at their Election or not for the Borough By the Statute none ought to be chosen a Burgess of a Town Rush Col. Vol. 1.689 in which he doth not inhabit but the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good Warrant for us to give Judgment against him by Whitlock The King cannot grant a Charter of Exemption to any Man to be freed from Election of Knight Citizen 4 Inst 49. or Burgess of the Parliament A Person Outlawed in a Personal Cause may be a Burgess Towns Col. 63.64 Vide John Smiths Ca. Si Simon d'Ewes Jour 48. Col. 2.480 Col. 1 Vide Sir Simon d'Ewes Jour 481. Col. 2. 482. Col. 1. See Bohun's Collection p. 278. 279. If exception be taken to such an Election and an Outlawry alledged to disinable him the Stat. 23 Hen. 6. c. 15. will disinable most of this House for they ought to be Burgesses resident Tho' the Common Law doth disinable the Party yet the Priviledge of the House being urged that prevaileth over the Law A Man Attainted Ibid. Outlawed or Excommunicated or not lawfully elected if he be returned out of all doubt is a lawful Burgess A Knight Banneret 4 Inst 46. being no Lord of Parliament is eligible to be Knight Citizen or Burgess of the House of Commons being under the Degree of a Baron which is the lowest Degree of the Lord's House An Earl's Son may be a Member of the House of Commons Sir Simon d'Ewes Jour 244. Col. 2. 4 Inst 47. One under the Age of one and twenty years is not eligible Neither can any Lord of Parliament sit there till he be full one and twenty Years An Alien cannot be elected of the Parliament Ibid. because he is not the King's Liege Subject and so it is albeit he be made Denizon by Letters Patents c. But if an Alien be naturaliz'd by Parliament then he is eligible to this or any other Place of Judicature No Alien denizated ought to sit here Petyt 's Miscell Parl. 175. Ibid. per Sir Edward Coke Note also the St. 4 An. c. 8. for settling the Succession c. excludes Aliens Resolved upon the Question that the Election of Mr. Walter Steward being no natural born Subject 4 Inst 47. is void and a Warrant to go for a new Writ None of the Judges of the King's Bench or Common Pleas or Barons of the Exchequer that have Judicial Places can be chosen Knight Citizen or Burgess of Parliament as it is now holden because they are Assistants in the Lord's House Yet read Parl. Roll. 31 H. 6. But any that have Judician Places in other Courts Ecclesiastical or Civil Ibid. being no Lords of Parliament are eligible None of the Clergy tho' he be of the lowest Order is eligible to be Knight Moor so 783. n. 1083. 4 Inst 47. Citizen or Burgess of Parliament because they are of another Body viz. of the Convocation The Clergy of the Convocation-House are no Part or Member of the Parliament Hakewel 59. Vide Fox's Book of Martyrs f. 1639. 4 Inst 48. A Man Attainted of Treason or Felony c. is not eligible For he ought to be magis idoneus discretus sufficiens Mayors and Bailiffs of Towns Corporate are eligible 4 Inst 48. Vide contra Brook Abridg. tit Parl. 7. At a Parliament holden 38. H. 8. it was admitted and accepted that if a Burgess of Parliament be made a Mayor of a Town or have Judicial Jurisdiction Crompt 16. or is Sick c. that these are Causes sufficient to choose others Any of the Profession of the Common Law and which is in Practice of the same 4 Inst 48. is eligible By special Order of the House of Commons Ibid. the Attorney General is not eligible to be a Member of the House of Commons Vide infra At the
the Officers and Persons making or procuring the same and every or any of them at his Election in any of his Majesty's Courts of Record at Westminster and shall recover double the Damages he shall sustain by reason thereof together with his full Costs of Suit And if any Officer shall willfully Like Action given the elected against Officer c. falsly c. making double Returns and the Prosecuters of such Returns Contracts Bonds c. given to procure the Return of any Members adjudged void and such Members 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. and but one Imparlance 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 against him or them and the Party or Parties that willingly procure the same or any of them by the Party grieved at his Election All Contracts Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member to Parliament or any thing relating thereunto shall be adjudged void and whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return shall forseit the Sum of 300 l. one third part to his Majesty another third part to the Poor of the County City Borough or Place concerned England 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 shall be allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return Clerk of the Crown to keep Books of Entry of Returns c. and of every Alteration and Amendment in every such Return whereto all Persons are to have access and take Copies of so much as desir'd at a reasonable Fee The Parties prosecuting such Suit Candidates may give such Book or a true Copy thereof in Evidence and have like Advantage as by producing the Record itself And if the Clerk of the Crown makes not such Entry within 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 he shall forfeit 500 l. for each Offence to the parth grieved Candidate to be recovered as aforesaid and lose his Office and be for ever incapable of holding it Every Information or Action upon this Statute England shall be brought within two Years after the cause of Action shall arise Informations or Actions on this Statute to be brought within 2 Years and not after That upon every Election to be made of any Knight or Knights of the Shire in case a Poll shall be requir'd the Sheriff or his Under-Sheriff shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate Candidates for Knights of the Shire may nominate Persons to be Inspectors of the Poll and may require each Freeholder to be sworn before admitted to Poll. to be Inspectors of every Clerk who shall be appointed for taking the Poll and every Freeholder before he is admitted to Poll at the same Election shall if required by the Candidates or any of them first take the Oath in this Act contained Vide ante And if any Person do unlawfully and corruptly procure or suborn any Freeholder or Person to take the said Oath in order to be Polled Any Person procuring a Freeholder or other to take the Oath for the Poll whereby he commits Perjury and convicted of such Subornation for every Offence forfeits 40 l. and be incapacitated as a Witness till such Judgment reversed and for want of 40 l. imprisoned half a Year and stand in the Pillory an Hour per Stat. 5 Eliz. ch 9. whereby he shall commit wilful and corrupt Perjury and shall be thereof convicted he for every such Offence shall incur the like Pains and Penalties as are in and by one Act made in the 5th Elizabeth c. enacted against all such who shall c. Suboru or Procure any Person to commit any unlawful and corrupt Perjury contrary to the said Act. England The said Sheriff Without the Candidates consent the County Court not to be adjourned from the place of Election nor the Poll discontinued or in his Absence his Under-Sheriff or such as he shall depute shall not adjourn the County-Court from the Place of Election to any other Town or Place within the same County without consent of the Candidates but shall duly and orderly proceed to take the Poll from Day to Day and Time to Time without any further or other Adjournment without the Consent of the Candidates for such Adjournment Every Sheriff Any Person may demand a Copy of any Poll which the Sheriffs Mayors c. are required to deliver paying reasonably for writing it To each Party grieved Mayors Sheriffs c. for every wilful offence forfeit 500 l. to be recover'd by such Party his Executors or Administrators with full Costs by Action of Debt c. wherein no Essoign c. Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to 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 And every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing Members to Parliament doth belong for every wilful Offence contrary to this Act shall forfeit to every Party so aggrieved the Sum of 500 l. to be recovered by him or them England his or their Executors or Administrators together with full Costs of Suit and 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 No Person shall be capable of being elected a Member to Parliament who is not of the Age of 21 Years None shall be elected under the age of 21 Years The choice of any elected under that Age declared void and such Minor sitting c. in Parliament shall incur like Penalties as if sitting c. unchosen or returned and every Election or Return of any Person under that Age is declared Null and Void And if any such Minor chosen shall presume to sit or vote in Parliament he shall incur such Penalties and Forfeitures as if he had presumed to Sit and Vote in Parliament without being chosen or returned The Sheriff of
No Candidate who shall have in his own Name or in trust for him or his Benefit any new Officers or Place of Profit hereafter to be created or be a Commissioner or Sub-Commissioner Secretary or Receiver of Prizes Commissioner of the Armies Accounts Commissioner of the Sick and wounded Agent for any Regiment Commissioner for Wine Licences Governor or Deputy-Governor of any of the Plantations Commissioner in any out-Port or have a Pension from the Crown during Pleasure shall be capable of being elected or sitting c. as a Member who shall have in his own Name or in the Name of any Person or Persons in Trust for him or for his Benefit any new Office or Place of Profit whatsoever under the Crown which at any time hereafter shall be created or erected nor any Person who shall be a Commissioner or Sub-Commissioner of the Prizes Secretary or Receiver of the Prizes nor any Comptroller of the Accompts of the Army nor any Commissioner of Transports nor any Commissioner of the Sick and Wounded nor any Agent to any Regiment nor any Commissioner for Wine Licences nor any Governor nor Deputy-Governor of any of the Plantations nor any Commissioner of the Navy employed in any of the Out-Ports nor any Person having any Pension from the Crown during Pleasure shall be capeable of being Elected or of sitting or voting as a Member of the House of Commons If any Person being chosen a Member of the House of Commons shall accept of any Office of Profit from the Crown during such time as he shall continue a Member his Election shall be Members chosen accepting any Office of Profit from the Crown while they continue Members their Election void and a new Writ to issue but capable of being again Elected and is hereby declared to be Void and a new Writ shall issue for a new Election as if such Person so accepting was naturally Dead Nevertheless such Person shall be capable of being again Elected as if his Place had not become Void as aforesaid No greater Number of Commissioners shall be made for the Execution of any Office than have been employed in the Execution of any such Office from the first Day of the Session Nothing herein contained shall extend to any Member of the House of Commons being an Officer in Her Majesty's Navy or Army Members being Officers in the Navy or Army receiving any New Commission in either not incapacitated who shall receive any new or other Commission in the Navy or Army respectively If any Person hereby disabled or declared to be incapable to Sit or Vote in Parliament Members hereby incapacitated if returned their Election void and presuming to sit and vote forfeit 500 l. to any that will sue by Action of Debt c. wherin no Essoin c and but one Imparlance shall nevertheless be returned as a Member to serve for any County City Town or Cinque-Port in any such Parliament such Election and Return are declared to be Void to all Intents and Purposes and if any Person disabled or declared incapable by this Act to be Elected shall presume to sit or vote as a Member of the House of Commons in any Parliament such Person so sitting or voting shall forfeit 500 l. to be recovered by such Person as shall Sue by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed and only one Imparlance Forty five shall be the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain G. Britain Stat. 5 Annae c. 8. Every Member of the House of Commons of the Parliament of Great-Britain until the Parliament of Great-Britain shall otherwise direct shall take the respective Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy The Union Act. by an Act of Parliament made in England in the First Year of the Reign of the late King William and Queen Mary The new Oaths of Allegiance and Supremacy And make subscribe and audibly repeat the Declaration mentioned in an Act of Parliament made in England in the Thirtieth Year of the Reign of King Charles the Second The Test and shall take and subscribe the Oath mentioned in an Act of Parliament made in England in the First Year of Her Majesty's Reign The Abjuration At such time and in such manner as the Members of both Houses of Parliament of England are by the said respective Acts directed to take make and subscribe the same upon the Penalties and Disabilities in the said respective Acts contained And it is declared and agreed that these Words This Realm The Crown of this Realm and the Queen of this Realm mentioned in the Oaths and Declaration contained in the aforesaid Acts which were intended to signify the Crown and Realm of England shall be understood of the Crown and Realm of Great-Britain and that in that Sense the said Oaths and Declaration be taken and subscribed by the Members of the Parliament of Great Britain None shall be capable to be elected a Representative for any Shire or Borough of Scotland but such as are twenty one Years of Age complete None capable to be elected for any Shire or Borough of Scotland under 21 Years nor unless a Protestant Papists and such as refuse the Formula excluded Like Incapacity on Candidates not at this Time capable by the Laws of Scotland Stat. 6. An. c. 7. and Protestant excluding all Papists or such who being suspect of Popery refuse to swear and subscribe the Formula contained in the third Act made in the 8th and 9th Sessions of King William's Parliament in Scotland nor shall be capable to be elected to represent 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 be elected as Commissioners for Shires or Boroughs to the Parliament of Scotland A like Clause for incapacitating Persons to be elected c. Members of Parliament and likewise for incapacitating Members of Parliament with like Restrictions Exceptions and Penalties throughout the united Kingdom as are contained in the Statute 4 5 Annae c. 8. relating to Candidates and Members for the Parliament of England And further Candidates disabled to be elected or Members to sit c. in the Parliament of England under like Disabilities as to any Parliament of Great Britain That every Person disabled to be elected or to sit or vote in the House of Commons of any Parliament of England shall be disabled to be elected or to sit or vote in the House of Commons of any Parliament of Great Britain Except the present Commissioners for disposing the Equivalent by the present or any other Commission That every Person who shall refuse to take the Oath of Abjuration St. 6 Ann. c. 23. Candidates or others may require the Sheriff President of the Meeting c. on the Poll at any Election of Members in
Great Britain or of Commissioners for choosing Burgesses in Scotland to administer the Abjuration upon Oath or Affirmation to Quakers and Electors refusing it incapable to vote or being a Quaker shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act of Parliament made 7 W. 3. to be administred by the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members to serve in the House of Commons for any Place in Creat Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present shall not be capable of giving any Vote for any Election of any such Member to serve in the House of Commons for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland That no Register for the Registring Memorials of Deeds St. 6 Ann. c. 35. The Register for the East-Riding of Torâ—shire c. or his Deputy incapacitated Conveyances Wills c. within the East-Riding of the County of York or the Town and County of Kingston upon Hull or his Deputy for the Time being be capable of being chosen a Member to serve in Parliament Vide ante 212. That no Person shall be capable to sit or vote as a Member of the House of Commons St. 9 Ann. Persons incapacitated to sit or vote in the House of Commons who have not an Estate Freehold or Copyhold for Life or greater in England of 600 l. for a Knight of the Shire manfully and 300 l. for a Citizen Burgess c. and if any such elected c. the Election c. void for any County City c. within that Part of Great Britain called England c. who shall not have an Estate Freehold or Copyhold for his own Life or for some greater Estate either in Law or Equity to his own Use in Lands Tenements or Hereditaments above what will satisfy and clear all Incumbrances within that Part of Great Britain called England c. of the annual Value of six hundred Pounds above Reprizes for every Knight of a Shire and of three hundred Pounds above Reprizes for every Citizen Burgess c. And if any Persons elected or returned to serve in any Parliament as a Knight of a Shire or as a Citizen Burgess c. shall not at the Time of such Election and Return be seized of or intituled to such an Estate before required such Election and Return shall be void Nothing in this Act contained shall extend to make the eldest Son or Heir Apparent of any Peer or Lord of Parliament Eldest Son or Heir Apparent of a Peer or Person qualified to serve as a Knight of a Shire excepted Universities in England also excepted or of any Person qualified by this Act to serve as Knight of a Shire uncapable of being elected and returned and sitting and voting as a Member of the House of Commons Nor extend to either of the Universities in that Part of Great Britain called England but that they may elect and return Members to represent them in Parliament as heretofore they have done No Person shall be qualified to sit in the House of Commons No Person qualified by Virtue of a Mortgage unless in Possession of the mortgaged Premisses for seven Years before his Election by virtue of any Mortgage whereof the Equity of Redemption is in any other Person unless the Mortgagee shall have been in Possession of the mortgaged Premisses for seven Years before the Time of his Election Every Person except as aforesaid who shall appear as a Candidate Candidates to be sworn to their Estates if required by any other Candidate or two Electors or shall by himself or any others be proposed to be elected shall upon Request at the Time of such Election or before the Day to be prefixed in the Writ of Summons for the Meeting of the Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having Right to vote at such Election take a Corporal Oath in the Form in this Act contained which see ante The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff Before the Sheriff or other Officer by whom the Poll is to be taken or Return made or 2 or more Justices of the Peace The Election and Return of Candidates refusing to take the Oath void for any County or by the Mayor Bailiff or other Officer or Officers for any City Burrough 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 if any of the said Candidates c. shall wilfully refuse to take the Oath the Election and Return of such Candidate or Person shall be void That from and after the Determination of this present Parliament 2 St. 12 Ann. No Conveyance or Right whereon Infeoffment is not taken and Seisin registred a Year before the Teste of the Writs shall intitle the Person to be elected in any Shire or Stewartry in Scotland The like as to Inoffments not taken a Year before the Date of the Warrant for a new Writ during 〈◊〉 Continuance of a Parliament Any Elector present suâ—pecting Persons to have Estates in Trust may require the Praeses of the Meeting to swear such to their Estates no Conveyance or Right whereupon Infeoffment is not taken and Seisin registrated one Year before the Teste of the Writs for calling a new Parliament shall upon Objection made in this Behalf intitle the Person so infeost to be elected at that Election in any Shire or or Stewartry in Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoever 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 intitle the Person so Infeoft to be elected 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 Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained intituled The Form of the Freeholders c. Oath to be taken upon Objection made by Stat. 12. Annae and is the same mutatis mutandis to any Elector and the said Praeses is required to administer the same In case such Elector Electee Q. refuse to Swear On Refusal to swear and subscribe the Oath incapable to be elected Stat. 1 G. 1. c. 13. and also to subscribe the said Oath such Person or Persons shall not be capable of being Elected at such Election That after the 29th of September 1715 no Person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or
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
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