de Concilio tempore Parliamenti pro Reditu unius Domus in London Rex respondet non videtur honestum quòd illi de Concilio suo di stringantur Tempore Parliamenti sed alio Tempore c. Bogo de Clare and the Prior of Trinity Ibid. Townso Col. 255. Sir Simon d'Ewe's Jour 655. Col. 1 flys he was fined 20000 Marks 4 iust 24. for serving a Citation on the Earl of Cornwall in the Time of the Parliament committed to the Tower and Bogo at whose Procurement it was done fined in two thousand Marks to the King and a thousand Pounds to be paid to the Earl And yet the serving of the said Citation did not arrest or restrain his Body and the same Privilege holdeth in Case of Subpoena or other Process out of any Court of Equity Rex mandavit Justiciariis suis ad Assisas Ibid. c. quod super sedeant captioni corundem ubi Comites Barones alii Summoniti ad Parliamentum Regis sunt Partes quamdiù dictum Parliamentum duraverit A Citation shall not be served on any Member Ibid. Vid. Sir Sir Simon d'Ewe's Jour 435. Col. 1. Ibid. Scobol 110. Vid. Sir Simon d'Ewe's Jour 249. Col. 2. nor Subpoena Divers Persons committed to Prison for serving a Citation on John de Thorsby Clerk of the Parliament 22 Febr. 6 Ed. 6. Ordered If any Member require Privilege for himself or his Servant upon Declaration thereof to the Speaker he shall have a Warrant sigu'd by the Speaker to obtain the Writ 22 Martii Scobel 110. 18 Jac. 1. It was resolved That no Protection under any Man's Hand of this House is good 29 Jan. 1557. Id. 89. 4 5 Ph. Mar. Thomas Ennys Burgess for the Borough of Thrusk complained that a Subpoena was delivered him to appear in Chancery and required the Privilege of the House whereupon Sir Clement Higham and Mr. Recorder of London were sent to the Lord Chancellor to revoke the Process 27 Eliz. One Kyrl having caused a Subpoena out of the Star-Chamber to be served on a Member of the House of Commons and for want of Appearance Id. 90. Vid. Towns Col. 213. Sir Simon d'Ewe's Jour 438. Col. 1 2. taken out an Attachment and inforced the Payment of Money to discharge the same the said Kyrl was committed till he had paid Costs to the Party served and made a Submission to the House on his Knees at the Bar. 15 Maii 1604. Scobel 90 The Serjant was sent to attach the Body of one who served a Subpoena on the Person of Sir Robert Needham a Member 7 May 1607. Ibid. The Serjeant was sent for Edward Throgmorton for serving a Subpoena on Sir Oliver Cromwel 14 Maii 19 Jac. 1. Id. 91. 1. Upon Complaint of the Service of a Subpoena on a Member of this House Sir Edward Coke vouched a Precedent 10 Ed. 3. That a Subpoena being served on the Clerk of this House the Party was committed for breaking the Privilege of this House 4 Maii 1607. Ibid. A Subpoena out of the Exchequer being served on Sir R. Pawlet a Member the House granted Privilege and ordered the Serjeant by his Mace to attach the Parties delinquent and to bring them to the Bar to receive the Judgment of the House And the next Day Mr. Speaker writ a Letter to the Lord Chief Baron That no further Process do issue against the said Sir R. Pawlet 3 Dec. 19. Ibid. Jac. 1 Upon occasion of a Subpoena served on Mr. Brereton it was agreed by the whole House That the serving of a Subpoena upon a Member of this House knowing him to be a Parliament-Man is a Breach of Privilege and Napper who served the Subpoena was committed 39 Eliz. Mr. Combs and Mr. Henry Powle Towns Col. 109. Vid. Sir Simon d'Ewe's 546. Col. 2. Members of this House being served with a Subpoena ad testificandum by Mrs. Ann Wye the Serjeant of the House was ordered to bring in the said Ann to appear in this House to answer the Contempt 43 Eliz. 1601. Id. 212 213 214. A Subpoena ad testificandum served on Mr. Johnson and other Members Agreed That the Serjeant be sent to arrest all those to appear that had procured the Subpoena to answer their Contempt with all Speed 44 Eliz. 1601. Id. 246. Sir Simon d'Ewe's Jour 651. Col. 1. Id. 257. Sir Edmond Morgan a Member of this House was served with a Subpoena at the Suit of one Lemney who was sent for by the Serjeant And because Christopher Kennel who served it professed Ignorance he was only adjuged to three Days Imprisonment in the Custody of the Serjeant and to pay his Fees The same Order with William Mackerless Ibid. Vid. Sir Simon d'Ewe's Jour 656. who served a Subpoena on Mr. Pemberton a Member at the Suit of one Mackerness 44 Eliz. 1601. Mr. Philips Col. 1 2. Sir Simon d'Ewe's Jour 655. Col. 1 2. a Member of the House was served with a Privy Seal out of the Court of Wards by one Thomas Dean Servant to Mrs. Chamberlain a Widow The House ordered that she and her Servant should be sent for by the Serjeant Vide plus de hi Sir Simon d'Ewe's Journal 637. alibi passim 33 Eliz. The Sheriffs of London were fined by the Commons Scobel 92. and sent to the Tower for not delivering a Burgess arrested for Debt sitting the Parliament 6 April 1593. The Serjeant at Mace Id. 921 Vide Sir Simon d'Ewe's Jour 519. who arrested Mr. Neal a Member upon on Execution and Weblyn at whose Suit he was arrested were brought to the Bar and both committed Prisoners to the Tower and the Serjeant at Arms attending this House was ordered to deliver them over to the Lieutenant of the Tower 13 Maii 1607. Ibid. Nicholas Allen an Attorney and Palmer at whose Suit Mr. Martin a Member was Out-law'd ordered to be sent for by the Serjeant and brought to the Bar to answer their Contempt An Attachment for Contempt being taken out of Chancery against Mr. Belingham Ibid. a Member the House ordered to have Privilege and a Letter to be sent to Mr. Evelyn one of the six Clerks to stay the Suit Upon a Writ directed to the Sheriff to levy twenty Pounds Issues upon Sir Robert Oxenbridge Id. 93. for Non-Appearance it was ordered That if the Issues were not discharged before that Night the Parties deliquent to be brought next Day to the Bar by the Serjeant 14 Maii Ibid. 1576. Sir Edward Montague a Member of the House was warned to attend a Trial in London which was to be had against him and was by Order of the House privileged and the Party that gave the Warning was summoned to appear at the Bar next Morning 21 Febr. 1588. Id. 94. Vide Sir Simon d'Ewe's Jour 436. Col. 1 2. Ordered That those Members of the House who have Occasion of Privilege Writs of Nisi priùs being brought against them do declare their Case to the Speaker who thereupon shall direct the Warrant of this
London 28 29 Eliz. 1586 Id. 397. Col. 1. resolved by the whole Body of the House That the discussing and adjudging of Differences about Elections only belonged to the said House That tho the Lord Chancellor and Judges were competent Judges in their proper Courts yet they were not Judges in Parliament 31 Eliz. 1588. Id. 451. Col. 1. Thomas Drury committed to the Serjeant's Custody was brought to the Bar and discharged paying his Fees for speaking Dishonourably of the Proceedings of the House 23 Eliz. 1580. Ibid. 283 Col. 1. A Member of the House stood Indicted of Felony Adjudged That he ought to remain of the House till he were Convicted for it may be any Man's Case who is Guiltless to be Accused and thereupon Indicted of Felony or a like Crime 18 Eliz. 1575. Petyt's Miscel Parl. 16.18 Edward Smalley was upon the Question adjudged by the House to be Guilty of Contempt and abusing the House by fraudulent Practise of procuring himself to be Arrested upon Execution of his own Assent and Intention to be discharged as well of his Imprisonment as of the said Execution And Matthew Kirtleton adjudged Guilty of Confederacy with the said Smalley Whereupon they were both Ordered to the Tower And the said Smalley to remain there for a Month and after till he gave sufficient Assurance for Payment of a hundred Pounds to the Creditor and forty Shillings for the Scrjeant's Fees 4 Ed. 6. Criketoft Id. 96. for the confederating in the Escape of one Floyd was committed to the Tower and afterwards difcharged paying his Fees 1 Jac. 1. Id. 98. Bryan Tash a Yeoman of his Majesties Guard for keeping the Door of the Lobby of the upper House against several Members of the House of Commons brought to the Bar of the House and upon his Submission and Confession of his Fault dismissed paying the ordinary Fees to the Clerk and Serjeant 20 Jac. 1. Id 104. Dr. Harris for mis-behaveing himself in Preaching and otherwise with respect to Election of Members of Parliament call'd to the Bar as a Delinquent and admonish'd to confess his Fault there and in the Country and in the Pulpit of his Parish Church 3 Car. 1. Mr. Burgess a Minister Id. 104.105 for abusing his Function in the Duty of Catechising c. sent for by a Messenger commited to the Tower and upon humble Submission deliver'd In the same Parliament Id. 105.106 Sir William Wray Mr. Langton Mr. John Trelawny and Mr. Edward Trelawny Deputy Lieutenants for Cornwal for assuming to themselves a Power to make Knights of the Shire defaming such as stood to be chosen sending for the Train'd Bands menacing the Country c. were committed some to the Tower some to the Serjeant till they made a Submission and Recognition in the House and in the Country In the same Parliament One Levet Id. 106.107 for peremptorily exercising a Patent in Time of Prorogation which was adjudg'd a Grievance by the House in the last Session order'd to be sent for by the Serjeant at Arms. As to the Powers exercised by the House of Commons Anno 1640 in restraining the Excesses of Episcopal Jurisdiction and redressing other Grievances arising from Ecclesiastics See Mr. Tindal's Translation of Rapin vol. 2. pa. 361.363 c. CHAP. VIII Of the Power of the House of Commons over their own Members See the precedent Chapter p. 130 132. Scelel 72 THO' Freedom of Speech and Debates be an undoubted Priviledge of the House yet whatsoever is spoken in the House is subject to the Censure of the House and where they find cause Offences of this kind have been severely punish'd by Calling the Persons to the Bar to make Submission Committing him to the Tower the usual Prison to which the Commons do send Delinquents expelling the House disabling him to be a Member during that Parliament and sometime of any suture Parliament 17 Maij 1572. Ibid. Vide d'Ewes Jour 212. Vid. Petyts Misceell Parl. 12 13 c. Upon sundry Motions made by divers Members of the House it was ordered That Arthur Hall Esq for sundry Speeches used by him in the House and abroad should be warned by the Serjeant to be at the House on Monday following and at the Bar to answer Matters charged against him and all such Persons as had noted his Words either in the House or abroad were forthwith to meet and set down the same Words in Writing and deliver the same to the Speaker On Monday Mr. Hall being brought to the Bar by the Serjeant was charged with several Articles and confessed his Folly and humbly submitted himself to the House and was remitted 8 Febr. 1585. Peter Wentworth Id 73. Vide Sir Simon d'Ewes Journal 244. Col. 1 Esq one of the Burgesses for Tregony in the County of Cornwal was for violence and wicked Words uttered by him in the House touching the Queen sequester'd and being brought to the Bar by the Serjeant to whom he was committed received this Judgment by the Mouth of the Speaker That he shou'd be committed close Prisoner to the Tower till the House take further Consideration concerning him 4 Febr. 1580. Id 74 75 Vide Sir Simon d'Ewes Jour 296 297 298. Vid. Petyts Miscell Par. a. p. 20 ad p. 63. Ante 71. 23 Eliz. Complaint was made in the House against Arthur Hall Esq spoken of before who had caus'd a Book to be Printed wherein were published the Conferences of the House and in it was contained Matter of Reproach against some particular Members of the House derogatory to the General Authority Power and State of the House and prejudicial to the Validity of the Proceedings of the same The Matter was referr'd to a Committee to examine and upon Report thereof and bringing Mr. Hall to the Bar several Times to Answer he was sentenced by the House to be committed to the Tower as the Prison to this House there to remain for the space of six Months and so much longer as until he shou'd himself willingly make a Retraction of the said Book to the satisfaction of the House or of such Order as the House shou'd make during that Session That the said Arthur Hall shou'd be fined to the Queen Five hundred Pounds for his said Offence That he shou'd be presently severed and cut off from being a Member of this House during this Parliament and a Writ to Issue for Election of a new Burgess for the Borough of Grantham in his stead Vide post 143. and Bohun's Coll. That the said Book shou'd be deemed and adjudged False and Erroneous Thereupon the said Mr. Hall was brought to the Bar to whom Mr. Speaker in the Name of the whole House pronounced the said Judgment in Form aforesaid and the Serjeant was commanded to take Charge of him and to convey him to the Tower and deliver him to the Lieutenant of the Tower by Warrant of this House to be signed by the Speaker Note Ibid. It appeareth by the Journal 21 Nov. 1586. That he
Parliament began in October 28. Mor. rep 551. Sir Simon d'Ewes Jour 441 442. Moor 551. Eliz. and continued 'till the 29th Tho. Egerton Solicitor General was by Writ commanded to attend in Parliament upon the Lords in the upper House and after he had attended there three Days he was chosen a Burgess for Reading in Com. Berks and upon the Return of him the Commons went to the House of Lords and demanded that he might be dismissed from further attendance there and come into their House But upon Consultation and Defence made by himself the Lords retain'd him and the main Reason was because they were first posessed of him And in 5. Mor. ut Sup. Simon d'Ewes Jour 121 Col. 1 2. Eliz. Ouslow being a Member of the lower House upon a Prorogation of Parliament was made Solicitor General and when the Parliament met again he was commanded by Writ to attend the Lords House tho' chosen Speaker of the House of Commons but the Commons demanded him and it was granted because he was a Member of the lower House first so that this was the difference between his Journ Dom. Co. 21. Jac. 1.10 Martij Vid. Petyts Miscell Parl. 174. and the case above Sir Dudley Diggs said that in that Parliament when Bacon Attorney was in Question whither he ought to sit in the House of Commons or no twas over-ruled he ought not but yet in favour of him he was suffered to sit there and an Express order was made that never any other Attorney after should So careful were our Ancestors not to admit any to be a Representative of the People who was a Dependant on or could be influenc'd by the Court c. 18 Eliz. 1585. Concluded by the House Sir Simon d'Ewes Jour 249. Col. 1. that Mr. Serjeant Jeffreys being one of the Knights returned for Sussex may have Voice or give his Attendance in this House as a Member of the same notwithstanding his Attendance in the Upper House as one of the Queen's Serjeants for his Counsel there where he hath no Voice indeed nor is any Member of the same 23 Eliz. 1580. Popham Solicitor General Id. 281. Col. 1. upon demand made by the House was restored to them by the Lords beause he was a Member of the House of Commons and they possessed of him before he was Solicitor or had any Place of Attendance in the Upper House No Sheriff shall be chosen for a Knight of Parliament nor for a Burgess why Book of Entr. 41.1 Crompton's Jur. 3. 4 Inst 48. because nominated by the Crown 1. Car. 1. The Sheriff of the County of Buckingham was chosen Knight for the County of Norfolk and return'd into the Chancery and had the Priviledge of Parliament allow'd to him by the Judgment of the whole House of Commons Vide de hoc Pro Con Sir Simon d'Ewes Journal 38 436 624 625. 1 Jac. 1. Scobel 96. Sess 2. Sir John Peyton Kt. returned the last Session and since chosen Sheriff Resolv'd upon the Question that he shall attend his Service here The Personal Residence and Attendance of Sheriffs is required within their Bailywicks Rush Coll. vol 1.684 685. during the time of their Sheriffwick Mr. Walter Long being Sheriff of Wilts was after chosen Citizen for Bath and for that Offence was committed and fined viz. because he sate and served in Parliament Sir Andrew Noel Touns Col. 185. Vid. de hoc Sir Simon d'Ewes Jour 38. Col. 1 2. 624. Col. 2. Kt. Sheriff of Rutland returned himself Knight and adjudged a void Return and a Warrant ordered for a new Election For said Serjeant Harris we know in Law that a Man cannot make an Indenture to himself no more can he here between himself and the County for there are required two Persons Yet Sir Edward Hobby said That the House might well receive him and vouched a Precedent when the Bailiffs of Southwark returned themselves Burgesses and were received See also Bohun's Collection 81.143.153.188.243.253.254 The Fee for the Knight of any County is four Shillings per Diem England and every Citizen or Burgess is to have two Shillings per Diem 4 Inst 46. Where one Person is chosen and returned to serve in several Places Scobel 18. Vide Sir S. d'Ewe's Jour passim it is in his Election to make his Choice in the House in his own Person for what Place he will serve and wave the other Election so as a Writ may issue for a new Election that the Number may be full No Tallage or Aid shall be taken or levied by Us or our Heirs St. So. E. I. c. 1. Of the Elected vide ante 14.21 in our Realm without the Goodwill and Assent of Archbishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land The King wills and commands Stat. 5. R. 2. c. 4. Persons and Commonalty summoned to attend c. as of old and it is assented in Parliament by the Prelates Lords and Commons That all Persons and Commonalties which shall have the Summons of Parliament shall come to the Parliaments in the Manner as they are bound to do and have been accustomed within the Realm of England of old Times And if any Person of the same Realm Knights Citizens and Burgesses absenting to be a merced and punish'd as in Old Times which shall have the said Summons be Knight of the Shire Citizen of City Burgess of Borough or other Person Commonalty do absent himself and come not at the said Summons except he may reasonably England and honestly excuse him to our Lord the King he shall be amerced and otherwise punished as in old Times hath been used c. That Knights of Shires which shall be chosen in every Shire St. 1. H. 5. c. 1. Knights of Shires to be elected of such only who reside within the Countries at the Dat. of the Writ be not chosen unless they be resident within the same Shire the Day of the Date of the Writ of Summons And that the Citizens and Burgesses of the Cities and Boroughs be chosen Men Citizens and Burgesses to reside in and be free of the Cities and Boroughs Citizens and Burgesses resient dwelling and free in the same Cities and Boroughs and no other in any wise That such as have the greatest Number of them that may expend 40 s. by the Year Knights of Shires shall be such as have the majority of those that can expend 40 sa Year or more and be resident and above shall be returned Knight of the Shire c. and that they which shall be chosen shall be dwelling and resient within the same Counties Ordained St. 23. H. 6. c. 15. Citizens and Burgesses only to be elected by Citizens and Burgesses and the Sheriff to direct his Precept accordingly c. That every Sheriff after the Delivery of any Writ of Election to him shall make and deliver without Fraud a sufficient Precept under his Seal to every Mayor and Bailiff or to Bailiffs or Bailiff where no Mayor
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
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