Great Britain.

Laws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters online

. (page 4 of 24)
Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 4 of 24)
Font size
QR-code for this ebook


Judges at Wejlminfier. 2. The fecond Objeftion upon the
Nolumus was inforced, as being a Claufe and Words of Sub-
flance, not of Form ; and cenrtantly ufed, and obferved fince
46 Ediv. 3. that Things long fettled are not to be ftirred. That
there are divers Precedents where Sheriffs, being elefted Par-
liament-Men, have been refufed to be admitted, and new elec-
tions ordered ; as Sir Andrew Noel's Cafe, and Sir George Sel-
iye% Cafe ; the Cafe of Mayors of Towns, and others. To
this was anfweivd, th3t Sir Andrew Noel was chofen for the
fame County, whereof he was Sheriff; and Sir George Selby
was Sheriff of Inheritance in another County. That as fome
Sheriffs ha"e been excluded, fo others have been admitted;
and this Ordinance being no Aft of Parliament, the Nolumus*
m purfuance of it doth no: bind as a Law, and the longer it

hath



( 29 1

JurifdicYiOns, as being Returning Officers. Hale of
Pari. 114. 4 Inft. 48. contra as to Mayors.

A Mayor's making himfelf a Burgefs of Parlia-
ment, and fitting as fuch is contrary to an exprefa
Order made the laft Parliament, on a long and full
Debate, that no Mayor of any Town mould ferve
as a Member of any Town, becaufe, by his Ab-
fence, the Government of the Town could not be
16 well provided and kept ; and alfo for that ic
lieth often in the Power of a Mayor, by a Faction,
(whilft he is in fuch Authority) to make himfelf a
Burgefs of Parliament without the free Election of
the Commons, which is contrary to the Liberty of
every Freeman of any Corporation. Debates of the
Commons , Oxf. edit. 17 66. p. 213.

A Man of the Law following Bufinefs in the
King's Court, fhall * not be elected for Counties.

The King's Attorney-general mall never ferve,
although he be returned Knight of any Shire, or
Burgefs of any Town. Debates of the Commons,
Oxf. edit. 1 7 66. p. 26.

All under the Degree of a Peer may be elected.
4 Inft. 47. As the Heir Apparent of a Peer. 4
Inft. 48. Bro. Abr. Tit. Pari, contra.

Sir Edward Coke faid, that thole who were em-
ployed abroad, as AmbafTadors, &c. were without
Queftion eligible, though abfent when they were
chofen; for Abfent i a ejus, qui Reipublica Caufd abeft,

hath continued, the more injury hath been done to the Right*
of the People, and to the Privilege of Parliament ; which can-
nut be bound, but by a Law to which themfelves content ; and
that was not had, either to this Ordinance, or to the Nolumus.
2 Mar. tVbitel. on Govern, cbap. 100. fol. 367. See Debates of
tbe Commoni, Oxf. edit. 1766. /. 213. A SherifFof one County,
amy bz elected in another. 4 Com. D g. 287. 4 lift. 48.

** Cot. abr. Pteef. 7. But Lord Coke fays, that every one pr»-
feffing or praciifing the Common Law, though there was. an
Ordinance of the Peers ia Parliament 46 Edw. 3. contra, may
b* ckaed. 4 Inft. 48.

non



( 30 j

ionaheft. Delates of t be Commons, Oxf. edit, 1766;
p. SO.

The King by his Charter cannot exempt a Mart
from being elected, for fuch Charter of Exemption
is void; 4 Infi. 49.

By Stat. 23 Hen. 6. c. 14. feff. 3. " If any
Knighr, Citizen, or Burgefs, returned by the She-
riff, fhall after fuch Return be put out, and an-
other put in his Place, fuch Perfon fo put in the
Place, if he take upon him to be Knight, Citizen,;
or Burgefs at any Parliament, mail forfeit to the
King one hundred Pounds and one hundred
Pounds to the Knight, Citizen, or Burgefs re-
turned by the Sheriff, and put out •, and the
Knight, Citizen, or Burgefs, fo put cut fhall have an
* Action of Debt for the fame one hundred Pounds
againft fuch Perfon put in his Place, his Executors
or Adminiftrators."

By Stat. 5 IV. J& M. c. j.fecf. 57. " No Mem-
ber of the Houfe of Commons mall be concerned*
or any other in Truft for him, ih the collecting or
making any of the Duties granted by this Act,
viz. Duties on Salt and an additional Excife, or that
fhall be granted by any other Act of Parliament 5
except the Commiffioners of the Treafury, and the
Officers and Commifiloners for managing the
Cuftoms and Excife, pot exceeding the prefent
Number.'*

By Stat. 1 1 &? 12 W. 3. c. i.fett. 150. 12 C5* 13
tV. 3. c. \o.fitt, 89, " No Member of the Houfe
of Commons fhall be capable of being a Commif-

* Mud begin his Suit within three Months after the Parlia-
ment commenced ; and if he do not, than he that will fue,(hali
fhall have an Action of the Debt of the fame one hundred Pounds j
againlt him, whj;h is put in Place of him that is put out after
Return, his Executors, or Adminiftrators ; and I'uch Procefs
Ihall be in the Actions aforefaid, as in a Writ of Trefpafs againft
the Peace at Common Law. Se8. 3.

fioncr



I » 1

fioner or Farmer of the Duty of Exclfe upon Beeri
&c. or a Commiflioner for Appeals concerning the
faid Duty, or controlling or auditing the Account
of the faid Duty, or of holding in his Name, or im
Truft for his Ufe, any Office or Employment
touching the fanning, collecting or managing, the
faid Duty."

By Sett. 151. and 12 &? \^W. 3. c. 10. feci. 90.
" If any Member of the Houfe of Commons mail
enjoy, or execute any Office or Employment touch-
ing the farming, managing or collecting, the faid
Duty, or determining Appeals, or controlling or
auditing the Accounts of the fame, fuch Perfon is
declared incapable of fitting, voting or acting, as
a Member of the Houfe of Commons in fuch Par-
liament."

By Stat. 13 W. 3. c. 6. feci. 10. and 1 Geo. StaK
1. c. 13. feci. 16. " No Peer of this Realm (hall
vote or make his Proxy in the Houfe of Peers, or
fit there during any Debate, nor any Member of
the Houfe of Commons mall vote in that Houfe,
or fit there during any Debate, after their Speaker
is chofen, until fuch Peer or Member mall take
and fubfcribe the Oath * of Abjuration."

By Stat. 13 W. 3. c. 6. feci. 11. and 1 Geo. Stat.
i.e. 13. feet. 17. *• If any Peer or Member of the
Houfe of Commons fhall vote, or make his Proxy,
not having taking the Oath and fubferibed the
lame, fuch Peer or Member fhall be adjudged a
Popijh f Recufant Convict ', and (hall be difabled to

• By Stat. 13 W. 3. t. b.fea. 10. " The Oath fhall be made
and fubferibed between nine in the Morning and four in the
Afternoon, by every Peer at the Table in the Middle of the
Houfe, before he takes his Place, and whilft a full Houfe is
there, wich their Speaker in his Place ; and by every Member of
the Houfe of Commons, at the Table in the Middle of the
Houfe, and whilfta full Houfe is there fitting, with their Speaker
in the Chair. For the Form, fee Appendix, N°. VII.

-f* To be a Rtcu/ant, doth not neceffarily imply the being a
?«pifti but a Rtcufani is any Perfon who refufes to go to Church,

and



( 3* i

hold any Place of Profit or Truft, civil of military
or to fit or vote in either Houfe of Parliament, or
make a Proxy in the Houfe of Peers, or to fue any
Action at Law, or to profecute any Suit in Equity,
or to be Guardian of any Child* or Executor or"
Adminiftrator of any Perfon, or capable of any
Legacy or Deed or Gift, and fhall forfeit five
hundred Pounds, to be recovered by him who
/hall fue for the fame, in any Court of Record at
JVejlminjler"

By Stat. 2^3 An. c. 4. fefl> 22* 6 Am c. 35*
fs£i. 32. 7 An. c. 20. fett. 21. 8 Geo. 2. c. 6. feft*
37. " No Regifter or his Deputy, fhall be capa-
ble of being cholen a Member of Parliament."

By Stat. 6 Am c. j.feft. 25. '* No Perfon who
fhall have in his own Name, or in Truft for him*
any new Office or Place of Profit under the Crown,
which fince the twenty-fifth of OElober One thou-
sand Seven hundred and Five, have been created,
or hereafter fhall have been created, nor any Per^
fon who mall be a Commiflioner or Sub-commif-
ficner of Prizes, Secretary or Receiver of Prizes,
nor any Controller of the Accompts of the Army,
nor any Commiflioner of the Tranfports, nor any
Commiflioner of the Sick and Wounded, nor any
Agent for any Regiment, nor any Commifli-
oner for Wine Licences, nor any Governor or
Deputy Governor of the Plantations, nor any
Commiflioner of the Navy employed in the Out-
Ports, nor any Perfon having any Penfion from
the Crown during Pleafure, fhall be capable of
being elected, or of fitting or voting as a Member
of the Houfe of Commons."

.and worfhip God, after the Manner of the Church of England,
a Popiji Recufant, is a Papi/i who io ref jfith ; and a Popiffy Re-
cufant Conmia, is a Pnpijb legally convicted thereof. Many
Authors who have wrote on this Subject, not attending to this
Diftinclion, have fallen intoConfcficn.

B*



( S3 )

By Seel. 26. " If any Perfon being chofen a
Member of the Houfe of Commons, lhall accept
of any Office of Profit from the Crown, his Elec-
tion mail be void, and a new Writ lhall ifllie for
a new Election j provided that fuch Perfon fhall
be capable of being again elected."

By Sett. 28. " Nothing herein mall extend to
to any Member of the Houfe of Commons, being
an Officer in the Navy, or Army, who fhall receive
any new Commifiion in the Army or Navy."

By Sect. 29. " If any Perfon hereby difabled to
fit or vote in Parliament fhall be returned for any
County, 13c. fuch Election and return are declared
to be void ; and if any Perfon difabled by this Act
fhall fit or vote as a Member, fuch Perfon fhall
forfeit five hundred Pounds to be recovered by
fuch as fhall fue for the fame in England"

All the foregoing Clatifes in this Act were enacted
before the Union by 4 ci? 5 Ann c. 8.

By Stat. 9 Ann c. 5. feci. 1. " No Perfon fhall
be capable to fit or vote as a Member of the Houfe
of Commons for any County, City, Borough or
cinque Port, within England, Wales and Berwick,
who fhall not have an Eflate, Freehold or Copy-
hold, for his own Life, or fome greater Eflate in
Law or Equity for his own Benefit, in Lands or
Hereditaments, over and above what will clear all
Incumbrances that may affect the fame, within
England, Wales, and Berwick, of the refpective an-
nual Value hereafter limited, viz the annual
Value of fix hundred Pounds for every Knight of
a Shire, and of three hundred Pounds for every
Citizen, Burgefs, or Baron, of the cinque Ports \
and if any Perfon who fhall be elected or returned,
as a Knight, Citizen, Burgcis, &c. fhall not at the
Time of fuch Election and Return be feized of, or
intitled to, fuch Eflare, fuch Election and Return
lhall be void."

D By



C 34 )
By $t&. 2. u Nothing in this A61 rtiall make the
eldcft Son, or Heir Apparent of any Peer, or of
any Perfon qualified to ferve as Knight of a Shire,;
uncapable of being elected."

By Seel. 3. " Nothing in this Act fhall extend 1
to either of the Univerfities."

By Seft: 4. " No Perfon fhallbe qualified within
the Meaning of this Act, by Virtue of any Mort-
gage, whereof the Equity of Redemption is in any
other, unlefs the Mortgagee mall have been in Pof-
feflion feven Years before his Election. "

By Seel. 5. " Every Perfon,. except as aforefaid,,
■who fhall appear as a Candidate, or be propofed to-
be elected,, fhall, upon reafonable Requeft (at the
Time of fuch Election, or before the Day prefixed
in the Writ of Summons) by any other Candidate*
or by any two Perfons having Right to vote at
fuch Election, take the Oath in Appendix, N°.
XVIL

By- Seel. 6. " In cafe fuch Candidate is to ferve
for any City, Borough or cinque Fori, then the
Oath {hall relate only to the Value of three hun-
dred Pounds per Annum"

By Seel. 7. " The Oath aforefaid may be admi-
niftered by the Sheriff or Under - fheriff for any
County, or by the Mayor, Bailiff, or other Officer,
for any City, Borough or Port, to whom it fhall:
appertain to take the Poll, or make the Return,
or by any- two Juftices of Peace within England^
Walesa and Berwick ; and the faid Sheriff, £sfa..
who fhall adminifter the Oath, are required to cer-
tify the taking thereof into Chancery or the £>ueen's-
Bench, within three Months, under Penalty of one
hundred Pounds, one Moiety to the Queen, and
the o:her Moiety to fuch as will fue for the fame,
to be recovered with Cofls in any of her Majefty's
Courts at Wefimwfter ; and if any of the Candi-
dates- fhall wilfully refufe to take the Oath, the
* Election.



C 35 )
Election and Return of fuch Perfon fhall be
Void."

By Seel. 8. " No Fee fhall be taken for admi-
niftring fuch Oath, or making or filing the Certifi-
cate, except one Shilling for adminiftring the Oath,
and two Shillings for making the Certificate, and
two Shillings for filing the fame, under Penalty of
twenty Pounds, to be recovered as aforefaid."

By Stat, i Geo. flat. 2. c. 56. feel. 1. "No Per-
fon having any Penfion from the Crown of any
Term of Years, either in his own Name, or in
Trull for him, fhall be capable of being elected a
Member of the Houfe of Commons."

By Seel. 2. " If any Perfon who fhall have fuch
Penfion, fhall prefume to fit or vote, he fhall for-
feit twenty Pounds for every Day in which he fhall
fit or vote there, to him who fhall fue for the fame
In any of the Courts at JVeJiminJier, with Cofts."

By 3 Geo. c. 8. feel. 43. " No Member of the
Bank, for any Thing in this Act contained, fhall
be difabled from being a Parliament Man."

By 3 Geo. c. 9. fell. y-. " No Governor, Sub-
governor, Deputy-Governor, or Member of the
South Sea Company^ by Reafon of his being a Mem-
ber of the faid Company, or of any Matter or
Thing in this Act contained, be now or at any
Time hereafter difabled from being or continuing*
or from being elected, or ferving as a Member of
Parliament. But fee 7 Geo. flat. 1. c. 28. fetl. 1.
for difabling Sub-Governors, &c. of the faid Com-
pany from fitting or voting in Parliament for the
future."

By Stat. 6 Geo. c. 18. fell. 10. " No Perfon who
.fhall be Governor, Director, or other Officer be-
longing to the Corporations for Infuring of Ships,
Use. fhall for that Caufe only be difabled from be-
ing a Member of Parliament."

D 2 By



( 3* J

By Stat. 15 &<?<?. 2. f. 22. y&7. 1. "No Perfon.
mall be a Commifiioner of the Revenue in Ireland,.
or Commifiioner of the Navy or Victualling Offices,
nor any Deputies or Clerks in any of the faid Offices,,
or in any of the Offices following, viz. the Office of
Lord High Treafurers, or the Commiffioners of the
Treafury, or of the Auditor of the Receipt of his Ma-
jefty's Exchequer, or of the Tellers of the Exchequer,.
or of the Chancellor of the Exchequer^ or of the Lord
High Admiral, or the Cojnmiffioners of the Ad-
miralty, or of the Paymafters of the Army, or of
the Navy, or of his Majefty's principal Secretaries
of State, or of the Commiflioners of the Salt, or of
the Stamps, or of Appeals, or of Wine Licences,
or of Hackney Coaches, or of Hawkers and Ped-
lars, nor any Perfons having any Office, civil oc
military, within the Ifland of Minorca^ or in Gib-
raltar, other than Officers having Commiflions in.
any Regiment there only, fhall be capable of be-
ing elected, or of fitting or voting as a Member of
the Houfe of Commons."

By Sect. 2. "If any Perfon hereby difabled fhall
be returned as a Member to ferve in Parliament, fuch
Election and Return are hereby declared void. And
if any Perfon difabled by this Act to be elected, fhall
prtfume to fit or vote as a Member of the Houfe of
Commons, he forfeits twenty Pounds for every Day
in which he fhall fit or vote in the faid Houfe, to fuch
Perfon who fhall fue for the fame in any Court at.
V/eftminfier ; and the Money fo forfeited fhall be re-
covered with Cofts by Action of Debt, &V. in which
no Eflbign, &t. fhall be allowed j and mall from,
thenceforth be incapable of taking or holding any
Office of Honour or Profit under his Majefty."

By Se£l. 3. " Nothing jn this Act fhall exclude
the Treafurer or Comptroller of the Navy, the Se-
cretaries of the Treafury, the Secretary to the
Chancellor of the Exchequer, or Secretaries of the

Ad ml-



( 37 )
Admiralty, the under Secretary to any oHus Wa-
jetty's principal Secretaries of State, or the Deputy
Paymaster of the Army, or to exclude any Perfon
having any Office or Employment for Life, or fer
fo long as he fhall behave himfelf well in his
Office."

By Star. ^^'Geo. 2. c. 20. feet. 1. " Every Perfon
(except as is herein after excepted) who fhall be
elected a Member of the Houfe of Commons, fhall
before he prefumes to vote in the Houfe of Com-
mons, or fit there during any Debate, after their
Speaker is chofen, deliver in to the Clerk of the
faid Houfe, at Table in the Middle of the Houfe,
and whilft the Houfe of Commons is there duly
fitting, with their Speaker in the Chair, an ac-
count * figned by fuch Member, containing the
Names of the Pari flies, Townfhips or Predn&s,
and of the Counties in which the Lands or Here-
ditaments lie, whereby he makes out his Qualifi-
cations, declaring the fame to be of the annual
Value of fix hundred Pounds above Reprizes, if a
Knight of a Shire ; and of the annual Value of
three hundred Pounds above Reprizes, if a Citi-
zen, Bufgefs, or Baron of the cinque P-orfs^ : and
fhall at the fame Time take and fubferibe the
Oath." N°. XVIII. of the Appendix.

And the Houfe of Commons is hereby impow-
•cred and required to adminitter the faid Oath and
Subfcription according to this Act to every Perfon
duly demanding the fame, immediately after fuch
Perfon fhall have taken the Oaths of § Allegiance
J Supremacy, and || Abjuration at the faid Table,

• For the Form fee Appendix, N°. XIX.

f This (omewhat balances the Afcendancy which the Bo-
roughs have gained over the Counties, by obliging th: trading
Jntereft to make Choice oflanded Men. Black, Com. 170.

§ See the Form in Appendix, N°. III.

J; Ibid. N\ IV. I Ibid. N°. Vil.

D 3 And



( 38 )

And the faid Oath and Subfcription fyall be enter-
ed in a Parchment Roll, to be provided by the
Clerk of the Houfe of Commons ; and the Ac-
counts fo figned and delivered to the faid Clerk
iliall be filed and kept by him.

By Sect. 2. "If any Perfon elected to ferve in
any future Parliament as a Knight of the Shire, or
as a Citizen, Burgefs, or Baron of the cinque Ports,
prefume to fit or vote as a Member of the Houfe
of Commons, before he has delivered in fuch Ac-
count, and taken and fubfcribed fuch Oath, or
fhall not be qualified according to 9 Ann c. 5. and
this Act ; his Election fhall be void, and a new-
Writ fhall be ifiued to elect another Member."

By Setl. 3. " Nqthing in this Act fhall extend
to the eldeft Son or Heir Apparent of any Peer, or
of any Perfon qualified to ferve as a Knight of a
Mhire, or to the Members for either of the Uni-
verfities in England) or to the Members for Scot*
landr

Bribery and Corruption.

The firft Inftance that occurs of Election Bribery,
\vas fo early as 13 E'iz. when one 'Thomas Longe
(being a Ample Man and of fmall Capacity to ferve
in ParKament) acknowledged that he had given the
returning Officer and others of the Borough of
JVeJlbury, four Pounds to be returned Member,
and was for that Premium elected. But for this
Offence the Borough was amerced, the Member
was removed, and the Officer fined and impriibn-
ed. But as this Practice hath fince taken much
deeper and more univerfal Root, it hath occafioned
the making of thefe wholefome Statutes •, to com-
plete the Erncacy of which, there is nothing want-
ing but Refolution and Integrity to put them in.
\\nct Execution. Bia k. Com. 173.



t 39 )

•By Stat. 7 W. 3. c. 4. feci. 1. "No Perfon T9
be elected to ferve in Parliament for any Place,
after the Tefie of the Writ of Summons, or after the
ordering of the Writs of Election upon the calling
of any Parliament, or after fuch Place becomes
vacant in Time of Parliament, fhall, before his
Election, give or allow to any Perfon having
Voice in fuch Election any Money, Meat, Drink,
Entertainment or Provifion, or make any Prefent,
Entertainment, or any Promife or Engagement,
to give or allow any Money, &V. to any fuch.
Perfon in particular, or to fuch Place in * general,
in order to be elected."

By Sell. 2. " Every Perfon [fo giving or allow-
ing, promifing or engaging, fhall be difabled
upon fuch Election to ferve in Parliament for fuch
Place."

By Stat. 9 Ann *. 5. feci. 5. * Every Perfon
who fhall appear as a Candidate, or be propofed to
be elected, mall, upon reafonable Requeft (at the
Time of fuch Election, or before the Day prefixed
in the Writ of Summons) by any other Candidate,
or by any two Perfons having Right to vote, at
fuch Election, take the Oath." N°. XVII. in the
Appendix.

By Seel. 6. " ?n cafe fuch Candidate is to ferve
for any City, Borough, or cinque Port, then the
Oath fhall relate only to the Value of three hun-
dred Pounds per Annum"

By Seel. 7. " The Oaths aforefaid may be ad-
miniftered by the Sheriff or Under-meriff for any
County, or by the Mayor, Bailiff, or other Officer,
for any City, Borough or Port, to whom it fhall
appertain to take the Poll, or make the Return, or
■by any two Juftices of Peace within England* Wales t

* Treating a Corporation on the Day of Eledlion is a Breach
Of -this Statute, a. Cm. Dig. 287.

D 4. and



C 40 )

and Berwick •, and the faid Sheriff, 13c . who fhall
adminifter the Oaths, are required to certify the
taking thereof into Chancery or the Queen's Bench
within three Months, under Penalty of one hun-
dred Pounds, one Moiety to the Queen, and the
other Moiety to fuch as will fue for the fame, to be
recovered with Colts in any of his Majefty's Courts
at Wefiminfier ; and if any of the Candidates fhall
wilfully refufe to take the Oath, the Election and
Keturn of fuch Perfon fhall be void."

By Seel. 8. " No Fee fhall be taken for admi-
niftring fuch Oath, or making or filing the Certi-
ficate, except one Shilling for adminiftring the
Oath, and two Shillings for making the Certifi-
cate, and two Shillings for Filing the fame, under
Penalty of Twenty Pounds, to be recovered as
aforefaid."

Subject to thefe ReftricYtons and Difqualifications,
every Subject of the Realm is eligible of common
Right. It was therefore an unconftitutional * Pro-
hibition, which was inferted in the King's Writs,
ior the Parliament holden at Coventry \ 6 Hen. IV.
that no -j* Apprentice or other Man of the Law

• "The Occafion of which was this, the King being in great
Want of Money, and fearing that if the Lawyers were Parlia-
ment Men, they would oppofc his exceflive Demands and hin-
der his i'legal Purpofes (according to their Knowledge and
"5. taming in the Laws, and public Affairs;) to prevent this, the
King iflued forth Writs of Summons with the above Prohihition
;n them. Befides this, there feems to have been a Difguft both
of the Commons 2nd of the great Men againtt Lawyers, as be-
ing an Hindrance to their Oppreffionc, by pleading the Right of
Law, on behalf of their Clients. z Mcr. Whiul. oh Govern.
tb*p. IOO. fd. 360, 361.

t Porlibly the Word apprentice of the Law may have bren
an erroneous Mantirr of filling up the Contraction ap. de la
L v, which meant appr'n de la Ley, or " learned and verfed
in the Laws," and rot apprentice de la Ley. — It is not probable
that the Law, which was fo liberally profeiTcd in England*
and which had fuch noble Eftabliihrnen;s ; according to For-.

t(j\uC\



( 4r ) .

fliould be elected a Knight of the Sh'we there-
in * ; in Return for which, our Law-books and
•f Hiftorians have branded this Parliament with the
Name of Parliamentum Indottum, or the lack-
learning Parliament •, and Sir Edward Coke obferves
with fome Spleen J, there was never a good Law
made thereat. Black. Com. 1 70.

3. T'be Marnier of &f Proceedings at Eleclions.

By Stat. 7 & 8 W. 3. c. 25. feci. 1. " When
any new Parliament mall be fummoned, there
(hall be forty Days between the Tejie and Re-
turn of the Writs of § Summons, and the Lord
Chancellor [| fhall iffue out the Writs for Election of
Members, with as much Expedition as may be. And
as well upon the calling a new Parliament, as in cafe
of Vacancy during Parliament, the Writs mail be

ttfcut\ Account fhould have borrowed, for one of their De-
grees in Science, a Term of Mechanics and Trade. Obferv. on
Stat. 215.

* Pryn. On 4 Inft. I 3 .

f Speed Hiji. Angi 458. //. 35. Walftngb. A. D. 140c.

t 4- !¥■ 48.

$ The Writ for Summons or Eleftion, (hall have no mate-
rial Alteration, or Addition, without Aft of Parliament, 4 left.
10. Before the Writ of Summons iffues, the King gives a
Warrant to the Chancellor, by Bill figned for iffuing the Writs,
V Ewes, Journ. 2. [for the Form of the Warrant, fee Appen-
dix, N°. I. of the Writ, N\ II.] If the Perfon elefttd dies, or



Online LibraryGreat BritainLaws concerning the election of members of Parliament : with the determinations of the House of Commons thereon, and all their incidents : continued down to the present time : the whole digested under proper titles : also an appendix of precedents, with a table of the principal matters → online text (page 4 of 24)