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 6 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 6 of 24)
Font size
QR-code for this ebook


of the Candidates or Perfons deputed by them, 'as

• Refufing or neglefting to take the Oath, or being 3
Qoaker, 'he Affirmation, makes the Poll or Vote of fuch Perfon
void, id ib.

\ See the Form of this Oath in the Appendix, N°. VII.

fhall



T 55 ) -
fhall defire the fame; and the Poll-books fhall not
be opened but at the Time and Place of Meeting-,
and after the Poll is finifhed, the Poll-books (hall,
within two Days be opened at the Place of Elec-
tion, and caftup; and within two Days after the
IN umbers of the Votes fhall be declared at the
Place of Election^ and if a Scrutiny be demanded,
it fhall be granted, and the Candidates fhall nomi-
nate to the prefiding Officers any Number of Per-
fons qualified to vote, not exceeding fix, to be
Scrutineers, to whom the prefiding Officers fhall
within fix Days, upon the Requeft and at the
Charge of the Candidates or Scrutineers, deliver a
Copy, figned by fuch Officers of the Poll •, aud tne
Scrutineers upon fuch Election fhall begin within
ten Days after the Delivery of the Copies of the
Polls, and be proceeded upon Day -by Day., and
lhall be finifhed within fifteen Days after com-
mencement ; and the prefiding Officers fhall with-
in four Days after the finifhing fuch Scrutiny de-
clare at the Place of fuch Election which of the
Candidates is duly elected, and the Number of
Jegal Votes for each Candidate ; and if the prefid-
ing Officer, or any other Perfon, fhall offend in
the Premifies, fuch Offender fhall forfeit two hun-
dred Pounds with Cofts, over and above all other
Penalties."

By SeCl. 5. " After any Election and Scrutiny,
the prefiding Officer fhall deliver under his Hand
a Lift of the Voters by him difallowed, to any
of the Candidates who fhall demand the fame,
within fix Days after fuch Demand, fuch Candidate:
raying for the fame, provided no fuch Lift fhall be
given in Evidence."

By Seft. 6. " The Mayor of London^ on Requeft
made by any Candidates or their Agents, at any
Elections of Citizens to ferve in Parliament, where
£ Scrutiny is granted, fhall iflue his Precepts, re-

E 4 quiring



( 56 )

quiring the Matters and Wardens of the Livery
Companies to cauie their Clerks to return two Lifts
of the Liverymen of their Companies; and the
Clerks lhall return fuch Lifts upon Oath within
thiee Days after the Receipt or fuch Precepts, one
of which Lifts the Mayor lhall deliver to the Can-
didates on each Side, or their Agents."

By Sea. 14. " No Perfon fhall have Right to
vote at any Election by the Liverymen, who have
not been upon the Livery twplve Kalendar Months,
and who fliall not have paid their Livery Fines, or
who fhall have received fuch Fines back again in
part or in all; or fhall have had any Allowance
in refpect thereof; and no Perfon fhall have a
Right to vote who have within two Year? next
before requefted to be, and have been difcharged
from paying Taxes, or have within that Time re-
ceived Alms?

By Seff. 20. <c All the Forfeitures hereby enact-
ed fhall be diftributed ; one Third to the King, one
Third to the Chamberlain for the Ufe of the City,
and the remaining Third to the Profecutor who will
fue within fix Kaleridar Months after the fame fliall
be incurred."

By Seff. 21." This Ad fhall be a public Aft."

4. The Return.

By Stat. 5 Ric. 2. fiat. 2. c. 4. « If any Sheriff
refufes the Return of Writs of the Parliament, or
leave out any Cities or Boroughs which of old
Times were worit to come to Parliament, he lhall
be punifhed as accuftomed."

If any Sheriff refufes the Return of the proper"
Officer, and accepts a Return by an improper Of-
ficer of the Corporation, it fhall be amended by the
Clerk of the Crown, oy Order of the Houfe to file
}he proper Return, and take the other off the File.

If



< 57 )

If he makes a double Return, and one is waived
and appears improper, it fhall be amended by tak-
ing it off the File. 4 Com. Dig. 290.

By Stat, j Hen. 4. c. 15. "After the Knights of
the Shires, the Names of the Perfons fhall be writ-
ten in an Indenture under the Seals of thofe who
did chufe them, and tacked to the Writ, which In-
denture fhall be the Return : and in the Writs of
Parliament this Claufe fhall be put ;" " And your
* Election in your full County -j- made, you
fhall without \ delay, diftinctly ||, and evenly cer-

• This Way of Elettion of new Members to ferve in Parlia-
ment, gives a Liberty to the People to chufe the fitted Perfons
to fcrve them ; and is a Spur to the Perfons elefted, to endea-
vour to perform the better Service, that they may continue in
the PavOur of their Countrymen. z Mor. Wbitel. on Govern,
{hap. •;. fol. 409.

f The Writ in this Place, faith only, in your full County,
but the Word " Court" is to be underflood, and fignified by
the Ufe of the Word ** County," in this Place. Mar. Wbitel. on
Govern, chap. 37. fol. 340. See 2 Mor. Whittl. on Govern, chap.
112. fol 411. Black. Com. 171.

% 2 Mor. Wbitel. chap. 104. fol. 378.
(I The Return of the Sheriff to be " diflinftly and openly*'
made : «' diftinclly," that it may be feen who are cholen for
the County, and who, for each diflinft City and Borough ; and
the Return is to be open, that the Names may be known, and
whether the Perfons chofen be returned, or not. That if they
who are duly chofen, be not duly returned, they may profecute
the Remedy given them by Law, for that Injury. And it is
neceffary, that the Return be open, becaufe upon Complaint
made to the Parliament of a falfe Return, the Houfe of Com-
mons doth often fend to the Clerk of the Crown in Chancery to
bring the Return of a County, or City, (as there is Occafion) to
the Houfe, where it is fometimes perufed at the Barr, or at the
Committee of Privileges ; and being found to be falfe, or mi-
•^ftak^n, tne Houfe many Times caukth the Return to be amend-
ed at the Barr, fitting at the Houfe ; and then it is a Record
. according to that Amendment. The having of it " openly,"
doth alfo agree with the Law of England, in other Cafes, that
Records are to be open for all to fearch and view, for all are
concerned in them ; and it is to be " open/' becaufe it is to
be tried only by itfelf. Co Lit. 117. b. 260. a. and they ad-
mit



( 5* )
xify * under your f Seal and the Seals of them J
who were concerned § ia that Election to us in

mit no Averrment, Plea, or Proof, to the contrary. The Re-
turn of the Sheriff is Part of a Record, and hath this Privilege,
for the Confequence of it, to be reckoned amongft our Records
of Parliament. 2 Mor. Whitel. on Govern. chap. 197. fol. 397.

* The •• Sheriff muft certify the King" of the Elections
made in his Countey ; and by his Certificate, the Perfons who
are to ferve are certainly known ; and fo is the certain Number
of them ; and although the King may create as many as he
pleafes, to be Members of the Lords Houfe, and give, by Pa-
tent, to as many Towns as he pleafe, the Privilege of fending
Burgeffes to Parliament, and fo encreafe the Number of the
Members of either Houfe, according to his own Pleafure, yet,
when he hath created thofe Peers, the certain Number of all
the Peers muft be known, as appears by the Rolls in Chancery ;
and after his granting the Privilege to Towns, the certain
Number of all the Members of the Houfe of Commons muft
appear, bv the Certificates of the Sheriffs ; elfe it cannot be
known who are trufted with the great Power of being Members
of the High Court and Council- 2 Mor. Whitel. chap. 103,

f oL 1~ 2 - , , . .

f It is very requifite that fuch an Officer, as the Sheriff is,

fhould have a Seal belonging to his Office. 2 Mor. Whitel.

409.

X The Seals of the Eledlors muft be affixed to the Indenture
of Return, as well as the Seal of the Sheriff; and it is not per-
haps neceffary for every one of them to have a feveral and dif-
tincl Seal ; but one Seal will ferve for many, 8 Hen. 4. fol. %.
pi. Although twenty be named in a Deed ; if it be fealed by
one Seal, yet it is a good Deed. One may feal with the Seal
of another Perfon, and the fame is valid, as if he had fealed
with his own proper Seal. There be many Cafes in our Law,
where the Seal of the Sheriff, and the Seals of others, are to be
affixed to Returns, as in this Cafe of Return of the Election of
Parliament Men ; to the End, the King may have the fuller,
more ample, and clearer Teftimony and Certiiicate, of the Aft
done, viz. who are the Perfons chofen ; and that both by the
legal Officer, who is intrufted to fee the fame done ; and by the_.
Freeholders, who are a Kind of Judges, and principal Actors in
the Bufinefs. 2 Mor. Whitel. cap. 109. fcl. 403, 404.

§ It is plain by the Words of the Writ, that the Seals of thofe
who are prefent at the Choice, muft be affixed to the Indenture
of Election ; which the Sheriff is to return into Chancery and
ufually, the Seals of the principal Gentlemen who are prefent

at



( 59 )

pur Chancery at the Day *, and Place in the Writ
contained."

By Stat. 23 Hen. 6, c. 14. feft. 1. " The Mayor
and Bailiffs of Cities and Boroughs, mall return the
Precept to the Sheriffs by Indentures between the
Sheriff and them of the Elections, and of the Names
of the Citizens and Burgefles chofen, and thereupon
every Sheriff mail make return of fuch Writ, and

at the Election, are pat to the Indenture ; together alfo with
fome Seals of other Freeholders of lefs Rank, to teftify the
Generality of the Opinien of the Freeholders, in the Ele&ion.
2 Mor. Whitel. 40^. The putting of every Man's Hand, who
gave his Voice, to the Indenture, is but Matter of Diredbon
(according to Sir Edward Coke) which was never done, and yet
the Election never therefore thought void. Debates cf the Com-
mons, Oxf. edit, \~j66. p. 23.

* All the faid Knights, Citizens, and BnrgefTes, are to
meet •* at the faid Day and Place," and to the End it may be
known whom the feveral Counties, Cities, and Buioughs, have
elefttd ; and impowered according to this Writ, to ferve for
them in Parliament : therefore the Sheriff is to fend in his Re-
turn, " at the faid Day and Place." And the full Appearance
of the Members of Parliament is held fo necefTary, that when,
fome of them have failed to be " at the faid Day and Place,"
the Parliament hath for that Caufe be>m adjourned to another
Day ; and new Summons awarded, for thole who were then
abfent. Sometimes the Houfe hath been called, and the
Names of thofe abfent examined before the King; that fuch as
made Default might abide the King's Order, fometimes, be-
caufe certain Sheriffs had not returned their Writs ; the Parlia-
ment was adjourned. Sometimes, Fines have been impoled..
for not being prefent " at the Day and Place" appointed ;
whereof there are precedents ; and, of the Adjournment of the
Parliament, for abfence of the Members. In the - beginning of
the Parliament Rolls, of very many of them conftantly unto
this Day, at the firft Meeting of the Parliament, the Members
are called by Name ; and the Appearance of every one of them
is recorded. The King ufually creates fome great Perfon Lord
' Hifh Steward for that Day, and for that Purpofe ; and he
makes his [1] Deputies, who fit to receive the Appearance of
the Members of the Houfe of Commons, and at this Day, the
Appearance is not fmall as it hath been in Times of Trouble.
2 Mo. Wbilel. on Govern, chap. 106. fol. 395.

[1] For the Form of the Deputation, fee Appendix, No* XXXI.

of



( 6o )

of every Return by the Mayors and Bailiffs to him
made. And every Sheriff that doth contrary to
thefe Statutes for the Election of Knights, Citizens,
and Burgeffes, fhall incur the Pain contained in the
Statute b Hen. 6. c. 7. and moreover fhall forfeit to
every Perfon chofen Knight, Citizen, or Burgefs,
in his County, and not duly returned, or to any
other which in default of fuch Knight, Citizen
and Burgefs, will fue, one hundred Pounds with
Cofts i and any Mayor and Bailiffs, &c. who fhall
return other than thofe which be chofen by the
Citizens and Burgeffes, fhall forfeit to the King
forty Pounds ; and moreover fhall forfeit to every
Perfon chofen Citizen or Burgefs, and not return-
ed, or to any other which in default of fuch Citi-
zen or Burgefs will fue, forty Pounds, with,
Cofts."

By Seft. 2. «' Every Sheriff who maketh not
true Return of fuch Elections, fhall forfeit to the
King one hundred Pounds, and alfo fhall incur the
Pain of one hundred Pounds, to him who will *
fue againft him, his Executors or Adminiftrators,
with Cofts."

By Stat. 7 & 8 \W. 3. c. 7. fe£l 1. " All falfe
Returns wilfully made, of any Member to ferve in
Parliament, are againft Law, and in cafe any Per-
fon fhall return any J Member to ferve in Parlia-
ment fcr any Place contrary to the laft § Deter-

• Every Knight, Citizen, and Burgefs, chofen and not re-
turned, (hall begin his Action of Debt wirhin three Months
after the Parliament commenced, to proceed in the fame effec-
tually, and if he do not, another who will fue fhall have the
Action. Seel. 3. If a Sheriff makes a falfe Return, Debt lies for
the one hundred Pounds upon this Statute. Pi. Com. 1 18. 150. *

t Perpetuated by i 2 An. fejf. \. c. 15.

\ But the Members returned by him are the fitting Mem-
bers, until the Houfe of Commons, upon a Petition, fhall ad-
judge the Return to falfe and illegal. Black. Com. 174.

$ By Stat. 2 Geo. 2. c. 24. feci. 4. « Votes fhall be deemed
legal, jvhich have beep to declared by the laft Determination

of



( Si )

mination in the Houfe of Commons, of the Right
of Election in fuch Place, fuch Return fhall be of
a falfe Return."

By Sett. 2. " Every Perfon who (hall be duly
elected to ferve for any Place, on fuch falfe Re-
turn may fue the Officers and Perfons making or
procuring the fame, or any of them, and fhall re-
cover double Damages with Cofts."

By Sett. 3. "If any Officer fhall wilfully, falfely,
and malicioufly, return more Perfons than are re-
quired to be chofen by the Writ or Precept, the
like Remedy may be had againft him, and the Par-
ties that willingly procure the fame by the Party
grieved."

By Sett. 4. " All Contracts and Securities given
to procure any Return of any Member, fhall be
adjudged void ; and whoever makes fuch Contract
or Security, or any Gift or Record, to procure
fuch falfe or double Return, fhall forfeit three
hundred Pounds, one third Part to his Majefty,
another third Part to the Poor of the County or
Place concerned, and one third Part to the In-
former, with Cofts, to be recovered in any of his
Majefty's Courts at JVeJimikJler."

By Sett. 5. " The Clerk of the Crown fhall en-
ter in a Book every fingle and double Return which
fhall come to his Hands, and every Alteration as
fhall be made by him or his Deputy in every fuch
Return ; to which Book all Perfons fhall have free
AccefTes to fearch and take Copies, paying ajea-
fonable Feej and the Parties profecuting fuch Suit
may give in Evidence fuch Book, or a Copy
thereof relating to fuch falfe or double Return, and
fhall have the like Advantage of fuch Proof as they
might have had by producing the Record itfelf :

of the Houfe of Commons, which Determination concerning
any County, City, Borough, Cinque Port or Place, fhall be
final to all Purpofes.

And



( f* )

And in cafe the Clerk of the Crown fhall not,
within fix Days after the Return fhall come to hia
Hands, make fuch Entry, or fhall make any Alte-
ration in any Return, unlefs by Order of the Houfe
of Commons, or give any Certificate of any Perfon
not returned, or fhall wilfully neglect to perform
his Duty in the Premiffes, he fhall forfeit to the
Party grieved five hundred Pounds, and lofe his
Office, and be for ever incapable of holding the
fame."

By Sett. 6. " Every Information or Action
grounded upon this Statute, fhall be brought within
two Years after the Caufe of Action fhall arife."

The Houfe expects the Sheriff to make a Return
according to Law, and will not give him Direc-
tions in cafe of Difficulty ; though the Mayor to
whom the Precept was directed dies, and yet the
Burgeffes go to Election, and Part return one by
one Indenture, and the other Part return another
by another Indenture. 4 Com. Dig. 29.

An Action upon the Cafe lies upon this Statute
for a falfe Return, Lutw. 185. If the Plaintiff
makes his Cafe purfuant to the Statute. Salk. 504.
pi. But an Action upon the Cafe does not liefince
this Statute, where the Return was conformable to
the laft Determination of the Houfe of Commons.
Lutw. 189.

By Stat. 7 & 8 W. 3. c. 25. fi&. 2. " Neither
the Sheriff or his Under-fheriff, nor the Mayor,
Bailiff, Conflable, Port-reeve, or other Officer, of
any Borough, &c. to whom the Execution of any
"Writ or Precept for electing doth belong, fhall
pay or take any Fee for the making out, Receipt,
Delivery, Return, or Execution, of any fuch Wric '
or Precept."

By Sett. 6. « Every Sheriff, Under-fheriff,

Mayor, Bailiff and other Officer, to whom the

Execution of any Writ or Precept fhall belong

4 for



( «3 )

for electing Members, fhall forthwith deliver to
iuch as fhall defire the lame, a Copy of the Poll*
paying a reafonable Charge for Writing the fame - y
and every Sheriff, csV. 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 mall forfeit to every Party
grieved five hundred Pounds, to be recovered by
him or his Adminiftrators with Cofts."

By Stat. 10 & n W. 3. c. 7. Jeff* 1. " The
Sheriff or other Officer having the Execution and
Return of any Writ for the Choice of a Member,,
fhall, on or before the Day that any Parliament
mail be called, and with all convenient Expedition*
not exceeding fourteen Days after Election, make *
return of the fame to the Clerk of the Crown in
Chancery to be filed •, and the Sheriff, &V. fhall
pay to the Clerk of the Crown the ancient Fees of
four Shillings, for every Knight of a Shire, and
two Shillings for every Citizen, Burgefs or Barort
of the cinque Ports, and have Allowance thereof ir»
his Account."

By Seel. 3. " Every Sheriff, ©V. who fhall not
make the Returns according to this Act, fhall for-
feit five hundred Pounds, one Moiety to his Ma-
jefty, and the other Moiety to him that fhall fue
for the fame, in any of his Majefty's Court at V/ejl-
minjler."

II. SCOTLAND.

By Stat. 5 Ann c. 3. fe£l. 1. Art. 3. " The
united Kingdom fhall be reprefented by one Parlia-
taenQ to be ftiled the Parliament of Great Britain"

By Art. 22. ** Sixteen of the Peers of Scotland*
at the Union, fhall be the Number to fit and vote
in the Houfe of Lords j and Forty-five Com-
moners



( H )

moners mall be the Number to fit and vote in
the Houfe of Commons."

This being premifed we will confider this Divi-
fion under the following Subdivifions, viz.

I. PEERS.

ii. commoners;

I. Peers.

This Subdivifion admits of the following ones, viz*

i . The Qualifications of the Eleclors.

2. The Qualifications of the elected.

3. The Manner of and Proceedings at the Eletlion.

1. The Qualifications of the Eleclors of the Peers
for Scotland.

By Stat. 5 Ann c. 8. feci. 12. " None mail be
capable to elect, but fuch as are twenty-one Years
of Age compleat, and Proteftants, excluding all
Papifts, or fuch who being fufpefted of Popery,
and required, refufe to fwear and fubfcribe the
Formula * contained in the third Aft made in the
eighth and ninth Seffions of King William's Parlia-
ment for preventing the Growth of Popery ; and
none fhall be capable to eleft, except fuch as are
now capable by the Laws of this Kingdom, to eleft
Commiffioners for Shires or Burghs, to the Parlia-
ment of Scotland' 1

By Stat. 6 Ann. c. 23. fell. 3. " All the Peers
who meet on the Proclamation for elefting the fix-.
teen Peers of Scotland, fhall, before they proceed
to the Election, and in the Prefence of the Peers



Which fee in Appendix, N°. XXI.



affembled



aHembled, take the Oaths of* Allegiance andf
Supremacy, and mall alfo make and fubfcribe the
J Declaration in Stat. 30 Car. 2. feci. 2. and alfo
take and fubfcribe the Oath of § Abjuration."

By Seel. 4. " Peers who live in Scotland, but not
prefent at fuch Meeting, may take the Oaths, &c.
in any Sheriff's Court in Scotland-, and every
Sheriff or his Deputy, before whom fuch Oaths,
&c. fhall be fo made, fhall return the original Sub-
fcription figned by the Peer, and make a Return in
Writing under his Hand and Seal to the Peers fo
aflembled of fuch Peers taking the Oaths, &c. and
fuch Peer (hall be thereby enabled to make a ||
Proxy, or to fend a figned Lift, containing the
Names of the fixteen Peers for whom he giveth
his Vote : And fuch of the Peers as refide in Eng-
land, may take the Oaths, &c. in her Majefty's
Court of Chancery, Queen's Bench, Common Pleas,
or Exchequer, in England, which being certified by
Writ to the Peers in Scotland at their Meeting,
under the Seal of the Court, mail intitle fuch Peer
to make his Proxy, and to fend a figned Lift ;
and in cafe any of the Peers, who before the iffuing
of fuch Proclamation have taken the Oaths, &JV.
to be certified as aforefaid (and if taken in Parlia-
ment, to be certified under the Great Seal) fhall at
the Time of iffuing fuch Proclamation be abfent in
the Service of her Majefty, fuch Peer may make
his Proxy or fend a Lift."

By Stat. 1 Geo. flat. 2. c. 13. feci. 17. " If any
Peer fhall vote or make his Proxy, not having

» See Appendix, NMII. + Ibid. N°. IV.

% Ibid. N°. V. $ Ibid. N°. VII.

J| Provided that fuch Peers of Scotland as are alfo Peers of
England, fhall fign their Proxies by the Title of their Peerage in
Scotland, feci. 5. No Peer (hall be capable of having more
than Two Proxies. Se8. 6.

F taken



( 66 )

taken and fubfcribed the Oath of Abjuration, he
fhall be difabled to vote at any Election."

By Stat. 16 Geo. 2. c. 11. Sett. 20. " One Per-
fon and no more, fhall be intitled to vote, in re-
fpect of the fame Lands, and where Lands are now
holden by any Baron, immediately of the King or
Prince, fuch Baron (hall be intitled to vote for
thofe Lands •, and no Vaffal or Sub-vafTal of the
faid Baron fhall have Right to vote in Refpect
thereof.

2. The Qualifications of the elected Peers for Scot-
land.

*

By Stat. 5 Am c. 1. feci. 8. art. 22. " Every
one of the Lords of Parliament in all fucceeding
Parliaments of Great Britain, until that Parliament
fhall otherwife diced, fhall take the Oaths * ap-
pointed to be taken inftead of the Oaths of Alle-
giance and Supremacy by Stat. 1 JV. fc? M.Jiat. 1.
c. 8. and fubfcribe and repeat the Declaration men-
tioned in Stat. 30 Car, 2. fiat, and fhall take
and fubfcribe the Oath in •f Stat. 1 Ann fiat, 1.

c ii r

By Sett. 12. " None fhall be capable of being
elected, but fuch as are twenty-one Years of Age
compleat, and Proteftants, excluding all Papifls, or
fuch who being fufpect of Popery, and required,
refufe to fwear and fubfcribe the Formula contained
in the third Act made in the eighth and ninth Sef-
fion of King William's Parliament, for preventing,
the Growth of Popery -, and none fhall be capable,
of being elected, except fuch as are now capable
by the Laws of this Kingdom to be elected as



• For the Form, fee Append. N°. VII.
f See 6 Anne. y.Jecl. 20, 21*



Com*



( «7 )

Commiflloners of Shires or Burghs, to the Parlia*
merit of Scotland."

By Stat, i Geo. flat. 2. c. 13. feci. iy. " If any
Peer fhall vote, or make his Proxy, not having
taken and fubfcribed the Oath of Abjuration, he
fhall be difabled to fue in any Court of Law, or to
profecute any Suit in Equity, or to be Guardian,
Executor, or Adminiftrator, or be capable of any
Legacy or Deed of Gift, or to be in any Office
in Great Britain, and fhall forfeit five hundred
Pounds to him who will fue for the fame by way
of Summary Complaint, before the Court ofSeffion
or Judiciary in Scotland."

By Stat. 16 Geo. 2. c. 11. feci. 20. " One Per-
fon only fhall be intitled to be elected, in Refpect
of the fame Lands, and where Lands are now
holden by any Baron, immediately of the King or
Prince, fuch Baron fhall be capable to be elected
for thofe Lands ; and no Vaffal or SubvafTal of the
laid Baron fhall have Right to be elected in Refpec~b
thereof."

The Manner of & Proceedings at the Election of the
Peers for Scotland.

By Stat. 6 Ann c. 23. feci. 1. " When the
Crown fhall declare its Pleafure for fummoning
any Parliament j in order to the electing the fixteen
Peers of Scotland, a * Proclamation fhall be ifiued
under the great Seal of Great Britain, commanding



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 6 of 24)