reign of Henry VI, to have been equal to twelve pounds per annum in the reign of Queen Anne; and, as the value of money is very considerably lowered since the bishop wrote, I think we may fairly conclude, from this and other circumstances, that what was equivalent to twelve pounds in his days is equivalent to twenty at present. The other less important qualifications of the electors for counties in England and Wales may be collected from the statutes cited in the margin, (y) which direct, 2. That no person under twenty-one years of age shall be capable of voting for any member. This extends to all sorts of members, as well for boroughs as counties; as does also the next, viz.: 3. That no person convicted of perjury, or subornation of perjury, shall be capable of voting in any election. 4. That no person shall vote in right of any freehold, granted to him fraudulently to qualify him to vote. Fraudulent grants are such as contain an agreement to reconvey, or to defeat the estate granted; which agreements are made void, and the estate is absolutely vested in the person to whom it is so granted. And, to guard the better against such frauds, it is farther provided, 5. That every voter shall have been in the actual possession, or receipt of the profits, of his freehold to his own use for twelve calendar months before; except it came to him by descent, marriage, marriage-settlement, will, or promotion to a benefice or office. 6. That no person shall vote in respect of an annuity or rent-charge, unless registered with the clerk of the peace twelve calendar months before. 7. That in mortgaged or trust estates, the person in possession, under the above-mentioned restrictions, shall have the vote. 8. That only one person shall be admitted to vote for any one house or tenement, to prevent the splitting of freeholds. 9. That no estate shall qualify a voter, unless the estate has been assessed to some land tax aid, at least twelve months before the election. 10. That no tenant by copy of court roll shall *be permitted to vote as a freeholder. Thus much for the electors in As for the electors of citizens and burgesses, these are supposed to be the mercantile part or trading interest of this kingdom. But, as trade is of a fluctuating nature, and seldom long fixed in a place, it was formerly left to the crown to summon, pro re nata, the most flourishing towns to send representatives to parliament. So that, as towns increased in trade, and grew populous, they were admitted to a share in the legislature. But the misfortune is, that the deserted boroughs continued to be summoned, as well as those to whom their trade and inhabitants were transferred; except a few which petitioned to be eased of the expense, then usual, of maintaining their members: four shillings a day being allowed for a knight of the shire, and two shillings for a citizen or burgess which was the rate of wages established in the reign of Edward III. (2) (34) Hence the members for boroughs now bear above a quadruple proportion

[*174] counties.

(y) 7 and 8 W. III, c. 25. 10 Ann. c. 23. 31 Geo. II, c. 14. 3 Geo. III, c. 24. 2 Geo. II, c. 21. 18 Geo. 11, c. 18. (*) 4 Inst. 16.

(34) [Lord Coke, in the page referred to by the learned judge, says, that this rate of wages hath been time out of mind, and that it is expressed in many records; and, for example, refers to one in 46 Ed. III, where this allowance is made to one of the knights for the county of Middlesex. But Mr. Prynne's fourth Register of Parliamentary Writs is confined almost entirely to the investigation of this subject, and contains a very particular chronological history of the writ de expensis militum, civium, et burgensium, which was framed to enforce the payment of these wages. Mr. Prynne is of opinion that these wages had no other origin than that principle of natural equity and justice qui sentit commodum, debet sentire et onus. p. 5.

And Mr. Prynne further informs us, "that the first writs of this kind extant in our records are coeval with our king's first writs of summons to elect and send knights, citizens, and burgesses to parliament, both of them being first invented, issued and recorded together in 49 Hen. III, before which there are no memorials nor evidences of either of those writs in our historians or records," p. 2. The first writs direct the sheriff to levy from the community, i. e. the electors of the county, and to pay the knights, rationabiles expensas suas in veniendo ad dictum parliamentum, ibidem morando, et exinde ad propria redeundo. And when the writs of summons were renewed, in the 23d of Edw. I, these writs issued again in the same form at the end of the parliament, and were continued in the same manner till the 16 Edw. II, when Mr. Prynne finds the "memoriable writs," which first reduced the expense of the representatives

to those for counties, and the number of parliament men is increased since Fortescue's time in the reign of Henry the Sixth, from 300 to upwards of 500, exclusive of those for Scotland. The universities were in general not empowered to send burgesses to parliament; though once, in 28 Edw. I, when a parliament was summoned to consider of the king's right to Scotland, there were issued writs, which required the university of Oxford to send up four or five, and that of Cambridge two or three, of their most discreet and learned lawyers for that purpose.(a) But it was King James the First who indulged them with the permanent privilege to send constantly two of their own body; to serve for those students who, though useful members of the community, were neither concerned in the landed nor the trading interest; and to protect in the legislature the rights of the republic of letters. The right of election in boroughs is various, depending entirely on the several charters, customs, and constitutions of the respective places, which has occasioned infinite disputes; though now by statute *2 Geo. II, c. 24, the right of voting for the future shall be allowed according to the last determination of the house of commons [ *175] concerning it. (35) And by statute 3 Geo. III, c. 15, no freeman of any city or borough (other than such as claim by birth, marriage, or servitude,) shall be entitled to vote therein, unless he hath been admitted to his freedom twelve calendar months before.(36)

2. Next, as to the qualifications of persons to be elected members of the house of commons.(37) Some of these depend upon the law and custom of parlia

(a) Prynne, Parl. Writs, i, 345.

to a certain sum by the day, viz: 4s. a day for every knight, and 2s. for every citizen and burgess; and they specified also the number of days for which this allowance was to be made, being more or less according to the distance between the place of meeting in parliament and the member's residence. When this sum was first ascertained in the writ, the parliament was held at York, and therefore the members for Yorkshire were only allowed their wages for the number of days the parliament actually sat, being supposed to incur no expense in returning to their respective homes; but, at the same time, the members for the distant counties had a proportionate allowance in addition. Though, from this time, the number of days and a certain sum are specifically expressed in the writ, yet Mr. Prynne finds a few instances after this where the allowance is a less sum; and, in one where one of the county members had but 3s. a day, because he was not in fact, a knight. But, with those few exceptions, the sum and form continued with little or no variation. Mr. Prynne conjectures, with great appearance of reason, that the members at that time enjoyed the privilege of parliament only for the number of days for which they were allowed wages, that being considered a sufficient time for their return to their respective dwellings. p. 68. But this allowance, from its nature and origin, did not preclude any other specific engagement or contract between the member and his constituents; and the editor of Glanville's Reports has given in the preface, p. 23, the copy of a curious agreement between John Strange, the member for Dunwich, and his electors, in the 3 Edw. IV, 1463, in which the member covenants "whether the parliament hold long time or short, or whether it fortune to be prorogued, that he will take for his wages only a cade and half a barrel of herrings, to be delivered by Christmas."

In Scotland the representation of the shires was introduced or confirmed by the authority of the legislature, in the seventh parliament of James I, anno 1427, and there it is at the same time expressly provided, that "the commissaries sall have costage of them of ilk shire that awe compeirance in parliament." Murray's Stat.

It is said, that Andrew Marvell, who was member for Hull in the parliament after the restora tion, was the last person in this country that received wages from his constituents. Two shillings a day, the allowance to a burgess, was so considerable a sum in ancient times, that there are many instances where boroughs petitioned to be excused from sending members to parliament, representing that they were engaged in building bridges, or other public works, and therefore unable to bear such an extraordinary expense. Pryn. on 4 Inst. 32.]

(35) [This act being merely retrospective, it was provided by § 27 of 28 Geo. III, c. 52, and 34 Geo. III, c. 83, that all decisions of committees of the house of commons, with respect to the right of election, or of choosing or appointing the returning officer, shall be final and conclusive upon the subject forever.]

(36) This is called the Durham act, and it was occasioned by the corporation of Durham having, upon the eve of an election, in order to serve one of the candidates, admitted 215 honorary freemen.

(37.) [Any person may be elected a member of the house of commons if not affected by one or other of certain disqualifications which depend upon the law and custom of parliament, or upon the statute law. Whence it appears that no person included in the subjoined list is 113

VOL. 1.-13

ment, declared by the house of commons:(b) others upon certain statutes. And from these it appears, 1. That they must not be aliens born, (c) or minors.(d) 2. That they must not be any of the twelve judges, (e) because they sit in the lords' house; nor of the clergy,(f) for they sit in the convocation; nor persons attainted of treason or felony,(g) for they are unfit to sit any where. 3. That sheriffs of counties, and mayors and bailiffs of boroughs, are not eligible in their respective jurisdictions, as being returning officers; (h) but that sheriffs of one county are eligible to be knights of another.(i) 4. That, in strictness, all members ought to have been inhabitants of the places for which they are chosen :(k) but this, having been long disregarded, was at length entirely repealed by statute 14 Geo. III, c. 58. 5. That no persons concerned in the management of any duties or taxes created since 1692, except the commissioners of the treasury,(1) nor any of the officers following, (m) viz.: commissioners of prizes, transports, sick and wounded, wine licences, navy, and victualling; secretaries or receivers of prizes; comptrollers of the army accounts; agents for regiments; governors of plantations and their deputies; officers of Minorca or Gibraltar; officers of the excise and customs; *clerks or deputies in the several offices of the [*176] treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, secretaries of state, salt, stamps, appeals, wine licences, hackney coaches, hawkers, and pedlars, nor any persons that hold any new offices under the crown created since 1705, (n) are capable of being elected or sitting as members. (38) 6. That no

A

(b) 4 Inst. 47, 48

(c) See page 162

(d) Ibid. (e) Com. Journ. 9 Nov. 1605

(g) Com. Jour. 21 Jan. 1580. 4 Inst. 47.

(f) Com. Journ. 13 Oct. 1553; 8 Feb. 1620; 17 Jan. 1661.

(h) Bro. Abr. t. Parliament, 7. Com. Journ. 25 June, 1604; 14 April, 1614; 22 Mar. 1620; 2, 4, 15 June, 17 Nov. 1685; Hale of Parl. 114. (i) 4 Inst. 48. Whitelocke of Parl: ch. 99, 100, 101.

(k) Stat. 1. Henry V. c. 1. 23 Hen. VI. c. 15.

(7) Stat. 5 and 6 W. and M. c. 7.

(m) Stat. 11 and 12 W. III, c. 2. 12 and 13 W. III, c. 10. 6 Ann c. 7. 15 Geo. II, c. 22. (n) Stat. 6 Ann. c. 7.

eligible to sit amongst the commons: an alien born or naturalized, an idiot or lunatic if incurable, a person attainted of treason or convicted of felony, a peer of the realm or of Scotland, or a representative peer of Ireland, a judge of a superior court of England, (except the master of the rolls,) or of the court of admiralty, or in bankruptcy, or of a county court. The following officials likewise are disqualified: a metropolitan police magistrate, a recorder for the borough for which he is appointed, a revising barrister for any place within his district, a judge of Scotland or Ireland, any one ordained to the office of priest or deacon of the church of England, a minister of the church of Scotland, or any one in holy orders in the church of Rome. Sheriffs of counties and mayors and bailiffs of boroughs are not eligible in their respective jurisdictions, as being returning officers, but the sheriff of one county is eligible to serve as knight for another, or for any county of a city or borough within his county, provided the writ for the election is directed not to himself, but to some other returning officer.

No government contractor nor person having a pension under the crown during pleasure, or for any term of years, is qualified to be elected or to sit; nor is any person holding an office under the crown, created since 1705, capable of being elected or of sitting, though should he do so, an act of indemnity may perhaps be passed by the legislature.

Innovations on the above rule have, however, been made by successive statutes with a view to the requirements of the government and the conduct of the public service; ex. gr. as regards the vice-president of the board of trade, the president of the poor law board, the first commissioner of works, the vice-president of the committee of the privy council on education, and the postmaster-general.

It has been further enacted that not more than four of the principal, and four of the undersecretaries of state shall sit at the same time in the house of commons; that the seat of any member accepting the office of under-secretary to a principal secretary of state, there being four under-secretaries then in the house, shall be thereupon vacated; that if at any general election there are returned as members to serve in parliament a greater number of persons holding such office of principal or under-secretary than are permitted to sit and vote in the house, no one of such persons shall be capable of sitting until the number of persons returned as members and holding the same office as himself has, by death, resignation or otherwise been reduced to the number permitted by law to sit in the house; and that the like rules shall apply in all cases in which a limit is imposed upon the number of persons holding any other office who may at the same time sit and vote as members of the house of commons.

Lastly, if any member accepts an office under the crown, except an officer in the army or navy accepting a new commission, his seat is void; but such member is capable of being re-elected, provided the office be one created prior to the year 1705.]

(38) By Stat. 6 Ann. c. 7, § 26, the seat of a member is vacated if he accepts a place of honor and profit under the crown, in existence prior to 1705.

By the custom of parliament a member cannot resign his seat. If, however, he desires to

person having a pension under the crown during pleasure, or for any term of years, is capable of being elected or sitting. (0) 7. That if any member accepts an office under the crown, except an officer in the army or navy accepting a new commission, his seat is void; but such member is capable of being re-elected. (p) 9. That all knights of the shire shall be actual knights, or such notable esquires and gentlemen as have estates sufficient to be knights, and by no means of the degree of yeomen. (q) This is reduced to a still greater certainty, by ordaining, 8. That every knight of a shire shall have a clear estate of freehold or copyhold to the value of six hundred pounds per annum, and every citizen and burgess to the value of three hundred pounds; except the eldest sons of peers, and of persons qualified to be knights of shires, and except the members for the two universities: (r) which somewhat balances the ascendant which the boroughs have gained over the counties, by obliging the trading interest to make choice of landed men; and of this qualification the member must make oath, and give in the particulars in writing, at the time of his taking his seat. (s) But subject to these standing restrictions and disqualifications, every subject of the realm is eligible of common right: though there are instances wherein persons in particular circumstances have forfeited that common right, and have been declared ineligible for that parliament by vote of the house of commons, (t) or for ever by an act of the legislature. (u) (39.) But it was an unconstitutional prohibition, which was grounded on an ordinance of the house of lords, (w) and inserted in the king's writs for the parliament holden at Coventry, 6 Hen. IV, that no apprentice or *other man of the law should be elected a knight of the shire

therein: (x) in return for which, our law books and historians (y) have [*177] branded this parliament with the name of parliamentum indoctum, or the lacklearning parliament; and Sir Edward Coke observes, with some spleen, (2) that there never was a good law made thereat.

3. The third point, regarding elections, is the method of proceeding therein. This is also regulated by the law of parliament, and the several statutes referred to in the margin; (a) all of which I shall blend together, and extract out of them a summary account of the method of proceeding to elections. (40)

(o) Stat. 6 Ann. c. 7. 1 Geo. c. 56.
(q) Stat. 23 Hen. VI, c. 15.
(t) See page 163.

(p) Stat. 6 Ann. c. 7.
(r) Stat. 9 Ann. c. 5.
(u) Stat. 7 Geo. I, c. 28.

(8) Stat. 33 Geo. II, c. 20.

(x) Pryn, on 4 Inst. 13.

(w) 4 Inst. 10, 48. Pryn. Plea for Lords, 379. 2 Whitelocke, 359, 368. (y) Walsingh. A. D. 1405.

(z) 4 Inst. 48.

(a) 7 Hen. IV, c. 15. 8 Hen. VI, c. 7. 23 Hen. VI, c. 14. 1 W. and M. st. 1, c. 2. 2 W. and M. st. 1, c. 7. 5 and 6 W. and M. c. 20. 7 W. III, c. 4. 7 and 8 W. III, c. 7, and c. 25. 10 and 11 W. III, c. 7. 12 and 13 W. III, c. 10. 6 Ann. c. 23. 9 Ann. c. 5. 10 Ann. c. 19, and c. 33. 2 Geo. II, c. 24. 8 Geo. II, c. 30. 18 Geo. II, c. 18. 19 Geo. II, 28. 16 Geo. III, c. 16. 11 Geo. III, c. 42. 14 Geo. III, c. 15. 15 Geo. III, c. 36. 28 Geo. III, c. 52.

vacate it, he has a convenient mode of doing so, by applying for the stewardship of the Chiltern Hundreds of Stoke, Desborough and Borlenham, which, though a mere sinecure, is held to be a place of honor and profit under the crown, and consequently vacates the seat. This nominal place is in the gift of the chancellor of the exchequer. As soon as the office is obtained, it is resigned, that it may serve the same purpose again.

Mr. Chitty says it is a matter of course to confer this office on application, and such is the practice; but there is one notable instance of refusal. In 1842, while charges of corrupt practices in elections were pending in the commons, one of the members concerned having applied to the chancellor of the exchequer for the stewardship of the Chiltern Hundreds, that officer, who anticipated similar applications from others in the same situation, decided upon refusing the appointment. This refusal created some excitement at the time, but though unprecedented, was generally applauded in view of the circumstances.

(39) [This clause from the word though has been added since 1769, the time when the Middlesex election was discussed in the house of commons. The learned judge, upon that occasion, maintained the incapacity of Mr. Wilkes to be re-elected to that parliament, in consequence of his expulsion; and, as he had not mentioned expulsion as one of the disqualifications of a candidate, the preceding sentence was cited against him in the house of commons.]

(40) The following are the formalities of an election:

[In the case of a general election, following a dissolution of parliament, the procedure is, after a royal proclamation to that effect, that writs are sent from the petty bag office to the sheriff of every county, and the returning officer of every city and borough, for the election of knights, citizens and burgesses, to serve in parliament. If a vacancy takes place during the session the speaker, on motion made, signs a warrant to the clerk of the crown in chancery, to issue a writ for the return of a fresh member; and the same course is pursued during the

As soon as the parliament is summoned, the lord chancellor, or if a vacancy happens during the sitting of parliament, the speaker by order of the house, and without such order, if a vacancy happens by death, or the member's becoming a peer, (41) in the time of a recess for upwards of twenty days, sends his warrant to the clerk of the crown in chancery; who thereupon issues out writs to the sheriffs of every county, for the election of all the members to serve for that county, and every city and borough therein. Within three days after the receipt of this writ, the sheriff is to send his precept, under his seal, to the proper returning officers of the cities and boroughs, commanding them to elect their members: and the said returning officers are to proceed to election within eight days from the receipt of the precept, giving four day's notice of the same; (b) and to return the persons chosen, together with the precept, to the sheriff. But elections of knights of the shire must be proceeded to by the sheriffs themselves in person, at the next county court *that shall happen [*178] after the delivery of the writ. The county court is a court held every month or oftener by the sheriff, intended to try little causes not exceeding the value of forty shillings, in what part of the county he pleases to appoint for that purpose: but for the election of knights of the shire it must be held at the most usual place. (42) If the county court falls upon the day of delivering the

(b) In the borough of New Shoreham, in Sussex, wherein certain freeholders of the country are entitled to vote by statute 11 Geo. III, c. 55, the election must be within twelve days, with eight days' notice of the same.

recess of parliament, as soon as the speaker is informed of the vacancy by the certificate of two members. On the receipt of such writ, the sheriff, or other returning officer, is to give public notice that an election will be held within a certain specified time. He is also to provide for the erection of polling booths and give public notice of the situation of each booth.

On the day of election, as soon as the writ has been read, the sheriff or other returning officer, must take the bribery oath, after which it is usual for the respective candidates to be proposed and seconded by electors, and if no more are proposed than can be returned they are then and there duly elected. If there be more than the proper number, the sheriff, or returning officer, calls for a show of hands, and pronounces the candidate or candidates duly elected for whom, in his opinion, the largest number of hands is displayed. This decision if not questioned is conclusive but a poll is often called for, and if demanded by any candidate or elector must be granted. The poll in most instances must commence the day or day but one after the nomination, and in most cases can only last one day, and between the hours of eight and four.

Till 1854 every voter was obliged to take the bribery oath, if so required, but this necessity no longer exists; there are only two questions which can now be put to an elector before he votes, viz. 1st., whether he be the same person whose name appears on the register, and 2d, whether he have already voted; and if required, he must answer these questions on oath.

At the termination of the poll the poll books are to be closed and sealed, and delivered to the sheriff or returning officer, who in counties is to keep them until the day but one, and in boroughs till the day following the poll, when he is openly to break the seals, add up the number of votes, then openly declare the state of the poll, and make proclamation of the member or members duly elected. In cities and boroughs, however, the returning officer may, if he pleases, declare the final state of the poll, and make the return immediately at the close of the poll: if he does not do so then he must wait till the next day.

Formerly, if a candidate was considered unduly returned to parliament, the remedy was by petition to the house of commons, on which the house appointed a committee of its own members to try the question. But now by 31 and 32 Vic,, c, 125, the petition is to be presented to the court of common pleas, and the case is to be tried by one of the puisne judges of the superior courts, without a jury.]

(41) [By Stat. 24 Geo. III, § 2, c. 26, if during any recess any two members give notice to the speaker, by a certificate under their hands, that there is vacancy by death, or that a writ of summons has issued under the great seal to call up any member to the house of lords, the speaker shall forthwith give notice of it to be inserted in the Gazette, and at the end of fourteen days after such insertion, he shall issue his warrant to the clerk of the crown, commanding him to make out a new writ for the election of another member. And to prevent any impediment in the execution of this act by the speaker's absence from the kingdom, or by the vacancy of his seat, at the beginning of every parliament he shall appoint any number of members, from three to seven inclusive, and shall publish the appointment in the Gazette. These members, in the absence of the speaker, shall have the same authority as is given to him by this statute.]

(42) The shires, and some of the boroughs, are now divided into districts for the purposes of these elections.

[By the statute of 52 Geo. III, c. 144, § 2, the speaker of the house of commons may, dur