first those of electors for knights of the shire.

1.

By statute 8 Hen. VI. c. 7. and 10 Hen. VI. c. 2. (amended by 14 Geo. III. c. 58.) the knights of the shire shall be chosen of people, whereof every man shall have freehold to the value of forty shillings by the year within the county; which by subsequent statutes) is to be clear of all charges and deductions, except parliamentary and parochial taxes. The knights of shires are the representatives of the landholders, or landed interest of the kingdom : their electors must therefore have estates in lands or tenements within the county represented: these estates must be freehold, that is, for term of life at least; because beneficial leases for long terms of years were not in use at the making of these statutes, and copyholders were then little better than villeins, absolutely dependent upon their lords: this freehold must be of forty shillings annual value; because that sum would then, with proper industry, furnish all the necessaries of life, and render the freeholder, if he pleased, an independent man. The other less important qualifications of the electors for counties in England and Wales, may be collected from the statutes; 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, under the penalty of 40l. (10 Anne, c. 23.) Fraudulent grants are such as contain an agreement to reconvey, or 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 counties.

As for the electors, of citizens and burgesses, these are supposed to be the mercantile part or trading interest of this kingdom. 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

D

he hath been admitted to his freedom twelve calendar months before.

2. Next, as to the qualifications of persons to be elected members of the house of commons. Some of these depend upon the law and custom of parliaments, declared by the house of commons; others upon certain statutes. And from these it appears, 1. That they must not be aliens born, or minors. 2. That they must not be any of the twelve judges, because they sit in the house of lords; nor of the clergy, for they sit in the convocation; nor persons attainted of treason or felony, 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; but that sheriffs of one county are eligible to be knights of another. 4. That, in strictness, all members ought to have been inhabitants of the places for which they are chosen: 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, nor any of the officers following, (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 cus

toms; clerks or deputies in the several offices of the treasury, exchequer, army, victualling, admiralty, pay of the army or navy, secretaries of state, sal, stamps, appeals, wine - licences, hackneycoaches, hawkers and pedlars) nor any persons that hold any new office under the crown, created since 1705, are capable of being elected or sitting as members. 6. That no person having a pension under the crown during pleasure, or for any term of years, is capable of being elected or sitting. 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. 8. 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. This is reduced to a still greater certainty, by ordaining, 9. 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 3001. except the eldest sons of peers, and of persons qualified to be knights of shires, and except the members for the two universities: 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. But subject to these stand

ing restrictions and disqualifications, every subject of this realm is eligible of common right.

3. The third point, regarding elections, is the method of proceeding therein. This is also regulated by the law of parliament, and several sta

tutes.

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, in the time of a recess for upwards of twenty days) sends his warrant to the clerk of the crown in chan. cery; who thereupon issues out writs to the sheriff 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 returhing 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 days' notice of the same; 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 after the delivery of the writ.

And as it is essential to the very being of parliament that elections should be absolutely free, there