discussions concerning Election Law. It is considered a very remarkable one in several respects, especially as being the first disfranchising act upon the statute book. The forty "shillings" mentioned in it are equivalent to twenty pounds sterling of the present day. One of its capital provisions as to the residence within the county of both elector and elected, continued on the statute book as law for nearly three centuries and a half [from 1429 to 1774], when the provision, as already observed, was repealed by stat. 14 Geo. 3, c. 58. The words used in the act are 46 FREE LAND, OR TENEMENT," which latter word includes every interest or profit existing in or issuing out of land. What constitutes such an interestwhat is, in other words, a "tenement"-is one of the leading questions discussed in Election Law, which, however, is now pretty well settled on this subject. It is finally to be observed, that the tenure, as well as the interest possessed in it, must be freehold.

IV. STATUTE 10 Hen. 6, c. 2, [A. D. 1431,] intituled Certain Things required in him who shall be a Chooser of the Knights of Parliament.

Item, whereas at the parliament holden at Westminster, the morrow of St. Matthew the Apostle, the 8th year of the reign of the king that now is, it was ordained by the authority of the same parliament, that the knights of all counties within the realm of England, to be chosen to come to the parliaments hereafter to be holden, should be chosen in every county by people dwelling and resiant in the same, whereof every one should have freehold to the value of 40s. by year, at the least, above all charges, not making express mention in the same that every man that should be chooser of any such knights should have freehold to the value of 40s. at the least, above all charges, within the same county, where such chooser, with other like, shall make such election, or elsewhere: our lord the king, &c., hath ordained, That the knights of all counties within the said realm, to be chosen to come to parliaments hereafter to be holden, shall be chosen in every county by people [dwelling and resiunt in the same,*] whereof every man shall have freehold to the value of 40s. by the year, at the least, above all charges, within the sume county where any such chooser will meddle of any such election.

The part in italics and within brackets was repealed by stat. 14 Geo. 3, c. 58, post.

V. STATUTE 23 Hen. 6, c. 14, [A. D. 1444,] intituled Who shall be Knights for the Parliament, the Manner of their Election, the Remedy where One is chosen and Another returned.

After reciting stat. 1 Hen. 5, c. 1, and 8 Hen. 6, c. 7, by force of which statute elections of knights to come to the parliaments sometimes have been duly made and lawfully returned, until now of late that divers sheriffs of the counties of the realm of England, for their singular avail and lucre, have not made due elections of the knights, nor in convenient time, nor good men and true returned, and sometimes no return of the knights, citizens, and burgesses lawfully chosen to come to the parliaments; but such knights, citizens or burgesses have been returned which were never duly chosen, and other citizens and burgesses than those which by the mayors and bailiffs were to the said sheriffs returned; and sometimes the sheriffs have not returned the writs which they had to make elections of knights to come to the parliaments, but the said writs have imbesiled, and moreover made no precept to the mayor and bailiff, or to the bailiffs or bailiff where no mayor is, of cities and boroughs, for the election of citizens and burgesses to come to parliament by the colour of these words contained in the same writs, “Quod in pleno comitatu tuo elegi facias pro comitatu tuo duos milites, et pro qualibet civitate in comitatu tuo duo cives, et pro quolibet burgo in comitatu tuo duo burgenses;" and also because sufficient penalty and convenient remedy for the party in such case grieved is not ordained in the said statutes against the sheriffs, mayors and bailiffs which do contrary to the form of the said statutes: the king, considering the premises, hath ordained, by authority aforesaid, That the said statutes shall be duly kept in all points; and moreover, that every sheriff, after the delivery of any such writ to him made, shall make and deliver, without fraud, a sufficient precept under his seal to every mayor and bailiff, or to the bailiffs or bailiff where no to the mayors mayor is, in the cities and boroughs within his county, reciting the and bailiffs of said writ, commanding them by the same precept, if it be a city, to boroughs to choose by the citizens of the same city, citizens; and in the same elect citizens manner and form, if it be a borough, by the burgesses of the same [burgesses], to come to the parliament. And that the same mayor and bailiffs, or bailiffs or bailiff where no mayor is, shall return lawfully the precept to the same sheriff, by indentures betwixt the same sheriff and them to be made, of the said elections, and of the names of the said citizens and burgesses by them so chosen; and thereupon every sheriff shall make a good and rightful return of every such writ, and of every return by the mayors and bailiffs, or bailiffs The penalty or bailiff where no mayor is, to him made. And that every sheriff, at every time that he doth contrary to this statute, or any other

The sheriffs

shall send out precepts

cities and

and burgesses to

serve in par

liament.

on a sheriff

making an

See 1 Peck. 118, n. (d).

† See 1 Peck. 417, and 2 Peck. 308.

of a member

on a mayor

or bailiff

statutes for the election of knights, citizens and burgesses to come undue return to the parliament, before this time made, shall incur the pain con- of parlia tained in the said statute, made the said eighth year; and moreover ment. shall forfeit and pay to every person hereafter chosen knight, citizen, or burgess in his county, to come to any parliament, and not duly returned, or to any other person which, in default of such knight, citizen, or burgess, will sue, 100l., whereof every knight, citizen and burgess so grieved, severally, or any other person which in their default will sue, shall have his action of debt against the said sheriff, or his executors or administrators, to demand and have the said 100., with his costs spent in that case ** And, in the The penalty same manner, at every time that any mayor and bailiffs, or bailiffs or bailiff where no mayor is, shall return other than those which be making an chosen by the citizens and burgesses of the cities or boroughs undue rewhere such elections be or shall be made, shall incur and forfeit to the king 401.; and, moreover, shall forfeit and pay to every person hereafter chosen citizen and burgess to come to the parliament, and not by the same mayor and bailiffs, or bailiffs or bailiff where no mayor is, returned, or to any other person which, in fault of such citizen or burgess so chosen, will sue, 407., whereof every of the citizens and burgesses so grieved severally, or any other person, which in default will sue, shall have his action of debt against every of the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, against their executors or administrators, to demand and have of every the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, 40/., with his costs in that case expended

turn.

to be knight,

another put

And if any knight, citizen, or burgess, hereafter returned by the The penalty sheriff to come to the parliament in the manner aforesaid, after if any chosen such return, be by any person put out, and another put in his place, citizen or that such person so put in the place of him which is put out, if he burgess be take upon him to be knight, citizen or burgess at any parliament put out and in time to come, shall forfeit to the king 100l., and 100l. to the in his place. knight, citizen or burgess so returned by the sheriff, and after, as afore is said, put out; and that the knight, citizen or burgess which is so put out shall have an action of debt of the same 1007. against such person put in his place, his executors or administrators: Provided always, that he shall begin his suit within three months after the parliament commenced; and if he do not, then he that will sue shall have an action of debt of the same 100l. against him which is put in place of him that is so put out after such return, his executors or administrators; ** and that such process shall be in the actions aforesaid as in a writ of trespass done against the peace at the common law; so that the knights of the shires for the parliament, hereafter to be chosen, shall be notable knights [of the same counties for which they shall be chosen ;*] or otherwise such notable esquires, gentlemen of birth [of the same counties,†] as shall be able to be What sort of knights and no man to be such knight which standeth in the persons shall degree of a yeoman, and under.

* Not now. See stat. 14 Geo. 3, c. 58.

+ Id.

HH

be chosen knights of the shires.

VI. STATUTE 5 William & Mary, c. 7, [A. D. 1694,] intituled An Act for granting to their Majesties certain Rates and Duties upon Salt, and upon Beer, Ale and other Liquors, for securing certain Recompenses and Advantages in the said Act mentioned, to such Persons as shall voluntarily advance the sum of Ten Hundred Thousand Pounds towards carrying on the War against France.

57. No member of the house of commons shall at any time be concerned directly or indirectly, or any other in trust for him, in the farming, collecting or managing any of the sums of money, duties, or other aids, granted to their majesties by this act, or that hereafter shall be granted by any other act of parliament; except the commissioners of the treasury, and the officers and commissioners for managing the customs and excise, not exceeding the present number in each office, and those appointed to be commissioners for putting into execution an act, intituled "An Act for granting to their Majesties an Aid of Four Shillings in the Pound for One Year, for carrying on a vigorous War against France," as to their executing only the authority of the said act, by which they are appointed commissioners.

VII. STATUTE 5 William & Mary, c. 20, [A. D. 1694,] intituled An Act for granting to their Majesties several Rates and Duties upon Tonnage of Ships and Vessels, and upon Beer, Ale and other Liquors, for securing certain Recompenses and Advantages in the said Act mentioned to such Persons as shall voluntarily advance the Sum of Fifteen Hundred Thousand Pounds towards corrying on the War against France.

Sect. 20 establishes the Bank of England.

33. And whereas some doubts may arise whether any member or members of parliament may be concerned in the corporation [i. e. the Bank of England] to be erected in pursuance of this act, be it enacted, that it shall and may be lawful to and for any member or members of the House of Commons to be a member or members of the said corporation for the purposes in this act mentioned.

48. And to the end that the great duties of excise, and the power given for the collecting and levying the same, may not be employed for the influencing of elections of members to serve in parliament, which elections, by the constitution of this government, ought to be free and uncorrupt, be it enacted, &c., That no collector, supervisor, gauger, or other officer or person whatsoever, concerned or employed in the charging, collecting, levying or managing the duties of excise, or any branch or part thereof, shall, by word,

message, or writing, or in any other manner whatsoever, endeavour to persuade any elector to give, or dissuade any elector from giving his vote for the choice of any person to be a knight of the shire, citizen, burgess, or baron, of any county, city, borough, or cinque port, to serve in parliament [under a penalty of 1001.], and on conviction such person shall thereby become disabled and incapable of ever bearing or executing any office or place concerning or relating to the duty of excise, or any other office or place of trust whatsoever, under their majesties, their heirs or successors.

VIII. STATUTE 7 Will. 3, c. 4, [A. D. 1695,] intituled An Act for preventing Charge and Expense in Election of Members to serve in Parliament.

of the writ,

becomes

any present

Whereas grievous complaints are made, and manifestly appear to be true, in the kingdom, of undue elections of members to parliament, by excessive and exorbitant expenses, contrary to the laws, and in violation of the freedom due to the election of representatives for the commons of England in parliament, to the great scandal of the kingdom, dishonourable, and may be destructive to the constitution of parliaments: Wherefore, for remedy therein, and that all elections of members to parliament may be hereafter freely and indifferently made without charge or expense; be it enacted and declared, That no person or persons hereafter to be elected to Candidates, serve in parliament for any county, city, town, borough, port or after the teste place within the kingdom of England, dominion of Wales, or town or after any of Berwick-upon-Tweed, after the teste of the writ of summons to such place parliament, or after the teste or the issuing out or ordering of the vacant, writ or writs of election, upon the calling or summoning of any giving or parliament hereafter, or after any such place becomes vacant here- promising after, in the time of this present or of any other parliament, shall or reward to or do hereafter, by himself or themselves, or by any other ways or any person means on his or their behalf, or at his or their charge, before his having vote, for being so or their election to serve in parliament for any county, city, town, elected, borough, port or place within the kingdom of England, dominion of Wales or town of Berwick-upon-Tweed, directly or indirectly give, present or allow to any person or persons having voice or vote in such election, any money, meat, drink, entertainment or provision, or make any present, gift, reward or entertainment, or shall at any time hereafter make any promise, agreement, obligation or engagement to give or allow any money, meat, drink, provision, present, reward or entertainment to or for any such person or persons in particular, or to any such county, city, town, borough, port or place in general, or to or for the use, advantage, benefit, employment, profit or preferment of any such person or persons, place or places, in order to be elected, or for being elected, to serve in parliament for such county, city, borough, town, port or place.

* See 3 Dougl. 7; and 1 Peck. 185, 214, 401.