Selected quad for the lemma: kingdom_n
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A38209
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The bill for regulating abuses in elections of members to serve in Parliament as it was read a second time, and committed, by the House of Commons, upon Saturday the 5th of April, 1679 : and now offered as advice to the consideration of the whole kingdom.
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England and Wales. Parliament.
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1679
(1679)
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Wing E2532; ESTC R32902
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4,128
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6
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THE BILL For Regulating Abuses in ELECTIONS OF MEMBERS To serve in PARLIAMENT As it was read a second time and Committed by the House of Commons upon Saturday the 5th of April 1679. And now offered as Advice to the consideration of the whole Kingdom FOR the remedying the many and great disorders miscarriages inconveniences disputes and contests arising about the Elections and Returns of Knights Citizens and Burgesses to sit in Parliament Be it Enacted by the Kings most Excellent Majesty Lords Spiritual and Temporal and Commons assembled That for the time to come every person that at the time of any Election of Knights of any Shire or County at large is and by the space of one year next before such Election hath been a Householder and Inhabitant in the same County and within the same by all that time hath been without fraud or design thereby to enable himself to give Voice charged rated taxed to and have payed and born his Scot and Lot towards the maintenance and defraying the Poor and other publick Charges and Payments and who is not under one and twenty years of age and is worth two hundred pounds in Fee clear Estate of his own over and besides his Debts Charges and Engagements by him owing and payable or ingaged in and none other shall have Vote Voice and be Elector of Knights of the County or Shire wherein he so inhabits or dwells That in every In-Shire City or Town that is both City and County and in every other City Town Burrough or place that now do or hereafter shall send Members to the Parliament except the Cities of London York Norwich Exeter and Bristol every person at the time of such Election of Members for to sit in Parliament for any such place that at the time of such respective Election and by the like space of one year before hath been a Householder and Inhabitant within such respective City Town Burrough or place except before excepted and by all that time hath been there charged rated taxed and paid Scot and Lot without fraude as aforesaid and not under one and twenty years of Age And none others shall have Vote and Voice and be Elector in such respective City Burrough Town or place any Law Charter or non obstante in any Charter to the contrary notwithstanding And that the respective Sheriffs and other Officers to whose care and management the Elections are committed have hereby power and authority to administer unto and to examine upon oath the parties themselves concerning the Qualifications and Matters aforesaid That for the future no person by himself or others by or with his consent and approbation shall by feasting treating entertaining with meat drink or otherwise or by bribes presents rewards or gifts given spent promised or engaged to upon or amongst the Electors or to or for their use or benefit or to or for the only benefit or advantage of any County City Town or place sending members to Parliament or the Inhabitants thereof or under any pretended Charity for the poor of any such Town or place directly or indirectly labour or endeavour to obtain or procure Elections of any person or persons to be Members or Representatives to sit in Parliament under the pains and penalties ensuing to wit that every such person so labouring or indeavouring by any such undue and illegal ways and means shall be hereby disabled and uncapable of being or fitting as a Member of that Parliament and also shall forfeit the sum of five hundred pounds And that the City Town or place where any such feasting treating or entertaining shall be manifestly and notoriously admitted or suffered shall from that time forfeit their Priviledge of sending members to Parliament And in lieu thereof an Election to be made of Members in their stead in some other Town or place within the same County or else in the County at large as the house of Commons in the next ensuing Parliament that shall have or take notice of such forfeiture shall appoint and direct And it is hereby further Enacted that all and every Justice of the Peace Mayor Bayliffs and Constables having Jurisdiction or Authority in any such Town or place for the suppressing and preventing the misdemeanours and evil practises aforesaid are hereby commanded and required not to permit any such feastings treatings or entertainments for or in order to the end aforesaid but upon Oath and Examination which they are hereby impowered to administer or upon their own view to arrest and apprehend all such misdoers and them to Commit to Goal there to remain till they give good and sufficient security not to offend in that kind for the future and appear at the next Assizes or general Sessions of the Peace for the County or place where the offence shall be committed there to be proceeded against and punished for his said offence according to Law And that if any of the Officers or Ministers aforesaid having information upon Oath or other sufficient evidence of the fact shall refuse or neglect to do his duty herein he shall forfeit the sum of one hundred pounds for every such neglect or refusal And that if any Mayor Recorder Alderman Town-clerk Burgess Portreeve Bayliff Magistrate or Officer shall permit or suffer himself to be feasted treated or entertained or shall directly or indirectly accept take or receive any bribe gift present or reward to the intent and end aforesaid he is hereby disabled to give any Vote or to be Elector and moreover shall for every such offence forfeit the sum of one hundred pounds And it is hereby likewise Enacted that no Writ or suit shall be hereafter sewed prosecuted or proceeded for wages or any sum or sums of money due or demandable for wages by any Knights Citizens or Burgesses for or in respect of their services in Parliament but all such wages are and from henceforth stand released and discharged and for the avoiding of the abuses and undue means too often used by Sheriffs Undersheriffs Mayors Bayliffs and Officers about such Election and Returns and that there may be just fair and legal Elections and Returns hereafter made Be it further Enacted by the Authority aforesaid That no Sheriff Portreeve Bayliff Magistrate or Officer except onely when need requires from the Evening to the morning of the next day succeeding till Election be determined or to some convenient place within two miles of the Town or place appointed or set for such Election shall adjourn the said Election from that day or place appointed or set for the same but shall fairly and indifferently proceed to finish the Election as soon as conveniently he can at the time and place appointed without any other adjournment there as aforesaid And if any Adjournment de facto be made contrary to this Act the proceeding afterward shall be void and the person that had the majority of Voices at the time of such unlawful Adjournment shall be the person duely Elected and shall be
returned so to be And if any person shall hereafter be for consideration of money bribes presents gifts or rewards directly or indirectly given or promised or ingaged to be given or for fear or favour by any Sheriff Mayor Bayliff Portreeve or Officer wrongfully and unduly Returned to be the persons Elected which in truth and realty was not Or if any Sheriff Undersheriff their Clarks or Ministers or any Mayor Recorder Town-Clark Portreeve Bayliffs or other Officer or Magistrate intrusted with the ordering or making such Election or Returns shall not fairly justly honestly and impartially according to the best of his skill and diligence act and do his duty in the premises in every such case the party offending shall forfeit if a Sheriff the sum of five hundred pound if a Mayor or other Officer or Minister two hundred pound and treble damages to the party grieved and that all securities promises and engagements made or given to any Officer for the indemnifying of saving harmless concerning the premises shall be absolutely voyd and of no effect and every party giving or making such securities promises or ingagements to forfeit five hundred pound for his offence in so doing And further for the avoiding all exactions extortions and briberies under the pretence of gratuities presents or recompence for dispatch or towards charges or otherwise by any Sheriff Undersheriff Sheriff's-Clark or Minister or by any Mayor Portreeve Bayliff or other Officer or Minister hereafter to be taken Be it Enacted That none of the said Officers or Ministers shall directly or indirectly take have or receive or agree or contract to have or receive for any warrant or present upon or by Vertue of any Writ for Election for Parliament or for any return of any Writ Mandate or Precept above the sum of two Shillings six pence under the pain of forfeiting ten times as much as he shall in such case take over and besides the sum of two Shillings six pence together with costs in every such suit to be recovered All and every the penalties and forfeitures aforesaid except the said forfeitures of treble damages to be recovered by him or them that shall and will sue for the same in any Court of Record within the space of one year next ensuing such cause of action accrued in which suit there shall be no allowance of or admission of any priviledge of Parliament or other priviledges or of any Protection or Injunction nor of any Plea of another action or information for the same offence depending except Oaths be made in the Court where-such plea shall be pleaded by both the Defendant and Plaintiff and real Prosecutor therein that the same is really and bona fide brought for recovery of the forfeiture herein without any fraud or design to excuse or defend the offender from the forfeiture by the Statute imposed which the Court where such pleas shall be pleaded are hereby enabled to examine and according to the truth and realty thereof to allow the said Plea or not And for the better observation of this Act All Sheriffs of Counties at large shall in the place where the Election is to be made immediately before they proceed to take the Votes of the Electors cause this Statute to be audibly read in the presence of the Electors And that all Sheriffs of Inn-shires or Citys or Towns that are Counties of themselves Mayors Portreeves Bayliffs and other Officers and Ministers respectively shall immediately after the receipt of any writ or precept for such Election or certain knowledge of a Parliament to be chosen set up this Act in their respective Halls or other publick places to be read and viewed and also on the next Lords day after such certain notice of such Parliament to be chosen or after receipt of such writ precept or mandate for such Election and before the time of the Election cause and procure this Statute to be publickly and audibly read in the Churches of their Counties Cities Towns or Burroughs where such respective Elections are to be immediately after Divine Service ended and before the people assembled are departed And further for the prevention of the long continuance of any Parliament for the future and thereby depriving the King and Kingdom of the benefits of successive Parliaments It is hereby Enacted That no Parliament shall hereafter have Continuance in any manner by Prorogation or Adjournment or Session or partly by one and partly by the other or otherwise howsoever for above the space of two years from the day of the return of the writ of Summons next ensuing but at the end of the said two years shall be ipso facto dissolved And that in every Indenture hereafter to be made or sealed by any Electors there be a Clause therein inserted That the person or persons are hereby authorised to serve in Parliament for the space of two years from the day of the return of such writ of Sumons next ensuing if the said Parliament shall so long continue and no longer FINIS