Great Britain or of Commissioners for choosing Burgesses in Scotland to administer the Abjuration upon Oath or Affirmation to Quakers and Electors refusing it incapable to vote or being a Quaker shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act of Parliament made 7 W. 3. to be administred by the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members to serve in the House of Commons for any Place in Creat Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present shall not be capable of giving any Vote for any Election of any such Member to serve in the House of Commons for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland That no Register for the Registring Memorials of Deeds St. 6 Ann. c. 35. The Register for the East-Riding of Torâ—shire c. or his Deputy incapacitated Conveyances Wills c. within the East-Riding of the County of York or the Town and County of Kingston upon Hull or his Deputy for the Time being be capable of being chosen a Member to serve in Parliament Vide ante 212. That no Person shall be capable to sit or vote as a Member of the House of Commons St. 9 Ann. Persons incapacitated to sit or vote in the House of Commons who have not an Estate Freehold or Copyhold for Life or greater in England of 600 l. for a Knight of the Shire manfully and 300 l. for a Citizen Burgess c. and if any such elected c. the Election c. void for any County City c. within that Part of Great Britain called England c. who shall not have an Estate Freehold or Copyhold for his own Life or for some greater Estate either in Law or Equity to his own Use in Lands Tenements or Hereditaments above what will satisfy and clear all Incumbrances within that Part of Great Britain called England c. of the annual Value of six hundred Pounds above Reprizes for every Knight of a Shire and of three hundred Pounds above Reprizes for every Citizen Burgess c. And if any Persons elected or returned to serve in any Parliament as a Knight of a Shire or as a Citizen Burgess c. shall not at the Time of such Election and Return be seized of or intituled to such an Estate before required such Election and Return shall be void Nothing in this Act contained shall extend to make the eldest Son or Heir Apparent of any Peer or Lord of Parliament Eldest Son or Heir Apparent of a Peer or Person qualified to serve as a Knight of a Shire excepted Universities in England also excepted or of any Person qualified by this Act to serve as Knight of a Shire uncapable of being elected and returned and sitting and voting as a Member of the House of Commons Nor extend to either of the Universities in that Part of Great Britain called England but that they may elect and return Members to represent them in Parliament as heretofore they have done No Person shall be qualified to sit in the House of Commons No Person qualified by Virtue of a Mortgage unless in Possession of the mortgaged Premisses for seven Years before his Election by virtue of any Mortgage whereof the Equity of Redemption is in any other Person unless the Mortgagee shall have been in Possession of the mortgaged Premisses for seven Years before the Time of his Election Every Person except as aforesaid who shall appear as a Candidate Candidates to be sworn to their Estates if required by any other Candidate or two Electors or shall by himself or any others be proposed to be elected shall upon Request at the Time of such Election or before the Day to be prefixed in the Writ of Summons for the Meeting of the Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having Right to vote at such Election take a Corporal Oath in the Form in this Act contained which see ante The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff Before the Sheriff or other Officer by whom the Poll is to be taken or Return made or 2 or more Justices of the Peace The Election and Return of Candidates refusing to take the Oath void for any County or by the Mayor Bailiff or other Officer or Officers for any City Burrough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. And if any of the said Candidates c. shall wilfully refuse to take the Oath the Election and Return of such Candidate or Person shall be void That from and after the Determination of this present Parliament 2 St. 12 Ann. No Conveyance or Right whereon Infeoffment is not taken and Seisin registred a Year before the Teste of the Writs shall intitle the Person to be elected in any Shire or Stewartry in Scotland The like as to Inoffments not taken a Year before the Date of the Warrant for a new Writ during 〈◊〉 Continuance of a Parliament Any Elector present suâ—pecting Persons to have Estates in Trust may require the Praeses of the Meeting to swear such to their Estates no Conveyance or Right whereupon Infeoffment is not taken and Seisin registrated one Year before the Teste of the Writs for calling a new Parliament shall upon Objection made in this Behalf intitle the Person so infeost to be elected at that Election in any Shire or or Stewartry in Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoever whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf intitle the Person so Infeoft to be elected at that Election and that it shall be lawful for any of the Electors present suspecting any Person or Persons to have his or their Estates in Trust and for Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained intituled The Form of the Freeholders c. Oath to be taken upon Objection made by Stat. 12. Annae and is the same mutatis mutandis to any Elector and the said Praeses is required to administer the same In case such Elector Electee Q. refuse to Swear On Refusal to swear and subscribe the Oath incapable to be elected Stat. 1 G. 1. c. 13. and also to subscribe the said Oath such Person or Persons shall not be capable of being Elected at such Election That after the 29th of September 1715 no Person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or
Barons only i. e. By Reason of the Temporal Baronies annexed to their Bishopricks and not as they are Spiritual Persons And they further urge in Confirmation of their Opinion 1. That no Bishop notwithstanding his Election Consecration Confirmation c. can be a Lord of or sit in Parliament till the King has granted to him the Temporalities of the Bishoprick 2. N. B. Tho this Stat. was repealed by Q. Mary yet that Repeal was repealed by Q. Elizabeth c. As the Parliamt at Bury 24 E. 1. 1 Eliz. all the Acts about Religion passed Dissentientibus Episcopis See Journal Dom. Procer 11 H. 7.27 Bro. Par. 107. Kelway 184. 3 The Commons See hereafter See Sadler's Rights p. 79. to 93. That by Virtue of the Stat. 1 E. 6. c. 2. still in Force The King may constitute Bishops by his Letters Patent only without any Election or Consecration and 3. That Parliaments have been and may be held Excluso Clero exclusive of the Bishops and Clergy and that some of our most beneficial Statutes have been enacted whereto the whole Body of the Clergy dissented all which they say prove the Bishops to be no essential Part or any of the three Estates of Parliament And in Trinity Term 7 H. 8. tis agreed by all the Judges of England That the King may well hold his Parliament by himself and his Lords Temporal and Commons without any Bishops or Spiritual Lords at all The third Estate of which we shall herein principally treat is on all Hands confess'd to consist of the Knights Citizens and Burgesses with the Barons of the Cinque-Ports all which being at this Day elected by the free Votes of the Freemen of Great Britain are properly esteem'd the Representative Body of the People and constitute that Part of the Parliament usually called the House of Commons N. B. The antient Modus Tenendi Parl. reckons up six Degrees or Orders of Parliament but that Division cannot be denominated six Estates The Numbers of the Commons Numb of Commons formerly See Mr. Willis's Preface to his 1 Vol. of Net Parl. Prynn of Parliamentary Writs I find to have been formerly variant according as the Sheriffs of Counties from what Motive is uncertain were pleased to direct their Precepts to the several Cities or Burros within their respective Counties or as the same Sheriffs made their Returns thereupon But indeed another Cause of this Variation was That it was usual for the Prince on his Accession to the Throne to grant Charters to antient Demesne Vills and other popular Towns thereby erecting 'em into free Burros and this consequently gave 'em a Right to be represented in Parliament And by this Artifice among others the Crown advanced its Interests in the House of Commons For it must be confess'd That by the antient Constitution there were no Representatives of the Commons as Commons in Parliament besides the Knights for the Shires the Barons for the Cinque Ports Crompt of Courts f. 2.3 c. Stat. 23. H. 6. c. 11. the Citizens for the Cities and the Burgesses for the ancient Burros only and that the Elections for all those were to be made by such Persons only as were possess'd of Lands or Tenements held by them as Freeholds or free Burgage Tenures which consequently excluded all Villeins and Copyholders Stat. 12. R. 2. c. 12. Crom. 2.3.4.5 Bro. Ant. Dem. 43â— as also Tenants in antient Demesne which were but the King's Villeins and the Tenants and Dependants of other Lords Parl. 96. Reg. 261. Nat. Bre. 14. from being either the Electors or elected of the House of Commons Indeed the Practice of increasing the Number of the Representatives of the Commons See Bohun's Col. per Tot. began very early viz. Temp. Johan if not before for I find it a Practice of that Prince to grant usually in Consideration of Money c. Charters to Antient demesne Towns as generally all Sea-Port Towns were thereby erecting 'em into free Burroughs The Representative of London and West p. 14. 10 p. 21. Spelm. in voce Major and hence it was as I conceive That Bridport Dorchester Harwich Helstone Kingston upon Hull and divers other antient demesne Towns came to be erected into free Burros which originally had no Right of being represented in Parliament But whatever Methods were then taken to encrease the Number of the House of Commons I find their Number to be much the same from the End of H. the 6th's Reign Fortescue p. 40. to the Beginning of that of H. the 8th viz. about 300. That H. 8. MS. Penes Authorem added to their Number 38. King Ed. 6. added to their Number 44. Queen Mary added to their Number 25. Queen Elizabeth added to their Number 62. King James the 1st added to their Number 27. And King Charles the 1st about 10. or 12. so that at the Time of the Restoration of King Charles 2. I find their Numbers to have been about 500. But the Commons about that Time restrained this mischievous Practice for the Future so that they declared the Elections made by Virtue of that Prince's Charters void and as Chester had been enabled to send two Members for the County and two for the City by Virtue of a Sta. 34.35 St. 34.35 H. 8. c. 13 St. 25. C. 2. c. 9. H. 8. so an Act past in the 25 Car. 2. enabling Durham to send four Members in like Manner and thus the Number of the House of Commons stood at 513 till the Union of the Kingdoms of England and Scotland when by Virtue of the Union Act St. 5. An. c. 8. forty-five Scottish Members were added which made the whole Number of that House to be 558 as it now stands Mr. Prynn and Others observe Denominations of Parliam Prynn's Rights of the Com. c. p. 99. 99. Spelm. Glossary in verb. Parlam Debata That our Ancestors had many Expressions and Phrases which signify'd a Parliamentary Assembly as Magnates Regni Omnes Regni Nobiles Proceres et Fideles Regni Universitas Regni Communitas Regni Discretio Totius Regni Generale Concilium Regni and many others varying the Stile in successive Ages till at length it came to be fix'd in the Word Parliament See divers Records and Precedents touching this Matter in the Appendix to Mr. Petyt's Miscellanea Parliamentaria Mr. Prynn also says Prynn's Truth triumphing over Falshood c. f. 69. Petyt's Antient Rights c. p. 68. That by many antient Precedents before the Conquest it is apparent that all our pristine Synods and Councils were nought else but Parliaments and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voted in them as Members and Judges And Mr. Lambard Sir Robert Atkyns's Argument p. 18. see hereafter in his Archaeion maintains That Parliaments were used in the Saxon Times as in the Time of King Ina Ann. 712 and other Saxon Princes and that they then consisted of King Lords and Commons And that the
LL. Canuti c. 13. 14. into his Place Which Power of deposing Earls and other Officers appears to have been vested in their Folkmotes by express Provision of divers Laws both of the Saxon and Danish Kings I confess in the Case of Earl Tosty Sax. Chr. p. 171. tis said That after the People had so elected Morker to be their Earl they certified their Election to the King and intreated his Assent thereto to which the King yielded and on the Vigils of Simon and Jude sent them a Confirmation or Renewal of the Laws of King Canute i. e. That for deposing Earls c. This shews That tho the King had the Power of confirming the Earl in his Office yet he could not of himself appoint any Earl over the People without their own free Election and Consent in a Folkmote or County Parliament Now Vide Edv. Cons 32. 35. as all Titles and Dignities in the Saxon Plan of Government had both Officium and Benesicium annex'd thereto so there were divers previous Qualifications necessary to enable the Persons to be elected to such Dignity or Office Thus in Order to be a greater Thanes-worthy Qualifications and Elections of Peers c. or worthy to be elected one of the greater Thanes i. e. Lord of a Hundred he was to have such an Estate and to be an Earl or Alderman's-worthy or worthy to be elected an Earl or Alderman of a County he was to have such an Estate with other Qualifications respecting each Office So that three Things at least ought to concur in constituting an Alderman or Earl of a County as also of a greater Thane or Lord of a Hundred both which with the Bishops then made up the Body of their ordinary Folkmotes and Witenagemotes viz. 1st He was to have an Estate in Lands with other Qualifications Secondly The Election and Consent of such Freemen over whom he was to preside And thirdly The Royal Assent or Confirmation usually in Parliament And further as all the Magnates Regni Who ordinarily were Representatives of the People That Bishops were elected by the People even after the Conquest See Sadlers Rigts of the Kingdom p. 1178. 133. 134. 140. c. and all other Officers and Magistrates whether Civil or Military and even Ecclesiastical as Bishops c. were in those Times elected to their respective Offices by the Persons over whom they were to preside so they were liable for Misbehaviour in their Offices not only to a Deprivation but also to be otherwise censured and punished in their Folkmotes and other Conventions and consequently were under the strictest Guard to keep to their Duty and perform their Trust both in their Folkmotes or County Parliaments as also in the Grand Witenagemote or Supream Parliament And tho such Officer presided in the former as their Prince or King yet in the latter he was but their Representative And thus the Magnates Regni Nota. or Lords of Parliament were originally and ordinarily no other than the Representatives of the Commons or Freemen Tis true in extraordinary Cases Spel. Glos verbo Subsidium as in Granting of New Ayds or Taxes as Danegelt c. the Commons likewise attended in Parliament either in Person or by their Deputies specially authorized but such Ayds and Taxes were then very rare See Mr. Madox's Hist Exchequer c. 7. 8 9 c. the Crown in those Times being abundantly supply'd in ordinary Cases by its Rents and Revenues both certain and casual as Fines Forfeitures Escheats the third Part of the Profits of all Leets Hundreds Counties and other Courts Ayds to make the King's eldest Son a Knight Vide Paulus Manut. De Legihus Romanis to marry his eldest Daughter c. all which I take to be of a British or Roman Original Besides which if we consider the vast Profits and Revenues then arising from the antient Demesne and other Crown Lands we may easily Grant That the King had rarely any Occasion for extraordinary Ayds For the Tenants of those Lands Spel. Glos verbo Villenagium holding the same in Villenage and they themselves being esteemed as the Villani Regis the King could not only Tax 'em at his Pleasure but also appoint 'em what Officers and Magistrates and even out 'em of their Possessions as he pleased and therefore Tenants in antient Demesne while they continued such 〈◊〉 were never esteemed Freemen they never served on Juries never voted for Members of Parliament nor ever contributed to their Expences In short They were thought to be so far under the Power and Influence of the Crown as not to be in any wise entrusted with the Peoples Liberties Sir H. Spelman in his Glossary In verbo Subsidium p. 527. says thus I find not that the antient Saxon Kings had any Subsidies c. But they had many Customs whereby they levyed Money of the People or Personal Services towards building repairing of Cities Castles Bridges Military Expeditions c. call'd Burgbote Bridgebote Herefare Heregeld c. But when the Danes oppress'd the Land King Egelrede or Ethelred Anno 1007 yielded in a Parliament to pay them 10000 l. which was afterwards encreased to 36000 l. then to 113000 l. and lastly Note this Assessment was doubtless with Consent of the Commons Q. If Church-men were not Procuratores aut Participes Danici Subsidii to a yearly Tax or Tribute of 48000 l. This was called Danegeld and for raising it every Hyde or Plough of Land was cessed at 12 d. yearly the Church-Lands excepted which therefore was called Hydage and Carvage which Name afterwards remained upon all Subsidies and Taxes imposed upon Lands for sometimes it was imposed upon Cattle and then twas called Horngled But tho' the Saxon Witenagemotes were so ordinarily held per Regem cum Magnatibus Regni Yet it is very Evident that when any matters were to be there Transacted which in general concerned the Body of the Freemen of the Kingdom in such cases the Rule was Quod tangit omnes tractetur ab omnibus and nothing could be determined in their Parliaments relating to Peace or War new Ayds Taxes or other publick charges on the People without their Common Assent either in Person or by special Representatives Tis true See Madox ut ante the Saxon Kings had very rarely any such Ayds Taxes or Subsidies as are granted to our Kings at this Day The vast Profits arising to the Crown in those Days consisted in the Rents and Produce of their antient Demeasn Lands the third Part of the Profits of all the County and other Courts in the Kingdom besides the many other Incomes on Fines Forfeitures and other Penalties and other Revenues certain and casual made it seldom necessary to Tax the People by a Parliament They had also says Spelman many Customs In verbo Subsidium whereby they levied Money of the People or exacted their Personal Services towards the Building and Repairing of Cities Castles and Bridges for Military Expeditions c. which they called Burg-bote
a Proxy upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks if a Baron 100 s. c. It seldom happeneth Towns Col. 4.39 40 42. That any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one John Archbishop of Canterbury Id. 34. had this Parliament five Proxies 1 Eliz. a Lord of Parliament by License obtained of the Queen to be absent 4 Inst 12 13 made a Proxy to three Lords of Parliament one of which gave Consent to a Bill the other two said Not Content And it was by Order of the Lords debated among the Judges and Civilians Attendants and conceiv'd by them That this was no Voice and the Opinion was affirmed by all the Lords That it was no Voice 2 Car. 1. 1626. the House of Peers made an Order Rush Col. 269. That after this Session no Lord of this House shall be capable of receiving above two Proxies or more to be numbred in any Cause voted In the Lords House Arc Parl. 12. Smith's Common-wealth 87. the Lords give their Voices from the puisne Lord seriatim by the Word Content or Not Content 4 Inst 34. First for himself and then severally for so many as he hath Letters and Proxies A Bill had three Readings in one Forenoon Towns Col. 11. in the House of Lords Towns Col. 9. Where a Committee of Lords is selected out to meet with another Committee of the House of Commons neither the Judges being but Assistants nor the Queen's Council being but Attendants of and upon the House were ever nominated a Joynt-Committees with the Lords But when the Lords among themselves do appoint a Committee to consider of some ordinary Bill especially if it concern Matter of Law it hath been antiently used and may still without Prejudice to the Honour of the House that the King's learned Council but especially the Judges may be nominated as Committees alone or as Joynt-Committees with the Lords January 19. 1597. 39 Eliz. it was resolved Towns Col. 94. Sir Simon d'Ewes Jour That the Order and Usage of this House was and is that when any Bills or Messages are brought from the lower House to be preferr'd to the upper House the Lord Keeper and the rest of the Lords are to rise from their Places and to go down to the Bar there to meet such as come from the lower House and from them to receive in that Place their Messages or Bills Contrariwise when any Answer is to be delivered by the Lord Keeper c. In passing of Bills Arc. Parl. 5. if the Not Contents be most then the Bill is dash't i. e. the Law is annihilated and goeth no further If the Contents be the most then the Clerk writeth underneath Soit baile aux Commons i. e. Let it be delivered or sent to the Commons 3 Car. 1. 1626. resolved upon the Question Rush Col. 365. That the Priviledge of this House is that no Lord of Parliament the Parliament sitting or within the usual Time of Priviledges of Parliament is to be imprison'd or restrain'd without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace Giving the Lye to a Peer Nalson 380. Hakewel 84. Vide Kel wey 184. Vid. Lord Hollis's Letter Vid. Lord Hollis's Remains Vid. contra Hunt's Argument for the Bishops Right c. Vid. Grand Question concerning Bishops Right per totum is a Breach of Priviledge Ever since the Conquest the Archbishops and Bishops have no Title to have Voice and Place in Parliament but only in respect of their Temporal Baronies where they are present quousque perveniatur ad Diminutionem Vitae c. When a Question is had of the Attainder of any Peer Hakewel 84. Vid. contra Hart ut supra per tot Vid. Grand Question concerning Bishops Right c per tetum or other in Parliament the Archbishops and Bishops depart the higher House and do make their Proxies for by the Decrees of the Church they may not be Judges of Life and Death 11 Rich. 2. Divers Lords and others being appealed of Treason and other Misdemeanors the Prelates absented themselves during the Trial Selden of Judicature p. 150. Vid. there the Protestation of the Bishops Ibid. 151. having first made Protestation saving their Right to be present in Parliament The Protestation I think intends That they could not be present by Reason of the Common Law and by Reason of an Ordinance made at the Council at Westminster in 21 Hen. 2. by which all Clergymen were forbidden agitare Judicium Sanguinis upon Pain to be deprived both of Dignities and Orders For surely as I think they might otherwise have been present both by the Common Law and by the Law of God Sed Quere All the Lords Spiritual and Temporal Selden's Judicature c. 39. 11 Rich. 2. claimed as their Liberty and Franchise that the great Matters moved in this Parliament and to be moved in other Parliaments in Time to come touching the Peers of the Land ought to be admeasured adjudged and discussed by the Course of the Parliament and not by the Civil Law nor by the Law of the Land used in the more base Courts of the Realm which the King granted in full Parliament The Proceeding against a Peer in Parliament is not necessary Id. 53. Q. It appears that the Lords cannot of themselves judge a Common Person for an Offence Id. 61. for he is no Peer according to that of 4 E. 3. Numb 26. 1 Rich. 2. Id. 123. The Lord Beauchamp was sworn and examined and the Duke of Lancaster being one of the Committee was diligently examin'd before the rest of the said Committee but not sworn ad testificandum Vid. rost Earls and Dukes are not sworn on Trials c. in Parliament In Judgments on Delinquents in Parliament Id. 132. the Commons might accusare petere Judicium and the King assentire but the Lords only did judicare The King's Assent ought to be to capital Judgments Id. 141. Vid. Id. 144 14â— 148 154 158. and the Lords Temporal to be only Judges therein and not the Lords Spiritual but in Misdemeanors the Lords Spiritual and Temporal are equal Judges and the King's Assent is not necessary Id. 136. yet it seemeth that the King's Assent is necessarily required in capital Causes and Judgments If a Peer be committed to Prison the Gentleman Usher hath the Charge of him thither and the Serjeant attending on the Great Seal How Lords of Parliament shall be placed in the Parliament Vide Stat. 31 Hen. 8. c. 10. Vid. 4 Inst 362. Rot. Parl. 3 H. 6.10 Arcana Parl. 70. and other Assemblies and Conferences of Council A Peer of the Realm shall be tried in an Appeal by Knights c. and not by his Peers because it is at the Suit of the Party Brook 142 153. Otherwise it is in an Indictment of Treason or Felony for that it is at the Suit of the King The
Parliament began in October 28. Mor. rep 551. Sir Simon d'Ewes Jour 441 442. Moor 551. Eliz. and continued 'till the 29th Tho. Egerton Solicitor General was by Writ commanded to attend in Parliament upon the Lords in the upper House and after he had attended there three Days he was chosen a Burgess for Reading in Com. Berks and upon the Return of him the Commons went to the House of Lords and demanded that he might be dismissed from further attendance there and come into their House But upon Consultation and Defence made by himself the Lords retain'd him and the main Reason was because they were first posessed of him And in 5. Mor. ut Sup. Simon d'Ewes Jour 121 Col. 1 2. Eliz. Ouslow being a Member of the lower House upon a Prorogation of Parliament was made Solicitor General and when the Parliament met again he was commanded by Writ to attend the Lords House tho' chosen Speaker of the House of Commons but the Commons demanded him and it was granted because he was a Member of the lower House first so that this was the difference between his Journ Dom. Co. 21. Jac. 1.10 Martij Vid. Petyts Miscell Parl. 174. and the case above Sir Dudley Diggs said that in that Parliament when Bacon Attorney was in Question whither he ought to sit in the House of Commons or no twas over-ruled he ought not but yet in favour of him he was suffered to sit there and an Express order was made that never any other Attorney after should So careful were our Ancestors not to admit any to be a Representative of the People who was a Dependant on or could be influenc'd by the Court c. 18 Eliz. 1585. Concluded by the House Sir Simon d'Ewes Jour 249. Col. 1. that Mr. Serjeant Jeffreys being one of the Knights returned for Sussex may have Voice or give his Attendance in this House as a Member of the same notwithstanding his Attendance in the Upper House as one of the Queen's Serjeants for his Counsel there where he hath no Voice indeed nor is any Member of the same 23 Eliz. 1580. Popham Solicitor General Id. 281. Col. 1. upon demand made by the House was restored to them by the Lords beause he was a Member of the House of Commons and they possessed of him before he was Solicitor or had any Place of Attendance in the Upper House No Sheriff shall be chosen for a Knight of Parliament nor for a Burgess why Book of Entr. 41.1 Crompton's Jur. 3. 4 Inst 48. because nominated by the Crown 1. Car. 1. The Sheriff of the County of Buckingham was chosen Knight for the County of Norfolk and return'd into the Chancery and had the Priviledge of Parliament allow'd to him by the Judgment of the whole House of Commons Vide de hoc Pro Con Sir Simon d'Ewes Journal 38 436 624 625. 1 Jac. 1. Scobel 96. Sess 2. Sir John Peyton Kt. returned the last Session and since chosen Sheriff Resolv'd upon the Question that he shall attend his Service here The Personal Residence and Attendance of Sheriffs is required within their Bailywicks Rush Coll. vol 1.684 685. during the time of their Sheriffwick Mr. Walter Long being Sheriff of Wilts was after chosen Citizen for Bath and for that Offence was committed and fined viz. because he sate and served in Parliament Sir Andrew Noel Touns Col. 185. Vid. de hoc Sir Simon d'Ewes Jour 38. Col. 1 2. 624. Col. 2. Kt. Sheriff of Rutland returned himself Knight and adjudged a void Return and a Warrant ordered for a new Election For said Serjeant Harris we know in Law that a Man cannot make an Indenture to himself no more can he here between himself and the County for there are required two Persons Yet Sir Edward Hobby said That the House might well receive him and vouched a Precedent when the Bailiffs of Southwark returned themselves Burgesses and were received See also Bohun's Collection 81.143.153.188.243.253.254 The Fee for the Knight of any County is four Shillings per Diem England and every Citizen or Burgess is to have two Shillings per Diem 4 Inst 46. Where one Person is chosen and returned to serve in several Places Scobel 18. Vide Sir S. d'Ewe's Jour passim it is in his Election to make his Choice in the House in his own Person for what Place he will serve and wave the other Election so as a Writ may issue for a new Election that the Number may be full No Tallage or Aid shall be taken or levied by Us or our Heirs St. So. E. I. c. 1. Of the Elected vide ante 14.21 in our Realm without the Goodwill and Assent of Archbishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land The King wills and commands Stat. 5. R. 2. c. 4. Persons and Commonalty summoned to attend c. as of old and it is assented in Parliament by the Prelates Lords and Commons That all Persons and Commonalties which shall have the Summons of Parliament shall come to the Parliaments in the Manner as they are bound to do and have been accustomed within the Realm of England of old Times And if any Person of the same Realm Knights Citizens and Burgesses absenting to be a merced and punish'd as in Old Times which shall have the said Summons be Knight of the Shire Citizen of City Burgess of Borough or other Person Commonalty do absent himself and come not at the said Summons except he may reasonably England and honestly excuse him to our Lord the King he shall be amerced and otherwise punished as in old Times hath been used c. That Knights of Shires which shall be chosen in every Shire St. 1. H. 5. c. 1. Knights of Shires to be elected of such only who reside within the Countries at the Dat. of the Writ be not chosen unless they be resident within the same Shire the Day of the Date of the Writ of Summons And that the Citizens and Burgesses of the Cities and Boroughs be chosen Men Citizens and Burgesses to reside in and be free of the Cities and Boroughs Citizens and Burgesses resient dwelling and free in the same Cities and Boroughs and no other in any wise That such as have the greatest Number of them that may expend 40 s. by the Year Knights of Shires shall be such as have the majority of those that can expend 40 sa Year or more and be resident and above shall be returned Knight of the Shire c. and that they which shall be chosen shall be dwelling and resient within the same Counties Ordained St. 23. H. 6. c. 15. Citizens and Burgesses only to be elected by Citizens and Burgesses and the Sheriff to direct his Precept accordingly c. That every Sheriff after the Delivery of any Writ of Election to him shall make and deliver without Fraud a sufficient Precept under his Seal to every Mayor and Bailiff or to Bailiffs or Bailiff where no Mayor