knights by order, as well as knights by tenure. The expreffion is continued to this day, though it seems never to have been of any binding force, and is not mentioned in 23 H. 6. c. 15. The claufe, although of no fubftantial use, has obtained reverence from time, and anfwers at leaft the purpose of im-. preffing upon the electors an idea of the antiquity of their privilege. countics. 9 An. c. 5. But as every one, who had a knight's fee Qualification for (which was but 401. a year in free land), was, before the abolition of the feudal tenures, capable of and liable to be made a knight, it. became neceffary to enlarge the qualification as wealth increased, when the value of a man's property was once adverted to as a criterion to direct the choice; and accordingly it is enacted, that no person shall be capable to fit or vote as a member of the house of commons, for any county, city, or borough, within England or Wales, &c. who fhall not have an eftate, freehold or copyhold, for his own life, or for fome greater eftate, either in law or equity, over and above what will fatisfy and clear all incumbrances that may affect the fame, within England or Wales, or the town of Berwick upon Tweed, of the annual value of 6001. for every knight of a fhire above reprises, and of 3001. above reprises for any other member. A mortgage is no qualification until after the mortgagee . 5. has been 7 years in poffeffion. And if any perfon, who fhall be elected or returned, fhall not at the time of fuch election and re turn 4 Swearing to qualification, if required. be returned. turn be seised of, or intitled to, fuch estate as before mentioned, fuch election and return 9 An. c. 5. f. 5. fhall be void; and by the fame act, any perfon who fhall appear as a candidate, or fhall be proposed to be elected, upon reasonable request to him to be made at such election, or before the day prefixed in the writ of fummons for meeting of parliament, by any candidate, or any two or more persons having right to vote at fuch election, fhall fwear to his qualification in manner thereby prescribed (for which oath fee the Appendix), which Qualification to oath of qualification is alfo thereby directed to be returned into the chancery or king's bench, within three months after the election, under a penalty upon the fheriff of one hundred pounds; one half to the informer, and one half to the poor: and, if the candidate fo required refuses to take the oath at the time of election, or before the day in the writ mentioned for the meeting of parliament, his election is void. This act, however, excepts the eldest fon and heir apparent of a peer, or of a perfon qualified to be a knight of the fhire, and the burgeffes chofen for the two Universities; and, by a fubfequent act of parliament, every perfon, chofen to ferve as a member of parliament, must swear to his qualification, accord33 G. 2. c. 20. ing to the terms prefcribed in the latter act, before he fits at a debate of the house, or votes, and fhall give in a roll or schedule Giving in a fwearing, qualification and containing the particulars of his qualification, of what the fame confifts and where fituate, though not or or his election fhall be declared void, and a On objection, a new writ fhall iffue. Befides thefe ftatutes, there is a refolution of the house of commons 18 Journ, 629. of the year 1713, which was made a standing order on the 21ft of November 1717 (now in force), that if the qualification of a perfon returned was exprefsly objected to by a petitioner against the election, he fhall, within fifteen days after, give in a rental to the clerk of the house of commons; and the petitioner fhall do the fame, if the fitting member queftions his qualification, and if the fitting member does not give in his qualification, his election is void. The fitting member's elec rental to be given in. tion was declared void in the Colchester cafe Colchester Ca. for not complying with this order; and the Lud. 416. statement in the petition, that the fitting member was a bankrupt, and had no eftate and effects at the time of election, was held an expref's objection to the qualification, within the meaning of the ftanding order, and bound the party to have given in a rental. And the fame refolution and order is held to extend to cafes where the electors only petition. any time before finished. In the Bristol cafe, objection was taken, 18 Mar. 1786. that the qualification of Mr. Cruger, who Qualification was elected, was executed during the poll; the election is but the objection was over-ruled. The earlieft period at which the ftatute of 9 Anne requires the party chofen to be duly qualified, is at the election; but there being no election till the poll is finifhed (as will be fhewn in a Who qualified for cities and boroughs. Refiancy. fubfequent chapter), the decifion feems clearly right, fo far as depends upon the time. However, the qualification' itself is now, or may be, in a great measure, evaded; for in the fame cafe, though the conveyance was made during the poll to a trustee (Cruger himfelf being in America at the time) in confideration of 10,000l. not a farthing of which was paid at or after the time of conveyance, but was fecured only by a subsequent mortgage of the estate pretended to be fold, and though it appeared to have been the fame eftate formerly conveyed to Mr. Cruger to give him a qualification on a former election, yet the committee muft, by confirming the election, have determined this a fufficient qualification. No particular rank or quality is neceffary for citizens and burgeffes; but they are required, by the ftatute of Anne before mentioned, to have 3001. clear (as in case of knights) in freehold, meffuages, lands, or tenements; and the ftatute of G. 2. and alfo the refolution of the house before mentioned, extends to them the fame as to county members. Integrity and abilities are pointed out as the qualities to recommend citizens and burgeffes to the choice of their electors, the words being in most of the old writs" de difcretioribus "probioribus & legalioribus." It is not neceffary that citizens and burgeffes fhould be refiant in their respective cities and boroughs, or that their qualification fhould be local. The acts of *parliament For 1 Dougl. 286. Led. 294. 1bid 91. Glanv. 26. 74. 25.7. Vid. Leicester parliament requiring refiancy were never attended to, although they contained ftrong 1 H. 5. c. 1. words; Lord Coke holds them to be directory only. The refolutions of the house had, in various inftances, difpenfed with refiancy, notwithstanding these statutes: it has lately been thought more decent to repeal them by act of 14 G. 3. parliament. In the Bristol cafe it was fettled, and upon very old authorities, that a perfon is eligible, though he does not ftand until a a fecond or fubfequent day of the poll. merly, it was very common to elect the two members at confiderable intervals, and it was esteemed an honour to be first chofen. * All perfons, free from difqualification, Sir Humph. are eligible against their inclination; and, after their election, cannot renounce their return, but muft ferve in the truft conferred upon them, it being a trust not for their own, but Glanv. 101, for the public benefit; and for the fame reafon 4 Inft. 49. it is, that the king cannot grant to a fubject an exemption from ferving as representative of the people. In the infant state of reprefentation indeed, patents of exemption were fometimes granted, as well to individuals as to boroughs. The effects of the latter ftill operate on many places; it is our happiness, however, no longer to confider fuch grant as the release of an obligation, but as the privation of a right. * There is no other way of avoiding the feat, but not taking the oaths, or neglecting to give in a qualification, pursuant the ftatute of G. 2. unlefs by getting fome office, which vacates the fear. fhire Ca. 8 Feb. 1705-6. Hook's Cafe. vid. 1 Dougl. 281. Prynne's An- P. 32. Ruffn. |