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tion of fidelity directed by the 1 W. & M. c. 18, shall be admitted to give any vote for the election of any

knight of the shire, citizen, burgess, or baron of the 6 Ann. c. 23. cinque ports--and the 6 Ann. c. 23. s. 13. Eng. further

provides, that every person who shall refuse to take the Oath 8c. of ab- oath of abjuration therein recited, or being a quaker shall juration.

refuse to declare the effect thereof upon his solemn affirmation, as directed by the 7 & 8 W.3. c. 34. (which oath or declaration, the sheriff, president of the meeting, or chief officer taking the poll, at any election of members for any place in Great Britain, or commissioners for. choosing burgesses for any place in Scotland, at the request of any candidate or person present at such election, are required to administer) shall not be capable of giving any vote for the election of any such member or commissioner.-By the former of these statutes catholics

are in effect disabled from voting in England. Qualification With respect to the disabilities of catholics to vote at for catholics to vote.

elections in Ireland. By the 2 Ann. c. 6. s. 24. Ir. and 2 Geo. 1. c. 19. s. 7. Ir. they were required to take the oaths of allegiance and abjuration as a qualification for voting at elections of members; but by í Geo. 2. c. 9. s. 7. Ir.

papists, though not convict, were altogether disqualified 33Geo. 3. c. 21. from voting, &c, The 33 Geo. 3. c. 21. s. 1. Ir. has since 8. 1. Ir.

however enacted, that such parts of all oaths required to.
be taken hy persons in order to qualify them for voting
at elections for members, and also such parts of all
oaths required to be taken by persons voting at elections..
for members, as import to deny that the person tak-
ing the same is a papist, or married to a papist, or edu-
cates his children in the popish religion, (which was con-
tained in the oaths prescribed by the 15 & 16 Geo. 3.
c. 16. and 21 & 22 Geo. 3. e. 21. Ir.) shall not be re-
quired to be taken by any voter; and that it shall not be
pecessary in order to enable a papist to vote, that he

shall at or previous to his voting take the oaths of alle, 3. 16. giance and abjuration. But by s. 16, no papist, &c. sball

be capable of giving his vote for the electing of any knight, citizen, or burgess to serve in parliament, until he shall have first produced and shewn to the high sheriff of the county, or bis deputy acting, and to the returning


officer of any city, &ç, at the election for such county or city, &c, a certificate of his having taken and subscribed the oath and declaration prescribed by this act, and also the oath appointed by the 13 & 14 Geo. 3. c. 35. either from the rolls office, or from the proper office of the court in which the said oaths and declaration shall be taken and subscribed. And by the 37 Geo. 3. c. 47. s. 19. 37 Geo. 3. c. 47.

s. 19. Ir, Ir. any papist, &c. who shall have taken and subscribed, or who shall take and subscribe at any time previous to the teste of the writ, the oaths and declarations contained in the 13 & 14 Geo. 3. c. 35. Ir. and 33 Geo. 3. c. 21. Ir. in one of the four courts in Dublin, or at the general sessions of the peace, or at an adjournment thereof, or at any adjournment of an adjournment, to be holden for the county, &c.'wherein such papist, &c. doth dwell, or before the going judge of assize in such county, in open court, shall be deemed to have taken and subscribed such oaths and declarations, in order to entitle him to vote at such election, provided he shall produce to the sheriff or other returning officer, a certificate of his having taken and subscribed said oaths and declarations.

The 37 Geo. 3. c. 47. s. 18. Ir. contains a provision Oath against applying to elections in general; by this act, s. 18, if taken at all

if minority to be any candidate or elector shall require it, every person elections.

37Geo. 3. c. 47. requiring to vote at any election shall, before he be ad- s. 18. LE mitted to vote, take the following oath :-“ I A. B. do “ swear (or if a quaker do affirm), that I am to the best " of my belief of the age of 21 years,” which oath or affirmation every returning officer, or his deputy, is required and empowered to administer, either by itself, or in addition to any other oath, &c. which may be tendered to such elector.”

By the 2 Geo. 2. c. 24. s. 1. Eng. every person offering Bribery and to vote at any election shall, before he shall be admitted an

"2 Geo. 2. c. 24. to vote, take the following oath, in case the same s. 1. Eng. shall be demanded by either of the candidates, or any 2 of the electors :-“ I, A. B. do swear, for being one of the people called quakers “ I, A. B. do “ solemnly affirm), I have not received, or had by myself, " or any person whatsoever, in trust for me, or for my “ use and benefit, directly or indirectly, any sam or sums

6 of

s. 1. Eng.

“ of money, office, place or employment, gift or reward, “ or any promise or security for any money, office, em“ ployment, or gift, in order to give my vote at this

“ election, and that I have not been polled before at this 35 Geo.3.c 29. “ election.” The clause of the 35 Geo. 3. c. 29. s. 60. Ir. S. 60. Ir.

is nearly corresponding, which enacts that if any candi-
date or elector shall desire it, every person offering to
vote at any election shall, before he be permitted to poll,
take the following oath :-" I, A. B. do swear, for being
of the people called quakers, “I, A. B. do solemnly affirm)
“ I have not received or had by myself or any person
“ whatsoever in trust for me, or for my use and benefit,
" or for the use and benefit of any of my family or kin-
“ dred, to my knowledge or belief, directly or indirectly,
“ any sum or sums of money, office, place, or employ-
“ ment, gift, or reward, or any promise or security for

“ any money, office or employment, in order to give my 2Geo. 2. c. 24. “ vote at this election.” But the 2 Geo. 2. c. 24. s. 1. Eng.

further requires the officer taking the poll to administer this oath gratis, on pain to forfeit £50 to any person that shall sue by action of debt, &c. at Westminster, or if the offence be committed in Scotland, to be recovered by summary action or complaint before the court of session, or by prosecution before the court of justiciary there; and by s. 2. if any sheriff, &c. shall admit any person to be polled without taking such oath, &c. if demanded, such returning officer shall forfeit £100 with full costs; and if any person shall vote without having first taken the oath, &c. if demanded, he shall incur the same penalty; which provisions are peculiar to this English statate.

This statute (s. 7.) further provides that if any person who shall have, or claim to have, any right to rote in any election,* [shall ask, receive, or take any money or other reward, by way of gift, loan, or other device, or agree or contract for any money, gift, office, employment or other reward,] to give his vote or to forbear from giving it, or if any person by himself or by any person employed by him, shall, by any gift or reward, or by any promise,

- agreement agreement, or security for any gift or reward, corrupt or procure any person to give his vote in any such election, '. or to forbear to give the same, such person shall" forfeit £500, with full costs of suit, &c. to the person who shall first sue for the same, (as by s. 1. supra,) and such person shall, after judgment obtained against hiin in any such action, &c. for ever be disabled to vote in any election of a member to serve in parliament, and shall also be for ever disabled to hold or exercise any office or franchise whichi he then or afterwards may be entitled to as member of any city, borough, town corporate, or cinque port, as if naturally dead. The 35 Geo. 3. c. 29. Ir. contains a 35 Geo.3. c. 29.

* Instead of the words within the crotchets, the 35 Geo. 3. c. 29. s. 23. Is uses the following “shall directly or indirectly ask, receive, or take any money or other reward for himself or any of his family or kindred.”

“ s. 23. Ir. similar clause, (s. 23.) with such variations, however, as are noted in the margin. The 2 Geo. 2. c. 24 is by s. 9. 2 Geo. 2. c. 24.

or 8. 9. Eug. required to be read before the electors by every sheriff or other returning officer, immediately after reading the writ or precept, and it is also to be read once every year, at the quarter sessions next after Easter for any county or city, and at the election of the chief magistrate in any borough, &c. and at the election of magistrates and town counsellors for every borough in Scotland; and by s. 10. every sheriff, &c. to whom the execution of any writ or precept for the electing of members to serve in parliament doth belong, shall, for every wilful offence contrary to this act, forfeit £50ʻto be recovered with full costs of suit, as aforesaid. This offence of bribery is further restrained by the 7 W.3. c. 4. Eng. which enacts that 7 W.3.c.4. s. I.

s Eng. i no person to be elected to serve in parliament for any county, &c. in England, &c. shall, after the testc of the Treating clause. writ of summons, or after the teste, issuing out, or ordering of the writs of election upon the calling of any parliament, or after such place becomes vacant in time of parliament, before his election give or allow to any person having voice in such election any money, meat, drink, entertainment, or provision, or make any present, &c. or entertainment, or any promise, &c. or engagement to give or allow any money, &c. to or for any such person in particular, or to or for such place in general, in order to be elected; and by s. 2. every person so giving or allowe' ing, promising or engaging, &c. shall be disabled upon such election to serve in parliament for such place.


s. 19. Ir.

35Geo. 3. c. 29. And by the 35 Geo. 3. c. 29. s. 19. Ir. no person to be Treating clause, elected to serve for any county, &c. shall, after the

teste of the writ, or after the vacancy shall have happened, by himself, his friends, or agents, or any person employed on his behalf, directly or indirectly, give, present, or allow to any person having a vote in such election, any money, meat, drink, entertainment, or provision, cockades, ribbands, or other mark of distinction, or make any present, gift, reward, or entertainment, or make any promise, agreement, obligation, or engagement, to give or allow any money, meat, drink, provision, present, entertainment, or reward, to or for any person in partiçular, or to any such county in general, or to or for the use, advantage, &c. of any such person or place, in order to be elected for such county, &c, and any person so doing shall be disabled and incapable to serve in parliament upon such election for such county, &c. It seems to be with the same view of preventing expense and undue influence, and for preserving the freedom of election, that this statute (s. 20.) provides, that no can

didate for a county shall employ at or for any election Number and payment of for such county where a poll shall take place, more agents, &c. lio hired agents or clerks than at the rate of one for each mnited.

barony or half-barony in said county; and no candidate for any city, &c. where a poll shall take place, shall employ more than one hired agent or clerk for every 100 voters, who polled at the last or any previous election; and do higher sum shall be paid to any such clerk or agent, than five guineas for the first day, and two guineas for every further day which the poll shall continue; and if any candidate shall have more hired clerks, &c. than bereby allowed, or pay or promise to pay directly or indirectly, to any clerk or agent, more than the wages so

specified, he shall forfeit £.1000. to any person who 8. 21. shall sue for the same. By s. 21. no barrister, or counsel,

or friend, or adviser of the court, although an elector, Barristers er. cluded, shall be permitted to plead before, or be heard as

counsel, by any returning officer, or any deputy, at any election), on the part of any candidate or elector, for or against the right of any person to yote at such election,

S. 20.

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