Oath.

session, and do really and truly belong to me, and is my
own proper estate, and is not conveyed to me in trust, or
for or in behalf of
any other person whatsoever; and that
neither I nor any person to my knowledge, in my name, or
on my account, or by my allowance, hath given or intends
to give any promise, obligation, bond, back-bond, or other
security whatsoever, other than appears from the tenor
and contents of the title upon which I now claim a right
to vote directly or indirectly, for re-disponing or re-con-
veying the said lands and estate in any manner or way
whatsoever, or for making the rents or profits thereof
forthcoming to the use or benefit of the person from whom
I have acquired the said estate, or any other person what-
soever, and that my title to the said lands and estate is
not nominal or fictitious, created or reserved in me, in
order to enable me to vote for a member to serve in Par-
liament, but that the same is a true and real estate in me
for my own use and benefit, and for the use of no other
person whatsoever, and that is the truth as I shall answer
to God."

Oaths required by 16 G. 2. c. 11., to be taken by a magistrate at the election of a burgess, s. 34; by the common clerk before the election of commissioners to choose a burgess, s. 35.; by the clerk of the presiding borough before the election of a burgess, s. 35.; and by the clerk before the election for a shire, s. 37.

"I, A. B. do solemnly swear, that I have not directly or indirectly by way of loan or other device whatsoever, received any sum or sums of money, office, place, employment, gratuity, or reward, or any bond, bill, or note, or any promise of any sum or sums of money, office, place, employment, or gratuity whatsoever, either by myself or any other to my use or benefit, or advantage, (in the case Of magistrates of magistrates at the election of a burgess, by s. 34, or to the use. benefit, or advantage, of the city or borough of

at election of a burgess.

commissioners.

which I am magistrate, counsellor, or burgess, in order to give my vote at this election;) (in the case of the common Of common clerk before the election of commissioners to choose a bur- clerk before election of gess, by s. 35, to make out any commission for a commissioner for choosing a burgess, and that I will duly make out a commission to the commissioner, who shall be chosen by the majority of the town council assembled, and to no other person;) (in the case of the clerk of the presid- Of clerk of presiding boing borough before election of a burgess, by s. 35, to make rough. any return at this election of a member to serve in Parliament, and that I will return to the sheriff or steward the person elected by the major part of the commissioners assembled, whose commissions are authenticated by the subscription of the common clerk and common seal of the respective boroughs of THIS DISTRICT;) (and in case of of clerk at the clerk at elections of members to serve in Parliament for a shire, by s.37, to make any return at the present election of a member to serve in Parliament, and that I will return to the sheriff or steward, the person elected by the majority of the freeholders upon the roll made up at this election, and who shall be present and vote at this meeting.)

So help me God."

elections for

shires.

Aliens, unless

naturalized or

CHAPTER IV.

WHO MAY AND WHO MAY NOT VOTE OR INTERFERE
AT ELECTIONS FOR ALL PLACES IN ENGLAND, IRE-
LAND, AND SCOTLAND.

Aliens cannot vote unless made denizens by letters made denizens, patent or naturalized by a private act or under the prodisqualified. visions of a general act of Parliament, as by 13 G. 2. c. 3. foreign seamen, who in time of war serve two years on board an English ship by virtue of the king's proclamation, and foreign Protestants and Jews residing seven years in any of our American Colonies without being absent two months at a time, and foreign Protestants, by 2 G. 3. c. 25. serving two years in the army, or by 22 G. 2. c. 45. ss. 8. 11. 12. serving three years in the whale fishery and qualifying themselves by taking the oaths or making the affirmations of allegiance and abjuration, and not afterwards absenting themselves from the king's dominions for more than one year, and then they are ipso facto naturalized and privileged to vote. All these persons, however, are liable to the exceptions in 4 G. 2. c. 21. as to the children of persons attainted of treason, and those in the service of princes in enmity with the British crown.

Minors disqualified

The provisions of these acts being made previously to the union with Ireland, do not extend to that country; but, by 23 & 24 G. 3. c. 38. (I.), all foreigners of any sect, except Jews, settling in Ireland, shall be deemed natural subjects and may vote. In Scotland, there does not appear to be a similar provision; and in consequence of the particular mode of elections for Scotland, it is not probable that an alien would vote at any of the elections there.

In the oaths of qualification for all places in England and Ireland, except London, and Norwich, the elector must swear that he is twenty-one years of age, but besides this by

7&8 W.3. c.25. 8.8. for England, by 35G.3. c.29. s. 25. for knights of shires and boroughs, and by 4G. 4. c.55. s. 25. for counties of cities and towns in Ireland, and by the act of 1707, c. 8. for Scotland, it is declared that no person under the age of twenty-one years shall vote.

lunatics.

Women (Inst. p. 5.) idiots, lunatics, except at lucid Women,idiots, intervals, though no commission is issued against them, H. C. 255. but mere imbecility, is not a disqualification if the voter to 333. understands what he is doing, 1 Peck. 108; convicted felons (and the book of the quarter sessions is sufficient evidence of the conviction, Phil. 170,) unless they have received the benefit of clergy, or been pardoned:* persons attainted 5. T. R. 117., and persons convicted of Persons conperjury, or subornation of perjury, or of giving or re- felony, ceiving bribes, by 2 G. 2. c. 24. s. 6 & 7. in England and Scotland, and by 35 G. 3. c. 29. s. 23 & 72. for knights

of shires and boroughs, and by 4 G. 4. s. 55. s. 73. & 84. for counties of cities and towns in Ireland, are disqualified to vote.

In some cases the legislature has expressly declared certain persons disqualified for bribery, as in New Shoreham, 11 G. 3. c. 55. and Nottingham, 43 G. 3. c. 60.; but unless the parties be convicted, or such an act be passed they are not disqualified, though a committee on a petition on a former election may have declared them to have been guilty of bribery, 2 Peck. 245. 250.

f

victed of

perjury, or

bribery.

By 1 & 2 G. 4. c. 47. the borough of Grampound, on Grampound disfranchised. account of bribery, was disfranchised, and the right to elect two additional knights was given to the county of York.

* In 1 Peck. 509. a distinction was made between a conviction for petit larceny and for grand larceny, where the defendant had been admitted to his clergy. As, however, by 7 & 8 G. 4. c. 29. s. 1. the distinction between petit and grand larceny is abolished, and every larceny is to be taken to be of the same nature, and subject to the same incidents as grand larceny was before that act, and by 7 & 8 G. 4. c.27., the 31 G. 3. c. 35. enabling persons convicted of petit larceny to be witnesses is repealed, there will be no ground for a similar argument in future.

Outlaws and

excommunicated persons not determined,

H. C. 333. 4. 7 & 8 G. 4.

c. 37. s. 1. Persons

employed disqualified,

and voters not to be consta

bles.

Peers no right

to vote or interfere at elections. 57.Journ. 376.

Ministers of

the crown.
37 Journ. 507.

The votes of outlaws on civil process and of excommunicated persons have been objected to, but the points have not received any determination in the house of commons.

Any person, who shall during, or within six months previous to, or fourteen days after any election, be employed in any capacity for the purposes of such election, and shall at any time, accept, with reference to such employment, any money or office, or any security for any money or office, shall not vote, and by s. 5. voters are to be exempt from serving as constables during the election.

By sect. 4. this act is not to extend to Scotland, and as Ireland is not mentioned, it would seem that it is not intended to be included in it.

No peers, except Irish peers actually elected, and not having declined to serve for any place in Great Britain, have a right to vote, and by a resolution of the house of commons, which is now the standing order on the subject, it is resolved to be an infringement of the liberties and privileges of the commons for any lord of Parliament, or other peer or prelate not being a peer of Ireland at the time elected, and not having declined to serve for any place in Great Britain, to concern himself in the election of a member of the house of commons, except an Irish peer when candidate for any place in Great Britain, or for any lord-lieutenant, or governor of any county, to avail himself of any authority derived from his commission, to influence the election of a member of the house of commons. A similar resolution was also made with respect to the ministers and servants of the crown, in 1779.

These resolutions relate to all elections for members of Parliament in England, Scotland, and Ireland, but do not appear to extend to meetings in Scotland for choosing commissioners to elect burgesses to Parliament. By 5 W. & M. c. 20. s. 48. no person employed in officers not to the excise, 12 & 13 W. 3. c. 10. s. 91. no person in the customs, 9 A. c. 10. s. 44. no person in the post office, and by 9 A. c. 11. s. 49., for laying duties upon vellum

Revenue

interfere.

England and
Scotland.