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 paid and born his Scot and Lot towards the maintenance and defraying the Poor, and other public 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 engaged 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 fraud, 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 endeavouring 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 Privilege 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, Bailiffs and Constables, having Jurisdiction or Authority in any such Town, or place, for the suppressing and preventing the misdemeanours and evil practices aforesaid, are hereby commanded and required not to permit any such feast, 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, Bailiff, 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, Bailiffs, 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, Bailiff, Magistrate, or Officer, (except only 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 duly 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 engaged to be given, or for fear or favour, by any Sheriff, Mayor, Bailiff, 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, Bailiffs, or other Officer, or Magistrate entrusted 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 triple 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 void, and of no effect; and every party giving or making such securities, promises, or engagements, 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 recompense, for dispatch, or towards charges, or otherwise, by any Sheriff, Undersheriff, Sheriff's-Clark, or Minister, or by any Mayor, Portreeve, Bailiff, 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 Virtue 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 triple 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 privilege of Parliament, or other privileges, 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, wheresuch 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 Cities, or Towns that are Counties of themselves, Mayors, Portreeves, Bailiffs, 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 public places, to be read and viewed; and also on the next Lord's 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 publicly 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.