Abbildungen der Seite
PDF
EPUB

commissioners chosen for the boroughs aforesaid, being this day met in the council-house of the said borough of the presid

ing borough at the said election, did, by an unanimous vote, (or by a majority of votes) of the said commissioners, who produced commissions duly authenticated, freely and indifferently choose and elect E. F. esquire, a burgess of the borough of

[ocr errors]

to

attend and serve in the ensuing parliament of Great Britain, for the said class or district of boroughs above-mentioned, giving and granting to the said E. F. full and sufficient power for himself and the commonalty of the said class or district, to do and consent to those things which then and there shall happen by the common council of the kingdom (by the blessing of God) to be ordained upon the affairs mentioned in the said writ. In witness whereof, to the one part of these presents remaining with the said A. B. esquire, to be annexed to, and returned with his majesty's writ of election directed to the sheriff of the said shire of

he

the said A. B. and C. D. have set their hands and seals; and to the other part remaining with the said C. D. for the use of the district of boroughs before-mentioned, the said . B. has also set his hand and seal, place, day, month, year of God, and king's reign aforesaid.

ACTS

RELATING TO

ELECTIONS FOR IRELAND (a).

cci

The Irish Stat. 33 H. 8. Sess. 2. c. 1. A. D. 1542.

An Act for the Adjournment of the Parliament, and the Place to hold the same, and what Persons shall be chosen Knights and Burgesses.

(a) § 1. (Annuls all former restrictions as to choice of members.)

Knights, citizens, and bur.

gesses, to be resident in the elected by the

counties, &c.

§ 2. Provided, and be it enacted, by the authoritie of this present parliament, that from henceforth, everie knight, citizen, and burgesse, for every parliament hereafter within this realm greater numof Ireland, to be summoned, appointed, or ants present, holden, shall be resiant and dwelling within by virtue of the counties, cities, and townes, chosen and writs.

(a) By the stat. 41 Geo. 3. c. 90. § 9. The statutes of England and of Great Britain, printed and published by the king's printer, are to be eceived as conclusive evidence in any court in Ireland; and the statutes of Ireland, prior to the union, so printed and published, are in like manner to be evidence in any court of Great Britain.

The collection of Irish statutes here given as relating to elections, are those which the

author, upon a careful investigation of the acts, conceives to be in force. It occasionally happens that an act is wholly or partly repealed, by a clause introduced into some act, the title and general tenor of which, seems to have in view a perfectly different subject. Should there be any error herein, under such circumstances by the insertion of any law which is repealed; it is hoped, that it will be excused.

ber of inhabit

the king's

C. 1.

Irish.

Electors of

hold in the

forfeit 51.

33 H.8. sess. 2. elected by the greater number of the inhabitants of the said counties, cities, and townes, being present at the said election, by vertue of the king's writs for that intent addressed. And also the said knights to be elected and chosen in manner and forme before rehearsed. And every electour of the said knights, to dispend knights to dis- and have lands and tenements of estate of freepend and have estates of free- hold within the said counties, at the least to counties of 40s. the yearly value of fortie shillings over and yearly, above above all charges, and every of the inhabitants all charges. aforesaid, choosing or electing in any other manner than as before is mentioned to forfeit Every inhabit- an hundred shillings, the moytie thereof to our ant electing sovereign lord the king, his heyres and successours, and the other moytie to any that will sue for the same by action of debt, bill, information, or otherwise, in any court of record, wherein no essoigne, protection, or wager of law to be admitted or allowed; and every sheriffe or other officer retourning any knight, citizen or burgesse, chosen or elected in any other manner than as is before expressed, to forfeit an hundred pounds, to be had and recoPersons elect- vered as before is specified; and every knight, citizen and burgesse, taking upon him or them to bee knight, citizen, or burgess, and not chosen nor elected in manner and forme as is before-mentioned, to forfeit an hundreth poundes, to bee forfeyted, recovered, and taken in manner and fourme before-rehearsed *.

and the return

ing officer 100.

ed otherwise

taking upon them to be knights, &c. to forfeit 1007.

The variations in the spelling are according to the printed statute.

The Irish Stat. 2 Ann. c. 6. 1703.

An Act to prevent the further Growth of
Popery.

1. RECITES inter alia" that many persons See 33 Geo. 3. professing the popish religion, have it in c. 21. Irish. "their power to raise divisions among pro"testants, by voting in elections for members "of parliament," &c.)

None to take benefit of this testant who form and sub

act as a pro

does not con

§ 15. Provided always, that no person shall take benefit by this act as a protestant, within the intent and meaning hereof, that shall not conform to the church of Ireland, as by law established, and subscribe the declaration, and scribe the dealso take and subscribe the oath of abjuration take the oath following:

(The declaration against transubstantiation then follows in the same form as that in the 30 Car. 2. stat. 2. c. 1. and the oath of abjuration then in use)

§ 24. And for the preventing papists (a), having it in their power to breed dissention amongst protestants by voting at elections of members of parliament; be it further enacted, by the au

The act imposes various disabilities upon papists, to which protestants were not liable. The Irish stat. 33 Geo. 3. c. 21. removes their disability to vote upon their conforming to what is required in that act.

(a) The Irish stat. 33 Geo. 3.

c. 21. § 1, dispenses with the
necessity of papists taking the
oath of allegiance and abju-
ration, in order to their voting.
This section is therefore in-
serted merely as historically,
tracing the footing upon which
papists have stood with re-
gard to elections.

claration, and

of abjuration
therein.

(For this decla-
ration, see Ap-
pendix, i.)
(For the oath of

abjuration now
in use, see Ap-
pendix, xxvii.
See the

changes in these oaths explained, part 1. chap. 3.)

Irish.

No papist to

vote at elections without

first taking the

2 Ann. c. 6. thority aforesaid, that from and after the twenty fourth day of March, one thousand seven hundred and three, no freeholder, burgess, freeman, or inhabitant of this kingdom, being a papist, or professing the popish religion, shall at any time hereafter be capable of giving his or their vote for the electing of knights of ány shires or counties within this kingdom, or citizens or burgesses to serve in any succeeding parliament, without first repairing to the general quarter-sessions of the peace to be holden for the counties, cities, or boroughs, wherein such papist do inhabit and dwell, and there-voluntarily take the oath of allegiance in the words following.

oaths of allegiance, &c. (Sed vide 33 Geo. 3. c. 21. § 1. Irish.)

[ocr errors]
[ocr errors]

(The oath of allegiance, according to the then form, follows:)

And also the oath of abjuration aforesaid: and after the taking of the said several oaths aforesaid, the clerk of the peace officiating in the sessions, shall, and is by this act directed to enter the same upon record in the rolls of To be entered the said sessions; and is hereby empowered and as herein, and required to give and deliver to such person or persons so taking the said oaths, a certificate of such persons so taking and subscribing the same, for which certificate the sum of one shilling, and no more, shall be paid, which said certificate being produced to the high sheriff of or producing the said county, or any of his deputies at any which, vote to such elections for knights of the shire, and to

certificate given,

be admitted.

the respective chief officer or officers of any city, town corporate, or borough in this kingdom, to whom the return of any citizen or burgess to serve in parliament, doth or shall respectively belong, he or they shall be permitted

« ZurückWeiter »