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forty Days afterwards, as well as during the Seffion. 4 Inst. 24. 2 Lev. 72.

But the Statute 12 W. 3. c. 3. ordains, that Actions may be prosecuted in any of the Courts of Record at Westminster, High Court of Chancery, Oc. against Persons intitled to Privilege of Parliament, immediately after a Diffolution or Prorogation, until a new Parliament is called, or the fame is re-assembled, and immediately after Adjournment of both Houses for above fourteen Days, till re-affumed: And the faid Courts during fuch Time, shall proceed to give Judgment, &c. The Process against any Member of Parliament, or other Person having Privilege, during the Time aforesaid, out of the said Courts, to be Summons and Distress infinite, or original Bill, Summons, Attachment, &c. until the Parties appear, or file common Bail: And for Default of Appearance or Answer, the Estates of the Defendants may be sequestred; but the Plaintiff may not arreft the Body of any Knight, Citizen and Burgess, or other priviJeged Person, during the Continuance of Privilege.

And where any Plaintiff shall be stayed from Proceeding by Privilege of Parliament, he shall not be barred by the Statute of Limitations, or nonsuited, dismissed, or have his Suit discontinued for Want of Profecution; but upon the Rifing of the Parliament, shall be at Liberty to proceed to Judgment and Execution. And Suits may be brought here or in Ireland, against any Peer, or Member of Parliament, or their menial Servants, &c. in the Intervals of Parliament, or of Seffions, being more than fourteen Days; and the Courts after Diflolutions, or Prorogations, to give Judgment, and award Execution, &c. by 11 Gev. 2. cap. 24.

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Qualification of Freeholders, to be Elec tors of Parliament Men, &c.

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HE Election of Knights of the Shire, is to be made by a Majority or the greater Number of People dwelling in the Counties, having each of them Lands or Tenements to the yearly Value of 40 s. besides Reprises: And the Sheriff hath Power to examine upon Oath the Choosers, how much they may expend by the Year. He that cannot expend 40 s. per Annum, shall have no vote in the Election of Knights for the Parliament; and in every Writ issued out for that Purpose, Mention shall be made of this Ordinance. Stat. 8 Неп. 6. сар. 7.

And the Statute 10 H. 6. cap. 2. ordains, That a Chooser of Knights of Parliament must be refident and dwelling, and have Freehold of the Value of 40 s. a Year at the least, above all Charges, within the same County; or he may not meddle with any fuch Election.

The Act 7 8 Will. 3. cap. 25. enacts, that every Freeholder, before he is admitted to poll, if required by any of the Candidates, shall take an Oath, to be administred by the Sheriff, UnderSheriff, or Clerk, (who are first sworn truly to take the faid Poll, and set down the Names of each Freeholder, and for whom he Polls, &c.) That he is a Freeholder of the County, and bath Freehold Lands or Hereditaments of the yearly Value of 40 s. lying at fuch a Place, within the said County, and that he hath not been before polled at the Election.

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No Person shall be allowed to have any vote in Election of Members to serve in Parliament, for or by Reason of any Trust or Mortgage, unless the Trustee or Mortgagee be in actual Poffeffion, or receive the Rents and Profits of the Estate; but the Mortgagor, or Cestui que Trust in Possession, shall and may vote for the same Estate: And all Conveyances of Lands, Tenements and Hereditaments, in any County, City, Town Corporate, or Place, in order to multiply votes, or split and divide the Interest in any Houses or Lands, among several Persons, to enable them to vote at Elections of Members, shall be void and of none Effect; and no more than one vote to be admitted for one and the same House and Tenement.

Persons under the Age of twenty-one Years, shall not be admitted to vote in the Election of any Member of Parliament; and no Person shall be capable of being elected a Member to serve in Parliament, who is under that Age.

By the 10 Ann. cap. 23. All Estates and Conveyances made to any Persons in a fraudulent Manner, on Purpose to qualify them to vote, subject to Conditions and Agreements to defeat or determine such Estates or reconvey the same, shall be taken against the Persons executing the said Conveyances as free and absolute, and shall be discharged of such Conditions, &c. And all Bonds and other Securities between the Parties, for redeeining, revoking, or defeating such Estates, are declared void; and Persons making the Conveyances, or being privy thereto, and who by Colour thereof vote at any Election of Knights of the Shire, shall forfeit 40 l.. to any Person who will fue for it, by Action of Debt, &c. in the Courts at Westminster.

None shall vote at an Election of a Knight of the Shire in England, in Right of any Lands,

which have not been charged or affefsed to the publick Taxes, Church Rates, and Parish-Duties, in fuch Proportion as other Lands and Tenements of 40 s. per Annum, within the same Parish are usually charged; and for which he shall not have received the Rents or Profits, or be intitled to the fame, to the full Value of 40 s. or more, to his own Ufe, for one Year before the Election; except such Lands or Tenements came to him in that Time, by Discent, Marriage, or Settlement in Marriage, Devise, or Presentation to some Church Benefice, or by Promotion to an Office, to which fuch Freehold is annexed: The Perfon voting contrary, incurs a like Forfeiture of 40 l. one Moiety to the Poor of the Parish where the Lands or Tenements are, for which he voted, and the other Moiety to him that will fue for the fame.

And the Oath that every Freeholder is to take, if required by the Candidates, small by this Act be as follows,

You shall swear, That you are a Freeholder in the County of Middlesex, and have Freehold Lands or Hereditaments lying or being at Brentford in the faid County of Middlesex, of the yearly Value of 40 s. above all Charges payable out of the fame, and that fuch Freehold Estate hath not been made or granted to you fraudulently, on Purpose to qualify you to give your Vote, and that the Place of your Abode is at Hounflow in the faid County, and that you have not been polled before at this Election.

But a Quaker, declaring the Effect of the Oath, upon his folemn Affirmation, &c. shall be admitted to vote; and every Sheriff, or his proper Officer, shall accept such Affirmation inftead of the faid Oath: Oath: And if any Freeholder taking the Oath, shall be convicted of wilful Perjury; or any one fhall corrupt or fuborn a Freeholder to take the faid Oath, whereby he shall commit Perjury; or if any Quaker is convicted of wilfully affirming any Thing false, which if it had been taken in the usual Form, would have amounted to wilful Perjury; they shall incur the Pains and Penalties enacted in the Act 5 Eliz. cap. 9.

By 12 Ann. c. 5. the aforementioned Statute 10 Ann, shall not extend to reftrain any Perfon from voting in an Election of any Knight of a Shire, in Right of any Tithes, or other incorporeal Inheritances, or in any Messuages or Lands in extraparochial Places, or Messuages or Seats belonging to any Offices, in Regard or by Reafon the fame have not been usually charged or afsessed to any publick Taxes, &c. or in Respect of any other Messuages or Lands, in Regard the same have not been usually taxed to all publick Taxes, Church Rates, and Parish Duties, provided they have been generally affessed to fome one or more of the said publick Taxes, Rates or Duties, in Proportion to other Lands, &c. of 40 s. a Year in the fame Parish.

The Statute 2 Geo. 2. cap. 24. enacts, That on any Election for any Member to serve for the Commons in Parliament, every Freeholder, Citizen, Freeman, Burgess, or Perfon having a Right to vote, shall before he is admitted, take an Oath, in Case the same be demanded by either of the Cardidates, or any two Electors, that he hath not received, or had by himself, or any Ferson what foever in Truft for him, or for his Ufe and Benefit, directly or indirectly, any Sum of Money, Office, Place or Imployment, Gift or Reward, or any Promife or Security for any Money, Office, Place, Imployment

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