The sheriff inpowered to examine the clectors upon cath, touch-, ing their estates. realm of England, shall have power by the said authority, to examine upon the Evangelists every such chooser, how much he may expend by the year; (6) and if any sheriff return knights to come to the parliament, contrary to the said ordinance, the justices of assizes, in their sessions of Justices of as- assizes, shall have power by the authority aforesaid, thereof size to inquire to inquire; (7) and if by inquest the same be found before ing of knights the justices, and the sheriff thereof be duly attainted, that to parlament. then the said sheriff shall incur the pain of 100l. to be paid Penalty on the to our lord the king, and also that he have imprisonment due returns. by a year, without being let to bail or mainprize : (8) and that the knights for the parliament, returned contrary to the said ordinance, shall lose their wages. of the return sheriff for un ly returned Knights false- PROVIDED always, that he which cannot expend 40s. by shall lose their year, as afore is said, shall in no wise be chooser of the knights for the parliament; (2) and that in every writ that shall hereafter go forth to the sheriffs to choose knights for the parliament, mention be made of the said ordinances. wages. Necessity of residence re pealed, 14 G. 3, c. 58. ANNO 10 HENRICI VI. CAP. 2. Certain Things required in him who shall be a Chooser of the Knights of Parliament. 66 A. D. 1432. ITEM, whereas at the parliament holden at Westminster, the morrow of St. Matthew the apostle, the 8th year of the king that now is, it was ordained by the authority of the same parliament, that the knights of all counties within the realm of England, to be chosen to come to the parliament hereafter to be holden, shall be chosen in every county by people dwelling and resiant in the same, whereof every one shall have freehold to the value of 40s. by year, at the least, above all charges, upon a certain pain contained in the same statute; (2) not making express mention in the same, that every man that shall be chooser of any such knights shall have freehold to the value of 40s. at the least, above all charges, within the same county, where such chooser with other like shall make such election, or elsewhere:" (3) and therefore our lord the king, willing to make plain declaration of the said statute, by the advice and assent aforesaid, and at the special request of the said commons hath ordained, That the knights of all counties within the said realm, to be chosen to come to parliaments hereafter to be holden, shall be chosen in every county by people dwelling and resiant in the same, whereof every man shall have freehold to the value of 40s. by the year, at the least, above all charges within the same county where any such chooser will meddle of any election. 6 ANNO 230 HENRICI VI. CAP. 14. Who shall be Knights for the Parliament. The munner of ITEM, whereas by authority of a parliament holden at Westminster, the first year of the reign of king Henry, sheriff's in father to the king that now is, amongst other things it was 1 H. v. c. 1. ordained, that the citizens and burgesses of cities and 18 G. 2, c. 18. boroughs, coming to the parliament, should be chosen men citizens and burgesses resident, abiding, and free, in the same cities and boroughs, and none other, as in the same statute more fully is contained; (2) which citizens and burgesses, and no other, have always in cities and boroughs been chosen by citizens and burgesses, and no other, and to the sheriff of the counties returned, and upon their returns received and accepted by the parliaments before this holden. (3) And also, whereas by authority of a parliament holden at Westminster, the eighth year of the 8 H. vi. c. 27. reign of the king that now is, it was ordained in what manner and form the knights of the shires coming to the parliaments, from thenceforth to be holden, should be chosen, and how the sheriffs of the same counties thereupon should make their returns, as in the same statute more fully appeareth; (4) by force of which statute elections of knights to come to the parliaments sometimes have been duly made and lawfully returned, until now of late, that divers sheriffs of the counties of the realm of England, for their singular avail and lucre, have not made due elections of the knights, nor in convenient time, nor good men and true returned, and sometimes no return of the knights, Defaults of citizens, and burgesses lawfully chosen to come to the par- their returns. liaments; (5) but such knights, citizens, and burgesses have been returned, which were never duly chosen, and other citizens and burgesses than those which by the mayors and bailiffs were to the said sheriff's returned; (6) and sometimes the sheriffs have not returned the writs which they had to make election of knights to come to the parliaments, but the said writs have imbeciled, and moreover made no precept to the mayor and bailiff, or to the bailiffs or bailiff where no mayor is, of cities and boroughs, for the election of citizens and burgesses to come to the parliament by the colour of these words contained in the same writs, "Quod in pleno comitatu tuo eligi facias pro comitatu tuo duos milites, et pro qualibet civitate in comitatu tuo duo cives, et pro quolibet burgo in comitatu tuo duos burgenses;" (7) and also because sufficient penalty and convenient remedy for the party in such case grieved is not ordained in the said statutes against the sheriffs, mayors, and bailiffs, which do contrary to the form of the said statutes:" (8) the king considering the premises hath ordained by authority aforesaid, That the said statutes shall be duly kept in all points; (9) and moreover that every sheriff, after the delivery of any such writ to him made, shall make and deliver without fraud, a sufficient precept under his seal to every mayor and bailiff, or to bailiffs or bailiff where no mayor is, of the cities and boroughs within his county, reciting the said writ, commanding them by the same precept, if it be a The sheriff's city, to choose by citizens of the same city, citizens, and in precepts to the the same manner and form if it be a borough, by the bur- mavors and gesses of the same, to come to the parliament. (10) And that cities, &c. to 7 1 . iv. c. 15. II. vi. c. 1. 6 H. vi. c. 7. to send out bailiffs of &c. to serve The penalty on a sheriff making an undue return of a member of parliament. elect citizens, the same mayor and bailiffs, or bailiffs or bailiff where no in parliament. mayor is, shall return lawfully the precept to the same sheriffs, by indentures betwixt the same sheriffs and them to be made of the said elections, and of the names of the said citizens and burgesses by them so chosen, and thereupon every sheriff shall make a good and rightful return, of every such writ and of every return by the mayors and bailiffs, or bailiffs or bailiff where no mayor is, to him made. (11) And that every sheriff at every time that he doth contrary to this statute, or any other statutes for the election of knights, citizens and burgesses to come to the parliament, before this time made, shall incur the pain contained in the said statute made the said 8th year, and moreover shall forfeit and pay to every person hereafter chosen knight, citizen, or burgess in his county, to come to any parliament and not duly returned, or to any other person, which in default of such knight, citizen, or burgess will sue, an 100l. whereof every knight, citizen, and burgess so grieved, severally, or any other person which in their default will sue, shall have his action of debt against the said sheriff, or his executors or administrators, to demand and have the said 100l. with his costs spent in that case. (12) And that in such action taken by virtue of this statute the defendant shall not wage his law of the demand aforesaid in any wise, (13) and that no defendant in such action shall have any essoin. (14) And in the same manner at every time that any mayor and bailiffs, or bailiffs or bailiff The penalty where no mayor is, shall return other than those which be on a mayor or chosen by the citizens and burgesses of the cities or boroughs where such elections be or shall be made, shall incur and forfeit to the king 401. and moreover shall forfeit and pay to every person hereafter chosen citizen or burgess to come to the parliament, and not by the same mayor and bailiff, or bailiffs or bailiff where no mayor is returned, or to any other person which in default of such citizen or burgess so chosen, will sue, 40l. whereof every of the citizens and burgesses so grieved severally, or any other person, which in their default will sue, shall have his action of debt against every of the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, against their executors or administrators, to demand and have of every the said mayor and bailiffs, or bailiffs or bailiff where no mayor is, 401. with his costs in this case expended; (15) and that in such action of debt, taken by force of this statute, no defendant in any wise shall wage his law of the said demand, nor have any essoin. bailiff making an undue re turu. 2. AND that every sheriff that maketh no due election of knights to come to the parliament, in convenient time, At what time that is to say, every sheriff in his full county, betwixt the of the day the hour of 8 and the hour of 11 before noon without collusion shire shall be in this behalf; (2) and that every sheriff that maketh not knights for the chosen. good and true return of such elections of knights to come to the parliament in time to come, as to them pertaineth, in manner and form aforesaid, shall forfeit to the king an 1007, and also shall incur the pain of an 100l. to be paid to him that will sue against him, his executors or adminis trators, for this cause, by way of action of debt, with his costs in this behalf expended, without waging of law of his demand or having essoin as afore is said. within 3 3. PROVIDED always, That every knight citizen, and burgess, to come to any parliament, hereafter to be holden in due form, chosen and not returned, as afore is said, shall begin his action of debt aforesaid, within 3 months after the same parliament commenced, to proceed in the same Suits to be suit effectually without fraud; (2) and if he so do not, commenced another that will sue shall have the said action of debt (as months after it is before said) and shall recover the same sum with his the parliament begun. costs spent in this behalf, in manner and form aforesaid, so that no defendant in such action shall wage his law nor be essoined in any wise as afore is said; (3) and if any knight, citizens, or burgess, hereafter returned by the sheriff to come to the parliament in the manner aforesaid, after such return, be by any person put out, and another put in his place, that such person so put in the place of him which is out, if he take upon him to be knight, citizen, or burgess, at any parliament in time to come shall forfeit to The penalty if the king an 1001., and an 1001. to the knight, citizen, or bur- any chosen to be knight, cigess, so returned by the sheriff, and after as afore is said put tizen, or burout; (4) and that the knight, citizen or burgess, which is so out and anogess, be put put out, shall have an action of debt of the same 1001. against ther put in his such person put in his place, his executors or adminis- place. trators; (5) provided always, That he shall begin his suit within three months after the parliament commenced; (6) and if he do not, then he that will sue shall have an action of debt of the same 1001. against him, which is put in place of him that is so put out after such return, his executors, or administrators, and that no defendant in such action, shall wage his law nor be essoined: (7) and that such process shall be in the actions aforesaid, as in a writ of trespass, done against the peace at the common law; (8) so that the knights of the shires for the parliament, hereafter to be chosen, shall be notable knights of the same counties for which what sort of they thall be chosen ; or otherwise such notable esquires, person shall, gentlemen of birth of the same counties, as shall be able to knights of be knights; (9) and no man to be such knight which the shires. standeth in the degree of a yeoman and under.' ANNO 60 HENRICI VIII. CAP. 16. An Act that no Knights of Shires nor Burgesses depart before 'FORASMUCH as commonly in the end of every parliament divers and many great and weighty matters, as well touching the pleasure, weal, and surety of our sovereign lord the king, as the common weal of this his realm and subjects, are to be treated, communed of, and by authority of parliament to be concluded; (2) so it is that divers knights of shires, citizens for cities, burgesses for boroughs, and barons of the cinque ports, long time before the end of the said parlia be chosen Two knights for the shire of Monmouth, and one bur gess for the town. Knights and burgesses for the parlia and their fees ment, of their own authorities, depart and go home into their countries, whereby the said great and weighty matters are many times greatly delayed; (3) in consideration whereof, be it enacted, &c. That from henceforth none of the said knights, citizens, burgesses, and barons, nor any of them that hereafter shall be elected to come or be in any parliament, do not depart from the said parliament, nor absent himself from the same, till the said parliament be fully finished, ended, or prorogued, except he or they so departing have licence of the speaker and commons, in the said parliameut assembled, and the same licence be entered of record in the book of the clerk of the parliament, appointed or to be appointed for the commons house, upon pain to every of them so departing, or absenting themselves in any other manner, to lose all those sums of money which he or they should or ought to have had for his or their wages; (4) and that all the cofinties, cities, and boroughs, whereof any such person shall be elected, and the inhabitants of the same, shall be clearly discharged of all the said wages against the said person and persons, and their executors, for evermore.' ANNO 270 HENRICI VIII. CAP. 26. Concerning the Laws to be used in Wales. A. D. 1535. 28. AND it is further enacted by the authority aforesaid, That for this present parliament, and all other parliaments to be holden and kept for this realm, two knights shall be chosen and elected to the same parliament for the shire of Monmouth, and one burgess for the borough of Monmouth, in like manner, form, and order, as knights and burgesses of the parliament to be elected and chosen in all other shires of this realm of England; (2) and that the same knights and burgesses shall have like dignity, pre-eminence, and privilege, (3) and shall be allowed such fees as other knights and burgesses of the parliament have been allowed; (4) and the knights fees to be levied, perceived, received, gathered, and paid, in such manner, form and order, as such fees be gathered, levied, perceived, received and paid, in other shires of this realm of England; (5) and the burgesses fees to be levied as well within the borough of Monmouth, as within all other ancient boroughs within the said shire of Monmouth. 29. AND that for this present parliament, and all other parliaments to be holden and kept for this realm, one ment in Wales, knight shall be chosen and elected to the same parliaments, for every of the shires of Brecknock, Radnor, Montgomery,and Denbigh, and for every other shire within the said country or dominion of Wales; (2) and for every borough, being a shire town within the said country or dominion of Wales, except the shire town of the foresaid county of Merioneth, one burgess; (3) and the election to be in like manner, form, and order, as knights and burgesses of the parlia ment, to be elected and chosen in other shires of this realm; |