but ſuch member is capable of being re-elected. 8. That all knights of the ſhire ſhall be actual knights, or ſuch notable eſquires and gentlemen, as have eſtates ſufficient to be knights, and by no means of the degree of yeomen. This is reduced to a ſtill greater certainty, by ordaining, 9. That every knight of a ſhire ſhall have a clear eſtate of freehold or copyhold to the value of ſix hundred pounds per annum, and every citizen and burgeſs to the value of three hundred pounds; except the eldeſt ſons of peers, and of perſons qualified to be knights of ſhires, and except the members for the two univerſities: which ſomewhat ballances the aſcendant which the boroughs have gained over the counties, by obliging the trading intereſt to make choice of landed men: and of this qualification the member muſt make oath, and give in the particulars in writing, at the time of his taking his ſeat. But, ſubject to theſe reſtrictions and diſqualifications, every ſubject of the realm is eligible of common right. It was therefore an unconſtitutional prohibition, which was inſerted in the king’s writs, for the parliament holden at Coventry, 6 Hen. IV, that no apprentice or other man of the law ſhould be elected a knight of the ſhire therein[1]: in return for which, our law books and hiſtorians[2] have branded this parliament with the name of parliamentum indoctum, or the lack-learning parliament; and ſir Edward Coke obſerves with ſome ſpleen[3], that there was never a good law made thereat.
3. The third point regarding elections, is the method of proceeding therein. This is alſo regulated by the law of parliament, and the ſeveral ſtatutes referred to in the margin[4]; all which I ſhall endeavour to blend together, and extract out of them a ſummary account of the method of proceeding to elections.
- ↑ Pryn. on 4 Inſt. 13.
- ↑ Walſingh. A. D. 1405.
- ↑ 4 Inſt. 48.
- ↑ 7 Hen. IV. c. 15. 8 Hen. VI. c. 7. 23 Hen. VI. c. 15. 1 W. & M. ſt. 1. c. 2. 2 W. & M. ſt. 1. c. 7. 5 & 6 W. & M. c. 20. 7 W. III. c. 4. 7 & 8 W. III. c. 7. and c. 25. 10 & 11 W. III. c. 7. 12 & 13 W. III. c. 10. 6 Ann. c. 23. 9 Ann. c. 5. 10 Ann. c. 19. c. 33. 2 Geo. II. c. 24. 8 Geo. II. c. 30. 18 Geo. II. c. 18. 19 Geo. II. c. 28.
