And if any money, gift, office, employment,
or reward be given or promised to be given to any voter, at any time,
in order to influence him to give or withhold his vote, both he that
takes and he that offers such bribe forfeits 500_l_, and is for ever
disabled from voting and holding any office in any corporation;
unless, before conviction, he will discover some other offender of the
same kind, and then he is indemnified for his own offence[l]. The
first instance that occurs of election bribery, was so early as 13
Eliz. when one Thomas Longe (being a simple man and of small capacity
to serve in parliament) acknowleged that he had given the returning
officer and others of the borough of Westbury four pounds to be
returned member, and was for that premium elected. But for this
offence the borough was amerced, the member was removed, and the
officer fined and imprisoned[m]. But, as this practice hath since
taken much deeper and more universal root, it hath occasioned the
making of these wholesome statutes; to complete the efficacy of which,
there is nothing wanting but resolution and integrity to put them in
strict execution.
[Footnote l: In like manner the Julian law _de ambitu_ inflicts fines
and infamy upon all who were guilty of corruption at elections; but,
if the person guilty convicted another offender, he was restored to
his credit again. _Ff._ 48. 14. 1.]
[Footnote m: 4 Inst. 23. Hale of parl. 112. Com. Journ. 10 & 11 May
1571.]
UNDUE influence being thus (I wish the depravity of mankind would
permit me to say, effectually) guarded against, the election is to be
proceeded to on the day appointed; the sheriff or other returning
officer first taking an oath against bribery, and for the due
execution of his office. The candidates likewise, if required, must
swear to their qualification; and the electors in counties to theirs;
and the electors both in counties and boroughs are also compellable to
take the oath of abjuration and that against bribery and corruption.
And it might not be amiss, if the members elected were bound to take
the latter oath, as well as the former; which in all probability
would be much more effectual, than administring it only to the
electors.
THE election being closed, the returning officer in boroughs returns
his precept to the sheriff, with the persons elected by the majority:
and the sheriff returns the whole, together with the writ for the
county and the knights elected thereupo
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