Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/195

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Ch. 2.
of Persons.
179

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[1]. 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 for which he was choſen 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[2]. 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.

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

  1. In like manner the Julian law de ambitu inflicted 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.
  2. 4 Inſt. 23.  Hale of parl. 112.  Com. Journ. 10 & 11 May 1571.
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