A History of Parliamentary Elections and Electioneering in the Old Days: Showing the State of Political Parties and Party Warfare at the Hustings and in the House of Commons from the Stuarts to Queen VictoriaGrego, Joseph
History
A History of Parliamentary Elections and Electioneering in the Old Days: Showing the State of Political Parties and Party Warfare at the Hustings and in the House of Commons from the Stuarts to Queen Victoria
Grego, Joseph
Great Britain -- Politics and government; Great Britain. Parliament -- Election
A similar objection was raised on the same general election as to the
legal return of the sitting members for Worcester,--that a peer and
lord of parliament had, by himself and his agents, interfered in the
election by publicly canvassing and soliciting votes, and by using
threats to intimidate freemen from voting for the petitioner, in
violation of the privileges of the House and the freedom of election,
and to the infringement of the rights of the Commons of Great Britain.
Moreover, there was an allegation of bribery, and that conducted on a
wholesale scale. The mayor, aldermen, and justices of the city, the
town-clerk and many of the common council had sworn in, for several
days before and during the election, many freemen (some hundreds) to
be constables, under a promise that they would vote for the candidates
chosen by the persons so influencing them, “for which they were to have
certain rewards in money;” and that this money was afterwards paid to
them out of the funds of the city, or by the two sitting members.
In transparent cases of bribery, when the committee of the “whole
House” serving on these “controverted elections” decided to retain and
confirm the sitting members, there seems to have been a convenient
formula much resorted to in silencing those petitions brought on the
grounds of corruption; for instance, after the general elections of
1774,--
“An objection was taken to the petitioners examining any
witness as to the payment, till they should first bring proof
of the agency. It was argued that the circumstances which would
establish both points were so complicated that they could not
be separated;”
_ergo_, all evidence on the points to be proved was technically
excluded, and the petition was stultified.
It seems, also, to have been not unusual for high sheriffs to return
themselves; for instance, in the controverted election case for
Abingdon, Berks, March, 1774-5. The petitioner set forth that the
member returned was then high sheriff for the county of Berks; his
counsel arguing, “that by an express clause in the writ of election
the choice of sheriffs is prohibited; and that this clause has made
part of the writ for three centuries.” It was admitted that Sir Edward
Coke, sheriff of Buckinghamshire, had been returned for Norfolk in the
second year of Charles I., and that he sat till the dissolution of
that parliament; but his right was questioned, and in the “Journals
and Debates” he is invariably described as a member _de facto_. It was
contended in reply, on the other side, that the sheriff was justified
in his return, the wording of the writ not being taken literally, in
any case such as “knights girt with a sword;” that Mr. Child, being
sheriff of Warwickshire, was chosen and returned for Wells, in the
county of Somerset; he was petitioned against, but was declared duly
elected. It was also stated, on behalf of the controverted sitting
member, that--
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