Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
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[f]: in return for which, our law books and historians[g] have
branded this parliament with the name of _parliamentum indoctum_, or
the lack-learning parliament; and sir Edward Coke observes with some
spleen[h], that there was never a good law made thereat.
[Footnote a: 4 Inst. 47.]
[Footnote b: 1 Hen. V. c. 1. 23 Hen. VI. c. 15. 1 W. & M. st. 2. c. 2.
5 & 6 W. & M. c. 7. 11 & 12 W. III. c. 2. 12 & 13 W. III. c. 10. 6
Ann. c. 7. 9 Ann. c. 5. 1 Geo. I. c. 56. 15 Geo. II. c. 22. 33 Geo.
II. c. 20.]
[Footnote c: 4 Inst. 47.]
[Footnote d: Hale of parl. 114.]
[Footnote e: 4 Inst. 48.]
[Footnote f: Pryn. on 4 Inst. 13.]
[Footnote g: Walsingh. _A.D._ 1405.]
[Footnote h: 4 Inst. 48.]
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[i]; all which I shall
endeavour to blend together, and extract out of them a summary account
of the method of proceeding to elections.
[Footnote i: 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. and c. 23.
2 Geo. II. c. 24. 8 Geo. II. c. 30. 18 Geo. II. c. 18. 19 Geo. II. c.
28.]
AS soon as the parliament is summoned, the lord chancellor, (or if a
vacancy happens during parliament, the speaker, by order of the house)
sends his warrant to the clerk of the crown in chancery; who thereupon
issues out writs to the sheriff of every county, for the election of
all the members to serve for that county, and every city and borough
therein. Within three days after the receipt of this writ, the sheriff
is to send his precept, under his seal, to the proper returning
officers of the cities and boroughs, commanding them to elect their
members; and the said returning officers are to proceed to election
within eight days from the receipt of the precept, giving four days
notice of the same; and to return the persons chosen, together with
the precept, to the sheriff.
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