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
THUS are the electors of one branch of the legislature secured from
any undue influence from either of the other two, and from all
external violence and compulsion. But the greatest danger is that in
which themselves co-operate, by the infamous practice of bribery and
corruption. To prevent which it is enacted that no candidate shall,
after the date (usually called the _teste_) of the writs, or after the
vacancy, give any money or entertainment to his electors, or promise
to give any, either to particular persons, or to the place in general,
in order to his being elected; on pain of being incapable to serve for
that place in parliament. 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.
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