the choice that is made of any thing or person, whereby it is preferred to some other. There seems this difference, however, between choice and election, that election has usually a regard to a company or community, which makes the choice; whereas choice is seldom used but when a single person makes it.

in British polity, is the people's choice of their representatives in parliament. (See PARLIAMENT.) In this consists the exercise of the democratical part of our constitution: for in a democracy there can be no exercise of sovereignty but by suffrage, which is the declaration of the people's will. In all democracies, therefore, it is of the utmost importance to regulate by whom, and in what manner, the suffrages are to be given. And the Athenians were so justly jealous of this prerogative, that a stranger, who interfered in the assemblies of the people, was punished by their laws with death; because such a man was esteemed guilty of high treason, by usurping those rights of sovereignty to which he had no title. In Britain, where the people do not debate in a collective body, but by representation, the exercise of this sovereignty consists in the choice of representatives. The laws have therefore very strictly guarded against usurpation or abuse of this power, by many salutary provisions; which may be reduced to these three points,

1. The qualifications of the electors. 2. The qualifications of the elected. 3. The proceedings at elections.

(1.) As to the qualifications of the electors. The true reason of requiring any qualification, with regard to property, in voters, is to exclude such persons as are in no mean a situation, that they are esteemed to have no will of their own. If these persons had vote, they would be tempted to dispose of them under some undue influence or other. This would give a great, artful, or a wealthy man, a larger share in elections than is consistent with general liberty. If it were probable that every man would give his vote freely, and without influence of any kind; then, upon the true theory and genuine principles of liberty, every member of the community, however poor, should have a vote in electing those delegates to whose charge is committed the disposal of his property, his liberty, and his life. But since that can hardly be expected in persons of indigent fortunes, or such as are under the immediate dominion of others, all popular states have been obliged to establish certain qualifications; whereby some, who are supposed to have no will of their own, are excluded from voting, in order to set other individuals, whole will may be supposed independent, more thoroughly upon a level with each other.

And this constitution of suffrages is framed upon a wiser principle with us, than either of the methods of voting, by centuries, or by tribes, among the Romans. In the method by centuries, instituted by Servius Tullius, it was principally property, and not numbers, that turned the scale: in the method by tribes, gradually introduced by the tribunes of the people, numbers only were regarded, and property entirely overlooked. Hence the laws passed by the former method had usually too great a tendency to aggrandize the patricians or rich nobles; and those by the latter had too much of a levelling principle. Our constitution steers between the two extremes. Only such are entirely excluded as can have no will of their own: there is hardly a free agent to be found, but what is entitled to a vote in some kind or other in the kingdom. Nor is comparative wealth, or property, entirely disregarded in elections; for though the richest man has only one vote at one place, yet, if his property be at all diffused, he has probably a right to vote at more places than one, and therefore has many representatives. This is the spirit of our constitution; not that we assert it is in fact quite so perfect as we have endeavoured to describe it; for if any alteration might be wished or suggested in the present form of parliaments, it should be in favour of a more complete representation of the people.

But to return to the qualifications; and first those of electors for knights of the shire. 1. By statute 8 Hen. VI. c. 7. and 10 Hen. VI. c. 2. (amended by 14 Geo. III. c. 58.) the knights of the shire shall be chosen of people, whereof every man shall have freehold to the value of forty shillings by the year within the county; which (by subsequent statutes) is to be clear of all charges and deductions, except parliamentary and parochial taxes. The knights of shires are the representatives of the landholders, or landed interest of the kingdom: their electors must therefore have estates in lands or tenements within the county represented. ELE [642] ELE

Election. fented. These estates must be freehold, that is, for term of life at least; because beneficial leaves for long terms of years were not in use at the making of these statutes, and copyholders were then little better than villains, absolutely dependent upon their lords. This freehold must be of 40 shillings annual value; because that sum would then, with proper industry, furnish all the necessaries of life, and render the freeholder, if he pleased, an independent man: For Bishop Fleetwood, in his Chronicon Preciosum, written at the beginning of the last century, has fully proved 40 shillings in the reign of Henry VI. to have been equal to 12 pounds per annum in the reign of Queen Anne; and, as the value of money is very considerably lowered since the bishop wrote, we may fairly conclude, from this and other circumstances, that what was equivalent to 12 pounds in his days, is equivalent to 20 at present. The other less important qualifications of the electors for counties in England and Wales may be collected from the statutes cited below (A); which direct, 2. That no person under 21 years of age shall be capable of voting for any member. This extends to all sorts of members as well for boroughs as counties; as does also the next, viz. 3. That no person convicted of perjury, or subornation of perjury, shall be capable of voting in any election. 4. That no person shall vote in right of any freehold, granted to him fraudulently, to qualify him to vote. Fraudulent grants are such as contain an agreement to reconvey, or to defeat the estate granted; which agreements are made void, and the estate is absolutely vested in the person to whom it is so granted. And, to guard the better against such frauds, it is further provided, 5. That every voter shall have been in the actual possession, or receipt of the profits, of his freehold to his own use for 12 calendar months before; except it came to him by descent, marriage, marriage settlement, will, or promotion to a benefice or office. 6. That no person shall vote in respect of an annuity or rent-charge, unless registered with the clerk of the peace 12 calendar months before. 7. That in mortgaged or trust estates, the person in possession, under the above-mentioned restrictions, shall have the vote. 8. That only one person shall be admitted to vote for any one house or tenement, to prevent the splitting of freeholds. 9. That no estate shall qualify a voter, unless the estate has been affected to some land-tax aid, at least 12 months before the election. 10. That no tenant by copy of court-roll shall be permitted to vote as a freeholder. Thus much for the electors in counties.

As for the electors of citizens and burgesses, these are supposed to be the mercantile part or trading interest of this kingdom. But as trade is of a fluctuating nature, and seldom long fixed in a place, it was formerly left to the crown to summon, pro re nata, the most flourishing towns to send representatives to parliament. So that as towns increased in trade, and grew populous, they were admitted to a share in the legislature. But the misfortune is, that the deserted boroughs continued to be summoned, as well as those to whom their trade and inhabitants were transferred; except a few elect which petitioned to be eased of the expence, then usual, of maintaining their members: four thillings a-day being allowed for a knight of the shire, and two thillings for a citizen or burges; which was the rate of wages established in the reign of Edward III. Hence the members for boroughs now bear above a quadruple proportion to those for counties; and the number of parliament men is increased since Fortecue's times, in the reign of Henry VI. from 300 to upwards of 500, exclusive of those for Scotland. The universities were, in general, not empowered to send burgesses to parliament; though once, 28 Edw. I. when a parliament was summoned to consider of the king's right to Scotland, there were issued writs, which required the university of Oxford to send up four or five, and that of Cambridge two or three, of their most discreet and learned lawyers for that purpose. But it was King James I. who indulged them with the permanent privilege to send constantly two of their own body; to serve for those students who, though useful members of the community, were neither concerned in the landed nor the trading interest: and to protect in the legislature the rights of the republic of letters. The right of election in boroughs is various, depending entirely on the several charters, customs, and constitutions of the respective places; which has occasioned infinite disputes; though now, by statute 2 Geo. II. c. 24, the right of voting for the future shall be allowed according to the last determination of the house of commons concerning it; and, by statute 3 Geo. III. c. 15, no freeman of any city or borough (other than such as claim by birth, marriage, or servitude) shall be entitled to vote therein, unless he hath been admitted to his freedom 12 calendar months before.

(2.) Next, as to the qualifications of persons to be elected members of the house of commons. Some of these depend upon the law and custom of parliaments, declared by the house of commons; others upon certain statutes. And from these it appears, 1. That they must not be any of the 12 judges, because they fit in the lords' house; nor of the clergy, for they fit in the convocation; nor persons attainted of treason, or felony, for they are unfit to fit anywhere. 3. That the sheriffs of counties, and mayors and bailiffs of boroughs, are not eligible in their respective jurisdictions, as being returning officers; but that sheriffs of one county are eligible to be knights of another. 4. That, in strictness, all members ought to have been inhabitants of the places for which they are chosen; but this, having been long disregarded, was at length entirely repealed by statute 14 Geo. III. c. 58. 5. That no persons concerned in the management of any duties or taxes created since 1692, except the commissioners of the treasury, nor any of the officers following (viz. commissioners of prizes, transports, sick and wounded, wine licensees, navy, and victualling; secretaries or receivers of prizes; comptrollers of the army accounts; agents for regiments; governors of plantations, and election. their deputies; officers of Minorca or Gibraltar; officers of the excise and customs; clerks or deputies in the several offices of the treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, secretaries of state, salt, stamps, appeals, wine-licenses, hackney-coaches, hawkers, and pedlars), nor any persons that hold any new office under the crown created since 1705, are capable of being elected or sitting as members. 6. That no person having a pension under the crown during pleasure, or for any term of years, is capable of being elected or sitting. 7. That if any member accepts an office under the crown, except an officer in the army or navy accepting a new commission, his seat is void; but such member is capable of being re-elected. 8. That all knights of the shire shall be actual knights, or such notable esquires and gentlemen as have estates sufficient to be knights, and by no means of the degree of yeomen. This is reduced to a still greater certainty, by ordaining, 9. That every knight of a shire shall have a clear estate of freehold or copyhold to the value of 600l. per annum, and every citizen and burgess to the value of 300l.: except the eldest sons of peers and of persons qualified to be knights of shires, and except the members for the two universities; which somewhat balances the ascendant which the boroughs have gained over the counties, by obliging the trading interest to make choice of landed men: and of this qualification the member must make oath, and give in the particulars in writing, at the time of his taking his seat. But, subject to these standing restrictions and disqualifications, every subject of the realm is eligible of common right: though there are instances, wherein persons in particular circumstances have forfeited that common right, and have been declared ineligible for that parliament, by a vote of the house of commons, or for ever, by an act of the legislature. But it was an unconstitutional prohibition which was grounded on an ordinance of the house of lords, and inserted in the king's writs, for the parliament helden at Coventry, 6 Hen. IV. that no apprentice or other man of the law should be elected a knight for the shire therein: in return for which, our law-books and historians have branded this parliament with the name of parliamentum indoctum, or the lack-learning parliament; and Sir Edward Coke observes with some spleen, that there was never a good law made theret.

(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 below (B); all which we shall blend together, and extract out of them a summary account of the method of proceeding to elections.

As soon as the parliament is summoned, the lord chancellor (or if a vacancy happens during the sitting of parliament, the speaker, by order of the house, and without such order if a vacancy happens by death in the time of a recess for upwards of 20 days) 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.

But elections of knights of the shire must be proceeded to by the sheriff themselves in person, at the next county-court that shall happen after the delivery of the writ. The county-court is a court held every month or oftener by the sheriff, intended to try little causes not exceeding the value of 40s. in what part of the county he pleases to appoint for that purpose; but for the election of knights of the shire, it must be held at the most usual place. If the county-court falls upon the day of delivering the writ, or within six days after, the sheriff may adjourn the court and election to some other convenient time, not longer than 16 days, nor shorter than 10: but he cannot alter the place, without the consent of all the candidates; and, in all such cases, 10 days public notice must be given of the time and place of the election.

And, as it is essential to the very being of parliament that elections should be absolutely free, therefore all undue influences upon the electors are illegal, and strongly prohibited. For Mr Locke ranks it among those breaches of trust in the executive magistrate, which, according to his notions, amount to a dissolution of the government, "if he employs the force, treasure, and offices of the society to corrupt the representatives, or openly to pre-engage the electors, and prescribe what manner of persons shall be chosen: For thus to regulate candidates and electors, and new model the ways of election, what is it (says he) but to cut up the government by the roots, and poison the very fountain of public security?" As soon, therefore, as the time and place of election, either in counties or boroughs, are fixed, all soldiers quartered in the place are to remove, at least one day before the election, to the distance of two miles or more; and not to return till one day after the poll is ended. Riots likewise have been frequently determined to make an election void. By vote also of the house of commons, to whom alone belongs the power of determining contested elections, no lord of parliament, or lord-lieutenant of a county, hath any right to interfere in the election of commoners; and, by statute, the lord warden of the cinque-ports shall not recommend any members there. If any officer of the excise, customs, stamps, or certain other branches of the revenue, presumes to intermeddle in elections, by persuading any voter or dissuading him, he forfeits 100l. and is disabled to hold any office. 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 teffe) 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, as well he that takes as he that offers such bribe forfeits 500l. 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. 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) acknowledged 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. 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 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 administering 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 thereupon, to the clerk of the crown in chancery; before the day of meeting, if it be a new parliament, or within 14 days after the election, if it be an occasional vacancy; and this under penalty of 500l. If the sheriff does not return such knights only as are duly elected, he forfeits, by the old statutes of Henry VI. 100l.; and the returning officer in boroughs, for a like false return, 40l.; and they are besides liable to an action, in which double damages shall be recovered, by the latter statutes of King William: and any person bribing the returning officer shall also forfeit 300l. But the members returned by him are the fitting members, until the house of commons, upon petition, shall adjudge the return to be false and illegal. The form and manner of proceeding upon such petition are now regulated by statute 10 Geo. III. c. 16. (amended by 11 Geo. III. c. 42. and made perpetual by 14 Geo. III. c. 15.), which directs the method of choosing by lot a select committee of 15 members, who are sworn well and truly to try the same, and a true judgment to give, according to the evidence.

ELECTION of Scots Peers. See LORDS.

ELECTION of Ecclesiastical Persons. Elections for the dignities of the church ought to be free, according to the Stat. 9 Ed. II. cap. 14. If any persons, that have a voice in elections, take any reward for an election in any church, college, school, &c. the election shall be void. And if any persons of such societies resign their places to others for reward, they incur a forfeiture of double the sum; and both the parties are rendered incapable of the place. Stat. 31 Eliz. cap. 6.

ELECTION of a Verderor of the Forest (electione vini- dariorum forece), in Law, a writ that lies for the choice of a verderor, where any of the verderors of the forest are dead, or removed from their offices. This writ is directed to the sheriff, and the verderor is to be elected by the freeholders of the county in the same manner as coroners. New. Nat. Brev. 366.

ELECTION is also the state of a person who is left to his own free will, to take or do either one thing or another, which he pleases. See LIBERTY.

in Theology, signifies the choice which God, of his good pleasure, makes of angels or men, for the objects of mercy and grace.

The election of the Jews was the choice God made of that people to be more immediately attached to his worship and service, and for the Messiah to be born of them. And thus particular nations were elected to the participation of the outward blessings of Christianity.

ELECTION also, in the language of some divines, signifies a predestination to grace and glory, and sometimes to glory only. And it has been enjoined as an article of faith, that predestination to grace is gratuitous, merely and simply so; gratia, quia gratis data. But the divines are much divided as to the point, whether election to glory be gratuitous, or whether it supposes obedience and good works, i.e. whether it be before or after the provision of our obedience. See GRACE and REPROBATION.