The Parliamentary Elections Act 1695 (
7 & 8 Will. 3. c. 25) was an
Act of the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
regulating elections to the
English House of Commons
The House of Commons of England was the lower house of the Parliament of England (which incorporated Wales) from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of ...
.
Provisions
Section 3 of the Act required that an election to a
county constituency
In the United Kingdom (UK), each of the electoral areas or divisions called constituencies elects one member to the House of Commons.
Within the United Kingdom there are five bodies with members elected by electoral districts called "constituenc ...
had to take place at the
county court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
, and that the court had to be held at the place where it had most often been held in the preceding forty years (in effect, at the
county town
In the United Kingdom and Ireland, a county town is the most important town or city in a county. It is usually the location of administrative or judicial functions within a county and the place where the county's members of Parliament are elect ...
). This was to prevent an electoral abuse where the
county sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
held the election at a place more convenient for voters favourable to one of the candidates.
Section 6 sought to prevent
faggot voter
A faggot voter or faggot was a person who qualified to vote in an election with a restricted suffrage only by the exploitation of loopholes in the regulations. Typically, faggot voters satisfied a property qualification by holding the title to a su ...
s by requiring that the a voter's
forty shilling freehold was a
bona fide
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
holding and not a temporary
conveyance
Conveyance may refer to:
* Conveyance, the documentation of the transfer of ownership of land from one party to another—see conveyancing
* Public conveyance, a shared passenger transportation service
* A means of transport
* Water conveyance, a ...
.
Section 7 established the minimum
voting age
A voting age is a minimum age established by law that a person must attain before they become eligible to vote in a public election. The most common voting age is 18 years; however, voting ages as low as 16 and as high as 25 currently exist
(s ...
and
age of candidacy
Age of candidacy is the minimum age at which a person can legally hold certain elected government offices. In many cases, it also determines the age at which a person may be eligible to stand for an election or be granted ballot access.
The firs ...
as 21, which was the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
under
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. Underage MPs were seldom unseated before the
Reform Act 1832
The Representation of the People Act 1832 (also known as the 1832 Reform Act, Great Reform Act or First Reform Act) was an Act of Parliament, Act of Parliament of the United Kingdom (indexed as 2 & 3 Will. IV c. 45) that introduced major chan ...
:
Vicount Jocelyn was 18 in
1806
Events
January–March
* January 1
** The French Republican Calendar is abolished.
** The Kingdom of Bavaria is established by Napoleon.
* January 5 – The body of Horatio Nelson, 1st Viscount Nelson, lies in state in the Painted Hall ...
.
Section 8 provided that polling in
Yorkshire
Yorkshire ( ; abbreviated Yorks), formally known as the County of York, is a Historic counties of England, historic county in northern England and by far the largest in the United Kingdom. Because of its large area in comparison with other Eng ...
, previously begun on a Monday, should instead begin on Wednesday. This was from a
sabbatarian
Sabbatarianism advocates the observation of the Sabbath in Christianity, in keeping with the Ten Commandments.
The observance of Sunday as a day of worship and rest is a form of first-day Sabbatarianism, a view which was historically heralded ...
desire to prevent voters travelling on Sunday to the polling place.
Section 9 provided that the poll for
Hampshire
Hampshire (, ; abbreviated to Hants) is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in western South East England on the coast of the English Channel. Home to two major English citi ...
would be taken first at
Winchester
Winchester is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs Nation ...
and then, after an adjournment, at
Newport for the convenience of voters on the
Isle of Wight
The Isle of Wight ( ) is a county in the English Channel, off the coast of Hampshire, from which it is separated by the Solent. It is the largest and second-most populous island of England. Referred to as 'The Island' by residents, the Isle of ...
.
Repeal
Some of the Act was
implicitly repealed by the
Reform Act 1832
The Representation of the People Act 1832 (also known as the 1832 Reform Act, Great Reform Act or First Reform Act) was an Act of Parliament, Act of Parliament of the United Kingdom (indexed as 2 & 3 Will. IV c. 45) that introduced major chan ...
.
The whole Act except section 7 was, and in section 7 the words from the beginning of the section to "any future parliament" where those words first occurred were, repealed by section 80(7) of, and Schedule 13 to, the
Representation of the People Act 1948
The Representation of the People Act 1948 was an Act of the Parliament of the United Kingdom that altered the law relating to parliamentary and local elections. It is noteworthy for abolishing plural voting for parliamentary elections, including ...
.
Section 7 was repealed by sections 17(7)(a) and 74(2) of, and Schedule 2 to, the
Electoral Administration Act 2006
The Electoral Administration Act 2006 is an Act of the Parliament of the United Kingdom, passed on 11 July 2006.
Among its main provisions, the Act:
* Provides a legislative framework for setting up a "Coordinated Online Record of Electors", kn ...
.
The whole Act was repealed for the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
by the
Electoral Act 1963
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operate ...
.
Footnotes
References
*
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
External links
The Parliamentary Elections Act 1695 as amended, from
Legislation.gov.uk
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and a ...
.
Chapter XXV. Rot. Parl. 7 & 8 Gul. III. p. 5. n. 11.as originally enacted, from History of Parliament Trust
Acts of the Parliament of England
1695 in law
1695 in England
Election law in the United Kingdom
Election legislation
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