swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Elections - From: 1200 To: 1799
This page lists 12 cases, and was prepared on 21 May 2019.
James Bagg's Case; KBD 1572 - [1572] EngR 202; (1572-1616) 11 Co Rep 93; (1572) 77 ER 1271
Barnardiston v Soam (No 1) [1685] EngR 216; (1685) 3 Keb 389; (1685) 84 ER 783
1685
Legal Professions, Elections
1 Citers
[ Commonlii ]
Barnardiston v Soam (No 2) [1685] EngR 215; (1685) 3 Keb 419; (1685) 84 ER 798 (D)
1685
Legal Professions, Elections
1 Cites
1 Citers
[ Commonlii ]
Barnardiston v Soam (No 4) [1685] EngR 214; (1685) 3 Keb 442; (1685) 84 ER 812 (D)
1685
Elections, Legal Professions
1 Cites
1 Citers
[ Commonlii ]
Barnardiston v Soame [1702] EngR 9; (1702) Pollex 470; (1702) 86 ER 615
1702
North CJ
Legal Professions, Elections
On the death of Sir Henry North, one of the knights for Suffolk ; a writ was issued forth for the election of a new member, and Sir Samuel Barnardiston and my Lord Huntingtowre were the two candidates ; but Sir Samuel carried it by 78 voices, and was returned ; and my Lord Huntingtowre having made an interest with the sheriff, got the sheriff to return him too, and he sat in the House till the election was there determined for Sir Samuel : whereupon Sir Samuel Barnardiston, for this double return, brought an action upon the case against the sheriff, and tried it at the King's Bench Bar, 12 Nov. 1674, before my Lord Chief Justice Hale, and recovered 1000l damages : and afterwards a writ of error was brought in the Exchequer-Chamber, and there the judgment in the King's-Bench was reversed :
North CJ said: "They who are intrusted to judge, ought to be free from vexation, that they may determine without fear; the law requires courage in a judge, and therefore provides security for the support of that courage."
1 Cites
1 Citers
[ Commonlii ]
Ashby v White [1703] 92 ER 126; 1 Smith's Leading Cases (13th ed ) 253
1703
KB
Lord Holt CJ
Torts - Other, Elections
Mr Ashby a burgess of the borough of Aylesbury was deprived of his right to vote by the misfeasance of a returning officer. Held: The majority rejected the claim.
Lord Holt CJ (dissenting) An action would lie: "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy: for want of a right and want of remedy are reciprocal . . . My brother Powell thinks that an action on the case is not maintainable because there is no hurt or damage to the plaintiff but surely every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary but an injury imports a damage, when a man is thereby hindered of his rights." The right to vote was "a thing of the highest importance" and on his ruling: "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal".
1 Citers
Matthew Ashby v William White And Others [1703] EngR 37; (1703) 1 Bro PC 62; (1703) 1 ER 417
14 Jan 1703
PC
Elections
An action on the case lies, by a burgess, against the returning officer of the borough, for refusing his vote at an election of members to serve in Parliament.
[ Commonlii ]
Alexander Mill of Hatton, William Ross, and David Butter, Baillies of The Town of Montrose, for Themselves and Other Magistrates of The Said Town v Colonel Robert Reid and Others, Members of The Town Council of The Said Burgh [1723] UKHL Robertson - 452; (1723) Robertson 452
23 Jan 1723
HL
Scotland, Elections, Constitutional, Magistrates
Member of parliament - In an action to reduce the election of certain magistrates of a royal burgh, on account of the imprisonment of certain of the electors by the provost, who was a member of parliament: the provost's privilege of parliament could not be pleaded to stop the declarator against the other defenders, as not elected by a sufficient quorum:
And the provost's privilege of parliament could not stop the pursuers from insisting upon the reason of reduction, that some of the electors were unwarrantably imprisoned by the provost.
Burgh Royal -It was relevant to annul the election of magistrates, that the provost had unwarrantably imprisoned some of the electors, during the time of the election, with an intention to prevent their giving their votes at that election.
[ Bailii ]
Hoggan, Provost of The Burgh of Kinghorn, Et Alii v William Wardlaw, Colonel James St Clair, Et Alii [1735] UKHL 1 - Paton - 148; (1735) 1 Paton 148
10 Mar 1735
HL
Scotland, Elections
Pactum illicitum - Member Of Parliament - A bond entered into by a portion of a body of electors, binding themselves to vote according to the opinion of the majority of their number, found to be contra bonos mores and illegal. The election following thereon annulled.
Borough Royal - The sett recorded in the books of the Convention of Royal Burghs must be adhered to, notwithstanding that previous contrary practice be alleged,
[ Bailii ]
George Heriot, Et Alii, Styling Themselves Magistrates and Members of The Town Council of Haddington v William Ray, Et Alii, Likewise Styling Themselves Magistrates and Members of The Town Council of Haddington [1735] UKHL 1 - Paton - 171; (1735) 1 Paton 171
30 Apr 1735
HL
Scotland, Elections
Burgh royal - Prescription - Act 7. Geo. II. c. 16. An action being brought for setting aside the election of Magistrates on the ground of irregularities in the previous election of deacons of trades,it was found that the limitation of eight weeks imposed by the statute, was to be reckoned from the date of the election of Magistrates, and not from that of the deacons.
It was found that, in the event of an equality at the election of a deacon of the trade, the old deacon had a casting vote.
It being argued that a person was disqualified for voting at the election of a deacon, because he was bellman of the borough - the objection was repelled.
[ Bailii ]
The Honourable Alexander Hume Campbell v David Hume, Esq Sheriff-Depute of Berwickshire, and John Sinclair [1743] UKHL 1 - Paton - 346; (1743) 1 Paton 346
1 Mar 1743
HL
Elections
No action lies upon this statute against the Sheriff, for making a double return; but action lies against the clerk chosen by the minority of the meeting, who secede from the rest, for returning to the Sheriff the candidate elected by that minority. ( - Member of Parliament. - Act 7. Geo. II. c. 16.)
[ Bailii ]
Drewe v Coulton (1787) 1 East 563n
1787
Elections