Imatges de pàgina
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Qualifications of the elected.

Means of pre

ferving the free

the original intention. Almost every city and borough has its peculiar qualification for voting. Every voter must be of full age, a natural-born fubject, and rectus in curia.

These three laft qualifications are alfo required in every perfon to be elected. No clergyman, judge, nor fheriff can be elected; nor indeed, generally speaking, can any perfon be elected, who holds a place or penfion under the crown, by which the freedom of his conduct may be fuppofed to be biaffed. And if any member of parliament accepts an office under the crown, he thereby vacates his feat, and must return to his constituents, if he wish to be re-elected, that they may have the liberty of rejecting him, if they think, that the acceptance of fuch office will affect the freedom of his parliamentary conduct. A knight of the fhire must have a qualification of 600l. per ann. bona fide freehold landed property; and every citizen and burgefs at least 300l. per ann. of like bona fide freehold landed property.

The great and constant attention, which dom of the elec- the conftitution fhews to the freedom of elec

tors.

tions appears through every ftage of the process. After iffuing the writs for chufing the members, every precaution is taken, that human forefight can fuggeft, to remove even

the poffibility of any undue influence over the freedom of the electors; all foldiers are removed from the place of election; the interference of peers and certain officers of the crown is most strictly prohibited; the offer or promife of any money, entertainment, profit, promotion, or advantage, in order to the election induces the inability to be elected; and passive and active bribery is punished with the heaviest forfeitures and difabilities.

« Undue influence being thus (I wish the depravity of mankind would permit me to fay effectually) guarded against, the election is to be proceeded to on the day appointed; the fheriff or other returning officer first taking an oath against bribery, and for the due execution of his office. The candidates likewife, if required, muft fwear 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 amifs 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 adminiftering it only to the electors."—

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Conftitutional freedom of the houfe of com

mons.

I will close this fubject with the words of an author, who has taken much pains to collect the rights and duties of the house of com

mons.

"There is nothing ought to be fo dear to the commons of Great Britain as a free parliament; that is, a boufe of commons every way free and independent either of the lords or ministry, &c. free in their perfons; free in their eftates; free in their elections; free in their returns; free in their affembling; free in their speeches, debates, and determinations; free to complain of offenders; free in their profecutions for offences; and therein free from the fear or influence of others, how great foever; free to guard against the incroachments of arbitrary power; free to preserve the liberties and properties of the fubject; and/ yet free to part with a fhare of those properties, when neceffary, for the fervice of the public; nor can he be justly esteemed a reprefentative of the people of Britain, who does not fincerely endeavour to defend their just rights and liberties against all invafions whatfoever."

* Appendix to Lex Parliamentaria, p. 433

CHAP.

CHAP. XV.

OF THE COLLECTIVE LEGISLATIVE BODY.

I

Shall now prefent my readers, with a general outline of the nature, laws, and customs of parliament, united together in one aggregate body.

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"The power and jurifdiction of parliament," fays Sir Edward Coke, " is fo tranfcendent and abfolute,' that it cannot be confized, either for caufes or perfons, within any bounds. And of this high court he adds, it may be truly faid, Si antiquitatem Speltes, eft vetuftiffima; fi dignitatem, eft honoratiffima; fi jurifdictionem, eft capaciffima.' hath fovereign and uncontroulable authority in making, confirming, enlarging, reftraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all poffible denominations, † ecclefiaftical, or temporal, civil, military, maritime, or criminal; this being the place, where that abfolute defpotic power, which must in all governments refide

*Blak. Com. b. i. c. 2. c. 160.

ti. e. concerning the civil Eftablishment of Religion, not upon the doctrine or points of revelation.

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Power and ju parliament.

rifdiction of

Omnipotence of parliament.

fomewhere, is entrusted by the conftitution of these kingdoms. All mischiefs and griev"ances, operations and remedies, that tranfcend the ordinary courfe of the laws, are within the reach of this extraordinary tribunal. It can regulate or new model the fucceffion to the crown; as was done in the reign of Henry VIII. and William III. It can alter the established religion of the land; * as was done in a variety of inftances, in the reigns of king Henry VIII. and his three children. It can change and create afresh even the conftitution of the kingdom, and of parliaments themfelves; as was done by the act of union, and the several statutes for triennial and feptennial elections. It can in short do every thing, that is not naturally impoffible; and therefore fome have not fcrupled to call its power by a figure rather too bold, the omnipotence of parliament. True it is, that what the parliament doth, no authority upon earth can undo. So that it is a matter most effential to the liberties of this kingdom, that fuch members be delegated to this important truft, as are most eminent for their probity, their fortitude, and their knowledge.

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