guilt of the act, by which the conftitution is fo feverely wounded. I wifh not to extenuate the guilt of bribery, nor fhall I endeavour to justify any defign or attempt to deprive a voter of the freedom of his choice; but as the evil is abfolutely effected by the elector, who under every circumftance of influence, fear, hope, or temptation, actually retains the freedom of his action, and therefore of his election, I must neceffarily conclude, that the only effectual prevention of the evil will be the correction of the corrupt difpofition of the electors; without this, every attempt or exertion' of the magistrate will be futile and ineffectual. It is not my intention to enter into the Qualifications minute and particular qualifications of each of electors. elector for a reprefentative in parliament; fuffice it to fay, that the conftitution fuppofes him to be fo independent in life, as not to be under the bias, controul, or influence of any one; therefore every elector for the knight of the shire must have bonâ fide freehold lands in the fhire at least of the annual value of 40s. which at the time of Hen. VI. when this qualification was first required, was equivalent to 201. in the prefent reduced value of money. By not accommodating this qualification to the present value of money, the constitution very much enlarges the rights of electors be yond yond 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. Thefe three laft qualifications are also required in every perfon to be elected. No clergyman, judge, nor fheriff can be elected; nor indeed, generally fpeaking, can any perfon be elected, who holds a place or perfion 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 muft return to his conftituents, if he wifh 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 6ool. 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 conftant attention, which the conftitution fhews to the freedom of elec tions appears through every ftage of the procefs. After iffuing the writs for chufing the members, every precaution is taken, that human forefight can fuggeft, to remove even the 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 paffive and active bribery is punished with the heaviest forfeitures and disabilities. 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, 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 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 administering it only to the electors." Conftitutional freedom of the 'houfe of com mons. I will close this subject 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 so dear to the commons of Great Britain as a free parliament; that is, a house of commons every way free and independent either of the lords or miniftry, &c. free in their perfons; free in their eftates; free in their elections; free in their returns; free in their affembling; free in their fpeeches, debates, and determinations; free to complain of offenders; free in their profecutions for offences; and therein free from the fear and influence of others, how great foever free to guard against the incroachments of arbitrary power; free to preferve the liberties and properties of the fubject; and yet free to part with a share of thofe properties, when neceffary, for the fervice of the public; nor can he be juftly efteemed a reprefentative of the people of Britain, who does not fincerely endeavour to defend their juft rights and liberties against all invafions whatfoever." * Appendix to Lex Parliamentaria, p. 433. СНАР. CHAP. XV. OF THE COLLECTIVE LEGISLATIVE BODY. Shall now prefent my readers with a general outline of the nature, laws, and cuftoms of parliament, united together in one aggregate body. rifdiction of * "The power and jurisdiction of parlia- Power and jument," fays Sir Edward Coke, " is fo tran- parliament. fcendent and abfolute, that it cannot be confined, either for caufes or perfons, within any bounds. And of this high court he adds, it may be truly faid, Si antiquitatem Spectes, eft vetuftiffima; fi dignitatem, eft honoratiffima; fi jurisdictionem, eft capaciffima.' It. 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 * Black. Com. b. i. c. 2. c. 160. +i. e. concerning the civil Eftablishment of Religion, not upon the doctrine or points of revelation. fomewhere Gg 2 |