necessary, that the body of nobles should have a distinct assembly, distinct deliberations, and distinct powers from the commons.

The Commons. The commons consist of all such men of property in the kingdom, as have not seats in the house of lords; every one who has a voice in parliament, personally or by his representatives. In a free state, a branch at least of the legislative power should reside in the whole body of the people. In the petty republics of Greece, and in the first rudiments of the Roman state, this power was exercised by the people in their aggregate or collective capacity. In so large a country as ours, the people do that by their representatives, which it is impracticable to perform in person. Every member, though chosen by one particular district, serves for the entire realm, not simply for his constituents, but for the commonwealth. Therefore he is not bound to consult his constituents, unless he deems it prudent so to do.

Joint Action Necessary. These are the constituent parts of a parliament, the king, the lords spiritual and temporal, and the commons. The consent of all three is required to enact any new law, that shall bind the subject. The statute enacts, that if any person shall affirm, that both or either house of parliament has any legislative authority without the king, he shall incur the penalties of praemunire.

3. Laws and Customs Relating to Parliament. The power and jurisdiction of parliament, says Coke, are so absolute, that they cannot be confined, either for causes or persons, within any bounds. It has sovereign authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving and expounding of laws, concerning matters ecclesiastical or temporal, civil, military, maritime or criminal. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal. It can regulate the succession to the crown, as was done in the reigns of Henry VIII and William III. It can alter the established religion, as occurred in the reign of Henry VIII and his three children. It can change even the constitution of the kingdom and parliament itself, and in short can do everything that is not naturally impossible. What it does, no authority on earth can undo. So long as the English constitution lasts, the power of parliament is absolute.

Qualifications of Members. Every member must have reached the age of twenty-one years. He must take the oath of allegiance, supremacy and abjuration, and repeat the declaration against certain religious observances.1 Aliens, even though naturalized, are ineligible. Sentence for criminal acts disbars a party. Each house decides, as to the eligibility of its own members.

Privileges of Members. These privileges were not only intended to protect the members from being molested by their fellow subjects, but also more especially from being oppressed by the power of the crown. The dignity and independence of the two houses are in great measure preserved, by keeping their immunities indefinite. Some of their privileges, however, are those of speech, of persons, of their domestics, and of their lands and goods. Their freedom of speech ought not to be questioned in any court or place out of parliament. They are privileged from arrest and seizure by process from the courts of law. To assault, by violence, a member of parliament, or even his menial servant, is a high contempt of parliament, and is punished with severity. No member can be arrested and taken into custody, unless for some indictable offence, without a breach of the privilege of parliament. A peer's person is forever sacred and inviolable, and that of a member of the house of commons, for forty days after every prorogation, and forty days before the next appointed meeting, which is now in effect as long as the parliament subsists, it seldom being prorogued at any time for more than fourscore days. Formerly courts of justice took cognizance of privilege of parliament by writ of privileges, in the nature of a supersedeas, to deliver the party out of custody, when arrested in a civil suit. But now such an arrest is irregular ab initio, and a party is discharged on motion. The claim of privilege has been usually guarded with an exception, as to the case of indictable crimes, of treason, felony or breach of the peace. These privileges of members of parliament have been restricted, so that at the present time the chief, if not the only privilege, of parliament in such cases, seems to be the right of receiving immediate information of the imprisonment or detention of any member, with the reasons for which he is detained.

1 Roman Catholic members take a different oath.

4. The Laws and Customs of the House of Lords. These will be treated of in the third and fourth books. One peculiar privilege, was the right to kill one or two deer in the king's forests, in going to and from parliament. Another was the right to be attended by the judges of the courts of king's bench and common pleas, as likewise by the king's learned counsel, and by the masters in chancery. The peer also has a right to vote in parliament by proxy, which does not exist in the house of commons. His reasons for giving a dissenting vote are allowed to be entered on the journal, termed his protest. All bills, that may affect the right of the peerage, are by the custom of parliament, first discussed in the upper house, and are to suffer no amendments in the house of commons.

5. The Laws and Customs of the House of Commons. These relate principally to the raising of taxes and the election of members.

Taxes. All grants of subsidies originate in the house of commons, but are not effectual until they have the assent of the other two branches of the legislature. The reason of this exclusive privilege is, that the supplies are raised upon the body of the people, and it is therefore proper, that they alone should have the privilege of taxing themselves. Yet a large share of the property taxed is in the possession of the nobility, and, therefore, the commons not being the sole persons taxed, this cannot be the cause of their having the sole right of raising and modelling the supply. The true reason, arising from the spirit of our constitution, appears to be this: The lords, being a permanent, hereditary body, created at pleasure by the king, are more influenced by the crown than the commons, who are a temporary, elective body. It would, therefore, be dangerous to give the lords the power of framing new laws for the subject; it is sufficient that they have the power of rejecting, if they think the commons too lavish. They, however, have no power of amendment in such matters.

Elections. In regard to the election of knights, citizens and burgesses, we notice the exercise of the democratic part of our constitution, for in a democracy, there can be no exercise of sovereignty, but by suffrage, which is a declaration of the people's will. The Athenians were so jealous of this prerogative, that a stranger, who interfered in the assemblies of the peo

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ple, was deemed guilty of high treason, and punished with death.

(1) Qualification of Electors. The reason for requiring a property qualification in voters, is to exclude such persons, as are in so mean a situation, as presumably to have no will of their own. If these persons had votes, they would be tempted to dispose of them under some undue influence or other. This would give a prominent, an artful or a wealthy man a larger share in elections, than is consistent with general liberty.

Roman Elections. In Rome in earlier times, the method of voting was by centuries, and property not numbers, turned the scale. Subsequently when the tribunes of the people introduced the method of voting by tribes, numbers only were regarded, and property entirely overlooked.

English Voters. The English constitution steers between the two extremes. Only such are entirely excluded, as can have no will of their own. 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 than one poll.

Knights of the Shire. (1) Electors of knights of the shire must have freehold to the value of forty shillings a year in the county, clear of all deductions, except of taxes. The knights of shires are representatives of the land holders. The estate of the elector must be a freehold, that is for life at least. This sum is equivalent to about twenty pounds at present. (2) The voter must be at least twenty-one years of age. (3) No person convicted of perjury shall be entitled to vote. (4) Fraudulent conveyance of a freehold shall not entitle one to vote. (5) Every voter shall have in actual possession, or be in receipt of the profits of his freehold for twelve months. (6) No one shall vote in respect of an annuity or rent charge, out of a freehold estate, unless registered twelve months before. (7) In mortgaged or trust estates, the person in possession shall have the vote. (8) Only one person shall be permitted to vote for one house, to prevent the splitting of freeholds. (9) The voter's estate must have been assessed at least twelve months before the election. (10) No tenant by copy roll shall vote as a freeholder.

Electors of Citizens and Burgesses. These are supposed to be the mercantile part or trading interest of the kingdom. Formerly the crown summoned the most flourishing

towns to send representatives to parliament. The misfortune was, that the deserted boroughs continued to be summoned, as well as those to whom their trade was transferred. The universities were in general not empowered to send burgesses to parliament. But James I indulged them with the permanent privilege of sending two members to protect the rights of the republic of letters. A voter must have been admitted to his freedom twelve months.

(2) Qualifications of Members of the House of Commons. (1) They must not be alien born or minors.. (2) They must not be any of the twelve judges, nor the clergy, nor persons attainted of treason or felony. (3) Sheriffs, mayors and bailiff's are not eligible in their own counties. (4) Originally they must have been inhabitants of the places from whence elected, but recently this has been repealed. (5) Certain public officers and agents are ineligible. (6) Pensioners under the crown are ineligible. (7) No one accepting an office under the crown, except an officer of the army or navy accepting a new commission, is eligible. (8) All knights of the shire shall be actual knights, or have estates sufficient to be knights. (9) Every knight of a shire shall have a clear estate of freehold to the value of six hundred pounds per annum, and every citizen and burgess to the value of three hundred pounds, except the eldest sons of peers and of persons qualified to be knights of shires, and the members for the two universities. Subject to these restrictions and disqualifications, every subject of the realm is eligible. As soon as par

(3) Method of Conducting Elections. liament convenes, the chancellor, or if a vacancy during the session, the speaker, by order of the house, and without such order, if a vacancy occur by death, or the member's becoming a peer, sends his warrant to the clerk of the crown in chancery, who issues writs to the sheriff of every county for the election of members. Within three days thereafter, the sheriff sends his precept to the returning officers of the cities and boroughs, commanding an election, which they proceed to do within eight days, giving four days notice. The election of knights of the shire must be proceeded with by the sheriff in person at the next county court, which is held monthly by him to try petty causes, not exceeding forty shillings. All undue influences upon electors are illegal. Soldiers must be removed at least two miles from the polls. Riots will make an election void.