634 LAW. 



Law fallen into disuse, or become disreputable; remedial, 

 <.f England. w hen made to supply such defects, and abridge such 

 ^"V"-' superfluities in the common law, as arise either from 

 the general imperfection of all human laws, from change 

 of time and circumstances, from the mistakes and un- 

 advised determinations of unlearned (or even learned) 

 judges, or from any other cause whatsoever. And this 

 being done either by enlarging the common law where 

 it was too narrow and circumscribed, or by restraining 

 it where it was too lax and luxuriant, has occasioned 

 another subordinate division of remedial acts of parlia- 

 ment into enlarging and restraining statutes. 



Equity. 12. These are the several grounds of the laws of 



England ; over and above which, equity is also fre- 

 quently called in to assist, to moderate, and to explain 

 them. What equity is, and how impossible in its very 

 essence to be reduced to stated rules, we shall not here 

 inquire. We shall only observe, that (besides the li- 

 berality of sentiment with which the common law 

 judges interpret acts of parliament, and such rules of 

 the unwritten law as are not of a positive kind,) there 

 are also peculiar courts of equity established for the be- 

 nefit of the subject ; to detect latent frauds and con- 

 cealments, which the process of the courts of law is not 

 adapted to reach ; to enforce the execution of such mat- 

 ters of trust and confidence as are binding in con- 

 science, though not cognizable in a court of law ; to 

 deliver from such dangers as are owing to misfortune 

 or oversight ; and to give a more specific relief, and 

 more adapted to the circumstances of the case, than 

 can always be obtained by the generality of the rules 

 of the positive or common law. This is the business of 

 our courts of equity, which, however, are only conver- 

 sant in matters of property. For the freedom of our 

 constitution will not permit, that in criminal cases a 

 power should be lodged in any judge to construe the 

 Jaw otherwise than according to the letter. This cau- 

 tion, while it admirably protects the public liberty, can 

 never bear hard upon individuals. A man cannot suf- 

 fer more punishment than the law assigns, but he may 

 suffer leas. The laws cannot be strained by partiality, 

 to inflict a penalty beyond what the letter will warrant ; 

 but in cases where the letter induces any apparent 

 hardship the crown has the power to pardon. 



BOOK I. 



OF THE RIGHTS OP PERSONS. 



CHAP. I. Of Parliament ; and of Magistrates, supreme 

 and subordinate. 



1. The most universal public relation by which men 

 are connected together is that of government ; name- 

 ly, as governors and governed ; or, in other words, as 

 magistrates and people. 



Parliament. 2. Parliament is the legislative branch of the su- 

 preme power of Great 'Britain and Ireland, consisting 

 of the king ; the lords spiritual and temporal ; and the 

 knights, citizens, and burgesses, representatives of the 

 commons of the realm in parliament assembled. The 

 consent of these three states is required, to make any 

 new law that can bind the subject. 



3. The power of parliament is so transcendent and 

 absolute, that it cannot be confined, either for causes or 

 persons, within any bounds. It has sovereign and un- 

 controllable authority in making, confirming, enlarg- 

 ing, restraining, abrogating, repealing, reviving, and 

 expounding of laws, concerning matters of all possible 

 denominations, ecclesiastical or temporal, civil, milita- 



Relation of 

 governors 

 and govern- 

 ed. 



Its consti- 

 tuent parts. 



Its power. 



ry, maritime, or criminal. It is, without doubt, a court Law 

 of record over which none other can have jurisdiction. " f England, 



4. Every member must be above twenty-one years " """ 

 of age ; and before he is permitted to tak* his seat, 



must take the oath of allegiance, supremacy, and abju- 

 ration. A member has privilege of speech while in the 

 house ; and proceedings in parliament cannot be im- 

 peached or questioned in any court or place out of 

 parliament. Every member is privileged from arrest 

 forty days after prorogation, and forty days before the 

 next assembling. The person of a peer is always sa- 

 cred; but neither peer nor commoner has privilege 

 against an indictable offence. A member who is a tra- 

 der, may be served with legal process for any just debt 

 to the amount of 100; and unless he makes satisfac- 

 tion within two months, it shall be deemed an act of 

 bankruptcy, and thereupon a commission may issue. 



5. The peculiar privileges of the lords (who sit in a Peculiar 

 separate house by themselves) are, to be attended by p l l , vll ? es 

 the sages of the law in matters of appeal, &c. ; to make 

 proxies ; to enter protests ; and to regulate the election 



of the sixteen peers of North Britain. But their most 

 distinguishing privilege is that of exercising the judi- 

 cial authority as a court of appeal of the last and high- 

 est resort. 



6. The peculiar privileges of the commons (who sit Peculiar 

 by themselves in another house, ) relate principally to privileges 

 the raising of taxes, and the elections of their members. of com " 



7. With regard to the first, it is the ancient indispu- m 

 table privilege and right of the House of Commons, ^""j^ 

 that all grants of subsidies or parliamentary aids do be- m ust origi- 

 gin in their house, and are first betowed by them ; al- naie with 

 though these grants, to be effectual, require the assent 'hem. 



of the other two branches of the legislature. 



8. With regard to the election of members, three Election of 

 things may be considered. 1. The qualifications of the members. 

 electors. 2. The qualifications of the elected. 3. The 

 proceedings at elections. 



p. As to the qualifications of the electors. And, first, Q ualifi <- 

 those of electors of knights of the shire. 1. By sta- *'k" t s s o{ 

 tute 8 Hen. VI. c. 7, and 10 Hen. VI. c. 2, (amended county 

 by 14<. Geo. III. c 58,) the knights of the shire shall member* 

 be chosen by people whereof every man shall have 

 freehold to the value of forty shillings by the year 

 within the county; which (by subsequent statutes) is 

 to be clear of all charges and deductions, except par- 

 liamentary and parochial taxes. The knights of shires 

 are the representatives of the landholders, or landed in- 

 terest of the kingdom. Their electors must therefore 

 have estates in lands or tenements within the county 

 represented. These estates must be freehold, that is, 

 for term of life at least. 2. No person under twenty, 

 one years of age shall be capable of voting for any mem. 

 ber. This extends to all sorts of members, as well for 

 boroughs as counties ; as does also the. next, viz. 3. No 

 person convicted of perjury, or subornation of perjury, 

 shall be capable of voting in any election. 4. No per- 

 son shall vote in right of any freehold granted to him 

 fraudulently to qualify him to vote. Fraudulent grants 

 are such as contain an agreement to recover, or to de- 

 feat the estate granted ; which agreements are made 

 void, and the estate is absolutely vested in the person 

 to whom it is so granted. And to guard the better 

 against such frauds, it is farther provided, 5. That every 

 voter shall have been in the actual possession, or re- 

 ceipt of the profits, of his freehold to his own use for 

 twelve calendar months before ; except it came to him 

 by descent, marriage, marriage-settlement, will, or pro- 

 motion to a benefice or office. 6. That -no person shall 

 vote in respect of an annuity or rent-charge, unless 



