LAW. 



635 



L registered with the clerk of the peace twelve calendar 

 f BngUnd. mon th-, l>ef'ore. ~. Tliat in mortgaged or trust estates, 

 *"*Y~" the person in possession, under the above mentioned 

 restrictions, shall have the vote. 8. That only one per- 

 son shall be admitted to vote for any one house or 

 tenement, to prevent the splitting of freeholds. 9. That 

 no estate shall qualify a voter, unless the estate has 

 been assessed to some land-tax aid at least twelve 

 mnth* before the election. 10. That no tenant by 

 copy of court roll, shall be permitted to vote as a free- 

 bolder. Thus much for the electors in counties. 

 Of dtaan 10. A* for the electors of citizens and burgesses, who 

 f mcmbcn are supposed to be the mercantile part or trading in- 

 terest of the kingdom, the right of elections in boroughs 

 is various, depending entirely on the several charters, 

 customs, and constitution* of the respective places, 

 which has occasioned infinite disputes ; though now by 

 statute 2 Geo. 1 1. c. 24, the right of voting for the fu- 

 ture, hall be allowed according to the but determina- 

 tion of the House of Commons concerning it. 



11. Next aa to the qualifications of persons to be 

 acted members of the House of Commons. Some of 

 i depend upon the law and custom of parliament, 

 by the House of Commons ; others upon cer- 

 tain statute*. And from these it appears, 1. That they 

 must not be aliens born, or minors. 2. That they must 

 not be any of the twelve judges, because they sit in the 

 lords' house ; nor of the clergy, for they sit in the con- 

 vocation ; nor persons attainted of treason or felony, for 

 they are unfit to sit any where. S. That sheriffs of 

 counties, and mayor* and bailiffs of boroughs, are not 

 eligible in their respective jurisdictions, as being re- 

 turning officers; but that sheriffs of one county are 

 eligible to be knighu of another. 4. That no persons 

 concerned in the management of any duties or taxes 

 Mated since 1692, except the commissioners of the 

 Treasury, nor certain other inferior officers enumerated 

 in the statute* ; nor any persons that hold any new of- 

 fice under the crown created since 1705, are capable of 

 being elected, or sitting as member*. 5. That no per- 

 MB braving a pension under the crown during pleasure, 

 or for any term of years, is capable of being elected or 

 fitting. 6. That if any member accepts an office under 

 the crown, except an officer in the army or navy ac- 

 cepting a new commission, hi* seat is void ; but such 

 member is capable of being re-elected. 7- That all 

 knighu of the hire shall be actual knights, or such no- 

 table cay if ta and gentlemen as have estates sufficient 

 to be knight*, and by no means of the degree of yeo- 

 men. This i* reduced to a still greater certainty, by 

 ordaining, S. That every knight of a shire shall have a 

 clear e*Ute of freehold or copyhold to the value of six 

 hundred pounds per annum, and every citizen and bur- 

 Mas to the value of three hundred pounds ; except the 

 what sons of peer*, and of persons qualified to be 

 knighu of shires, and except the members for the two 

 univerrtie*, which somewhat balance* the ascendant 

 which the boroughs have gained over the counties, 

 by obliging the trading interest to make choice of 

 landed men ; and of this qualification the member 

 must make oath, and give in the particulars in wri- 

 ting at the time of hi* taking his seat. But subject 

 to these standing restrictions and disqualifications, every 

 subject of this realm is eligible of common right, 

 i I i. The third point regarding elections, is the me- 

 thod of proceeding. This is also regulated by the law 

 of pariiainmt, and the several statutes ; for the various 

 minute particular* of which we must refer our readers 

 to BUduvooc's Commcntaria, b. i. c. 2. 



13. The king is the supreme magistrate of the I^w 

 realm. The crown of the united kingdom is descendi- J England. 

 ble, making no distinction of whole or half blood, to ^TT**^*' 

 heirs-male or female; and when it descends upon fe- ^ supreme 

 males, the right of primogeniture prevails. The course magistrate. 

 of its descent is subject to limitation by parliament; 



the legal successor, upon the demise of a king, is im- 

 mediately invested with all the ensigns, rights, and 

 prerogatives of sovereign power. 



14. Whenever the royal prerogatives are suspended Suspension 

 by indisposition or other causes, " The lords, spi- ot regal u- 

 ritual and temporal, and commons assembled, lawfully, thor .y.hw 

 fully, and freely represent all the estates of the peo- supp 



pie ;" and it is their duty to provide the means of 

 supplying that defect, and to appoint a regency under 

 such limitations as may be deemed reasonable. 



15. The duties incumbent upon the king are, to go- Duties of 

 vern his people according to law, to execute judgment the sove- 

 in mercy, and to maintain the established religion, reign. 

 (which he is bound more especially to do by the co- 

 ronation oath,) according to the laws and customs of 



the realm. The king is assisted in his councils by his 

 parliament, his peers, and his privy council ; ncl be- 

 ing so provided with counsellors, is supposed incapa- 

 ble of doing wrong, but his advisers and ministers are 

 punishable for wickedly deceiving him. 



16. The prerogatives of the king are either direct His prero- 

 or incidental. The direct are such positive substantial S atives ' 

 parts of the royal character and authority, as are rooted 



in, and spring from the king's political person. Inci- 

 dental bear always a relation to something else distinct 

 from the king's person ; as that no costs shall be re- 

 covered against the king ; that he never can be a joint 

 tenant ; that his debt shall be preferred before that of 

 the subject ; that where his title and a subject's con. 

 cur, the king's title shall be preferred ; an heir must 

 pay the king's debt, though he be not named in the 

 bend ; and in all cases the king's debt shall be satisfied 

 before that of a subject, and for which there is a pre- 

 rogative writ He is supreme head of the realm in 

 matters both civil and ecclesiastical. No suit or ac- 

 tion can be brought against him, for the courts have 

 no jurisdiction over him ; so that if any person has, in 

 point of property, a demand upon the king, he must 

 petition him in his court of chancery. All persons 

 born in any part of his dominions are his subjects ; 

 or in any part of the world when under his dominion. 

 Under the direct prerogative is comprehended also the 

 power of rejecting bills proffered to him by the lords 

 and commons ; making treaties and alliances with fo- 

 reign states ; coining money ; conferring titles of ho- 

 nour; pardoning offences, with some exceptions; send- 

 ing and receiving foreign ambassadors ; of making war 

 and peace; of issuing reprisals; of granting sate con- 

 ducts, &c. He is considered as generalissimo over all 

 the military forces in the united kingdom; has the 

 power of raising and regulating fleets and armies ; can 

 likewise restrain his subjects from going abroad, or re- 

 cal them from foreign parts. 



17. The king is also the fountain of justice, and Is the foun. 

 general conservator of the peace; all jurisdictions de- t ? in f Jus- 

 rive their authority from him ; therefore he may lce ' 

 erect courts, prosecute offenders, pardon crimes, (ex- 

 cept impeachments by parliament), and issue pro- 

 clamations, if not contrary to the common law, sta- 

 tutes or customs of the realm, and no proclama- 

 tions can create an offence that was not so before. 

 He is likewise the fountain of honour and of office; 

 whereby he is enabled to reward those who have 

 6 



