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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 againft, the election is to be proceeded to on the day appointed; the sheriff 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 administering it only to the electors."

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Conftitutional freedom of the houfe of com

mous.

I will clofe 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 preferve the liberties and properties of the fubject; and yet free to part with a fhare of thofe 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.

CHA P. 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.

It

*«The power and jurifdiction of parliament," fays Sir Edward Coke," is fo tranfcendent and abfolute, that it cannot be confined, either for causes or perfons, within any bounds. And of this high court he adds, it may be truly faid, 'Si antiquitatem fpectes, eft vetuftiffima ; fi dignitatem, eft honoratiffima; fi jurifdictionem, eft capaciffima.' hath fovereign and uncontroulable authority in making, confirming, enlarging, restraining, 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 constitution of these kingdoms. All mischiefs and grievances, operations and remedies, that tranfcend the ordinary course 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 themselves; as was done by the act of union, and the feveral statutes for triennial and feptennial elections. It can in fhort 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 moft 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.

* i. e. the civil Establishment of it.

In

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In order to prevent the mischiefs, that might arife by placing this extenfive authority in hands, that are either incapable, or else improper to manage it, it is provided by the custom and law of parliament, that no one shall fit or vote in either house, unless he be twenty-one years of age. This is alfo exprefsly declared by statute 7 & 8 W. III. c. 25, with regard to the house of commons; doubts having arisen from fome contradictory adjudications, whether or no a minor was incapacitated from fitțing in that house. It is also enacted by statute 7 Jac. I. c. 6. that no member be permitted to enter the house of commons, till he hath taken

No minors to

fit in either

house.

Oaths required

to qualify the members to

take their feats.

the oath of allegiance before the lord steward, or his deputy; and by 30 Car. II. ft. 2. and 1 Geo. I. c. 13, that no member shall vote or fit in either house, till he hath, in the presence of the houfe, taken the oaths of allegiance, fupremacy, and abjuration, and subscribed, and repeated the declaration against transubftantiation, and invocation of faints, and the facrifice of the mafs. Aliens, unless natura- aliens. lized, were likewife by the law of parliament incapable to serve therein; and now it is enacted, by ftatute 12 & 13 W. III. c. 2. that no alien, even though he be naturalized, fhall be capable of being a member of either houfe of parliament. And there are not only thefe

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Exclufion of

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