OF THE RIGHTS OF PERSONS.
I. The most universal public relation by which men are connected together is that of government ; namely, as go• venurs and governed ; or, in other words, as magistrates and people.
2. Parliament is the legislative branch of the supreme power of Great Britain and Ireland, consisting of the king ; the lords spiritual and temporal ; and the knights, citi zens, 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 abso lute, that it cannot be confined, either for causes or persons, within any bounds. It has sovereign and uncontroulable authority in making, confirming, enlarging, restraining, ab rogating, repealing, reviving, and expounding of laws, con cerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal. It is, without doubt, a court of record over which none other can have jurisdiction.
4. Every member must be above twenty-one years of age ; and before he is permitted to take his seat, must take the oath of allegiance, supremacy, and abjuration. A member has privilege of speech while in the house ; and proceedings in parliament cannot be impeached or ques tioned in any court or place out of parliament. Every member is privileged from arrest forty days after proroga tion, and forty days before the next assembling. The per son of a peer is always sacred ; but neither peer nor com moner has 'privilege against an indictable offence. A member who is a trader, may be served with legal process for any just debt to the amount of 100/. ; and unless he makes satisfaction 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 separate house by themselves) are, to be attended by 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 judicial authority as a court of appeal of the last and highest resort.
6. The peculiar privileges of the commons (who sit by themselves in another house,) relate principally the rais ing of taxes, and the elections of. their members.
7. With regard to the first, it is the ancient indisputable privilege and right of the House of Commons, that all grants of subsidies or parliamentary aids do begin in their house, and are first bestowed by them ; although these grants, to be effectual, require the assent of the other two branches of the legislature.
3. With regard to the election of members, three things may be considered. 1. The qualifications of the electors. 2. The qualifications of the elected. 3 The proceedings at elections.
9. As to the qualifications of the electors. And, first, those of electors of knights of the shire. 1. By statute 8 Hen. VI. c. 7, and 10 Hen. VI. c. 2, (amended by 14 Geo. III. c. 58,) the knights of the shire shall be chosen by peo ple, 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 de ductions, except parliamentary and parochial taxes. The knights of shires are the representatives of the landholders, or landed interest of the kinpdorn. 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 member. This extends to all sorts of members, as well for boroughs as counties ; as does also the next, viz. 3. No person con victed of perjury, or subornation of perjury, shall be capa ble of voting in any election. 4. No pet-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 defeat the estate granted ; which agreements are made void, and the estate is abso lutely vested in the person to whom it is so granted. And to guard the Netter against such frauds, it is farther pro vided, 5. That every voter shall have been in the actual possession, or receipt 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 promotion to a benefice or office. 6. That no per son shall vote in respect of an annuity or rent-charge, un less registered with the clerk of the peace twelve calendar months before. 7. That in mortgaged or trust estates, the person in possession, under the above mentioned restric tions, shall have the vote. 8. That only one person shall be admitted to vote for any one house or tenement, to pre• vent the splitting of freeholds. 9. That no estate shall qualify a voter, unless the estate has been assessed to some land-tax laid at least twelve months before the election. 10. That no tenant by copy of court roll shall be permitted to vote as a freeholder. Thus much for the electors in counties.