10. As for the electors of citizens and burgesses, who are supposed to be the mercantile part or trading interest of the kingdom, the right of elections in boroughs is vari ous, depending entirely on the several charters, customs, and constitutions of the respective places, which has occa sioned infinite disputes ; though now, by statute 2 Geo. II. c. 24, the right of voting, for the future, shall be al lowed according to the last determination of the House of Commons concerning it.
11. Next as to the qualifications of persons to be elected members of the House of Commons. Some of these de pend upon the law and custom of parliament, declared by the House of Commons ; others upon certain statutes. And from these it appears, I. 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 convocation ; nor persons attaint ed of treason or felony, for they are unfit to sit any where. 3. That sheriffs of counties, and mayors and bailiffs of bo roughs, are not eligible in their respective jurisdictions, as being returning officers ; but that sheriffs of one county are eligible to be knights of another. 4. That no persons concerned in the management of any duties or taxes creat ed since 1692, except the commissioners of the Treasury, nor certain other inferior officers enumerated in the statutes, nor any persons that hold any new office under the crown created since 1705, are capable of being elected, or sitting as members. 5. That no person having a pension under the croyvn during pleasure, or for any term of years, is ca pable of being elected or sitting. 6. That if any member accepts an office under the crown, except an i ofncer the army or navy accepting a new commission, his seat is void; but such member is capable of being re-elected. 7. That all knights of the shire shall be actual knights, or suet• notable esquires and gentlemen as have estates sufficient to ha knights, and by no means of the degree of yeomen. This is reduced to a still greater certainty, by ordaining,. S. That every knight of a shire shall have a clear estate of freehold or cop hold to the value of six hundred pounds per annum, and eery' 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 except the members for the two universities, which somewhat balances 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 mem ber must make oath, and give in the particulars in writing at the time of his taking his seat. But, subject tothese
standing restrictions and disqualifications, every subject of this realm is eligible of common right.
12. The third point regarding elections is the method of proceeding. This is also regulated by the law of par liament, and the several statutes ; for the various minute particulars of which we must refer our readers to Black stone's Commentaries, b. i. c. 2.
13. The king is the supreme magistrate of the realm. The crown of the united kingdom is descendible, making no distinction of whole or half blood, to heirs•male or fe male ; and when it descends upon females, the right of primogeniture prevails. The course of its descent is sub ject to limitation by parliament ; the legal successor, upon the demise of a king, is immediately invested with all the ensigns, rights, and prerogatives of sovereign power.
14. Whenever the royal prerogatives are suspended by indisposition or other causes,—" The lords spiritual and temporal, and commons assembled, lawfully, fully, and freely represent all the estates of the people ;" 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 govern his people according to law, to execute judgment in mer cy, and to maintain the established religion, (which he is bound more especially to do by the coronation oath,) ac cording to the laws and customs of the realm. The king is assisted in his councils by his parliament, his peers, and his privy council ; and being so provided with counsellors, is supposed incapable of doing wrong, but his advisers and ministers are punishable for wickedly deceiving him.