Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
2. OUR second point is the qualification of persons to be elected
members of the house of commons. This depends upon the law and custom
of parliaments[a], and the statutes referred to in the margin[b]. 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
convocation; nor persons attainted of treason or felony, for they are
unfit to sit any where[c]. 3. That sheriffs of counties, and mayors
and bailiffs of boroughs, are not eligible in their respective
jurisdictions, as being returning officers[d]; but that sheriffs of
one county are eligible to be knights of another[e]. 4. That, in
strictness, all members ought to be inhabitants of the places for
which they are chosen: but this is intirely disregarded. 5. That no
persons concerned in the management of any duties or taxes created
since 1692, except the commissioners of the treasury, nor any of the
officers following, (viz. commissioners of prizes, transports, sick
and wounded, wine licences, navy, and victualling; secretaries or
receivers of prizes; comptrollers of the army accounts; agents for
regiments; governors of plantations and their deputies; officers of
Minorca or Gibraltar; officers of the excise and customs; clerks or
deputies in the several offices of the treasury, exchequer, navy,
victualling, admiralty, pay of the army or navy, secretaries of state,
salt, stamps, appeals, wine licences, hackney coaches, hawkers and
pedlars) nor any persons that hold any new office under the crown
created since 1705, are capable of being elected members. 6. That no
person having a pension under the crown during pleasure, or for any
term of years, is capable of being elected. 7. That if any member
accepts an office under the crown, except an officer in the army or
navy accepting a new commission, his seat is void; but such member is
capable of being re-elected. 8. That all knights of the shire shall be
actual knights, or such notable esquires and gentlemen, as have
estates sufficient to be knights, and by no means of the degree of
yeomen. This is reduced to a still greater certainty, by ordaining, 9.
That every knight of a shire shall have a clear estate of freehold or
copyhold to the value of six hundred pounds _per annum_, and every
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 ballances 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 writing, at the time of his taking his
seat. But, subject to these restrictions and disqualifications, every
subject of the realm is eligible of common right. It was therefore an
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