Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/191

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^[1], and the ſtatutes referred to in the margin^[2]. 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^[3]. 3. That ſheriffs of counties, and mayors and bailiffs of boroughs, are not eligible in their reſpective juriſdictions, as being returning officers^[4]; but that ſheriffs of one county are eligible to be knights of another^[5]. 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;

1. 4 Inſt. 47.
2. 1 Hen. V. c. 1.  23 Hen. VI. c. 15.  1 W. & M. ſt. 2. c. 2.  5 & 6 W. & M. c. 7.  11 & 12 W. III. c. 2.  12 & 13 W. III. c. 10.  6 Ann. c. 7.  9 Ann. c. 5.  1 Geo. I. c. 56.  15 Geo. II. c. 22.  33 Geo. II. c. 20.
3. 4 Inſt. 47.
4. Hale of parl. 114.
5. 4 Inſt. 48. Whitelocke of parl. ch. 99, 100, 101.

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