4 them, it being a truft not for. their own, but Glanv. 101. for the public benefit; and for the same reason it is, that the king cannot grant to a subject an exemption from ferving as representative of the people. In the infant ftate of reprefentation indeed, patents of exemption were fometimes granted, as well to individuals as to boroughs. The effects of the latter ftill operate on many places; it is our happiness, however, no longer to confider fuch grant as the release of an obligation, but as the privation of a right. Prynne's Ani- P. 31. Ruffh. 7 & SW. 3. c. 25. f. 8. General difqua lifications. 2 G. 2. c. 24. 1.6, 7. СА Р. III. Who are capable of voting, or not, at Elections for Counties, Cities or Towns Counties of themfelves, Boroughs, and Cinque Ports. HE right of voting at elections for mem THE bers of parliament conftitutes the much admired and envied liberty of an Englishman. Women, infants, ideots, and mad men are absolutely difqualified from the exercise of this privilege. Aliens also can have no vote. Denizens, from the time of denization, and naturalized perfons acquire this right, being then king's fubjects, and, after their adoption fuppofed as much interested in the choice of reprefentatives, by whom their lives and property are to be bound, as the natives themselves. The legislature, foon after the Revolution, however, became too jealous to suffer them to retain the capacity of becoming members of parliament; fo that though they may chufe, they cannot be chofen, representatives of the people. Perfons convicted of bribery, perjury, or fubornation of perjury, being thereby rendered infamous, are deemed unfit to be trusted with this privilege, and have no votes, however in other refpects qualified; and no one who fhall refufe to take the oaths of allegiance and fupremacy, . fupremacy, or abjuration, or, in cafe he be a * 6 An. c. 23. 1. 13. quaker fhall refufe to affirm the fame, is capa- For thefe oaths ble of voting at any election. fee the Appen dix. Perfons attainted have no right to vote, Heyw. 221. for they lose all their civil rights. Sudbury Ca. Sudbury Cafe. A felon convict is incapable of voting. Phil. 179. And the feffions book was held evidence of his being a felon convict. Ib. fed. qu. as to the latter point. Wendover Ca. 13 Journ. p 42. 220. Excommunication as it fhould feem, is no prejudice to the right of voting, efpecially Vid. Heywood where the right is annexed to real property, the objection has been taken, but seems never to have been decided upon. A papist may vote, if he took all the oaths 2 Lud. 567. tendered, though the oath of abjuration was not tendered or taken at the election. Perfons difabled 30. 43. as to the ing the differ mode of appoint ent collectors, &c. of various taxes. And by the 22 G. 3. no commiffioner, 22 G. 3. c. 4T. collector, fupervifor, gauger, or other officer or perfon whatfoever, concerned or employed in the charging, collecting, levying, or managing the duties of excife, or any branch or part thereof; nor any commiffioner, collector, comptroller, fearcher, or other officer or perfon whatfoever, concerned or employed in the charging, collecting, levying, or managing the customs, or any branch or part thereof; nor any commiffioner, officer, or other perfon, concerned or employed in collecting, receiving, or managing any of the * Vid. Heyw. 210, & feq. decifions against the right of quakers to vote. duties E 4 L Except managers of parliamentary taxes. duties on stamped vellum, parchment, and paper; nor any perfon appointed by the commiffioners for distributing of stamps; nor any commiffioner, officer, or other perfon employed in collecting, levying, or managing any of the duties on falt; nor any furveyor, collector, comptroller, inspector, officer, or other perfon, employed in collecting, managing, or receiving the dutes on windows or houses; nor any poftmafter, poftmafter general, or his or their deputy or deputies, or any person employed by or under him or them in receiving, collecting, or managing the revenue of the poft-office, or any part thereof; nor any captain, master, or mate of any ship, packet, or other veffel, employed by or under the postmafter or post-mafters general in conveying the mail to and from foreign parts, shall be capable of giving his vote for the election of any knight of the fhire, commiffioner, citizen, burgefs, or baron, to ferve in parliament. And if any fuch perfon, either during the time of holding or executing such office, or within twelve calendar months, after he has ceafed to hold or execute fuch office, fhall presume to vote, the vote is void, and the person offending fhall forfeit 100l. one moiety to go to the informer, the other moiety to the treasurer of the county; the penalty to be fued within twelve months after fuch forfeiture incurred. This act is declared not to extend to commif fioners fioners of land-tax, or any perfon acting under their appointment in collecting or managing the land-tax; or to any other perfon concerned in collecting or managing any other rates or duties granted, or to be granted or impofed by authority of parliament; or to any person holding an office, or ufually granted to be held, by letters patent, for any eftate of inheritance, or freehold. In the Bedfordshire Ca. This act was fo 2 Lud conftrued, as not to extend to any officers. concerned in the revenue, who were appointed by the commiffioners of the land-tax, though paid a per centage out of the revenue. And that whether they appointed as commiffioners of land-tax, or in any other character conferred upon them by this act, viz. in the regulation of the windows, house taxes, &c. which they are appointed to regulate. Therefore Collector of the window tax being appointed by them under this act, and not by government, were allowed to vote, though paid by per centage out of the revenue. Bedf. Ca. on Barringer's vote, and S. P. in Bucks Ca. Ib. 552 Sub-diftributor of Stamps being appointed by Ib. 553. Beddistributor, and not by government, may vote. So one occafionally appointed by the collector of excife, to collect, at wages paid by the collector, his vote was good. ford Ca. S. P. I Fra. 164. 4 Fra. 165. 2 Hubana |