people should
do that by their representatives, which it is impracticable to perform
in person: representatives, chosen by a number of minute and separate
districts, wherein all the voters are, or easily may be,
distinguished. The counties are therefore represented by knights,
elected by the proprietors of lands; the cities and boroughs are
represented by citizens and burgesses, chosen by the mercantile part
or supposed trading interest of the nation; much in the same manner as
the burghers in the diet of Sweden are chosen by the corporate towns,
Stockholm sending four, as London does with us, other cities two, and
some only one[z]. The number of English representatives is 513, and of
Scots 45; in all 558. And every member, though chosen by one
particular district, when elected and returned serves for the whole
realm. For the end of his coming thither is not particular, but
general; not barely to advantage his constituents, but the _common_
wealth; to advise his majesty (as appears from the writ of summons[a])
"_de communi consilio super negotiis quibusdam arduis et urgentibus,
regem, statum et defensionem regni Angliae et ecclesiae Anglicanae
concernentibus_." And therefore he is not bound, like a deputy in the
united provinces, to consult with, or take the advice, of his
constituents upon any particular point, unless he himself thinks it
proper or prudent so to do.
[Footnote z: Mod. Un. Hist. xxxiii. 18.]
[Footnote a: 4 Inst. 14.]
THESE are the constituent parts of a parliament, the king, the lords
spiritual and temporal, and the commons. Parts, of which each is so
necessary, that the consent of all three is required to make any new
law that shall bind the subject. Whatever is enacted for law by one,
or by two only, of the three is no statute; and to it no regard is
due, unless in matters relating to their own privileges. For though,
in the times of madness and anarchy, the commons once passed a
vote[b], "that whatever is enacted or declared for law by the commons
in parliament assembled hath the force of law; and all the people of
this nation are concluded thereby, although the consent and
concurrence of the king or house of peers be not had thereto;" yet,
when the constitution was restored in all it's forms, it was
particularly enacted by statute 13 Car. II. c. 1. that if any person
shall maliciously or advisedly affirm, that both or either of the
houses of parliament have any legislative authority without th
|