Infants are excluded both at Common Law, and by statute, although this rule has been disregarded in several notable instances, the best known cases being those of Charles James Fox and Lord John Russell who entered Parliament before they came of age. Incurable insanity was a disqualification at Common Law, and so by statute is confinement in a lunatic hospital. But it would seem that a temporary lunatic, if at large, is not incompetent to sit and vote.
Peers are also excluded; and this is true even of those Scotch peers who, not having been chosen among the sixteen representatives of the peerage of Scotland, have no right to sit in the House of Lords. There is one exception, however, to the rule that peers are ineligible to the House of Commons, for a peer of Ireland, who is not selected to represent that kingdom in the House of Lords, may sit for any county or borough in Great Britain, but not for an Irish constituency. The rule excluding peers is sometimes a hardship on a rising young man transferred by the death of his father from the active battlefield of politics in the House of Commons to the dignified seclusion of the House of Lords. But it has had, on the other hand, some effect in preventing the House of Commons from absorbing all the political life of the country, and has thus helped to maintain the vitality of the House of Lords. Among the peers there have always been men of great national authority who would have preferred to sit in the other House. It is safe to say that in the year 1900 two of the statesmen who possessed the greatest influence with the people—Lord Salisbury and Lord Rosebery—would have been in the House of Commons had it not been for the rule excluding peers.
The clergy of the Roman Catholic Church and the Church of England, and ministers of the Church of Scotland, are disqualified by statute;[240:1] but these provisions do not include dissenting ministers; and it may be added that at the present day a clergyman of the Church of England may by unfrocking himself remove his disqualification.[240:2]
As in most other countries, there are in England rules disqualifying persons who, by assuming certain relations with the government, or by misconduct, have rendered themselves unfit to serve; such are government contractors, and holders of pensions not granted for civil or diplomatic services; bankrupts,[240:3] and persons convicted of treason or of felony, or guilty of corrupt practices.
Office-holders.
The exclusion of permanent officials has already been discussed; and it will be remembered that by the compromise effected in the reign of Queen Anne the holders of certain specified offices, or of any offices created after Oct. 25, 1705, are absolutely disqualified; while a member accepting any other office from the Crown loses his seat, but can be reëlected.[240:4] It will be remembered, also, that by later statutes or by custom all holders of civil offices not distinctly political are now excluded from the House of Commons; and so are the judges of the higher courts, and most of those in the lower ones.
Now the offices held by ministers are either old offices within the meaning of the Act of Anne, and therefore compatible with a seat in Parliament, or new offices that have been taken out of the rule by special statutes passed usually when the office was created. This is not, indeed, universally true; for by special provision of statute only four of the five secretaries of state, and four of their under-secretaries, can sit in the House of Commons at one time. With that limitation every minister is capable of sitting; but on his appointment he loses his seat, and must go back to his constituents for a new election. The last rule, however, like every other, has its exceptions. The under-secretaries of state occupy old offices, but as they do not accept them from the Crown they are not obliged to undergo a fresh election on their appointment; and they are not, in fact, in the habit of doing so.[241:1] The same privilege has been extended by statute to the Financial Secretary of the War Office. There is, indeed, no self-evident reason to-day why it should not be extended to all the ministers. The original fear of influence on the part of the Crown no longer applies; and the only important effect of the rule is that if a new cabinet comes into power when Parliament is in session, all business there has to be suspended while the ministers are seeking reëlection. A number of attempts have been made to do away with the rule, and they have been supported by very eminent statesmen, but they have been constantly defeated, mainly on the ground that a constituency, having elected a man while he was in an independent position, has a right to reconsider its choice when he assumes the burden of public office.[241:2] Such reasoning is characteristic of English political life. It either proves nothing or it proves too much, for if it is sound, the same principle applies with quite as much force to the under-secretaries, and with a great deal more force to the Speaker. This objection to a change was avoided, while a part of the practical inconvenience was removed, by a provision in the Reform Act of 1867 that a person who has been elected to Parliament since he became a minister shall not vacate his seat on account of accepting a different office in the ministry.[242:1]
Extinct Disqualifications.
Formerly there were a number of other qualifications and disqualifications that have now been swept away, such as the requirement of ownership of land, and of residence in the constituency,[242:2] and the provision for oaths and declarations intended mainly to exclude Roman Catholics. It is curious that after the disabilities of the Roman Catholics were removed in 1829 the oath continued to be an impediment to the admission of Jews and atheists, although it had never been aimed at them. In each case the law was changed, but only after the matter had been brought somewhat violently to the attention of the House. The last religious impediment was taken away in 1888 at the conclusion of the unseemly wrangle with Mr. Bradlaugh.
Resignation.