the rest Seriatim every one answering apart Content or Not Content first for himself and then severally for so many as he hath Letters and Proxies For any Peer of the Realm by License of the King upon just Cause to absent may make a Proxy that is may constitute another Lord to give his Voice in the Upper House when any Difference of Opinion and Division of the House shall happen Otherwise if no such Division fall out it never comes to be questioned or Known to whom such Proxies are directed By an Order of this House in the Reign of Charles I it was Ordered that no Peer should be capable of receiving above two Proxies or more to be numbred in any Cause voted If a Bill passed in one House and being sent to the other this demur upon it then a Conference is demanded in the Painted Chamber Where the deputed Members of each House meet the Lords sitting covered at a Table and the Commons standing bare with great respect There the Business is debated and if they cannot agree it is nulled When Bills are passed by both Houses upon three several Readings in either House before they can have the force of Law they must have the Royal Assent which puts life into them For as there is no Act of Parliament but must have the Consent of the Lords and Commons and the Royal Assent of the King so whatsoever passeth in Parliament by this threefold Consent hath the force of an Act of Parliament The Royal Assent which used formerly to be deferred till the last Day of the Session is given after this manner whenever the King thinks fit His Majesty then comes into the House of Peers with his Crown on his Head and cloathed with his Royal Robes Being seated in his Chair of State and all the Lords in their Robes the House of Commons is sent for up as before by the Black Rod. Thus the King Lords and Commons being met the Clerk of the Crown reads the Title of each Bill and after the Reading of every Title the Clerk of the Parliament pronounces the Royal Assent according to his Instructions from the King If it be a publick Bill to which the King assenteth the Words are le Roy le veut the King wills it Whereas to a publick Bill which the King forbears to allow the Answer is Le Roy S'avisera the King will consider which is look'd upon as a civil Denial To a Subsidy-Bill le Roy remercie ses loyaux Sujets accepte leur Benevolence aussi le veut the King thanks his loyal Subjects accepts their Benevolence and so wills it And to a private Bill allowed by the King Soit fait comme il est desire be it done as it is desired But in case of a General Pardon as it is the King's Gift so the Return is from the Lords and Commons to His Majesty in these Words los Prelats Seigneurs Communes en ce Parlement assemblez au nom de tous vos autres Sujets remercient tres humblement Votre Majeste prient Dieu qu'il vous donne bonne longue Vie en Sante the Prelates Lords and Commons in this Parliament assembled in the Name of all Your other Subjects do most humbly thank your Majesty and pray God to give You a good and long Life in Health 'T is observable in the mean while how we have retained about making of Laws so many French Expressions derived to us doubtless from the Normans The Use of Committees is so necessary for the Dispatch of Parliament Business and their Way of managing Bills so fair and honourable that it will be proper to add something to what has been said before concerning them They consist of such Members as each House chuses from among them to make a strict Examination of the Bills and therein such Amendments and Alterations as their Reason will dictate upon a full Debate among themselves and to Report the same to the House Now there are three sorts of Committees viz. Standing Select and Grand Committees There are in the House of Commons five Standing Committees usually appointed in the beginning of the Parliament and remaining during all the Session Viz. One for Priviledges and Elections another for Religion a third for Grievances another for Courts of Justice and the fifth for Trade Amongst which the Committee for Priviledges and Elections has always had the Precedence being commonly the first Committee appointed either the same Day the Speaker did take his Place or the next day after Their Power was anciently to examine and make Report of all Cases touching Elections and Returns and all Cases for Priviledge as might fall out during the Parliament But that Power has been since abridged especially in Matters of Priviledge which are heard in the House and not in a Committee unless in some special Cases By a Select Committee I mean a Committee particularly chosen to inquire into a Bill In the Choice whereof this Rule is observed in the House that they who have given their Voice against the Body of a Bill cannot be of the Committee And though any Member of the House may be present at any select Committee yet he is not to give any Vote there unless he be named to be of the Committee As to their Number they are seldom less than eight but have been sometimes many more and commonly Men well versed in Parliament Business Upon the first Meeting of a Committee in their Committee Chamber they chuse among them a Chair-man who is much like the Speaker in the House After any Bill is Committed upon the second Reading it may be delivered indifferently to any of the Committee Who are first to read it and then to consider the same by Parts If there be any Preamble 't is usually considered after the other Parts of the Bill The Reason is because upon Consideration of the body of the Bill such Alterations may therein be made as may also occasion the Alteration of the Preamble which is best done last The Committee may not raze interline or blot the Bill it self but must in a Paper by it self set down the Amendments Which ought to â—oe done by setting down in the Paper the Number of the Folio where the Amendment is made naming the Place particularly where the Words of the Amendment are to be Inserted or those of the Bill Omitted The Breviat also annexed to the Bill must be amended accordingly and made to agree with the Bill When all the Amendments are perfected every one being Voted singly all of them are to be read at the Committee and put to the Question Whether the same shall be Reported to the House But when the Vote is to be put any Member of the Committee may move to add to those Amendments or to Amend any other part of the Bill If the Vote of the Committee pass in the Affirmative then commonly the Chair-man is appointed to make the Report Which being done that Committee is
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
King Who in such Case usually make choice of such a Person among the Nobility as is fit for that Station whose private Interest is to preserve the Kings Life and Authority and to whom least benefit can accrue by his Death or Diminution Thus in the Case of Edward VI the Duke of Somerset his Uncle by the Mothers side was made Lord Protector during the Kings Minority And when this Rule has not been observed as in the Minority of Edward V it has proved of very ill consequence But this is observable withall that when thâ— King comes to be 24 Years of Age he may bâ— his Letters Patents under the Great Seal aâ—cording to a Statute made in the Reign of Heâ—ry VIII revoke and utterly null whatsoeveâ— has been Enacted in Parliament during his Mâ—nority When the King was Absent upon any so reign Expedition as several of our Kings have been with good success the Custom was for merly to constitute a Vicegerent by Commission under the Great Seal with the Titâ— of Lord Warden or Lord Keeper of the Kingdom and sometimes that of Protector And such was the Latitude of his Power that except wearing of the Crown he was as great aâ— the King But sometimes the Kingdom durinâ— the King's Absence has been committed to thâ— Care of several Noblemen During the Absence of Henry VIII in France which hapned two several times the Queeâ— was made Regent And so is at this time oâ—â— Gracious Queen Mary during his Majesties so reign Expedition So in case of the Kings Incapacity to govern either through Age or Weakness or by reason of some Incurable Disease a Gardian 〈◊〉 Regent is constituted to govern the Kingdom for Him Such a one was John Duke of Lâ—â— caster in the latter Days of King Edward 〈◊〉 appointed by the King himself who then what with Age and Weakness what with Sickness and Grief for the untimely Death of 〈◊〉 dear Son the Black Prince was much decayâ— both in Body and Mind I come now to the Succession to the Crâ—â— Which is not in England as in France Turâ—â— and amongst Barbarians by excluding Females from the Crown For the Crown of England in its natural Course descends from Father to Sâ—n for want of Sons to the eldest Daughter and her Heirs for want of Daughter to the Brother and his Heirs for want of Brother to the Sister and her Heirs In short upon the Death of the King or Queen upon the Throne the next of Kindred though born out of the Dominions of England or of Parents not Subjects of England is immediately King or Queen before any Proclamation or Coronation And contrary to the Descent of Estates among Subjects the Half Blood inherits as in the Case of Queen Mary and Queen Elizabeth who succeeded King Edward the Sixth though they were his Sisters only by the Father's side But the Government being lately Dissolved by King James his Misgovernment as well as Abdication the Crown was settled in this manner by the Lords Spiritual and Temporal and Commons assembled at Westminster in the Month of December Anno 1689. First upon William and Mary then Prince and Princess of Orange during their Lives and the Life of the Survivor of Them but the sole and full Exercise of the Regal Power to be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity to be to the â—eirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of Orange Upon which the said Prince and Princess now King and Queen of England c. did accept thâ— Crown and Royal Dignity of the Kingdoms oâ— England France and Ireland and the Dominions thereunto belonging And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a Certainty in the Succession thereof the Settlement of the Crown as aforesaid was Confirmed by an Act of the Insuing Parliament which passed the Royal Assent Dec 16. 1689. With this excellent Proviso That Whereas it hath been found by Experience that it is Inconsistent with the Safety and Welfare of this Protestant Kingdom to be Governed by a Popisâ— Prince or by any King or Queen Marrying Papist all and every Person and Persons thaâ— is are or shall be Reconciled to or shall holâ— Communion with the See or Church of Rome or shall profess the Popish Religion or shalâ— Marry a Papist shall be Excluded and be soever Uncapable to Inherit Possess or Injoy thâ— Crown and Government of this Realm and Ireland and the Dominions thereunto belonâ—ing or any Part of the same or to Have Usâ— or Exercise any Regal Power Authority or Jâ—risdiction within the same And in all and 〈◊〉 very such Case or Cases the People of theâ— Realms shall be and are hereby Absolved 〈◊〉 their Allegiance and the said Crown and Government shall from time to time Descend 〈◊〉 and be Injoy'd by such Person or Persons â—â—ing Protestants as should have Inheritâ—â— or Injoyed the same in case the said Pâ—â—son or Persons so Reconciled holding Coâ—munion or Professing or Marrying as afoâ—â—said were naturally Dead By which Act further Confirmed and Asserted by the Act of Recognition passed in the last Session of Parliament the Crown is by Law for ever Insured into Protestant Hands and all Pretence of Popish Succession Nulled and Invalidated CHAP. XI Of the Royal Family Particularly of the Queen and the Sons and Daughters of England THe Queen of England is either a Sovereign or Queen Consort or else Queen Dowager When the Queen is Sovereign as were Queen Mary and Queen Elizabeth the two Daughters of Henry VIII and Sisters of Edward VI. he is invested with all the Regal Power and â—cts as Sovereign And whoever she does marry â—o far from following her Husbands Condition â—he is her Husbands Sovereign as Queen Mary â—as Philip's The Case indeed of our present Queen Mary is â—ifferent She is a Sovereign joyntly with her â—usband King William but the Administration 〈◊〉 the Government and the sole Executive Power â—â—lodged only in the King during their Joynt â—â—ves Except the Time of his Majesties Absence 〈◊〉 his foreign Expedition during which Her â—jesty is Vested by a late Act of Parliament with the Administration and acts as Queen Regent A Queen Consort without Sovereignty is Reputed however the Second Person in the Kingdom and Respected accordingly The Law sets so high a value upon Her as to make it High Treason to conspire her Death or to violate her Chastity She has her Royal Court and Officers apart with a large Dower to maintain her Greatness And though she be an Alien born yet without Denization or Naturalization she may purchase Lands in
now the chief Prison where Persons of quality that are charged with Crimes against the Government are kept in Custody Here are also many Dwelling-Houses foâ— the Officers that belong to it either as aâ— Arsenal or a Mint c. And as an Arsenal here is kept the Office of his Majesties Oâ—dinance to be explained in my second Part For the publick Devotion of all the Dwelleâ—â— in the Tower there is within its Walls onâ— Parochial Church called S. Petri ad Vinculâ— infra Turrim being the Kings Donative without Institution and Induction and exempâ— from all Ecclesiastical Jurisdiction of the Archbishop The Government of the Tower as it is a Place of great Trust so it has been usually put in the hands of two Persons of great worth the one called Constable and the other Lieutenant of the Tower The Constable has the chief Command and is Lord Lieutenant of the 21 Hamlets belonging to it which ly in several Parishes of large extent Whose Train-bands making two intire Regiments of Foot and above 3000 Men are to attend the Kings Person when commanded but are to march no farther than the King They were sometimes the Gards of the Tower and are bound if occasion be to reinforce the Garrison upon the Constable's Command Who by his Place is to be in the Commission of the Peace for the City of London and the Counties of Middlesex Kent and Surrey And so is the Lieutenant who is subordinate to the Constable for the time being but in his absence commands with the full Power of both His Salary is 200 l. per annum with all the Fees and Perquisites which are very considerable both from the Prisoners that happen to be in the Tower and from the Warders Places which are all at his Disposal Under the Command of the Constable and the Lieutenant of the Tower in his absence are the Gentleman Porter the 24 â—eomen Warders and the Gunners of the Tower The Gentleman Porter who holds his Place by Patent has the Charge of the Gates The Keys whereof he is every night to deliver to the Constable and in his absence to the Lieutenant and to receive them of him the next morning He commands the Warders that are upon duty and claims for his Fee at the entrance of a Prisoner his Upper Garment or else a Composition for the same The Warders are accounted the King's Domestick Servants and sworn accordingly by the Lord High Chamberlain or by the Clerk of the Check Their Duty is to wait at the Gates and by the Lieutenant of the Tower's appointment to attend Prisoners of State which is the most profitable and beneficial part of their Station At the Gates they examine every Stranger that offers to go in and before admittance according to the Rules of Military Discipline those that â—ear Swords must leave 'em in their hands â—ill they go out Ten of them are usually upon the Days Wait and two upon the Watch â—very night The Gunners are to look after the Ordâ—ance mounted on the Batteries and Lines â—nd ready for Service on the shortest Warning One or more of them are upon Duty â—ay and night to wait for Orders For the Liberty of the Tower to which â—as been annexed the old Artillery Garden â—y Spittle-Fields and the little Minories here is an ancient Court of Record held by a Steward every Monday by Prescription for Debts Trespasses c. And in the said Liberty the Gentleman Porter has the same Power and Authority as Sheriffs have within their respective Counties He constitutes Bayliffs thereof to execute all Process and Warrants directed to them by the Steward of the Court and has all Escheats Deodands and Goods of all Felones deâ—se For Ecclesiastical Causes and Probate of Wills the Tower and Liberties thereof have a Royal Jurisdiction From which there is no Appeal but to the King in his Court of Chancery who thereupon issues out a Commission under the Great Seal as in Appeals from the Arches or Prerogative Courts But whether the Tower be in the County that is under the Jurisdiction of Middlesex or in the Liberty of the City 't is undetermined to this day Some will have it to be part of it in Middlesex and part in the Liberty of the City And in the Case of Sir Thomas Overbury's Murder the Judges Opinion was that the Trial must be made in the City the Fact being done in that Part of the Tower held to be in the City Liberties Next to the Tower I come to the Custom House placed between the Tower and thâ— Bridge Which having been destroy'd by the Fire in the Year 1666 was soon afteâ— rebuilt much more commodious uniform anâ— magnificent and the Building cost the Kinâ— 10000 pounds Here are received and managed all the Impositions laid upon Merchandise Imported and Exported from this City Which are so considerable that of all the Customs of England divided into 3 Parts the Port of London pay's two Thirds that is when Trade flourishes about 400000 l. yearly In this Office are imploy'd a great Number of Officers an Account whereof you will find in my Second Part where I speak of the King's Revenues The Bridge of London offers it self in the next place to our Consideration Which considering the constant great Flux and Reflux at that Place was certainly a very difficult and costly piece of Work It consists of 19 Arches at 20 foot distance of each other with a Draw-bridge almost in the middle 'T is about 800 foot long and 30 broad Set out with a fine Row of Houses all along with Shops furnished with most sorts of Commodities So that it looks more like a Street than a Bridge the Street being widened in the late Reign from 12 to 20 foot It was built in the year 1200 in the Reign of King John And so great are the Charges of keeping it in repair that there is a large Revenue in Lands and Houses set apart for that purpose and two Bridge-Masters besides other Officers chosen out of the Liverv-men on midsummer-Midsummer-Day to look after the same Near this Bridge is the fatal Place where the dreadful Fire afore-mentioned first began In perpetualâ— Memory whereof was erected by virtue of an Act of Parliament that â—aster-piece of Building called the Monument begun Anno 1671 in the Mayoralty of Sir Richard Forde Knight and finished Anno 1677 Sir Thomas Davies being Lord Mayor of London This Pillar not unlike those two ancient white Marble Pillars at Rome erected in honour of the Emperours Trajan and Antonius is all built of Portland Stone as durable almost as Marble and is of the Dorick Order 202 foot high and 15 foot Diameter Within-side is a fair winding Stair-case with Iron rails up to the top where this stately Pile is surrounded with an Iron-Balcony yielding a pleasant Prospect all over the City The Pedestal is 40 foot high and 21 foot Square the Front of it adorned with ingenious Emblems and the North and
and Queen as they were lately settled by King and Parliament differ in several Points from the Settlement made in the Reign of Charles II and Confirmed to the late King James 'T is true the Excise which consists in certain Impositions upon Beer Ale and other Liquors is Settled upon Them for their Lives and the Life of the Survivor of Them But out of it a Yearly Rent of 20000 l. comes to Her Royal Highness the Princess of Denmark and her Issue during Their Majesties Lives and the Survivor of Them The Custom upon Commodities Imported and Exported which was settled upon King Charles II and afterwards his Successor for their respective Lives is now Confined within the Term of four Years to commence on the 24th Day of December 1690. And that great Branch of the Revenue the Hearth-Mony which was for ever Settled in the Crown to the great Grievance of the People is now lopt off by Act of Parliament upon the King 's generous Motion for the Relief of His Subjects As to Their Majesties other Revenues I refer you to the Ninth Chapter Which with the Excise and Custom come to above Twelve hundred thousand Pound a Year that is about 16 Millions of French Livers A Revenue which may serve in Time of Peace to Keep up the Honour of the Crown not to inable any Ambitious or Over-covetous Prince to Invade the Property and Liberty of the Engglish Subjects or under a vain Pretence of his own Glory to disturb the Peace and Quiet of his Neighbours A sad Experience whereof we have seen of late Years by the Practice of that Ambitious Monarch the French King whose exorbitant Incomes have helped him to Crush first his Subjects and then most of his Neighbours But when the Nation is concerned in a forein War and the War grounded upon Equity and Honour the Parliaments of England seldom fail of Supplying the King with Subsidies suitable to the present Occasion by a Land-Tax Poll-Mony and such other Ways as they think most convenient In the mean time as the Custom and Excise are the two principal Branches of Their Majesties Revenues let us see how the same are managed how the Products thereof come into the Exchequer and are there disposed of by such thrifty Methods that all Charges born it costs the King little above 2 Shillings in the Pound For the Managing of the Custom-Revenue there are in the first place at present Seven Commissioners who have the Charge and Oversight of all Their Majesties Customs in all Ports of England Which Customs amount to about 600000 l. a Year whereof the Port of London only pays two Thirds that is about 400000 l. Yearly The said Commissioners sit day by day at the Custom-House London They hold their Places by Patent from the King and have each a Salary of 1000 l. per Annum Under these are a great Number of Officers imployed both at London and in the Out-Ports some of them of considerable quality and ability Such as Collectors Customers Comptrollers Surveyors Registers Searchers Waiters c. whose due Perquisites are so considerable that to some they are more than their respective Salaries First there is A Collector Inwards and for the Act of Navigation 966 13 04 A Collector Outwards 276 00 00 A Customer of the Cloth and petty Customs 277 06 08 Two Customers of the great Customs each 50 00 00 A Comptroller General of the the Accompts 500 00 00 A Comptroller of the Cloth and petty Customs 100 00 00 A Surveyor General 500 00 00 A Surveyor of the Out-Ports 250 00 00 A Register of the Seizures 106 00 00 A Head-Searcher 120 00 00 Nineteen King's Waiters each 52 00 00 Forty Land-Waiters each 80 00 00 There is also a Secretary a Ware-house-Keeper a Surveyor of the Ware-house 7 Land-Surveyors 8 Tide-Surveyors 7 Under-Searchers these at 12 l. per Annum and many more Officers that I pass by for brevities sake Besides several Persons Commissioned to seize Uncustomed Goods either Inward or Outward bound 80 Tide-Waiters whose Fee is each 5 l. a Year and 3 shill a Day besides extraordinary Tide-Waiters allowed no Salary but only 3 shill a Day when Imployed To which add Noon-Tenders Watchmen and abundance of other inferiour Officers The Excise Office is Kept in a stately House in Broad Street where this Revenue is also managed by Seven Commissioners who receive here the whole Product of the Excise all over England and pay it into the Exchequer They have each of them 1000 l. Salary per Annum and are obliged by Oath to take no Fee nor Reward but from the King only Under these is A Register and Secretary 500 00 00 An Auditor who for himself and Clerks is allowed 700 00 00 A Comptroller and his Clerks 1240 00 00 There are other considerable Places belonging to this Office both within Doors and without which are injoyed and officiated by very sufficient Persons Particularly the House-Keeper's Place worth 400 l. per Annum And to collect the Excise-Duty all over the Kingdom a great Number of Men appointed for that purpose whose Salary is 20 shill a Week But 't is Observable that from the foresaid Commissioners there lies an Appeal to five others called the Commissioners of Appeal whose yearly Salary from the King is 200 l. each These and all other Their Majesties Revenues are paid at Westminster into the Exchequer that Ocean of Treasure which receives all those Streams and returns them again to refresh the Kingdom by the constant Payments out of it Whereby is caused a great Circulation of Mony throughout the Land And as there are a great many Officers for Collecting the King's Revenues so there are not a few to Receive and Disburse the same according to His Majesties Order The principal Officer is the Lord Treasurer One of the Great Officers of the Crown Whose Place is sometimes as it is at this present managed by Commissioners appointed by His Majesty The next is the Chancellour of the Exchequer an Officer of great Account and Authority whose Power extends not only in the Exchequer Court but also here in the managing and disposing of the King's Revenue He is Under-Treasurer has the Exchequer-Seal in his Custody and a Superintendency over the Lord Treasurer's Roll. The Places of the Comptroller of the Pipe of the Clerk of the Pleas the Clerk of the Nichils and the two Praisers of the Court besides the Seal thereof are all in his Gift Then there are two Chamberlains who 〈◊〉 in their Custody many ancient Records the Standards of Monies Weights and 〈◊〉 and Doomsday Book otherwise called 〈…〉 Book of the Exchequer First Known by the Name of Rotulus Wintoniae and since named Doomsday Book as containing an exact account of all the Lands of England with the true Value of them and their Owners Names So that when this Book was opened upon any Difference the Cheat appeared and Judgement was given accordingly This Tax-book has been written above
by many Records anâ— Precedents touching this Matter in the Appendix to Petyt's Miscellanea Parliamentaria Which does not quadrate with the Opinion of those who have affirmed that there was never any Parliament in England according to the present Constitution thereof till the Reign of Henry III that is betwixt four and five hundred Years since and that the grand Council consisted only of the great Men of the Nation till that King was pleased to call the Commons to sit also in Parliament The Power of Convening or Calling a Parliament is solely in the King But if the King be under Age or not Compos Mentis or Absent out of the Realm upon some Expedition 't is lodged in the Protector or Regent who then summons the Parliament but still in the King's Name The Summons ought to be at least 40 Days before the Day appointed for the Meeting and it is done by Writ in Law-Latin expressing that it is with the Advice of the Privy Council Which Writ is a kind of short Letter directed and sent by the Lord Chancellour or Commissioners of the Chancery to every Lord Spiritual and Temporal to appear at a certain Time and Place to treat and give their Advice in some important Affairs concerning the Church and State c. And as for the House of Commons Writs are sent to all the Sheriffs commanding them to summon the People to elect two Knights for each County two Citizens for each City and one or two Burgesses for each Borough according to Statute Charter or Custom And whereas there are some Cities and Towns that are Counties of themselves or that have each within it self the Priviledge of a County the Writ is directed to them as it is to Sheriffs of other Counties At every County after the Delivery of the Parliament Writ to the Sheriffs Proclamation is made in the full County of the Day and Place appointed for the Parliament to sit and for all Freeholders to attend such a Time and Place for the Election of the Knights for that County But the Sheriff ought to give a convenient Time for the Day of Election and sufficient Warning to those that have Voices that they may be present Otherwise the Election is not good if for want of due Notice part of the Electors be absent Now by an Act in the Reign of Henry VI it was Ordained that none should have any Suffrage in the Election of the Knights of the Shire but such as were Freeholders did reside in the County and had a yearly Revenue at least to the Value of 40 Shillings which before the Discovery of the Gold and Silver in America was as much as 30 l. now And the Sheriff has Power by the said Act to examine upon Oath every such Chuser how much he may expend by the Year if he doubt the value of it If any Man keep a Houshold in one County and remain in Service with another Family in another County yet he may be at the Chusing of Knights of the Shire where he Keeps his Family for it shall be said in Law a Dwelling in that County The Election ought to be in full County between 8 and 9 of the Clock according to Statute And no Election says the Lord Coke can be made of any Knight of the Shire but between 8 and 11 of the Clock in the Forenoon But if the Election be begun within the Time and cannot be determined within those Hours the Election may be proceeded upon Before Election can be made or Voices given the Precept directed to the Sheriff ought to be read and published And if the Party or Freeholders demand the Poll the Sheriff ought not to deny the Scrutiny for he cannot discern who be Freeholders by the View In short of so many as stand for Competitors the two that have most Voices are declared to be duly elected for the insuing Parliament Plurality of Voices does likewise carry it for Citizens that stand for Cities and Burgesses for Boroughs Where in some Places none but Freeholders have a Right of Election in others all Housholders have a share in it And though no Alien can be a Parliament Man yet if he be a Housholder his Voice is good as in the Election of the Members for the City of Westminster A Burgess elected for two several Boroughs as it sometimes happens must wave one Election when he comes to the House and chuse for which Place of the two he will serve so as a Writ may issue for a new Election that the Number may be full All Elections ought to be freely and indifferently made notwithstanding any Prayer or Command to the contrary Or else the Parliament is not as it should be free 'T is true the Elections can never be so free as not to be liable to the Temptations of private Interest or the Influence of Feasting two unavoidable Evils Yet it does not follow but that a Parliament may be called Free when the Court has no hand in the Elections by such unlawful Methods as were used in the late Reign by Closetting by fair Promises and foul Threats The Returns concerning the Parties chosen are made in the Crown-Office by the Sheriffs Mayors or Bayliffs whom the Writs were sent to and to whom it belongs to manage the Elections Upon a false Return which happens but too frequently the Sheriff who made the Return is liable to the Forfeiture of 100 l. to the King and 100 l. more to the Party injured and to be Imprisoned for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending is to pay 40 l. to the King and as much to the Party This Action to be within 3 Months after the Parliament commenced by the Party injured or by any other Man who will In the mean time the Party returned remains a Member of the House till his Election be declared void by the same For denying the Poll when required also for advising and abetting the same the guilty Party has been adjudged by the House to stand Committed to the Sergeant during Pleasure to pay all due Fees to defray the Charge of Witnesses to be Assessed by four of the Committee to acknowledge his Offence upon his Knees at the Bar and read a Submission This was the Case of Thomson Sheriff of York and his Abettor Alderman Henlow in the Reign of Charles I. The Persons to be Elected as the fittest to answer the true Interest of the Nation ought to be Sober Understanding Well-principled and Well-affected to the establish'd Government by Law If Men of Estates it is so much the better such Men being supposed to be less Corruptible But this is left to the Peoples Choice 'T is true that by Law such as stand for Knights of the Shire ought to be Knights Esquires or Gentlemen fit to be made Knights By the Statute none ought to be chosen a Burgess of a Town in which he do's not inhabit But the Usage of
Parliament dispenses with that Act. Neither can any be legally chosen that is not of full Age that is 21 Years old at least And reason good for if no Man under that Age can dispose of his Estate much less should he have any share in the supream Power of the Nation to judge vote or dispose of the Estate of the Realm Yet the Practice in the House of Commons has often been otherwise in the House of Lords but seldom Whoever stands to be Elected must be a Native Englishman or at least must be Naturalized by Act of Parliament No Alien Denizated ought to sit here None of the Judges can be chosen that sit in the Bench Common Pleas or Exchequer because they are Assistants in the Lords House But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament are Eligible No Sheriff nor Clergy-man can be chosen a Member of Parliament Not the first because his personal Attendance is required within his Bayliwick during the time of his Sheriffalty Nor the last because he is of another Body viz. the Convocation and the Clergy of the Convocation-House are no Part or Member of the Parliament A Man attainted of Treason or Felony c. is not Eligible For he ought to be magis idonâ—us discretus sufficiens But a Person Outlawed in a Personal Cause may be a Burgess And tho the Common Law do's disinable the Party yet the Priviledge of the House being urged prevails over the Law Anciently the Elected Members had a competent Allowance from the respective County City or Borough for which they served in Parliament A Knight of the Shire was allowed 4 shill and a Citizen or Burgess 2 shill a Day which in those Days was a considerable Sum. But then the Sessions were but short sometimes but eight Days sometimes less seldom above three or four Weeks and yet during that short space of time several great and weighty Affairs were dispatched Which as some think were prepared to their hand by the King and Council as it is now practised in Sweden by the 40 Counsellors of State and in Scotland by the Lords of the Articles And if they did only debate upon such Things as the King did propose a little Time might serve well enough to do it But it do's not appear to be so by what passed Feb. 9. 1597 39 Eliz. When the Queen gave her Royal Assent to 24 publick and 19 private Bills but refused 48 Bills more which had passed both Houses Certain it is that there was less Canvassing and more Plainness in those Days than there is at present The Place of Meeting for this honourable Assembly is in whatsoever City Town or House the King pleases But of latter times it has been ufually at the Kings ancient Palace at Westminster the Lords in a Room by themselves and the Commons not far from them in another Room which formerly was S. Stephens Chappel When the Day prefixt by the King in his Writs of Summons is come His Majesty usually comes in person to the House of Lords cloathed with his Royal Robes the Crown upon his head and the Sword of State before Him At the upper end of the Room is placed a Chair of State under a Canopy upon which His Majesty sits Then all the Temporal Peers appear in their Scarlet Robes every one according to his Degree and the Spiritual Lords in their Episcopal Habit which they do all the Sessions On the Kings right hand next the Wall are placed on a Form the two Arch-Bishops next below on another Form the Bishops of London Durham and Winchester then upon other Forms on the same side all the rest of the Bishops sit according to the priority of their Consecration The Lord Chancellor or Keeper when there is one stands behind the Cloth of State or fits on the first Wool-sack before the Chair of State with his Great Seal and Mace by him On the Kings left hand are placed the Treasurer President of the Council and Lord Privy Seal of they be Barons above all Dukes but those of the Royal Family if not Barons then they sit uppermost on the Wool-sacks And on the same side sit the Dukes Marquesses or Earls according to their Creation Cross the House below the Wool-sacks the first Form is that which the Viscounts sit upon and upon the next Forms the Barons all in order The King being thus seated in his Throne with this noble Appearance of the Peers of the Realm all standing uncovered his Majesty sends for the Commons from their Room where they are assembled Who being come at least part of them stand at the Bar of the Lords House Whereupon the King makes a short Speech to both Houses concerning such Matters as He thinks fit to lay before them for the Good of the Kingdom Amongst which that of a Supply of Mony is most commonly one in order to answer the extraordinary Charges of the Crown The King having ended his Speech the Chancellor or Lord Keeper did formerly use by the Kings Appointment to inlarge upon it with all the Rhetorick and Logick the Matter could bear to dispose both Houses to a Compliance with the King But His present Majesty has declined that Method and being a Prince of few Words gains more upon rational Men by his concise and plain Way of Delivery as the more agreeable to a true generous Nature than perhaps he might with all the Windings and Turnings of artificial Rhetorick Then the Speaker of the House of Lords commands in the Kings Name the Commons to assemble in their House there to chuse one of their Members for their Speaker and to present him such a Day to His Majesty Upon which the King withdraws and the Commons presently re-assemble themselves in the Lower House in order to chuse one of their Members for Speaker Sometimes as in the last Session the Speaker is chosen by the Kings Command before fore His Majesty delivers his Speech to both Houses of Parliament After the Speaker is chosen and the Choice approved by the King His Majesty leaves both Houses to their private Debates upon the Subject of his Speech and do's no more appear amongst them that Session in his Royal Robes except upon the passing of any Act or at the Close of the Session whether it be by Adjournment Prorogation or Dissolution 'T is true upon any extraordinary Debate in the House of Lords 't is customary with the Kings of England to assist at the same not to argue upon it or to influence the House one way or other but only to hear the Arguments of the House upon the Matter in Debate But then the King appears without his Crown and Robes and every Peer sits except when he speaks to the House as if the King were not there The House of Lords otherwise called the House of Peers or the Vpper House consists of 189 Members Viz. 163 Temporal Lords whereof 14 Dukes 3 Marquesses