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in his hands, puts the queftion, whether the bill fhall pafs. If this is agreed to, the title to it is then fettled. After this, one of the members is directed to carry it to the lords, and defire their concurrence; who attended by several more, carries it to the bar of the house of peers, and there delivers it to their fpeaker, who comes down from his woolfack to receive it. It there paffes through the forms as in the other houfe, (except engroffing, which is already done) and, if rejected, no more notice is taken, but it paffes fub filentio, to prevent unbecoming altercations. But if it is agreed to, the lords fend a meffage by two mafters in chancery (or fometimes two of the judges) that they have agreed to the fame: and the bill remains with the lords, if they have made no amendment to it. But if any amendments are made, fuch amendments are fent down with the bill to receive the concurrence of the commons. the commons difagree to the amendments, a conference ufually follows between members deputed from each houfe; who for the most part fettle and adjust the difference: but, if boto houfes remain inflexible, the bill is dropped. If the commons agree to the amendments, the bill is fent back to the lords by one of the members, with a meffage to acquaint them therewith. The fame forms are obferved, mutatis mutandis, when the bill begins in the house of lords. But, when an act of grace or pardon is paffed, it is firft figned by his majesty, and then read once only in each of the houfes, without any new engroffing or amendment. And when both houfes have done with any bill, it always is depofited in the house of peers, to wait the royal affent; except in the cafe of a money-bill, which after receiving the concurrence of the lords is fent back to the houfe of commons.

If

The royal affent may be given two ways: 1. In perfon: when the king comes to the houfe of peers, in his crown and royal robes, and fending for the commons to the bar, the titles of all the bills that

have paffed both houfes are read; and the king's anfwer is declared by the clerk of the parliament in Norman-French: à badge, it must be owned, (now the only one remaining) of conqueft; and which one could wish to fee fall into total oblivion; unless it be referved as a folemn memento to remind us that our liberties are mortal, having once been destroyed by a foreign force. If the king confents to a public bill, the clerk ufually declares, le roy le veut," the king wills it fo to be;" if to a private bill, foit fait come il eft defire," be it as it is defired." If the king refufes his affent, it is in the gentle language of le roy f' avifera," the king will advife upon it." When a moneybill is paffed, it is carried up and prefented to the king by the fpeaker of the houfe of commons, and the royal affent is thus expreffed, le roy remercie fes loyal fubjects, accepte lour benevolence, et auffi le veut," the king thanks his loyal fubjects, accepts their benevolence, and wills it fo to be." In cafe of an act of grace, which originally proceeds from the crown, and has the royal affent in the firft ftage of it, the clerk of the parliament thus pronounces the gratitude of the fubject; les prelats, feigneurs, et commons, en ce present parliament affemblees, au nom de touts vous autres fubjets, remercient tres humblement votre majefte, et prient a Dieu vous donner en fante bone vie et longue; "the prelates, lords, and commons, in this prefent parliament affembled, in the name of all your other fubjects, most humbly thank your majefty, and pray to God to grant you in health and wealth long to live." 2. By the ftatute 33 Hen. VIII. c. 21. the king may give his affent by letters patent under his great feal, figned with his hand, and notified, in his abfence, to both houfes affembled together in the high houfe. And, when the bill has received the royal affent in either of these ways, it is then, and not before, a ftatute or act of parliament.

This ftatute or act is placed among the records of the kingdom; there needing no forma prorulgation

to give it the force of a law, as was neceffary by the civil law with regard to the emperors edicts: because every man in England is, in judgment of law, party to the making of an act of parliament, being present thereat by his reprefentatives. However, a copy thereof is ufually printed at the king's prefs, for the information of the whole land.

An act of parliament, thus made, is the exercise of the highest authority that this kingdom acknowleges upon earth. It hath power to bind every fubject in the land, and the dominions thereunto belonging, nay, even the king himself, if particularly named therein. And it cannot be altered, amended, difpenfed with, fufpended, or repealed, but in the fame forms and by the fame authority of parliament: for it is a maxim in law, that it requires the fame strength to diffolve, as to create an obligation.

Such is the parliament of Great Britain, the fource and guardian of our liberties and properties, the ftrong cement which binds the foundation and fuperftructure of our government, and the wifely concerted balance maintaining an equal poife, that no one part of the thrce eltares overpower or diftreis either of the other.

Privy counsellors are made by the king's nomination, without either patent or grant; and, on taking the necellary oaths, they become immediately privy counsellors during the life of the king that choofes them, but fubj &t to rem val at his dilcretion.

The duty of a privy counfellor appears from the oath of office, which coniifts of feven articles: 1. To advife the king according to the beit of his cunning and difcretion. 2. To advile for the king's honour and good of the public, without partiality through affection, love, mecd, doubt, or dread. 3. To keep the king's counfel fecret. 4. To avoid corruption. 5. To help and frengthen the execution of what fhall be there refolved 6. To withstand all perfons who would attempt the contrary. And, laftly, in general,

general, 7. To observe, keep, and do all that a good and true counfellor ought to do to his fovereign lord.

The two principal fecretaries of ftate (one of whom is generally prefent whenever the council is held) are entrufted with the cuftody of the king's fignet. They jointly tranfact the king's affairs relating to Great Britain; but as to thole concerning foreign nations, they are divided between them; the eldett fecretary having the fouthern province, containing Flanders, France, &c. affigned to his management; and the younger fecretary manages the northern province, containing fuch nations as lie north of thole already mentioned.

Of the Courts of Law, &c.

The court of Chancery, which is a court of equity, is next in dignity to the high court of parliament, and is defigned to relieve the fubject against frauds, breaches of truít, and other oppreffions; and to mitigate the rigour of the law. The lord high chancellor fits as fole judge, and in his abfence the mafter of the Rolls. The form of proceeding is by bills, answers, and decrees, the witneffes being examined in private: however, the decrees of this court are only binding to the perfons of thofe concerned in them, for they do not affect their lands and goods; and confequently, if a man refufes to comply with the terms, they can do nothing more than fend him to the prifon of the Fleet. This court is always open; and if a man be fent to prifon, the lord chancellor, in any vacation, can, if he fees reafon for it, grant a babeas corpus.

The clerk of the crown likewife belongs to this court, being obliged, or by his deputy, always to attend on the lord chancellor as often as he fits for the difpatch of bufinels; through his hands pats all writs for fummoning the parliament or chufing of members; commiffions of the peace, pardons, &c.

The King's Bench, fo called either from the kings of England fometimes fitting there in perfon, or be

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caufe all matters determinable at common law between the king and the subject, are here tried; except fuch affairs as properly belong to the court of Exchequer, This court is, likewife, a kind of cheque upon all the inferior courts, their judges and juftices of the peace. Here prefide four judges, the first of whom is filed lord chief juftice of the king's bench, or by way of eminence, lord chief juftice of England, to exprefs the great extent of his jurifdiction over the kingdom: for this court can grant prohibitions in any cause depending either in fpiritual or temporal courts; and the houfe of peers does often direct the lord chief juftice to iffue out his warrant for apprehending perfons under the fufpicion of high crimes. The other three judges are called juflices, or judges, of the king's bench.

The court of Common Pleas takes cognizance of all pleas debateable between fubje&t and fubject; and in it, befide all real actions, fines and recoveries are tranfacted, and prohibitions are likewife iffued out of it, as well as from the King's Bench. The firft judge of this court is ftiled lord chief juftice of the common pleas, or common bench; befide whom there are likewife three other judges, or juftices, of this court. None but ferjeants at law are allowed to plead here.

The court of Exchequer was inftituted for managing the revenues of the crown, and has a power of judging both according to law and according to equity. In the proceedings according to law, the lord chief baron of the Exchequer, and three other barons, prefide as judges. They are ftiled barons, because formerly none but barons of the realm were allowed to be judges in this court. Befide these, there is a fifth called curfitor baron, who has not a judicial capacity, but is only employed in adminiftring the oath to fheriffs and their officers, and also to several of the officers of the Cuftom-houfe.-But when this court proceeds according to equity, then the lord treasurer and the chancellor of the Exchequer prefide, affifted by the other barons. All matters touching the king's

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