Auctions re strained. Divers arbitrary jects had inherited this freedom, that they should not be compelled to contribute to any tax, tallage, or aid, or other like charge, not set by common consent in parliament; yet divers commissions directed to sundry commissioners in several counties had issued, by means whereof the people were assembled, and required to lend divers sums of money to his majesty; and many of them, upon their refusal, have had an oath administered to them, not warranted by law, and have been constrained to become bound to give attendance before the privy council, and in other places, and others of them have been imprisoned, &c.; and divers other charges had been laid and levied upon the people by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace, and others, by command or directions from the king, or his privy council, against the laws and free customs of the realm; and great companies of soldiers and mariners had been dispersed into divers counties, and the inhabitants compelled to receive them; and therefore prays and enacts, that no man shall be compelled to yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament, and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested concerning the same, and that the people shall not be so burthened with soldiers and mariners. And this statute was confirmed by the 16 Car. 1. c. 14. Eng. which declared that the charge imposed upon the subject in this reign, commonly called ship-money, and the late proceedings in respect thereto, were against the laws and statutes of the realm, the right of property, the liherty of the subject, former resolutions in parliament, and the Petition of Right. And the 4th article of the 1 W.& M.st.2. Bill of Rights also declares, that levying money for or c. 2. Eng. to the use of the crown, by pretence of prerogative, withby pretence of out grant of parliament, for longer time, or in other manner, than the same is or shall be granted, is illegal. II. The chapter of Magna Charta above mentioned not Right of apply only asserts the primary rights of personal security, per 16 Car.1. c. 14. Eng. Ship-money abolished. Levying money prerogative, restrained. §. 2. ing to the courts of justice for re-sonal liberty, and private property, but also vindicates dress of injuries asserted. the the auxiliary or subordinate fight of the subject of apply- 9 Hen.3. c. 29. ing to the courts of justice for redress of injuries, which, as E. & L thereby declared, he is to obtain without sale, denial, or poor, Ordinary course of justice not to prerogative of E. & I. delay. And the 2 Hen. 4. c. 1. E. & I. also declares, 2 Hen.4 c. 1. that the king's liege people may freely and peaceably, E. & 1. under his sure and safe protection, go and come to his courts to pursue the law, or defend the same, without disturbance or impediment; and that full justice and right shall be done in his said courts, as well to the as to the rich. The 2 Edw. 3. c. 8. E. & I. enacts, that 2 Edw. 3. c. 8. no commandment by the great or little seal shall disturb E. & 1. or delay common right, and though such shall come, the justices shall not fail to do right. And the 11 Ric. 2. be obstructed by c. 10. E. & I. also provides, that neither letters of the king. signet, nor of the king's privy seal, shall be sent to the 11 Ric.2. c.10. prejudice of the realm, nor in disturbance of the law. To this head also are to be referred the two first articles 1w. & M.st.2. of the Bill of Rights, which declare, that the pretended c. 2. Eng. power of suspending of laws, or the execution of laws, The king cannot by regal authority, without consent of parliament, is il- send or dislegal; and, secondly, that the pretended power of dispensing with laws, or the execution of laws, by regal authority, as then of late assumed and exercised, is also illegal. And this act (s. 12.) declares and enacts, that no dispensation by non obstante, of or to any statute, or No dispensation by non obstante any part thereof, shall be of any effect, except a dispensation shall be allowed of in such statute, or specially provided for. pense with laws 8. 12. III. The right of petitioning for redress of grievances §. 3. is also asserted by the Bill of Rights, the 5th article Right of petiof which declares, that it is the right of the subjects to tioning asserted. petition the king, and that all commitments and prosecu- c. 2. Eng. tions for such petitioning are illegal. The statutes which qualify this right, or restrain the abuse of this privi lege, will be found in another part of this work. 1W. & M.st.2. §. 4. ing arms as IV. Another auxiliary right, is that of carrying arms, in respect to which the 7th article of the Bill of Rights Right of carrydeclares, that the subjects, which are protestants, may serted. have arms for their defence, suitable to their condition, 1 w.&M. st.2. and as allowed by law. The statutes by which papists are c. 2. Eng. disabled Laws of Engband the birthright of the people. c. 2. Eng. disabled from carrying arms, as a punishment for actual or constructive recusancy, are reserved for another piace. Lastly, it is declared by the Act of Settlement, 12 & 13 W. 3. c. 2. Eng. that the laws of England are the birthright of the people, and that all the kings and 12 & 13 W. 3. queens who shall ascend the throne of the realm, ought to administer the government thereof according to the said laws, and their officers and ministers to serve them This clause of this respectively according to the same. statute, as also those of the Bill of Rights, which have been stated in this chapter, may be considered as declaratory of the constitutional law of the empire, and extending therefore to Ireland. And it is to be observed, that these acts, so far as they respect the settlement of the crown, are recited and adopted by the 2 Ann. c. 5. Ir.. $. 1. Parliament to be held fre quently. CHAP. II. Of the Parliament. THE frequent meeting of parliament is provided for by the 16 Car. 2. c. 1. Eng. which recites or refers to the 4 Edw. 3. c. 14. and 36 Edw. 3. st. 1.c. 10. E. & I. 4 Elw 3. c. 14. which required that a parliament should be holden once a year, or oftener if need be, and enacts, that the sitting c. 10. F. & 1. and holding of parliaments, shall not be intermitted or The 13th 16 Car. 2. c. 1. discontinued above three years at the most. E. & I. 36 Edw.3. st.1. Eng. 1W. & M.st. 2. e. 2. Eng. article of the Bill of Rights, (1 W. & M. st. 2. c. 2. Eng.) insists upon it as one of the undoubted rights of the people, that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, parliaments ought to be held frequently. And the 6 W. & M. c. 2. s. 1. Eng. c. 2. Eng. recites, that frequent new parliaments tend very much to the happy union and good agreement of the king and people, and therefore provides (s. 1.) that a parliament shall be holden once in three years at the least: 6 W. & M. and and by s. 2, that within three years at the farthest from the determination of every parliament, legal writs under the great seal shall be issued by the direction of the king, for calling assembling and holding another new parliament; which provision was also contained in the 16. Car. 2. c. I. 12Car. 2. c.30. 1. Eng. II. The independence of the king as one of the constitu$ 2. ent parts of the parliament is asserted by the 12 Car. Of the consti2.c. 30, Eng. which, while it attaints persons guilty of the tent parts of parliament, and murder of king Charles I, declares that by the undoubted first of the king. and fundamental laws of the kingdom, neither the peers s. of the realm, nor the commons, nor both together in parliament or out of parliament, nor the people collectively nor representatively, nor any other persons whatsoever, ever had or ought to have any coercive power over the persons of the kings of the realm; and by the 13 Car. 2. st. 1. c. 1. s. 3. Eng. to assert maliciously and ad- 13 Car. 2. st. 1. visedly by speaking or writing, that both or either house of parliament have a legislative authority without the king or words to that effect, is made a præmunire. c. 1. s. 3. Eng. peers. $3. Election of 16 peers for Scot III. With respect to the house of peers, the 5 Ann. c. 8. s. 12. Eng. provides that the sixteen peers, who by the 22d The house of article of the treaty for the union of England and Scot-5 Ann. c. 8. land were to have a right to sit in the house of peers in s. 12. Eng. the parliament of Great-Britain, shall be named by the peers of Scotland whom they represent, out of their own number, by open election and plurality of voices of the land. peers present, and of the proxies for such as shall be absent, the said proxies being peers, and producing a mandate in writing duly signed before witnesses, (and the constituent and proxy being both qualified according to law,) and in case of the death or legal incapacity of any of the said sixteen peers, the peers of Scotland shall nominate another of their own number in place of such peer in the manner before mentioned; and the 6 Ann. c. 23. s. 1. Eng. 6 Ann. c. 23. s. 1. Eng. (which alters the 22d. article of the Union) further provides, that when the crown shall declare its pleasure for summoning and holding any parliament of Great-Britain, in order to the electing and suminoning the sixteen peers of Scotland, a proclamation shall be issued under the great for the purpose. 8. 11. So for the elec tion of a new peer. S. 2. s. 8. Proclamation great seal of Great Britain, commanding all the peers of Scotland to assemble and meet, at such time and place in Scotland, as shall be appointed in said proclamation for that purpose, and so by and so by s. 11. in case of the death or disability of any peer elected, á proclamation shall issue in like manner, for the election of another in the room of such peer deceased or legally disabled; and such proclamation is thereby directed s. 2. to be duly published at the market-cross at Edinburgh, and in all the county towns of Scotland, 25 days at the least before the time thereby s. 3. appointed for such meeting of the peers. By s. 3. the peers who meet on such proclamation are required, before they proceed to the election, to take the oaths of allegiance, supremacy, and abjuration, and to make and subscribe the declaration against popery, and by s. 8. the peers shall come to be accompa- to such meeting with their ordinary attendants only, upon nied by ordinary attendants only. pain of incurring the penalties inflicted by the several laws and statutes in Scotland, which prescribe and direct with what numbers and attendants the subjects there may repair to the courts of justice; and by s. 9. every peer who shall at such meeting act, propose, debate or treat Not to debate of of any other matter, shall incur the penalty of pramunire expressed in the stat. 16 Ric. 2. c. 5. In respect to the appointment of proxies, this act provides s. 4. that such peers as live in Scotland, may take the oaths of allegiance, supremacy, and abjuration, and subscribe the declaration against popery in any sheriff's court in Scotland, and every sheriff or his deputy is thereby required, to return the original subscription of such oath and declaration signed by the peer who took the same, and to make a return in writing under hand and seal to the peers so assembled, of such peers taking said oath, &c. and such peer shall be thereby enabled and qualified to make a proxy, or send a signed list containing the names of the sixteen peers for whom he wishes to vote, (or by s. 11. the name of such one peer as he shall nominate upon the election of a new peer in the event of death or disability as aforesaid) and such of the peers of Scotland as at the time of issuing such proclamation reside in England, may take and subscribe the said oath, and make and subscribe the said de 8. 9. other matters. B. 4. Appointment of proxies. s. 11. claration |