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A81194 A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple. Curson, H. (Henry) 1699 (1699) Wing C7686A; ESTC R231895 237,927 672

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will require a whole Treatise 4 Co. Inst 23. The Lords give their Voices from the Puisne Lord Seriatim Content or not Content The Commons give their Votes by Yeas and Noes and if it be doubtful Two are appointed one for the Yeas another for the Noes to number them the Yeas going out and the Noes sitting still as being content with their Condition but at a Committee although of the whole House the Yeas go on one side and the Noes on the other whereby the greatest number will easily appear The Royal Assent to Bills passed both Houses is given in this manner The King Sitting in his Throne of State with his Crown on his Head in his Royal Robes and the Lords in their Robes The Clerk of the Crown Reads the Title of the Bills to which the Clerk of the Parliament according to directions from the King Answers if a publick Bill Le Roy le veut if a private Bill Soit fait comme el est Desire or otherwise Le Royn s'advisera being a absolute Denial in a Civil way If it be a Bill for Money given his Majesty then the Answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut The Bill for the King 's General Pardon hath but one Reading in either House for this Reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same Reason When the Bill for the General Pardon is passed by the King the Answer is thus Les Prelates Seigneurs Communes en ce Parliament Assembles au nom de tous vos autres Sujets remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne Vie longue All Acts of Parliament before the Reign of Hen. 7. were passed and enrolled in Latin or French now in English Most of our ancient Acts of Parliament run in this Stile The King at the Humble Request of the Commons with the Assent of the Prelates Dukes Earls and Barons hath Ordained or Enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth Enact Of latter times it hath been thus Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons Although the words of the Writ for Summoning the Commons is only ad Consentiendum and not ad consilium impendendum as it is in the Writ to the Lords The Adjourments are made in the Lords House by the Lord Chancellor to what other Day or Place the King thinks fit The Prorogations are made in the same manner only a Prorogation makes a Sessions and puts an end to all Bills not passed the Royal Assent At the Dissolution of the Parliament the King commonly comes in Person sending for the House of Commons After Speeches made the Lord Chancellor by the King's Command Declares the Parliament Dissolved The House of Commons is not prorogued or adjourned by the prorogation or adjournment of the Lords House but the Speaker upon signification of the King's pleasure by the assent of the House of Commons doth say This House doth Prorogue or Adjourn it self But when it is Dissolved the House of Commons are sent for up to the Higher House and there the Lord Keeper by the King's Commandment Dissolveth them And it may be observed That as the Parliament cannot begin without the King's presence either in Person or by Representation so it cannot end without Nihil enim tam conveniens est Naturali Aequitati unumquodque Dissolvi eo Ligamine quo ligatum est Coke's 4 Inst 28. The Proceedings and Transactions being referr'd to Authors who have Written thereof at large we shall only mention some remarkable things concerning the same And first Any Lord upon just cause to be absent may make his Proxy but he cannot make it but to a Lord of Parliament And a Commoner may not make a Proxy King John in the Thirteenth year of his Reign sent Embassadours to Admiralius Murmelius Great Emperour of Turkey Sir Thomas Harrington and Sir Ralph Nicholson Knights and Sir Robert of London Clerk Nuncios suos Secretissimos to offer to be of his Religion and become Tributary to him and He and his Subjects would be his Vassals and to hold his Kingdoms of him But that Infidel Great Prince as a thing unworthy of a King to Deny his Religion and betray his Kingdom utterly refused to accept King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third paying 1000 Marks for them which being afterwards Demanded with Homage by the Pope Anno 40. Ed. 3. In full Parliament it was fully agreed That Answer should be Returned That niether King John nor any for him could put Himself his Realm or People in any Subjection without their Consent And that if the Pope did attempt to gain it by Force they would resist with all their power Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament That they could not assent to any thing in Parliament that tended to the Disherison of the King or his Crown whereunto they were sworn By the Law and Custom of Parliament when any New thing is Devised they may Answer That they dare not Consent to it without Conference with their Countries Co. 4 Inst 14 34. As every Court of Justice hath Laws and Customs for its directions some by the Common Law some by the Civil Law and Canon Law some by Peculiar Laws or Customs c. so the High Court of Parliament Suis propriis Legibus Consuetudinibus subsistit Informations were preferr'd by the Attorney General against 39 Members of the House of Commons for Departing without the King's License whereof six submitted to their Fines and Edmund Plowden the Learned Lawyer pleaded That he remained continually from the beginning to the end of the Parliament and took a Traverse full of Pregnancy and after his Plea was Sine die per demise le Reigne In the Kings-Bench Upon Petition of Right to the King either in English or in French and the Answer thereunto Fiat Justitia a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench to remove a Record in praesens Parliamen●um An Act of Parliament must have th● Assent of King Lords and Commons but if it want this Threefold Consent it is not an Act but an Ordinance Of Acts of Parliament some be Declaratory of the ancient Law some be Introductory of a New Law and some be of both kinds by addition of greater Penalties or the like In ancient Times all Acts of Parliament were in form of Petitions and for the several Forms of Acts of Parliament see the Prince's Case 8 Co. Rep. 20. The Passing of a Bill doth not make a Sessions but the
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such