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interests; and I certainly should not bill, which being signed with his fail to defer to their pleasure with name, as examined, after having entire submission, and to execute his majesty's signet affixed to it, is with the mostimplicit obedience any directed to the lord keeper of the orders which I shall receive from privy seal. Upon receiving this, your lordships, under the sanction the clerk of the privy seal has a of their authority.
transcript of it prepared ; but preI have the honour to be, &c. vious to examining it, it is custo
GRENVILLE, auditor. mary for him to send a docquet, RETURN TO AN ORDER OF THE HO.
which in point of fact is a copy of NOURABLE HOUSE OF COMMONS,
the docquet subjoined to the bill, -for
which is prepared by the clerk of Copy of a letter from the deputy
the signet for the royal signature. clerks of the privy seal, of the
This docquet commences with the 4th January, 1811 ; stating their
words following: reasons why they could not pre
“ His majesty's warrant for issu. pare letters to pass the privy
ing, &c. &c."-and terminates, seal, for the issue of certain sums
“ subscribed for Mr.-_*, by warof money for the service of the
rant under his majesty's royal sign
manual ;” countei signed by three navy and army, Geó. HARRISON.
lords of the treasury. This doc
quet is compared with the docquet Whitehall Treasury Chambers,
to the king's bill aforementioned; Jan. 4, 1811.
and the clerk of the privy, seal in Privy Soal Office, 4th Jan. 1811. waiting writes at the end of it Sir, In pursuance of your request, “Examined ;" signing his name. by conimand of the lords commis- Upon this being returned, signed sioners of his majesty's treasury, hy three lords of the treasury, the that we should state, in writing, letters of privy seal are compared the reason which induced us to ac. with the signet transcript, and, quaint the lord keeper of the privy being likewise signed by the said seal, that we could not execute the clerk, are laid before the Lord command to prepare letters to pass keeper, in order that the privy seal The privy seal, for the issue of cer- inay be affixed thereto.. tain sums of money for the navy Our objection to signing the and army; we have no difficulty in letters of privy seal, therefore, was, complying with your request. that we conceived it would be de
The course of official routine, parting from the official line of our before we present the letters of privy duty, and acting contrary to the seal to the lord keeper, is as follows: express letter and spirit of our oath,
A warrant, signed by the king, if we signed these letters of privy and countersigned by three lords seal prior to the usual docquet being of the treasury, is direcied to the returned to the office countersignclerk of the signet, ordering him ed by three lords of the treasury. to prepare a bill for the royal sig. We considered this of the greater nature, to cause letters of privy seal importance, as we have always to pass. The clerk of the signet conceived the docquet to be a certhen prepares a transcript of this tificate, under the hands of their
lordships, that the royal signature George , the said had actually been affixed.
hath taken the oath above expresse Moreover, as the lord keeper ed, and subscribed his name before always retains the signet, and doc. met k eeper of the privy quet, as his vouchers for affixing seal; and hath also taken the oaths the seal; and the entry of the doc. appointed by an act of parliament, quet is the only record remaining entitled, “An act for abrogating in the office,
the oaths of supremacy and allegiThe tenor of the oath is as fol. ance, and appointing other oaths." lows:
(Signed)12 " You shall be true to our so We have the honour to be, &c. vereign lord the king, his heirs and
John LARPENT. successors, kings and queens of the
JOHN Jas. LARPENT. united kingdoms of Great Britain George Harrison, esq. &c. &c. and Ireland, and them faithfully serve to the best of your power, as
AGAINST THE ORDER TO ISSUE one of their clerks in the office of
MONEY. privy seal; and during the time
Saturday, Jan. 5, 1811. you shall continue in the same, you
ON THE REPORT OF THE COMMITTEE shall not prefer nor colourably
OF THE WHOLE HOUSE, . present to the keeper of the privy DISSENTIENT, seal or commissioners for the ex- 1. Because the principle on ecution of the office of keeper of which the resolution is founded, the privy seal for the time being, would justify the assumption of all · any manner of thing to pass the the executive powers of the crown seal, but such only as you shall by the two houses of parliament, have sufficient warrant" for, by during any suspension of the perwriting or by mouth granted or sonal exercise of theroyalauthority, given by the king's majesty, or 2. Because this unprecedented some of his highness's council in the and unconstitutional measure might court of requests.--You shall not have been avoided without injury disclose any of his majesty's causes to the public service, by resorting to you commanded to be kept se. (as was suggested in debate) to the cret, until such time as publication mode of proceeding sanctioned by be thereof made.-And you shall our ancestors in 1668, namely, an not seek to break any order used address to his royal highness the for the attendance of the clerks of prince of Wales, to take upon him the said office, or by colour thereof the civil and military administra. take any profits growing by the tion of affxirs, and the diposal of seal of the said office, and thereby the public revenue, until the means defraud them of the whole due or of supplying the defect in the exer. any parcel thereof.
cise of the royal authority should “ So help you God, and by the be finally adjusted. holy evangelists."
Holland (Signed) By the clerk. York
Clerk's name. . Here insert the lord keeper's game. By the lord keeper of the privy seal.'
Erskine . they have of course a right to that
commutation of service which
proxies. Hence the privilege is
We now lay before our readers His roval highness the duke of the authorities upon which the foreCumberland intended to have sign- going conclusions are founded. ed the protests, but came a minute THE ANCIENT METHOD AND MANNER or two too late.
OF HOLDING PARLIAMENTS IN
ENGLAND-BY HENRY ELSYNGE, PROXIES.
ESQ. SOME TIME CLERK OF THE This subject is of more impor
PARLIAMENTS. tance than many personsat first sight
. CHAP. V. may suppose. Whether the privilege The making of proxies proves the lords' be proper or not, is a question we right to be summoned. shall not argue. But when it is Those lords that could not apwished to abolish it, we may ask, pear according to their summons, What body can abolish it? The made their proxies; and even this house of lords? The privilege is shows their right to be summoned, one of the prerogatives of the crown, else what needed their proxies? recognised as such in all our books But if they neither came, nor upon the custom of parliament, made proxies, then for the disobeand acted upon for centuries. ' If dience unto the king's writ they it be therefore one of the preroga. were amerced (viz.): anciently an tives of the crown, or a privilege earl at 1001. and a baron at 100 which is derived from the crown, marks. (Vide the ancient manu. we shall ask, with all the due defe. script Modus tenendi farliament. cap. rence, whether it be competent for De inchoatione parliam.) the house of peers to restrict or Which since was qualified many abolish it? All the authorities of times (viz.)-An. 31 H. VI. no.46. the old books are clear upon the A duke was taxed at 1001. an earl point of prerogative. The king has a at 100 marks, and a baron at 401. right to command the service of all if he came not to parliament. his barons. In ancient times they Unto whom proxies may be made. were bound to attend in person ; A proxy cannot be made to a but the crown afterwards mitigated lord that is absent himself.- Vide the service, and commuted a per. An. 38 H.VIII. In fine libri Journal sonal service into a service by proxy. this entrance (viz.): But the power of dispensing with The lord Latimer sent his proxy, the service, as well as of commut- which the clerk received; but it ing it, flowed entirely from the was repealed by the lord chancel. crown. The sovereign, by not lor, for that the lord Latimer's using and by patent, has given up deputies were not present. the right of interference. But the So if the lord unto whom the barons being by their patents grant. proxy is made be afterwards absent, ed all the rights and privileges be. the proxy is void : yea, although longing to the degree of barons, the procurator be absent ex licentia 1811.
reris, and hath made a procurator As many proxies as any peer also for himself; for the proxy is hath, so many voices he hath bebut an authority to give another side his own; and if there be two man's consent, which cannot be or three proxies constituted by one referred to a third person. And absent lord (as is frequent), then therefore in such case the lord Vaux always the first named in the same made a second proxy anno 18 is to give the voice if he be present, Jacobi Regis, which I think was and if absent, then the second, &c. rather to detain his particular vote sic de reliquis.-(Ibid. Col. 2.) (a dignity particular to the lords. It is plain by the ancient treatise, of part.) than to avoid the king's Nrodus tenerdi parliamentin, that if displeasure ; the first proxy being a peer neither came to the parlia. a sufficient excuse for his absence. ment, nor sent a proxy, upon his
Neither is it the use now.to make writ of summons, he forfeited 1001. proxies unto strangers who are no if an earl ; 100 marks, if a baron, members of the house, nor to any &c.--(Ibid. 6 Col. 1.) of the attendants, as to the judges, It seldom happeneth, that any barons of the exchequer, or the like. bishop do nominate fewer than The form of the king's license to be three, or two proxies; nor any absent at this day.
temporal lord more than one.
(Towns. Col. 4, 39, 40, 42.) The first extant is in the journal 'John archbishop of Canterbury of 8 Eliz.
had this parliament five proxies. « Right trusty and well beloved, (Id. 34. .. we greet you well. Whereas we"
1 Eliz, a lord of parliament, by are informed, that by reason of license obtained of the queen to be sickness you are not able to make absent, made a proxy to three lords your repair hither to this our ses
of parliament.; one of which gave sion of parl, to be holden at West
consent to a bill; the other two minster; we have thought good
said, Not content. And it was by by these our letters to dispense you order of the lords debated amond
the judges and civilians attendant, you to remain still at home for this
at home for this and conceived by them, that time, so nevertheless that you do this was ni
this was no voice; and the opinion send up your proxy to some such per
was affirmed by all the lords, that sonage as may be for you, and in this was no voice.-(4. Inst. 12. 13.)
this was no voice. your name give his voice, acsent or 2 Car. I. 1626. The house of deny to such matinis as shall be
peers made an order, That after treated or concluded upon in our
this session no lord of this house said parl, and this o!!r letter Hall shall be capable of receiving above be your warrant. Given under our two proxies, or more, to be num. signet, at our palace at Westminster,
bered in any cause voted.-(Rush. the 20 Sept. in the 8 year of our Col. 269.) reign.'
. Lord Coke, in his “ Fourth From the Lex Parliamentaria. Institute," under the title of " AbAny lord of the parliament, by sents and Proxies," quotes from a license of the king, upon just cause record of Ed. IV. De vero modo to be absent may make a proxy.-- tenendi parliamentum ". That any (4 Inst. 12.)
lord of parliament, by license of
the king, upon just cause to be ed them by the forms used in grantabsent, may make proxy," &c. ing patents of peerage, and in call
It further appears, from the ing up peers by writ. .. fourth institute" That if the The form of grants in every king, by his writ, calleth any patent of a peer is as follows: knight or esquire to be a lord of * That he may have and posess a parliament, he cannot refuse to seat, place and voice, in the pailiaserve the king there, in communi illo , ment and public assemblies and consilio, for the good of his country.” councils of us, our heirs and succes,
It hence appears ist, That al) sors, amorigst the peers and barons knights and esquires (and conse- of parlianrent, and may enjoy and quently all barons who by the te- useail and singular the rights, privinure were so obliged) as were sum- vileges, 'immunities, and advanmoned by the king's writs to the tages, . to the degree of a baron house of peers were obliged to at- belonging, which other barons of tend, 2d, That before the conquest, this our kingdom have heretofore and after the conquest, (except as honourably and quietly used and shall be hereafter specified,). the enjoyed, and as they do at present peers were obliged to attend, not use and enjoy.” . . . solely in person, but either person. It is therefore contended, that ally or by proxy. For, if they at the barons and peers of the realm tended by proxy, they could not be having derived from the crown the fined by the king; but if they neither right of voting by proxy, before obeyed his royal summon's by 'per-' the conquest, that right having son or proxy, they could be fined. been confirmed at the conguest,
It will appear from Selden in his the interference with that right chapter of prosies, 'that several having been renounced by subsekings at particular periods endea- quent sovereigns through desuevoured to diminish this privilege túde, and all its ancierit force of granted before the conquest, and authority being re-established in all confirmed by the conquest, to the patents of creation and writs of peerage; but he quotes çertain summons, two consequences folinstances wherein the king, propter low: orduitatem rerum, insists in his sum- First that the privilege of attend. mons upon the personal attendance ing as a peer by proxy flowed as a of the barons, and, pro lk: vice, grant from the prerogative of the will not admit of proxies.
crown before the conquest, and is This kind of writ of summons, antecedent to the common law,-so, derogatory from the privileges Second, that it being a privilege granted to the barons before the not indierent in the peerage, ex vi conquest, was soon laid aside, and necessitatis or ex vi convenientia, but the privilege of acting by proxy has derivative from the crown, it cannot been interfered with forcenturies, not be annuiled by any vote of
It further will appear, that the any member of the lords in parlia. sovereigns of England having de ment, nor by all the lords assem. sisted from interfering with the bled together. privileges granted to the barons before the conquest, since confirm