Secretaries of State.

To propofe Bufinefs to the Privy-Council, and in the King's Abfence to make the Report of their several Transactions to his Majefty, there is a Prefident, who by his Office is one of the Nine great Officers of State.

The King may declare or conceal from his Privy-Counsellors whatever he thinks fit, and has a felect Council out of their Number, commonly called the Cabinet-Council; with whom his Majefty determines fuch Affairs as are most important, and require the utmoft Secrecy. Being what chiefly relates to the wellgoverning of the Kingdom.

'Tis in the Power of the Privy-Council to enquire into all Trefpaffes and Crimes against the Governinent, and to commit the Delinquents in order to their Trial.

A Privy-Counsellor, tho' but a Gentleman, has Precedence of all Knights, and younger Sons of Barons and Viscounts, and is filed Right Honourable: But the Council it felf is called Mof Honourable.

To attend the Council, there are four Clerks in ordinary, and. four extraordinary: Alfo two Keepers of the Council Chamber.

The Principal Secretaries of State are, by their Office, Members of the Privy-Council, ever fince the Reign of Queen Elizabeth. Whereas before they only prepared Bufinefs for the Count cil-Board, in a Room adjoining to the Council-Chamber; which done, they came in, and ftood one on the Right Hand, and the other on the Left. And till the Secretaries had gone through with their Proposals, nothing was debated at the Council-Board.

Before the latter End of Henry VIII's Reign there was but one Secretary of State, when his Majefty thought fit to have this Office difcharged by two Perfons of equal Authority, and both called Principal Secretaries of State: Whole Employment being of great Truit, makes them very confiderable, both to the Eyes of the Sovereign and People; therefore they attend him daily, as Occafion requires. The Requests of the Subject being likewife for the moft Part lodged in their Hands, the fame are reprefented by the Secretaries of State, to the King, and the Dif patches by them made according to his Directions.

As for Domeftick Affairs, both Publick and Private, the two Secretaries do equally receive and difpatch whatsoever is brought to them, as private Grants, Pardons, Difpenfations, &c. except Ireland and the Plantations, which properly belong to the elder Secretary. But for foreign Affairs, they have each his Province; one called the Northern, and the other the Southern Province, the laft belonging properly to the elder Secretary. The Northern Province includes the Low Countries, Germany, Denmark, Sweden, Poland, and Muscovy; and the Southern, France, Swifferland, Italy, Spain, Portugal, Turkey, &c. According to which Divifion, each Secretary receives Letters and Addreffes from, and makes all Difpatches to the feveral Princes ard Statés belonging to his own Province.

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On the 3d of February, 170. the late Queen in Council was pleafed to declare, That the publick Bufinefs increafing (by reafon of the late happy Union) fhe had thought fit to appoint a Third Secretary of State; but that her Majefty intended nevertheless to continue the Foreign Affairs, for the prefent, in the Course of Difpatch they were then in: Whereupon James Duke of Queensberry and Dover was fworn into that Office, which, upon his Grace's Death was for fome time discontinued, till her Majefty was pleafed to appoint the then Earl of Marr her Third Principal Secretary of State. This Third Secretary is now in Ufe.

In all the Royal Houses, they have each his Apartment, as well for his own Accommodation, as for his Office, and thofe that attend upon it. They have also a very good Table at the King's Charge, or elfe Board-wages; and their fettled Allowance from the King, in Salary and Penfion, is about 2000l. to each per Annum.

They have each of them two Under Secretaries and Clerks attending the Office, and wholly at his own Choice, without any Dependance upon any other. These Places are confiderable.

A Secretary of State being a Baron, takes place of all other Barons; but if above the Degree of a Baron, then he takes place only according to the Seniority of his Creation. If a Knight, and has no other Qualifications, he has the Precedence of all other Knights.

To the Secretaries of State there belong two other Offices, one called the Signet, and the other the Paper-Office.

By the Signet is meant the King's Seal, being in their Custody. In this Office, which is kept at White-hall, there are four Clerks, who wait alternately three Months together, and prepare fuch Things as are to pafs the Signet, in order to the Privy-Seal.

The Clerk in waiting attends the Court wherefoever it refides, and prepares fuch Bills or Letters for the King to fign, as he is directed by Warrant from the King, or Secretaries of State, or Lords of the Council.

All Grants prepared by these Clerks, or by the King's Council learned in the Law, for the King's Hand, are returned into this Office, when figned, and there tranfcribed again. The Tranfcription is carried to one of the Principal Secretaries of State, and being sealed by him, it is called a Signet: Which is directed to the Lord Privy-Seal, and is his Warrant for iffuing out a Privy Seal upon it. But Privy-Seals for Money do now always begin in the Treafury, from whence the first Warrant iffaes counterfigned by the Lord Treasurer.

The Paper Office is that wherein are kept all Papers and Dif patches that pafs thro' the Offices of the two Secretaries of State, fuch as Matters of State and Council, Letters, Intelligences, and Negotiations with Foreign States, which are here difpofed by way of a Library at White-hall. The Keeper whereof has a Fee of 1601. per Annum, payable out of the Exchequer.

S

CHAP.

The Conflitution of a Bri

I

CHAP. XXXV.

Of the Parliament of GREAT-BRITAIN.

Come now to fpeak of the High Court of PARLIAMENT, wherein the grand Concerns of the whole British Nation are tif Parlia to be debated. This Affembly is vefted with a Legislative Power, and makes Two of the Three Estates of the Realm; which three Eftates are the King, Lords and Commons.

ment.

Accordingly this Auguft Body confifts of two Houses, one called the House of Lords, and the other the House of Com

mons.

Before the Union, the first confifted of all the Spiritual and Temporal Peers of the Realm, qualified to fit in the House, and making up about 170. But the House of Commons confifted of 513 Commoners: Among which we call Knights of the Shire, fuch as are chofen by the Cinque Ports; Citizens, that stand for Cities; and Burgefjes, for Towns or Boroughs privileged to fend Members to Parliament.

By the Union, there is an Acceffion of 16 Peers of Scotland to the House of Lords, and 45 Commoners to the House of Commons. The firit to be chofen against a new Parliament, by the Peers of Scotland, out of their Body; and the laft, being Barons and Burgeffes, by the Shires and Boroughs. By which 16 Peers, and 45 Commoners, Scotland is to be represented in the Parliament of Great Britain. And the Scots Peers fitting in the House of Lords, have the fame Privileges as the English Peers.

As the Houfe of Lords feems conftituted to fupport the Rights of the Crown, fo the proper Province of the House of Commons is to contend for the Preservation of the People's Liberties. And tho' the Commoners in fome Parliaments have been for extending the Royal Prerogative, yet I find the Lords in all Times have been the furest and most natural Bulwark of the Prerogatives of the Crown. King Charles I. called them an excellent Skreen between the Prince and the People, to affift each against any Enchroachments of the other. 'Tis not the Lords Intereit any way to contribute to the Diminution of the Rights of the Crown, or to fuffer it in others. For the Prefervation of the legal Prerogative, is not only the fureft Way to fecure their own Privileges, but of abfolute Neceffity for the happy and rightful Adminiftration of the Go

vernment.

In short, the Defign of Parliaments is to keep up the Conftitution, to fupport the Honour of the Crown, and maintain the Privileges of the People; to raife fuch Subfidies as Occafion requires, make neceflary Laws, and redress all publick Grievances. Therefore 'tis the Intereft of the People to be careful and wary in the Election of their Reprefentatives, and (like free

Agents)

Agents) not to fuffer themselves to be biaffed against the publick Intereft.

The Power of Calling a Parliament, of Adjourning, Proroguing, and Diffolving the fame, is entirely lodg'd in the Sovereign.

The Sitting of the Parliament is appointed by Royal Proclamation, with the Advice of the Privy Council; and the Time appointed for the Parliament to meet, ought (by the late Union A) to be no less than 50 Days after the Date of fuch Procla

mation.

Upon the Proclamation, Writs are iffued by the Lord Chancellor, or Lord Keeper, to every Lord Spiritual and Temporal, to appear at the Time and Place appointed, to give their Advice on fome weighty Affairs. Alfo to all the Sheriffs, commanding them to fummon the People to elect as many Knights, Citizens, and Burgeffes, in their respective Counties, as are to fit in the Houfe of Commons.

As for Scotland, a Writ is to be directed to the Privy-Council there, for fummoning the 16 Peers, and for electing the 45 Members, by whom Scotland is to be represented in the Parlia ment of Great-Britain.

Many undue Elections were formerly made at an exorbitant Charge, the Candidates expending great Sums, in treating the Electors for their Voices: To prevent which Abuse, an Act was made in the late Reign, by which any Gift or Prefent, Reward or Entertainment, given or promised, directly or indirectly, by any one, from the Date of the Writ, makes the Election void. All falfe Returns are alfo prohibited by an Act paffed in the fame Seffion, and the Party aggrieved is impowered to fue the Officers and PerJons making or procuring the fame, and to recover double the Damages, with his full Cofts of Suit.

And whereas it happens fometimes, that a Burgess is elect ed for two Boroughs, when the Parliament meets, he must declare to the Houfe for which Place he will serve, that a Writ may be issued out for a new Election to be made by the other Place.

No Judge of the King's Bench, Common Pleas, or Exchequer, can be chofen, because they are Affiftants in the Lords Houfe; no Sheriff, because his perfonal Attendance is required at his Bayliwick during his Sheriffalty; no Clergyman, because of his attending the Convocation, nor is any Gentleman qualified to ferve in Parliament, unless he be poffefs'd of 300l. per Annum.

A Man attainted of Felony or Treafon, cannot be chofe ; but one Out-lawed, in a perfonal Caufe, may be elected. No Foreigner that is not naturalized can be a Parliament Man; but, if he be a Houfholder, his Voice in the Election of Members is allowed of in fome Places, particularly in the City of Weft minfter. Anciently,

$ 2

ment's Meet

Anciently, a Knight of the Shire was allowed 4 s. and a Citizen or Burgess 2 s. a Day, from the refpective Places for which they were chofen: A good Allowance in those Days: But now fo inconfiderable, that it is quite laid afide, and all Members serve at their own Expence. The Lords have always borne their own Charges, because they reprefent only themselves in Parlia

ment.

The Solemnity As the Time for the Parliament's Sitting lies in the Sovereign's of the Parlia Breast, so does the Place of Meeting: Though it is fixed at the ancient Palace of Westminster; the Lords in a large Room by themselves, and the Commons in a larger, which was of old St. Stephen's Chapel.

ing.

At the opening of the Parliament on the Day prefix'd, the King comes to the House of Lords, in His Royal Robes, with the Crown on His Head, and the Sword of State borne before Him. His Majefty fits under a Canopy, at the upper End of the Room.

Then the Temporal Lords appear in their S arlet Robes of State, every one according to his Degree; and the Spiritual Lords in their Epifcopal Habit.

Against the Wall, on the King's Right Hand, the two Archbishops fit by themselves on a Form. Below them, the Bishops of London, Durham, and Winchester; and next to them, all the other Bishops, according to the Priority of their Confecration.

On the King's Left Hand, the Lord Treasurer, Lord Prefident of the Council, and Lord Privy Seal, fit upon Forms, above all Dukes that are not of the Royal Blood. Then the Dukes, Marquiffes and Earls, according to their Creation.

Crofs the Room are the Wool-facks, continued to this Day, to put the Peers in mind of the great Advantages the English Wool has brought to the Nation, that the Care of it may never be neglected.

The Lord Chancellor, or Lord Keeper, being of Course the Speaker of the House of Lords, fits on the firft Wool-fack, before the Throne, with the Great Seal and Mace lying by him.

Below the Wool-facks there are Forms cross the Room, first for the Viscounts, and next for the Barons, fitting in Order according to their Creation; except the Lord High Admiral, the Lord Great Chamberlain of England, the Earl Marshal, the Lord Steward, and the Lord Chamberlain of the King's Houfhold, who take place of all others of the fame Degree of Nobility with themselves.

But whatever Diftinction there be among the Peers, they all fit as Barons in the Houfe of Lords; and the Bifhops themfelves fit there, by virtue of their Barony.

As to the other Wool-facks, the Judges, the King's Council at Law, and Mafters of Chancery, fit upon them, when called to give their Advice in point of Law. But they ought not to fit in the King's Prefence, without His Leave. In His Majelty's

Abfence