Page:Cyclopaedia, Chambers - Supplement, Volume 2.djvu/193

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middle may be a warren for hares and rabbits. Colts and horfes may be bred at large in the park, and in the fummer feafon it will be proper to have cows in the pafture ground on the plains.

There mould be at Ieaft five or fix enclofures in the park, that the deer may be {hut out or let in as occafion requires. In the coldeft feafons they fhould always be kept altogether in the hio-h woods,, where they have good fhelter, and are to be fed conftantly with provender by the keepers. In the fummer fuch a number as are intended to be ufed may alfo be kept on the belt ©round, that they may thrive quicker than thofe in- tended only for flore. Some artificial holes and caverns fhould alfo be made for the deer to retire into in the hot wea- ther, as well as in the cold. F Am.K-.fote, in our old writers, fignifics to be quit of inclofing a

park or any part thereof. 4. InLt- 308. Blount. PARKINSONIA, in botany, the name of a genus of plants, fo called in honour of the Englifh botanift, Parkin fon. The characters are thefe : the perianthum is deciduous, and is formed of one leaf divided into five fegments at the edge. The flower is compofed of five petals, nearly equal in fize, and larger than the fegments of the cup. They are difpofed in a circular form, and the four uppermoft are oval, the under one kid ncv-fh aped. The ftamina are two filaments, fome- what crooked ; the anthense are oblong; the germen of the piftil is oblong, {lender, and fomewhat bent ; there is fcarce any ftyle ; the ftigma is oblate and aflurgent. The fruit is an extremely long pod, of a cylindric figure, and fwelling out in the places where the feeds are, fo that it looks like a neck- lace. The pod terminates in a point, and contains as many round feeds as there are protuberances on it. Linnai Gen. PI. p. 1791 Plum. Gen. 3. PARLIAMENT (Cyc/.) — From the inquiries and rcafon'mgs of our antiquarians, it feems there has always been fomething of the nature of a parliamentary aflembly, as antient as any thing we know of our conftitution. This aflembly was fometimes called magnates regni, omnes regni whiles, proceres et Jideles regni, dif- cretio totius regni, generale concilium regni. Spelm. Glofl*. voc. Parliament. Prynn's Rights of Commons, 99. But tho' this in general feems fettled, yet many have been the difputes of antiquaries, with refpect to the power and autho- rity of thefe affemblies; as alfo about the perfons who com- pofed them. The firft formation of the houfe of commons has been particularly the fubject of warm debates. Cambden, in his Britannia a, dates the original of the houfe of commons, as now elected, from the 39th of Henry III. and Ctys he has it exfatis aniiquo fcriptore, but does not name his author. Pryn, in his plea for the lords, follows him b ; and fo do Dugdale, Heylin, Brady, Filmer, and others. Among other reafons this is one, that the firlt writ of fum- mons of any knights, citizens and burgefles, now extant, is no antienter than the 49th of Henry III. and it feems the moft probable, and moft commonly received opinion, that the houfe of commons was eftablifhed during the reign of Henry Hi. after he had vanquifhed the barons. Before that it is fcarce credible they would have fufrered any power in oppo- fition to their own. Thus much is certain, that in the reign of Edward I. we find a houfe of lords, and alfo a houfe of commons, confuting of knights, citizens, and burgefles. [ a Cambd. p. 1 3. b Pryn. 1. c. p. 182.] Sir f'dward Co'ce, in his fourth inftitute % fays, that the lords and commons at firft fate together. Whether they did or did not, does not well appear, nor does Selden b * determine the point. [ a p. 2. b Tit. of Hon. 704.]

The parliament commences by the king's writ or fummons : antiently fome of the peers only were fummoned, as it might have often proved inconvenient to fummon them all, if it be true that they were once about 3000 in number », When a parliamentary peerage was eftablifhed, all were fummoned : hence my lord Coke fays b, that every lord, fpiritual and tem- poral, of full age, ought to have a writ of fummons ex debito jujlitia. [ a Vid. Spelm. Glofl*. 67. Seld, Tit. of Hon. 692. b 4 In ft. I. For the form of fuch fummons, fee Cotton's Re- cords, 3, 4.]

Antiently the tenure firft created the honour, and fu;h as held per baroniam were fummoned to do fuk and fervice in parliament; and as fuch a fummons was an evidence of the tenure, fo it has been (nice fettled, that the fummons and fit- ting in parliament makes the baron. But in all degrees of quality above a baron, a fummons is not fufficient; becaufe there are other ceremonies requifite, which muft be perform- ed, unlefs difpenfed with by letters patent; and thefe being matters of record muft be produced a . [ a Seld. Tit. of Hon. 495, $30. Show. P- C. 5. Spelm. Glofs. 142.] The firft fummons of a peer to parliament differs from an or- dinary fummons, becaufe in the firft fummons he is called up by bis proper chriftian and funiarnes, not having the name and title of dignity in him till he has fat; but after that, the name of dignity becomes part of his name : but the writ of creation, in all other things, is the fame with the ordinary writ that calls him. Co. Litt. 16.

The writ of fummons ifliies out of chancery, and recites, that the. king de shifamento concilii, refolving to have a parliament,

defires quod tuterftt'ti cum, Sec. £ach lord of parliament is B have a diftmcT: fummons, and each fummons is to iflue at leaft forty days before the parliament begins. Vid. 7 and 8 of mil, and Mar. c. 25.

Of the manner of iummoning the judges, barons of the ex- chequer, king's council, and civilians, mafters in chancery, who have no voices, and how the writs differ from that to a lord of parliament, Vide Reg. 261. F. N. B. 229. 4 Inft. 4; Alfo a writ of fumrrions muft be directed to every fheriff of every county in England and Wales, for the choice and elec- tion of knights, citizens, and burgeifes, within each of their refpective counties *. [* 4 Inft. 6. 10. Co. Litt. 109. Vid. 7 and 8 Will, and Mar. c. 25-]

So a writ of fummons muft iflue out to the lord warden of the cinqueports, for the eleftions of the barons for the fame ; who in law are burgefles. 4 Inft. 6.

The fubftance of thofe writs ought to continue in their origi- nal eflence, without any alteration or addition, urjefs it be- by act of parlia?nent. 4 Inft. 10.

At the return of the writ, the parliament cannot begin but by the royal prefence of the king, either in perfon or by repre- fentation : by reprefentation two ways ; cither by a guardian of England by letters patent under t'je great feal, when the king is out of the realm, or by commiflion under the great feal of England to certain lords of parliament, reprefenting the perfon of the king, he being within the realm, in refpect of fome infirmity. 4 Inft. 6.

Every lord fpiritual and temporal, and every knight, citizen, and burgefs, fhall, upon fummons, come to the parliament, except he can reafonably and honeftly excufe himfelf ; or he mail he amerced. That is, reflectively, a lord by the lords, nd one of the commons by the commons. 4 Inft. 43, a 4.

If any member of the houfe of commons votes, or fits there during any debate, after the fpeaker is chofen, without having firft taken the oaths of allegiance and fupremacy, £?V. between the hours of nine and four, in full houfe, he fhall be adjudged a popifh recufant convict, be incapable of any office, and fhall forfeit 500 1. Stat. 30. Car. II. c. I. But fee 1 Will, and Mar. by which the form of the oath is altered ; and 1 3 and 14. Will. III. which enjoins the abjuration oath, with like penalties, which is altered in its form by 4 Ann. c. 5. The rights and qualifications of elections depend for the moft part on feveral acts of parliament. But it is to be obferved, that the rights and qualifications of voters in cities, towns, and boroughs, depend on their charters, and fuch cuftoms as have prevailed in them time immemorial. Hobari. 120, 126, 141,

The 2 Geo. II. c. 24, was made for the better afcertaining in general the right of voting, and for the greater fecurity of returning officers.

Antiently the manner of proceeding in bills was very different from what it is at this day : formerly the bill was in the na- ture of a petition, and thefe petitions were entered upon the lords rolls ; upon thefe rolls the royal aflent was likewife en- tered ; and upon this, as a ground work, the judges ufed, at the end of the parliament, to draw up the act into the form of theftatute, which was afterwards entered upon therolis called the Jlatute rolls : this was different from thofe called the lords rolls, or the rolls of parliament. Upon thefe Jlatute rolls, nei- ther the bill, nor the petition from the commons, nor the anfwer of the lords, nor the royal aflent, was entered; but only the ftatute, as it was drawn up and penned by the judges. This was the method till about Henry Vth's time; but then it was defired, that the acts of parliament might be drawn up and penned by the judges before the end of the parliament ; by reafon of a complaint then made, that the ftatutes were not equally and fairly drawn up and worded. After the parliament was diflblved or prorogued in Henry Vlth's time, the former method was altered ; and then bills continentes fsrmam aclus parliament!, were firft brought into the houfe. Thefe bills, before they were brought into the houfe, were ready drawn in form of an act of parliament, and not in the form of a peti- tion, as before : upon which bills it was written by the com- mons, foit baile al fe'tgneurs; and by the lords, fait baile al roy ; and by the king, le roy le voit. The bill thus endorfed, was to remain with the clerk of the parliament, and he was to enter the'bill thus drawn at firft in the form of an act of parliament, or ftatute, upon the Jlatute rolls, without enter- ing the anfwer of the king, lords, or commons ; and then he ilTucd writs to the fheriffs, with tranferipts of thefe Jlatute rolls, to proclaim the ftatute.

To the pafling of a bill the aflent of the knights, citizens, and burgefles muft be in perfon; but the lords may give their votes by proxy : and the reafon hereof is, that the barons did always fit in parliament in their own right, as part of the pares curtis of the king; and therefore, as they were allowed to ferve by proxy in the wars, fo they had leave to make their proxies in parliament; hut the commons coming only as re- prefenting the barones minores, and the focage tenants in the county, and the citizens and burgefles as reprefenting the men of their cities and boroughs, they could not conflitute proxies, becaufe they themfclves were but proxies and reprefentatives

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