Proceedings of the Council of Maryland, 1722. 387

   Board by his Honour the Governor and Ordered to be read          Lib. X.

   which said Letter follows in haec Verba

   May it please your Excellency                                    p. 41

     The question as I remember your Excellency and the

   honble Council demanded my opinion in was whether upon

   a new Election of Assembly men their meeting may be pro-

   longed beyond the time mentioned in the writts of Election

     lo which I humbly answer that as the King is the head

   beginning and end of Parliaments he may (where he is not

   restraind by act of Parliament) by his prerogative dissolve

   parliaments when and as often as he pleases, and that noth

   ing can be done without his Actual or Virtual presence, when

   the Circumstance of Affairs require it; the parliament may

   be prorogued to another day than that to which the Writ is

   returnable, and my Lord Coke in his fourth Institutes men

   tions the course to be taken on that Occasion to be, that when

   the parliament shall not begin (so are his words) at the day

   of the Return but for Urgent Causes then to be prorogued

   until another day then to be holden before the King, the

   ready way to Effect the same is by a writt Patent under the

   Great Seal reciting the writt of Summons and to bear Test

   before the return of it directed to the Lords and Commons

   according to their respective titles and that for certain causes

   and Considerations &c the parliament is prorogued, this writt

   indeed is to be read in the house of Lords in presence of

   some of the Commons with intent, no doubt that all persons

   Concernd may have due notice, but as the end may be attained

   here by means less expensive and inconvenient than the

   Assemblys meeting only to hear such a writt read Vizt by

   sending one into every County to be published by the Sheriff

   and that without any Irregularity I humbly submit to your         p. 42

   Excellency the most eligible method and as to the penalties

   upon the Delegates for non appearance at the Return of the

   writt of Election which was also mentioned as the design of

   the Law makers was (undoubtedly) to prevent the publick

   Affairs being neglected or delayed by the absence of any of

   the members, when the Assembly sits to do Business, were

   those penalties recoverable in the Courts of Law such a pro

   rogation as I have already mentioned would be a Bar to any

   Action brought for ‘em, and as they are inflicted by the house

   of Assembly its own members are not in a worse State than

   they would be at Law I beg your Excellencys Pardon for the

   Uncorrectness of this Scrawl and beg Leave to subscribe

   my Self               Sir

     7th April 1722      Your Excellencys most humble

                         and Obedient Servant

                              D Dulany