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A62383 Memorials of the method and maner of proceedings in Parliament in passing bills Together with several rules and customs, which by long and constant practice have obtained the name of Orders of the House. Gathered by observation, and out of the journal books from the time of Edward 6. By H. S. E. C.P. Scobell, Henry, d. 1660. 1656 (1656) Wing S922; ESTC R219927 41,650 125

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be of great concernment in which case the House hath sometimes Ordered That such Bill should not be read till Ten of the clock to the end the House may be full The Speaker the day before doth usually acquaint the House That such Bills are ingrossed and that he intends the next day to offer them to be passed 7º Febr. 18. Iacobi Ordered That no Bill be put to pass till Nine of the clock and notice to be given the day before That Bills shall be passed the next day 24º April 22º Iacobi Ordered That all the Members of the House do attend the House half an hour after Seven of the clock and Bills to be put to passage by Eight and that on Monday next they should be offered to passing Upon such third reading and opening thereof by the Speaker as before the House being acquainted this is the third reading any Member may then likewise speak against the whole Bill to throw out the same or to any Clause thereof to be omitted or amended so as such Amendment be in one or few words which may be done at the Table A Proviso or Clause ingrossed in Parchment may after a third reading and before the Question for passing it be tendered to be made part of the Bill but he that tenders it must be careful that the same be so penned as that it may pass as it is or be capable of an Amendment at the Table by adding or amending one or few words else it is in danger to be rejected because it is not regularly to be committed When such Proviso or Clause is so tendered the substance thereof being first opened to the House if the House admit the same to be read it is to have the same Proceeding as in the first second and third Reading of a Bill and if after the second reading there be no Objection against it or after Debate when it comes to a Question the Question is to be put whether the Proviso or Clause shall be part of the Bill If the same pass in the Negative then the Clerk is to enter a Memorandum thereof if in the Affirmative then an Entry is to be made thereof likewise and then he is to File the same to the Bill ingrossed If while such Proviso or Clause is in Debate any Question be for Amendment thereof or Addition thereunto before the Proviso or Clause be put to the Question the Question is to be put whether such Amendment or Addition shall be made If that pass in the Negative and no other be desired which if it be is in the like sort to be proceeded in the Proviso or Clause alone or if in the Affirmative then with that Amendment or Addition is to be put to the Question whether it shall be part of the Bill as before If the House think fit to amend any thing in an ingrossed Bill the same so as it do not deface the Bill is to be done at the Table for after a third reading no Bill is to be recommitted upon the Matter or Body of the Bill so the Journal 1610. but the Debate hath been adjourned to another day If it be the next day without any other Debates between then he who spake to the body of the Bill the day before may not speak again to the Bill or any part thereof no more then he might have spoken twice that day 22. June 1604. The Bill for Restraint of the excessive wearing of Cloth of Gold and Silver Gold and Silver Lace c. was read the third time and much disputed but the time being far spent further Dispute and the Question was deferred to the next morning 23. June The Dispute touching the Bill for Apparel was moved and continued Upon the Dispute of that Bill some Members of the House offering to speak having spoken the day before to the same Bill It was agreed for a Rule If a Bill be continued in Speech from day to day one man may not speak twice to the Matter of the same Bill Or else a Bill hath been committed upon some particular Clause or Proviso which was done in a Case in the Fourth Session of Parliament in the First year of King James upon the Bill touching Sea-sands and in the third Session of the same Parliament upon the Bill of Clothing when upon a Report of the Committee the next day a Proviso was by direction of the House razed out of the Bill by the Clerk at the Table and so the Bill put to the Question passed But if the words to be amended may be done at the Table it is done there without a recommitment So 6º Maii 1606. It was much disputed whether a Bill ingrossed and found fault with should be recommitted into the Committee Chamber or amended at the Table It was resolved it should be amended at the Table When a Bill is read the third time if any Clause be resolved by the House to be added not being tendred in Parchment the same ought to be written first in Paper and read twice and then if it be agreed and ordered to be ingrossed and added to the Bill it is then to be ingrossed and read a third time and so if it be agreed is to be passed with the Bill Thus it was done in the Bill to restrain the Haunting of Ale-houses in Iune 1604. where a Clause was added That the Act should continue onely to the end of the First Session of the next Parliament When all the Clauses and Proviso's to the Bill are agreed or rejected and the Debate ended the Speaker is to ask the pleasure of the House whether he shall put the Bill to the Question if it be the general Sense of the House and none stand up to Speak against it then he is to put the Question Affirmatively and Negatively If any Member stand up before the Negative be put he having not formerly spoken to the Matter he is to be heard If it pass in the Affirmative an Entry is to be made thereof in the Journal Book as of all other the Proceedings aforesaid if in the Negative the Clerk enters on the back of the Bill Dashed 11º Novembr 1601. Upon Question after Debate whether any Member of the House after having been a Committee in any Bill may afterwards speak in the Negative part against the said Bill It was resolved and ordered upon the Question by the whole House That any Member of this House that hath been or shall be a Committee in any Bill may afterwards speak or argue Negatively to any such Bill without impeachment or imputation of breach of former Order which said Order and Resolution was appointed by the House to be entred for a future President accordingly 21º Martii 1588. The Bill for Relief of the City of Lincoln was read the third time and after many Arguments both for the Bill and against it the Bill was passed upon the Question and the division of the House with the difference of 53. persons viz.
with the Bill 118. and against the Bill 65. Which Difference being reported to the House the Bill was afterwards according to the ancient Orders of the House in such cases carried out and brought in again by Mr. Vice-Chancellor with the Bill in his hand followed and attended on with all the Members of the House then present as well those who had first before given their Voices against the passing the said Bill as those that had given their Votes with the passing of the same The Entry is made in the Journal of the Session of Parliament 4º Iacobi The Question being put for passing a Bill the House was divided the Yea's went forth the No's sate and it passed in the Affirmative upon Motion such as sate against the Bill went forth of the House and brought in the Bill in their hands which is according to ancient Order and was now moved and done once in a Parliament for preserving the memory of the Order and so expressed by the Mover When a Bill is passed after the third reading there is no further alteration to be made yet in case of an apparent mistake therein either by false writing or otherwise the House hath upon notice thereof caused the same to be amended the day following in the House where the Amendments are to be thrice read and the Bill again passed whereof there was a President in 23º Eliz. 20º Ianuarii In passing a Bill the Question is but once put Maii 18o. 1604. The Bill for shooting in Guns was put to the Question and passed in the Negative as Mr. Speaker judged It was urged that the Voice was doubtful and a double Question pressed but forborn and this Rule agreed No double Question upon the passing of a Bill though sometimes upon the committing of it it is double if the Voice or Question be not clear If it happen that two Bills be depending at the same time which have so near affinity as they may be fit to be joyned after they have been twice read the House hath sometimes Ordered that they should be ingrossed as one Bill this was done in two Bills concerning Treasons as appears by the Journal Book 16º Aprilis 13º Elizabethae A Bill once rejected is not to be offered again the same Session unless it be altered in some material parts 15º Iunii 1604. Upon Debate of a Bill for reviving divers Statutes and repealing others a Clause was added by the Committee to be inserted in an Act of 35º Eliz. Entituled An Act to retain the Queens Subjects in their due Obedience to this effect That the Husband should not pay for the Wives Recusancy which Clause was much argued and a Question propounded The maner of the Question was disputed which way it should be put Whether That this Clause shall stand or Whether That this Clause shall not stand and it was agreed for a Rule That upon the adding of any new thing the Question is to be put in the Affirmative whether it shall stand upon the continuing of the old in the Negative that it shall not stand The Question being whether the Statute of 43º Eliz. Entituled An Act for Explanation of a certain Act made 13º Elizabethae c. should be continued and the House being divided much Dispute and Difference there was whether upon this Question the Yea's or No's should sit It was thereupon affirmed and conceived for a Rule When any alteration is required of a Law in being as in this Case and thereupon the Question put the Yea's must sit still and the No's go forth 15º Iunii 1604. A Question being whether a Law formerly made should continue till the end of the next Session of Parliament much difference and dispute was whether upon the Question the Yea's or the No's should sit Upon a Question put it was resolved the Yea's ought to sit still and the No's to go forth The House was divided the Reporters differ in the number the House divided again this did not satisfie it being affirmed to be contrary to President and bred much debate what was to be done at length the House was content to let the Question rest as it was and thought fit to Order a new Bill for reviving the Law May 1604. Resolved to be entred as the Judgement of this House That no Speaker from henceforth shall deliver a Bill whereof the House is possessed to any whomsoever without leave and allowance of the House but a Copy onely Eodem die It is no possession of a Bill except the same be delivered to the Clerk to be read or that the Speaker read the Title of it in the Chair CHAP. X. Private Bills and Proceedings on them WHen there are many Private Bills the House hath sometimes set apart certain times for that Business onely As 7º Maii 1571. It was Ordered That the House do begin to sit on Friday next at Three of the clock in the afternoon and continue till Five and so every Monday Wednesday and Friday till the end of that Session the same time to be imployed onely in the first reading of Private Bills And in the first Parliament of King James It was Ordered That the House should meet at Seven of the clock and the time till Nine of the clock should be spent in reading Private Bills When any Private Bills that is Bills concerning Private Persons Corporations or some one or more particular Shire or Counties or any Publique Bill wherein is any Clause or Proviso that concerns such Person Corporation County or Counties is preferred to the House or in agitation in the House such person or persons may be heard by themselves or Council either at the Bar of the House if it be desired or at a Committee to whom such Bill is committed whereof are many instances 28º Junii 1607. A Bill for mending the High-ways in the Counties of Sussex Surrey and Kent was rulled to be a Private Bill and it was Ordered That ordinary Duties should be paid and performed for the same or else there should be no further proceeding in it 20º Aprilis 1606. A Bill was appointed to be read touching the Fens those who followed the Bill desired their Council might be heard to open the state of their Case and the equity and reasonableness of their Petition before it were read but it was not admitted It being declared That if the Council of the other side desired to be heard then both should be received and accordingly it was ruled That Council for the maintenance of any Bill ought not to be heard before it be opposed 22º Maii 1604. It was moved That whereas the Prothonotaries of the Court of Common-Pleas found themselves agrieved by a Bill preferred into this House for registring Judgements that may impeach Purchasers c. being now ingrossed their Council might be heard at the Bar upon the third reading and thereupon it was Ordered That Council on all parts interessed should be heard on Thursday following and upon hearing Council the Bill