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A60560 An old mould to cast new lawes by compiled by the Honourable Sir Thomas Smith, Knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, King Edward & Queen Elizabeth ; reprinted out of the Common-wealth of England by a friend to old bookes and an enemy to new opinions ; together with King James his declaration to both Houses at White-hall, of the kings power in the Parliament of Scotland in making lawes, March 31, 1607.; Common-wealth of England. Selections. 1643 Smith, Thomas, Sir, 1513-1577.; James I, King of England, 1566-1625. 1643 (1643) Wing S4218; ESTC R37569 7,526 14

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AN OLD MOULD TO CAST NEW LAWES BY COMPILED By the Honourable Sir Thomas Smith Knight Doctor of both Lawes and one of the Principall Secretaries unto two most worthy Princes King EDWARD Queen ELIZABETH Reprinted out of the Common-wealth of ENGLAND by a friend to old Bookes and an Enimy to new Opinions TOGETHER With King JAMES His Declaration to both Houses at White-hall of the Kings Power in the Parliament of Scotland in making Lawes March 31. 1607. Remember the dayes of old Consider the years of many Generations ask thy Father and he will shew thee thy Elders and they will tell thee Deut. 32. 7. Vir bonus est Quis Answer is made Qui consulta Patrum qui Leges juraque servat Printed M.DC.XLIII OF THE PARLIAMENT and the Authority thereof THe most high and absolute power of the Realme of England consisteth in the Parliament For as in Warre where the King himselfe in Person the Nobility the rest of the Gentility and the Yeomanry are is the force and power of England so in Peace and Consultation where the Prince is to give life and the last and highest Commandement the Barrony or the Nobility for the higher the Knights Esquires Gentlemen and Commons for the lower part of the Common-wealth the Bishops for the Clergy be present to advertise consult and shew what is good and necessary for the Common-wealth and to consult together and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House the other two parts first each a part and after the Prince himselfe in presence of both the partyes doth consent unto alloweth That is the Prince's and the whole Realmes deed whereupon justly no man can complain but must accommodate himselfe to find it good and obey it That which is done by this consent is called Firme Stable and Sanctum and is taken for Law The Parliament abrogateth old Lawes maketh new giveth order for things past and for things hereafter to be followed changeth rights and possessions of private men legitimateth bastards establisheth formes of Religion altereth waights and measures giveth forme of succession to the Crown defineth of doubtfull rights whereof is no Law already made appoynteth Subsidies Tailes Taxes and impositions giveth most free pardons absolutions restoreth in blood name as the highest Court condemneth or absolveth them whom the Prince will put to that tryall And to be short all that ever the People of Rome might doe either in Centuriatis Comitiis or tributis the same may be done by the Parliament of England which representeth and hath the power of the whole Realme both the head and the body For every English man is intended to be there present either in Person or by Procuration or Atturney of what Preheminence State Dignity or Quality soever he be from the Prince be he King or Queen to the lowest person of England And the consent of the Parliament is taken to be every mans consent The Iudges in Parliament are the King or Queens Majesty the Lords Temporall and Spirituall the Commons presented by the Knights and Burgesses of every Shire and Burrough Town These all or the greatest part of them and that with the consent of the Prince for the time being must agree to the making of Lawes The officers in Parliament are the Speakers two Clarkes the one for the Higher House the other for the Lower and Committees The Speaker is he that doth commend and preferre the Bills exhibited into the Parliament and is the Mouth of the Parliament He is commonly appoynted by the King or Queen though accepted by the assent of the House The Clarkes are the keepers of the Parliament Rolles and Records and of the Statutes made and have the custody of the private Statutes not Printed The Committees are such as either the Lords in the Higher House or Burgesses in the Lower House doe chuse to frame the Lawes upon such Billes as are agreed upon and afterward to be ratified by the same Houses Of the forme of holding the Parliament THe Prince sendeth forth His rescripts or writs to every Duke Marquesse Baron and every other Lord Temporall or Spirituall who hath voyce in the Parliament to be at his great Councell of Parliament such a day the space from the date of the writ is cōmonly at the least 40. dayes he sendeth also writs to the Sheriffes of every Shire to admonish the whole Shire to chuse two Knights of the Parliament in the name of the Shire to heare and reason and to give their advice and consent in the name of the Shire and to be present at that day likewise to every Citty and Towne which of ancient time hath been wont to find Burgesses of the Parliament so to make election that they may be present at the first day of the Parliament The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none Yeomen I call here as before that may dispend at the least 40s of yearly rent of free land of his own These meeting at one day the two who have the more of their voyces be chosen Knights of the Shire for that Parliament likewise by the plurality of the voyces of the Cittizens Burgesses be the Burgesses elected The first day of the Parliament the Prince and all the Lords in their Robes of Parliament doe meet in the Higher House where after prayers made they that be present are written and they that be absent upon sicknesse or some other reasonable cause which the Prince will allow doe constitute under their hand and Seale some one of these who be present as their Procurer or Atturney to give voyce for them so that by presence or Atturney and Proxy they be all there all the Princes and Barons and all Arch-Bishops and Bishops and when Abbots were so many Abbots as had voyce in Parliament The place where the assembly is is richly Tapessed and Hanged a Princely and Royall Throne as appertaineth to a King set in the midst of the higher place thereof Next under the Prince sitteth the Chancellor who is the voyce and Orator of the Prince On the one side of that House or Chamber sitteth the Arch-bishops Bishops each in his ranke on the other side the Dukes and Barons In the midst thereof upon Woolsacks sit the Iudges of the Realme the Master of the Rolles and the Secretaries of State But these that sit on the Woolsacks have no voyce in the House but only sit there to answer their knowledge in the Law when they be askt if any doubt arise among the Lords The Secretaries doe answer of such Letters or things passed in Councell whereof they have the custody and knowledge and this is called the Vpper House whose consent and dissent is given by each man severally and by himselfe first for himselfe and then severally for as many
and hasting of time At the afternoone they keep no Parliament The Speaker hath no voice in the House nor will they suffer him to speake in any Bill to move or disswade it But when any Bill is read the Speakers office is as briefly and as plainly as he may to declare the effect thereof to the House If the Commons doe assent to such Bills as be sent to them first agreed upon from the Lords thus subscribed Les Commons ont assentus so if the Lords doe agree to such Bills as be first agreed upon by the Commons they send them downe to the Speaker thus subscribed Les Seigneurs ont assentus if they cannot agree the two Houses for every Bill from whence soever it doth come is thrice read in each of the Houses if it be understood that there is any sticking sometimes the Lords to the Commons sometimes the Commons to the Lords doe require that a certaine of each House may meet together and so each part be informed of others meaning and this is alwayes granted After which meeting for the most part not alwayes either part agrees to others Bills In the upper House they give their assent and dissent each man severally by himselfe first for himselfe and then for so many as he hath Proxy When the Chancellor hath demanded of them whether they will go to the question after the Bill hath been thrice read they saying only content or not content without further reasoning or replying and as the more number doth agree so is it agreed on or dashed In the neather House none of them that is elected either Knight or Burgesse can give his voyce to another nor his consent or dissent by Proxy The more part of them that be present only maketh the consent or dissent After the Bill hath been twice read and then ingrossed and est-soones read and disputed on enough as is thought the Speaker asketh if they will go to the question and if they agree he holdeth the Bill up in his hand and saith as many as will have this Bill go forward which is concerning such a matter say yea Then they which allow the Bill cry yea and as many as will not say no as the cry of yea or no is bigger so the Bill is allowd or dashed If it be a doubt which cry is bigger they divide the House the Speaker saying as many as doe allow the Bill go downe with the Bill and as many as doe not sit still So they divide themselves and being so divided they are numbred who made the more part and so the Bill doth speed It chanceth sometime that some part of the Bill is allowed some other part hath much controversie and doubt made of it and it is thought if it were amended it would go forward Then they chuse certaine Committees of them who have spoken with the Bill and against it to amend it and bring it again so amended as they amongst them shall think meet and this is before it is ingrossed yea and sometime after But the agreement of these Committees is no prejudice to the House For at the last question they will accept it or dash it as it shall seem good notwithstanding that whatsoever the Committees have done Thus no Bill is an Act of Parliament Ordinance or Edict of Law untill both the Houses have severally agreed unto it after the order aforesaid no nor then neither But the last day of that Parliament or Session the Prince cometh in Person in His Parliament Robes and sitteth in His State all the upper house sitteth about the Prince in their States and order in their Robes The Speaker with all the Commons House cometh to the Barre and there after thanks-giving first in the Lords name by the Chancellor c. And in the Commons name by the Speaker to the Prince for that He hath so great care of the government of His People and for calling them together to advise of such things as should be for the Reformation establishing and ornament of the Common-wealth The Chancellor in the Princes name giveth thankes to the Lords and Commons for their pains and travailes taken which he the said Prince will remember and recompence when time and occasion shall serve and that he for his part is ready to declare his pleasure concerning their proceedings whereby the same may have perfect life and accomplishment by His Princely authority and so have the whole consent of the Realme Then one reads the Titles of every Act which hath passed at that Session but only in this fashon An Act concerning such a thing c. It is marked there what the Prince doth allow and to such he saith Le Roy or La Royn le vults And those be taken now as perfect Lawes and Ordinances of the Realme of England and none other and as shortly as may be put in Print except it be some private cause or Law made for the benefit or prejudice of some private man which the Romans were wont to call Privilegia These be only exemplified under the Seale of the Parliament and for the most part not Printed To those which the Prince liketh not he answereth Le Roy or La Royne saduisera and those be accounted utterly dasned and of none effect This is the Order and Forme of the highest and most authenticall Court of England by virtue whereof all those things be established whereof I spake before and no other means accounted availeable to make any new for feiture of Life Member or Lands of any English man where there was no Law ordained for it before King IAMES His Declaration to both Houses at White-Hall of the Kings power in the Parliament of SCOTLAND in making Lawes March 31. 1607. IT hath been objected as another impediment That in the Parliament of Scotland the King hath not a Negative voyce but must passe all the Lawes agreed on by the Lords and Commons Of this I can best resolve you for I am the eldest Parliament man in Scotland and have sate in more Parliaments then all my Predecessors I can assure you that the forme of Parliament there is nothing inclined to Popularity About a twenty dayes or such a time before the Parliament Proclamation is made through the Kingdom to deliver into the Kings Clark of Register whom ye here call the Master of the Rolles all Billes to be exhibited that Sessions before a certain day Then are they brought unto the King and perused and considered by Him and only such as I allow of are put into the Chancellors hands to be propounded to the Parliament and none others And if any man in Parliament speak of any other matter then is in this forme first allowed by me the Chancellor tells him there is no such Bill allowed by the King Besides when they have passed them for Lawes they are presented unto Mee and I with my Scepter put into my hand by the Chancellor must say I ratify and approve all things done in this present Parliament And if there be any thing that I dislike they race it out before If this may be called a Negative Voyce then I have one I am sure in that Parliament If I have spoken evill bear witnesse of the evill but if well why smitest thou mee Ioh. 18. 23. If I have said any thing amisse tell me Eras. Paraph. FINIS