williams 4. H. 7 Richard Empson Esq 7. H. 7 Learned in the Lawes Recorder of Coventry afterwards of the privy Councell to H. 7. Sir Reginald Bray 11. H 7. He made the usuall protestation for himselfe but there is no mention at all upon the Record concerning any petition the liberty of the Commons Robert Drury Esq 11. H. 7 Thomas Inglefield Esq 12. H. 7 Edmond Dudley Esq 19. H. 7 Learned in the Lawes he was afterward of the privy Councell to H. 7. Sir Thomas Ing'efeild 1. H. 8 Sir Robert Sheffeild 3. H. 8 Recorder of London Sir Thomas Nevill 6. H. 8 The Speakers presentment excuse and protestation are onely entered on Record before this time but no Oration of theirs till this time Sir Thomas More 14. 15. H. 8 Chancellor of the Dutchy of Lancaster after Lord Chancellor of England hee was Speaker of the house of Commons in this Parliament and Speaker of the Lords house the next hee made the usuall protestation for himselfe and prayed if any of the Commons should in debate of matters speake more largely then they ought that it might be pardoned by the King which the King granted Thomas Audeley 21. H. 8 Sergeant at Law Chancellor of the Dutchy of Lancaster Lord Keeper of the great Seale in 24. H. 8. made Lord Chancellor of England and lastly created a Baron He made the usuall protestation for himselfe but there is no mention upon the Record of any petition by him made in the behalfe of the Commons I have not found any Speaker named in the Record or Chronicles in these yeares of H. 8. viz. 22. 23. 24. 25. 26. 27. Richard Rich 28. H. 8 Afterwards made L. Chancellor and created a Baron the first that is recorded to have made request for accesse to the King from him are discended the Earles of Warwicke and Holland now living Sir Nich. Hare 31. H. 8 Afterwards Master of the Rolls and after that Lord Keeper of the great Seale of England after which hee lived but 14. daies Thomas Moyle Esq 34. H. 8 The first that is recorded to have made petition for freedome of speech the petition for priviledge from arrest is of latter daies but it appeares in the first of H. 4. that Sir Iohn Cheney then Speaker made a generall request that the Commons might injoy their ancient priviledges and liberties not naming any liberty in particular and hee is noted to be the first that is recorded to have made that request but they all make the usual request or protestation touching themselves In the latter end of the reigne of K. H. 8. there is no mention made in the Parliament Roll of the presenting of any Speaker nor in the time of Ed. 6. or Queen Mary nor during the Reigne of Queen El. when Sir Iohn Puckering was Speaker but the memories of the Speakers names of those latter times is onely presented in the Journalls of both Houses Sir Iohn Baker 1. Ed. 6. to 5. Foure Sessions Chancellor of the Augmentations Sir Iames Dyer K t. 7. Ed. 6 Sergeant at Law afterwards Kings Sergeant and Lord chiefe Justice of the Common Pleas Iohn Pollard Esq. 1. Mary Learned in the Lawes he continued Speaker during two Sessions Clement Higham Esq 1. 2. P. M Learned in the Lawes and one of the privy Councell afterward Knighted and made L. Chiefe Baron of the Exchequer Iohn Pollard Esq. 2. and 3. P. M. Learned in the Lawes afterward made Sergeant VVilliam Cordall Esq 1. 2. P. M. Master of the Rols one of the privy Councell he was Knighted the day he made his oration and was Master of the Rolls when he was chosen Speaker as may appeare by comparing the date of his letters pattents with the time of his being chosen Speaker Sir Thomas Gargrave 1. Eliz. Learned in the Lawes and one of the Queenes Councell in the North he made the foure Requests ever since and now usually made by most Speakers as appears by his Oration First for free accesse to the Queene Secondly liberty of speech Thirdly for priviledge from Arrests Fourthly that his mistaking might not prejudice the house Thomas VVilliams Esq. 5. Eliz. Learned in the Lawes Richard Ousloe Esq 8. Eliz. The Queens Solicitor hee was first chosen member of the Commons house and then being made Queens Solicitor had a writ to attend in the upper house and upon the death of Mr. Williams at the request of the Commons was sent unto them and they chose him their Speaker but so as the house was divided upon the question Christopher Wray Esq 13. Eliz. Learned in the Laws afterwards Lord chiefe Justice of the Kings bench Robert Bell Esq 14. Eliz. Learned in the Lawes after made Sergeant and Lord chiefe Baron Iohn Popham Esq 23. Eliz. Sollicitor to the Queene chosen in place of Sir Robert Bell who was made Lord chiefe Baron and died also before this Session Mr. Popham was afterwards made the Queenes Atturney and after chiefe Justice of the Kings Bench and one of the privy Councell when hee was chosen Speaker he was an assistant in the upper house and sent for as Mr. Ousloe was Mr. Sergeant Puckering 27. Eliz. Till twenty eight during two Sessions afterwards made the Queenes Sergeant and Lord Keeper of the great Seale Mr. Sergeant Snag 31. Eliz. Afterward made Queenes Sergeant Edward Cook Esq 35. Eliz. Solicitor generall afterward made Queenes Atturney and Knighted Lord chiefe Justice of the Common Pleas a privy Councellor and lastly made Lord chiefe Justice of the Kings Bench Mr. Serjeant Yelverton 39. Eliz. Afterward made Queenes Serjeant and after that one of the Judges of the Kings Bench and Knighted Mr. Sergeant Crooke 43. Eliz. Recorder of London afterwards made Sergeant to Ring Iames and one of the Justices of the Kings Bench and Knighted Mr. Sergeant Phelips 1. Iacobi He was during the time hee was Speaker made Master of the Rolls and yet sate as Speaker Sir Ranulph Crew 12. Iac. Sergeant at Law afterwards made Kings Sergeant and chiefe Justice of the Kings Bench Sir Thomas Richardson 18. Iac. Sergeant at Law afterwards made Kings Sergeant and chiefe Justice of the Common Pleas and after chiefe Justice of the Kings Bench Sir Thomas Crew 21. Iac. Sergeants at Law afterwards made King Sergeant Sir Thomas Crew 1. Caroli R. Sir Heneage Finch 1. Car. Reg. Recorder of London Sergeant at Law Sir Iohn Finch 3. 4. Car. Queenes Atturny afterwards made one of the Kings Councell at Law then chiefe Justice of the Common Pleas and lately Lord Keeper of the great Seale Iohn Glanvile Esq 16. Car. Sergeant at Law at the Parliament begun the 13. of Aprill 1640. and was dissolved 5. May following and so continued but 22. daies afterwards he was made the King Sergeant William Lenthall Esq 16. Car. Learned in the Laws one of the Benchers and Readers of Lincolns Inne at the Parliament which began the 3. of November 1640. FINIS
her Judges and therefore wondred at the proceedings of the house and concluded that they expected and desired that the house would take it into their further consideration afterwards the house by a special Committee praying their Lordshippes to joine in petition to the Queene about matters of Religion causing the messengers to stay in the painted Chamber after a while sent out unto them the chiefe Justice and others to tell them that when they received an answer from the house touching the Bill of fraudulent conveiances the house should have an answer touching the petition An. 27. Eliz. 10. Mar. Fo. 130. in the Iournall to the Bill against Jesuits which passed from the the Commons house there were some amendments desired to bee made by the Lords the Commons by message desire the Lords to reforme their desired amendments in some points which the Committees for the Lords thought could not bee done by order but the Commons house resolved it might bee well helped by a Proviso in the Commons house and chose rather to take the course then further to urge their Lordships therein Anno 27. Eliz. 13. Mar. The Bill touching the sabbath which upon divers conferences of the houses received divers additions alterations and amendments of amendements and by that meanes was much defaced was sent downe by the Lords and praied by them that it might be new written which was done and so it passed again in both the houses Anno 25. Eliz. 31. Mar. The Bill against popish recusants first passing from the Lords was returned with amendments which the Lords aseented to and sent downe the same againe amended by them accordingly And also a Proviso annexed thereto to bee passed if the house should thinke good which was yeelded to and the Proviso being thrice read was with the Bill passed accordingly 6. Apr. This is a very remarkeable president that a Proviso should be added by them who first passed the Bill and not to have any reference to any alteration or amendment inserted by direction from the other house When amendments are desired by the Lords to a Bill past from the lower house and thrice read the question ought to bee whether the house wil be pleased to admit of those amendments and that being yeelded unto the Bill it selfe ought not againe to be put to the question If it be resolved to allow the amendments the alterations are usually made by the Clarkes servants sitting without the Parliament doore according to the direction in paper annexed to the Bill and the Clarke is trusted with the examination thereof In the fourth session of the first parliament of king James it was conceived by some of the commens house that by reason that Bills which are passed in both houses and oftentimes razed in either house and no mention made anywhere of such razures lawfully made that it might give occasions to persons ill disposed to make razures in Bills past much to the prejudice of the Common wealth it was therefore moved that the L. Chancellor for the upper house who supplies the place of Speaker there and the Speaker in the house of Commons should subscribe their hands to every Bill so razed and that mention should bee made upon the Bill of all the razures therein but this motion was not further prosecuted Sect. 7. Touching the sending of Bills from one house to the other WHEN the Speaker hath in his hands a convenient number of Bills ready passed as five or six or thereabouts hee then putteth the house in minde of sending them up to the Lords and desireth the house to appoint messengers who accordingly do appoint some one principall member of the house for that purpose to whom the Bils are delivered in such order as he ought to present them to the Lords which is done by direction of the Speaker except the house bee pleased to give speciall direction therein The order which hath usually beene observed in ranking of them is first to place them that came originally from the Lords Secondly those that being sent up unto the Lords from the Commons house were sent backe to be amended Thirdly publique Bills originally comming from the Commons house and they to bee marshalled according to their degrees in consequence Lastly are to be placed private Bills in such order as the Speaker pleaseth Many times the house with a purpose specially to grace some one Bill sendeth it alone sometimes with a speciall recommendation thereof The messenger for this purpose is usually attended by thirty or forty of the house as they please and are affected to the businesse In the Parliament Anno 31. Eliz. Mar. A private Bill for the releefe of one Thomas Haselridge being passed the Commons house was sent up only with four or 5. messengers to which the Lords taking exceptions returned the Bill saying they had cause to doubt that it passed not with a generall consent of the house because it passed not graced with a greater number and left it to the consideration of the house to send it backe in such sort as was fit The principall messenger which delivereth the Bills to the Lords comming in the first ranke of his company to the Barre of the Lords house with three congees telleth the Lords that the Knights Citizens and Burgesses of the Commons house have sent unto their Lordships certain Bills and then reading the title of every Bill as it heth in order so delivereth the same in an humble manner unto the Lord Chancellor who of purpose commeth to the Bat to receive them Bills sent from the Lords to the Commons house if they be ordinary Bills are sent down by Sergents at Law or by two Doctors of the civill Law being Masters of the Chancery and being attendants in the upper house accompanied sometimes with the Clarke of the Crowne an attendant there Bills of greater moment are usually sent down by some of the Judges assistants there accompanied with some of the Masters of the Chancery who being admitted entrance doe come up close to the table where the Clarke sitteth making three congies and there acquainting the Speaker that the Lords have sent unto the house certaine Bills doth read the Titles and delivereth the Bills to the Speaker and so againe departeth with three congies when they are out of the house the Speaker holdeth the Bills in his hands and acquainteth the house that the Lords by their Messengers have sent to the house certaine Bills and then reading the Title of every Bill delivereth them to the Clarke to be safely kept and to bee read when they shall be called for Bills originally preferred to the Lords house have such proceeding in that house in all points as Bills preferred to the Commons house have there only when any question is made in the Lords house the triall thereof is by saying content or not content and if that be doubtfull then by telling the Poles without dividing the house Sect. 8. Touching the Royall Assent VVHEN Bills are thus
passed by both the houses upon three severall readings in either house they ought for their last approbation that so like to silver they may be seven times purified to have the Royall Assent which is usually deferred till the last day of the Session But it may bee given at any time during the Parliament touching which it hath been much doubted and oftentimes debated whether the Royall Assent given to any one Bill doth not ipso facto conclude that present Session which question is of great consequence for if thereby the Session be at an end then ought every other Bill not having the Royall Assent though it hath passed both the houses to bee againe read three times in either house and to have the same proceedings as at first as if nothing had beene formerly done therein so must it bee of all other Acts of the house But in the last Session of the first Parliament of King James the house being then desirous to have a Bill to bee forthwith passed declared that the Royall Assent to one Bill or more did not dissolve the Session without some speciall declaration of his Majesties pleasure to that purpose 8. April 1604. in the Journall So likewise it appeareth by the Iournall 1. 2. Phil. M. 21. November that the King and Queene came of purpose into the Parliament house to give their Assent to Cardinall Pooles Bill And upon question made it was then resolved by the whole house that the Session was not thereby concluded but that they might proceed in their businesse notwithstanding the Royall Assent given but for more security it is usuall to insert a Proviso to that purpose At the giving the Royall assent it is not requisite that the King be present in person for by expresse words of the Stat. of 33 of Hen. 8 Ca. 21 The Kings Royall assent by his letters pattents under the great Scale signed by his hand and declared and notified in his absence to the Lords Spirituall Temporall and to the Commons assembled in the higher house is and ever was of as good strength and force as though the person of the King had beene there personally present and had assented openly and publiquely to the same According to which Statute the Royall Assent was given by commission Anno 38. Hen. 8. unto the Bill for the Attainder of the Duke of Norfolke and very oftentimes since The Royall Assent is given in this sort After some solemnities ended of which mention shall be made in the Chapter which treateth of the conclusion of the Parliament the Clarke of the Crown readeth the Title of the Bills in such order as they are in consequence after the Title of every Bill is read The Clarke of the Parliament pronounceth the Royall Assent according to certaine instructions given him from his Majesty in that behalfe If it bee a publique Bill to which the King assenteth the answer is Le Roy leveult If a private Bill allowed by the King the answer is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se avisera To the Subsidie Bill Le Roy remercy ses Loaulx Subjectes accept lout benevolence et auxy le veult To the generall pardon Les Prelates Seigneurs et Comons en cest Parliament assembles au nom de touts vous auters subjecte temoreient treshumblement vostre Majesty et prient dieu vous doner en sante bone vie et longe And thus much concerning passing of Bills according to the moderne practice In ancient times the practice was much differing as elsewhere shall bee declared but that ancient order as it was nothing so curious as this so was it not so safe for the Subject as by comparing both together will easily appeare A report of divers memorable passages between hath Houses in the Parliament 18. Eliz. concerning the adding of a proviso by the Commons unto a Bill sent to the Lords ingrosed signed by the Queen and passed by the Lords for the restitution in blood of a certaine Lord and sent down by Lords to the house of Commons A Noble Lord whose Father was attainted of murther and thereby his bloud corrupted made suite to the Queene to bee restored in bloud by Parliament which shee inclined unto and in declaration of her good liking thereof signed his Bill ingrosed which passed the Lords house and was sent downe to the Commons The Bill upon the second reading by some was impugned through mistake of the person and by some others for that there wanted a Proviso for purchasors from his Father and other Ancestors To the first it was answered that seeing her Majesty had signed the Bill no doubt she was satisfied touching the person and hee being a yong Noble man there was great hope of him To the second that if the saving which was already in the Bill were not sufficient there might be other provision The Bill was committed and the Committees thought to adde a Proviso to barre the Lord that he should not take advantage of any errors in any fine or other conveiance by his Father or Ancestors but should bee in that case as though his bloud were not restored in which state hee can bring no writ of error The occasion of which Proviso grew chiefely for that the Lords had within few daies before in this Session dashed a Bill that passed in the Commons house for the helping of such errors whereupon they thought it dangerous to give that scope to any man that should be restored in bloud and therefore they added such a Proviso both in this Bill and other Bills of the like kind The said Lord endeavoured by his councell to satisfie the Committee that the saving in the Bill was sufficient without a new Proviso but they being not satisfied therewith he procured a message from the Lords to the Commons that the Bill might passe in such sort as was signed by the Queene without any addition which they thought could not bee made without the consent of her Majesty which message was sent after the Committees had agreed upon the Proviso and reported the same to the house The Commons tooke this manner of dealing to be very strange not having heretofore received any such message from the Lords tending to prescribe them what they should do in the actions of that Councell and notwithstanding that message intended to proceed as they had begun The next day the Lord procured another message from the Lords desiring a meeting and conference with the Commons about it which message the Commons conceiving it to be strange to be in this manner pressed they gave the Bill a third reading and the new Proviso as the course is so sent up the Bill to the Lords with the Proviso annexed with one other Bill Herewith the Lords were greatly moved and the same afternoone sent a message to the Commons house by Mr. Justice Munson and Sergeant Barham that some
of them should come to speake with certaine of the Lords in such matters as they had to say to them to the Commons house according to which message certaine of the Commons house were appointed and did give attendance on the morrow morning between 8. and nine of the clocke in the painted chamber sending in word by the Usher of their being there The Lords after a great pause at last came fotrh into the painted chamber the number of them were many and the persons of the principall Noblemen of that house after they had taken their places at a long table and used some conference amongst themselves they called for those of the Commons house to whom the Lord Treasurer in the name of all the rest present and absent said in effect That the Lords of the upper house could not but greatly mislike the dealing of the Commons house in their passage of that Bill especially for that they had passed the Bill with a Proviso annexed notwithstanding their sundry messages sent to them in his favour and lastly one message to have conference with them for resolution of such doubts as were moved wherein they tooke themselves greatly touched in honour and thought that the Commons house did not use that reverence towards them as they ought to doe The cause besides hee said was such as they saw no reason why the Commons house should proceed in that order for the Bill being signed by her Majesty hee said none might presume to alter or adde any thing to it without the assent of her Majesty which they for their parts durst not to doe for proofe whereof he shewed the Committees sundry provisoes in King H. 8 time annexed to the like Bill signed by the King inferring thereby that none might passe otherwise moreover he said that by the opinion of the Judges which were in the upper house the saving which was in the Bill was so sufficient as there needed no addition of such Proviso as the Commons house have annexed and therefore required them to know what reasons did lead them to proceed in this order This and some other large speeches being uttered to this end the Committees answered that their commission was onely to heare whit their Lordshippes would say they would returne and make report to the House and so attend upon them againe with answer When this was reported to the Commons house it moved them all greatly and gave occasion of many arguments and speeches all' generally misliking that kind of dealing with them and thinking their liberty much trenched on in three points One that they might not alter or adde to any Bill signed by the Queene Another that any conference should be looked for the Bill remaining with them except themselves saw cause to desire it And the third to yeeld a reason why they paffed the Bill in that sort After all these things were sufficiently debated an answer was agreed upon to bee returned to the Lords by the same Committees and they gave their attendance upon the same Lords in the same place to whom was said in effect by one of the Committees and by the consent of the rest That they had delivered to the Commons house the sense of that which their Lordships had said unto them which as they had conceived did stand upon two parts One on the manner of their proceeding in this case And the other on the matter wherein they had proceeded To both which they had commission from the house to make unto their Lordships this answer First That they were very sory that their Lordships had conceived such an opinion of the house as though they had forgotten their duty to them praying their Lordships to thinke that the Commons house did not want consideration of the Superiority of their honorable estate in respect of their honorable calling which they did acknowledge with all humblenesse protesting that they would yeeld unto their Lordships all dutifull respects so far as the same was not prejudiciall to the liberties of their house which it behooveth them to leave to their posterities in the same freedome they have received them And touching the particular case the manner of their proceedings as they thinke hath not bin any waits undutifull or unseemly For the Bill being sent from their Lordships to the Commons house received there within little space two readings and because upon the second reading some objections were made to let the course of the Bill the house thought fit to commit it which doth shew that they had no disposition to overthrow the Bill but to further it both in respect of her Majesties signature and that it came passed from their Lordships and whether the Lord whom it concerned had cause or not to thinke himselfe favourably used in being heard by the Comittees with his learned council they referred to their Lordships judgements That after the Committees report of their doings the house gave the Bill a third reading and so passed the same in such sort as now their Lordships heare it notwithstanding their sundry messages to the contrary And lastly notwithstanding their message of conference They said they could not otherwise have done without breach of their liberties for they tooke the order of Parliament to bee that when a Bill is passed in either house that house wherein the Bill remaineth may desire conference with the house that passed the Bill if they thinke good but not otherwis e and this Bill passing from the Lords to the Commons house they might desire conference but not their Lordships the Bill passing from themselves And thus much for the manner of their proceedings touching the matter wherein they have proceeded in that they annexed a proviso to this Bill the same being signed with her Majesties hand they thought they might lawfully do it without offence to her Majesty taking her signature to be only a recommendation of the cause to both the houses without which they could not treate of any Bill of that nature the house not being thereby concluded but that they might alter or adde any thing that should be thought meet either for her Majesty or the subject which proviso they have delivered upon good consideration not hastily and inconsiderately but upon great and sufficient reasons moving them praying their Lordship so to conceive it Neverthelesse to declare the reasons in particular to their Lordships as they were required on that part the house desired their Lordships to beare with them for that were to yeeld an account of their doings of things passed in their house which they could not in any wise agree unto being so prejudiciall to their liberties This speech finished the committees were willed by the Lords to returne unto the nether end of the Chamber and after some pause and consultation amongst the Lords they called againe the Committees and to them was said by the Lord Treasurer that the Lords had considered the answer that the Committees had brought to them from the Commons