FINIS THE PASSING OF BILLS CHAP. I. Sect. I. By whom Bills are drawne and presented to the Parliament PUblique Bills are usually drawne by such of the House with the advice of Lawyers as of themselves are earnestly inclined to the effecting of some publique good which requireth the assistance of some new Law which being faire written in paper with wide lines they are either by some member of the house publiquely presented to the Speaker in the house with some short speech setting forth the needfulnesse of a Law in that behalfe or are delivered in private to the Speaker or the Clarke of the Parliament to bee presented to the house at some time convenient And it is in the choice of the party to preferre his Bill First into the Lords house or the house of Commons which he list and as he shall thinke it may most advantage his cause Many times upon the motion of some one of the house wishing a Law were made for provision to bee had in such a case a Committee is purposely appointed by the house to draw a Bill to that effect which being done one of them presenteth it to the Speaker This is usuall in cases of great moment and difficulty The Bill for Subsidies is usually drawn by some of the Kings Councell after the substance thereof for the number of Subsidies fifteenes to be granted and the times of payment is first agreed in the house The preamble thereof containeth the causes of the grant which is usually drawne by some principall member of the house being a selected committees for that purpose Bills for the Revivall Repeal or continuance of Statutes are usually drawn by Lawyers being members of the house appointed thereunto by the house upon some motion to that purpose made which is usuall at the beginning of every Parliament Private Bills are usually drawn by Councellors at Law not being of the house and sometimes by those of the house and that for their fees which howsoever it hath beene held by some to be lawfull yet it cannot be but very inconvenient seeing they are afterwards to bee Judges in the same cause A Bill hath beene sent to the Speaker signed by the hand of Queene Elizabeth with speciall commandment to be expedited but that is a rare case and very extraordinary yet such was her Majesties favour to Sir Thomas Perrot in a Bill for his restitution in bloud as it appeareth by the Clerkes Iournall 35. Elizabeth 26. Martii Such Bills as being first passed in one house are sent unto the other are alwaies sent in parchment fairely ingrossed Thus much touching the first drawing and presenting of Bills to the Parliament Sect. 2. Orders to be observed in preferring of Bills to be read PUblique Bills are in due course to be preferred in reading and passing before private and of publique such as concerne the service of God and good of the Church Secondly such as concerne the Common-wealth in which are included such as touch the person revenue or houshold of the King Queene or Prince and they ought specially to be preferred in passing Lastly private Bills should bee offered to be read and passed in such order as they were preferred There have beene oftentimes orders in the house that after nine of the clocke when usually the house groweth to bee full they should not bee troubled with the reading of any private Bill And towards the end of the Parliament when there remaineth many Bills in the house undispatched there hath beene a speciall Committee appointed to take a survey of them and to Marshall them by their titles in such order as they should thinke fit they should bee preferred to their passage having respect to the importance of the matter which they concerne It hath at sometimes beene ordered that every one that preferreth a private Bill should pay five pound to the poore which was done 43. Eliz. towards the end of the Parliament when they were troubled with much businesse but it holdeth not in other Parliaments In the Treatise de modo tenend. Parliamet which I have seene exemplified under the great Seal of Ireland in the sixt of Henry the fourth testifying the same to have beene sent into Ireland by Henry the second for a forme of holding Parliaments in that Kingdome of which I have a copy there is touching the order of preferring of Bills this clause found Petitiones suntaffilate sicut deliberantur sic per or dinem leguntur respondiantur sed prime determinentur quae ad guerram perti nent postea de persona Regis Regine puris suis ac gubernationem corum postea de communibus negotiis terrae sicut est de legibus faciend emendend viz. originalibus judicialibus executoriis post judicium reddit post singulares petitiones secundum quod sunt super filariis But the Speaker is not precisely bound to any of these rules for the prefering of Bills to bee read or passed but is left to his owne good discretion except he shall bee especially directed by the house to the contrary and howsoever hee bee earnestly pressed by the house for the reading of some one Bill yet if he have not had convenient time to read the same over and to make a breviat thereof for his memory the Speaker doth claime a priviledge to deferre the reading thereof to some other time And thus much touching the order of preferring of Bills to be read or passed Now followeth touching the reading or passing of them Sect. 3. Touching the first reading of Bills THE Clarke being usually directed by the Speaker but sometimes by the house what Bill to read with aloud and distinct voice first resâ—…eth the title of the Bill and then after a little pause the Bill it selfe which done kissing his hand hee delivereth the same to the Speaker who standeth up uncovered whereas otherwise hee sitteth with his hat on and holding the Bill in his hand saith this Bill is thus intitn'ed and then readeth the title which done he openeth to the house the substance of the Bill which hee doth either trusting to his memory or using the helpe or altogether the reading of his Breviat which is filed to the Bill sometimes reading the Bill it selfe especially upon the passage of a Bill when it hath beene much altered by the Committees so that thereby it differeth very much from the Breviat Tertia Sessione 1. Parliament Iac Reg. It was ordered that the committees which amended the Bill should likewise amend the Breviat in the principall matters for the case and direction of the Speaker When hee hath thus opened the effect of the Bill he declareth to the house that it is the first reading of the Bill and delivereth the same againe to the Clarke The Bill containing the Kings generall pardon hath but one reading in the Lords house and one below The reason is because the subject must take it as the King will give it
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
made choice of Mr. Iohn Darwood in his place and yet hee came up with the Commons to the Lords house and praied to bee discharged by reason of this infirmity declaring whom the Commons had made choice of and praied hee might bee accepted which was granted and hee made the like protestation as Sir Iohn Cheyney had done which was that hee might have liberty to amend any mistaking in that which hee should deliver from the Commons and made none of the other requests now usuall lohn Dorwood Esq 1. H. 4 He made no excuse for ought appeareth Sir Arnold Savage 2. H. 4 The first time appearing upon any Record that the Commons were required by the King to choose a Speaker but afterward it is still continued onely omitted 16. of Henry the fourth Sir Henry de Redeford 4. H. 4 Sir Arnold Savage 5. H. 4 After he had made the ordinary protestation concerning his owns mistakings he further desired the King in the names of the Commons that they might freely make complaint of any thing amisse in the government and that the King by the sinister information of any person would not take offensively that which they should complaine of in that behalfe which petition was yeelded unto by the King 5. H. 5.11.8 Sir VVilliam Sturmy 6. H. 4 Sir Iohn Cheyney 6. H. 4 Parliamentum indoctorum so called because in the writ of summons there was a clause no Lawyer should be chosen Sir Iohn Tibtoft 7. H. 4 He desired to bee discharged because of his youth but he was neverthelesse allowed of but having forgotten to make the usuall protestations upon the day of his allowance hee came up the next day and made it and added further which never any Speaker did before or since that if any writing were delivered by the Commons this Parliament and they should desire to have it againe to amend any thing therein it might bee restored to them which was granted R. Pav 7. H. 4 n. 6. he was the sonne of Iohn Lord Tiptoft and in the tenth yeare of Henry the fourth was made Lord Treasuret of England and created Earle of Worcester by H. 6. while he was Speaker hee signed and sealed the Deed of the intailing of Crowne 7. H. 4. with these words Nomine totius Commutatis Thomas Chauser Esq 9. H. 4 Thomas Chauser Esq 10. H. 4 Thomas Chauser Esq 13. H. 4 VVilliam Stourton Esq 1. H. 5 This Speaker Without the assent of his companions did agree before the King to deliver in Parliament certaine Articles but about three daies following the Commons finding themselves agreeved therewith sent unto the Lords the King being then present Mr. Iohn Dorewood and divers of the Commons with him declared to the King that their Speaker had no authority from them to yeeld thereunto therefore they desired to be excused therein which the King was pleased to accept about two months after the Commons comming before the King did present for their Speaker the same Mr. Iohn Dorwood because their old Speaker being sicke in his bed was not able to execute the place whom the King allowed of Iohn Doreward Esq 1. H. 5 Thomas Chaucer Esq 3. H. 5 VValter Hungerford Esq 2. H. 5 Richard Redman Esq 3. H. 5 Sir VValter Beauchamp 3. H. 5 Roger Flower Esq 4. H. 5 Roger Flower Esq 5. H. 5 Roger Flower Esq 7. H. 5 Richard Baynard 9. H. 5 Roger Flower Esq. 1 H. 6 Iohn Russell Esq 2. H. 6 Sir Thomas VVauton 3. H. 6 Richard Vernon Esq 4. H. 6 Iohn Tirell Esq 6. H. 6 VVilliam Allington Esq 8. H. 6 Iohn Tirell Esq 9. H. 6 Iohn Russell Esq 10. H. 6 Roger Hurst Esq 11. H. 6 Iohn Bowes Esq 14. H. 6 Sir Iohn Tirrell 15. H. 6 Sir Iohn Tirrell 17. H. 6 The King taking notice of the sicknesse of the Speaker and that by reason there of hee could not intend the affaires of the Parliament commanded the Commons to make choice of a new Speaker who accordingly did make choice of one Mr. William Boerly and did by one Iohn Hody Knight of a Sheere informe the King thereof who there upon was allowed of by the King without any more ceremony VVilliam Boerly Esq 17. H. 6. Willam Tressam Esq 18. H. 6 William Burley Esq 23. H. 6 William Tressam Esq 25. H. 6 Iohn Day Esq 27. H. 6 Sir Iohn Popham 28. H. 6 This excuse by reason of his age and impotency by his service in the warre was allowed of by the King and the same day the Commons presented M. William Tresham for their Speaker and he was allowed VVilliam Tresham Esq 28. H. 6 Hee made no excuse at all for ought appearing on the Record Sir William Oldham 29. H. 6 He made no excuse Thomas Thorpe Esq 21. H. 6 Thomas Thorpe Esq 31. H. 6 He was arested in execution at the suite of the Duke of Yorke betweene two Sessions of Parliament wherein the opinions of the Judges being demanded by the Lords the Judges answered it belonged not unto them to judge of the liberties of Parliament whereupon without them it was adjudged that hee was not to have priviledge which was signified to the Commons by some of the Lords and the Kings pleasure for present choosing of a new Speaker was declared unto them whereupon they forth with chose Sir Shomas Charlton Sir Thomas Charlton 31. H. 6 Sir Iohn VVenlock 33. H. 6 Thomas Tresham Esq 38. H. 6 Iohn Green Esq 39. H. 6 Sir Iames Ttrangwaies 1. Ed. 4 Iohn Say Esq. 7. Ed. 4 VVilliam Allington Esq 12. Ed. 4 VVilliam Allington Esq 17. Ed. 4 Iohn VVood Esq. 22. Ed. 4 VVilliam Catesbey Esq 1. R. 3 In these times the Lord Chancellor Speaker of the Lords house being for the most part a Bishop tooke a text out of Scripture or some other Theame and grounded his Oration thereupon therein declaring the cause of the Summons of the Parliament and in conclusion thereof as the use now is declared to the house of Commons the Kings pleasure that they should repaire to their house and make choice of a Speaker not naming any day when they should present him as is now used and when the Commons had chosen their Speaker they sent up some of their house to the Lords to desire them to intimate to the King that they had made choice of a Speaker not naming whom and to move the King to appoint a time when they should present him and commonly the King having beene formerly spoken unto the day agreed upon by the King was declared unto them at the day appointed the Commons presented their Speaker who prayed that hee might bee excused but his excuse not being admitted hee maketh the common protestation touching his owne mistakings without any petitions in the behalfe of the Commons as is now usuall Thomas Lovell Esq 1. H. 7 After Knighted and made of the privy Councell to King Henry the 7. and H. 8. Iohn Mordant 3. H. 7 Sir Thomas Fitz
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