Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	bill_n	house_n	pass_v	12,480	5	7.4741	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

and declaring for what Town or Shire they answer then they are willed to choose an able and discreet man to be as it were the Mouth of them all and to speak for and in the name of them and to present him so chosen by them to the Prince which done they coming all with him to a Barr which is at the nether end of the upper House there he first praiseth the Prince then maketh his excuse of Inability and prayeth the Prince that he would command the Commons to choose another The Chancellour in the Prince's name doth so much declare him able as he did declare himself unable and thanketh the Commons for chusing so Wise Discreet and Eloquent a man and willeth them to go and consult of Laws for the Common-wealth Then the Speaker maketh certain Requests to the Prince in the Commons Name First that his Majesty would be content that they may use and enjoy all their Liberties and Priviledges that the Commons House was wont to enjoy Secondly That they may frankly and freely say their minds in disputing of such Matters as may come in question and that without offence to His Majesty Thirdly If any should chance of that Lower House to offend or not to do or say as should become him or if any should offend any of them being called to that his Highness Court that they themselves might according to the ancient custom have the punishment of them Fourthly That if there come any doubt whereupon they shall desire to have the Advice of or Conference with his Majesty or with any of the Lords they might do it All which he promiseth in the Commons names that they shall not abuse but have such regard as most faithful true and loving Subjects ought to have to their Prince The Chancellour answereth in the Prince's name as appertaineth And this is all that is done for one day and sometime for two Besides the Chancellour there is one in the upper House who is called Clerk of the Parliament who readeth the Bills For all that cometh in consultation either in the upper House or in the nether House is put in writing first in Paper which being once read he that will riseth up and speaketh for it or against it and so one after another so long as they shall think good That done they go to another and so another Bill After it hath been once or twice read and doth appear that it is somewhat liked as reasonable with such amendment in Words and peradventure some Sentences as by disputation seemeth to be amended in the upper House the Chancellour asketh if they will have it ingross'd that is to say put into Parchment which done and read the third time and that eft-soons if any be disposed to object or dispute again among them the Chancellour asketh if they will go to the question and if they agree to go to the question then he saith Here is such a Law or Act concerning such a matter which hath been thrice read here in this House are ye content that it be enacted or no If the Not-contents be most then the Bill is dashed that is to say the Law is annihilated and goeth no farther If the Contents be the most then the Clerk writeth underneath Soit baile aux commons And so when they see time they send such Bills as they have approved by two or three of those which do sit on the Wool-sacks to the Commons who asking Licence and coming into the House with due reverence saith to the Speaker Master Speaker my Lords of the upper House have passed among them and think good that there should be enacted by Parliament such an Act and such an Act and so readeth the Titles of that Act or Acts. They pray you to consider of them and shew them your advice which done they go their way They being gon and the door again shut the Speaker rehearseth to the House what they said And if they be not busie disputing at that time another Bill he asketh them straightway if they will have that Bill or if there be more one of them In like manner in the lower House the Speaker sitting in a Seat or Chair for that purpose somewhat higher that he may see and be seen of them all hath before him in a lower Seat his Clerk who readeth such Bills as be first propounded in the lower House or be sent down from the Lords For in that point each House hath equal Authority to propound what they think meet either for the abrogating of some Law made before or for making of a new All Bills be thrice in three divers days read and disputed upon before they come to the question In the disputing is a marvellous good order used in the lower House He that standeth up bare-headed is to be understood that he will speak to the Bill If more stand up who that is first judged to arise is first heard though the one do praise the Law the other disswade it yet there is no passionate reasonings For every man speaketh as to the Speaker not as one to another for that is against the Order of the House It is also taken against the Order to name him whom ye do confute but by cir●umlocution as he that speaketh with the Bill or he that spake against the Bill and gave this and this reason And so with perpetual Oration not with intrenching discourse he goeth through till he have made an end He that once hath spoken in a Bill though he be confuted straight that day may not reply no though he would change his Opinion So that to one Bill in one day one may not in that House speak twice or else one or two with cross disputation would spend all the time The next day he may but then also but once No reviling or nipping words must be used For then all the House will cry it is against the Order and if any speak unreverently or seditiously against the Prince or the Privy-Council I have seen them not only interrupted but it hath been moved after to the House and they have sent them to the Tower So that in such a multitude and in such diversity of Minds and Opinions there is the greatest Modesty and Temperance of Speech that can be used Nevertheless with very mild and gentle Terms they make their reasons as violent and as vehement the one against the other as they may ordinarily except it be for urgent causes and hasting of time At the afternoon they keep no Parliament The Speaker hath no voice in the House no● they will not suffer him to speak in any Bill to move or disswade it But when any Bill is read the Speakers Office is a● briefly and as plainly as he may to declare the Effect thereof to the House I● the Commons do assent to such Bills as be sent to them first agreed upon from the Lords thus subscribed Les Communs ont assentus so if the Lords do agree to such

damages to be taxed by the discretion of the Justices of the same Bench or by Inquest if it be needful and make Fine and Ransom at the King's will and if he come and be found Guilty by Inquest by examination or otherwise of such Affray or Assault then he shall pay to the Party so grieved his double damages found by the Inquest or to be taxed by the discretion of the said Justices and make fine and ransome at the King's will as above is said 11 H. 6. c. 11. Vide the Act made for the assurance of Lands to John Hind Serjeant at Law and his Heirs paying annually ten pounds towards the maintenance and wages of Knights of Parliament for the County of Cambridge for ever 34 35 H. 8. c. 24. Note by Kirby Clerk of the Rolls of Parliament that the custom or usage of Parliament is that if a Bill come first to the Commons and they pass it then the Use is to indorse it in such manner Soit baile a Seigniores and upon that if neither the Lords nor the King do alter it then it shall be delivered to the Clerk of the Parliament to be enrolled without indorsing it and if it be a general Bill it shall be inrolled but not if it be a private Bill but it shall be put on the File and that is sufficient but if the party will sue to have it inroll'd then it may be inroll'd for sureties sake 33 H. 6. 17. If the Lords will alter a Bill in that which may stand with the Bill they may so do without remanding to the Commons as if the Commons grant Poundage for four years and the Lords will grant it but for two years this Bill shall not be carried back again to the Commons But if the Commons grant it but for two years and the Lords will grant for four years there the Bill shall be delivered to the Commons and in this case the Lords ought to make a Schedule of their Intention or indorse the Bill in this manner The Lords have assented for the term of four years And when the Commons have the Bill again and they will not assent to it this can be no Act. But if the Commons will assent then they indorse their Answer upon the Margent of the Bill beneath in such form The Commons have assented to the Schedule of the Lords annex'd to the same Bill and then it is delivered to the Clerk of Parliament ut supra 33 H. 6. 17. If a Bill be first delivered to the Lords and they pass it they use not to make any Indorsement but send the Bill to the Commons and if it pass them the use is to indorse it thus Les Commons sont Assentants and this proves that it passed the Lords before And therefore if J. S. be attainted of Trespass by Parliament and the Commons assent that if he does not come in by such a day he shall forfeit such a Sum and the Lords give him a longer day and the Bill is not sent back to the Commons again this is no Act for that the Bill was not delivered back to the Commons after the inlargement of the day given by the Lords 33 H. 6.17 Every Bill that passes the Parliament shall have relation to the first day of Parliament although it come in at the end of the Parliament and it is not the custom to make any mention what day the Bill was delivered in to the Parliament per Faukes Clerk of the Parliament 33 H. 6. 17. unless a time be specially appointed by the Statute when it shall Commence Com. 79. If the Parliament begin before Pentecost and continue after Pentecost and the Commons agree to a Bill after Pentecost and give a day at Pentecost next and the Lords do so too Now for that a Bill shall have relation to the first day of Parliament if it be not ordered otherwise it shall be taken for this Pentecost which is passed at this Sessions whereas the intent of the Lords and Commons was that it should be Pentecost after this Petition named in the Bill Parliament B. 4. Altho the Lords and Commons agree to a Bill yet it is no Act till the King has given his Royal Assent to it in proper Person or under his great Seal and if the King Assent then is written upon the Bill Le Roy veult And if the King will not Assent then it is indorsed Le Roy advisera 33 H. 6. 17. 33 H. 8. c. 21. Every Knight Burgess Baron of the Cinque Ports or other call'd to Parliament shall have priviledge of Parliament during the Parliament or Session of Parliament so that he that arrests any of them during that time shall be imprisoned in the Tower by the Lower House of which he is and shall be put to a Fine and the Keeper also if he will not deliver him so arrested when the Serjeant at Arms comes for him by the command of the House of which he is Dier 60. Note in the Lower House when a Bill is read the Speaker does open the parts of the Bill so that each Member of the House may understand the intention of each part of the Bill and the like is done by the Lord Chancellour in the Upper House then when it is read the second time sometimes it is ingrossed without any Commitment but then the Speaker makes question of it in this manner The question is Whether this Bill shall be ingrossed or not As many as would have the Bill ingrossed shall say Yea and as many as would not say No. But in the Upper House of Parliament when such question is made about Ingrossing if there be no Contradiction the Lords do not deliver their Assent in saying Content or their Dissent in saying Not Content for husbanding the time But if there be any Contradiction it is tried Seriatim by Content or Not Content but neither in the Upper or Lower House the Lord Chancellour or Speaker shall not repeat a Bill or an Amendment but once Ibidem When a Bill is committed to the second reading then if the Committees amend it in any point then they shall write down their amendment in a Paper and shall direct to a Line and between what words the Amendment shall be put in or what words shall be interlined and then all shall be ingrossed in a Bill Ibid. And if a Bill pass in the Commons House and the Lords amend the Bill when it is sent to the Upper House they do as before shew the Line and between what words and after the Amendments are ingrossed with particular References and the Bill with the Amendments are sent again to the House of Commons where they affirm them The amendments are read three times and then they insert them in the body of the Bill and so ê Converso of a Bill which passeth first in the Upper House But Note that in one of these Cases the intire Bill shall not be read again in the

House wherein they first pass but the amendments only for no Bill shall be read above three times Ibidem No Lord ought to speak to the Bill twice in one day Also no Knight Citizen or Burgess ought to speak above once to one Bill in one day unless sometimes by way of Explication No private Bill ought to be read before the publick Bills unless the one House or the other do require it Coke lib. 13. Note in the House of Commons those that are for the new Bill if there be a question of Voices shall go out of the House and those who are against the Bill and for the Common Law or any former Law shall sit still in the House for they are in possession of the old Law the other of the other to number the Voices Coke lib. 13. In both Houses he which first stands up to speak he shall first speak without any difference of Persons Ibid. When a Bill is ingrossed at the third reading it may be amended in the same House in any matter of Substance à fortiori the Errour of the Clerk in the Ingrossing may be amended Note The Priviledge Order or Custom of Parliament either of the Upper House or of the House of Commons belongs to the Determination or Decision only of the Court of Parliament And this appeareth by two notable Precedents The one at a Parliament holden the twenty seventh Year of King Henry the 6 th There was a Controversie moved in the Upper House between the Earls of Arundel and of Devon-shire for their Seats Places and Preheminencies of the same to be had in the King's Presence as well in the High Court of Parliament as in his Counsels and else-where The King by the advice of the Lords Spiritual and Temporal committed the same to certain Lords of Parliament who for that they had not leisure to examine the same it pleased the King by the advice of the Lords at this Parliament in Anno 27 th of his Reign that the Judges of the Land should hear see and examine the Title c. and to report what they conceive herein The Judges made Report as followeth That this matter viz. of Honour and Precedency between the two Earls Lords of Parliament was a matter of Parliament and belonged to the King's Highness and the Lords Spiritual and Temporal in Parliament by them to be decided and determined yet being there so commanded they shewed what they found upon Examination and their Opinions thereupon Another Parliament in 31 H. 6. which Parliament begun the sixth of March and after it had continued some time it was prorogued untill the fourteenth of February and afterwards in Michaelmas Term Anno 31 H. 6. Thomas Thorpe the Speaker of the Commons House at the Suit of the Duke of Buckingham was condemned in the Exchequer in 1000 l. damages for a Trespass done to him The fourteenth of February the Commons moved in the Upper House That their Speaker might be set at liberty to exercise his Place The Lords referred this Case to the Judges and Fortescue and Prisot the two Chief Justices in the name of all the Judges after sad Consideration and mature Deliberation had amongst them answered and said that they ought not to answer to this Question for it hath not been used aforetime That the Justices should in any wise determine the Priviledge of this High Court of Parliament for it is so High and Mighty in its nature that it may make Laws and that that is Law it may make no Law And the determination and knowledge of that Priviledge belongeth to the Lords of the Parliament and not to the Justices But as for the proceedings in the Lower Courts in such Cases they delivered their Opinions And in 12 E. 4. 2. in Sir John Paston's Case it is holden that every Court shall determine and decide the Privileges and Customs of the same Court c. See Dier Fol. 275. One was in Execution that was a Burgess of Parliament and was let at large by a Priviledge Writ of Parliament P. 34 35 H. 8. Rot. 23. And Debt brought against the Jaylor for an escape but he says not what happened thereon See Hollinsked in his Cronicle Fol. 1584. The Case of one Ferrers set at liberty that was a Burgess of Parliament and arrested and put in Execution in London sitting the Parliament and this was Anno 34 H. 8. and was the Case of Ferrers as I believe of which Dier Fol. 275 speaks In the Lent Season whilst the Parliament yet continued one George Ferrers Gentleman Servant to the King being elect a Burgess for the Town of Plimmouth in the County of Devon in going to the Parliament-House was arrested in London by a Process out of the King's Bench at the Suit of one White for the Sum of two hundred Marks or thereabouts wherein he was late afore condemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified to Sir Thomas Moile Knight then Speaker of the Parliament and to the Knights and Burgesses there Order was taken that the Serjeant of the Parliament called S. I. should forthwith repair to the Counter in Breadstreet whither the said Ferrers was carried and there to demand delivery of the Prisoner The Serjeant as he had in charge went to the Counter and declared to the Clerks there what he had in commandment but they and other Officers of the City were so far from obeying the said Commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a Fray within the Counter-gates between the said Ferrers and the said Officers not without hurt of either part so that the said Serjeant was driven to defend himself with his Mace of Arms and had the Crown thereof broken by bearing off a stroke and his man strucken down During this Brawl the Sheriffs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this Injury and required of them the delivery of the said Burgess as afore but they bearing with their Officers made little account either of his Complaint or his Message rejecting the same contemptuously with much proud Language so as the Serjeant was forc'd to return without the Prisoner and finding the Speaker and all the Knights and Burgesses set in their places declared unto them the whole cause as it fell out who took the same in so ill part that they all together of whom there were not a few as well of the King 's Privy Council as also of his Privy Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Upper House where the whole Case was declared by the mouth of the Speaker before Sir T. Audley Knight then Lord Chancellour of England and all the Lords and Judges there assembled who judging the Contempt to be very great referred the punishment thereof to the order of the Common House They returning to their places again upon

A Catalogue of the AUTHORS and BOOKS made use of in the following Collection LIttleton Plowden Dyer Stamford Fitz-Herbert Bracton Fortescue Brook Liber Assis. Book of Entries The Year-Books Coke Lambert Yelverton Thorpe Mountague Wray L. Ch. J. Hollinshed Sir Tho. Smith Arcana Parliamentaria OR PRECEDENTS CONCERNING Elections Proceedings Privileges and Punishments in PARLIAMENT Faithfully collected out of the Common and Statute-Law of this Realm With particular Quotations of the Authors in each Case By R.C. of the Middle Temple Esq To which is added The Authority Form and Manner of Holding Parliaments By the Learned Sir Tho. Smith Doctor of Laws London Printed for M. Gilliflower at the Spread Eagle and Crown in Westminster-Hall 1685. The Authority Form and Manner of holding Parliaments THE most high and absolute Power of the Realm of England consisteth in the Parliament For as in War where the King himself 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 Commandment the Barony or 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 apart and after the Prince himself in presence of both the Parties doth consent unto and alloweth That is the Princes and whole Realms Deed whereupon justly no man can complain but must accommodate himself to find it good and obey it That which is done by this Consent is called firm stable and sanctum and is taken for Law The Parliament abrogateth old Laws maketh new giveth order for things past and for things hereafter to be followed changeth Right and Possessions of private men legitimateth Bastards establisheth Forms of Religion altereth Weights and Measures defineth of doubtful Rights whereof is no Law already made do appoint Subsidies Talies Taxes and Impositions giveth most free Pardons and Absolutions restoreth in Blood and Name as the highest Court condemneth or absolveth them whom the Prince will put to Tryal And to be short all that ever the People of Rome might do either Centuriatis Comitiis or Tributis the same may be done by the Parliament of England which representeth and hath the Power of the whole Realm both the Head and Body For every English-man is intended to be there present either in Person or by Procuration and Atturney of what Preheminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person of England And the Consent of the Parliament is taken to be every man's Consent The Judges in Parliament are the the King or Queen's Majesty the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire and Burrough Town These all or the greater part of them and that with the consent of the Prince for the time being must agree to the making of Laws The Officers in Parliament are the Speakers two Clerks the one for the Higher House the other for the Lower and Committees The Speaker is he that doth commend and prefer the Bills exhibited into the Parliament and is the Mouth of the Parliament He is commonly appointed by the King or Queen though accepted by the Assent of the House The Clerks are the Keepers of the Parliament-Rolls 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 do choose to frame the Laws upon such Bills as are agreed upon and afterward to be ratified by the same Houses The Form of holding the Parliament THE Prince sendeth forth his Writs to every Duke Marquess Baron and every other Lord Temporal or Spiritual who hath Voice in the Parliament to be at his great Counsel of Parliament such a day the space from the date of the Writ is commonly at the least forty days He sendeth also Writs to the Sheriffs of every Shire to admonish the whole Shire to choose two Knights of the Parliament in the name of the Shire to hear 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 City and Town which of ancient time hath been wont to find Burgesses of the Parliament so to make Election that they might be present there 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 assign'd for the Election the voice of any absent can be counted for none Yeomen I call here as before that may dispend at the least forty shillings of yearly Rent of free Land of his own The Writ of Parliament for the Lords JAcobus Secundus c. Charissimo consanguineo suo Edwardo Comit ' Oxon ' salutem Quia de advisamento assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium decimonono die prox ' futur ' tener ' ordinavimus ibid ' vobiscum ac cum Prelat ' Magnatibus Proceribus dict' Regni nostri colloquium habere tractare vobis sub fide ligeanciis quibus nobis tenemini firmiter injungend ' mandamus quod considerat ' dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dict' die loco personaliter intersitis nobiscum ac cum Prelatis magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque consilium impensur ' hoo sicut nos honorem nostrum ac salvationem defensionem Regni Ecclesiae praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste meipso apud Westm ' decimo die anno Regni nostri The Writ of Parliament for the Knights REx Vic' N. c. salut quia de advisamento assensu Consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' duodecimo die prox ' futur ' teneri ordinavimus ibid ' cum Prelatis Magnatibus Proceribus dicti Regni nostri colloquium habere tract Tibi praecipimus firmiter injungentes quod facta proclamac ' in prox ' comitat ' tuo post receptionem hujus brevis nostri tenend ' die loco praedict ' duos milit ' gladiis cinct ' magis idoneos discretos comit ' praedicti de

qualib ' civitate com' illius duos cives de quolibet Burgo duos Burgenses de discretior ' magis sufficientibus libere indifferenter per illos qui proclam ' hujusmodi interfuer ' juxta for mam Statutorum inde edit ' provis ' eligi nomina eorundum milit ' civium Burgensium sic electorum in quibusdam indentur ' inter te illos qui hujusmodi election ' interfuerit inde conficiend ' sive hujusmodi electi praesentes fuerint vel absentes inseri eosque ad dict' diem locum venire fac ' Ita quod iidem Milites plenam sufficientem potestatem pro se communitate comit ' praedicti ac dict' Cives Burgenses pro se et communitat ' Civitatum et Burgorum praedictorum divisim ab ipsis habeant ad faciendum et consentiendum his quae tunc ibid ' de communi consilio dicti Reg ' nostri favente Deo contigerint ordinari super negotiis ante dictis Ita quod pro defectu potestatis hujusmodi seu propter improvidam electionem milit ' Civium aut Burgensium praedictorum dicta negotia infecta non remaneant quovis modo Nolumus autem quod tu nec aliquis alius vic' dicti Reg ' nostri aliqualiter sit electus Et electionem illam in pleno comitatu factam distincte aperte sub sigillo tuo sigillis eorum qui electioni illi interfuerint nobis in Cancellar nostram ad dict' diem locum certifices indilate remittens nobis alteram partem indenturarum praedictarum praesentibus consut ' una cum hoc breve Teste meipso apud Westmonasterium decimo octavo die Anno Regni nostri The Return of the Sheriff upon this Writ VIrtute istius brevis eligi feci duos milit ' gladiis cinctos magis idoneos discretos de comitat ' meo viz. W. F. V. S. qui plenam sufficientem potestatem pro se communitate comitat ' predicti habeant ad saciendum consentiendum iis quae ad diem locum infra contentos de communi consilio regni Angliae ordinari contigerint praedicti W. F. V. S. manucapti sunt per I. P. V. B. I. D. R. N. ad essendum ad Parliamentum domini Regis apud Westmonast ad diem infra contentum ad faciendum quod hoc breve in se exigit requirit Li. Int. 595. Feci etiam praeceptum virtute hujus brevis I. B. A. S. Ballivis libertatis villae de G. in comitat ' meo quod de eodem Burgo eligi facerent duos Burgenses de discretioribus magis sufficient ' quod sint ad Parliamentum dicti domini Regis ad diem locum infra cont ' ad faciendum consentiendum ut praedictum est qui quidem Ballivi sic mihi respondent qd ' eligi fecerunt de praedicto Burgo de G. duos Burg. discretos magis sufficient ' ad essend ' ad Parliamentum praedictum viz. R. P. G. I. ad faciendum consentiendum ut supradictum est Virtute etiam istius brevis ad proximum Comitat ' meum post receptionem ejusdem tentum apud V. tali die anno in pleno comitatu illo proclamari feci omnia in isto brevi contenta secundum formam effectum hujus brevis prout hoc breve in se exigit requirit Residuum vero executionis istius brevis patet in quibusdam Indent ' huic brevi consut Li. Intr ' 595. The Indenture between the Sheriff and Burgesses HAEC Indentura facta tali die anno inter G. A. armig ' vic' comitatus N. ex una parte I. B. I. D. c. ex altera parte testatur quod secundum formam brevis huic Indent ' consut ' fact ' proclam ' in pleno comitatu meo tento apud G. tali die an praedicti I. B. I. D. alii qui Procl ' predict ' in pleno comitat ' predict ' interfuerunt secundum formam statutorum in brevi predicto specificatorum secundum exigen ' brevis illius eligerunt W. F. V. S. milites Gladiis cinctos pro comitatu predicto ad essendum ad parliamentum in eodem brevi specific ' qui plenam sufficientem potestatem pro se communitate comitatus predicti habeant ad faciendum consentiendum prout breve illud in se exigit requirit In cujus rei testimonium partes predict ' his indenturis sigilla sua alternatim apposuer ' Datum tali die an Plo. 120. G. A. armig vic' These meeting at one day the two who have the most of their voices be chosen Knights of the Shire for that Parliament likewise by the plurality of the Voices of the Citizens and Burgesses be the Burgesses elected The first day of the Parliament the Prince and all the Lords in their Robes of Parliament do meet in the higher House where after Prayers made they that be present are written and they that be absent upon sickness or some other reasonable cause which the Prince will allow do constitute under their hand and Seal some one of those who be present as their Proxy or Atturney to give Voice 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 Voice in Parliament The place where the assembly is is richly tapessed and hanged a Princely and Royal Throne as appertaineth to a King set in the midst of the higher place thereof Next under the Prince sitteth the Chancellour who is the Voyce and Oratour of the Prince On the one side of that House or Chamber sitteth the Archbishops and Bishops each in his rank on the other side the Dukes and Barons In the midst thereof upon Wool-sacks sitteth the Judges of the Realm the Master of the Rolls and the Secretaries of Estate But these that sit on the Wool-sacks have no Voyce in the House but only sit there to answer their knowledge in the Law when they be asked if any doubt arise among the Lords The Secretaries do answer of such Letters or things passed in Council whereof they have the custody or knowledge and this is called the Upper House whose Consent and Dissent is given by each man severally and by himself first for himself and then severally for so many as he hath Letters and Proxies when it cometh to the question saying only Content or not content without farther reasoning or replying In the mean time the Knights of the Shires and Burgesses of Parliament for so they are called that have Voice in Parliament and are chosen as I have said before to the number of about five hundred and ten are called by such as it pleaseth the Prince to appoint into another great House or Chamber by name to which they answer

Bills as be first agreed upon by the Commons they send them down to the Speaker thus subscribed Les Seigneurs ont assentus If they cannot agree the two Houses for every Bill from whencesoever 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 do require that certain of each house may meet together and so each part to be informed of others meaning and this is always granted After which meeting for the most part not always either part agrees to others Bills In the upper House they give their assent and dissent each man severally and by himself first for himself and then for so many as he hath Proxy When the Chancellour 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 greater number doth agree so it is agreed on or dashed In the lower House none of them that is elected either Knight or Burgess can give his Voice to another nor his consent or dissent by Proxy The major part of them that be present only maketh the consent or dissent After the Bill hath been twice read and then ingrossed and est-soons 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 the yea or no is bigger so the Bill is allowed or dashed If it be a doubt which cry is bigger they divide the House the Speaker saying as many as do allow the Bill go down with the Bill and as many as do not sit still So they divide themselves and being so divided they are numbred who made the major part and so the Bill doth pass 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 choose certain Committees of them who have spoken for 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 either 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 severally have 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 Common House cometh to the Bar and there after thanksgiving first in the Lords Name by the Chancellour c. and in the Commons Name by the Speaker to the Prince for that he hath so great care of the good 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 Chancellour in the Prince's Name giveth thanks to the Lords and Commons for their pains and travels taken which he saith the 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 Realm Then one reads the Titles of every Act which hath passed at that Session but only in this fashion 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 Royne le veult And those be taken now as perfect Laws and Ordinances of the Realm of England and none other and as soon as may be put in print except it be some private Case or Law made for the benefit or prejudice of some private man which the Romans were wont to call Privilegía These be only exemplified under the Seal of the Parliament and for the most part not printed To those which the Prince liketh not he answereth Le Roy or la Rayne sadvisera and those be accounted utterly dashed and of none effect This is the order and form of the highest and most authentical Court of England by vertue whereof all those things be established whereof I spake before and no other means accounted available to make any new forfeiture of Life Member or Lands of any English man where there was no Law ordained for it before Note Where the Parliament Writ speaks de qualibet Civitaté Comitatus illius this is intended where the City is not a County in it self c. For if it be a County of it self as London Norwich and such like then the Writ shall be directed to them c. As it is to Sheriffs of other Counties At the next County meeting to be holden after the delivery of the Parliament Writ to the Sheriff Proclamation shall be made in the full County of the day and place of the Parliament and every one shall attend for the Election of the Knights for the same County for the Parliament which Knights ought to be resident within the same County where they are chosen the day of the date of the Writ of Summons to the Parliament And they shall be chosen by People dwelling and resident within the same County whereof every one of them shall have Land or Tenement to the value of forty Shillings above all charges within the same County And such as have the greatest number of Voices of such Chusers shall be returned by the Sheriffs Knights for the same County 7 H. 4. c. 15. 1 H. c. 1. 8 H. 6. c. 7. 10 H. 6. c. 2. The Sheriff may examine every Chuser upon the Evangelists how much he may expend by the year if he be in doubt of the value 8 H. 6 c. 7. The said Election shall be made in full County between the Hour of 8 and the Hour of 9 in the Forenoon 13 H. 6. c. 15. The Knights shall be return'd into Chancery by Indenture sealed betwixt the Sheriff and the Choosers of Knights for the Parliament 8 H 6. c. 7. 7 H. 4. c. 1. ● 23 H. 6. c. 15. As it appears by the Writ abovesaid Every Sheriff that makes not a good and true Return of such Election of Knights to come to Parliament according to the Statutes of

a Writ of Ouster le main issued forth to the Escheator and the Tenant that had the Land upon a Traverse by him tendered made Rescous If he had not notice of this Restitution he shall not be punished by Fine for that Rescous and the reason may be for that it is a special Act. 43. Lib. Ass. 28. Henric ' c. Vic. Darby salutem Praecipimus tibi quod statim post receptionem praesentium in singulis locis infra Ballivas tuas tam infra Libertates quam extra ubi magis expedire videris ex parte nostra solempniter publice Proclamation ' fact ' quaedam Statuta Ordinationes per nos de Communi assensu Praelatorum Magnatum Communit Regni nostri in presenti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri praedicti editi Provisi quae in quibusdam schedulis huic brevi nostro annex ' per Latorem praesentium tibi mittimus mandantes praeterea quod immediate post Proclamationem sicut permitt per te factas omnes singul ' hujusmodi schaedulas in separat ' distinct ' et public ' locis ut subditis et Ligeis nostris plenius apparere poterit in Tabulis affigi et poni similiter fac ' et hoc sub periculo incumbente non omitti Teste c. Note That a special Bill against J. P. was put into Parliament 33 H. 6. for Ravishing of a Woman whereby it was ordained that he come before the Lords within a certain day after the Proclamation made by the Sheriff of the County of E. after Pentecost next and if he appeared not then he should be attainted and pay a certain Sum to the Woman and this Bill was exhibited to the Commons after Pentecost which was within the time of Parliament that begun 15 P. before Anno Praedict ' And the Lords gave day to J. P. to appear after Pentecost Anno 1457 which was 34 H. 6. within a day certain after the Proclamation and this Bill was not sent to the Commons as it ought to have been for that the Lords gave a longer time than the Commons gave and after J. P. did not appear according to the Proclamation whereupon he was taken and sent into the King's-Bench and there pleaded by his Counsel that the Act was not an Act for that the Lords had given a longer day ut supra and the Bill was transcribed upon a Certiorari in Chancery and by Mittimus of Chancery under the Seal there was sent to the Justices and the Writ was Rex Justitiariis suis c. Transcriptum cujusdam billae coram nobis in Cancellariam nostram in filacio c. exhibit ' authoritate ultimi Parliamenti nostri c. Confirm versus J. P. Vobis mittimus by which c. And altho it is not an Act of Parliament in Law for that the Lords gave a longer time ut supra yet the Clerk of Chancery made the Writ which was confirm'd by Parliament and it was not so in Truth And Fortescue in the Exchequer Chamber seems that it cannot be intended but that the Act is good for that the King by his Writ certified the Justices that the Bill was confirm'd by Parliament But Illingworth Chief Baron said that it shall not be taken for an Act of Parliament for the writing of a Clerk of Chancery cannot make an Act of Parliament good if it be vitious or void in it self and after Fortescue said that this is an Act of Parliament and he would be advised before he would make void an Act of Parliament and so see if a Certificat under the Seal of the Chancery of a Record there shall be contradicted Vide Com. 232. and 21 E. 3.40 that a Man shall not have an Averrment against a Certificat under the great Seal FINIS