THE MANNER HOW STATVTES Are enacted in PARLIAMENT BY Passing of Bills Collected many yeares past out of the Iournalls of the house of Commons By W. Hakewil of Lincolnes Inne Esquire Together with a Catalogue of the Speakers Names London printed by T. H. for Iohn Benson at St. Dunstans Church yard 1641. Cum Privilegio THE PREFACE HAving about thirty yeeres past the free use and perusall of all the Iournalls of the Commons house of Parliament from the first yeare of K. Edward the sixth being the most ancient that they have untill that time And being unwilling to lose the advantage of that opportunity I read them all through and whatsoever I conceived to tend to the rule of the house wherein I was the better inabled to udge in respect I had served in divers Parliaments or Sessions of Parliament before that time I reduced under apt Parliamentary Titles Amongst the rest in this Chapter of passing of Bills I was the more sedulous because it is indeed the daily and most proper worke of that house wherein I have beene carefull not to propose any thing for a rule for which I have not vouched the authority of the Iournall Those my collections I imparted many yeeres since to some of my friends which being by the length of time multiplied into very many copies one of them and I thinke the falsest written of all the rest was without my knowledge lately printed and by the negligence of the Printer the errors of the copie were much increased insomuch that it pleased the honourable house of Commons because it concerned their orders to take notice thereof and take some order therein by which I was induced to make this publication being otherwise very unwilling to have appeared in print and to have subjected my selfe to publique censure It were in my poore opinion to be wisht that the same course were taken by the house of Commons as was by the Lords in 18. Iacobi Regis who appointed a Committee for the collecting of the rules and orders of that house which being collected they caused to be fairly ingrossed in a roll of parchment which by order is alwaies read in the beginning of every Parliament and resteth in the custody of the Clarke of that house to be presently resorted unto upon all occasions where by much of their pretious time is saved which other wise perhaps would have beene spent in the debating of the Rules and Orders of their house Another excellent Order was made by their Lordships that once every weeke a Committee appointed for that purpose that should peruse and perfect the Clarkes notes and that at the end of every Session all the orders of that Session should bee ingrossed in vellam and fairely bound up which course first began in the time when my worthy friend Master Henry Elsynge that most industrious and able Gentleman was Clarke of that house and hath continued ever since whereas before that time all their Iournalls of which the most ancient are from the begining of King Henry the eight are in paper as are those of the Commons house but more fairely written If to this care of perfecting of the Iournalls of the house of Commons there were some provision made by that house for the safe preserving of them answerable to that which the Lords have whose Clarke hath a house belonging to him and his successors where all their Records are kept to posterity the Iournalls and Records of the Commons house would not as now they may come to the hands of Executors or Administrators and bee removed to and fro in hazard of being lost or corrupted and defaced as is well knowne that some of them have beene and that in passages of the greatest moment whereby the Common wealth may receive great prejudice if it be not prevented which my humble propositions I do together with this Treatise in all humility submit to the great wisdome of that honourable Assembly by whose favor this is published WIL HAKEWIL The Contents BY whom Bills are drawne and presented to the Parliament Fol. 1 Orders to be observed in preferring of Bills to be read 6 Touching the first reading of Bills 10 Touching the second reading and committing of Bills 19 Touching the third reading of Bils 33 Touching Provisoes Schedules Amendments and Amendments of Amendments 45 Touching the sending of Bills from one house to the other 68 Touching the Royall Assent 74 A report of divers memorable passages between both Houses in the Parliament 18. Eliz concerning the adding of a proviso by the Commons unto a Bill sent to the Lords ingrossed and signed by the Queene and passed by the Lords for the restitution in blood of a certaine Lord and sent downe by the Lords to the house of Commons A Catalogue of the Names of the Speakers of the Commons House of Parliament Pag. 105 PEtrus de Mountford Pag. 106 Scroope 107 Sir Peter de la Mare 107 Sir Thomas Hungerford 108 Sir Peirce de la Mare Ibid. Sir James Pickering Ibid. Sir John Goldesborough Ibid. Sir Richard Walgrave 109 Sir James Pickering Ibid. Sir John Bushey Ibid. Sir John Bushey 110 Sir John Cheney 111 John Dorewood 112 Sir Arnold Savage Ibid. Sir Henry de Redeford 113 Sir Arnold Savage Ibid. Sir William Sturney 114 Sir John Cheyney Ibid. Sir John Tibtoft Ibid. Thomas Chanser 116 William Stonrton Ibid. John Doreward 118 Thomas Chanser Ibid. Walter Huugerford Ibid. Richard Redman Ibid. Sir Walter Beauchamp Ibid. Roger Flower 119 Richard Bayuard Ibid. John Russell 120 Sir Thomasa Wuton Ibid. Richard Vernon Ibid. John Tirell Ibid. Mr. William Allington Ibid. Iohn Tirell 121 Iohn Russell Ibid. Roger Hurst Ibid. Iohn Bowes Ibid. Sir Iohn Tirell Ibid. Sir Iohn Tirell 122 William Boerly Ibid. William Tressam 123 William Burley Ibid. William Tressam Ibid. Iohn Day Ibid. Sir Iohn Popham Ibid. William Tresham 124 Sir William Oldham Ibid. Thomas Thorpe 125 Sir Thomas Charlton 126 Sir Iohn Wenlock Ibid. Thomas Tresham Ibid. Iohn Greene Ibid. Sir Iames Strangwayes 127 Iohn Say Ibid. William Allington Ibid. Iohn Wood Ibid. William Catesbey Ibid. Thomas Lovell 129 Iohn Mordant 130 Sir Thomas Fitzwilliams Ibid. Richard Empson Ibid. Sir Reginald Bray 131 Robert Drury Ibid. Thomas Inglefield Ibid. Edmond Dudley Ibid. Sir Thomas Inglefield 132 Sir Robert Sheffeild Ibid. Sir Thomas Nevill Ibid. Sir Thomas More 133 Thomas Audeley 134 Richard Rich. 135 Sir Nich. Hare Ibid. Thomas Moyle 136 Sir Iohn Baker 137 Sir Iames Dyer Ibid. Iohn Pollard 138 Clement Higham Ibid. Iohn Pollard 139 William Cordall Ibid. Sir Thomas Gargrave 140 Thomas Williams Ibid. Richard Ousloe 141 Christopher Wray Ibid. Robert Bell. 142 Iohn Popham Ibid. Mr. Serjeant Puckering 143 Mr. Serjeant Snagg Ibid. Edward Cooke 144 Mr. Serjeant Yelverton Ibid. Mr. Serjeant Crooke 145 Mr. Serjeant Phelips Ibid. Sir Randall Crew Ibid. Sir Thomas Richardson 146 Sir Thomas Crew Ibid. Sir Thomas Crew 147 Sir Heneage Finch Ibid. Sir Iohn Finch Ibid. Iohn Glanvile 148 William Lenthall Ibid.
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
without any alteration and yet many times exceptions are taken at the reading thereof for that it is not so favourable as in former times The like of the Bill of Subsidies granted by the Clergie That day that the Speaker being approved by the King commeth downe into the Commons house to take his place the custome is to read for that time only one Bills left unpast the last sessions no more to give him seisin as it were of his place 39. Eliz. 27. Octo. The usuall course is to spend the morning before the house grow full in the first readings and to defer the second or third reading till the house grow full At the first reading of the Bill it is not the course for any man to speak to it but rather to consider of it to take time til the second reading yet it is not altogether without president that a Bill hath beene spoken for and against upon the first reading which is very seldome and onely in cases where the matter of the Bill is apparently inconvenient and hurtfull to the Common-weale and so not fitting to trouble the house any longer but at the first reading no man in ordinary course should speake to any one part of the Bill or for any addition for thereby it is implied that the body of the Bill is good which till the second reading doth not regularly come to the triall If any Bill originally begunne in the Commons house upon the first reading happen to bee debated to and fro and that upon the debate the house do call for the question it ought to be not whether the Bill shall be secondly read for so it ought to bee of ordinary course but whether it shall be rejected in this sort As many as are of opinion that this Bill shall be rejected say yea As many as are of the contrary mind say no and the greatest number of voices shall carry it 43 Eliz. 17. November The Bill against unlawfull hunting 5. Sess. Iac. Reg. 25. October If a Bill comming from the Lords bee spoken against and pressed to be put to the question upon the first reading the Speaker in favour and respect thereto should not make the question for the rejection as in Bills originally begunne in the Commons house upon the first reading but should first make the question for the second reading And if that bee denied then for rejection This course was usually held by Sergeant Phillips when he was Speaker But usually when any such debate is upon the first reading of a Bill the Speaker doth forbeare to make any question at all thereupon except he be much pressed thereto for that it were fit better to consider of it before it be put to such a hazard If the question for the rejection bee made and the greater voice be to have it rejected the Clarke ought to note it rejected in his journall and so to indorse it upon the backe of the Bill and it shall bee no more read if the voice be to have the Bill retained it shall have his second reading in course It is against the ordinary course that the same Bill should be read more then once in one day yet for speciall reasons it hath beene suffered that private Bill have beene in one day read twice As in the aforesaid case of Sir Thomas Perrot though it were a private Bill so was it likewise done in the Bill for the assurance of lands given by Master Sutton for charitable uses because he was taken then extreame sick and that it was doubtfull whether hee might live while the Bill might have his passage in ordinary course And it is likewise done sometimes when the house lacketh other businesses wherein to imploy themselves especially if the Bill be of no great importance howsoever it is never but upon motion and speciall order When speciall Committees appointed for the drawing of some one speciall Bill present the same ready drawne unto the house it hath beene often seen that the same Bill hath beene not onely twice read but ordered also to bee ingrossed the same day as it was in the Bill against counterfeit seales 23. Eliz. 16. Feb. And in the Bill against disobedience to the Queene 4. Martii of the same Parliament Neither is it without president that a Bill hath beene thrice read and passed in the same day as was the Bill of recognition of his Majesties title which came from the Lords 1. Iac. Reg. Sess. 1. but this is a president that standeth alone and in that case it was resolved that the Bill might not be returned to the Lords without a copy first taken thereof by the Clarke to bee reserved in the Commons house Sect. 4. Touching the second reading and committing of Bills A Bill may bee preferred to be secondly read the next day after the first reading but the usuall course is to forbeare for two or 3. daies that men might have more time to consider upon it except the nature of the businesse be such that it requireth haste After the Bill is secondly read the Clarke as before in humble manner delivereth the same to the Speaker who againe readeth the Title and his Breviat as hee did upon the first reading which done hee declareth that it was now the second reading of the Bill and then hee ought to pause a while expecting whether any of the house will speake to it for before the Speaker hath so declared the state of the Bill no man should offer to speake to it and then and not before is the time when to speake If after a pritty distance of time no man speake against the Bill for matrer or forme he may make the question for the engrosing thereof if it be a Bill originally exhibited into the Commons house So likewise if divers speak for the Bill without taking exception to the forme thereof hee may make the same question for the ingrosing The like question for the ingrosing ought to bee made if the greater voice bee that the Bill shall not be committed for it were to no end further to delay the proceeding of the Bill if there bee no exception taken to the matter or forme thereof but upon the second reading and after the Speaker hath dilivered the state thereof the house doth usually call for the comitting of the Bill and then if any man will speake against it either for matter or forme he ought to be heard After the first man hath spoken the Speaker ought to rest a while expecting whether any other man will speake thereto so ought he likewise to doe after every speech ended when he perceiveth that the debate is at an end hee ought then to make the question for the committing thereof in this sort As many as are of opinion that this Bill shall bee committed say yea And after the affirmative voice given as many as are of the contrary opinion say no And hee ought by his eare to judge which of the voices is greatest if
that be doubtfull the house ought to bee divided touching the manner whereof there shall bee more said in another place If upon division of the house it appeares that the numbers are equall the Speaker hath the casting voice upon all questions If it appeare that the affirmative voice bee the greater then ought hee to put the house in minde touching the naming of Committees which is done in this sort Every one of the house that list may call upon the name of any one of the house to be a Committee and the Clarke ought in his journall to write under the title of the Bill the name of every one so called upon at leastwise of such whose names in that confusion he can distinctly heare and this hee ought to doe without partiality either to those that name or to the party named But touching the naming of Committees and their duties more shall bee said in another Chapter But hee that speaketh directly against the body of the Bill may not be named a Committee for he that would totally destroy will not amend When a convenient number of Committees are named then ought the Speaker to put the house in minde to name time and place when and where the Committees may meete which the Clarke ought likewise to enter into his journall booke and when the house is in silence he ought with a loud voice to read out of his booke the Committees names and the time and place of the commitment that the Committees may take notice thereof After a Bill which is sent from the Lords hath beene twice read the question ought to bee for the Commitment if it be denied to be committed it ought then to be read the third time and then the next question ought to be for the passage and not for the ingrosing as it is where the Bill originally beginneth in the lower house for Bills which come from the Lords come alwaies ingrossed This question for the passage should in ordinary course be then made when the Bill is denied to be committed but not till the Bill have beene read the third time If that question for passage be deferred till another day it hath beene much doubted whether it may then bee then offered to the passage but upon debate of this point after many arguments to and fro Anno 27. Eliz. 18. February by the opinion of Sir Francie Walsingham then one of the house and by order of the whole house it was agreed it might be done The Bill then in question was the Bill against fraudulent conveiances Fol. 85. 86. in the Clarkes booke for that yeare so it was done 1. Sess. 1. Parliament Iac. Regis for the Bill of hunting But this president is not so safe for the house considering that oftentimes the Bill is denied to bee committed upon utter dislike thereof after it hath beene long debated and yet if that rule should hold there may be a time picked out of great disadvantage to the house to put it to question for the passage In the debating of Bills in the house no man may speake twice in one day except the Bill bee oftner read then once and then a man may speake as often as the Bill is read otherwise it is at Committees or when in the house the debate ariseth upon some motion concerning the order of the house but touching the manner of speaking and what orders shall be observed therein more shall be said elsewhere When the Committes have fully resolved touching the Bill and the amendments thereof one of them by the consent of al the rest ought to make report thereof to the house opening the substance of the things amended and the reasons thereof which done hee ought to bring the Bill so amended to the Clarke and to stand by the Clarke all the while that the Clarke is reading of theamendments and ought to helpe the Clarke in reading of the same in case it be difficult to bee read which falleth out very often by reason of interlineing or ill writing The Clarke ought to read every amendment and interlineing twice that so it may have as many readings as the rest of the Bill hath had and very many times it will fall out that the inlineing and amendments so read by the Clarke will of it selfe without reading of the clause going before or following bee no sense yet notwithstanding the Clark ought only to read the new amendments without medling with any of the rest of the Bill for it is intended that the reporter hath declared to the house the reason of the amendment and the connexion thereof to the rest of the Bill to make it sense And it hath sometimes beene permitted when the amendments have beene many and ill written that the whole Bill hath beene first read and then the alterations by themselves The Bill of hostile Lawes 3. Sess. 5. Parliamen Iac. Reg. 4. Iunii 1607. After the amendments thus read the Clarke ought to deliver the Bill unto the Speaker who holding the same in his hand ought againe to read the Title thereof and to put the question whether or no it bee the pleasure of the house that the Bill thus amended shall be put to the question for ingrossing and then ought to pause a while expecting whether any man will speake to it or no for it is as free for any man to speake against the Bill at this time though it hath passed the approbation of the Committees as it was at the second reading before the same was committed And after the debate is ended the Speaker ought to put the question for ingrossing If the greater number of voices be that the Bill ought not to be ingrossed the Clarke ought to make an entry in his journall that the same was dashed and so ought hee likewise to note upon the backe of the Bill and the day when If the voice be to have it ingrosed it is the office of the Clarke to do it It is alwaies to bee observed that when the Bill is ingrosed the Clarke ought to indorse the title thereof upon the backe of the Bill and not within the Bill in any case So ought likewise such Bills as come from the Lords to have Titles ingrossed upon the backe of the Bill and not within In defect whereof divers Bills comming from them have beene returned to bee amended As may appear by the journalls 27. Eliz. 19. Decem. 13. E. 27. May 39. E. 24. Octob. 4. Sess. 1. Parliament lac Reg. 5. Maii. The Bill as it is Amended by the Committees ought to remaine with the Clarke for his warrant and it is not an ordinary course to cause the Bill so amended to bee fairely written for the better ingrosing thereof yet hath it been seene that a Bill ill written in the amendments hath beene returned to the Committees to bee fairely written and by them presented to the house and upon the reading thereof ingrosed 27. Eliz. fo. 91. in the journall At sometimes it
hath beene ordered that a Bill so written should bee proceeded in as a new Bill 23. Eliz 28. Feb. 27. Eliz. fo. 91. in the clarkes booke or journal After a Bill hath beene committed and is reported it ought not in an ordinary course to bee committed but either to bee dashed or ingrosed and yet When the matter is of importance it is sometimes for speciall reasons suffered But then usually the recommitment is to the same Committees The Bill against the Marshall sea 3. Sess. 1. Parliament Iac. Reg. 30. Aprill 1607. was committed and reported and councell heard at the bar Whereupon it was recommitted and other Committees added who altered the former proceedings and it was agreed that the former proceedings were waved and the latter good Sect. 5. Touching the third reading of Bills SOme two or three daies after the Bill is thus ordered to bee thus ingrosed and is accordingly ingrosed it is offered by the Speaker to bee read the third time for the passage thereof For the most part the Speaker putteth not any one Bill to the passage by it selfe alone but staieth till there bee divers Bills ready ingrosed for the third reading and when he hath a convenient number which may bee five or six rather lesse then more then hee giveth notice to the house that he purposeth the next day to offer some Bills to the passage and desireth the house to give speciall attendance for that purpose and then the day following he doth accordingly put them to the third reading First private Bills untill the house bee growne to some fulnesse and then offereth to bee read the publique Bill which are ingrosed It hath at sometimes beene ordered for the preventing of carrying of Bills with few voices that no Bills shall bee put to the passage untill nine of the clock at which time the house is commonly full or shortly after When the Bill is read the third time the Clarke delivereth it to the Speaker who readeth the Title thereof and openeth the effect of the Bill and telleth them that the Bill hath now beene thrice read and that with their favours hee will put it to the question for the passing but pauseth a while that men have liberty to speake thereto for upon the third reading the matter is debated afresh and for the most part it is more spoken unto this time then upon any of the former readings When the argument is ended the Speaker still holding the Bill in his hand maketh a question for the passage in this sort As many as are of opinion that this Bill should passe say yea c. If the voice be for the passage of the Bills the Clarke ought to make a remembrance thereof in his Journall If otherwise then his remembrance must be made accordingly Upon the Bill thus passed if it be the Bill originally exhibited in the house of Commons the Clarke ought to write within the Bill on the top towards the right hand these words Soit baille aux Selgneurs If the Bill passed be a Bill originally begunne in the Lords house then ought the Clarke to write underneath the subscription of the Lords which alwayes is at the foot of the Bill these words A cest Bille les comuns sont assentus There are divers other formes of signing of Bills sometimes when new Additions are made sometimes when Provisoes are added of which more ample mention shal be made in the chapter which treateth of the dutie of the Clarke If the house see cause to amend any thing in a Bill originally begunne in the Commons house upon the third reading thereof and that the amendment thereof will not much deface the Bill nor spend much time the use is to cause the Serjeant to call in the Clarke that did ingrose it being usually a servant to the Clarke of the house and to cause him standing at the Table by his master in the presence of the whole house to amend the same according to their direction Sometimes if the amendments bee but of a few words it is done by the Clarke himselfe writing of a faire hand It hath sometimes beene seene which is rarely yeeleded unto and onely in cases where the Bill to bee passed is of good importance that if a question grow for the amendment of some clause or for the making of some addition thereunto that it hath beene recommitted for the amendment thereof but then usually the Committees are appointed forthwith to withdraw themselves into the Commitee Chamber and presently to dispatch the same The Bill concerning Rites and Ceremonies at the third reading was referred to bee farther considered red of 14. Elizab. 20 Maii and in 43. Elizab. 2. Decembr The Bill to avoid double payment of dibts 13. Sess. 1 Parliament Iac. Reg. Master Bathwests Bill being ready for the question to passe was deferred for eight dayes that the other part might have notice and then passed without further opening Quod nota No Bill upon the third reading for the matter or body therof may be recommitted as hath been said but for some particular clause or proviso it hath bin some times suffered and that difference was taken for a rule in the Bill for Seasands 4. Sess. 4. Maii 1610. In the third Sessions of the first Parliament of King James 12. die Maii the Bill of cloathing being ingrossed and read the third time exception was taken to the last proviso thereof whereupon after much debate it was recommitted which is to bee observed as a thing unusuall after the third reading The next day if was returned againe by the Committees with their opinions that they held it fit that a proviso therein should be strucke out whereupon the question grew whether the proviso being put to the question alone and rejected the whole Bill should not be dashed thereby at last resolved no whereupon the proviso being put to the question and rejected it was ordered it should bee razed out of the Bill which was presently done at the board by the Clarke and the Bill was put to the question and so passed The like in the Bill concerning Wherrymen the same Session 18. Maii 1607. It hath beene much doubted whether when a Bill is in debate for the passage it ought not to receive the resolution of the house the same day wherein it is first offered to the passage but there have of late been some presidents where the case being of some importance and the debate growing long the argument hath beene put over till the day following in which case hee that hath already spoken to the Bill the fist day may not againe speake the second no more then he may speake twice in one day where the argument is not deferred to another day If a Bill be rejected the same Bill may not bee offered to the house again the same Session but if it bee altered in any point materiall both in the body and in the title it may bee received the second time In the time
of the reading of a Bill the house should not bee interrupted with any other busines and yet in 1. Eliz. 24. Maii the house adjourned it selfe till the next day after the Bill for sealing cloathes was halfe read onely to bee present at the conference about Religion in Westminster Abbey Sometimes the house conceiving much offence against some Bills doth not onely order it to be rejected but to be torne in the house as it was done in the Bill to avoid Aliens not being here for Religion 1. Eliz. 23. Iannar It hath beene seene that two Bills being apt to bee joyned together have by order of the house after they have beene twice read ordered to be ingrossed as one Bill and so passed which is somewhat strange for that both being made into one Bill it is thereby become a new Bill neverthelesse it was so done in two Bills concerning Treason 13. Eliz. 26. Apr. When a Bill is thrice read and passed in the house there ought to be no further alteration thereof in any point Neverthelesse if it doe appeare that there be some apparent mistakings therein either by false writing or otherwise the house upon notice therof hath caused the same to bee amended the day following and reading the amendments three times have againe passed the Bill upon the question which is a rare president yet was it so done 23. Eliz. 20. Ianuarii Popham being Speaker which is a memorable case Anno 23. Eliz. 14. Martii the Lords sentdown a Bill touching the maintenance of the borders of Scotland the house proceedeth with another Bill to the same effect the Lords complains that it is against order so to doe without praying a conference with them which was spoken by the Lords at a conference and answered by the Committees of the Commons house they might lawfully so doe Sect. 6. Touching Provisoes Schedules Amendements and amendments of Amendements TOuching the offering and passing of Provisoes the course is thus If any man will offer a Provisoe to a Bill originally begun in the Commons house it ought to be offered in paper as long as the Bill it selfe is not ingrosed but when the Bill is once ingrosed it ought to be offered in parchment and not in paper If a Provisoe or Schedule of addition bee offered to any Bill comming from the Lords at first or secōd reading it must be offered in paper not in parchment though the Bill bee a Bill ingrosed for that it may receive much amendment at the Committee and when it is together with the Bill returned to the Committees there ought to bee a speciall question made by the Speaker whether the Provisoe shall be ingrosed if it be denied he may put the Bill to the passage at the third reading without the Provisoe if otherwise then he ought to deliver the Provisoe to bee ingrosed and some other day when the Provisoe is ingrosed must put the question upon the passage If it be offered at the first reading to a Bill begun in the Commons house which is seldome it ought to be but once read at that time and so filed to the Bill If at the second reading it ought to be read twice as the Bill it self hath beene and ought to bee committed together with the Bill if it bee offered at the third reading the Bill being ingrosed it ought to bee read three times before the question bee put for the passage of the Bill but after every severall reading thereof the Clarke ought to pause a while to give men time to speake thereto many times upon the second reading it is spoken unto and sometimes committed or amended at the Board sometimes rejected without more reading upon the third reading thereof the question ought to bee made whether or no the house doth thinke fit to annex that Proviso to the Bill read which question ought to be made singly upon the Proviso and afterwards the question ought to bee made for passage of the Bill together with the Proviso annexed If the Bill with the Proviso annexed doe passe upon the third reading the Clark ought to signe the same in this sort upon the Bill towards the right hand Soit baille Anx Seigneurs ave◠que un provission annex And ought to signe the Proviso it selfe Soit baille anx Seigneurs The like rules here given for Provisors are to bee observed when any Addition which alwayes containeth in it another clause or branch of the Bill is desired to be enacted and offered by any of the house with this difference that wheras the Clark in case of a Proviso maketh mention of the Proviso annexed he ought in this case to write avec◠un Schedule annex for that which containeth an Addition is called a Schedule After a question propounded in the affirmative upon the passage of a Bil before the question for the negative part a Proviso was offered and judged to be received 1. Iacobi 13. Iun. 1604. Such Bills as come from the Lords have their passage in the Commons house by three readings as well as those that originally begunne there when they are committed and the Committee see cause to make some amendment in them they ought not to interline or raze or make any other alteration in the Bill it selfe as they doe in their owne Bills but in a paper thereto annexed they ought to expresse in what line and betweene what words they desire the amendments to bee made which they ought to returne up to the house If upon the report thereof the house shall approve the doings of the Committees then ought the Bill with the Paper affixed to bee sent to the Lords house to bee accordingly amended by the Lords if they shall so thinke good So likewise ought the Lords to doe where they desire alterations in any Bill passed from the Commons house unto them And in this case after the amendments read three times the question ought first to bee put whether the amendments shall accordingly be assented unto Secondly for the passage of the Bill which the amendments if it passe the Clark ought to signe it in these words underneath the signing of the Lords at the foote of the Bill Acest bille avecque les amendments les comuns one assentus When the Lords send downe amendments they ought to bee read two times and then if excepted unto put to the question for the committing If they be approved by the Committees and so reported then ought the question to bee put for the amendment of the Bill accordingly Anno 29. Eliz. 25. Decem. the Bill touching labourers passing first from the commons house was sent from the Lords with amendments in parchments the parchments formally indorsed Solt baille aux comuns to which exception being taken there was much contention about it betwen the houses and Presidents sought up and at last resolved it ought to be in paper without any indorsement at all otherwise it is where there is a Schedule of additions or
a Proviso annexed for they ought alwaies to be sent in parchment the journall booke in this place handleth this point at large If there bee cause to make alteration in some Proviso or Schedule sent from the Lords the amendment ought to be tendred in paper and so passed to the Lords 3. Sess. Iac. Reg. 30. Iunii If besides the amendments a Proviso be added thereunto or a Schedule of additions there ought to bee mention thereof made by the Clarke in the signing of the Bill If the Commons house passe a Bill sent from the Lords with some additions by way of Schedule which ever containeth some new clause or entire branch added to the Bill or with some Proviso to be added thereto the same ought to be signed as a new Bill Soit baille aux Segneurs For the omission of which the Lords conceiving that they have not had warrant to proceed thereupon have returned the same to the Commons house to be amended and the same hath been reformed accordingly in the Bill against scandalous rumors 23. Eliz. 8. Maii. If the Lords doe absolutely disallow of any thing required by the Commons house to be put out or of any addition or alteration to be made by way of amendment the Bill can then have no further proceeding for if the Commons say put out and the Lords say let it stand as it was the same being before determined by question in the Commons house cannot be brought to the question againe 23. Eliz 9. Mar. The Bill of scandalous Rumours c. But if the Lords for explanation of such a sentence as is in question do add words to the additions of the Commons without putting out of any part of that which is required to bee added or altered by the Commons the same being set downe in writing by the Lords and sent to the Commons together with the Bill if the Commons do allow thereof they are to add the words required by the Lords paper and to insert the same into their owne paper and so returne the same to the Lords who thereupon ought to enter it into their Bill ingrosed and so the Bill hath his passage The like in all points mutatis mutandis in Bills originally begunne in the Commons house and sent to the Lords but if to the Bill comming from the Lords any Proviso or entire new matter bee added by the Commons because it is adjudged as a new Bill and hath not beene at the question in both houses the Lords may by their paper require to have part thereof put out or may offer additions thereunto which being returned to the Commons and they giving allowance thereof they are accordingly to amend the same in their owne house without sending it backe to bee amended by the Lords for amendments ought alwaies to bee in that house from whence the thing to bee amended originally proceedeth though the directions for the amendments came from the other house and so mutatis mutandis in Provisoes or other entire additions required by the Lords to be added to any Bill proceeding from the Commons And it is held for a generall rule that neither house may of themselves put out any thing which they have before passed otherwise then requested by the house which hath not passed the same In the Parliament 31. Eliz. when Mr. Snagge was Speaker It was usuall when either house desired the cleare passage of any Bill sent unto them from the other house in which they though fit to make alterations to acquaint the house from whom it came with the alterations which they intended to make and to desire to know their willingnesse thereto thereby to prevent the hazard of the Bill If perhaps they should make alterations not approved of In like sort they sometimes used conferences onely to prevent the casting away of Bills for some small difference about the amendments See for this the Clarkes booke of the Parliament 21. Martii and 27 Elizab. 10. Martii the Bill against Iesuits The like 23. Eliz. 17. Martii the Bill against seditious rumours Anno 23. Eliz. 24. Martii In the Bill for the better government of Westminster the Commons at the request of the Lords doe alter their owne amendments The like was done by the Lords at the request of the Commons upon a conference for that purpose In the Bill of Hostile Lawes 3. Sess. 1. Parliament Iac. Reg. 29. Iunii 27. Eliz 22. Feb. The Lords by a message without any paper sent unto them have beene prayed by the Commons house to amend the sense of some of their amendments that so the house might further proceed there with all which hath accordingly beene performed and then their amendments have beene considered allowed and returned 23. Eliz. 17. Martii In the Bill touching Scottish orders In the Bill against vagabonds 13. Eliz. It was resolved that certaine words required by the Lords to be put out should not be put out of the Bill but staied still in the same qualified with other words with condition that if the Lords should not agree to the said qualification the house would not bee bound by the said resolution which was done of purpose to avoid the hazard of the Bill in case the Lords should not agree thereto When amendments of any Bill comming from the Lords are returned by the Committees or otherwise added by the house they ought presently to bee read three times before they be put to the passage with the Bill In the Parliament 13. Eliz. at the third reading of a Bill which came from the Lords an addition in paper was by question affiled to it the addition having beene but once read the Bill was put to the question and the house divided upon the passage the error being espied after long argument thereupon the additions were ordered to bee read twice more and the Bill was againe put to the question and passed this was the Bill against taking up of previsions within 5. miles of Oxford which passed 25. May in the Parliament Anno 2. tertio P. M. the Bill for exactions at musters had a Proviso annexed by the Commons house and the Lords returned the Bill desiring the Proviso annexed might be taken off and a new devised by themselves put in place thereof Anno 27. Eliz. 5. Feb. The Lords having made additions to a Bill passed from the Commons house the Commons pray conference with them and desire that they themselves may have leave to make a further addition to their owne Bill or that the Lords would bee pleased to supply the same with an addition of theirs which the Lords refused to doe because they found no such president Anno 27. Eliz. Fol. 81. In the Iournall The Bill against fraudulent conveiances passed from the Lords was upon the second reading refused by the house to bee committed whereupon the Lords craved a conference and shewed it was a Bill which her Majesty called her Bill drawne by the Councell with the advice of
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
house and touching the first part thereof he said that although through such information as was given them they might have cause to conceive amisse of the house in the manner of their proceedings yet because themselves were the truest reporters of their own actions and the best interpreters of their owne meanings the Lords did therefore accept thereof and rested satisfied with the same But touching the other part he once againe pressed the Committees to shew cause why the house added that Proviso which the Lords took to be suspitious the Bill as he said containing in it a saving that was sufficient for all causes that might happen To that was said by one of the Committees that they humbly thanked their Lordships that it pleased them to accept of their answeres to the first part but for the second which concerned the matter it selfe and the reasons that moved the house he said the Committees had no further authority to deale in having onely commission to deliver to their Lordships the answers which they received from their house Whereupon the Assembly brake up the Lords returning to the higher house and the Committees to their house where at their comming one of them reported their whole proceedings with the Lords where with the house was much satisfied seeing that so great a storme was so well calmed and the liberties of the house preserved which otherwise in time to come might have beene prejudiced in those three points before remembred which are indeed if they be well considered of great weight and importance The Bill as it appeared after passed no further the Lords notliking the Proviso nor the Commons house yeelding to the withdrawing of it for the causes afore declared Concerning amendments of Bills in the Iournall of 31. Hen. 8. Die veneris 23. die Maii existen. 15. Parliamenti A Bill passed both houses in one day HOdie per dominum vicegerent quedam introducta est Billa concedens Reg. Majestati authoritatem constituendi Episcopos in diversis locis hujus Regni sui quae quidem Billa prima secunda tertia vice lecta traditur Regis Attornato in domum communem deferend immediate per ipsos de domo communâ— relata expedita Die Martis 24. die Junii 20. die Parliamenti post proroga c. A Bill by assent amended after it had passed both houses MEmorandum quod hodierno die concordatum est inter Proceros CoÌ„munes quod cum in Billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem ante festum Sancti Iohannis Baptiste qui hodierno die est repudiarent ut nunc alter dies illis ad easdem repudiend limitaretur qui eft duodecimus dies instantis mensis Junii ut eadem billa indicta sententia raderetur emendaretur Quod nota Die Sabbati 28. die Junii 24. die Parliamen post prorog. c. Concerning the adding of a Proviso by the Commons to a Bill by them sent up MEmorandum quod immediate post decessum prefati Willielmi Kingston aliorum Richardus Riche Miles ancellarius augmentationis reventionum coronae domini Regia alii de domo inferiori proceribus declaraverunt eos Regiam Majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres damas aut cuniculos ue Majestati pertinentes furaciter capient provisione quandam limitantem tempus accusationis per transgressoribus ejusdem Billae Regiamque Majestare eis petitionem suam hac in parte concessisse verum priusquam in domum Communem reversi sint dictam Billam per Willielm. Kingstone militem alios ad Proceres fuisse allataÌ„ Itaque prefatus Richardus Proceres nomine Communitatis rogavit ut vel predictam Billam illis remitterent ut illi hujusmodi provisionem eidem annecterent aut ut illis placeret talem provisionem componere eam dictae Billae annex in dom Communi mittere cui per dominum Canc. ex assensu Procerum responsum est quod si prefatus Richardus hujusmodi provision componeret eandemque Proceribus afferret illi circa eandem procederent prout inde causam cernerent A Catalogue of the Names of the Speakers of the Commons house of PARLIAMENT IN the reigne of William Rufus there was a great Councell or Parliament held at Rockingham as may bee collected out of the History of Eadmerus for he tearmeth the same Totius Regni Adunatio and saith that a certaine Knight came forth and stood before the people and spake in the name and behalfe of them all whereby the minde and consent of the people was understood who as is conceived was the Speaker of the Commons but the author nameth him not this is mentioned onely because of the antiquity thereof Petrus de Mountford 44 H. 3 That he was Speaker of the house of Commons may bee collected out of the Register of Saint Albane Fol. 207. where it is said that he Vice totius communitatis consented to the banishment of Adomar de Valence Bishop of Winchester by which also it may be conceived that the Lords and the Commons in that time sate in severall houses or at leastwise gave their assents severally Scroope 6. Ed. 3 Monsi William Trussell 13. Ed. 3. The Commons answer by his mouth and therefore it is conceived hee was their Speaker though not so named in the record Sir Peter de la Mare 49. Ed 3. Sir Thomas Hungerford 51. Ed. 3 This is the first named Speaker upon Record 51. Ed. 3. n. 89. Sir Peirce de la Mare 1. Rich. 2 Sir Iames Pickering 2. Rich. 2 Sir Iohn Goldesborough 3. R. 2 Sir Iohn Goldesborough 4. R. 2 Sir Richard Walgrave 5. Rich. 2 He was the first that made excuse desiring to be discharged for ought appearing in Record but the King commanded him upon his allegiance to except the place seeing hee was chosen by the Commons Sir Iames Pickering 6. Rich. 2 No Speaker recorded from 6. R. 2. to 17. Sir Iohn Bushye 17. Rich. 2 He was presented to the King in full Parliament by the Commons the first I finde so presented he was a speciall Minion to the King Sir Iohn Bushey 20. Rich. 2 There are many Pâ—â—â—… Rol. of R. 2. which menâ—oâ— no Speaker as 11 13 14 15 16 18. Sir Iohn Bushey 21. Rich. 2 This Parliament was held in the Palace yard of Westminster in a long house built with timber of purpose left open at both ends both the houses fate together therein an especiall place made for the Speaker the cause of this extraordinary meeting was the impeachment of the Duke of Gloucester the Earle of Arundell and Warwicke Sir Iohn Cheyney 1. H. 4 He is stiled in the Roll not only Parlour but Procurator de les Commons the next day after he was presented he grew sicke and the Commons