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lord_n bill_n house_n read_v 15,049 5 8.0831 4 false
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A86394 The manner of holding Parliaments in England. Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this kingdome. The prerogative and power of Parliaments. The order and forme of the placing and sitting of the Kings Majesty and peeres in the upper house of Parliament. The order and course of passing bills in Parliament. With the stately and magnificent order, of proceeding to Parliament, of the most high and mighty prince, King Charles, on Monday the 13th. of Aprill 1640. in the 16th. yeare of his Majesties reigne, first on horse backe from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house. Hakewill, William, 1574-1655. 1641 (1641) Wing H214; Thomason E157_11; ESTC R212700 24,894 61

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disturbed in the Courts of Justice by ill customs undue execution of the Lawes oppression c. From this high Court lies no appeale the determination there of being presumed to be the act of every particular Subject who is either present personally or consenting by his Assignee suffraged by himselfe This honourable Assembly consists of two houses Vpper and Lower The upper is made up by the Lords Spirituall and Temporall as Archbishops Bishops Dukes Marquesses Earles Viscounts Barons no member of that house being under the degree of a Baron all which await the writ of Summons without which no place no vote there and none may absent themselves after Summons without speciall proxy from his Majesty whence he hath power to depute one of the said members to give his voyce for him in absence His Majesty who by his Prerogative Royall hath the Sole power as of calling so dissolving his honourable Assembly sits in a Throne in the upper end of the hous on his right hand the Prince of Wales on the left the Duke of York The greatest officers of the Kingdom as the Lord-keeper who is the Speaker or mouth of the House Treasurer Privy Seale c. have places some on the right some on the left hand of the Throne the forme where of is recited in the Statute of 31 Henry the 8. The manner of giving voyces in the upper house is thus The Lords Spirituall and Temporall in their Parliamentary Robes they youngest Bishop reades prayers those being ended the Clarke of the House readeth the Bills being first writ in paper which being once read he that pleaseth may speak either for or against it The manner of the Lower house is in this sort The first day each member is called by his name every one answering for what place hee serveth that done they are willed to choose their Speaker who though nominated by the Kings Majesty is to be a member of that house their election being made he is presented by them to the King sitting in Parliament where after his Oration or Speech the Lord keeper approving in behalfe of the King hee Petitions his Majestie in behalfe of the House First for their priveledges from all molestations during the the time of sitting Secondly that they may enjoy freedom of speech Thirdly that they may have power to correct any of their owne members that are offenders Fourthly to have favorable accesse to his Maiestie upon all occasions The Speaker in behalfe of the House of Commons promising regard full respect as befitting loyall and dutifull Subjects The use of the Parliament Consists in abrogating ould or making new Lawes reforming all grievances in the Common wealth whether in Religion or intemporal affairs setling succession to the Crowne grants Subsidies c. and in Sum may be called the great Physitian of the Kingdom or Republique The Speakers place in the House of Commons The Speaker sits in a Chaire placed somewhat high to be seene and heard the better of all the Clarkes of the House sits before him in a lower seat who reades such Bills as are first propounded in their House or sent downe from the Lords for in that point each House hath equall authority to propound what they think meet All Bills be thrice in three severall daies read and disputed on before put to question and so good order is used in the House that he that intends to speake to any Bill stands up bare-headed for no more hen one speakes at a time speaking to the Speaker not one to another being against the rule of the House and he that speaketh is to speake no more that day to the Bill he hath spoken to to avoyd spinning needlesly out of time and their speeches must be free from Taunts of their felow members that are of cōtrary opinions The Speakers Office is when a Bill is read as briefly as he may to declare the effect thereof to the House and to Bills first agreed on by the Lords and sent to the Commons for assent if they doe assent then are they returned subscribed thus Les Communs ont assentus So likewise if the Lords agree to what is sent to them from the House of Commons they subscribe Les Seigneurs ont assentus If the two Houses cannot agree every Bill being therice read in each House then sometimes the Lords sometimes the Commons require a meeting of some of each House whereby information may be had of each others mind for the preservation of a good correspondency betweene them after which meeting for the most part though not always either part agrees to the Bill in question The assent or dissent of the upper House is each man severally by himselfe and then for so many as he hath by proxy they saying onely content or not content and by the Major part it is agreed to or dashed But in the Lower House no member can give his voyce to another by Proxy the Major part being present onely maketh the assent or dissent After a Bill is twice read there and engrossed being disputed on enough as conceived the Speaker asketh if they will goe to question and if agreed to holding the Bill up in his band sayeth As many as will have this Bill passe concerning such a matter say yea and those that against it no and if it be a doubt which cry is bigger the House is divided the one part that agrees not to the Bill being bid to sit still those that do to goe downe with the Bill so plurality of voyces allowes or dashes But no Bill is an Act of Parliament Ordinance or Edict of Law though both the Houses unanimously agree in it till it hath the Royall Assent Touching the Royall Assent When Bills are passed by both the Houses they ought to have for approbation the Royal Assent which usually is deferred till the last day of the Sessions but may be given at any time during the Parliament touching which it hath been a question much debated whether the Royal Assent given to any one Bill doth not ipso facto conclude that present Session the question is of great consequence for if thereby the Session be at an end then ought every other Bill although passed both the Houses to be read againe three times in either House and to have the same proceeding as it had at first as if nothing had been formerly done therein so must it be done of all other Acts of the House But the first Session of the first Parliament of King Iames the House being then desirous to have a Bill passed forthwith by the Royall Assent which should be security to the Warden of the Fleet touching the delivery of Sir Thomas Sherly out of execution for it was then questionable whether he was subject to an action of escape did agree that the giving of the Royall assent to one Bill or moe did not dissolve the Sessions without some speciall declaration of his Majesties pleasure to that purpose 18. Aprill 1604. And likewise in the Journall Anno. 1 2. phil. Mariae 21 Novem. that the King and Queene came on purpose into the Parliament House to give their Assent to Cardinall Pooles Bill and upon question made it was then resolv'd by the whole House that the Session was not thereby concluded but that they might proceed in their busines notwithstanding the Royall Assent given At the giving of the Royall assent it is not requisit the King should be present in person for by the expresse word of the Statute of 33 Henry the 8 Cap. 21. that the Kings Royall assent by his Letters Patents under his great Seale signed by his hand and declared and in notified in his absence to the Lords Spirituall and Temporall and to the Commons assembled in Parliament is and ever was of as good strength and force as if the King had been there in person personally present and had assented openly and publikely to the same according to which Statnte the Royall assent was given by Commission Anno 38. H. 8. unto the Bill for the attainder for the Duke of Norfolk The manner of giving the Royal assent The Royall assent is given in this sort after some solemnities ended the Clark of the Crowne readeth the Titles of the Bills in such order as they are in consequence as the Title of every Bill is read the Clearke of the Parliament pronounceth the Royall assent according to his instructions given him by his Majesty in that behalfe if it be a publike Bill to which the King assenteth hee answereth Le Roy Le voet If a private Bill be allowed by the King the answere is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se amsera To the Subsidie Bill Le Roy remercie ses Loyaulx Subjects accept benevolence et ausi le voult To the generall Pardon Les Prelates Seigneurs et Commonsen cest present Parliament assemblies en nom de touts voue autres subiects remercient tres humblement vestre Maiestie et preut dieu vous donere eu suite bene vie et longe FINIS Per Comitatum et Baron summoneri debent Minores ●…erisi non summoneri debent sed si eorum presenia necessariafuerit Rexsolibat talibus brevia suamittere re●ans quod Parliomosuo inseressens Summoneri debentomnes et singuli comiter Barones et eor pares Qui tenent ad valentunius Comitat vel Baron. integra Minores laici summoneri non debent DEcasibus et Iudicus difficilibus Cum dubltat et difficilis Casus pacis vel guerne emergat c.