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A62383 Memorials of the method and maner of proceedings in Parliament in passing bills Together with several rules and customs, which by long and constant practice have obtained the name of Orders of the House. Gathered by observation, and out of the journal books from the time of Edward 6. By H. S. E. C.P. Scobell, Henry, d. 1660. 1656 (1656) Wing S922; ESTC R219927 41,650 125

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of Offence 13. May 12º Jacobi Upon report of the Amendments to the Bill for the due observation of the Sabbath day complaint was made that some indignity was offered to Sir R. Owen when he was in the Chair at the Committee by Sir W. H. that told him he was partial and by Sir R. K. who took him by the hand and told him he would pull him out of the Chair that he should put no more tricks upon the House Sir W. H. being present made an acknowledgement of his error which upon the Question was taken for a good satisfaction Sir R. K. was Ordered by the House to acknowledge his error at the Bar. 19º Jacobi Some speeches passing in the House privately between two of the Members and some offence taken which seems was not intended to be given one one of them in going down the Parliament stairs struck the other who thereupon catched at a sword then in his mans hand to strike with it Upon complaint made of it to the House they were both of them ordered to attend the House Being come be who gave the blow was called in and standing not at the Bar but by the Bar was examined by Mr. Speaker confessed the giving the blow insisted on the provocation and withdrew The other was also called in to relate the truth After he had made the relation and was likewise withdrawn and testimony given by a Member of the House who heard the Words the House proceeded to Sentence against Mr. C. who struck the blow he being brought to the Bar there on his knees he received Judgement which was pronounced by the Speaker That he should be committed to the Tower during the pleasure of the House CHAP. XIII Calling the House THere are two ends of Calling the House 1. To discover whether any were in the House who are not returned by the Clerk of the Commonwealth formerly called the Clerk of the Crown in Chancery it having been accounted a great Crime and severely punished 5º Martii 1557. In the Parliament held 4 5º Phil. Mariae I finde this Entry For that Christopher Perne affirmed that he is returned a Burgess for Plimpton in Devon and hath brought no Warrant thereof to the House nor is returned hither by the Clerk of the Crown by Book or Warrant he is awarded to be in the custody of the Serjeant till the House have further considered It appears by that Book afterwards that he was chosen a Burgess and admitted 9. January 1562. In the second Parliament of Queen Elizabeth For that it seemed to the House being very full that there were a greater number then was returned therefore the Names were immediately called over and as they were called departed out of the House 7º Febr. 1588. The House was called and every one answered to his name and departed out of the House as they were called 2. But chiefly the Calling the House is to discover what Members are absent without leave of the House or just cause in which case Fines have been imposed And on this occasion if the House be called the maner hath been to call over the Names and each Member to stand up at the mention of his name uncovering his head Such as are present are marked and the Defaulters called over again the same day sometimes the day after sometimes summoned sometimes sent for by the Serjeant 19. June 1607. The House was called by the general Book of Names in order as they were set down by the Clerk of the Crown at the beginning of the Parliament so it is there entred The Clerk called every one by his name the person called if present riseth up bare-headed and answereth if absent he is either excused and so entred viz. either Licentiatur per speciale servitium either Excusatur ex gratia either Aegrotat If none Excuse him he is entred Deficit That no person may sit in the House until he be so returned as aforesaid appears by several Instances of persons who were not Members and for coming into the House were brought to the Bar and some committed and some sworn before they departed to keep secret what they had heard there CHAP. XIV Petitions in Parliament PEtitions are usually presented by Members of the same County if they be concerning private Persons they are to be subscribed and the persons presenting them called in to the Bar to avow the substance of the Petition especially if it be a Complaint against any So 18. November 1640. one Vivers presented a Petition in the name of the Major Aldermen Burgesses and other Inhabitants of Bambury was called in and did acknowledge the hand to the Petition to be his and that he did deliver it by order and on behalf of the Town of Bambury and thereupon it was committed The like in the same Parliament upon reading the Petition of one Ward of Salop And likewise on reading the Petition of Henry Hoogan CHAP. XV. Priviledge of Parliament IT is often mentioned in the Journals upon Debates That Priviledge was due eundo morando redeundo for the persons of Members and their necessary Servants and in some cases for their Goods and Estates also during that time Some Question hath been touching the time in which the Priviledge is to be allowed and the maner how it is to be obtained For the first the Presidents are very numerous for allowing Priviledge during the Session 1. For their own persons They have been priviledged from Suits Arrests Imprisonments attendance on Trials serving in Juries and the like yea from being summoned or called to attend upon any Suit in other Courts by Subpoena served on them To begin with the latter Subpoena In the Parliament 4º 5º Phil. Mariae 29. January 1557. Thomas Ennys Burgess for the Borough of Thusk complained that a Subpoena was delivered him to appear in Chancery and required the Priviledge of the House whereupon Sir Clement Higham and Mr. Recorder of London were sent to the Lord Chancellor to revoke the Proces And albeit an Entry is made in the Journal 10º Februarii 1584. 26º Elizabethae That upon Motion made touching the opinion of the House for Priviledge in case of a Subpoena served out of the Chancery upon Mr. Richard Cook a Member of the House It was Ordered That the Recorder of London and two other Members of the House attended by the Serjeant should repair presently in the name of the whole House into the body of the Court of Chancery and there to signifie to the Lord Chancellor and Master of the Rolls That by the ancient Liberties of this House the Members of the same are priviledged from being served with Subpoena's and to require withal not onely the discharge of Mr. Cook 's Appearance but from thenceforth to grant Priviledge for other Members upon the request of the House signified under the Speakers hand which Mr. Recorder and the rest did accordingly But they return this answer That the Lord Chancellor told them he