the House at Words spoken by Mr. J. H. He was first heard to explain himself and then commanded to withdraw and was call'd to the Bar and suspended the House during that Session of Parliament 27 Maij 1641. Ibid. A Paper was brought in containing Words spoken by Mr. Taylor a Member of the House concerning the Passing the Bill of Attainder of the Earl of Strafford who being heard to explain himself and then commanded to withdraw after some Debate in the House it was Resolved That he should be expell'd the House Anto 139. be made uncapable of ever being a Member of this House and should forthwith be committed Prisoner to the Tower there to remain during the Pleasure of the House and to make an acknowledgment of his Offence both at the Bar and at Windsor publickly And he was call'd to the Bar and there Kneeling Mr. Speaker pronounced the Sentence accordingly 13 Maij 12 Jac. 1. Id. 82. Complaint was made that some Indignities were offer'd to Sir R. Owen when he was in the Chair at the Committee about the Bill for the due Observation of the Sabbath Day by Sir W. H. who 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 Acknowledgment 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. 19 Jac. 1. Ibid. Some Speeches passing in the House privately between two Members and some Offence taken which seems was not intended to be given one of them in going down the Parliament-Stairs struck the other who thereupon catch'd at a Sword in his Mans Hand to strike with it Upon Complaint made of it to the House they were both order'd to attend the House being come he who gave the Blow was call'd in and standing not at the Bar but by the Bar was Examin'd by Mr. Speaker confessed the giving the Blow insisted on the Provocation and withdrew The other was also call'd in to relate the Truth After he had made the Relation and was likewise withdrawn and Testimony given by a Member of the House who heard the Words the House proceeded to Sentence against Mr.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 Judgment which was pronounced by the Speaker That he should be committed to the Tower during the Pleasure of the House 1626. Nalson's Introduction 61. 2 Nalson 513 Mr. Moor sent to the Tower for speaking out of Season Novemb. 1641. Ordered That Mr. Fitz-Williams Conisby shall be Expell'd this House he being a Monopolist and that the Speaker issue out a Warrant to the Clerk of the Crown for a Writ for a new Election for a Member to serve for the County of Hertford in his Place Mr. Hugh Benson Id. 596. a Member of the House having granted many Protections for Money taking for some sixteen seventeen forty shillings and twenty for ten shillings a piece Resolved upon the Question That Mr. Hugh Benson is unworthy and unfit to be a Member of this House and shall sit no longer as a Member of this House That he be forthwith sent for as a Delinquent by the Serjeant at Arms attending on this House Mr. Jervase Hollis Id. 710. Expell'd the House for a Speech made with great strength of Reason and Courage but more Heat than the Times would bear was restored to his Place to sit as a Member of the House of Commons Sir William Widdrington Id. 27â— and Sir Herbert Price sent to the Tower for bringing in Candles against the Desire of the House 23 Eliz. 1580. Sir Simon d'Ewes Jour 309. Col. 2. Order'd and Resolved by the House That every Knight for the Shire that hath been Absent this whole Session of Parliament without Excuse allow'd by this House shall have a Fine set upon him to her Majesties use and upon every Citizen and Burgess for the like ten Pounds 1 Jac. 1. 1603. Mr. Lawrence Hide Petyt's Miscel Parl 147. pretending Business of his Clients c. made known to the House That he would goe out of Town and so took his Leave in open Audience without the Assent or Leave of the House which was Taxed Censured by the House and Mr. Speaker ordered to write to him It was also moved and Resolved Ib. 149. That Mr. Speaker should write another Letter to other Lawyers being gone down in the same Circuit where Mr. Lawrence Hide was advising them to Return and attend the House Hither may be referred The Case of the several Lawyers Members of the House March 173.4 c. Committed by the House for appearing as Council in the Case of Ashby and White touching the Election for Aylesbury in the County of Bucks 12. Mar. 1694. Bolun's Col. of Debates c. p. 331. and See there p. 354. Mr. Hungerford expell'd for a like Cause Resolved by the House That Sir John Trevor Speaker of this House in receiving a Gratuity of one thousand Guineas from the City of London after passing of the Orphans Bill is guilty of a High Crime and Misdemeanor And a few Days after he was only Expelled the House too mild a Punishment for so flagrant a Crime King Edw. 3. would have Hang'd him as well as Judge Thorp But Times change by great Examples And we have seen greater Crimes since Escape scot Free CHAP. IX Concerning Elections of Members Vid. of this Matter Lit. rep 327.8.9.30 c. 5 R. 2 St. 2. c. 4. ALL Persons and Commonalties who shall be summon'd to the Parliament shall come as hath been accustomed of old Time and he that cometh not having no reasonable Excuse shall be amerced and otherwise punish'd The King sendeth Writs to the Sheriffs of every Shire Arc. Parl. 4. Vide the Form of the Writ Sir Simon d'Ewes Jour 37. 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 consult in the Name of the Shire and to be present at the Day At every County Hakewel 47. Vide Crompton's Juris 3. after the Delivery of the Parliament Writ to the Sheriffs Proclamation shall be made in the full County of the Day and Place of the Parliament and that all Men shall attend for the Election of the Knights for the same County for that Parliament Where the Parliament Writ speaks de qualibet Civitate Comitatus illius Arc. Parl. 22. Vide Cromp. 3. this is intended where the City is not a County in it self If it be the Writ shall be directed to them c. as it is to Sheriffs of other Countries 28 Eliz. 1586 Sir Simon d'Ewes Jour 396.397 resolved That the House of Commons are the only competent Judges concerning Elections which are duly made and which not 18 Jac. 1
and every the Sheriffs Mayors G. Britain Bailiffs and other Officers The Act to be read by the Sheriff c. after reading the Writ to whom the Execution of any Writ or Precept for electing any Members belongs shall at the Time of such Election immediately after the Reading of such Writ or Precept read or cause to be read openly before the Electors there assembled this present Act and every Clause therein contained and the same shall also openly be Read once in every Year at the General Quarter Sessions of the Peace after Easter and at the Quarter Sessions after Easter and on electing Magistrates c. for any County or City and at every Election of the chief Magistrate in any Borough Town Corporate or Cinque-Port and at the annual Election of Magistrates and Town Counsellors for every Borough in Scotland That every Sheriff Under-Sheriff Wilful Offence forfeits 50 l. Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for the electing of Members doth belong for every wilful Offence contrary to this Act shall forseit 50 l. to be recovered with full Costs as before directed Provided Prosecution to commence within two Years That no Person shall be made liable to any Incapacity Disability Forfeiture or Penalty by this Act unless Prosecution be commenced within two Years after such Incapacity c. incurred or in Case of a Prosecution the same be carried on without wilful Delay any Thing herein to the contrary After a Recital of the St. 7.8 St. 6. G. 11. c. 23. W. 3. and the Inconveniencies of County Courts being adjourned to Mondays Fridays or Saturdays it enacts That no County Court in England shall be adjourn'd to a Monday Friday or Saturday and all Adjournments and Acts done at such Courts so adjourn'd to be null and void any Law Custom or Usage to the contrary Provided That any County Court begun holden on or adjourned to any Day not prohibited by this or the said former Act for electing any Knight of the Shire for any County or for hearing and determining Causes or for such other Matters and Business as are usually transacted at County Courts may be adjourned over from Day to Day tho' the same may happen to be on a Monday Friday or Saturday until such Election or other Matters be fully finished any thing therein to the contrary c. CHAP. XIII Election of the Speaker THE Speaker is he that doth prefer and commend the Bills exhibited to the Parliament Arc. Parl. 3. Smyth's Common-wealth 75. and is the Mouth of the Parliament It is true 4 Inst 8. Smyth's Common-wealth 75. See Bohun's Coll. 352. contra the Commons are to choose their Speaker but seeing that after their Choice the King may refuse him for avoiding of expence of Time and Contestation the Use is as in the Conge d'Eslier of a Bishop that the King doth name a discret and learned Man whom the Commons elect But without their Election no Speaker can be appointed for them 4 Inst 8. because he is their Mouth and trusted by them and so necessary as the House of Commons cannot sit without him And therefore a grievous Sickness is a good Cause to remove the Speaker Id. 8. and choose another So in 1 Hen. 4. Sir John Cheyny discharged and so William Sturton So in 15 Hen. 6. Sir John Tyrrel removed So March 14. 1694. Sir John Trevor The first Day each Member is called by his Name Modus tenend Pal. 35. every one answering for what Place be serveth That done they are willed to choose their Speaker who tho' nominated by the King's Majesty is to be a Member of that House Their Election being made he is presented by them to the King sitting in Parliament 35. So Sir Thomas Gargrave 1 Eliz. So Christopher Wray 13 Eliz. So Robert Bell 14 Eliz. See Bohun's Coll. 352 353. So John Puckering 27 Eliz. So George Snagg 31 Eliz. So Edward Coke 35 Eliz. So Yelverton 39 Eliz. So John Crook 43 Eliz. So Sir Thomas Crew 19 Jac. 1. So Sir Heneague Finch 1 Car. 1. cum multis aliis The Speaker ought to be religious Towns Coll. 1.4 honest grave wise faithful and Secret These Virtues must concur in one Person able to supply that Place The long Use hath made it so material Elsyng 154 that without the King's Commandment or Leave they cannot choose their Speaker Sed aliter ab Antiquo Surely the Election of the Speaker was antiently free to the Commons Id. 155. to choose whom they would of their own House which appears in this that the King never rejected any whom they made Choice of Vide contra Sir Simon d'Ewes Journ 42. Col. 1. where he saith That 28 Hen. 6. Sir John Popham was discharg'd by the King i. e. on his excuse and thereupon the Commons chose and presented William Tresham Esq who made no Excuse See the like of Paul Foley in Bohun's Collection 353. The Cause of Summons being declared by the King or Chancellor Elsing 151 Cook 12 115. Smyth's Common-wealth 79. the Lord Chancellor confers first with his Majesty and then in his Name commands the Commons to assemble in their House and to choose one of their Members to be their Speaker and to present him to his Majesty on a Day certain Upon which the Commons shall presently assemble themselves in the Lower House Co. 12.115 and he is to be a Member of their Parliament The Commons being thereupon assembled in their House Elsyng 152 Vid. Town Coll. 174. See Bohun ut Supra one of the Commons puts the rest in mind of their Charge given in the Upper House touching the choosing of a Speaker and then doth of himself commend one unto them and desires their Opinions to be signified by their Affirmative or Negative Voices and if any Man stand up and speak against him so named alledging some Reason he ought to name another Some Person when the generality of Members are come Scobel 3. Vid. Town 174. Vide Sir S. d'Ewe's Jour passim and sit doth put the House in mind that for their better proceeding in the weighty Affairs they are come about their first Work is to appoint a Speaker and re-commends to the House some Person of Fitness and Ability for the Service and Dignity which usually hath been one of the long Robe If more than one Person be named for Speaker Scobel 3. and it be doubtful who is more generally chosen sometime one of the Members standing in his Place doth by Direction or Leave of the House put a Question for determining the same or the Clerk at the Board So it was in the first Session 1 Jac. 1. Scobel 4. when Sir Edward Philips the King's Serjeant at Law was first named by Mr. Secretary Herbert as fit for that Place and the Names of others were mention'd but the more general Voice run upon Sir Edward Philips and a Question being put he was by general Acclamation chosen Speaker When the Speaker
and heard the better of all the Clerks of the House sit before him in a lower Seat who read Bills Petitions c. The Speaker's Office is when a Bill is read Modus tenend Parl. 37. Smith 's Common-wealth 86. Hakewel 138 139. Sir Simon d'Ewes Jour 43.44 as briefly as he may to declare the Effects thereof to the House That Day that the Speaker being approved by the King cometh down into the Commons House to take his Place the Custom is to read for that time only one Bill lest unpast the last Sessions and no more This is done to give him Seisin were as it of his Place 1 Jac. 1. Scobel 19. Sir Edward Philips was chosen Speaker and the same Day before he was presented to the King he signed a Warrant as Speaker Note by Command of the House for Election of another Person in the Place of Sir Francis Bacon being chosen in two Places A general Order hath usually been made in the Beginning of the Session Id. 20. to authorize the Speaker to give Warrants for new Writs in Case of Death of any Member or of double Returns where the Party makes his Choice openly in the House during that Session Where such general Order is not made Ibid. Writs have issued by Warrant of the Speaker by Vertue of special Order upon Motion in the House Oftentimes on the first Day of the Meeting of the House Scobel 18. as soon as the Meeting of the House as soon as the Speaker hath been approv'd and sometime before such Persons as have been doubly return'd have made their Choice 43 Eliz. Mr. Johnson said Towns 191.192 The Speaker may ex Officio send a Warrant to the Clerk of the Crown who is to certifie the Lord Keeper and so make a new Warrant The Speaker said Ibid. Sir Simon d'Ewes Jour 627. Col. 2. That I may inform you of the Order of the House the Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord Keeper and then to make a new Writ This Proposition I hold Ibid. Vide Sir S. d'Ewes Jour 627. Col. 2. That our Speaker is to be commanded by none neither to attend any but the Queen per Sir Edward Hobby The Warrant is to be directed to the Clerk of the Crown in Chancery Scobel 20. Vid. Tow. Col. 216.217 Vide Sir S. d'Ewes Jour passim Scobel 65. Petyr 's Misâ—ell Parl. 140. by Order of Parliament 13 Novemb. 1601. May 1604. Resolved That no Speaker from henceforth shall deliver a Bill of which the House is possessed to any whosoever without Leave and Allowance of the House but a Copy only It is no Possession of a Bill except the same be delivered to the Clerk to be read or that the Speaker read the Title of it in the Chair 5 Car. 11. 1628. Râ—b Col. 66â— The Speaker being moved to put the Question then proposed by the House he refused to do it and said That he was otherwise commanded from the King 2 Martij The Speaker was urged to put the Question who said See Sâ—â—dens Lise I have a Command from the King to adjourn till the Tenth of March and to put no Question and endeavouring to go out of the Chair was notwithstanding held by some Members the House foreseeing a Dissolution till a Protestation was publish'd When the Queen made an Answer to the Speaker's Speech Towns Col. 263. Vide Sir S. d'Ewes Jour 6â—â— Col. 1.2 Towns Col. 61. he with the whole House sell upon their Knees and so continued till she bid them stand up 35 Eliz. Mr. Speaker was sent for to the Court where the Queens Majesty her self gave him Commandment what to deliver to the House The Speaker was commanded upon his Allegiance not to read any Bills touching Matters of State or Reformation in Causes Ecclesiastical Id. 63. 16 Car. 1. 1640. Apr. 16. Rush Col. 1127. The Speaker received Command from the King That His Majesties Speech shou'd be entred in the Journal of the Commons House of Parliament Whereupon the House passed a declarative Vote That they did not expect that this shou'd be performed by other Speakers but upon the like special Command or by the Order of the House Eodem Die Resolved Id. 1137. That it was a Breach of Priviledge of the House for the Speaker not to obey the Commands of the House and that it appeared the Speaker did adjourn the House by the Command of the King without the Consent of the House which is also a Breach of the Priviledge it was therefore ordered that this should be presented to His Majesty 1 Jac. 1. 1603. Ordered Scobel 65. Petyt 's Miscol Parl. 140. That it shou'd be precisely registred as the Judgment of the House that no Speaker from henceforth shou'd deliver a Bill whereof the House stands possessed to any whomsoever without Allowance and Leave But that he had Power and might either shew it or deliver a Copy if it seems meet to him But yet it was admitted Id. 142. that a Copy may be delivered or it may be shewed to His Majesty If upon Division of the House Hakewel 145. it appear that the Members are equal the Speaker hath always the casting Voice upon all Questions 44 Eliz. upon the Question Towns 321.322 Vide Sir S. d'Ewes Jour 683. Col. 2. Whether Mr. Speaker had a Voice It was said by Sir Walter Raleigh and confirmed by the Speaker himself That the Speaker is foreclosed of his Voice by taking of that Place which it had pleased them to impose upon him and that he was to be indifferent to both Parties He was seconded by Mr. Secretary Cecil The Speaker hath no Voice in the House Arc. Parl. 18. Smyth 's Common-wealth 86. Rush Col. 3. p. v. 1. p. 35. nor will they suffer him to speak in any Bill to move or disswade it It was resolved by Vote in the last Parliament says Mr. Harbottle Grimston in his Speech Nov. 9. 1640. That the Speaker refusing to put the Question being thereunto requir'd by the House or to adjourn the House upon any Command whatsoever without the Consent and Approbation of the House it self were Breaches and Violations that highly impeached our Priviledges Ordered Id. p. 42. That Mr. Speaker be intreated to be here this Afternoon viz. 10 Nov. 1640. to sit by at the great Committee of Irish Affairs and if there be Cause to resume the Chair Nov. 20. 1640. Id. p. 53. This Day the House ordered the Speaker should sit in the Afternoon Note The Speaker is said to be not only the Mouth but the Eyes and Ears of the House And hence it was That when King Charles I. commanded the Speaker on his allegiance to discover certain Transactions c. in the House he justly reply'd That he had neither Eyes to See Ears to Hear nor Mouth to Speak but as the House shall direct him See also several Letters Messages c. of that Prince to and by the
agreed That regularly he cannot be compelled out of Parliament to answer Things done in Parliament in a Parliamentary Course but it is otherwise where Things are done exorbitantly for those are not the Acts of the Court. No Privilege is allowable in Case of the Peace betwixt private Men 2 Nalson 450. much more in Case of the Peace of the Kingdom Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament Ibid. because all Indictments are contra Pacem Domini Regis Privilege of Parliament is granted in regard of the Service of the Commonwealth Ibid. and is not to be used to the Danger of the Commonwealth All Privilege of Parliament is in the Power of Parliament Ibid. and is a Restraint to the Proceedings of other inferior Courts but is no Restraint to the Proceedings of Parliament 16 Car. 1 Resolved Rush 2 vol. 2d Part. 1147. That the Lords voting the propounding and declaring Matter of Supply before it was moved in the House of Commons was a Breach of Privilege of the House Dec. 1641. Resolved 2 Nalson 729. That the setting of any Guards about this House without the Consent of the House is a Breach of the Privilege of this House and that therefore such Guards ought to be dismissed Resolved upon the Question Id. 743. Nemine Contradicente That the Privileges of Parliament were broken by his Majesty's taking Notice of the Bill for suppressing of Soldiers being in agitation in both Houses and not agreed on Resolved upon the Question Ibid. Nemine Contradicente That his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to him by the Consent of both Houses was a Breach of the Privilege of Parliament Resolved upon the Question Ibid. Nem. Con. That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and Preparation of that Bill was a Breach of the Privilege of Parliament Whereas his Majesty 2 Nalson 823. in his Royal Person the 4th of Jan. 1641. did come to the House of Commons with a great Multitude of Men armed in a warlike Manner with Halberts Swords and Pistols who came up to the very Door of the House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then there sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House of Commons Ibid. That the same is a high Breach of the Rights and Privileges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with Safety of their own Presons or the Indemnities of the Rights and Privileges of Parliament sit there any longer without a full Vindication of so high a Breach of Privilege and a sufficient Guard wherein they might confide The Lords cannot proceed against a Commoner Sleden's Jud. p. 84. but upon a Complaint of the Commons But Note as to Freedom from Suits and Arrests Stat. 12 13. Wil. 111. that in the Parliament of 12 13 William the Third an Act passed entitled An Act for preventing any Inconveniencies that may happen by Privilege of Parliament Which enacts Sect. I. That any Person may prosecute any Peer of this Realm or Lord of Parliament or any of the Knights Citizens and Burgess of the House of Commons for the Time being or their or any of their menial or other Servants or any other Person entitled to the Privilege of Parliament in any of the Courts of Record at Westminster or high Court of Chancery or Court of Exchequer or the Dutchy Court of Lancaster and in the Court of Admiralty and in all Causes Matrimonal and Testamentary in the Court of Arches the Prerogative Courts of Canterbury and York and the Delegates and in all Courts of Appeal from and after the Dissolution or Prorogation of any Parliament until a new Parliament shall meet or the same be reassembled And from and after any Adjournment of both Houses for above fourteen Days until both Houses shall meet or reassemble And that the said Courts respectively shall and may after such Dissolution Prorogation or Adjournment proceed to give Judgment and make final Orders Decrees and Sentences and award Execution thereon any Privilege of Parliament to the contrary notwithstanding Sect. II. Provides against subjecting the Person of any Knight Citizen or Burgess or any other intitled to the Privilege of Parliament to be arrested during the Time of Privilege Nevertheless allowing the Liberty that any Person having Cause Action or Complaint against any Peer of the Realm or Lord of Parliament so that after any Dissolution Prorogation or Adjournment as aforesaid or and before any Session of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of the Courts of King's Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he might have had against him out of the Time of Privilege And if any Person having Cause of Action against any of the said Knights Citizens or Burgesses or any other intitled to Privilege after any such Dissolution Prorogation or Adjournment or before any such Sessions or Meeting of both Houses ut supra he shall and may prosecute such Knight Citizen or Burgess or other such privileged Person in the said Courts of King's Bench Common Pleas or Exchequer by original Bill and Summons Attachment and Distress infinite out of the same Courts who are respectively impower'd to issue the same against him or them until the Defendant shall enter a Common Appearance or file Common Bail to the Action according to the Course of each Court. And that any Person having Cause of Suit or Complaint may in the Time aforesaid exhibit any Bill of Complaint against any Peer of the Realm or Lord of Parliament or against any Knight Citizen or Burgess or other Person so intitled to Privilege in the Chancery Exchequer or Dutchy Court and proceed thereon by Letter or Subpoena as usual And upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non-Performance of any Order or Decree or for Breach thereof may sequester the real or personal Estate of the Party as is used and practised where the Defendant is a Peer of the Realm but shall not arrest or imprison the Body of any of the said Knights Citizens or Burgesses or other privileged Person during the Continuance of Privilege of Parliament Sect. III. That where any Person by reason of Privilege of Parliament is stayed or prevented from prosecuting any Suit
Being of this Kingdom can have no other Bottom to stand upon but the Parliament it being the Foundation upon which the whole Frame of the Commonwealth is built The Parliament is the Cabinet Ib. 201. wherein the chiefest Jewels both of the Crown and Kingdom are deposited The great Prerogative of the King and the Liberty of the People are most effectually exercised and maintained by Parliaments c. Parliaments are the Ground and Pillar of the Subject's Liberty Ib. 587. and that which only maketh England a free Monarchy Parliaments are says the Earl of Warwick Ib. 752. Admiral of the Sea to John Pym Esq July 6 1742 That Great Council by whose Authority the King's of England have ever spoken to their People Both Houses of Parliament are the Eyes in the Body Politick Ib. 702. whereby His Majesty is ought by the Constitution of this Kingdom to discern the Differences of those Things which concern the Publick Peace and Safety thereof The Parliament is the Mouth of the King and Kingdom Vox Dei c. Parliaments says K. C. 1. in his Declaration to all his Loving Subjects Rushw Coll. 3d Part Vol. 2 p 40. after his Victory at Edgehill on the 23d of October 1642 are the only Sovereign Remedies for the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom That without Parliaments the Happiness cannot be lasting to King or People The Parliament is to be considered in three several Respects first Ib. p. 45. As it is a Council to advise 2dly As it is a Court to judge 3dly As it is the Body Representative of the whole Kingdom to make repeal or alter Laws L'Assemblie de Troys Estates Cestascavoir Finch's Nemotecnia lib. 2. c. 1. fo 21. Roy Nobility Commons qui font le Corps del Realm est appel un Parliament lour Decree un Act de Parliament Car sans touts troys come si soit fait per Roy Seigneurs mes rien parle del Commons nest Ascun Act de Parliament i. e. The Assembly of the three Estates to wit the King the Nobility and the Commons which make the Body of the Realm is called a Parliament and their Decree an Act of Parliament for without all three as if it be done by the King and Lords but speaks nothing of the Commons there is not any Act of Parliament On the Restoration of King Charles the 2d the Commons resolved May 1. 1660. Journal Dom. Co. That this House doth agree with the Lords and do own and declare that according to the antient and fundamental Laws of this Kingdom the Government thereof is and ought to be By King Lords and Commons The Word Parliament is used in a double Sense 1. English Liberties p. 78. Strictly as it includes the Legislative Power of England as when we say an Act of Parliament add in this Acceptation it necessarily includes the King the Lords and the Commons each of which have a Negative Voice in making Laws and without their Joint Consent no new Laws can pass that be obligatory to the Subject 2. Vulgarly the Word is used for the Two Houses the Lords and Commons as when we say The King will call a Parliament His Majesty has dissolved his Parliament c. This Court is the highest Court in England Crompton's Juris p. 1. in which the Prince himself sits in Person and usually comes there at the Beginning of the Parliament and at the End and at any other Time when he pleaseth 4 Inst 3. during the Parliament The King is the Caput Principium and Finis of Parliaments It appears by Precedents That whenever a Parliament was sitting in the King's Absence Rushw Coll. Vol. 3. Part 1. p. 772. there was always a Custos Regni or a Locum Tenens Regis appointed This Court consists of the King's Majesty 4 Inst 1. sitting there as in his Royal Politic Capacity and of the three Estates of the Realm viz. the Lords Spiritual Arch-Bishops and Bishops who sit there by Succession in respect of their Counties Vide Dyfol 60. or Baronies parcel of their Bishopricks The Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by Descent or Creation every one of which both Spiritual and Temporal ought to have a Writ of Summons ex debito Justitiae And the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs all which are respectively elected by the Shires or Counties Cities and Boroughs by Force of the King's Writ ex Debito Justitiae and none of them ought to be omitted And these represent all the Commons of the whole Realm and are trusted for them The King and these three Estates Ib. 2. are the great Corporation or Body Politic of the Kingdom and do sit in two Houses King and Lords in one House called The Lords House the Knights Citizens and Burgesses in another House called The House of Commons That which is done by this Consent Arc. Parl. 2. is called firm stable and sanctum and is taken for Law All the Judges of the Realm Towns Coll. 5.6 Vid. Cromp ton 1. Barons of the Exchequer of the Coif the King's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the Upper House of Parliament but they have no Voices in Parliament 4 Inst 4. but are made sometimes joynt Committees with the Lords Every Englishman is intended to be there present either in Person Arc. Parl. 3. Smyth's Common-wealth 74 or by Procuration and Attorney of what Preeminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person in England And the Consent of the Parliament is taken to be every Man's Consent In antient Time the Lords and Commons of Parliament did sit together 2 Bulstro 173. See Cotton's Records 12.13.348 Post 60. in one and the same Room but afterwards they were divided to sit in several Rooms and this was at the Request of the Commons but yet still they remain but one Court And of all this I have seen the Records one in the Time of H. 1. where all of them did sit together and mention is there made of the Degrees of their Seats so in the Time of E. 3.39 No Man ought to sit in the High Court of Parliament 4 Inst 45. but he that hath Right to sit there For it is not only a personal Offence in him that sitteth there without Authority but a publick Offence to the Court of Parliament and consequently to the whole Realm It is to be observed 4 Inst 2. That when there is best Appearance there is the best Success in Parliament At a Parliament 7 Hen. 5. of the Lords Spiritual and Temporal there appeared but Thirty and there was but one Act pass'd of no great Weight In 50 Ed. 3. all the Lords appeared in Person and not one by
is chosen Co. 12.115 Vid. Towns 175 Vid. Sir S. d'Ewe's Jour passim Elsyng 153 Vid. Town 175. Vide Sir S. d'Ewe's Jeur. passim he in his Place where he first shall sit down shall disable himself and shall pray That they would proceed to a new Election When it appeareth who is chosen after a good Pawse he standeth up and sheweth what Abilities are required in a Speaker and that there are divers among them well furnish'd with such Qualities c. disableth himself and prayeth a new Choice to be made which is commonly answered with a full Consent of Voices upon his Name If the House generally give a Testimony of their Approbation Elsyng 153 4 Inst 8. Vid. Town 175. Vide Sir Simon d'Ewe's Jour passim two of the Members which for the most Part ware of the Council or chief Officers of the Court going to the Gentleman named and agreed to be Speaker take him from his Place and lead him unto the Chair Elsying says take him by the Arms and lead him to the Chair where being set they return to their Places After a while he riseth and uncover'd Elsyng 153 with humble Thanks for their good Opinion of him promiseth his willing Endeavours to do them Service After he is put into the Chair Co 12.115.4 Inst 8. then he shall pray them that with their Favors he may disable himself to the King that so their Expectations may not be deceived See Bohun ut Supra Then some and commonly he that first spake puts them in mind of the Day to present him c. Elsyng 153. Vid. Town 175. Sir Simon d'Ewes Jour passim So it was done by Sir William Knowls the Controller in the 43 Eliz. And the next Day Co. 12.115 Rush Coll. 480. Smyth's Common-wealth 80. or 2 or 3 Days after the Commons shall present the Speaker in the Upper House to the King where he shall disable himself again to the King and in most humble manner shall intreat the King to command them to choose a more sufficient Man Vide ante 265. aliter At the Day appointed Elsyng 156 Vid. Towns 175. his Majesty sitting on his Royal Throne and the Lords all in their Robes the Commons are called in who being come the Speaker is brought between two of them with low Obeysance to the Bar and so presented at the Bar to his Majesty The Speaker having made his Excuse the Lord Chancellor confers with the King and then telleth him That his Majesty doth approve the Commons Choice and will not allow of his Excuse Then the Speaker proceeds to his Speech But anciently he made first a Protestation as you may read in Elsyng 159 160. After he is allowed by the King Co. 12.115 Vide Rush Coll. 117. Vi. Smyths Common-wealth 80. Elsyng 164 then he shall make an Oration and in the Conclusion shall pray the four usual Petitions The Speaker's Speech is what it pleaseth himself having no Direction at all from the Commons touching the same making Petition to the King on behalf of the Commons some in general Words for all their ancient Priviledges and some in particular The Protestation of the Speaker consists of three Parts 4 Inst 8. Vi. Towns Coll. 4. 54 Rush Coll. 424. First That the Commons in this Parliament may have free Speech Vide Elsyng 164. as by Right and of Custom they have used and all their ancient and just Priviledges and Liberties allow'd to them Secondly That in any Thing he shall deliver in the Name of the Commons if he shall commit any Error no Fault may be arrected to the Commons and that he may resort again to the Commons for declaration of their true Intent and that his Error may be pardoned Thirdly That as often as necessity for his Majesties Service and the Good of the Commonwealth shall require he may by Direction of the House of Commons have Access to his Royal Person Some add a Fourth Modus tenend Parl. 35. That they may have Power to Correct any of their own Members that are Offenders And some make a Fifth Id 62. That the Members their Servants Chattels and Goods necessary may be free from all Arrests Tho' the Speaker does upon his being approv'd of by the King make it his humble Petition to have Liberty of Speech allow'd the Commons Sir R. Atkin's Argument c. 33. from whence Dr. Heylin and Sir Robert Filmer and others infer That the Commons injoy that Liberty by the King's Grace and Favour yet they are clearly answered by the words that accompany that humble Petition he prays That they may be allowed that Freedom as of Right and Custom they have used and all their ancient and just Priviledges and Liberties So that this from the Speaker is a Petition of Right The Speaker having ended his Oration Eisyng 165 the Lord Chancellor confers again with the King and makes Answer thereunto in his Majesties Name granting his Requests c. That humble and modest way of the Peoples addressing to their Sovereign Sir R. Atkin's Argument 33. either for the making Laws which has been very ancient or for granting Priviledges by the Speaker of the Commons shews great Reverence and becomes the Majesty of the Prince so to be addressed to but let it not be made an Argument that either the Laws thereupon made or the Priviledges so allow'd are precarious and merely of Favour or may be refused them of Right The Oration being answered by the Lord Chancellor Co. 12 115. 4 Inst 10. and his Petitions allow'd the Speaker and the Commons shall depart to the House of Commons where the Speaker in the Chair shall request the Commons That inasmuch as they have chosen him for their Mouth they would assist him and favourably accept his Proceedings which do proceed out of unfeign'd and sincere Heart to do them service The first Business in the House is ordinarily to read a Bill that was not pass'd in the last Parliament preceeding or some new Bill as in that of 10 Jac. 1. Scobel 5. Vide Sir Sir Simon d'Ewes Jour 43 44. But on that Day before that was done there was a Motion made for Priviledge of Sir Thomas Shirley who was chosen a Member to serve in that Parliament but detained by an Arrest Upon which a Habeas Corpus was awarded and the Serjeant that Arrested him and his Yeoman sent for and a Committee for Elections and Priviledges chosen See the Form and Manner of Electing Paul Foley Esq to be Speaker Bohun's Collection of Debates p. 350 to 354 after the Censure of Sir John Trevor for a High Crime and Misdemeanor in receiving a Gratuity or Bribe of 1000 Guineas of the City of London on passing the Orphans Bill CHAP. XIV Business of the Speaker THE Mace is not carried before the Speaker Eisyng 153 until his Return being presented to the King and allow'd of The speaker sits in a Chair placed somewhat high Modus tenend Parl. 36. Smith 's Common-wealth 84. to be seen
Speaker to the House in Rapin's History Vol. II Numb 57 c. CHAP. XV. Order to be observed in the House THE Litany is read the first Thing Towns 54. after the Speaker is set in the Chair So agreed upon the Motion of Mr. Speaker 13 Eliz. 1571. When the Speaker is set in his Chair Scobel 6. every Member is to sit in his Place with his Head covered No Member in coming into the House Ibid. or in removing from his Place is to pass between the Speaker and the Member then speaking nor may cross or go overthwart the House or pass from one Side to the other while the House is sitting 23 Eliz. 1580. Sir Suron a 〈◊〉 Jour 282. Col. 2. Upon a Motion made by Sir John Croft Comptroller of her Majesty's Houshold and allowed of by the whole House That Mr. Speaker and the Residue of the House of the better sort of Calling do alway at the rising of the Trouse depart and come forth in comely and civil sort for the Reverence of the House in turning about with a low Courtesie as they make at their coming into the House and not unseemly to thrust and throng out No Member is to come into the House with his Head covered Scobel 6. nor to remove from one Place to another with his Hat on nor is to put on his Hat in coming in or removing until he be set down in his Place 39 Eliz. None to enter the House with his Spurs on Town 101 181. Vide Sir S. d'Ewes Jour 550. Col. 1.623 Col. 1. Scobel 6. Vide Sir S. d'Ewes Jour 487. Col. 1. nor until he pay the Serjeant's Fees While the House is sitting no Man ought to speak or whisper to another to the End the House may not be interrupted when any are speaking but every one is to attend unto what is spoken in which Case Penalties have been imposed When any Member intends to speak Ibid. he is to stand up in his Place uncover'd address himself to the Speaker who usually calls such Person by his Name that the House may take Notice who it is that speaks Mr. Downold going about to speak about a Bill Town Coll. 224. the Speaker interrupted him and arose without further hearing him which he took in great Disgrace and told him He would complain of him the next Sitting If any Man in this House speak wisely Town Coll 252. we do him great wrong to interrupt him if foolishly let us hear him out we shall have the more Cause to tax him per Sccretary Cecil If more than one stand up at once Scobel Vide Sir S. d'Ewes Jour 434. Col. 1 2. the Speaker is to determine who was first up and he is to speak and the other sit down unless he who was first up sit down again and give way to the other or that some other Member stand up and acquaint the House that another up before him whom the Speaker calls and the House adjudge it so While one is speaking Ibid. Vid. Town Coll. 205. none else is to stand up or interrupt him until he have done speaking and be set down and then the other may rise up and speak observing the Rules 21 Junij 1604. Ibid. It was agreed for an Order That when Mr. Speaker desires to speak he ought to be heard without interruption if the House be silent and not in Dispute When the Speaker stands up Ibid. the Member standing up ought to sit down 27 April 1604. Scobel 8. Agreed for a Rule That if any Question be upon a Bill the Speaker is to explain but not to sway the House with Arguments or Dispute 4 Junij 1604. Scobel 8. Vide Sir S. d'Ewes Jour 335. Col. 1.640 Col 2. Agreed for an Order That whosoever hisseth or disturbeth any Man in his Speech by coughing spitting c. shall answer it at the Bar. 7 Maij 1607. Ordered upon the Question Ibid. That in going forth no Man shall stir until Mr. Speaker do arise and go before and then all the rest to follow after him He who first stands up to speak Co. 12.116 Smith's Common-wealth 84. he shall shall first speak without any Difference of Persons If in Debate Words be let fall that give Offence Exceptions should be taken the same Day and before such Member go out of the House or he who is offended may move that such Person may not go out of the House 'till he hath given Satisfaction in what was by him spoken And in such Case Scobel 81. after the present Debate is over the Words must be repeated by the Person excepting and in case he desire or the House command him he is to explain himself standing in his Place which if he resuse to do or the House be not satisfy'd with such Explanation then he is to withdraw 43 Eliz. 1601. Towns Coll 199. Vide Sir S. d'Ewes Jour 630. Col. 2. It was said by Secretary Cecil If any that sit next the Door be desirous to sit next the Chair to give his Opinion I will not only give him my Place but thank him to take my Charge We that sit here take your Favours out of Courtesie not out of Duty Tho' Freedom of Speech and Debates be an undoubted Priviledge of the House Scobel 72. yet whatsoever is spoken in the House is subject to the Censure of the House Febr. 19. 1592. Towns Coll. Ibid. 35 Eliz. After the Names of the Knights Citizens and Burgesses were read and declared to the Clerk of the Crown and entered in his Book they entered into the House The House being set Vide Sir S. d'Ewes Jour pas the Earl of Derby High-Steward for this Parliament came into the House to take their Oaths All being removed into the Court of Requests the Lord High-Steward sitting at the Door called the Knights and Burgesses of every County according to the Letters of their Names in the Alphabet Alphabetically every one answered as he was call'd and having answer'd departed thence to the Parliament House Door and there took the Oath of Supremacy given him by one of the Queen's Privy-Counsellors The Fee for entering his Name into the Serjeant's Book is Two shillings Town Coll. 51. the Rewards to the Door-Keepers Three shillings and Eight-pence the Fee for returning the Indenture Two shillings Febr. 7. 1588. Id. 15. 31 Eliz. This Day the House was call'd over and all those that did then sit in the House and were present at the calling of the same did thereupon severally answer to their Names and departed out of the House as they were called 31 Eliz. 1588. Sir Simon d'Ewes Jour 432. Col. 2. By Consent of the House upon the Motion of Sir Edward Hobby Admonition was given given by Mr. Speaker That Speeches used in this House by the Members of the same be not any of them made or used as Table Talk or in any wise delivered in Notes of writing to any Person or Persons whatsoever not being Members of this House
James the First the House being desirous to have a Bill forth with passed declared That the Royal Assent to one Bill or more did not dissolve the Session without some special Declaration of his Majesty's Pleasure to that Purpose 1 2 Phil. Mar. The King and Queen came of Purpose into the Parliament House Ibid. to give their Assent to Cardinal Pool's Bill and resolved upon the Question by the whole House That the Session was not thereby concluded but they might proceed in their Business notwithstanding the Royal Assent given But for more Security it is usual to insert a Proviso to that Purpose If there be divers Sessions in one Parliament Arc. Parl. 93. 〈◊〉 Jour 7.12 â—b and the King signs not a Bill till the last there all is but one and the same Day and all shall have relation to the first Day of the first Session Post 336. and the first Day and the last are but one Parliament and one and the same Day unless special Mention be made in the Act when it shall take its Force See Touching the Commencement Prorogation and Dissolution of several Parliaments from the Beginning of Edward III. to the End of Richard III. in Cotton's Records per Totum and from the Beginning of Edward VI. in Hale's Parliaments pag. 107 to 110. and pag. 142 143 c. Upon a Prorogation of the Parliament On a Prorogation Bills to continue in Statu quo Burnet 's Reformation Vol. I. pag. 276. Journal Dom. Com. 15 May 1540. 32 Hen. 8. to the 25th a Vote passed That their Bills should remain in the State they were in and upon their next Meeting they went on accordingly On the 18th of February 1666 the Parliament was prorogued till the 10th of October 1667. the King present Memorandum That his Majesty by Proclamation 1 Siderf 338. dated 26 June 1667. Ann. 19. of his Reign summon'd his Parliament to meet on the 25th of July following by Reason of the War against the Dutch then in Being On which Day they met and adjourned at his Majesty's Appointment to the 29th of the same Month on which Day a Peace being then concluded the Parliament was by his Majesty's Appointment prorogued to the 10th of October as aforesaid A Parliament may be summon'd by Proclamation to meet before the Day to which they are prorogued Anno Dom. 1628. Rush Vol. I. pag 537. 4 Car. 10 April Mr. Secretary Cook delivered this Message from the King That his Majesty desired this House not to make any Recess these Easter-Holidays that the World may take Notice how earnest his Majesty and we are for the publick Affairs of Christendom the which by such a Recess would receive Interruption But This Message for Non-recess was not well pleasing to the House Sir Robert Phillips first resented it Post 366. and too Notice that in 12 18 Jac. upon the like Intimation the House resolved it was in their Power to adjourn itself or sit Hereafter said he this may be put upon us by Princes of less Piety Let a Committee consider hereof and of our Right herein and make a Declaration And accordingly this Matter touching his Majesty's Pleasure about the Recess was referred to a Committee and to consider the Power of the House to adjourn itself to the End that it being now yeilded unto in Obedience to his Majesty it might not turn to Prejudice in Time to come Sir Edward Coke spoke to the same Purpose and said I am as tender of the Privileges of this House as of my Life They are the Heart-Strings of the Commonwealth The King makes a Prorogation but this House adjourns itself The Commission of Adjournment we never read but say this House adjourns itself If the King write to an Abbot for a Corody for a Valet if it be ex rogatu though the Abbot yeilds to it it binds not Therefore I desire that it be entered that this is done ex rogatu Regis Hereupon a Message was sent to the King That the House would give all Expedition to his Majesty's Service notwithstanding their Purpose of Recess To which Message his Majesty returned this Answer That the Motion proceeded from himself in regard of his Engagement in the Affairs of Christendom wished them all Alacrity in their Proceedings and that there be no Recess at all A Message from the King by the Speaker Ibid. pag. 608. same Year That his Majesty commands for the present they adjourn the House till To-morrow Morning and that all Committees cease in the mean Time And the House was accordingly adjourned On Wednesday February 25. the same Year both Houses by his Majesty's Command adjourned themselves until Monday Morning the 2d of March. Monday Ibid. pag. 660. and Appendix pag. 9. 2d of March the Commons meet and urged the Speaker to put the Question who said I have a Command from the King to adjourn till the 10th of March and put no Question endeavouring to go out of the Chair was notwithstanding held by some Members the House foreseeing a Dissolution till a Protestation was published in the House Hereupon the King sent for the Serjeant of the House but he was detained the Door being locked Then he sent the Gentleman-Usher of the Lords House with a Message and he was refused Admittance till the said Votes were read And then in much Confusion the House was adjourned till the 10th of March according as it was intimated from his Majesty In Mr. Mason of Lincoln's Inn his Argument for Sir John Elliot he said the second Charge in the Information against him was the Contempt to the Command of the King's Adjournment Jac. 18. It was questioned in Parliament whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Judges resolved That the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed and wondered Rush Vol. I. in Appendix pag. 48. that none was then impeached for moving that Question And it is to be noted that they resolved that the Adjournment may be by Commission but did not resolve that it may be by a verbal Command signified by another and it derogates not from the King's Prerogative that he cannot so do no more than in the Case of 26 H. 8. c. 8. that he cannot grant one Acre of Land by Parol The King himself may adjourn the House in Person or under the Great Seal but not by verbal Message for none is bound to give Credit to such Message but when it is under the Great Seal it is Teste meipso And if there was no legal Command then there can be no Contempt in the Disobedience of that Command In this Case no Contempt appears by the Information for the Information is that the King had Power to adjourn Parliaments Then put the Case the Command be that they should adjourn themselves this is no Pursuance of the Power which he is supposed to have
was disabled for ever to serve in Parliament Quere post 141.146 17 Dec. 1584. 27 Eliz. Id. 76. Vide Sir Simon d'Ewes Jour 340.341 342. A Bill against Jesuits and Seminary Priests pass'd upon the Question Dr. Parry only gave a Negative and after inveighed in violent Speeches against the whole Bill affirming it to savour of Treason to be full of Blood Danger Despair and Terror or Dread to the English Subjects of this Realm our Brethren Uncles and Kinsfolks Upon which he was sequestred from the House into the outer Room into the Hands of the Serjeant and not to confer with any while the House was in Debate of that Business Afterward he was brought to the Bar and there kneeling he was told by the Speaker If he thought fit the House was content to hear his Reasons but he refusing was committed to the Serjeant's Ward The next Day he was brought to the Bar and kneeling confessed he had unduly behaved himself and had rashly and unadvisedly uttered those Speeches he had used and was with all his Heart very sorry for it alledging withal he had never been of the House till that Session and so could not so well know the Orders of the House as he shou'd do and that he would not henceforth willingly offend the House nor any one Man in it and so humbly prayed their good Favour toward him Whereupon being again sequestred out of the House after some Arguments and Debates it was resolved upon this Acknowledgement of his Fault and his humble Submission he shou'd be received into this House again as a Member thereof and take his Place as before so that he would still afterward behave himself in good sort as he ought to do and thereupon being call'd again to the Bar and there Kneeling and directly reiterating his former Confession of his Fault and humble Submission with promise of better Demeanor he was admitted 18 Febr. 1584. Sir Simon d'Ewes Jour 352. Col. 2 27 Eliz. Upon a Motion by Mr. Diggs That the same Dr. Parry a late unworthy Member of this House and now Prisoner in the Tower hath since his Submission and Reconcilement so mis-behaved himself as deserveeth the said Imprisonment Resolved by the House That he be disabled to be any longer a Member of this House and that a Warrant be directed for choosing another Burgess in his stead 18 Jac. 1. Sir Giles Mompesson for being a Vid. Post Conysby's Case Monopolist and for other great and insufferable Crimes by him Committed to the Abuse of his Majesty and grievous Oppression of the Subjects was turn'd out of the House committed to the Tower and after Impeached before the Lords who gave Judgment upon him 1. Petyt's Miscel Par. 91 92 To be degraded of the Order of Knighthood 2. To stand perpetually in the degree of a Person Out-lawed for Misdemeanors and Trespasses 3. His Testimony never to be received in any Court nor to be of any Inquisition or Jury 4. To be excepted out of all General Pardons 5. That he should be Imprisoned during his Life 6. Not to approach within twelve Miles of the Courts of the King or Prince nor at the King's High Court usually held at Westminster 7. That the King should have the profits of his Land for Life and all his Goods and Chattels 8. That he should be fined at 10,000 l. 9. He was also disabled to hold or receive any Office under the King or for the Common-wealth 10. And lastly Ever to be held an infamous Person 19 Jac. 1. Sir John Bennet Id. 92. for receiving Bribes c. Ordered by the Commons House to be safely kept by the Sheriffs of London to be put out and no longer continue a Member of the House and a Warrant for a Writ for a new choice In the same Parliament Id. 93. Sir Robert Floyd for being a Projector of a Patent for a Monopoly resolved una voce That he was a Person unworthy to continue a Member of this House and adjudged presently to be put out 3 Car. 1. Id. 94 95. Mr. John Barbour Recorder of Wells for subscribing a Warrant for the Quartering of Soldiers suspended the House and sequestred till the Pleasure of the House be known 13 Febr. 1606. Id. 77 78.79 Upon a Report made in the House of the Remembrances formerly set down of the Particulars of a Conserence the Speaker offering to read the Paper and being interrupted by some Motions and Disputes Whether they shou'd be read one by one and so debated or all at once In that Difference one of the Knights for Bucking hamshire with a loud Voice not standing up Bare-Headed as the Order is pressed to have them Read The House observing his earnestness and manner of Sitting and Calling for Order's sake urged him to stand up and speak He stood up and pretending to offer some Reasons fell into an Invictive against the Scots much distasting the House yet out of a common Care to expedite the weighty Business then in Hand his Speech was neglected without Tax or Censure But on Monday following it was remembred and his Words of Offence recited in particular The Gentleman being absent was sent for by the Serjeant The Serjeant having brought the Offender it was moved he might be heard at the Bar which was assented to and after he had spoken he was commanded to retire and not long after was call'd in again to the Bar where Kneeling Mr. Speaker acquainted him Since the Offence was so apparently heinous the House did not hold it fit that any Particulars shou'd be named or to give any Reason of their Judgment but the Order was That he shou'd be carry'd to the Prison of the Tower and there remain during the Pleasure of the House and that he shou'd be dimiss'd from his Place of Knight of the Shire for Bucks and a new Writ to issue for a new Choice 15 Febr. 18 Jac. 1. Id. 79. A Bill being read the second Time for the better Observation of the Sabbath one of the Members made an Invective against it and something which seem'd to reflect on a Member of the House who presented it as favouring a Puritan and factious Spirit Exceptions were taken at the Words After he had explained himself he was ordered o withdraw out of the House and Debate being had he was call'd to the Bar and upon his Knees he received the Judgment of the House pronounced by the Speaker That he should be discharged from the Service of the House with an Intimation that his Judgment was very merciful for that the House might for so exorbitant an Offence have Imprison'd and further punish'd him 3 Apr. 1604. Id. 80. In a Debate upon a Bill a Member of the House utter'd some Speeches highly distasting the House but no Notice was taken of it till the Bill was Committed and then the Words being repeated he was call'd to the Bar where he made his Excuse and was Pardon'd 26 Apr. 1641. Ibid. Great Offence was taken by
No Candidate who shall have in his own Name or in trust for him or his Benefit any new Officers or Place of Profit hereafter to be created or be a Commissioner or Sub-Commissioner Secretary or Receiver of Prizes Commissioner of the Armies Accounts Commissioner of the Sick and wounded Agent for any Regiment Commissioner for Wine Licences Governor or Deputy-Governor of any of the Plantations Commissioner in any out-Port or have a Pension from the Crown during Pleasure shall be capable of being elected or sitting c. as a Member who shall have in his own Name or in the Name of any Person or Persons in Trust for him or for his Benefit any new Office or Place of Profit whatsoever under the Crown which at any time hereafter shall be created or erected nor any Person who shall be a Commissioner or Sub-Commissioner of the Prizes Secretary or Receiver of the Prizes nor any Comptroller of the Accompts of the Army nor any Commissioner of Transports nor any Commissioner of the Sick and Wounded nor any Agent to any Regiment nor any Commissioner for Wine Licences nor any Governor nor Deputy-Governor of any of the Plantations nor any Commissioner of the Navy employed in any of the Out-Ports nor any Person having any Pension from the Crown during Pleasure shall be capeable of being Elected or of sitting or voting as a Member of the House of Commons If any Person being chosen a Member of the House of Commons shall accept of any Office of Profit from the Crown during such time as he shall continue a Member his Election shall be Members chosen accepting any Office of Profit from the Crown while they continue Members their Election void and a new Writ to issue but capable of being again Elected and is hereby declared to be Void and a new Writ shall issue for a new Election as if such Person so accepting was naturally Dead Nevertheless such Person shall be capable of being again Elected as if his Place had not become Void as aforesaid No greater Number of Commissioners shall be made for the Execution of any Office than have been employed in the Execution of any such Office from the first Day of the Session Nothing herein contained shall extend to any Member of the House of Commons being an Officer in Her Majesty's Navy or Army Members being Officers in the Navy or Army receiving any New Commission in either not incapacitated who shall receive any new or other Commission in the Navy or Army respectively If any Person hereby disabled or declared to be incapable to Sit or Vote in Parliament Members hereby incapacitated if returned their Election void and presuming to sit and vote forfeit 500 l. to any that will sue by Action of Debt c. wherin no Essoin c and but one Imparlance shall nevertheless be returned as a Member to serve for any County City Town or Cinque-Port in any such Parliament such Election and Return are declared to be Void to all Intents and Purposes and if any Person disabled or declared incapable by this Act to be Elected shall presume to sit or vote as a Member of the House of Commons in any Parliament such Person so sitting or voting shall forfeit 500 l. to be recovered by such Person as shall Sue by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed and only one Imparlance Forty five shall be the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain G. Britain Stat. 5 Annae c. 8. Every Member of the House of Commons of the Parliament of Great-Britain until the Parliament of Great-Britain shall otherwise direct shall take the respective Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy The Union Act. by an Act of Parliament made in England in the First Year of the Reign of the late King William and Queen Mary The new Oaths of Allegiance and Supremacy And make subscribe and audibly repeat the Declaration mentioned in an Act of Parliament made in England in the Thirtieth Year of the Reign of King Charles the Second The Test and shall take and subscribe the Oath mentioned in an Act of Parliament made in England in the First Year of Her Majesty's Reign The Abjuration At such time and in such manner as the Members of both Houses of Parliament of England are by the said respective Acts directed to take make and subscribe the same upon the Penalties and Disabilities in the said respective Acts contained And it is declared and agreed that these Words This Realm The Crown of this Realm and the Queen of this Realm mentioned in the Oaths and Declaration contained in the aforesaid Acts which were intended to signify the Crown and Realm of England shall be understood of the Crown and Realm of Great-Britain and that in that Sense the said Oaths and Declaration be taken and subscribed by the Members of the Parliament of Great Britain None shall be capable to be elected a Representative for any Shire or Borough of Scotland but such as are twenty one Years of Age complete None capable to be elected for any Shire or Borough of Scotland under 21 Years nor unless a Protestant Papists and such as refuse the Formula excluded Like Incapacity on Candidates not at this Time capable by the Laws of Scotland Stat. 6. An. c. 7. and Protestant excluding all Papists or such who being suspect of Popery refuse to swear and subscribe the Formula contained in the third Act made in the 8th and 9th Sessions of King William's Parliament in Scotland nor shall be capable to be elected to represent a Shire or Burgh in the Parliament of Great Britain for Scotland except such as were at the Time of passing this Act capable by the Laws of Scotland to be elected as Commissioners for Shires or Boroughs to the Parliament of Scotland A like Clause for incapacitating Persons to be elected c. Members of Parliament and likewise for incapacitating Members of Parliament with like Restrictions Exceptions and Penalties throughout the united Kingdom as are contained in the Statute 4 5 Annae c. 8. relating to Candidates and Members for the Parliament of England And further Candidates disabled to be elected or Members to sit c. in the Parliament of England under like Disabilities as to any Parliament of Great Britain That every Person disabled to be elected or to sit or vote in the House of Commons of any Parliament of England shall be disabled to be elected or to sit or vote in the House of Commons of any Parliament of Great Britain Except the present Commissioners for disposing the Equivalent by the present or any other Commission That every Person who shall refuse to take the Oath of Abjuration St. 6 Ann. c. 23. Candidates or others may require the Sheriff President of the Meeting c. on the Poll at any Election of Members in
Bills are sent down by Serjants at Law or by two Doctors of the Civil Law being Masters of the Chancery and Attendants in the Vpper House accompanied sometimes with the Clerk of the Crown an Attendant there Bills of greater Moment are usually sent down by some of the Judges Assistants there Id. 178. accompanied with some of the Masters of the Chancery who being admitted Entrance do come up close to the Table where the Clerk sits making three Congies and there acquainting the Speaker That the Lords have sent unto the House certain Bills doth read the Titles and deliver the Bills to the Speaker and so departeth with three Congies When they are out of the House the Speaker holds the Bills in his Hands and acquaints the House That the Lords by their Messengers have sent to the House certain Bills and then reading the Title of every Bill delivereth them to the Clerk to be safely kept and to be read when they shall be called for When Bills are thus passed by both Houses Id. 179. upon three several Readings in either House they ought for their last Approbation to have the Royal Assent which is usually deferred till the last Day of the Session The Royal Assent is given in this sort Id. 181. Vid. Towns Coll. 12 49. Vide Sir S. d'Ewe's Jour 467. After some Solemnities ended the Clerk 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 Clerk of the Parliament pronounceth the Royal Assent according to certain Instructions given him from his Majesty in that Behalf To the Subsidy Bill Towns Coll. 49. because it is the meer Gift of the Subject the Queen's Consent is not required for the passing of it but as it is implied in her thankful Acceptance Nor to the Bill of Pardon because it is originally her free Gift no other Circumstance is required than that the thankful Acceptance thereof by the Lords and Commons be likewise expressed it being but once read in either House before it comes at last to be thus expedited To all other Bills either Private or Publick the Queen's express Consent though in different Words is always requisite February 9. Id. 127. 1597. 39. Eliz. Her Majesty gave her Royal Assent to twenty four publick Acts and nineteen private and refused forty eight which had passed both Houses If it be a publick Bill Towns 13. to which the King assenteth the Answer is Le Roy le veult in English The King wills it If a private Bill allowed by the King the Answer is Soit fait come il est desire i. e. Be it done as is desired If a publick Bill which the King forbears to allow Le Roy se avisera i. e. The King will consider To the Subsidy Bill Id. 12. Le Roy remercie ses loyaux Subjets accept lour Benevolence ainsi le veult i. e. The King thanks his loyal Subjects accepts their Benevolence and so wills it To the General Pardon Towns Col. 13.49 Sir Simon d'Ewe's Jour 467. Gol. 2. The Assent is thus Les Prelates Seigneurs Commons encest Parliament assembles an nom de toutes vous autres Subjets remercient tres humblement vostre Majestie prient à Dieu que il vous donne en sante bon vie longue The Prelates Lords and Commons in this Parliament assembled in the Name of all other your Subjects do most humbly thank your Majesty and do pray God to give you Health and a good and long Life A private or particular Act is always field Sir R. Atkin's Argument 57. Arc. Parl. 45. but never enrolled Every Bill that passeth the Parliament shall have Relation to the first Day of the Parliament though it come in at the End of the Parliament unless a Time be specially appointed by the Statute when it shall commence If a Bill be admitted to be read Scobel 41. it is to be presented fairly written without any Razure or Interlineation together with a Breviat of the Heads of the Bill and unless it be so tendered the Speaker may refuse it Until the Bill be open'd Id. 42. no Man may speak to it An Act was read Towns c. 187. to which no Man offered to speak Whereupon Mr. Speaker stood up and said That if no Man speak it must be ingrossed i. e. Silence gives Consent It is the usual Rule of the Law Towns Col. 134. That where the Numbers of the Affirmative and Negative are equal Semper presumetur pro negante The Negatives by Custom are to carry it i. e. That the former Law is not to be changed When Votes are digested into a Bill Scobel 45. and that comes to be read or passed it is lawful to debate or argue against all or any Part thereof to alter or reject it Because Votes in order to a Bill are no further binding but that the Bill is to be presented containing those Votes and because the Bill gives Occasion of a more large Debate before it can pass into a Law every Member hath Liberty to offer his Reasons against it as well as give his Vote as often as it comes to a Question Ibid. When a Bill has been read the second Time and opened any Member may move to have it amended but must speak but once to it and therefore must take all his Exceptions to it and every Part of it at one Time for in the Debate of a Bill no Man may speak but once the same Day except the Bill be read any more than once that Day and then he may speak as often as it is read Id. 58. 23 Junii 1604. It was agreed for a Rule If a Bill be continue in Speech from Day to Day one may not speak twice to the Matter of the same Bill Note His. Refor Vol. I. p. 144. A Bill was read in the House of Lords four Times Quere if in one Day CHAP. XVIII Concerning Committees A Committee of either House ought not by Law to publish their own Refults Rush Part. 3. Vol. 2. p. 74. neither are their Conclusions of any Force without the Confirmation of the House which hath the same Power of controuling them as if the Matter had never been debated Committees are such as either the Lords in the Higher House Sir Tho. Smyth 's Common-Wealth 75. or Commons 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 Proceeding in a Committee is more honourable and advantageous to the King and the House Rush Col. 557. for that Way leads most to the Truth And it is a more free and open Way where every Man may add his Reason and make Answer upon the hearing of other Mens Reasons and Arguments For Referring a Bill to Committees Sir Simon d'Ewe 's Jour 186. it is chiefly for Amendment or Alteration thereof after it hath been penned and put into the House by some one or
down to the Bar and so to bring up his Report to the Table If the Committee cannot perfect the Business at that Sitting Ibid. they may not adjourn as other Committees but a Question is to be made for reporting to the House and that Leave be asked That the Committee may sit at another Time on that Business But if as it sometimes falls out Ibid. the Matter hath received a full Debate in the Committee and it is judged fit to be resolved in the House the Speaker is again called to the Chair for that Purpose In other Things the Rules of Proceedings are to be the same as are in the House Id. 39. 4 Junii Ibid. 1607. Agreed for a Rule That every Question upon the Voices of a Committee bindeth and cannot be altered by themselves Every Thing directed Ibid. and agreed to be reported ought to be accordingly reported but not every Thing spoken or debated at a Committee 15 Maii Id. 36. 22 Jac. 1. Upon Complaint from the Grand Committee for Grievances That they had sent several Warrants for divers Persons to bring in their Patents which they had not done the House ordered the Serjant at Arms to send for them The Committee for Trade is sometimes made of a Grand Committee of the whole House Id. 9. as in 21 Jac. 1. andnow usually so The Committees for Religion Ibid. Grievances and Courts of Justice are always Grand Committees of the House which are to sit in the Afternoon upon such Days as the House doth appoint to them respectively 8 13 Martii Id. 36. 21 Jac. 1. Upon Report from the Committee for Trade which then was a Grand Committee the House was moved for their Order to the Merchants Adventurers to bring in their Patents and that the Inventor of the pretermitted Customs should attend the Committee The Commons Rush Col. 225. upon Debate of what fell from his Majesty and the Lord Keeper turned the House into a Grand Committee order'd the Doors to be locked and no Members to go forth and that all Proceedings in all other Committees shall cease till the House come to a Resolution in this Business CHAP. XX. Of Standing Committees THE Commons being the General Inquisitors of the Realm 4 Inst 11. have principal Care in the Beginning of the Parliament to appoint Days of Committees viz. of Grievances both in the Church and Commonwealth of Courts of Justice of Privileges and Advancement of Trade In Parliament there have usually been five Standing Committees appointed in the Beginning of the Parliament Scobel 9. and remaining during all the Session other Committees are made occasionally and dissolved after the Business committed to them is reported Standing Committees are for Privileges and Elections Ibid. Religion Grievances Courts of Justice Trade These Committees when they meet 4. Inst 12. they elect one of them to sit in their Chair in Likeness of the Speaker The Committee may examine and vote the Questions handled by them and by one whom they appoint report their Resolutions to the House and the House sitting the Speaker to determine the same by Question The Committees for Religion Scobel 9. Grievances and Courts of Justice are always Grand Committees of the House which are to sit in the Afternoon upon such Days as the House doth appoint to them respectively The Committee for Trade hath sometimes been a select Committee Ibid. particularly named and all such Members as should come to it to have Voices as in Nov. 1640. Sometimes a Grand Committee of the whole House as 21 Jac. 1. The Committee for Privileges and Elections hath always had the Precedence of all other Committees Id. 10. being commonly the first Committee appointed and ordinarily the first Day after or the same Day the Speaker doth take his Place This Committee is constituted of particular Numbers named by the House Ibid. 21 Jac. 1. Ibid. Upon naming a Committee for Privileges and Elections a Motion was made That all that come should have Voices but insisted on to be contrary to all former Precedents A Question was put Whether all that come should have Voices at the Committee and passed in the Negative Another being put Whether the Persons nominated only should be of the Committee it was resolved in the Affirmative In the Journal 26 February Id. 11. 1600. 42 Eliz. the Power anciently given to this Committee is to examine and make Report of all Cases touching Elections and Returns and all Cases for Privileges as may fall out during the Parliament But in other Parliaments both before and since that Power doth not appear to have been given them so absolutely but Matters of Privilege were upon Information to the House there heard and not in a Committee unless in some special Cases wherein there was Cause of Examination or some Preparation of a Charge Council may be admitted at that Committee Id. 11. The Power of this Committee usually was as it is enter'd in Nov. 1640. Id. 12. to examine and consider all Questions which shall grow and arise in that Parliament about Elections Returns and other Privileges Or as in 1 Jac. 1. this Committee are to examine all Matters questionable touching Privileges and Returns and to acquaint the House with their Proceedings from Time to Time so as Order may be taken according to the Occasion and agreeable with ancient Customs and Precedents And to the End these Questions may be speedily determined Ibid. and the House may know their Members Days are usually assign'd beyond which there shall be no questioning a former Election So in the Parliament 21 Jac. 1. Ibid. it was ordered That all Petitions about Elections and Returns should be preferred to the Committee of Privileges within a Fortnight from that Day or else to be silenced for that Session 16 April Id. 13. 1640. Ordered That those who would question Elections should do it within ten Days by Petition 6 Nov. 1640. Ordered Ibid. That all such as will question Elections now returned shall do it in fourteen Days and so within fourteen Days after any new Return Some Questions have been where there have been double Indentures returned for several Persons for the same Place whether all or any or which shall sit Id. 13. The general Rule and Practice hath been in such Case That neither one nor other shall sit in the House till it were either decided or ordered by the House 17 April 19 Jac. 1. Ordered Id. 16. That no Petition shall be received by a Committee but openly at a Committee and read at the Committee before the Party go that perferred it and the Party's Name that preferred it be subscribed In the Parliament 21 Jac. 1. Resolved Id 17. That all Assidavits to be taken in any Court concerning Elections Returns or any Thing depending thereupon should be rejected and not hereafter to be used Though the Committee examine not upon Oath Ibid. yet they may punish any that shall testify untruly of which there was an Instance in the Case of one Damport
of 7 H. 4. which prescribes the Manner of the Election of Knights and Burgesses it is Enacted That the Election shall be by Indenture between the Sheriff and the Freeholders and that the Indenture shall be the Return of the Sheriff It was also said That the Precedents do warrant this Judgment viz. 1. One Precedent of 39 H. 6. where a Person outlawed was adjudged a sufficient Member of Parliament Another 1 Eliz. and at that Time one Gargrave who was a Man learned in the Law was Speaker and of the Queen's Council 2. Another was the Case of one Fludd in the 23d of the Queen who being outlawed was adjudged That he should be privileged by Parliament and at that Time the Lord Chief Justice Popham was Speaker And 3. In the 35th of Elizabeth there were three Precedents scil one of Fitz-Herbert another of one Killegrew being outlawed in fifty two Outlawries and the third of Sir Walter Harecourt being outlawed in eighteen Outlawries But after this Sentence and Judgment of the Parliament the King's Highness was displeased with it because the second Writ emanavit by his Assent and by the Advice of his Council And therefore it was moved to the Judges in the Upper-House Note Whether a Person outlawed could be a Member of Parliament who gave their Opinions that he could not And they all except Williams agreed That the Pardon without a Scire facias did not help him but that he was outlawed to that Purpose as if no Pardon had been granted And upon this the Lords sent to the Lower-House desiring a Conference with them concerning this Matter which Conference the Lower-House after some Deliberation denied for these Reasons 1. Because they had given their Judgment before and therefore they could not have Conference de re Judicata as in like Manner they did 27 Queen Eliz. upon a Bill that came from the Lords and was rejected by Sentence upon the first Reading Sir Walter Mildmay being then of the Privy Council and of the House 2. Because they ought not to give any Accompt of their Actions to any other Person but to the King himself This Answer the Lords did ill resent and therefore refused Conference in other Matters concerning Wards and Respite of Homages and Purveyors and also they sent to the King to inform him of it But before their Messengers came to the King two of the Privy Council scilicet Sir John Stanhope and Sir John Herbert were sent to the King by the Lower-House to inform him that they had heard that his Grace was displeased with the House for their Sentence given for Sir Francis Goodwyn as well as in the Matter of the Sentence which was as they heard said to be against Law as also for the Manner of their Proceedings being done hastily without Calling to it either Sir John Fortescue or his Council or without making his Grace acquainted with it And therefore they desired his Grace to understand the Truth of this Matter and also told him That they were ready with his good Leave with their Speaker to attend his Majesty to give him Satisfaction about their Proceedings But the King told them they came too late and that it ought to have been done sooner calling the House Rash and Inconsiderate But yet notwithstanding he was content to hear their Speaker in the Morning at Eight of the Clock Upon this Message Committees were chosen to consider of the Things and Matters aforesaid which should be delivered to the King in Satisfaction of the Sentence given by the House which afterwards were considered of and digested by the Speaker and Committees in three Points viz. 1. In the Reasons and Motives of their Resolutions 2. In the Precedents which were those I before have reported 3. And in Matters of Law Which were those Matters of Law also before reported by me with another Addition That in the Time of Henry the Sixth the Speaker of the Parliament was arrested in Execution at the Suit of the Duke of York and the Question being put to the Judges at that Time See Bohun's Col. p. 277. Whether the Speaker ought to have his Privilege it was said by them That they were Judges of the Law and not Judges of Parliament The Reasons and Motives were the free Election of the County the Request of one of the House the double Return of the Sheriff with a Commemoration of the Length of the Time since the Outlawries and with that the Payment of the Debts To this Report the King answered That he now ought to change his Tune which he used in his first Oration scilicet Thanksgiving to Grief and Reproof But he said That it was as necessary they should be reproved as congratulated and therefore he cited a parcel of Scriptures wherein God had so done with his People Israel nay with King David the People whom he tendered as the Apple of his Eye and David who was a Man after his own Heart He said It seems antiently to be a Privy Counsellor was incompatible with being a Member of Parliament or Publick Counsellor That since Sir Francis Goodwyn was received by the House upon Reasons and Motives inducing the House thereunto so the King upon Reason too took Consideration of Sir John Fortescue being one of the Council an ancient Counsellor a Counsellor not chosen by the King but by his Predecessors and so he found him and therefore he endeavoured to grace him being the only Man of them that had been disgraced the King protesting that he would not for any Thing in the World offer unjustly any Disgrace to any Man in the Nation Besides he did not proceed rashly as they had proceeded but upon Deliberation with double Advice as well with that of his Council as with that of his Judges And in his answering the Precedents Quere If the King himself was not here too over weening he said That those were his own proper Records and to use them against himself was over-great Weenings But in Precedents he said that they ought to respect Times and Persons and therefore said That Henry the Sixth's Time was troublesome he himself Weak and Impotent And as for the other Precedents they were in the Time of a Woman which Sex was not capable of Mature Deliberation and so he said where Infants are Kings whom he called Minors For the Law Part he referred to the Answer of his Judges who by the Lord Chief Justice gave these Resolutions They all unanimously agreeing in them 1. That the King alone and not the Parliament House had to do with the Returns of the Members of Parliament for from him the Writs issued and to him the Sheriff is commanded to make his Returns but when a Man is returned and sworn the Parliament-House hath to do with him and the Sheriff ought to Return the Outlawry if he knew it before his Return 2. They resolved clearly Thatan outlawed Person cannot by the Law be a Member of the Parliament-House but for that Cause
Sir Francis Popham being returned a Burgess for Chippenham by one Indenture Id. 14. and another Person returned for the same Place by another Indenture it was moved he might be admitted into the House till the Matter were determined But he was not so admitted and it was referred to the Committee for Privileges 21 Jac. 1. Id. 15. Two Indentures were return'd for Southwark the one returned Yarrow and Mingy the other Yarrow and Bromfeild Upon a Report from the Committee of Elections it was resolved That the Election and Return for Yarrow should stand good and that he should sit in the House 22 Martii Ibid. 21 Jac. 1. Sir John Jackson and Sir Thomas Beaumont were both returned for one Burgess's Place for Pontefract Ordered That the Committee take the Election into Consideration to Morrow and that in the mean Time the Parties forbear to come into the House CHAP. XXI A Session of Parliament and of Prorogations and Adjournments WHAT shall make a Session of Parliament See 1 Rol. R. 29. Hutton 61. 4 Inst 27. 1 Siderf 457. 1 Mod. Rep. 151 155. If several Bills are passed at one and the same Parliament none of them shall have Priority of the other for they are made all in one Day and Instant and each of them have relation to the first Day of the Parliament though in several Chapters and shall so be construed as if they had been all comprehended in one and the same Act of Parliament Sir W. Jones Rep. 22. Hob. 111. Bro. tit Parl. 86. and Relat. 35. Plowd 79.6 Levintz 9. Crooke says That though in Fiction of Law a Statute shall have relation to the first Day of the Parlaiment yet revera nothing is settled nor is it a perfect Statute till the Parliament is ended Jones ut sup 370. Vide cont ibid. 371. Hales Justice said That if the Parliament has several Prorogations and in the second or third Session an Act is made this shall not have relation to the Day of the Beginning of the Parliament that is to say to to the first Day of the first Session but only to the first Day of the same Session in which it is made Plowd 79.6 In a Session of Parliament though it continue never so many Weeks yet there is nothing prius aut posterius but all Things are held and taken as done at one and the same Time Rush Vol. I. Page 581. Jones in the Case of Sir John Elliot Ibid. p. 687. says We are Judges what shall be said a Session of Parliament Sed Quere de hoc The Passing of any Bill or Bills 4 Inst 27. by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session doth continue till that Session be prorogued or dissolved And this is evident by many Presidents in Parliament ancient and modern 14 Ed. 3. Ibid. On the first Monday a Grant of c. being given to the King was made a Statute and pass'd both Houses and had the Royal Assent thereunto yet after this the Parliament continued and divers Acts made and Petitions granted 3 Rich. 2 Declared by Act of Parliament Ibid. That the killing of John Imperial Ambassador of Genoa was High Treason yet the Parliament continued long after and divers Acts made c. 7 Hen. 4. Ibid. An Act made for certain Strangers departing the Realm c. yet the Parliament continued till Dec. 8. Hen. 4. 1 Hen. 7. Ibid. The Attainders of such as were returned Knights Citizens and Burgesses were revers'd by Act Parliament before they could sit in the House of Commons and the Parliament continued and divers Acts made 33 Hen. 8. Ibid. At the Beginning of the Parliament the Bill of Attainder against Queen Catherine Howard passed both Houses yet the Parliament continued and divers Acts passed Though Bills passed both Houses Ibid. and the Royal Assent be given thereto there is no Session until a Prorogation or a Dissolution The Diversity between a Prorogation and an Adjournment Ibid. or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed either or both Houses and had no Royal Assent to to them must at the next Assembly begin again Every several Session of Parliament is in Law a several Parliament Ibid. Hutton 61. Brook tit Parl. 86. But if it be but adjourned or continued then there is no Session and consequently all Things continue in the same State they were in before the Adjournment or Continuance The Titles of divers Acts of Parliament be 4 Inst 27. At the Session holden by Prorogation or by Adjournment and Prorogation but never by Continuance or Adjournment tantùm And the usual Form of Pleading is ad Sessionem tentam c. per Prorogationem The Adjournment or Continuance is much more beneficial for the Common-wealth 4 Inst 28. for expediting of Causes than a Prorogation The King desired the House of Commons not to make a Recess in the Easter Holidays Rush Col. 537 This Message for Non-recess was not well pleasing to the House Sir Robert Philips first resented it and took Notice That in 12 18 Jac. 1. upon the like Intimation the House resolved It was in their Power to adjourn or sit Hereafter said he this may be put upon us by Princes of less Piety Let a Committee consider hereof and of our Right herein and to make a Declaration Sir Edward Coke said The King makes a Prorogation but this House Adjourns itself The Commission of Adjournment we never read but say This House adjourns it self If the King writes to an Abbot for a Corody for a Vallet if it be ex rogatu though the Abbot yeilds to it it binds not Therefore I desire that it be entered That this be done ex Rogatu Regis And this Matter touching his Majesty's Pleasure about the Recess Rush Col. 537. was referred to a Committee and to consider the Power of the House to adjourn itself The Sovereign may adjourn the Parliament Sir Simon d'Ewe's Jour 318. Col. 2. as well as the Parliament adjourns itself When a Parliament is called 4 Inst 28. Hutton 61. Vid. Sir Simon d'Ewe's Jour 407. Col. 1. and doth sit and is dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention 18 Rich. 2. The Petitions of the Commons were answered 4 Inst 28. and a Judgment given in the King's Bench reversed but no Act passed Yet without Question it was a Session else the Judgment should not be of Force Many Times Judgments given in Parliament have been executed Ibid. the Parliament continuing before any Bill passed If divers Statutes be continued till the next Parliament Hutton 61. or next Session and there is a Parliament or Session and nothing done therein as to Continuance all the said Statutes are discontinued and gone 8 April Hakewel 180. 1604. In the last Session of the first Parliment of K.