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A43889 The manner how statutes are enacted in Parliament by passing of bills collected many yeares past out of the iournalls of the House of Commons by W. Hakewil ... ; together with a catalogue of the speakers names. Hakewill, William, 1574-1655. 1641 (1641) Wing H211; ESTC R11690 31,133 168

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of them should come to speake with certaine of the Lords in such matters as they had to say to them to the Commons house according to which message certaine of the Commons house were appointed and did give attendance on the morrow morning between 8. and nine of the clocke in the painted chamber sending in word by the Usher of their being there The Lords after a great pause at last came fotrh into the painted chamber the number of them were many and the persons of the principall Noblemen of that house after they had taken their places at a long table and used some conference amongst themselves they called for those of the Commons house to whom the Lord Treasurer in the name of all the rest present and absent said in effect That the Lords of the upper house could not but greatly mislike the dealing of the Commons house in their passage of that Bill especially for that they had passed the Bill with a Proviso annexed notwithstanding their sundry messages sent to them in his favour and lastly one message to have conference with them for resolution of such doubts as were moved wherein they tooke themselves greatly touched in honour and thought that the Commons house did not use that reverence towards them as they ought to doe The cause besides hee said was such as they saw no reason why the Commons house should proceed in that order for the Bill being signed by her Majesty hee said none might presume to alter or adde any thing to it without the assent of her Majesty which they for their parts durst not to doe for proofe whereof he shewed the Committees sundry provisoes in King H. 8 time annexed to the like Bill signed by the King inferring thereby that none might passe otherwise moreover he said that by the opinion of the Judges which were in the upper house the saving which was in the Bill was so sufficient as there needed no addition of such Proviso as the Commons house have annexed and therefore required them to know what reasons did lead them to proceed in this order This and some other large speeches being uttered to this end the Committees answered that their commission was onely to heare whit their Lordshippes would say they would returne and make report to the House and so attend upon them againe with answer When this was reported to the Commons house it moved them all greatly and gave occasion of many arguments and speeches all' generally misliking that kind of dealing with them and thinking their liberty much trenched on in three points One that they might not alter or adde to any Bill signed by the Queene Another that any conference should be looked for the Bill remaining with them except themselves saw cause to desire it And the third to yeeld a reason why they paffed the Bill in that sort After all these things were sufficiently debated an answer was agreed upon to bee returned to the Lords by the same Committees and they gave their attendance upon the same Lords in the same place to whom was said in effect by one of the Committees and by the consent of the rest That they had delivered to the Commons house the sense of that which their Lordships had said unto them which as they had conceived did stand upon two parts One on the manner of their proceeding in this case And the other on the matter wherein they had proceeded To both which they had commission from the house to make unto their Lordships this answer First That they were very sory that their Lordships had conceived such an opinion of the house as though they had forgotten their duty to them praying their Lordships to thinke that the Commons house did not want consideration of the Superiority of their honorable estate in respect of their honorable calling which they did acknowledge with all humblenesse protesting that they would yeeld unto their Lordships all dutifull respects so far as the same was not prejudiciall to the liberties of their house which it behooveth them to leave to their posterities in the same freedome they have received them And touching the particular case the manner of their proceedings as they thinke hath not bin any waits undutifull or unseemly For the Bill being sent from their Lordships to the Commons house received there within little space two readings and because upon the second reading some objections were made to let the course of the Bill the house thought fit to commit it which doth shew that they had no disposition to overthrow the Bill but to further it both in respect of her Majesties signature and that it came passed from their Lordships and whether the Lord whom it concerned had cause or not to thinke himselfe favourably used in being heard by the Comittees with his learned council they referred to their Lordships judgements That after the Committees report of their doings the house gave the Bill a third reading and so passed the same in such sort as now their Lordships heare it notwithstanding their sundry messages to the contrary And lastly notwithstanding their message of conference They said they could not otherwise have done without breach of their liberties for they tooke the order of Parliament to bee that when a Bill is passed in either house that house wherein the Bill remaineth may desire conference with the house that passed the Bill if they thinke good but not otherwis e and this Bill passing from the Lords to the Commons house they might desire conference but not their Lordships the Bill passing from themselves And thus much for the manner of their proceedings touching the matter wherein they have proceeded in that they annexed a proviso to this Bill the same being signed with her Majesties hand they thought they might lawfully do it without offence to her Majesty taking her signature to be only a recommendation of the cause to both the houses without which they could not treate of any Bill of that nature the house not being thereby concluded but that they might alter or adde any thing that should be thought meet either for her Majesty or the subject which proviso they have delivered upon good consideration not hastily and inconsiderately but upon great and sufficient reasons moving them praying their Lordship so to conceive it Neverthelesse to declare the reasons in particular to their Lordships as they were required on that part the house desired their Lordships to beare with them for that were to yeeld an account of their doings of things passed in their house which they could not in any wise agree unto being so prejudiciall to their liberties This speech finished the committees were willed by the Lords to returne unto the nether end of the Chamber and after some pause and consultation amongst the Lords they called againe the Committees and to them was said by the Lord Treasurer that the Lords had considered the answer that the Committees had brought to them from the Commons
house and touching the first part thereof he said that although through such information as was given them they might have cause to conceive amisse of the house in the manner of their proceedings yet because themselves were the truest reporters of their own actions and the best interpreters of their owne meanings the Lords did therefore accept thereof and rested satisfied with the same But touching the other part he once againe pressed the Committees to shew cause why the house added that Proviso which the Lords took to be suspitious the Bill as he said containing in it a saving that was sufficient for all causes that might happen To that was said by one of the Committees that they humbly thanked their Lordships that it pleased them to accept of their answeres to the first part but for the second which concerned the matter it selfe and the reasons that moved the house he said the Committees had no further authority to deale in having onely commission to deliver to their Lordships the answers which they received from their house Whereupon the Assembly brake up the Lords returning to the higher house and the Committees to their house where at their comming one of them reported their whole proceedings with the Lords where with the house was much satisfied seeing that so great a storme was so well calmed and the liberties of the house preserved which otherwise in time to come might have beene prejudiced in those three points before remembred which are indeed if they be well considered of great weight and importance The Bill as it appeared after passed no further the Lords notliking the Proviso nor the Commons house yeelding to the withdrawing of it for the causes afore declared Concerning amendments of Bills in the Iournall of 31. Hen. 8. Die veneris 23. die Maii existen. 15. Parliamenti A Bill passed both houses in one day HOdie per dominum vicegerent quedam introducta est Billa concedens Reg. Majestati authoritatem constituendi Episcopos in diversis locis hujus Regni sui quae quidem Billa prima secunda tertia vice lecta traditur Regis Attornato in domum communem deferend immediate per ipsos de domo commun● relata expedita Die Martis 24. die Junii 20. die Parliamenti post proroga c. A Bill by assent amended after it had passed both houses MEmorandum quod hodierno die concordatum est inter Proceros Cōmunes quod cum in Billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem ante festum Sancti Iohannis Baptiste qui hodierno die est repudiarent ut nunc alter dies illis ad easdem repudiend limitaretur qui eft duodecimus dies instantis mensis Junii ut eadem billa indicta sententia raderetur emendaretur Quod nota Die Sabbati 28. die Junii 24. die Parliamen post prorog. c. Concerning the adding of a Proviso by the Commons to a Bill by them sent up MEmorandum quod immediate post decessum prefati Willielmi Kingston aliorum Richardus Riche Miles ancellarius augmentationis reventionum coronae domini Regia alii de domo inferiori proceribus declaraverunt eos Regiam Majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres damas aut cuniculos ue Majestati pertinentes furaciter capient provisione quandam limitantem tempus accusationis per transgressoribus ejusdem Billae Regiamque Majestare eis petitionem suam hac in parte concessisse verum priusquam in domum Communem reversi sint dictam Billam per Willielm. Kingstone militem alios ad Proceres fuisse allatā Itaque prefatus Richardus Proceres nomine Communitatis rogavit ut vel predictam Billam illis remitterent ut illi hujusmodi provisionem eidem annecterent aut ut illis placeret talem provisionem componere eam dictae Billae annex in dom Communi mittere cui per dominum Canc. ex assensu Procerum responsum est quod si prefatus Richardus hujusmodi provision componeret eandemque Proceribus afferret illi circa eandem procederent prout inde causam cernerent A Catalogue of the Names of the Speakers of the Commons house of PARLIAMENT IN the reigne of William Rufus there was a great Councell or Parliament held at Rockingham as may bee collected out of the History of Eadmerus for he tearmeth the same Totius Regni Adunatio and saith that a certaine Knight came forth and stood before the people and spake in the name and behalfe of them all whereby the minde and consent of the people was understood who as is conceived was the Speaker of the Commons but the author nameth him not this is mentioned onely because of the antiquity thereof Petrus de Mountford 44 H. 3 That he was Speaker of the house of Commons may bee collected out of the Register of Saint Albane Fol. 207. where it is said that he Vice totius communitatis consented to the banishment of Adomar de Valence Bishop of Winchester by which also it may be conceived that the Lords and the Commons in that time sate in severall houses or at leastwise gave their assents severally Scroope 6. Ed. 3 Monsi William Trussell 13. Ed. 3. The Commons answer by his mouth and therefore it is conceived hee was their Speaker though not so named in the record Sir Peter de la Mare 49. Ed 3. Sir Thomas Hungerford 51. Ed. 3 This is the first named Speaker upon Record 51. Ed. 3. n. 89. Sir Peirce de la Mare 1. Rich. 2 Sir Iames Pickering 2. Rich. 2 Sir Iohn Goldesborough 3. R. 2 Sir Iohn Goldesborough 4. R. 2 Sir Richard Walgrave 5. Rich. 2 He was the first that made excuse desiring to be discharged for ought appearing in Record but the King commanded him upon his allegiance to except the place seeing hee was chosen by the Commons Sir Iames Pickering 6. Rich. 2 No Speaker recorded from 6. R. 2. to 17. Sir Iohn Bushye 17. Rich. 2 He was presented to the King in full Parliament by the Commons the first I finde so presented he was a speciall Minion to the King Sir Iohn Bushey 20. Rich. 2 There are many P●●●… Rol. of R. 2. which men●o● no Speaker as 11 13 14 15 16 18. Sir Iohn Bushey 21. Rich. 2 This Parliament was held in the Palace yard of Westminster in a long house built with timber of purpose left open at both ends both the houses fate together therein an especiall place made for the Speaker the cause of this extraordinary meeting was the impeachment of the Duke of Gloucester the Earle of Arundell and Warwicke Sir Iohn Cheyney 1. H. 4 He is stiled in the Roll not only Parlour but Procurator de les Commons the next day after he was presented he grew sicke and the Commons