were committed some to the Tower some to the Serjeant till they made a Submission and Recognition in the House and in the Country In the same Id. 106 107. One Levet for peremptorily exercising a Patent in Time of Prorogation which was adjudg'd a Grievance by the House in the last Session order'd to be sent for by the Serjeant at Arms. CHAP. VII Power of Parliament over their own Members THE 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 and where they find cause Offences of this kind have been severely punish'd by Calling the Persons to the Bar to make Submission Committing him to the Tower the usual Prison to which the Commons do send Delinquents expelling the House disabling him to be a Member during that Parliament and sometime of any future Parliament 17 Maij 1572. Ibid. Vide d'Ewes Jour 212 Vid. Petyt's Miscell Parl. 12 13 c. Upon sundry Motions made by divers Members of the House it was ordered That Arthur Hall Esq for sundry Speeches used by him in the House and abroad shou'd be warned by the Serjeant to be at the House on Monday following and at the Bar to answer Matters charged against him and all such Persons as had noted his Words either in the House or abroad were forthwith to meet and set down the same words in writing and deliver the same to the Speaker On Monday Mr. Hall was brought to the Bar by the Serjeant was charged with several Articles and confessed his Folly and humbly submitted himself to the House and was remitted 8 Febr. 1585. Id 73. Vide Sir Simon d'Ewes Journal 244. Col. 1. Peter Wentworth Esq one of the Burgesses for Tregony in the County of Cornwal was for violence and wicked words uttered by him in the House touching the Queen sequester'd and being brought to the Bar by the Serjeant to whom he was committed received this Judgment by the Mouth of the Speaker That he shou'd be committed close Prisoner to the Tower till the House take further Consideration concerning him 4 Febr. 1580. Id 74 75. Vide Sir Simon d'Ewes Jour 296 297 298. Vid. Petyts Miscell Parl. a. p. 20 ad p. 63. 23 Eliz. Complaint was made in the House against Arthur Hall Esq spoken of before who had caus'd a Book to be printed where were published the Conferences of the House and in it was contained Matter of Reproach against some particular Members of the House derogatory to the General Authority Power and State of the House and prejudicial to the Validity of the Proceedings of the same The Matter was referr'd to a Committee to examine and upon Report thereof and bringing Mr. Hall to the Bar several Times to answer he was sentenced by the House to be committed to the Tower as the Prison to this House there to remain for the space of Six months and so much longer as until he shou'd himself willingly make a Retraction of the said Book to the satisfaction of the House or of such Order as the House shou'd make during that Session That the said Arthur Hall shou'd be fined to the Queen Five hundred pounds for his said Offence That he shou'd be presently severed and cut off from being a Member of this House during this Parliament and a Writ to issue for Election of a new Burgess for the Borough of Grantham in his stead That the said Book shou'd be deemed and adjudged false and Erroneous Thereupon the said Mr. Hall was brought to the Bar to whom Mr. Speaker in the Name of the whole House pronounced the said Judgment in Form aforesaid and the Serjeant was commanded to take Charge of him and to convey him to the Tower and deliver him to the Lieutenant of the Tower by Warrant of this House to be signed by the Speaker It appeareth by the Journal 21 Nov. 1586. Ibid. That he was disabled for ever to serve in Parliament 17 Dec. 1584. Id. 76. Vide Sir Simon d'Ewes Jour 340 341 342. 27 Eliz. A Bill against Jesuits and Seminary Priests pass't upon the Question Dr. Parry only gave a Negative and after inveighed in violent Speeches against the whole Bill affirming it to savour of Treasons 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 Acknowledgment 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 Journal 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 deserveth 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 Monopolist and for other great and insufferable Crimes by him committed to the Abuse of his Majesty and grievous Oppression of the Subjects turn'd out of the House committed to the Tower and after impeached before the Lords who gave Judgment upon him Petyt's Miscel l Parl. 91 92 1. To be degraded of the Order of Knighthood 2. To stand perpetually in the degree of a person Outlawed 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
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 enjoy 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 Elsyng 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 Soveraign Sir R. Atkyns 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 meerly of Favour and may be refused them 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 an unfeigned and sincere Heart to do them service Scobel 5. Vide Sir S. d'Ewes Jour 43 44. The first Business in the House is ordinarily to read a Bill that was not pass't in the last Parliament preceeding or some new Bill as in that of 10 Jac. 1. 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 CHAP. XIII Business of the Speaker THE Mace is not carried before the Speaker Elsyng 153. until his Return being presented to the King and allow'd of Modus tenend Part. 36. Smith's Common-wealth 84. The Speaker sits in a Chair placed somewhat high to be seen and heard the better of all the Clerks of the House sit before him in a lower Seat who read Bills c. The Speaker's Office is Modus tenend Parl. 37. Smyth's Common-wealth 86. when a Bill is read as briefly as he may to declare the Effects thereof to the House That Day that the Speaker being approved by the King Haktwel 138 139. Sir Simon d'Ewes Jour 43 44. cometh down into the Commons House to take his Place the Custom is to read for that time only one Bill left unpast the last Sessions and no more to give him Seisin as it were 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 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 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 Journ 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 Socbel 20. Vid. Towns Coll. 216 217. Vide Sir S. d'Ewes Jour passim Scobel 65. Petyt's Miscell 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. Rush Coll. 660. 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 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 he Towns Coll. 263. Vide Sir S. d'Ewes Journ 659. Col. 1 2. with the whole House fell upon their Knees and so continued till she bid them stand up 35 Eliz. Mr. Speaker was sent for to the Court Towns Coll. 61. where the Queens Majesty her self gave him Commandment what to deliver to the House The Speaker 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 Coll. 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 Id. 1137.
at the foot of the Bill A cest Bill les Commons sont assentus 19 Dec. 1584. 27 Eliz. Sir Simon d'Ewes Jour 344. Col. 2. The House of Commons taking Exceptions about endorsing of Bills in the upper part of them whereas it ought to be done at the neither and lower part the Lords did very respectfully take away their said Grievance by the alteration of the Indorsments aforesaid according to the usual and ancient Form No Bill upon the third Reading Hak. 156. for the Matter or Body thereof may be recommitted but for some particular Clause or Proviso it hath been sometimes suffered but it is to be observed as a thing unusual after the third Reading It hath been much doubted Hakewel 157. whether when a Bill is in Debate for the Passage it ought not to receive the Resolution of the House the same day wherein it is first offer'd to the Passage but Precedents are where the Case being of some Importance and the Debate growing long the Argument hath been put over to the next day in which Case he that hath already spoken to the Bill the first day may not again speak the second no more than he may speak twice in one day where the Argument is not deferred to another day If a Bill be rejected Id 158. the same Bill may not be offer'd to the House again the same Session but if it be alter'd in any Point material both in the body and in the title it may be received the second time In the time of the Reading of a Bill Ibid. the House shou'd not be interrupted with any other Business and yet in 1 El. the House adjourn'd it self till the next day after the Bill for Sealing Clothes was half read only to be present at the Conference about Religion in Westminster-Abby Sometimes the House conceiving much Offence against some Bills Ibid. doth not only order them to be rejected but to be torn in the House When a Bill is thrice read Id. 159. and pass't in the House there ought to be no further Alteration thereof in any Point When the Speaker hath in his hands a convenient number of Bills ready passed as five or six Id. 175. or thereabouts he then putteth the House in mind of sending them up to the Lords and desireth the House to appoint Messengers who accordingly do appoint some one principal Member of the House for that purpose to whom the Bills are delivered in such order as he ought to present them to the Lords which is done by direction of the Speaker except the House be pleas'd to give special direction therein The Order which hath usually been observed in ranking of them Id. 176. is First to place them that came originally from the Lords Secondly those that being sent up to the Lords from the Commons House were sent back to be amended Thirdly publick Bills originally coming from the Commons House and they to be marshall'd according to their Degrees in Consequence Lastly are to be placed private Bills in such Order as the Speaker pleaseth Many times the House with a purpose especially to grace some one Bill sendeth it alone with a special Re-commendation thereof Ibid. the Messenger for this purpose is usually attended by thirty or forty of the House as they please and are affected to the Business The principal Messenger Id. 177. who delivers the Bills to the Lords coming in the first Rank of his Company to the Bar of the Lords House with three Congies telleth the Lords That the Knights Citizens and Burgesses of the Commons House have sent unto their Lordships certain Bills and then reading the Title of every Bill as it lyeth in order so delivereth the same in an humble manner to the Lord Chancellor who of purpose cometh to receive them Bills sent from the Lords to the Commons House Ibid. if they be ordinary Bills are sent down by Serjeants at Law or by two Doctors of the Civil Law being Masters of the Chancery and Attendants in the upper House accompanied sometimes with the Clerk of the Crown an Attendant there Id. 178. Bills of greater moment are usually sent down by some of the Judges Assistants there accompanied with some of the Masters of the Chancery who being admitted Entrance 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 again 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 call'd for When Bills are thus pass't 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 deferr'd 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'Ewes 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 Quens Consent is not required for the passing it but as it is joyn'd with 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 Queens express Consent tho' in different words is always requisite Febr. 9. 1597. 39 Eliz. Id. 127. Her Majesty gave her Royal Assent to twenty four publick Acts and nineteen private and refused forty eight which had pass't both Houses If it be a Publick Bill Towns 13. to which the King assenteth the Answer is Le Roy le veult The King wills it If a private Bill allow'd by the King the Answer is Soit fait come il est desire Be it done as is desired If a Publick Bill which the King forbears to allow Le Roy se avisera The King will consider To the Subsidy Bill Id. 12. Le Roy remercie ses loyaux Subjets accept lour Benevolence ainsi le veult The King thanks his loyal Subjects accepts their Benevolence and so wills it To the General Pardon Towns Coll. 13 49. Les
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 shou'd 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 Priviledges 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 did take his Place This Committee is constituted of particular Numbers named by the House Ibid. 21 Jac. 1. Ibid. Upon naming a Committee for Priviledges and Elections a Motion was made that all that come shou'd 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 pass't in the Negative Another Question being put Whether the Persons nominated only shou'd be of the Committee it was resolved in the Affirmative ters questionable touching Priviledges 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 determin'd 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. it was order'd Ibid. That all Petitions about Elections and Returns shou'd be preserred to the Committee of Priviledges within a Fortnight from that day or else to be silenced for that Session 16 Apr. 1640. Id. 13. Order'd That those who would question Elections shou'd do it within ten days by Petition 6 Nov. 1640. Ibid. Order'd That all such as will question Elections now return'd 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 return'd for several Persons for the same Place whether all or any or which shall sit Id. 13. The general Rule and Practise hath been in such Case that neither one nor other shall sit in the House till it were either decided or order'd by the House 17 Apr. 19 Jac. 1. Order'd 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 preferred it and the Parties Name that preferred it be subscribed In the Parliament 21 Jac. 1. Id. 17. Resolved That all Affidavits to be taken in any Court concerning Elections Returns or any Thing depending thereupon shou'd be rejected and not hereafter to be used Tho' the Committee examine not upon Oath Ibid. yet they may punish any that shall testifie untruly of which there was an Instance in the Case of one Damport Sir Francis Popham Id. 14. being return'd a Burgess for Chippenham by one Indenture and another Person return'd for the same Place by another Indenture it was moved he might be admitted into the House till the Matter were determin'd But he was not so admitted and it was referred to the Committee for Priviledges 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 shou'd stand good and that he shou'd sit in the House 22 Martij 21 Jac. 1. Ibid. Sir John Jackson and Sir Thomas Beaumont were both return'd for one Bargesses Place for Pontefract Order'd 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. XX. A Session of Parliament THE Passing of any Bill 4 Inst 27. or Bills 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 late 14 Ed. 3. Ibid. On the first Monday a Grant of c. being given to the King was made a Statute and pass't both Houses and had the Royal Assent thereunto yet after this the Parliament continued and divers Acts made and Petitions granted 3 Rich. 2. Ibid. Declared by Act of Parliament 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 reversed by Act of 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 pass't both Houses yet the Parliament continued and divers Acts pass't Tho' Bills pass 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 pass't either or both Houses and had no Royal Assent 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 Commonwealth for expediting of Causes 4 Inst 28. than a Prorogation The King desired the House of Commons not to make a Recess in the Easter Holy-days This Message for Non-recess was not well-pleasing to the House Sir Robert Philips first resented it and took Notice Rush Coll. 537. that in 12 and 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 out Right herein and to make a Declaration Sir Edward Coke said The King makes a Prorogation but this House Adjourns
a Member of the same and being either in Service of Ambassage or else in Execution or visited with Sickness a shall not in any ways be amoved from their place in this House nor any other to be during such Time of Service Execution or Sickness elected 31 Eliz. 1588. Id. 439. It was assented to by the whole House That none after the House is set do depart before the rising of the same House unless he do first ask leave of Mr. Speaker on pain of paying six pence to the Vse of the Poor If a Lord depart from Parliament without license 4 Inst 44. it is an Offence done out of the Parliament and is finable by the Lords and so it is of a Member of the House of Commons he may be fined by the House of Commons It doth not belong to the Judges to judge of any Law 4 Inst 50. Rot. Parl. 31 H. 6. n. 27. Custom or Priviledge of Parliament Cardinal Wolsey coming to the lower House of Parliament Herbert's Hen 8.136 told them That he desired to reason with them who opposed his Demands but being answered That it was the Order of that House to hear and not to reason but among themselves the Cardinal departed It any sit in the House Scobel 84. who are not returned by the Clerk of the Crown in Chancery it is accounted a great Crime and severely punish'd 5 Martij 1557. Ibid. 4 5 Ph. Mar. For that Christopher Pern affirmed That he is return'd a Burgess for Plimpton in Devon and hath brought no Warrant thereof to the House nor is return'd hither by the Clerk of the Crown by Book or Warrant he is awarded to be in the Custody of the Serjeant till the House have further consider'd 13 Eliz. 1571. The House was call'd and thereupon Edward Lewknor Sir Simon d'Ewes Jour 156. Col. 1 2. John Bullock Nicholas Plum-tree Edward Goodwyn and John Garnons were commanded to attend the Order of this House to morrow for that the House being this day called they had entred into the House and had not as then been returned by the Clerk of the Crown except Garnons whose Case is for that he is said to be Excommunicated 9 Jan. 1562. Scobel 85. For that it seem'd to the House being very full that there were a greater Number than was return'd therefore the Names were immediately call'd over and as they were call'd departed out of the House 7 Febr. 1588. Ibid. The House was call'd and every one answer'd to his Name and departed out of the House as they were call'd Chiefly the Calling of the House is Ibid. to discover what Members are absent without leave of the House or just Cause in which case Fines have been imposed If the House be call'd Ibid. the manner has been to call over the Names and each Member to stand up at the mention of his Name uncovering his head Such as are present are marked and the Defaulters call'd over again the same day sometimes the day after sometimes summon'd sometimes sent for by the Serjeant Upon Calling the House Ibid. if the Person be present he riseth up bare-headed and answereth if absent he is either excused and so entred Licentiatur per speciale Servitium excusatur ex gratiâ or aegrotat or if none excuse him he is entred Desicit That no man may sit in the House Id. 86. Vide Sir S. d'Ewes Jour passim till he be legally return'd appears by several Instances of Persons who were not Members and for coming into the House were brought to the Bar and some committed and some sworn before they departed to keep secret what they had heard there 5 Apr. 1571. Sir Simon d'Ewes Jour 156. Col. 1. 13 Eliz. Thomas Clerk and Anthony Bull of the Inner Temple London Gent. were by this House committed to the Serjeants Ward until further Order shou'd be taken with them for that they presumed to enter into this House and were no Members of the same as themselves at the Bar confessed 18 Eliz. 1575. Id. 248. Col. 1. Charles Johnson of the Inner Temple Gent. committed to the Serjeants Ward till further Order be taken by this House for coming into this House this present day the House sitting confessing himself to be no Member of this House 27 Eliz. 1584. Charles Morgan Gent. Servant to Sir George Cary Id. 334. Col. 1. Knight of a Shire being himself no Member of this House was found to be standing within the House next to the Door and as it was thought of meer ignorance and simplicity without any evil purpose or meaning and therefore was committed by Order of the House to the Serjeants Ward 30 Nov. eodem An. â—ichard Robinson being found to be sitting in the House by the space of two hours while several Speeches were made was stript to his Shirt Ibid. Col. 1. and his Pockets searched and being brought to the Bar was censured by the House after taking the Oaths to suffer Imprisonment in the Serjeants Ward till Saturday next and then having sworn to keep secret what he had heard to be released 28 Eliz. 1586. Id. 394. Col. 2. Edmond Moor and John Turner presumed to come into the House being no Members and upon their Submission discharged because it was done of simplicity and meer ignorance Id. 394. Col. 2. So John Legg Vide id 486. Col. 2. So Matthew Jones Id. 511. Col. 1. So William Hanner Id. 288. Col 2. Petitions are usually presented by Members of the same County Scobel 87. If they be concerning private Persons they are to be subscribed and the Persons presenting them call'd in to the Bar to avow the Substance of the Petition especially if it be a Complaint against any 18 Nov. 1640. Ibid. One Vivers presented a Petition in the Name of the Mayor Aldermen Burgesses and other Inhabitants of Banbury was call'd in and did acknowledge the Hand to the Petition to be his and that he did deliver it by Order and on behalf of the Town of Banbury and thereupon it was committed The like in the same Parliament Ibid. upon reading the Petition of one Ward of Salop and likewise on reading the Petition of Henry Hogan 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 Tho' the Committee examine not upon Oath Id. 17. yet they may punish any that shall testifie untruly In the Parliament Hakewel 93. if the greatest part of the Knights of the Shire do assent to the making of an Act of Parliament and the lesser part will not agree to it yet this is a good Act or Statute to last in perpetuum and that the Law of Majoris partis is so in all Councels Elections c. both by the Rules of the Common Law and the Civil Tenants d'ancient Baronies
Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF THE PARLIAMENTS OF England By G. P. Esq With an APPENDIX of a Case in Parliament between Sir Francis Goodwyn and Sir John Fortescue for the Knights Place for the county of Bucks 1 Jac. 1. From an Original French Manuscript Translated into English 〈…〉 〈…〉 TO THE Most Supreme Court OF THE KINGDOM THE PARLIAMENT OF England The AUTHOR doth most humbly Dedicate this his small Treatise of the LAW and CUSTOM of PARLIAMENT THE PREFACE TO THE READER I Am very sensible that assoon as this Treatise is submitted to publick View 't will likewise meet with publick Censure and not a Few will be apt to start this Objection against it that it is only like an Old Piece in a New Dress These Things men will say have been done before the same Matter and much of the same Form are to be found in other Writers and this is but to obtrude upon the World 〈◊〉 vain Repetition of other mens Observations I must confess in part it is so and it must needs be so fo◠it is not to be expected that I shou'd presume to dictate Rules and Directions out of my own Fancy by which to govern or Influence Parliaments I must be beholding to Precedents and Records and tho' you shall find many of the same Notes scattered in my Lord Coke in Elsyng Hakewel Scobel and others yet I may adventure to say you shall no where meet them couched in so compendious and so useful a Method I have not only cull'd out of the before-mention'd and several other Authors what is proper and pertinent to this Design but I have gleaned from the Statutes Law-Books Reports and Histories whatsoever I met with in my inquisitive Re-searches beyond All that has been before placed in any Collection and which may be applicable to this Vndertaking All Members ought to be throughly skill'd in Parliamentary Affairs to know their own Laws and Customs their Powers and Priviledges that they may not at any time suffer Invasions to be made upon them by what plausible Pretences soever but as it is impossible for men of the most tenacious Faculties to keep all things constantly in their minds therefore this is to ease and refresh their Memories in case of any Forgetfulness and they may with a very little Trouble have always this in their Pockets which perhaps some may not be able without a great deal of Trouble to carry always in their Heads When he that is conversant in Study and Books cannot carry a Library about him he may easily recollect what is expedient for him from the Supplement of this Epitome Such as shall hereafter be promoted to that honourable Station of being Senators of the Kingdom will find it much more easie to receive short Information from this little Manual than to be obliged on every Occasion to consult the publick Records and turn over wearisome Volumes And they who do not expect Admission into a Parliament House will yet receive this as no unprofitable Diversion to observe and know the admirable method of Parliamentary Proceedings the Exactness and Decency of their Orders the Wisdom and Prudence of their Customs the Extent of their Powers and the Largeness of their Priviledges Wherefore without any Flattering or Arrogance to my self I shall make bold to tell you I am verily perswaded that what I have taken pains to collect from several Books and to digest into this small Compass for my own Convenience and Information will conduce to the general Satisfaction of all that read it which was one main Reason that induced me to publish it THE HEADS Of the several CHAPTERS Contained in this TREATISE CHAP. 1. THE Parliament Page 1 CHAP. 2. Power of Parliament Page 18 CHAP. 3. The House of Lords Page 41 CHAP. 4. Power of the House of Lords Page 53 CHAP. 5. House of Commons Page 61 CHAP. 6. Power of the House of Commons Page 66 CHAP. 7. Power of Parliament over their own Members Page 87 CHAP. 8. Elections of Members Page 104 CHAP. 9. Who may be Electors Page 113 CHAP. 10. Who may be Elected Page 115 CHAP. 11. Returns of Sheriffs and Amendments of Returns Page 125 CHAP. 12. Election of Speaker Page 130 CHAP. 13. Business of the Speaker Page 141 CHAP. 14. Orders to be observed in the House Page 148 CHAP. 15. Orders of the House Page 156 CHAP. 16. Passing of Bills Page 174. CHAP. 17. Concerning Committees Page 202 CHAP. 18. The Order and Power of Grand Committees Page 215 CHAP. 19. Concerning standing Committees Page 222 CHAP. 20. A Session of Parliament Page 229 CHAP. 21. The proper Laws and Customs of Parliament Page 235 CHAP. 22. Priviledge of Parliament Page 257 The Appendix Page 299 The NAMES of the AUTHORS quoted in this TREATISE ATkyns Sir Robert 's Argument of the Power and Jurisdiction of Parliament Arcana Parliamentaria Brook Brownlow Coke on Littleton Coke 's fourth Institute Coke 's Twelfth Report Crompton 's Jurisdiction c. Dyer Elsyng d'Ewes Sir Simond 's Journal Fortescue Hakewel Herbert 's Henry the Eighth Hollis Lord. Holling shead Hunt Hutton Kelwey Knyghton de Eventibus Angliae Leonard 's Reports Modus tenendi Parliamentum Moor 's Reports Nalson 's Collections Petyt 's Ancient Rights c. Petyt 's Miscellanea Parliamentaria Plowden Rushworth 's Collections Scobel Selden 's Judicature Smyth Sir Thomas Common-wealth of England Speed 's History Townsend 's Collections Turner 's Bankers Case Vaughan 's Reports CHAP. I. The Parliament IT is called Parliamentum Co sup Littleton 110. because every Member of that Court shou'd parler le ment speak his mind Mr. Lambard in his Archion maintains Sir R. Atkyns Argument c. p. 18. That the Parliament was used in the Saxons time and then consisted of the King Lords and Commons as in the Time of King Ina Ann. 712. Mr. Prinn says Mr. Prynn's Truth triumphing over Falshood Antiquity over Novelty fol. 69. Pttyt's Ancient Right c. p. 68. by all the ancient Precedents before the Conquest it is most apparent That all our pristine Synods and Councils were nought else but Parliaments That our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voting in them as Members and Judges They had many Expressions and Phrases as Id. 98 99. Omnes Regni Nobiles Totius Regni Magnates Proceres Fideles Regni Vniversitas Regni Clerus Populus Communitas Regni Discretio totius Regni Generale Concilium Regni and many more varying in several Ages till at last they fixed on the word Parliamentum Vide many Records and Precedents touching this Matter in the Appendix to Petyt's Miscellanea Parliamentaria This Court is the highest Court of England Crompton's Juris p. 1. in which the Prince himself sits in Person and comes there at the Beginning of the Parliament and at the End and at any other Time when he pleaseth during the Parliament The Judges
Law the Act of the whole Parliament and what concerns the one must of necessity concern the whole not meerly by Consequence but by an immediate Concernment as being one and entire The three Estates of Parliament are one entire Body Id. 34 41 51 55. and Corporation all their Powers and Priviledges in the Right of them and in the Title to them are entire per my per tout and belonging to the whole Body of the Parliament tho' in the Exercise of those Powers and sometime in the Claim of them they are distinguish'd and in the Practise of their Powers they are in many Things distributed into Parts All the Estates in Parliament are all call'd by one common Name Ibid. as Commune Concilium Regni Magna Curia they are one Body Politic It is said by Fineux Chief Justice That the Parliament at the Common-Law consists of the King Lords and Commons and they are but one Body Corporate The Liberties and Franchises of the Parliament Id. 55. in the Right of them are entire and due to both Houses for both make up the Parliament Knighton one of our best Historians doth notably disclose the ancient ends of calling Parliaments Knyghton de Eventibus Angliae l. 5. f. 2681. Col. 1 2. Petyt's Rights c. in Pref. p. 43 44. in saying Quod ex Antiquo Statuto Consuetudine laudabili approbata c. That by an ancient Statute and Custome laudable and approved which no man could deny the King was once in the year to convene his Lords and Commons to his Court of Parliament as to the highest Court in the whole Realm In qua omnis Aequitas relucere deberet absque qualibet Scrupulositate vel nota tanquam Sol in Ascensu Meridiei ubi Pauperes Divites pro Refrigerio Tranquilitatis Pacis Repulsione Injuriarum Refugium Infallibile quaerere possent ac etiam Errata Regni reformare de Statu Gubernatione Regis Regni cum Sapientiori Concilio tractare ut Inimici Regis Regni Intrinseci Hostes Extrinseci destruantur repellantur qualiter quoque Onera incumbentia Regi Regno levius ad Ediam Communitatis Supportari potuerunt i. e. In which Court all Equity ought to shine forth without the least Cloud or Shadow like the Sun in its Meridian Glory where Poor and Rich refreshed with Peace and Ease of their Oppressions may always find infallible and sure Refuge and Succour the Grievances of the Kingdom redressed and the state of the King and Government of the Realm debated with wiser Councels the Domestick and Foreign Enemies of the King and Kingdom destroy'd and repelled and to consider how the Charges and Burthens of both may be sustained with more Ease to the People The House of Lords cannot exercise any Power Sir R. Atkin's Argument f. 51. as an House of Parliament or as a Court for Errors without the House of Commons be in Being at the same Time Both Houses must be prorogued together and dissolved together By the Law Parliaments ought to be very frequent Id. 59. Before the Conquest as it is untruly call'd by the Law Parliaments were to be held twice a year as appears by King Edgar's Laws So it was ordained by King Alfred By the Stat. of 4 Ed. 3. c. 14. Parliaments ought to be once a year and oftner if need be And in 36 Ed. 3. c. 10. to be once a year without Restriction if need be By 16 Car. 2. c. 1. these Acts are declared to be in Force and further it is declared and enacted That the holding of Parliaments shall not be discontinued above three years at the most The Parliament is a Court of very great Honour and Justice Plow Com. 398. of which no man ought to imagine a Thing dishonourable An Offence committed in Parliament is a very high Offence Sir R. Atkyns Arg. 60. but the higher it is the more proper it is for their Judicature and that Court is arm'd with a Power to punish the highest Offences and the highest Offenders A Parliament may err Ibid. for they are not infallible but the Law hath provided a Remedy against those Errors and a way to reform them A subsequent Parliament may reform the Errors of a preceding Parliament But to say that they will be Partial Ibid. or Unjust or Corrupt or do any Thing out of Malice is to raise a Scandal upon the whole Nation whose Representative they are If any Offence whatever be committed in the Parliament by any particular Members Ibid. it is an high Infringment of the Right and Priviledge of Parliament for any Person or Court to take the least Notice of it till the House it self either has punish'd the Offender or referred them to a due or proper Course of Punishment To do otherwise would be to make the Highest Court an Offender and to charge them with Injustice Their Right and Priviledge so far extends Id 61. that not only what is done in the very House sitting the Parliament but whatever is done relating to them or in pursuance of their Order during the Parliament is no where else to be punish'd but by Themselves or a succeeding Parliament tho' done out of the House Either House doth ever for the most part shew it self so careful to keep firm Correspondence with the other Sir Simon d'Ewes Journal 186. as that when a Bill hath pass't either of the said Houses and is sent to the other it doth for the most part pass and is neither dash'd nor alter'd without very great Cause upon mature deliberation and usually also not without Conference desir'd and had thereupon that so full Satisfaction may be given to that House from which the Bill so rejected or alter'd was sent Pessima Gens humani Generis always abhorr'd a Parliament Preface to Petyt's Miscel Parlementar and the reason thereof is demonstrative because they all knew they shou'd then be call'd to an impartial and strict Account and be punish'd according to their Demerits It was said by the Lord Bacon to Sir Lionel Cranfeild Ibid. newly made Lord Treasurer That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observ'd which was Remember a Parliament will come The King at no Time stands so highly in his Estate Royal Petyt's Miscel Parliament 9. Vid. Cromp. Jur. 10. as in the Time of Parliament wherein the King as Head and they as Members are conjoyn'd and knit together into one Body Politic so as whatsoever Injury during that Time is offer'd to the meanest Members of the House is to be judged as done against the King's Person and the whole Court of Parliament The Prerogative of Parliament is so great Ibid. That all Acts and Processes coming out of any inferior Courts must cease and give place to the highest Statutes in England are made
or Bills Contrariwise when any Answer is to be delivered by the Lord Keeper c. In passing of Bills Arc. Parl. 5. if the Not Contents be most then the Bill is dash't i. e. the Law is annihilated and goeth no further If the Contents be the most then the Clerk writeth underneath Soit baile aux Commons 3 Car. 1. 1626. Rash Coll. 365. Resolved upon the Question That the Priviledge of this House is that no Lord of Parliament the Parliament sitting or within the usual Time of Priviledges of Parliament is to be imprison'd or restrain'd without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace Giving the Lye to a Peer is a Breach of Priviledge 2 Nalson 380. Ever since the Conquest the Arch-Bishops Hakewel 84. Vide Kelwey 184. Vide Lord Hollis's Letter Vide Lord Hollis's Remains Vid. contra Hunt's Argument for the Bishops Right c. Vid. Grand Question concerning Bishops Right per. totum and Bishops have no Title to have Voice and Place in Parliament but only in respect of their Temporal Baronies where they are present quousque perveniatur ad Diminutionem c. When a Question is had of the Attainder of any Peer Hakewel 84. Vid. contra Hunt ut suprà per tot Vid. Grand Question concerning Bishops Right c. per totum Selden of Judicature c. p. 150. or other in Parliament the Arch-Bishops and Bishops depart the Higher House and do make their Proxies for by the Decrees of the Church they may not be Judges of Life and Death 11 Rich. 2. Divers Lords and others being appealed of Treason and other Misdemeanors the Prelates absented themselves during the Trial having first made Protestation saving their Right to be present in Parliament * Vid. there the Protestation of the Bishops for ever Id. 151. The Protestation I think intends That they could not be present by reason of the Common Law and by reason of an Ordinance made at the Council at Westminster in 21 Hen. 2. by which all Clergy-men were forbidden agitare Judicium Sanguinis upon Pain to be deprived both of Dignities and Orders For surely as I think they might otherwise have been present both by the Common Law and by the Law of God All the Lords Spiritual and Temporal Selden's Judicature c. 39. 11 Rich. 2. claimed as their Liberty and Franchise that the great Matters moved in this Parliament and to be moved in other Parliaments in Time to come touching the Peers of the Land ought to be admeasured adjudged and discussed by the Course of the Parliament and not by the Civil Law nor by the Law of the Land used in the more base Courts of the Realm which the King granted in full Parliament The Proceeding against a Peer in Parliament is not necessary Id. 53. It appears that the Lords cannot of themselves judge a Common Person for an Offence Id. 61. for he is no Peer according to that of 4 E. 3. Numb 26. 1 Rich. 2. Id. 123. The Lord Beauchamp was sworn and examined and the Duke of Lancaster being one of the Committee was diligently examin'd before the rest of the said Committee but not sworn ad testificandum Earls and Dukes are not sworn In Judgments on Delinquents in Parliament Id. 132. the Commons might accusare petere Judicium the King assentire and the Lords only did judicare The King's Assent ought to be to Capital Judgments Id. 141. Vid. id 144 147 148 154 158. and the Lords Temporal to be only Judges therein and not the Lords Spiritual but in Misdemeanors the Lords Spiritual and Temporal are equal Judges and the King's Assent is not necessary Id. 136. yet it seemeth to me that the King's Assent is necessarily required in Capital Causes and Judgments If a Peer be committed to Prison the Gentleman Vsher hath the Charge of him thither and the Serjeant attending on the Great Seal How Lords of Parliament shall be placed in the Parliament Vide Stat. 31 Hen. 8. c. 10 Vid. 4 Inst 362. Rot. Parl. 3 H. 6. n. 10. and other Assemblies and Conferences of Council A Peer of the Realm shall be tried in an Appeal by Knights c. and not by his Peers Arcana Parl. 70. because it is at the Suit of the Party Brook 142 153. Otherwise it is in an Indictment of Treason or Felony for that it is at the Suit of the King Id. 71. The Duke of Somerset in the Time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment for it is the Suit of the King When a Lord of Parliament is tried by his Peers 1 Hen. 4.1 Id. 72. they shall not be sworn to say their Verdict but they shall give their Verdict upon their Honor and are not charged but upon their Honors A Lord of Parliament shall have Knights upon his Trial in every Action 27 Hen. 8. f. 27. A Lord of Parliament may be Outlawed for Murder 27 Hen. 8. f. 17. If a Lord of Parliament makes a Rescous 27 H. 8.27 a Capias shall be taken out against him if the Sheriff return the Rescous otherwise it is in Case of Debt A Capias ad Satisfaciendum does not lye against a Lord of Parliament 11 H. 4.15 27 Hen. 8.27 for the Law presumes that he has Assets An Attachment is not grantable by the Common Law Dyer 316. Statute Law Custom or Precedent against a Lord of Parliament and the Lord Cromwel by Order in the Parliament-Chamber was discharged of such Process In a Praemunire against a Lord of Parliament Arc. Parl. 98. he ought to appeear in his proper Person and not by Attorny unless he has a special Writ of Chancery CHAP. IV. Power of the House of Lords A Peer of the Realm being Indicted of Treason 4 Inst 23. or Felony or Misprision of Treason may be Arraigned thereof in Parliament a Lord Steward being appointed and then the Lords Spiritual shall make a Procurator for them and the Lords as Peers of the Realm during the Parliament are Judges whether the Offence be Treason c. that is supposed to be committed by any Peer of the Realm and not the Justices Many notable Judgments by the Lords Ibid. Vide Rush Coll. passim Vid. Nalson at the Prosecution of the Commons and in later Times Error serra sue in Parliament Vid. Crompton 18. b. Parliament poet prendre Recognizance Brook 137. Error Error shall be sued in Parliament and the Parliament may take Recognizance If a Judgment be given in the King's Bench 4 Inst 21. either upon a Writ of Error or otherwise the Party grieved may upon a Petition of Right made to the King in English or in French and his Answer thereto Fiat Justitia have a Writ of Error directed to the Chief Justice of the
for the Borough By the Statute none ought to be chosen a Burgess of a Town Rush Coll. Vol. 1. 689. in which he doth not inhabit but the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good Warrant for us to give Judgment against him by Whitlock The King cannot grant a Charter of Exemption to any Man to be freed from Election of Knight 4 Inst 49. Citizen or Burgess of the Parliament A Person Outlawed in a Personal Cause may be a Burgess Towns Coll. 63 64. Vide John Smiths Ca. Sir Simon d'Ewes Jour 48. Col. 2. 480. Col. 1. Vide Sir Simon d'Ewes Jour 481. Col. 2. If Exception be taken to such an Election and an Outlawry alledged to disinable him the Stat. 23 Hen. 6. c. 15. will disinable most of this House for they ought to be Burgesses resident Tho' the Common Law doth disinable the Party Sir Simon d'Ewes Journal 482. Col. 1 yet the Priviledge of the House being urged that prevaileth over the Law A man Attainted Sir Simon d'Ewes Jour 482. Col. 1. Outlawed or Excommunicated or not lawfully elected if he be returned out of all doubt is a lawful Burgess A Knight Banneret 4 Inst 46. being no Lord of Parliament is eligible to be Knight Citizen or Burgess of the House of Commons being under the Degree of a Baron who is the lowest Degree of the Lord's House An Earl's Son may be a Member of the House of Commons Sir Simon d'Ewes Journal 244. Col. 2. One under the Age of One and twenty years is not eligible 4 Inst 47. Neither can any Lord of Parliament sit there till he be full One and and twenty years An Alien cannot be elected of the Parliament Ibid. because he is not the King's Liege Subject and so it is albeit he be made Denizon by Letters Patents c. But if an Alien be naturaliz'd by Parliament then he is eligible to this or any other Place of Judicature No Alien denizated ought to sit here Petyt 's Miscel Parl. 175. per Sir Edward Coke Resolved upon the Question Ibid. That the Election of Mr. Walter Steward being no natural born Subject is void and a Warrant to go for a new Writ None of the Judges of the Kings Bench or Common Pleas 4 Inst 47. or Barons of the Exchequer that have Judicial Places can be chosen Knight Citizen or Burgess of Parliament as it is now holden because they are Assistants in the Lord's House Yet read Parl Roll 31 H. 6. But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament Ibid. are eligible None of the Clergy Moor fo 783. n. 1083. 4 Inst 47. tho' he be of the lowest Order is eligible to be Knight Citizen or Burgess of Parliament because they are of another Body viz. of the Convocation The Clergy of the convocation-Convocation-House are no Part or Member of the Parliament Hakewel 59. Vide Fox's Book of Martyrs f 1639. A man Attainted of Treason or Felony 4 Inst 48. c. is not eligible For he ought to be magìs idoneus discretus sufficiens Mayors and Bayliffs of Towns Corporate are eligible 4 Inst 48. Vide contra Brook Abridg tit Parl. 7. At a Parliament holden 38 H. 8. it was admitted and accepted That if a Burgess of Parliament be made a Mayor of a Town Crompt 16. or have Judicial Jurisdiction or another is sick that these are Causes sufficient to choose others Any of the Profession of the Common Law 4 Inst 48. and which is in Practise of the same is eligible By special Order of the House of Commons the Attorny General is not eligible to be a Member of the House of Commons Ibid. Egerton Solicitor la Roign fuit command d'Attender en l'Vpper House Moor f. 551 n 741. Vide Sir S. d'Ewes Jour 441. Col 2 442. Col. 1. attend 3 Jours apres fuit eslie Burgess pur Reading Et fuit reteign quia il fuit primes attendant en l'Vpper Meson devant que il fuit eslie un Member de lower Meson Egerton the Queen's Solicitor was commanded to attend in the Vpper House and did attend three days afterward was chosen Burgess for Reading And he was retained because he was first attendant in the Vpper House before he was chosen a Member of the Lower House Onslow Solicitor esteant Burgess de lower Meson Moor f. 551 n 741. Vide Sir S. d'Ewes Jour 121. Col. 1 2. fuit command d'attend en upper Le lower Meson vient luy challenge demand d'aver luy fuit grant quia il fuit Member de lower Meson devant que il fuit command per Breve d'attend en le upper Onslow the Solicitor being a Burgess of the Lower House was commanded to attend in the Vpper The Lower House come and challenge him and demand to have him and it was granted because he was a Member of the Lower House before he was commanded by Writ to serve in the Vpper 18 Eliz. 1585. Sir Simon d'Ewes Jour 249. Col. 1. Concluded by the House That Mr. Serjeant Jeffreys being one of the Knights returned for Sussex may have Voice or give his Attendance in this House as a Member of the same notwithstanding his Attendance in the Upper House as one of the Queen's Serjeants for his Counsel there where he hath no Voice indeed nor is any Member of the same 23 Eliz. 1580. Id. 281. Col. 1. Popham Solicitor General upon demand made by the House was restored to them by the Lords because he was a Member of the House of Commons and they possessed of him before he was So licitor or had any Place of Attendance in the Vpper House No Sheriff shall be chosen for a Knight of Parliament Book of Extr. 411. Crompton 's Jur. 3. b. nor for a Burgess 1 Car. 1. 4 Inst 48. The Sheriff of the County of Buckingham was chosen Knight for the County of Norfolk and returned into the Chancery and had the Priviledge of Parliament allow'd to him by the Judgment of the whole House of Commons Vide de hoc Pro Con Sir Simon d'Ewes Journal 38 436 624 625. 1 Jac. 1. Sess 2. Scobel 96. Sir John Peyton Kt. returned the last Session and since chosen Sheriff Resolved upon the Question That he shall attend his Service here The personal Residence and Attendance of Sheriffs is required within their Bailywicks Rush Coll. Vol. 1. 684 685. during the Time of their Sheriffwick Mr. Walter Long being Sheriff of Wilts was after chosen Citizen for Bath and for that Offence was committed and fined viz. because he sate and served in Parliament Sir Andrew Noel Kt Towns Coll. 185. Vid. de hoc Sir Simon d'Ewes Jour 38. Col. 1 2.
624. Col. 2. Sheriff of Rutland returned himself Knight and adjudged a void Return and a Warrant ordered for a new Election For said Serjeant Harris we know in Law that a man cannot make an Indenture to himself no more can he here between himself and the County for there are required two Persons Yet Sir Edward Hobby said That the House might well receive him and vouched a Precedent when the Bayliffs of Southwark returned themselves Burgesses and were received The Fee for the Knight of any County is 4 Inst 46. four shillings per diem and every Citizen or Burgess is to have two shillings per diem Where one Person is chosen and returned to serve in several Places Scobel 18. Vide Sir S. d'Ewes Jour passim it is in his Election to make his Choice in the House in his own Person for what Place he will serve and wave the other Election so as a Writ may issue for a new Election that the number may be full CHAP. XI Returns of Sheriffs c. And Amendments of Returns COncerning the Punishment of Sheriffs for their Negligence in returning of Writs 5 R. 2. Stat. 2. c. 4. or for leaving out of their Returns any City or Borough which ought to send Citizens and Burgesses See the Stat. Every Sheriff St. 8 H. 6. c. 7. 23 H. 6. c. 15. Vid. Cromton's Juris 3. Hakewel 48. who doth not make true Return of Elections of Knights Citizens and Burgesses to come to Parliament shall forfeit an hundred pounds to the King and an hundred pounds to the Party injured and be imprison'd for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so oftending shall pay Forty pounds to the King and Forty pounds to the Party This Action to be within Three months after the Parliament commenced or by any other man who will If he so do not Hakewel 49. Vid. Crompton's Juris 3. b. and prosecute his Suit with Effect and without Fraud any other man who will may have the said Suit for the said hundred pounds as the Knight had and Costs of Suit also shall be awarded to the said Knight or any other who will sue in his behalf The Sheriff shall make a good Return of his Writ Hakew. 51. and of every Return of the Mayor and Bayliff or Bayliffs where no Mayor is to him made The Burgesses of Leskard in Cornwal being elected Towns Coll. 63. the Town refused to deliver up their Indenture to the Sheriff but the Party elected made his Indenture and deliver'd it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff the Sheriff having endorsed it upon his Writ but this Indenture was never executed by the Sheriff nor returned and yet this Return was held by the Committees to be good Jan. 1641. Ordered 2 Nalson 870. That the High-Sheriff of the County of Sussex who has return'd two Indentures for the Town of Arundel shall be summon'd to appear here at the Bar to amend his Return 35 Eliz. 1592. Sir Simon d'Ewes Jour 490. Col. 2. It was said by the Speaker No Return can be amended in this House For the Writ and the Return are in Chancery and must be amended there Every Sheriff or other Officer St. 33 H. 8. c. 1. in Ireland returning any Knight Citizen or Burgess chosen in any other manner than is prescribed in the Statute to forfeit an hundred pounds If one be duly elected Knight 4 Inst 49. It cites in the Margin Rot. Parl. 5 H. 4. n. 38. Citizen or Burgess and the Sheriff return another the Return must be reformed and amended by the Sheriff and he that is duly elected must be inserted for the Election in these Cases is the Foundation and not the Return 18 Jac. 1. Scobel 115. The Sheriff of Leicestershire having returned Sir Thomas Beaumont upon Report from the Committee for Elections that Sir George Hastings was duly chosen the Sheriff was ordered to return Sir George Hastings to the Clerk of the Crown and he to accept it and file it 21 Jac. 1. Ibid. Upon Report from the Committee of Priviledges That in the Election of Mr. John Maynard for Chippingham John Maynard was chosen but by a Mistake Charles was afterward written in stead of John It was Resolved The Return shou'd be amended without a new Writ and that the Bayliff shou'd do it and not the Clerk of the Crown and that it shou'd be sent down to the Bayliff in the Country and he to Return John Maynard Esq the first Burgess 1 Febr. 1640. It being Resolved Ibid. That the Election of Mr. Erle for one of the Burgesses of Wareham is a good Election Ordered That the Officer who was the Officer when the Return was made or his Deputy or the Electors shou'd amend the Return But the next day it was Ordered That Edward Harbin the late Mayor of Wareham 's Deputy shou'd come to the Bar of the House and amend the Return 20 Febr. 1640. Id. 116. The Bayliff of Midhurst in Sussex came to the Bar being sent for by Order of the House and amended one of the Indentures of Return of Burgesses for that Town and the other was taken off the File If a Sheriff shall return one for a Knight of the Shire Sir Simon d'Ewes Journ 283. Col. 2. who was unduly or not at all elected yet he that is so return'd remains a Member of the House till his Election be declared void CHAP. XII Election of the Speaker THE Speaker is he that doth prefer and commend the Bills exhibited into 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. the Commons are to choose their Speaker but seeing that after their Choice the King may refuse him for avoiding of expense of Time and Contestation the Use is as in the Conje d'Eslier of a Bishop that the King doth name a difereet 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 and choose another Id. 8. So in 1 Hen. 4. Sir John Cheyny discharged and so William Sturton So in 15 Hen. 6. Sir John Tyrrel removed The first Day each Member is called by his Name Modus tenend Parl. 35. every one answering for what Place he 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
Common Law doth enact nothing neither is any Proviso good therein But the Speaker is not precisely bound to any of these Rules Hakewel 136. for the preferring of Bills to be read or passed but is left to his own good Discretion except he be specially directed by the House to the contrary and tho' he be earnestly pressed by the House for the reading of some one Bill yet if he have not had convenient time to read the same over and to make a Breviat thereof for his own memory the Speaker doth claim a Priviledge to defer the Reading thereof to some other time The Clerk being usually directed by the Speaker but sometime by the House what Bill to read Hakewel 137. with a loud and distinct Voice first reads the Title of the Bill and then after a little Pawse the Bill it self which done kissing his Hand he delivereth the same to the Speaker who standeth up uncover'd whereas otherwise he sitteth with his Hat on and holding the Bill in his Hand saith This Bill is thus intituled and then readeth the Title which done he openeth to the House the Substance of the Bill which he doth either trusting to his memory or using the help or altogether the reading of his Breviat which is filed to the Bill Hakewel 137. Vide Scobel 42. Sometimes reading the Bill it self especially upon the Passage of a Bill when it hath been much alter'd by the Committees so that thereby it differeth very much from the Breviat When he hath open'd the Effect of the Bill Id. 138. he declareth to the House That it is the first Reading of the Bill and delivereth the same again to the Clerk The Bill containing the King's General Pardon hath but one Reading in the Lord's House Id. 138. Vid. Towns Coll 29 44 126. Vide Sir S. d'Ewes Journ 91. Col. 2. and one below the Reason is because the Subject must take it as the King will give it without any Alteration and yet many times Exceptions are taken at the Reading thereof for that it is not so favourable as in former times The like of a Bill of Subsidies granted by the Clergy Hakew. Ib. The usual Course is to spend the Morning Id. 139. before the House grow full in the first Readings and to defer the second or third Reading till the House grow full No Knight Citizen Co. 12.116 or Burgess ought to speak above once to one Bill in one day unless sometime by way of Explication At the first Reading of the Bill Hakewel 139. it is not the Course for any man to speak to it but rather to consider of it and to take time till the second Reading unless it carry matter of apparent hurt to the Commonwealth and so to be rejected Nor for any Addition Ibid. for thereby it is imply'd that the Body of the Bill is good which till the second Reading doth not regularly come to the Trial. If any Bill originally begun in the Commons House Id. 140. Scobel 42. upon the first Reading happen to be debated to and fro and that upon the Debate the House do call for the Question it ought to be not Whether the Bill shall be read the second time for so it ought to be in ordinary Course but whether it shall be rejected If a Bill coming from the Lords be spoken against Hak. Ibid. and pressed to be put to the Question upon the first Reading the Speaker in favour and respect thereto shou'd not make the Question for Rejection as in the former Case but shou'd first make the Question for the second Reading and if that be deny'd then for Rejection But usually when any such Debate is the Speaker doth forbear to make any Question at all thereupon except he be much pressed thereto it being better to consider of it before it be put to such a hazard If the Question for Rejection be made Id. 141. Scobel 42. and the greater Voice be to have it rejected the Clerk ought to note it rejected in his Journal and so to indorse it on the back of the Bill and it shall be no more read If the Voice be to have the Bill retained it shall have his second Reading in Course Ibid. It is against the ordinary Course that the same Bill shou'd be read more than once in one day but for special Reasons it hath been suffer'd that private Bills have been in one day read twice It is likewise done sometimes Hakewel 142. when the House lacketh other Businesses wherein to imploy themselves especially if the Bill be of no great Importance howsoever it is never but upon Motion and special Order When special Committees appointed for the drawing of some one special Bill Ibid. present the same ready drawn to the House it hath been often seen that the same Bill hath not only been twice read but order'd also to be engrossed the same day It is not without Precedent that a Bill hath been thrice read Ibid. and passed in the same day But this is a President that standeth alone A Bill was read the fourth time Sir Simon d'Ewes Jour 90. Col. 1. before it pass't the House and tho' there want not other Presidents yet it is rare and worth the Observation A Bill was put to the Question Id. 335. Col. 1. upon the first Reading and rejected but it is not usual for a Bill to be put to the question upon the first Reading 27 Eliz 1584. Id 337. Col 2. 415. Col. 2. A Bill was committed upon the third Reading having been formerly committed upon the second which is not usual A Bill may be preserr'd to be secondly read the next day after the first Reading Hakewel 143. but the usual Course is to forbear for two or three days that men may have more time to consider upon it except the Nature of the Business be such that it requireth haste After the Bill is secondly read Ibid. the Clerk as before in humble manner delivereth the same to the Speaker who again readeth the Title and his Breviat as he did upon the first Reading which done he declareth That it was a second Reading of the Bill And then he ought to pawse a while expecting whether any of the House will speak to it for before the Speaker hath so declared the state of the Bill no man shou'd offer to speak to it and then and not before is the time when to speak If after a pretty distance of time Ibid. no man speak against the Bill for matter or form he may make the Question for ingrossing thereof if it be a Bill originally exhibited into the Commons House So likewise if divers speak for the Bill Id. 144. without taking Exception to the Form thereof he may make the same Question for the ingrossing The like Question for the ingrossing ought to be made Ibid. if the greater Voice be
That that Bill shall not be commmitted for it were to no end further to delay the proceeding of the Bill if there be no exception taken to the matter or form thereof but upon the second Reading and after the Speaker hath deliver'd the state thereof the House doth usually call for committing of the Bill and then if any man will speak against it either for Matter or Form he ought to be heard After the first man hath spoken Id. 144. the Speaker ought to rest a while expecting whether any other man will speak thereto so ought he likewise to do after every Speech ended when he perceiveth that the Debate is at an end he ought then to make the Question for the committing thereof in this sort As many as are of Opinion that this Bill shall be committed Id. 145. say Yea. And after the Affirmative Voice given As many as are of the contrary Opinion say No. And he ought by his Ear to judge which of the Voices is the greatest if that be doubtful the House ought to be divided If upon Division of the House it appear that the Numbers are equal Ibid. the Speaker hath the casting Voice upon all Questions If it appear that the Affirmative Voice be the greater Ibid. then ought he to put the House in mind touching the naming of Committees which is done thus Every one of the House that list may call upon the Name of any one of the House to be a Committee and the Clerk ought in his Journal to write under the Title of the Bill the Name of every one so called on at least of such whose Names in that Confusion he can distinctly hear and this he ought to do without Partiality either to those that name or to the Party named He that speaketh directly against the Body of the Bill Id. 146. Towns Coll. 208. may not be named a Committee for he that would totally destroy will not amend it When a convenient Number of Committees are named Hak. Ibid. then ought the Speaker to put the House in mind to name Time and Place when and where the Committees may meet which the Clerk ought likewise to enter into his Journal-Book and when the House is in silence he ought with a loud voice to read out of his Book the Committees Names and the Time and Place of the Commitment that the Committees may take Notice thereof After a Bill Ibid. which is sent from the Lords is twice read the Question ought to be for the Commitment if it be deny'd to be committed it ought to be read the third time and the next Question ought to be for the Passage and not for the Ingrossing as it is where the bill originally begins in the lower House for Bills which come from the Lords come always engrossed The Question for the Passage shou'd in ordinary Course be then made Hakewel 147. when the Bill is deny'd to be committed but not till the Bill be read the third time In the debating of Bills in the House Co. 12.116 no man may speak twice in one day unless sometime by way of Explication except the Bill be oftner read than once Hak. 148. and then a man may speak as often as the Bill is read Otherwise it is at Committees or when in the House the Debate ariseth upon some Motion concerning the Order of the House After the Debate is ended Id. 150. the Speaker ought to put the Question for Ingrossing If the greater Number of Voices be Ibid. that the Bill ought not to be ingrossed the Clerk ought to make an Entry in his Journal that the same was dash'd and so he ought likewise to note upon the back of the Bill and the day when If the Voice be to have it ingrossed it is the Office of the Clerk to do it It is always to be observed Ibid. That when the Bill is engrossed the Clerk ought to endorse the Title thereof upon the back of the Bill and not within the Bill in any Case So ought likewise such Bills as come from the Lords to have Titles endorsed upon the back of the Bill Ibid. and not within After a Bill hath been committed Id. 151. and is reported it ought not in an ordinary Course to be committed but either to be dash'd or ingrossed and yet when the Matter is of Importance it is sometimes for special Reasons suffer'd but then usually the Re-commitment is to the same Committee About two or three days after the Bill is thus order'd to be engrossed Id. 152. and is accordingly engrossed it is offer'd by the Speaker to be read the third time for the Passage thereof For the most part the Speaker putteth not any one Bill to the Passage by it self alone but stayeth till there be divers Bills ready engrossed for the third Reading and when he hath a convenient Number which may be five or six rather less than more then he giveth Notice to the House That he purposeth next day to offer up some Bills for the Passage and desireth the House to give special Attendance for that purpose and then the day following he doth accordingly put them to the third Reading First private Bills until the House be grown to some fulness and then he offereth to be read the publick Bills which are engrossed It hath at some times been order'd Ibid. That for the preventing of carrying of Bills with a few Voices that no Bills shoul'd be put to the Passage until Nine of the Clock at which time the House is commonly full or shortly after When the Bill is read the third time Id. 153. the Clerk delivereth it to the Speaker who reads the Title thereof and openeth the Effect of the Bill and telleth them That the Bill hath now been thrice read and that with their Favours he will put it to the Question for the passing but pawseth a while that Men may have Liberty to speak thereto for upon the third Reading the Matter is debated afresh and for the most part it is more spoken unto this time than upon any of the former Readings When the Argument is ended Id. 154. the Speaker still holding the Bill in his hand maketh a Question for the Passage in this sort As many as are of Opinion that this Bill shou'd pass say Yea c. If the Voice be for the Passage of the Bills Ibid. the Clerk ought to make a Remembrance thereof in his Journal if otherwise then his Remembrance must be accordingly made Upon the Bill thus passed if it be originally exhibited in the House of Commons the Clerk ought to write within the Bill on the top toward the right hand Brook Abr. f. Edit 119 n. 4. Soit baille aux Seigneurs If the Bill passed be originally begun in the Lords House Brook 119.4 then ought the Clerk to write underneath the Subscription of the Lords which always is
pass't at a Committee and not reported nor confirmed by the House shall be any Rule or Direction for any Court of Justice to ground any Proceedings thereon CHAP. XVIII The Order and Power of Grand Committees A Grand Committee consists of as many Members at least as constitute the House Scobel 35. less may not sit nor act as a Committee who have general Power to consider of any Matter touching the subject Matter referred and to present their Opinions therein to the House the better to prepare Matters of that Nature or Bills therein for the House which may better be prepared by the Liberty that every Member hath in a Grand Committee as well as in other Committees to speak more than once to the same Business if there be cause which is not permitted in the House Bills of great Concernment Id. 49. and chiefly Bills to impose a Tax or raise money from the People are committed to a Committee of the whole House to the end there may be opportunity for fuller Debate for that at a Committee the Members have liberty to speak as often as they shall see Cause to one Question and that such Bills being of general Concernment shou'd be most solemnly proceeded in and well weighed Grand Committees have their Powers and Rules in other Circumstances given them in express words by the House Id. 35. as to send for Witnesses to hear Councel or assign them on either part to send for Records When any great Business is in Agitation that requires much Debate Id. 36. or a Bill for a publick Tax is to be committed the House doth use to Resolve into a Grand Committee of the whole House which is done by a Question and then the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If more than one be generally call'd to the Chair Scobel 36. any Member may stand up and by Consent of the Committee put a Question for one of those named to be the Chair-man 19 Jac. 1. Ibid. A Dispute being in the Committee which of two Members named shou'd go to the Chair the Speaker was call'd to his Chair and put the Question That Sir Edward Coke one of the Persons named shou'd take the Chair and then the Speaker left his Chair The Chair-man of the Grand Committee is to sit in the Clerk's Place at the Table Ibid. and to write the Votes of the Committee If upon putting a Question Id. 38. the Chair-man who is to judge the Voices have deliver'd his Opinion That the Yea's have it and any Member stand up and say He believes the No's have it or contrariwise the Committee is to divide within the House the Chair-man directing the Yea's to one side of the House and the No's to the other and then he is to appoint one of each to count the Numbers and report them which is to be done in the same Order as in the House saving that the Obeysance is only twice in the Committee thrice in the House if the Number be equal the Chair-man hath the casting Voice otherwise he hath none in the Committee When the Committee hath gone through the Matter referred to them Ibid. the Chair-man having read all the Votes is to put the Question That the same be reported to the House if that be Resolved he is to leave the Chair and the Speaker being again call'd to the Chair or at the next Sitting of the House if it be then adjourn'd the Chair-man is to report what hath been resolved at the Committee standing in his usual Place from whence if it be not in the Seat next the Floor he is to go 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 ask'd 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 call'd to the Chair for that purpose In other Things the Rules of Proceedings are to be the same Id 39. as are in the House 4 Junij 1607. Ibid. Agreed for a Rule That every Question upon the Voices of a Committee bindeth and cannot be alter'd 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 Maij 22 Jac. 1. Id. 36. 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 order'd the Serjeant at Arms to send for them The Commiteee for Trade is sometimes made of a Grand Committee of the whole House Id. 9. as in 21 Jac. 1. 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 Martij 21 Jac. 1. Id. 36. 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 shou'd attend the Committee The Commons Rush Coll. 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 lock'd 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. XIX Concerning 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 Priviledges 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 were made occasionally and dissolved after the Business committed to them was reported Standing Committees are for Priviledges and Elections Standing Committees are for Religion Standing Committees are for Grievances Standing Committees are for Courts of Justice Standing Committees are for Trade Ibid. 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 Resolution to the House and the House sitting the Speaker to determine the same by Question The Committees for Religion Scobel 9. Grievances
do issue against the said Sir R. Pawlet 3 Dec. 19 Jac. 1. Ibid. Upon Occasion of a Subpoena served on Mr. Brereton it was agreed by the whole House That the serving of a Subpoena upon a Member of this House knowing him to be a Parliament-man is a breach of Priviledge and Napper who served the Subpoena was committed 39 Eliz. Towns Coll. 109. Vide Sir S. d'Ewes 546. Col. 2. Mr. Combs and Mr. Henry Powle Members of this House being served with a Subpoena ad testificandum by Mrs. Ann Wye the Serjeant of the House was order'd to bring in the said Ann to appear in this House to answer the Contempt 43 Eliz. 1601. Id. 212 213 214. A Subpoena ad testisicandum served on Mr. Johnson and other Members Agreed That the Serjeant be sent to arrest all those to appear that had procured the Subpoena to answer their Contempt with all speed 44 Eliz. 1601. Id. 246. Sir Simon d'Ewes Jour 651. Col. 1. Sir Edmond Morgan a Member of this House was served with a Subpoena at the Suit of one Lemney who was sent for by the Serjeant Id. 257. And because Christopher Kennel who served it professed Ignorance he was only adjudged to three days Imprisonment in the Custody of the Serjeant and pay his Fees The same Order with William Mackerless Ibid. Vid. Sir S. d'Ewes Jour 656. Col. 1 2. who served a Subpoena on Mr. Pemberton a Member at the Suit of one Mackerness 44 Eliz. 1601. Sir Simon d'Ewes Jour 655. Col. 1 2. Mr. Philips a Member of the House was served with a Privy Seal out of the Court of Wards by one Thomas Dean Servant to Mrs. Chamberlain a Widow The House ordered that she and her Servant shou'd be sent for by the Serjeant Vide plus de his Sir Simon d'Ewes Journal 637. alibi passim 33 Eliz. The Sheriffs of London were fined by the Commons Scobel 92. and sent to the Tower for not delivering a Burgess arrested for Debt sitting the Parliament 6 Apr. 1593. Id. 92. Vide Sir S. d'Ewes Journ 519. The Serjeant at Mace who arrested Mr. Neal a Member upon an Execution and Weblyn at whose Suit he was arrested were brought to the Bar and both committed Prisoners to the Tower and the Serjeant at Arms attending this House was order'd to deliver them over to the Lieutenant of the Tower 13 Maij 1607. Ibid. Nicholas Allen an Attorney and Palmer at whose Suit Mr. Martin a Member was Out-law'd order'd to be sent for by the Serjeant and brought to the Bar to answer their Contempt An Attachment for Contempt being taken out of Chancery against Mr. Belingham a Member Ibid. the House order'd to have Priviledge and a Letter to be sent to Mr. Evelyn one of the six Clerks to stay the Suit Upon a Writ directed to the Sheriff to levy Twenty pounds Issues upon Sir Robert Oxenbridge for Non-appearance it was order'd Id. 93. That if the Issues were not discharged before that night the Parties delinquent to be brought next Day to the Bar by the Serjeant 14 Maij 1576. Ibid. Sir Edward Montague a Member of the House was warned to attend a Trial in London which was to be had against him and was by Order of the House priviledged and the Party that gave the Warning was summon'd to appear at the Bar next Morning 21 Febr. 1588. Id. 94. Vide Sir S. d'Ewes Jour 436. Col. 1 2. Order'd That those Members of the House who have Occasion of Priviledge Writs of Nisi priùs being brought against them do declare their Case to the Speaker who thereupon shall direct the Warrant of this House to the Lord Chancellor for awarding Writs of Supersedeas 3 Martij 18 Jac. 1. Ibid. Upon a Report from the Committee appointed to consider of a way of staying Trials against Members of the House that by several Precedents the Custom appear'd to be in such Cases That on Motions and Orders in the House Letters were written to the Justices of Assize for stay of Trials against Members of the House which Letters were enter'd in the Journal-Book and that it belongeth to the Clerk to write the same It was thereupon Resolved That the former Course of writing Letters to the Justices of Assize shou'd be held according to former Precedents 10 Junij 1607. Id. 95. Sir Robert Johnson a Member of this House mov'd for a Letter to stay a Trial against him in the Exchequer which was granted as appeareth by the Entry on the 13th day when a Petition of Sir Robert Brett was read against that Priviledge The Priviledge formerly granted was assirmed upon this Reason That no man shou'd have any Thing to withdraw him from his Service in the House The like 14 Febr. 18 Jac. 1. The Priviledge of the House is so much insisted on Ibid. that it hath been a Question Whether any Member of the House could consent that himself might be sued during the Session because the Priviledge is not so much the Persons as the Houses and therefore when any Person hath been brought to the Bar for any Offence of this Nature the Speaker hath usually charged the Person in the Name of the whole House as a Breach of the Priviledge of the House 3 Junij 1607. Ibid. Sir Thomas Holcroft a Member of the House had occasion to sue at Law and was sued with which he was content and desired the Leave of the House there was a Question Whether the House shou'd give leave for a Breach of Priviledge and it was resolved The House might give leave 7 Maij 1607. Id. 96. Sir Thomas Bigg and Sir Thomas Love being return'd upon an Attaint in the Kings Bench it being moved that in this Case they ought to have Priviledge it was so order'd and the Serjeant sent with his Mace to deliver the Pleasure of the House to the Secondary the Court sitting 22 Nov. 1597. Sir John Tracy a Member of this House Ibid. Vide Sir S. d'Ewes Jour 560. Col. 2. being at the Common Pleas Bar to be put upon a Jury the Serjeant at Arms was presently sent with his Mace to fetch him thence to attend his Service in the House Apr. 12 Jac. 1. Scobel 96. Sir William Bampfield was committed by the Lord Chancellor for a Contempt after the Writ of Summons but before the Election Order'd upon the Question That he shall have his Priviledge by Writ of Habeas Corpus 1 Jac. 1. Sess 2. Ibid. Sir John Peyton return'd Knight for Cambridge the last Session and since chosen Sheriff Resolved That he shall attend his Service here 28 Martij 1542. Herbert's Hen. 8.539 During this Session of Parliament some wrong was offer'd to their ancient Priviledges a Burgess of theirs being Arrested whereof the King understanding not only gave way to their releasing him but Punishment of the Offenders insomuch that the Sheriffs of London
Serjeant at Arms was presently sent to Newgate to bring him to the House sedente Curiâ and being brought to the Bar with his Keeper was discharged by Order of the House from his said Keeper and from his Imprisonment 1 Julij 1607. Memorials 99. John Pasmore the Marshal's man being sent for and brought to the Bar for arresting John Jessop Waterman Servant to Sir Henry Nevil a Member of the House he deny'd that he knew he was Sir Henry's Servant until afterward notwithstanding he took an Assumpsit from him to answer the Action The House thought fit to commit him to the Serjeant till the Houses Pleasure were further known and till he had discharged the Assumpsit and paid the Fees 17 Junij 1609. Ibid. Upon a Report from the Committee for Priviledges that a menial Servant of Sir Robert Wroth was arrested eight days before this Session the Serjeant was sent for the Prisoner and the Serjeant that made the Arrest one King who follow'd it and Fisher at whose Suit he was arrested 4 Junij 19 Jac. 1. Id. 100. Johnson a Servant to Sir James Whitlock a Member of the Commons Housel was arrested upon an Execution by Moor and Lock who being told that Sir James Whitlock was a Parliament man Fulk one of the Prosecutors said He had known greater mens men than Sir James Whitlock taken from their Masters Heels in Parliament time This appearing Lock and Moor were call'd in to the Bar and by the Judgment of the House were sentenced First That at the Bar they shou'd ask Forgiveness of the House and of Sir James Whitlock Petyt 's Miscel Parliament 118. on their knees Secondly That they shou'd both ride upon one Horse bare-back'd back to back from Westminster to the Exchange with Papers on their Breasts and this Inscription For arresting a Servant of a Member of the Commons House of Parliament and this to be presently done sedente Curiâ which Judgment was pronounced by Mr. Speaker against them at the Bar upon their Knees 28 Apr. 22 Jac. 1. Memorials 100. A Warrant was order'd to be issued by the Speaker for a Writ of Priviledge to bring up Andrew Bates Servant to Mr. Richard Godfrey of the House in Execution with the Sheriff of Kent at the Suit of one Hunt This Priviledge doth take place by Force of the Election and that before the Return be made as appears in the Case following 19 Nov. 1601. Id. 107 108. Vide Sir S. d'Ewes Jour 642. Col. 2. 643. Col. 1. Vid. Petyts Miscell Parl. 119. Upon Information to the House that one Roger Boston Servant to Lanckton Baron of Walton who upon credible Report of divers Members of the House was affirmed to be chosen a Burgess for the Borough of Newton in Lancashire but not yet return'd by the Clerk of the Crown had been during that Session of Parliament arrested in London at the Suit of one Muscle the said Muscle together with the Officer that made the Arrest were sent for by the Serjeant and brought to the Bar and there charged by Mr. Speaker in the Name of the whole House with their Offence herein and having been heard Boston was order'd to have Priviledge and to be discharged of his Arrest and Imprisonment and the Offenders for three days committed to the Serjeant and order'd to pay such Charges to Beston as the Speaker shall set down and their Fees 6 Martij 1586. Memorials p. 108 109. Sir Simon d'Ewes Jour 410. Col. 1.414 Col. 2. This day William White brought to the Bar for arresting Mr. Martin a Member of the House made Answer That the Arrest was made above fourteen days before the beginning of the Parliament the House thereupon appointed a Committee to search the Precedents And March 11. the Committee made their report of Mr. Martin a Member of this House arrested upon mean Process by White above twenty days before the beginning of this Parliament holden by Prorogation mistaken for Adjournment and in respect that the House was divided about it in Opinion Mr. Speaker with the consent of the House the sooner to grow to some certainty of the Judgment of the House in this Cause moved these Questions to the House viz. First Whether they would limit a time certain or a reasonable time to any Member of the House for his Priviledge The House answered a convenient time Secondly Whether Mr. Martin was arrested within this reasonable time The House answered Tea Thirdly If White should be punished for arresting Martin The House answer'd No because the arrest was twenty days before the beginning of the Parliament and unknown to him that would be taken for reasonable time But the principal cause why Martin had his Priviledge was for that White the last Session mistaken for Meeting of Parliament arrested Mr. Martin and then knowing him to return'd a Burgess for this House discharged his Arrest And then afterwards Mr. Martin again returning out of his Country to London to serve in this House Mr. White did again arrest him and therefore this House took in evil part against him his second Arrest and thereupon judged that Martin should be discharged of his second Arrest out of the Fleet by the said Mr. White 12 Martij 1606 Complaint was made by Mr. James a Burgess of Parliament Id. 102. That his Horse standing at his Inn was taken by the Post-masters Servant both the Post-master and his Servant were sent for and brought to the Bar. Moreton the Post-master appearing to be ignorant of what his Servant had done and disavowing it was by order of the House discharged but upon the Testimony of a Witness at the Bar that he told the Servant when he took the Horse that a Member of Parliament was owner of it the Servant was committed In Dec. 1606. Thomas Finch Memorials p. 101 102. a Servant to Sir Nicholas Sandys one of the Burgesses for Quinborough was Arrested during the Adjournment which being conceived to be a great Contempt to the Priviledge of the House an Habeas Corpus was awarded to bring him to the House and he was accordingly brought and also one Knight who procured the Arrest and Harrison the Yeoman The Excuse was that Finch was an Attorney at Law but it being avow'd by Sir Nicholas Sandys That Finch lay in his House solicited his Causes and received Wages from him And it being insisted on that all menial and necessary Servants are to be priviledged and instance given of a Precedent of the Baron of Waltons Solicitor and Huddleston's Solicitor in the time of Queen Elizabeth Upon the Question Finch was priviledged and deliver'd according to former Precedents During the Adjournment Ibid. 102. a Suit was prosecuted in the Court of Wards against Nicholas Pots Esq and Francis Wethered Gent. Committees of a Ward which concerned Mr. Nicholas Davys Servant to the then Speaker as Assignee of the Ward The Speaker writ a Letter to the Court to make known That he
England to the Pope Id. 37. by the Hand of Pandulphus his Legat and sordidly submitted to take the Crown at his Hand again at a yearly Tribute In the Reign of our Noble King Edward the Third the Pope demanded his Rent and all the Arrears The Prelates Dukes Counts Barons and Commons resolved That neither the King nor any other could put the Realm nor the People thereof into Subjection sans l'assent de eux without their Assent This intimates Ibid. that with their joynt Consent the Crown may be disposed of And it was the highest Resolution in Law in one of the highest Points in Law concerning the King's claim of an Absolute Power and in a Time when the Pope was in his height It is the proper Work of this Supreme Court to deal with such Delinquents Ibid. as are too high for the Court of King's Bench or other ordinary Courts Daughters 4 Inst 36. and Heirs apparent of a Man or Woman may by Act of Parliament inherit during the Life of the Ancestor It may adjudge an Infant or Minor to be of full Age. Ibid. It may Attaint a Man of Treason Ibid. after his Death It may Naturalize a meer Alien Ibid. and make him a Subject born It may bastard a Child Ibid. that by Law is Legitimate viz. begotten by an Adulterer the Husband being within the four Seas It may Legitimate one that is Illegitimate Ibid. and born before Marriage absolutely it may Legitimate secundùm quid and not simplicitèr 21 Rich. 2. The Lords Appellants accused the Duke of Glocester of Treason Selden's Judicature 91. and tho' they knew he was dead they pray'd the King that he might be brought to his Answer The King sent his Writ c. they desired Judgment and had it So Robert Possington was impeached at the Parliament at Westminster Id. 95. and found Guilty long Time after he was dead and so forfeited his Estate John of Gaunt Duke of Lancaster had by Catherine Swinford 4 Inst 36. before Marriage four illegitimate Children Henry John Thomas and Joan. At the Parliament holden 20 Rich. 2. the King by Act of Parliament in Form of a Charter doth Legitimate these three Sons and Joan the Daughter Thomas Cromwel Earl of Essex was attainted by Parliament Ibid. and forth-coming to be heard and yet never call'd to answer in any of the Houses of Parliament and resolved by the Judges That if one be Attainted by Parliament it can never come in question after whether he were call'd or not call'd to answer for the Act of Attainder being pass't by Parliament did bind Where by Order of Law a man cannot be Attainted of High-Treason Id. 39. unless the Offence be in Law High-Treason he ought not to be Attainted by general Words of High-Treason by Authority of Parliament as sometimes hath been used but the High-Treason ought to be specially exprest seeing that the Court of Parliament is the highest and most honourable Court of Justice and ought to give Example to inferior Courts Acts against the Power of the Parliament subsequent bind not Id. 42. It is against the Power and Jurisdiction of the Parliament the Liberty of the Subject and unreasonable The Stat. Id. 42. 11 Rich. 2. c. 5. That no Person should attempt to revoke any Ordinance then made repealed for that such Restraint is unreasonable An Act 11 Rich. 2. c. 3. Ibid. That no man against whom any Judgment or Forfeiture was given shou'd sue for Pardon or Grace c. was holden to be unreasonable without Example and against the Law and Custom of Parliament and therefore void The High Court of Parliament to be committed to a few as in 21 Rich. 2. c. 16. Ibid. is holden to be against the Dignity of a Parliament and that no such Commission ought to be granted Tho' it be apparent Id. 43. what transcendent Power and Authority this Parliament hath and tho' divers Parliaments have attempted to bar restrain suspend qualifie or make void subsequent Parliaments yet could they never effect it for the latter Parliament hath ever Power to abrogate suspend qualifie explain or make void the former in the Whole or in any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former For it is a Maxim in the Law of Parliament Quòd Leges posteriores priores contrarias abrogant An Act of Parliament doth include every man's Consent Hobart 256. as well to come as present The Soveraign Power of this High Court of Parliament is such Hakewel 86. That altho' the King's Majesty hath many great Priviledges and Prerogatives yet many Things are not effectual in Law to pass under the great Seal by the King's Charter without Parliament The King by his Letters Patents may make a Denizen Id. 87. but cannot Naturalize him to all purposes as an Act of Parliament may do If a man be Attainted of Felony Id 89. or Treason by Verdict Outlawry Confession c. his Blood is corrupted which is a perpetual and absolute Disability for him or his Posterity to claim any Hereditament in Fee-simple either as Heir to him or any Ancestor paramount him and he shall not be restored to his Blood without Parliament And the King may give to any attainted Person his Life by this Charter of Parliament Id 90. The King cannot alter the Common Law or the general Customs of the Realm as Gavelkind Borough-English or the like without Parliament If a King have a Kingdom by Discent Ibid seeing by the Law of that Kingdom he doth inherit that Kingdom he cannot change those Laws of himself without Consent of Parliament By the Laws of this Kingdom Ibid. the King cannot by his Proclamation alter the Law but the King may make Proclamation That he shall incur the Indignation of his Majesty that withstands it But the Penalty of not obeying his Proclamation may not be upon Forfeiture of his Goods his Lands or his Life without Parliament Brook 123.98 Vide 20 H. 6.9 Crompton 22. b. Le Parliament d Engleterre ne lia Ireland quoad Terras suas quar ils ont Parliament la mes il poient eux lier quant al Choses transitory come eskipper de Lane ou Merchandize al intent de ceo carrier al auter Lieu ultra Mare The Parliament of England cannot bind Ireland as to their Lands for they have a Parliament there but they may bind them as to Things transitory as the shipping of Wool or Merchandize to the intent to carry it to another Place beyond the Sea Sometimes the King of England call'd his Nobles of Ireland to come to his Parliament of England 4 Inst 350. c. And by special Words the Parliament of England may bind the Subjects of Ireland The Lords in their House have Power of Judicature Id 23. and the Commons in their House have Power
19. 1592. Towns Coll. 51. 35 Eliz. After the Names of the Knights Citizens and Burgesses were read and declared to the Clerk of the Crown and entred in his Book they entred into the House The House being set Ibid. Vide Sir S. d'Ewes Jour passim 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 call'd 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 Queens Privy Counsellers The Fee for entring his Name into the Serjeant's Book is Two shillings Towns Coll. 51. the Rewards to the Door-Keepers Three shillings and eight pence the Fee for returning the Indenture Two shillings Febr. 7. Id. 15. 1588. 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 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 for that they are the Common-Councel of the Realm CHAP. XV. Orders of the House 2 Maij 1610. Scobel 32. A Member speaking and his Speech seeming impertinent and there being much hissing and spitting it was conceived for a Rule That Mr. Speaker may stay impertinent Speeches 18 Maij 1604. Ibid. It was Resolved That eight ingrossed Bills should be read the next day half an hour after eight The next day about that Time a Member entring into a long Discourse De merâ Fide solâ Fide c. was interrupted and the Question offered Whether he shou'd go on in respect of the Order But it was agreed for a Rule That if any man speak not to the Matter in Question the Speaker is to moderate April 1604. Idem 31. Vid. Towns Coll. 276. He that digresseth from the Matter to fall upon the Person ought to be suppressed by the Speaker 17 April 1604. Ibid. If any superfluous Motion or tedious Speech be offer'd in the House the Party is to be directed and order'd by the Speaker No reviling or nipping words must be used Smith's Common-wealth 85 86. for then all the House will cry It is against the Order And if any speak unreverently or seditiously against the Prince or the Privy Council I have seen them not only interrupted but it hath been moved after to the House and they have sent them to the Tower If any man speak impertinently Scobel 33. or beside the Question in hand it stands with the Orders of the House for Mr. Speaker to interrupt him and to know the Pleasure of the House Whether they will further hear him 24 Jan. 23 Eliz. Mr. Carleton endeavouring to speak contrary to the Sense of the House Id. 31. Vid. Sir S. d'Ewes Jour 284. was interrupted and offering to speak again urging it was for the Liberty of the House the Speaker and the House did stay him When a Motion has been made Id. 21. the same may not be put to the Question until it be debated or at least have been seconded by one or more Persons standing up in their Places and then the same may be put to the Question if the Question be call'd for by the House or their general Sense be known which the Speaker is to demand unless any Member stand up to speak When a Motion has been made that Matter must receive a Determination by the Question Ibid. or be laid aside by the general Sense of the House before another be entertain'd 28 June 1604. Ibid. A Motion being made another interposed a Speech tending to another Business but it was answer'd That there was no Precedent for that Speech to be used before the other Motion which was made before had received an Answer and an End And the House did accordingly determine the first Motion in the first Place 4 Dec. Ordered Scobel 22. That till the Business in Agitation be ended no new Motion of any new Matter shall be made without leave of the House If the Matter moved do receive a Debate pro contra Ibid. in that Debate none may speak more than once to the Matter and after some Time spent in that Debate the Speaker collecting the Sense of the House upon the Debate is to reduce the same into a Question which he is to propound to the end the House in their Debate afterward may be kept to the Matter of the Question if the same be approved by the House to contain the Substance of the former Debate After such Question is propounded Ibid. any Member may offer his Reasons against that Question in whole or in part which may be laid aside by a general Consent of the House without a Question put But without such general Consent Scobel 23. no part of the Question propounded may be laid aside or omitted and tho' the general Debates run against it yet if any Member before the Question put without that part stand up and desire that such Words or Clause may stand in the Question before the main Question is put a Question is to be put Whether those Words or Clause shall stand in the Question The like Method is observed when any other Alteration is debated upon Ibid. to be made in a Question propounded but upon putting a Question for such Addition Alteration or Omission any Person who hath formerly spoken to the Matter of the Question may speak again to shew his Reasons for or against such Alteration Addition or Omission before such Question be put When the Speaker the House calling for a Question is putting the same Ibid. any Member that hath not spoken before to the Matter may stand up before the Negative be put 13 Junij 1604. Ibid. A Bill touching a Subsidie of Tunnage and Poundage having been formerly upon a third Reading recommitted was return'd and a Proviso being tendred for Chester which was twice read the Question was put for Commitment in the Affirmative but before the Negative was put one stood up and spoke to it which was admitted for orderly because it is no full Question without the Negative part be put as well as the Affirmative Every Question is to be put first in the Affirmative Id. 24. and then the Negative to which question every
Committee If the Question for Commitment pass in the Negative Ibid. then the Question is to be put for the ingrossing the Bill But if the Question for ingrossing the Bill pass in the Negative then the Question is to be put for rejecting the Bill If the Question for committing the Bill pass in the Affirmative Id. 47. then a Committee is to be named of which all those that took Exceptions at any Particulars in the Bill but not those who spoke against the whole Bill are to be and any Member that pleases may name one apiece but not more to be of that Committee 10 Nov. 1604. Ibid. Declared for a Rule That at the naming of a Committee if any man rise to speak the Clerk ought not to write 11 Nov. 1601. Resolved Ibid. and order'd upon the Question That such Member as declares himself against the Body or Substance of any Bill upon any the Readings thereof shall not hereafter be admitted to be of a Committee in any such Bill according to former order used in Parliament Committees upon Bills have not usually been less then eight Ibid. sometimes twenty seldom more in former times which ingaged them to attend it and speed it 12 April 1604. Id. 48. Upon a Motion made touching the slow Proceedings and Dispatch of such Bills and Businesses as were depending in the House which grew as was said by the non-attendance of the Committees Order'd That if eight of any Committee do assemble they might proceed to a Resolution in any Business of the House When a competent number are named Ibid. the Speaker useth to put the House in mind of appointing the Time and Place of their Meeting at which Time the Committee are to meet especially those who did make any Exceptions to the Bill eight of the Persons named must be present to make a Committee unless order'd otherwise in some Cases but five may adjourn In some Cases the House hath order'd a Committee to withdraw into the Committee Chamber presently Ibid. and bring it back sitting the House Any Member of the House may be present at any select Committee Id. 49. but is not to give any Vote unless he be named to be of the Committee 35 Eliz. 1592. Sir Simon d'Ewes Jour 493 Col. 2. Two or three stood up to speak striving who might speak first It was made a Rule That the Chair-man shall ask the Parties that would speak on which side they would speak whether with him that spake next before or against him and the Party that speaketh against the last Speaker is to be heard first The Committee are first to read the Bill Scobel 49. and their to consider the same by Parts The Preamble if any be Id. 50. is usually consider'd after the other Parts of 〈◊〉 Bill because upon Consideration of the Body of the Bill such Alterations may therein 〈…〉 may also occasion the alteration of the Preamble Which will be best 〈◊〉 last The Committee may not raze Ibid. interline or blot the Bill it self but must in a Paper by it self set down the Amendments in this manner in such a Folio and such a Line between such a Word and such a Word or after such a Word insert these words or omit these words When the Amendments are all perfected Ibid. every one being voted singly all of them are to be read at the Committee and put to the Question Whether the same shall be reported to the House when the Vote is to be put any Member of the Committee may move to add to those Amendments or to amend any other part of the Bill 4 Junij 1607. Id. 52. The Bill touching the Union between England and Scotland having been committed when the Amendments were reported the whole Bill was by Order of the House first read and then the Amendments by themselves which is a single Precedent used only in a Case of great weight In the Journal 4 Junij 1607. Ibid The Entry is When a Vote is once passed at a Committee the same may not be alter'd but by the House Every Question upon the Voices of the Committee bindeth and cannot be alter'd by themselves And thus every Thing agreed to be reported ought to be reported If the Vote of the Committee pass for reporting the Amendments to the House then he of the Members of the Committee which is commonly the Chair-man who is best acquainted with the Bill is to be appointed to make the Report which being done that Committee is dissolved and can act no more without a new Power 3 Martij 1606. It was order'd Ibid. That every Committee when they proceed to the Amendment of any Bill committed to them shall also amend the Breviat annexed and make it agree with the Bill Reports are usually to be received daily in the first place Ibid. after the House is full except there be Bills engrossed which are to take place and publick Bills before private The Reporter must first acquaint the House Id. 52. Hakewel 148. That he is to make a Report from such a Committee to whom such a Bill was committed and standing in his place must read each of the Amendments with the Coherence in the Bill and opening the Alterations and the Reasons of the Committee for such Amendments until he hath gone through all and then must if he sit not in the Seat next the Floor come from his place to the Bar and so come up to the Table and deliver both the Bill and Amendments to the Clerk by whom he is to stand while they are twice read which is to be done by him without reading any words that are to be omitted but only such as are to be inserted before any man speak to any of them and then the Bill with the Amendments is to be deliver'd to the Speaker After reading of the Amendments Scobel 52. any Member may speak against all or any of the Amendments and desire the Coherence to be read but he is to make all his Objections at once to all the Amendments without speaking again Exceptions may be taken as well to what is omitted out of the Bill by the Committee Id. 53. as to what is amended Amendments in Bills ought to be writ in Paper Sir Simon d'Ewes Jour 573 574. not in Parchment and without any Indorsement Upon any Report from a Committee Scobel 53. the first Question ought to be for agreeing with the Report unless the House generally dislike it 4 Junij 1607. Id. 39. Agreed for a Rule That every Thing directed and agreed to be reported ought accordingly to be reported but not every thing spoken or debated at the Committee 28 Julij 1641. Ibid. Declared by the House That no Committee ought by Votes to determine the Right or Property of the Subject without first acquainting the House therewith 6 Aug. 1641. Ibid. Resolved That no Vote