passed by both the houses upon three severall readings in either house they ought for their last approbation that so like to silver they may be seven times purified to have the Royall Assent which is usually deferred till the last day of the Session But it may bee given at any time during the Parliament touching which it hath been much doubted and oftentimes debated whether the Royall Assent given to any one Bill doth not ipso facto conclude that present Session which question is of great consequence for if thereby the Session be at an end then ought every other Bill not having the Royall Assent though it hath passed both the houses to bee againe read three times in either house and to have the same proceedings as at first as if nothing had beene formerly done therein so must it bee of all other Acts of the house But in the last Session of the first Parliament of King James the house being then desirous to have a Bill to bee forthwith passed declared that the Royall Assent to one Bill or more did not dissolve the Session without some speciall declaration of his Majesties pleasure to that purpose 8. April 1604. in the Journall So likewise it appeareth by the Iournall 1. 2. Phil. M. 21. November that the King and Queene came of purpose into the Parliament house to give their Assent to Cardinall Pooles Bill And upon question made it was then resolved by the whole house that the Session was not thereby concluded but that they might proceed in their businesse notwithstanding the Royall Assent given but for more security it is usuall to insert a Proviso to that purpose At the giving the Royall assent it is not requisite that the King be present in person for by expresse words of the Stat. of 33 of Hen. 8 Ca. 21 The Kings Royall assent by his letters pattents under the great Scale signed by his hand and declared and notified in his absence to the Lords Spirituall Temporall and to the Commons assembled in the higher house is and ever was of as good strength and force as though the person of the King had beene there personally present and had assented openly and publiquely to the same According to which Statute the Royall Assent was given by commission Anno 38. Hen. 8. unto the Bill for the Attainder of the Duke of Norfolke and very oftentimes since The Royall Assent is given in this sort After some solemnities ended of which mention shall be made in the Chapter which treateth of the conclusion of the Parliament the Clarke 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 Clarke of the Parliament pronounceth the Royall Assent according to certaine instructions given him from his Majesty in that behalfe If it bee a publique Bill to which the King assenteth the answer is Le Roy leveult If a private Bill allowed by the King the answer is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se avisera To the Subsidie Bill Le Roy remercy ses Loaulx Subjectes accept lout benevolence et auxy le veult To the generall pardon Les Prelates Seigneurs et Comons en cest Parliament assembles au nom de touts vous auters subjecte temoreient treshumblement vostre Majesty et prient dieu vous doner en sante bone vie et longe And thus much concerning passing of Bills according to the moderne practice In ancient times the practice was much differing as elsewhere shall bee declared but that ancient order as it was nothing so curious as this so was it not so safe for the Subject as by comparing both together will easily appeare A report of divers memorable passages between hath Houses in the Parliament 18. Eliz. concerning the adding of a proviso by the Commons unto a Bill sent to the Lords ingrosed signed by the Queen and passed by the Lords for the restitution in blood of a certaine Lord and sent down by Lords to the house of Commons A Noble Lord whose Father was attainted of murther and thereby his bloud corrupted made suite to the Queene to bee restored in bloud by Parliament which shee inclined unto and in declaration of her good liking thereof signed his Bill ingrosed which passed the Lords house and was sent downe to the Commons The Bill upon the second reading by some was impugned through mistake of the person and by some others for that there wanted a Proviso for purchasors from his Father and other Ancestors To the first it was answered that seeing her Majesty had signed the Bill no doubt she was satisfied touching the person and hee being a yong Noble man there was great hope of him To the second that if the saving which was already in the Bill were not sufficient there might be other provision The Bill was committed and the Committees thought to adde a Proviso to barre the Lord that he should not take advantage of any errors in any fine or other conveiance by his Father or Ancestors but should bee in that case as though his bloud were not restored in which state hee can bring no writ of error The occasion of which Proviso grew chiefely for that the Lords had within few daies before in this Session dashed a Bill that passed in the Commons house for the helping of such errors whereupon they thought it dangerous to give that scope to any man that should be restored in bloud and therefore they added such a Proviso both in this Bill and other Bills of the like kind The said Lord endeavoured by his councell to satisfie the Committee that the saving in the Bill was sufficient without a new Proviso but they being not satisfied therewith he procured a message from the Lords to the Commons that the Bill might passe in such sort as was signed by the Queene without any addition which they thought could not bee made without the consent of her Majesty which message was sent after the Committees had agreed upon the Proviso and reported the same to the house The Commons tooke this manner of dealing to be very strange not having heretofore received any such message from the Lords tending to prescribe them what they should do in the actions of that Councell and notwithstanding that message intended to proceed as they had begun The next day the Lord procured another message from the Lords desiring a meeting and conference with the Commons about it which message the Commons conceiving it to be strange to be in this manner pressed they gave the Bill a third reading and the new Proviso as the course is so sent up the Bill to the Lords with the Proviso annexed with one other Bill Herewith the Lords were greatly moved and the same afternoone sent a message to the Commons house by Mr. Justice Munson and Sergeant Barham that some
made choice of Mr. Iohn Darwood in his place and yet hee came up with the Commons to the Lords house and praied to bee discharged by reason of this infirmity declaring whom the Commons had made choice of and praied hee might bee accepted which was granted and hee made the like protestation as Sir Iohn Cheyney had done which was that hee might have liberty to amend any mistaking in that which hee should deliver from the Commons and made none of the other requests now usuall lohn Dorwood Esq 1. H. 4 He made no excuse for ought appeareth Sir Arnold Savage 2. H. 4 The first time appearing upon any Record that the Commons were required by the King to choose a Speaker but afterward it is still continued onely omitted 16. of Henry the fourth Sir Henry de Redeford 4. H. 4 Sir Arnold Savage 5. H. 4 After he had made the ordinary protestation concerning his owns mistakings he further desired the King in the names of the Commons that they might freely make complaint of any thing amisse in the government and that the King by the sinister information of any person would not take offensively that which they should complaine of in that behalfe which petition was yeelded unto by the King 5. H. 5.11.8 Sir VVilliam Sturmy 6. H. 4 Sir Iohn Cheyney 6. H. 4 Parliamentum indoctorum so called because in the writ of summons there was a clause no Lawyer should be chosen Sir Iohn Tibtoft 7. H. 4 He desired to bee discharged because of his youth but he was neverthelesse allowed of but having forgotten to make the usuall protestations upon the day of his allowance hee came up the next day and made it and added further which never any Speaker did before or since that if any writing were delivered by the Commons this Parliament and they should desire to have it againe to amend any thing therein it might bee restored to them which was granted R. Pav 7. H. 4 n. 6. he was the sonne of Iohn Lord Tiptoft and in the tenth yeare of Henry the fourth was made Lord Treasuret of England and created Earle of Worcester by H. 6. while he was Speaker hee signed and sealed the Deed of the intailing of Crowne 7. H. 4. with these words Nomine totius Commutatis Thomas Chauser Esq 9. H. 4 Thomas Chauser Esq 10. H. 4 Thomas Chauser Esq 13. H. 4 VVilliam Stourton Esq 1. H. 5 This Speaker Without the assent of his companions did agree before the King to deliver in Parliament certaine Articles but about three daies following the Commons finding themselves agreeved therewith sent unto the Lords the King being then present Mr. Iohn Dorewood and divers of the Commons with him declared to the King that their Speaker had no authority from them to yeeld thereunto therefore they desired to be excused therein which the King was pleased to accept about two months after the Commons comming before the King did present for their Speaker the same Mr. Iohn Dorwood because their old Speaker being sicke in his bed was not able to execute the place whom the King allowed of Iohn Doreward Esq 1. H. 5 Thomas Chaucer Esq 3. H. 5 VValter Hungerford Esq 2. H. 5 Richard Redman Esq 3. H. 5 Sir VValter Beauchamp 3. H. 5 Roger Flower Esq 4. H. 5 Roger Flower Esq 5. H. 5 Roger Flower Esq 7. H. 5 Richard Baynard 9. H. 5 Roger Flower Esq. 1 H. 6 Iohn Russell Esq 2. H. 6 Sir Thomas VVauton 3. H. 6 Richard Vernon Esq 4. H. 6 Iohn Tirell Esq 6. H. 6 VVilliam Allington Esq 8. H. 6 Iohn Tirell Esq 9. H. 6 Iohn Russell Esq 10. H. 6 Roger Hurst Esq 11. H. 6 Iohn Bowes Esq 14. H. 6 Sir Iohn Tirrell 15. H. 6 Sir Iohn Tirrell 17. H. 6 The King taking notice of the sicknesse of the Speaker and that by reason there of hee could not intend the affaires of the Parliament commanded the Commons to make choice of a new Speaker who accordingly did make choice of one Mr. William Boerly and did by one Iohn Hody Knight of a Sheere informe the King thereof who there upon was allowed of by the King without any more ceremony VVilliam Boerly Esq 17. H. 6. Willam Tressam Esq 18. H. 6 William Burley Esq 23. H. 6 William Tressam Esq 25. H. 6 Iohn Day Esq 27. H. 6 Sir Iohn Popham 28. H. 6 This excuse by reason of his age and impotency by his service in the warre was allowed of by the King and the same day the Commons presented M. William Tresham for their Speaker and he was allowed VVilliam Tresham Esq 28. H. 6 Hee made no excuse at all for ought appearing on the Record Sir William Oldham 29. H. 6 He made no excuse Thomas Thorpe Esq 21. H. 6 Thomas Thorpe Esq 31. H. 6 He was arested in execution at the suite of the Duke of Yorke betweene two Sessions of Parliament wherein the opinions of the Judges being demanded by the Lords the Judges answered it belonged not unto them to judge of the liberties of Parliament whereupon without them it was adjudged that hee was not to have priviledge which was signified to the Commons by some of the Lords and the Kings pleasure for present choosing of a new Speaker was declared unto them whereupon they forth with chose Sir Shomas Charlton Sir Thomas Charlton 31. H. 6 Sir Iohn VVenlock 33. H. 6 Thomas Tresham Esq 38. H. 6 Iohn Green Esq 39. H. 6 Sir Iames Ttrangwaies 1. Ed. 4 Iohn Say Esq. 7. Ed. 4 VVilliam Allington Esq 12. Ed. 4 VVilliam Allington Esq 17. Ed. 4 Iohn VVood Esq. 22. Ed. 4 VVilliam Catesbey Esq 1. R. 3 In these times the Lord Chancellor Speaker of the Lords house being for the most part a Bishop tooke a text out of Scripture or some other Theame and grounded his Oration thereupon therein declaring the cause of the Summons of the Parliament and in conclusion thereof as the use now is declared to the house of Commons the Kings pleasure that they should repaire to their house and make choice of a Speaker not naming any day when they should present him as is now used and when the Commons had chosen their Speaker they sent up some of their house to the Lords to desire them to intimate to the King that they had made choice of a Speaker not naming whom and to move the King to appoint a time when they should present him and commonly the King having beene formerly spoken unto the day agreed upon by the King was declared unto them at the day appointed the Commons presented their Speaker who prayed that hee might bee excused but his excuse not being admitted hee maketh the common protestation touching his owne mistakings without any petitions in the behalfe of the Commons as is now usuall Thomas Lovell Esq 1. H. 7 After Knighted and made of the privy Councell to King Henry the 7. and H. 8. Iohn Mordant 3. H. 7 Sir Thomas Fitz
THE MANNER HOW STATVTES Are enacted in PARLIAMENT BY Passing of Bills Collected many yeares past out of the Iournalls of the house of Commons By W. Hakewil of Lincolnes Inne Esquire Together with a Catalogue of the Speakers Names London printed by T. H. for Iohn Benson at St. Dunstans Church yard 1641. Cum Privilegio THE PREFACE HAving about thirty yeeres past the free use and perusall of all the Iournalls of the Commons house of Parliament from the first yeare of K. Edward the sixth being the most ancient that they have untill that time And being unwilling to lose the advantage of that opportunity I read them all through and whatsoever I conceived to tend to the rule of the house wherein I was the better inabled to udge in respect I had served in divers Parliaments or Sessions of Parliament before that time I reduced under apt Parliamentary Titles Amongst the rest in this Chapter of passing of Bills I was the more sedulous because it is indeed the daily and most proper worke of that house wherein I have beene carefull not to propose any thing for a rule for which I have not vouched the authority of the Iournall Those my collections I imparted many yeeres since to some of my friends which being by the length of time multiplied into very many copies one of them and I thinke the falsest written of all the rest was without my knowledge lately printed and by the negligence of the Printer the errors of the copie were much increased insomuch that it pleased the honourable house of Commons because it concerned their orders to take notice thereof and take some order therein by which I was induced to make this publication being otherwise very unwilling to have appeared in print and to have subjected my selfe to publique censure It were in my poore opinion to be wisht that the same course were taken by the house of Commons as was by the Lords in 18. Iacobi Regis who appointed a Committee for the collecting of the rules and orders of that house which being collected they caused to be fairly ingrossed in a roll of parchment which by order is alwaies read in the beginning of every Parliament and resteth in the custody of the Clarke of that house to be presently resorted unto upon all occasions where by much of their pretious time is saved which other wise perhaps would have beene spent in the debating of the Rules and Orders of their house Another excellent Order was made by their Lordships that once every weeke a Committee appointed for that purpose that should peruse and perfect the Clarkes notes and that at the end of every Session all the orders of that Session should bee ingrossed in vellam and fairely bound up which course first began in the time when my worthy friend Master Henry Elsynge that most industrious and able Gentleman was Clarke of that house and hath continued ever since whereas before that time all their Iournalls of which the most ancient are from the begining of King Henry the eight are in paper as are those of the Commons house but more fairely written If to this care of perfecting of the Iournalls of the house of Commons there were some provision made by that house for the safe preserving of them answerable to that which the Lords have whose Clarke hath a house belonging to him and his successors where all their Records are kept to posterity the Iournalls and Records of the Commons house would not as now they may come to the hands of Executors or Administrators and bee removed to and fro in hazard of being lost or corrupted and defaced as is well knowne that some of them have beene and that in passages of the greatest moment whereby the Common wealth may receive great prejudice if it be not prevented which my humble propositions I do together with this Treatise in all humility submit to the great wisdome of that honourable Assembly by whose favor this is published WIL HAKEWIL The Contents BY whom Bills are drawne and presented to the Parliament Fol. 1 Orders to be observed in preferring of Bills to be read 6 Touching the first reading of Bills 10 Touching the second reading and committing of Bills 19 Touching the third reading of Bils 33 Touching Provisoes Schedules Amendments and Amendments of Amendments 45 Touching the sending of Bills from one house to the other 68 Touching the Royall Assent 74 A report of divers memorable passages between both Houses in the Parliament 18. Eliz concerning the adding of a proviso by the Commons unto a Bill sent to the Lords ingrossed and signed by the Queene and passed by the Lords for the restitution in blood of a certaine Lord and sent downe by the Lords to the house of Commons A Catalogue of the Names of the Speakers of the Commons House of Parliament Pag. 105 PEtrus de Mountford Pag. 106 Scroope 107 Sir Peter de la Mare 107 Sir Thomas Hungerford 108 Sir Peirce de la Mare Ibid. Sir James Pickering Ibid. Sir John Goldesborough Ibid. Sir Richard Walgrave 109 Sir James Pickering Ibid. Sir John Bushey Ibid. Sir John Bushey 110 Sir John Cheney 111 John Dorewood 112 Sir Arnold Savage Ibid. Sir Henry de Redeford 113 Sir Arnold Savage Ibid. Sir William Sturney 114 Sir John Cheyney Ibid. Sir John Tibtoft Ibid. Thomas Chanser 116 William Stonrton Ibid. John Doreward 118 Thomas Chanser Ibid. Walter Huugerford Ibid. Richard Redman Ibid. Sir Walter Beauchamp Ibid. Roger Flower 119 Richard Bayuard Ibid. John Russell 120 Sir Thomasa Wuton Ibid. Richard Vernon Ibid. John Tirell Ibid. Mr. William Allington Ibid. Iohn Tirell 121 Iohn Russell Ibid. Roger Hurst Ibid. Iohn Bowes Ibid. Sir Iohn Tirell Ibid. Sir Iohn Tirell 122 William Boerly Ibid. William Tressam 123 William Burley Ibid. William Tressam Ibid. Iohn Day Ibid. Sir Iohn Popham Ibid. William Tresham 124 Sir William Oldham Ibid. Thomas Thorpe 125 Sir Thomas Charlton 126 Sir Iohn Wenlock Ibid. Thomas Tresham Ibid. Iohn Greene Ibid. Sir Iames Strangwayes 127 Iohn Say Ibid. William Allington Ibid. Iohn Wood Ibid. William Catesbey Ibid. Thomas Lovell 129 Iohn Mordant 130 Sir Thomas Fitzwilliams Ibid. Richard Empson Ibid. Sir Reginald Bray 131 Robert Drury Ibid. Thomas Inglefield Ibid. Edmond Dudley Ibid. Sir Thomas Inglefield 132 Sir Robert Sheffeild Ibid. Sir Thomas Nevill Ibid. Sir Thomas More 133 Thomas Audeley 134 Richard Rich. 135 Sir Nich. Hare Ibid. Thomas Moyle 136 Sir Iohn Baker 137 Sir Iames Dyer Ibid. Iohn Pollard 138 Clement Higham Ibid. Iohn Pollard 139 William Cordall Ibid. Sir Thomas Gargrave 140 Thomas Williams Ibid. Richard Ousloe 141 Christopher Wray Ibid. Robert Bell. 142 Iohn Popham Ibid. Mr. Serjeant Puckering 143 Mr. Serjeant Snagg Ibid. Edward Cooke 144 Mr. Serjeant Yelverton Ibid. Mr. Serjeant Crooke 145 Mr. Serjeant Phelips Ibid. Sir Randall Crew Ibid. Sir Thomas Richardson 146 Sir Thomas Crew Ibid. Sir Thomas Crew 147 Sir Heneage Finch Ibid. Sir Iohn Finch Ibid. Iohn Glanvile 148 William Lenthall Ibid.