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A60560 An old mould to cast new lawes by compiled by the Honourable Sir Thomas Smith, Knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, King Edward & Queen Elizabeth ; reprinted out of the Common-wealth of England by a friend to old bookes and an enemy to new opinions ; together with King James his declaration to both Houses at White-hall, of the kings power in the Parliament of Scotland in making lawes, March 31, 1607.; Common-wealth of England. Selections. 1643 Smith, Thomas, Sir, 1513-1577.; James I, King of England, 1566-1625. 1643 (1643) Wing S4218; ESTC R37569 7,526 14

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AN OLD MOULD TO CAST NEW LAWES BY COMPILED By the Honourable Sir Thomas Smith Knight Doctor of both Lawes and one of the Principall Secretaries unto two most worthy Princes King EDWARD Queen ELIZABETH Reprinted out of the Common-wealth of ENGLAND by a friend to old Bookes and an Enimy to new Opinions TOGETHER With King JAMES His Declaration to both Houses at White-hall of the Kings Power in the Parliament of Scotland in making Lawes March 31. 1607. Remember the dayes of old Consider the years of many Generations ask thy Father and he will shew thee thy Elders and they will tell thee Deut. 32. 7. Vir bonus est Quis Answer is made Qui consulta Patrum qui Leges juraque servat Printed M.DC.XLIII OF THE PARLIAMENT and the Authority thereof THe most high and absolute power of the Realme of England consisteth in the Parliament For as in Warre where the King himselfe in Person the Nobility the rest of the Gentility and the Yeomanry are is the force and power of England so in Peace and Consultation where the Prince is to give life and the last and highest Commandement the Barrony or the Nobility for the higher the Knights Esquires Gentlemen and Commons for the lower part of the Common-wealth the Bishops for the Clergy be present to advertise consult and shew what is good and necessary for the Common-wealth and to consult together and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House the other two parts first each a part and after the Prince himselfe in presence of both the partyes doth consent unto alloweth That is the Prince's and the whole Realmes deed whereupon justly no man can complain but must accommodate himselfe to find it good and obey it That which is done by this consent is called Firme Stable and Sanctum and is taken for Law The Parliament abrogateth old Lawes maketh new giveth order for things past and for things hereafter to be followed changeth rights and possessions of private men legitimateth bastards establisheth formes of Religion altereth waights and measures giveth forme of succession to the Crown defineth of doubtfull rights whereof is no Law already made appoynteth Subsidies Tailes Taxes and impositions giveth most free pardons absolutions restoreth in blood name as the highest Court condemneth or absolveth them whom the Prince will put to that tryall And to be short all that ever the People of Rome might doe either in Centuriatis Comitiis or tributis the same may be done by the Parliament of England which representeth and hath the power of the whole Realme both the head and the body For every English man is intended to be there present either in Person or by Procuration or Atturney of what Preheminence State Dignity or Quality soever he be from the Prince be he King or Queen to the lowest person of England And the consent of the Parliament is taken to be every mans consent The Iudges in Parliament are the King or Queens Majesty the Lords Temporall and Spirituall the Commons presented by the Knights and Burgesses of every Shire and Burrough Town These all or the greatest part of them and that with the consent of the Prince for the time being must agree to the making of Lawes The officers in Parliament are the Speakers two Clarkes the one for the Higher House the other for the Lower and Committees The Speaker is he that doth commend and preferre the Bills exhibited into the Parliament and is the Mouth of the Parliament He is commonly appoynted by the King or Queen though accepted by the assent of the House The Clarkes are the keepers of the Parliament Rolles and Records and of the Statutes made and have the custody of the private Statutes not Printed The Committees are such as either the Lords in the Higher House or Burgesses in the Lower House doe chuse to frame the Lawes upon such Billes as are agreed upon and afterward to be ratified by the same Houses Of the forme of holding the Parliament THe Prince sendeth forth His rescripts or writs to every Duke Marquesse Baron and every other Lord Temporall or Spirituall who hath voyce in the Parliament to be at his great Councell of Parliament such a day the space from the date of the writ is cōmonly at the least 40. dayes he sendeth also writs to the Sheriffes of every Shire to admonish the whole Shire to chuse two Knights of the Parliament in the name of the Shire to heare and reason and to give their advice and consent in the name of the Shire and to be present at that day likewise to every Citty and Towne which of ancient time hath been wont to find Burgesses of the Parliament so to make election that they may be present at the first day of the Parliament The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none Yeomen I call here as before that may dispend at the least 40s of yearly rent of free land of his own These meeting at one day the two who have the more of their voyces be chosen Knights of the Shire for that Parliament likewise by the plurality of the voyces of the Cittizens Burgesses be the Burgesses elected The first day of the Parliament the Prince and all the Lords in their Robes of Parliament doe meet in the Higher House where after prayers made they that be present are written and they that be absent upon sicknesse or some other reasonable cause which the Prince will allow doe constitute under their hand and Seale some one of these who be present as their Procurer or Atturney to give voyce for them so that by presence or Atturney and Proxy they be all there all the Princes and Barons and all Arch-Bishops and Bishops and when Abbots were so many Abbots as had voyce in Parliament The place where the assembly is is richly Tapessed and Hanged a Princely and Royall Throne as appertaineth to a King set in the midst of the higher place thereof Next under the Prince sitteth the Chancellor who is the voyce and Orator of the Prince On the one side of that House or Chamber sitteth the Arch-bishops Bishops each in his ranke on the other side the Dukes and Barons In the midst thereof upon Woolsacks sit the Iudges of the Realme the Master of the Rolles and the Secretaries of State But these that sit on the Woolsacks have no voyce in the House but only sit there to answer their knowledge in the Law when they be askt if any doubt arise among the Lords The Secretaries doe answer of such Letters or things passed in Councell whereof they have the custody and knowledge and this is called the Vpper House whose consent and dissent is given by each man severally and by himselfe first for himselfe and then severally for as many
as he hath Letters and Proxies when it cometh to the question saying only content or not content without farther reasoning or replying In this mean time the Knights of the Shires and Burgesses of the Parliament for so they are called that have voyce in Parliament and are Chosen as I have said before to the number betwixt three and foure Hundred are called by such as it pleaseth the Prince to appoynt into an open great house or chamber by name to which they answer and declaring for what Shire or Town they answer then they are willed to choose an able and discreet man to be as it were the mouth of them all and to speak for and in the name of them and to present him so chosen by them to the Prince which done they comming all with him to the Barre which is at the nether end of the upper House there he first prayseth the Prince then maketh his excuse of inability and prayeth the Prince that He would command the Commons to choose another The Chancellor in the Princes name doth so much declare him able as he did declare himselfe unable and thanketh the Commons for choosing so wise discreet and eloquent a man and willeth them to goe and consult of Lawes for the Common-wealth Then the Speaker maketh certain requests to the Prince in the name of the Commons First that His Majesty would be content that they may use and injoy all their Liberties priviledges that the Commons House was wont to injoy Secondly that they may frankly and freely say their minds in disputing of such matters as may come in question and that without offence to His Majesty Thirdly if any should chance of that Lower House to offend or not to doe or say as should become him or if any should offend any of them being called to that His Majesties Highnesse Court that they themselves according to the ancient custome might have the punishment of them And fourthly that if there came any doubt whereupon they shall desire to have the advice or conference with His Majesty or with any of the Lords that they might doe it all which he promiseth in the Commons names that they shall not abuse but have such regard as most faithfull true and loving Subjects ought to have to their Prince The Chancellor answereth in the Princes Name as appertaineth And this is all that is done for one day and sometimes for two Besides the Chancellor there is one in the upper House who is called the Clarke of the Parliament who readeth the Bills For all that commeth in consultation either in the upper House or in the neather House is put in writing first in paper which being once read he that will riseth up and speaketh with it or against it and so one after another so long as they shall thinke good That done they go to another so to another Bill After it hath been once or twice read and doth appeare that it is somewhat liked as reasonable with such amendment in words and peradventure some sentences as by disputation seemeth to be amended in the upper House the Chancellor asketh if they will have it ingrossed that is to say put into Parchment which done read the third time and that eft-soones if any be disposed to objected disputed againe among them the Chancellor asketh if they will go to the question and if they agree to go to the question then he saith here is such a Law or Act concerning such a matter which hath been thrice read here in this House are ye content that it be enacted or no If the not contents be more then the Bill is dashed that is to say the Law is annihilated and goeth no farther If the contents be the more then the Clarke writeth underneath Soit baille aux Commons And so when they see time they send such Bills as they have approved by two or three of those which doe sit on the wool-sacks to the Commons who asking licence and comming into the house with due reverence saith to the speaker Maister speaker my Lords of the upper House have passed among them and thinke good that there should be enacted by Parliament such an Act such an Act and so readeth the titles of that Act or Acts. They pray you to consider of them shew them your advise which done they go their way They being gone and the doore againe being shut the Speaker rehearseth to the house what they said And if they be not busie disputing at the time in another Bill he asketh them straight way if they will have that Bill or if there be moe one of them In like manner in the lower House the Speaker sitting in a seat or chayre for that purpose somewhat higher that he may see and be seene of them all hath before him in a lower seat his Clarke who readeth such Bills as be first propounded in the lower House or be sent down from the Lords For in that point each House hath equall authority to propound what they thinke meet either for the abrogating of some Law made before or for making of a new All Bills be thrice in three divers dayes read and disputed upon before they come to question In the disputing is a marvailous good order used in the lower House He that standeth up bare-headed is understanded that he will speake to the Bill If more stand up who that is first judged to arise is first heard though the one doe praise the Law the other disswade it yet there is no alteration For every man speaketh as to the Speaker not as one to another for that is against the order of the house It is also taken against the order to name him whom ye doe confute but by circumlocution as he that speaketh with the Bill or he that speaketh against the Bill and gave this and this reason And so with perpetuall oration not with alteration he goeth through till he have made an end He that once hath spoken in a Bill though he be confuted strait that day may not reply no though he would change his opinion So that to one Bill in one day one may not in that House speake twice for else one or two with alteration would spend all the time the next day he may but then also but once No reviling or nipping words must be used For then all the House will cry 't is against the order and if any speake irreverently or seditiously against the Prince or the privy Counsell I have seene them not only interrupted but it hath been moved after to the House and they have sent them to the Tower So that in such a multitude and in such a diversity of minds and opinions there is the greatest modesty and temperance of speech that can be used Neverthelesse with much dulce and gentle termes they make their reasons as violent and as vehement the one against the other as they may ordinarily except it be for urgent causes