a Contempt after the Writ of Summons but before the Election Ordered upon the Question That he shall have his Priviledge by Writ of Habeas corpus Sheriff 1º Iacobi 2d Sess Sir Iohn Peyton Knight for Cambridge being returned the last Session and since chosen Sheriff Mr. Speaker moved to know the pleasure of the House Whether he should attend his Service here And it was resolved upon the Question in the House he should attend his Service here Priviledge to Servants Priviledge was also granted to the Servants of Members during the sitting of Parliament 16º Febr. 5º Eliz. Robert Parker Servant to Sir William Woodhouse Knight for Norfolk being attached in London at the Suit of one Baker in a Trespass had a Warrant of priviledge notwithstanding Judgement given against him for Four Marks 20º Febr. 18º Eliz. 1575. Upon the Question and also upon Division of the House Edward Smaley Servant unto Arthur Hall Esq one of the Burgesses for Grantham being arrested upon an Execution had Priviledge 16º Decembr 44º Eliz. Anthony Curwen Servant to William Huddleston Esq one of the Knights of Cumberland being arrested upon a Capias ad satisfaciendum out of the Common-Pleas for Six pounds Debt and Forty shillings Damages and detained in Execution a Supersedeas was awarded and he was delivered 11º Maii 19º Iacobi The Undersheriff of Middlesex was called to the Bar for causing Alexander Melling Servant to the Chancellor of the Dutchy to be arrested he denied he knew him to be his Servant Mr. Speaker let him know the House had ordered him to have Priviledge and therefore ordereth the Undersheriff to discharge him 2. Session of the Parliament 1º Iacobi Sir Edward Sandys moveth a breach of Priviledge by Sir Robert Leigh a Justice of Peace for committing his Coachman to Newgate Sir Robert Leigh was sent for by the Serjeant and an Habeas corpus for the prisoner Sir Robert Leigh being brought to the Bar acknowledged his fault and was discharged and so was the prisoner 3º Maii 1606. Valentine Syre Servant and Bag-bearer to the Clerk of the Commons House being arrested upon an Execution was by Order and Judgement of the House enlarged 7º Sep. 1601. Woodal Servant of William Cook Esq a Member of the House being arrested and in prison in Newgate the Serjeant at Arms was presently sent to Newgate to bring him to the House sedente Curia 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. Iuly 1607. Iohn Pasmore the Marshals man being sent for fnd brought to the Bar for arresting Iohn Iessop Waterman Servant to Sir Henry Nevil a Member of the House he denied that he knew he was Sir Henry's Servant until afterwards notwithstanding he took an Assumpsit from him to answer the Action The House thought fit to commit him to the Serjeant till the House's pleasure were further known and till he had discharged the Assumpsit and paid the Fees 17. Iune 1609. Upon a Report of 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 followed it and Fisher at whose Suit he was arrested 4º Junii 19º Iacobi Johnson a Servant to Sir James Whitelock a Member of the Commons House was arrested upon an Execution by Moor and Lock who being told Sir Iames Whitelock was a Parliament man Fulk one of the prosecutors said He had known greater mens men then Sir Iames Whitelock taken from their Masters heels in Parliament time This appearing Lock and Moor were called in to the Bar and by the Judgement of the House they were sentenced 1. That at the Bar they should ask forgiveness of the House and of Sir Iames Whitelock on their knees 2. That they should both ride upon one horse bare-backed 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 Curia which judgement was pronounced by Mr. Speaker against them at the Bar upon their knees 28º Aprilis 22º Iacobi A Warrant was Ordered 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 Goods That the Members of this House have also Priviledge for their Goods is not without some President 12. March 1606. Complaint was made by Mr. Iames a Burgess of Parliament 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 Adjournments During the Adjournment like Priviledge was granted and affirmed In December 1606. Thomas Finch a servant to Sir Nicholas Sandys Knight 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 Finch was an Attorney at Law yet it being avowed 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 President of the Baron of Walton's Solicitor and Huddleston's Solicitor in the time of Queen Elizabeth upon the Question Finch was priviledged and delivered according to the said Presidents During that Adjournment a Suit was prosecuted in the Court of Wards against Nicholas Potts Esq and Francis Wethered Gent. Committees of a Ward which concerned Mr. Nicholas Davyes servant to the then Speaker as Assignee of the Ward The Speaker by virtue of a former general Order of the House wrote a Letter to Sir Cuthbert Pepper Surveyor of the Court of Wards and Liveries to make known to the Court That the said Davyes was one of his Clerks and nearest Servants and the Priviledge now as warrantable as in time of sitting and therefore prayed him and the Court to take notice of it During another Adjournment in March following the Speaker warranted by the like general Order at the desire of Sir Edmund Ludlow who was summoned to attend the Execution of a Commission out the Chancery wrote a Letter to the Commissioners to excuse his attendance and that he should not be prejudiced by his
absence In May 1607. during an Adjournment the Speaker directed a Letter to the Lord President and Council at York to stay Proceedings in a Suit against Talbot Bowes a Member of this House Priviledge as well before as after the Parliament The great Question is within what time this Priviledge may be claimed before and after the sitting of the Parliament It is clear it hath been claimed and allowed for some time before and after the sitting One President may serve because it is famous and for the proceedings in it instar omnium 1º Iacobi The first day of sitting complaint was made That Sir Thomas Shirley chosen a Member of the House was arrested four days before the sitting of this Parliament a Warrant issued to the Clerk of the Crown for a Habeas corpus to bring him to the House being then prisoner in the Fleet and the Serjeant and his Yeoman were sent for in custody who being brought to the Bar and confessing their fault were remitted for that time The Writ being not executed the House fell again into Debate touching the Priviledge and how the Debt to the party might be satisfied because the Debt was gone if the party were delivered and thereupon came to three Questions 1. Whether Sir Thomas Shirley shall have Priviledge 2. Whether presently or to be deferred till further Order 3. Whether the House should be petitioners to the King according to former Presidents for some course for securing the Debt to the party and saving harmless the Warden of the Fleet. All which Questions were resolved in the Affirmative and a Bill drawn to secure Simpsons Debt c. which also produced a Bill for relief of Plaintiffs in Writs of Execution where the Defendants in such Writs are arrested and set at liberty by Priviledge of Parliament 17. April Upon hearing Council in the House at the Bar for Sir Thomas Shirley and the Warden of the Fleet and upon shewing divers Presidents 39. Hen. 6. one Clark taken in Execution before the Parliament begun was priviledged 30. Hen. 6. Ferrers Case in Holling sheads Chronicle the Case of Huddleston's servant before remembred this being added that his Body was freed but his Lands and Goods left subject It was Ordered That Simpson at whose Suit and the Serjeant by whom the arrest was made should be commiteed to the Tower 4. May following an Habeas corpus was awarded to the Warden to bring Sir Thomas Shirley to the House the Warden denied to execute it for which 7. May following he was sent for by the Serjeant and brought to the Bar who denying to bring his prisoner a new Writ of Habeas corpus was awarded and the Warden was committed to the Serjeant with this That if that Writ were not executed then he should be delivered over to the Lieutenant of the Tower as the House's prisoner 8. May The Serjeant was sent with his Mace to the Fleet the House sitting to require the Body of Sir Thomas Shirley being directed by the House to pursue the President of Ferrers recorded in Hollingshead's Chronicle and in the Book of Jurisdiction of Courts by Crompton but the Serjeant being denied a Warrant was made to the Scrjeant to deliver the Warden of the Fleet to the Lieutenant of the Tower to be kept close prisoner 11. May The Warden was again sent for and brought to the Bar and refusing to deliver up his prisoner he was committed to the place called the Dungeon or Little-ease in the Tower 14. May A new Warrant was ordered for a new Writ of Habeas corpus and that the Serjeant should go with the Writ that the Warden should be brought to the Door of the Fleet by the Lieutenant himself and there the Writ to be delivered to him and the Commandment of the House to be made known to him by the Serjeant for the executing of it That in the mean time the Warden to be presently committed to the Dungeon and after to be returned thither again 15. May The Warden did deliver Sir Thomas Shirley and so was not put into the Dungeon 19. May He attending at the door was brought in to the Bar where upon his knees confessing his error and presumption and professing he was unfainedly sorry he had so offended this Honorable House Upon that submission by direction of the House the Speaker pronounced his pardon and discharge paying ordinary Fees to the Clerk and the Serjeant That this Priviledge doth take place by force of the Election and that before the Return be made appears by the proceeding in the Case following 19. November 1601. Upon Information to the House that one Roger Baston Servant unto Lancton 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 returned 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 Baston was ordered to have Priviledge and to be discharged of his Arrest and Imprisonment and the Offenders for three days committed to the Serjeant and ordered to pay such Charges to Baston as the Speaker shall set down and their Fees For how long time before and after the Parliament By these Instances as also by Clarks Case 39. Hen. 6. and the Case of Sir Robert Wroths Servant before recited it appeareth That Priviledge doth take place before the Parliament begin but for what time is the Question what appears by the Journal Book tending to clear it is thus 6. March 1586. This day William White brought to the Bar for arresting Mr. Martin a Member of the House made answer That the arrest was above fourteen days before the beginning of the Parliament the House thereupon appointed a Committee to search the Presidents Upon Report made that Mr. Martin was arrested above twenty days of the beginning of the Parliament held by prorogation and upon Debate the House being divided in opinion about the Priviledge for the ending the Business three Questions were propounded by the Speaker 1. Whether the House would limit a time Certain or a Reasonable time to any Member of the House for his Priviledge The House answered A Conenient time 2. Whether Mr. Martin was arrested within this Convenient time The House answered Yea. 3. If White should be punished for arresting Mr. Martin The House answered No. And the reason is given Because the arrest was twenty days before the beginning of the Parliament and the Creditors did not know what should be taken for a Reasonable time 24. April 1640. It was this day said in the House and not contradicted That every Member of the House hath Priviledge for Sixteen days exclusivè and Fifteen days
MEMORIALS OF THE Method and Maner OF Proceedings in Parliament in passing BILLS Together with several Rules and Customs which by long and constant practice have obtained the Name of Orders of the House GATHERED By Observation and out of the Journal Books from the time of Edward 6. By H. S. E. C. P. London Printed by Henry Hills and John Field Printers to His Highness 1656. CHAP. I. The maner of chusing a Speaker in Parliament THe day the Speaker is chosen the Proceeding hath been in this maner Some persons when the generality of Members are come and sit doth put the House in minde That for their better proceedings in the weighty Affairs they are come about their first work is to appoint a Speaker and recommends to the House some Person of fitness and ability for that Service and Dignity which usually hath been one of the long Robe If the House generally give a testimony of their approbation two of the Members which for the most part were of the Council or chief Officer of the Court going to the Gentleman named and agreed to be Speaker take him from his Place and lead him unto the Chair where being set they return to their places If more then one person be named for Speaker and it be doubtful who is more generally chosen sometimes one of the Members standing in his place doth by direction or leave of the House put a Question for determining the same In the first Session of the Parliament 1º Jacobi Sir Edward Phelips the Kings Serjeant at Law was first named by Mr. Secretary Herbert as fit for that place in regard of his knowledge of the Laws the gift of Utterance his long experience and practice in Parliament after some silence the names of others were mentioned but the more general Voice ran upon Sir Edward Phelips who thereupon stood up and made a Speech to excuse and disable himself but the House notwithstanding his excuse was willing to proceed to a Question and directed the Clerk sitting at the Board as the Order is before the Speaker be chosen so it is entred in the Journal of that Session to make the Question upon his name viz. All that will have Sir Edward Phelips Speaker say Yea c. Which done and he being by general Acclamation chosen Speaker he was by Sir John Herbert and Sir Edward Stafford leading him as the form is placed in the Chair the ancient Seat of Speakers where being set after some silence he stood up and made a gratulatory Speech of Form and Thanks The first Business in the House is ordinarily to read a Bill that was not passed in the last Parliament preceding or some new Bill as in that of 1º Jacobi a new Bill Entituled Touching Common Recoveries against Infants was read 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. II. Decorum to be observed in the House WHen the Speaker is set in his chair every Member is to sit in his place with his Head covered No Member in coming into the House or in removing from his place is to pass between the Speaker and any Member then speaking nor may cross or go overthwart the House or pass from one side to the other while the House is sitting No Member is to come into the House with his Head covered nor to remove from one place to another with his Hat on nor is to put on his Hat in coming in or removing until he be sate down in his place While the House is sitting no man ought to speak or whisper to another to the end the House may not be interrupted when any are speaking but every one is to attend unto what is spoken In which Case Penalties have been imposed as 4. Decem. 1640. and at other times When any Member intends to speak he is to stand up in his place uncovered and address himself to the Speaker who usually calls such person by his name that the House may take notice who it is that speaks If more then one stand up at once the Speaker is to determine who was first up and he is to speak and the other sit down unless he who was first up sit down again and give way to the other or that some other Member stand up and acquaint the House that another was up before him whom the Speaker calls and the House adjudge it so While one is speaking none else is to stand up or interrupt him until he have done speaking and be sate down and then any other may rise up and speak observing the Rules 21. Junii 1604. It was agreed for an Order That When Mr. Speaker desires to speak he ought to be heard without interruption if the House be silent and not in dispute 12. Jacobi It was vouched by Sir Dudley Diggs a person of much experience in Parliaments That when the Speaker stands up the Member standing up ought to sit down 27. April 1604. Agreed for a Rule That if any Question be upon a Bill the Speaker is to explain but not to sway the House with Argument or Dispute June 4. 1604. Agreed for an Order That whosoever hisseth or disturbeth any man in his Speech shall answer it at the Bar. 7. Maii 1607. Ordered upon the Question That in going forth no Man should stir until Mr. Speaker do arise and go before and then all the rest to follow after him CHAP. III. Standing Committees IN Parliament there have usually been Five Standing Committees appointed in the beginning of the Parliament and remaining during all the Session other Committees were made occasionally and dissolved after the Business committed unto them was reported The Standing Committees are for Priviledges Elections Religion Grievances Courts of Justice Trade The Committees for Religion Grievances and Courts of Justice are always Grand Committees of the House which are to sit in the Afternoons upon such Days as the House doth appoint to them respectively The Committee for Trade hath sometimes been a select Committee particularly named and all such Members as should come to it to have Voices as in November 1640. Sometimes a Grand Committee of the whose House as 21. Iacobi CHAP. IV. Power and proceedings of the Committee for Priviledges BUt the Committee for Priviledges and Elections hath alway had the precedence of all other Committees 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 Members named by the House 21. Iacobi Upon naming a Committee for Priviledges and Elections a Motion was made That all that come should have Voices but Sir Thomas Crew then Speaker and well versed in Rules of
Parliament minded the House That by the Orders of the House that was not to be done and by divers other Members it was insisted on to be contrary to all former Presidents yet upon the Debate a Question was put Whether all that should come should have Voices at that Committee and it passed in the Negative And another Question being put Whether the persons nominated onely should be of that Committee it was resolved in the Affirmative It was then also agreed That Council should be admitted at that Committee The Power anciently given to this Committee appears by the Entry in the Journal Book 26. Feb. 1692. in 39. Eliz. That this Committee should during all that present sitting of Parliament examine and make report of all such Cases touching the Elections and Returns of any the Knights Citizens Burgesses and Barons of the House And also of all such Cases for Priviledge as in any Wise may occur or fall out during all the same Session of Parliament to the end the House upon Report of the same Examinations might proceed to such further Course in every the same Cases as should be thought sit And notice was given That all the Members of the House might repair thither as there should be cause This latter Power touching Priviledge seems to have been inserted to prevent the Houses being troubled with Informations until they were examined and ripe for a Determination But in other Parliaments both before and since that Power doth not appear to have been given them so absolutely but matters of Priviledge were upon Information to the House there heard and not in a Committee unless in some special Cases wherein there was cause of Examination or of some preparation of a Charge as in the Case of Smaley 23. Eliz. and many other Cases The Power of this Committee usually was as it is entred 6. Novembr 1640. To examine and consider all Questions which shall grow and arise that Parliament about Elections Returns and other Priviledges Or as in the Parliament 1º Iacobi thus This Committee are to examine all matters 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 Custom and President And to the end these Questions might be speedily determined and the House might know their Members Days are usually assigned beyond which there shall be no questioning a former Election So in the Parliament of 21. Iacobi the second day of sitting It was Ordered That all Petitions about Elections and Returns should be preferred to the Committee of Priviledges within a Fortnight from that Day or else to be silenced for that Session 16. April 1640. Ordered That those who Would question Elections should do it within Ten days by Petition 6. Novembr 1640. Ordered That all such as will question Elections now returned should do it in Fourteen days and so within Fourteen days after any new Return Some questions have been where there have been double Indentures returned for several persons for the same place whether all or any or which of them should sit The general rule and practice hath been in such case That neither one nor other should sit in the House until it were either decided or Ordered by the House Therefore in April 1640. the Lord High Steward who had power by himself or his Deputies to minister the Oathes of Supremacy and Allegiance to all Members returned before they sate in the House gave Order That where there were more returned for any one place then ought to be there should be none of them sworn till it were decided by the House who were duly Elected But that which may satisfie herein is the Order of the House in that Parliament That if any sit in the House that are returned by more Indentures then usual they should withdraw till the Committee for Priviledges had further Ordered In the Parliament begun April 1640. and November 1640. It was moved That where some are returned by the Sheriff or such other Officer as in Law hath power to Return and others by private hands therefore those returned by the Sheriff or such Officer should sit till the Election be quashed by the House But nothing was Ordered upon it 24. Febr. 1623. Sir Francis Popham being returned a Burgess for Chippenham by one Indenture and another person returned for the same place by another Indenture it was moved he might be admitted into the House till the matter were determined against him and a President quoted in Sir Thomas Wentworth's Case the last preceding Parliament But it was then insisted on by the Chancellor of the Dutchy and others That this being a Case of a double Return he was not to be admitted and so it was referred to the Committee for Priviledges His Case being reported 9. April he was judged to be duly Elected 21. Jacobi Two Indentures were returned for Southwark the one returned Yarrow and Mingy the other Yarrow and Bromfield upon a Report from the Committee for Elections it was resolved That the Election and Return for Yarrow should stand good and that he should sit in the House 22. Martii 21. Jacobi The House was acquainted that Sir John Jackson and Sir Tho Beaumont were both returned for one Burgesses place for Pomfret and therefore it was moved That both might be suspended till it were determined Mr. Glanvill made answer to that Motion That he that was returned might sit in the House until it were determined which being contradicted by others and much Dispute on both sides it was lastly urged by Sir Robert Phelips That there was not any President for it and therefore moved the Committee might take the Election into consideration to morrow and that in the mean time the parties might forbear to come into the House which was Ordered accordingly 4. Novem. 1640. Upon a Report from the Committee for Priviledges That several Indentures were returned for Burgesses for the Burrough of Bossinny in the County of Cornwal the one by the Major of the Town the other promiscuously The Committee were of opinion upon view of the bare Indenture That Sir Ch Harbord who was returned by the Major was well returned but the House declared he should not sit till the Election were decided In the same Parliament two Returns were made for Marlo Magna in both Indentures John Burlace Esq was returned therefore upon Report from the Committee he was admitted to sit but the other to forbear till the Question be determined 17. April 19. Iacobi It was Ordered That no Petition should be received by a Committee but openly at the 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 in 21. Iacobi upon a Report made from the Committee for Elections and Priviledges praying the direction of the House whether Affidavits might be made use of at that Committee These Reasons
for the County of Warwick were void a Question was put whether it should be two Questions and that being Resolved in the Affirmative the Questions were put severally upon the Election of the one first and then of the other No Member in his Discourse in the House may mention the name of any other Member then present but to describe him by his Title or Addition as that Noble Lord Worthy Knight or by his Office as Judge Scrjeant Gentleman of the long or short Robe or by his Place as the Gentleman near the Chair near the Bar on the other side or thus the Gentleman that spake last or last save one or the like During any Debate any Member though he have spoken to the Matter may rise up and speak to the Orders of the House if they be transgressed in case the Speaker do not but if the Speaker stand up he is first to be heard and when he stands up the other must sit down till the Speaker sit down But if any person rise up to speak to the Orders of the House in the midst of a Debate he must keep within that Line and not fall into the Matter it self if he do he may be taken down by the Speaker or any other Member calling to the Orders of the House Whiles a Member is speaking to a Debate or Question he is to be heard out and not taken down unless by Mr. Speaker in such Cases as you sinde therein expressed or that he speak of such Matter as the House doth not think fit to admit 24. Januar. 23. Eliz. Upon a Debate in the House Mr. Carleton endeavoring to speak contrary to the Sense of the House was interrupted and afterwards offering to speak again saying with some repetition That it was for the liberty of the House the Speaker and the House did stay him April 1604. Agreed for a Rule of the House He that digresseth from the Matter to fall upon the Person ought to be suppressed by the Speaker 17. April 1604. Agreed for a general Rule If any superfluous Motion or tedious Speech be offered in the House the party is to be directed and ordered by the Speaker 2. Maii 1610. 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. Maii 1604. 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 mera side sola side c. was interrupted and the Question offered whether he should go on in respect of the Order But it was agreed for a Rule If any man speak not to the Matter in Question the Speaker is to moderate 14. April 1604. In a Matter formerly proposed touching the abuse of the Purveyors it was argued Whether it were fittest to proceed by way of Petition to the King or by Bill which was spoken to by Mr. Marten Mr. Hoskins and others and lastly by Sir Henry Jenkin who was observed to mistake the Question and therefore to prevent the idle expence of time was interrupted by Mr. Speaker and thereupon a Rule conceived That if any Man speak impertinently or besides 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 them A Matter upon Debate having been once finally determined by a Question ought not to be again brought into dispute 27. Martii 1604. Sir Edward Coke Attorney-General and Doctor Hone bring a Message from the Lords desiring a Conference about the Case of Sir Francis Goodwyn Upon this Message it was argued That now the Judgement having passed the House it could not nor ought to be reversed by them and upon the Question it was Resolved There should be no Conference In sapientum decretis non est litura 2. April 1604. A Vote having passed some days past That no Conference should be admitted with the Lords the same Question was again moved but was carried in the Negative And it was then urged for a Rule That a Question being once made and carried in the Affirmative or Negative cannot be questioned again but must stand as the Judgement of the House In the Answer of the Commons House of Parliament to King James his Objections in Sir Francis Goodwyn's Case 3. April 1604. The Objection being that they refuse Conference with the Lords The Answer is in these words Concerning our refusing Conference with the Lords there was none desired until after our Sentence passed and then we thought that in a Matter private to our own House which by Rules of Order might not be by us revoked we might without any imputation refuse to confer CHAP. VIII Grand Committees and their maner of Proceedings A Grand Committee consists of as many Members at least as constitute the House less may not sit or act as a Committee who have general Powers to consider of any Matters 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 then once to the same Business if there be cause which is not permitted in the House But Grand Committees have their Powers and Rules in other Circumstances given them in express words by the House as to send for Witnesses to hear Council or assign them on either part to send for Records which appears by several Motions made in the Parliament 21. Jacobi Sir Robert Phelips a person of much Experience in the Course and Orders of Parliament moved the House from the Grand Committee for Courts of Justice that they might have Power in the particulars aforesaid 8. Martii and 13. Martii in the same Parliament upon report from the Committee for Trade which then was a Grand Committee the House was moved for their Order to the Merchants Adventurers to bring in their Patents and that the Inventor of the pretermitted Customs should attend the Committee 15. Maii 22. Jacobi Upon Complaint from the Grand Committee for Grievances that they had sent-several Warrants for divers persons to bring in their Patents which they had not done the House Ordered the Serjeant at Arms to be sent for them When any great Business is in agitation that requires much Debate or a Bill for a Publique Tax is to be committed the House doth use to resolve it self into a Grand Committee of the whole House which is done by a Question and then the Speaker leaves his Chair and thereupon the Committee which must consist of as great a number as constitutes a House as is before declared makes choice of a Chair-man in which case if more then one be generally
of Offence 13. May 12º Jacobi Upon report of the Amendments to the Bill for the due observation of the Sabbath day complaint was made that some indignity was offered to Sir R. Owen when he was in the Chair at the Committee by Sir W. H. that told him he was partial and by Sir R. K. who took him by the hand and told him he would pull him out of the Chair that he should put no more tricks upon the House Sir W. H. being present made an acknowledgement of his error which upon the Question was taken for a good satisfaction Sir R. K. was Ordered by the House to acknowledge his error at the Bar. 19º Jacobi Some speeches passing in the House privately between two of the Members and some offence taken which seems was not intended to be given one one of them in going down the Parliament stairs struck the other who thereupon catched at a sword then in his mans hand to strike with it Upon complaint made of it to the House they were both of them ordered to attend the House Being come be who gave the blow was called in and standing not at the Bar but by the Bar was examined by Mr. Speaker confessed the giving the blow insisted on the provocation and withdrew The other was also called in to relate the truth After he had made the relation and was likewise withdrawn and testimony given by a Member of the House who heard the Words the House proceeded to Sentence against Mr. C. who struck the blow he being brought to the Bar there on his knees he received Judgement which was pronounced by the Speaker That he should be committed to the Tower during the pleasure of the House CHAP. XIII Calling the House THere are two ends of Calling the House 1. To discover whether any were in the House who are not returned by the Clerk of the Commonwealth formerly called the Clerk of the Crown in Chancery it having been accounted a great Crime and severely punished 5º Martii 1557. In the Parliament held 4 5º Phil. Mariae I finde this Entry For that Christopher Perne affirmed that he is returned a Burgess for Plimpton in Devon and hath brought no Warrant thereof to the House nor is returned 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 considered It appears by that Book afterwards that he was chosen a Burgess and admitted 9. January 1562. In the second Parliament of Queen Elizabeth For that it seemed to the House being very full that there were a greater number then was returned therefore the Names were immediately called over and as they were called departed out of the House 7º Febr. 1588. The House was called and every one answered to his name and departed out of the House as they were called 2. But chiefly the Calling the House is to discover what Members are absent without leave of the House or just cause in which case Fines have been imposed And on this occasion if the House be called the maner hath 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 called over again the same day sometimes the day after sometimes summoned sometimes sent for by the Serjeant 19. June 1607. The House was called by the general Book of Names in order as they were set down by the Clerk of the Crown at the beginning of the Parliament so it is there entred The Clerk called every one by his name the person called if present riseth up bare-headed and answereth if absent he is either excused and so entred viz. either Licentiatur per speciale servitium either Excusatur ex gratia either Aegrotat If none Excuse him he is entred Deficit That no person may sit in the House until he be so returned as aforesaid 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 CHAP. XIV Petitions in Parliament PEtitions are usually presented by Members of the same County if they be concerning private Persons they are to be subscribed and the persons presenting them called in to the Bar to avow the substance of the Petition especially if it be a Complaint against any So 18. November 1640. one Vivers presented a Petition in the name of the Major Aldermen Burgesses and other Inhabitants of Bambury was called 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 Bambury and thereupon it was committed The like in the same Parliament upon reading the Petition of one Ward of Salop And likewise on reading the Petition of Henry Hoogan CHAP. XV. Priviledge of Parliament IT is often mentioned in the Journals upon Debates That Priviledge was due eundo morando redeundo for the persons of Members and their necessary Servants and in some cases for their Goods and Estates also during that time Some Question hath been touching the time in which the Priviledge is to be allowed and the maner how it is to be obtained For the first the Presidents are very numerous for allowing Priviledge during the Session 1. For their own persons They have been priviledged from Suits Arrests Imprisonments attendance on Trials serving in Juries and the like yea from being summoned or called to attend upon any Suit in other Courts by Subpoena served on them To begin with the latter Subpoena In the Parliament 4º 5º Phil. Mariae 29. January 1557. Thomas Ennys Burgess for the Borough of Thusk complained that a Subpoena was delivered him to appear in Chancery and required the Priviledge of the House whereupon Sir Clement Higham and Mr. Recorder of London were sent to the Lord Chancellor to revoke the Proces And albeit an Entry is made in the Journal 10º Februarii 1584. 26º Elizabethae That upon Motion made touching the opinion of the House for Priviledge in case of a Subpoena served out of the Chancery upon Mr. Richard Cook a Member of the House It was Ordered That the Recorder of London and two other Members of the House attended by the Serjeant should repair presently in the name of the whole House into the body of the Court of Chancery and there to signifie to the Lord Chancellor and Master of the Rolls That by the ancient Liberties of this House the Members of the same are priviledged from being served with Subpoena's and to require withal not onely the discharge of Mr. Cook 's Appearance but from thenceforth to grant Priviledge for other Members upon the request of the House signified under the Speakers hand which Mr. Recorder and the rest did accordingly But they return this answer That the Lord Chancellor told them he
knew no such Priviledge touching Subpoena's and would not allow it unless the House did prove it had been allowed also in that Court of Chancery whereupon Presidents were directed to be viewed but within few days after the Parliament ended Yet the practice in succeeding times declares the Priviledge as appears by the Instance following which was the next Year after and these that follow with a multitude more which might be mentioned 27º Eliz. One Kirle having caused a Subpoena out of the Star-Chamber to be served on a Member of the Commons House and for want of Appearance taken out an Attachment and inforced the payment of Money to discharge the same the said Kirle was committed till he had paid Costs to the person served and made a submission to the House on his knees at the Bar. 15º Maii 1604. A Subpoena out of the Chancery to appear was served on the person of Sir Robert Needham Knight a Member of Parliament upon complaint thereof the Serjeant was sent to Attach the body of him who served the Subpoena 7º Maii 1607. The Serjeant was sent for Edward Throckmorton for serving a Subpoena on Sir Oliver Cromwel 14º Maii 19º Jacobi Upon complaint of the service of a Subpoena on a Member of this House Sir Edward Coke vouched a President 10º Edvardi 3 i That a Subpoena being served on the Clerk of this House the party was committed for breaking the Priviledge of this House 4º Maii 1607. A Subpoena out of the Exchequer being served on Sir R. Pawlet a Member of the House the House thought fit to grant Priviledge and that the same course should be taken as in other the like cases are usual viz. The Serjeant by his Mace to Attach the parties Delinquents and to bring them to the Bar to receive the Judgement of the House and Mr. Speaker the next day wrote a Letter to the Lord chief Baron that no further Proces do issue against the said Sir R. Pawlet 3º Decemb. 19º Jacobi Upon occasion of a Subpoena served on Mr. Breeriton 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 Arrest 33º Eliz. The Sheriffs of London were fined by the Commons and sent to the Tower for not delivering a Burgess arrested for Debt sitting the Parliament 6 April 1593. The Serjeant at the Mace who arrested Mr. Neal a Member of this House upon an Execution as also Weblin at whose Suit he was arrested contrary to the Priviledge of this House were this day brought to the Bar and were both committed prisoners to the Tower and the Serjeant at Arms attending this House was ordered to deliver them over to the Lieutenant of the Tower Vtlary 13. May 1607. Nicholas Allen an Atorney and Palmer at whose Suit Mr. Martin a Member of this House was outlawed were ordered to be sent for by the Serjeant and brought to the Bar to answer their Contempt Attachment In the same Parliament there being Complaint that an Attachment was taken forth against Mr. Bellingham a Member of this House out of the Court of Chancery for a Contempt the House ordered to have Priviledge and a Letter was ordered to be sent to Mr. Evelin one of the six Clerks to stay the Suit Issues A Writ of Petition being issued out a Writ was directed to the Sheriff to levy xx.l. Issues upon Sir Robert Oxenbridge for Non-appearance the same was complained of and the House granted Priviledge with this That if the Issues were not discharged before the next day at night the parties Delinquent were the day after to be brought to the Bar by the Serjeant Tryals 14. May 1576. Sir Edward Montague a Member of the House was warned to attend a Tryal 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 summoned to appear at the Bar the next morning 21. Febr. 1588. Upon Motion made by divers Members of the House having Writs of Nisi prius brought against them that Writs of Supersedeas might be awarded in respect of the Priviledge of this House due to the Members It was Ordered That those Members of the House who have occasion of such Priviledge should declare their Case to the Speaker who shall thereupon direct the Warrant of this House to the Lord Chancellor for awarding such Writ of Supersedeas 3º Martii 18º Jacobi Upon a Report from a Committee appointed to consider of a way of staying Tryals against Members of the House That by several Presidents the Custom appeared to be in such Cases That on Motions and Orders in the House Letters were written to the Justices of Assize for stay of Tryals against Members of the House which Letters were entred 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 should be held according to former Presidents 10º Junii 1607. Sir Robert Johnson a Member of the House moved for a Letter to stay a Tryal 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 affirmed upon this Reason That no man should have any thing to withdraw him from his Service in the House The like 14º Feb. 18º Jacobi And so much this Priviledge hath been insisted on by the House that it hath been a Question Whether any Member of the House could consent that himself should be sued during the Session because the Priviledge is not the persons so much 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 And when 3. Iune 1607. Sir Thomas Holeroft 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 should give leave for a breach of Priviledge and it was resolved The House might give leave Iuries 7º Maii 1607. Sir Thomas Bigg and Sir Thomas Love being returned upon an Attaint in the Kings Bench it being moved that in this Case they ought to have Priviledge it was so ordered and the Serjeant sent with his Mace to deliver the pleasure of the House to the Secundary the Court sitting 22º Novemb. 1597. Sir Iohn Tracy a Member of this House 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 Commitment April 12º Iacobi Sir William Bampsield was committed by the Lord Chancellor for
being insisted upon that Assidavits should not be admitted 1. Because it makes the Parliament lame without the Chancery 2. It entituleth the Chancery to judge of Returns 3. Affidavits are oftentimes cautelously made by Council or Parties 4. Witnesses produced Viva voce by Words Actions Gestures or the like may discover much whereby the Committee may judge It was likewise informed by Sir Edward Coke late Lord chief Justice That in the Parliament when he was Speaker which was 35. Eliz. Affidavits were not used nor since until of late 5. Though the Committee examine not on Oath yet they may punish any that shall testifie untruly of which an instance was given in the last preceding Parliament in the Case of one Damport It was Resolved That all Affidavits to be taken in any Court concerning Elections Returns or any thing depending thereupon should be rejected and not hereafter to be used CHAP. V. Members chosen in several places IT falling out ordinarily that one person is chosen and returned to serve for several places it is in his Election to make his choice in the House in his own person for what place he will serve and waive the other Election so as a Writ may go out for a new Election for such place waived that the number may be full but if he shall not do it by the time which the House shall appoint then it hath been said the House will appoint for what place such person shall continue a Member and that Writs may go out for the other places but Quaere whether it hath been done Oftentimes on the First day of the meeting of the House as soon as the Speaker hath been approved and sometimes before such persons as have been so doubly returned have made their choice In the first Session of Parliament 1º Iacobi the same day Sir Edward Phelips was chosen Speaker 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 And in the same Session the same day after the Speaker had taken his place divers Members who were severally returned as elected in several places made their choice for what places they would stand and new Writs ordered The Parliament beginning the 13. April 1640. and the Speaker being presented the 15th upon the 16th day divers made their choice upon such double Returns The Parliament beginning 3. Novemb. 1640. Upon a long Debate for granting time for Elections on double Returns of this nature It was resolved That all such as are doubly returned shall make their choice for which place they will serve on Monday next 9. Martii 21. Iacobi Resolved That all Members of this House doubly returned shall make their Elections for which they will serve and that those in the House shall do it presently or else new Writs to issue for both CHAP. VI. New Writs for Vacant Places A General Order hath usually been made in the beginning of the Session to authorize the Speaker to give Warrant 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 so it was Ordered in the beginning of the Parliaments 18. Iac. and 21. Iacobi Where such general Order is not made Writs have issued by Warrant of the Speaker by virtue of special Order upon Motion in the House This Warrant is to be directed to the Clerk of the Commonwealth then called the Clerk of the Crown in Chancery by Order of Parliament 13. Novemb. 1601. CHAP. VII Rules and Method of Debates in the House VVHen a Motion hath been made the same may not be put to the Question until it be debated or at least have been seconded and prosecuted by one or more persons standing up in their places as aforesaid and then the same may be put to the Question if the Question be called 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 hath been made that Matter must receive a determination by a Question or be laid aside by the general Sense of the House before another be entertained An instance is in the Journal 28. Iune 1604. A Motion being made another interposed a Speech tending to another Business but it was answered That there was no President 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. Decemb. 1640. Ordered 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 in that Debate none may speak more then once to the Matter And after some time spent in the 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 afterwards may be kept to the Matter of that Question if the same be approved by the House to contain the substance of the former Debate After such Question is propounded 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 no part of the Question propounded may be laid aside or omitted and although the general Debates run against it yet if any Member before the Question be 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 such Clause shall stand in the Question The like Method is observed where any other Alteration is debated upon 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 any Member that hath not before spoken to the matter may stand up before the Negative be put 13. Junii 1604. A Bill touching a Subsidy of Tonnage and Poundage having been formerly upon a third Reading recommitted was returned And a Proviso being tendred for Chester which was twice read the Question was put for Commitment in the Assirmative but before the Negative was put one stood up and spake 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 viz. As many as are of
called to the Chair any Member may stand up and by consent of the Committee put a Question for one of those named to be the Chair-man 19º Jacobi A dispute being in the Committee which of two Members named should go to the Chair the Speaker was called to his Chair and put the Question That Sir Edward Coke who was one of the persons named should take the Chair and then the Speaker left his Chair The Chair-man of the Grand Committee is to sit in the Clerks place at the Table and to write the Votes of the Committee If upon putting a Question the Chair-man who is to judge by the Voices have delivered 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 go to that side of the House that is on the one hand and the No's to the other side 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 onely twice in the Committee thrice in the House if the numbers be equal the Chair-man hath a casting Voice otherwise he hath no Vote in the Committee When the Committee hath gone through the Matter referred to them 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 called to the Chair or at the next sitting of the House if it be then adjourned 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 they may not adjourn as other Committees but a Question is to be made for reporting to the House and that leave be asked that the Committee may sit at another time on that Business But if as sometimes it falls out the Matter hath received a full Debate in the Committee and it is judged fit to be resolved in the House the Speaker is again called to the Chair for that purpose In other things then as aforesaid the Rules of Proceedings are to be the same as are in the House 4º Junii 1607. agreed for a Rule 1. Every Question upon the Voices of a Committee bindeth and cannot be altered by themselves 2. Every thing directed and agreed to be reported ought to be accordingly reported but not every thing spoken or debated at a Committee 28th Julii 1641. Declared by the House That no Committee ought by Vote to determine the Right or Property of the Subject Without first acquainting the House therewith 6º Aug. 1641. Resolved That no Vote past at a Committee and not reported nor confirmed by the House shall be any Rule or Direction for any Court of Justice in Westminster-Hall to ground any Proceedings thereon CHAP. IX Publique Bills and maner of Proceeding on them ANy Member of the House may offer a Bill for Publique Good except it be for imposing a Tax which is not to be done but by Order of the House first had But if any Member desire That an Act made and in force may be repealed or altered he is first to move the House in it and have their resolution before any Bill to that purpose may be offered and if upon the Reasons shewed for repealing or altering such Law the House shall think it fit they do usually appoint one or more of the Members to bring in a Bill for that purpose In the beginning of every Parliament some persons have been appointed to consider of such Laws as had continuance to the present Session whether they were fit to be continued or determined as also of former Statutes repealed or discontinued whether fit to be revived and what are fit to be repealed 19º April 1604. Mr. Serjeant Sing moved for some course to be entred into for continuance of Statutes and offered something in writing to that end but the House thought fit a Bill for continuance should not be brought in by any but the Committee for that purpose which holds a fortiori in repealing Statutes A Private Bill that concerns a particular person is not to be offered to the House till the leave of the House be desired and the substance of such Bill made known either by Motion or Petition nevertheless the Speaker hath had liberty to call for a private Bill to be read every morning and usually the morning is spent in the first reading of Bills until the House grow full If any Publique Bill be tendred the person who tenders the Bill must first open the matter of the Bill to the House and offer the Reasons for the admitting thereof and thereupon the House will either admit or deny it If a Bill be admitted to be read the same is to be presented fairly written without any razure or interlineation together with a Breviate of the Heads of the Bill and unless it be so tendred the Speaker may refuse it When a Bill hath been read the first time the Clerk is to deliver the same to the Speaker who standing up uncovered whereas otherwise he sits with his hat on and holding the Bill in his hand is to open the same first reading the Title thereof and after he hath done declares this to be the first reading of such Bill and until the Bill be opened no Member may speak to it After the first reading of a Bill and the same opened no man regularly may speak to it until it hath been the second time read unless he speak to cast it out in which case any other may speak for the retaining thereof Nevertheless it is not without President That upon the first reading of a Bill Debates have been upon it pro and contra especially when the House hath generally disliked the Bill and in case after Debate the House do call to the Question and the Sense of the House therein be doubtful the first Question is to be put not whether the Bill shall be read the second time for so it ought to be in ordinary course without a Question if nothing be said against it but whether the Bill shall be rejected If it pass in the Affirmative the Clerk enters the same in his Journal and also endorses it upon the back of the Bill By the Journal of the Parliament held 43º Eliz. Novembr 17o. Upon Debate of the Bill against unlawful Hunting 5th Session of the first Parliament of King Iames this appears to have been the course In the Parliament 1604. the Bill touching Apparel upon the first reading was disliked and so spoken to pro and contra which is not usually admitted without some extraordinary conceit of
with the Bill 118. and against the Bill 65. Which Difference being reported to the House the Bill was afterwards according to the ancient Orders of the House in such cases carried out and brought in again by Mr. Vice-Chancellor with the Bill in his hand followed and attended on with all the Members of the House then present as well those who had first before given their Voices against the passing the said Bill as those that had given their Votes with the passing of the same The Entry is made in the Journal of the Session of Parliament 4º Iacobi The Question being put for passing a Bill the House was divided the Yea's went forth the No's sate and it passed in the Affirmative upon Motion such as sate against the Bill went forth of the House and brought in the Bill in their hands which is according to ancient Order and was now moved and done once in a Parliament for preserving the memory of the Order and so expressed by the Mover When a Bill is passed after the third reading there is no further alteration to be made yet in case of an apparent mistake therein either by false writing or otherwise the House hath upon notice thereof caused the same to be amended the day following in the House where the Amendments are to be thrice read and the Bill again passed whereof there was a President in 23º Eliz. 20º Ianuarii In passing a Bill the Question is but once put Maii 18o. 1604. The Bill for shooting in Guns was put to the Question and passed in the Negative as Mr. Speaker judged It was urged that the Voice was doubtful and a double Question pressed but forborn and this Rule agreed No double Question upon the passing of a Bill though sometimes upon the committing of it it is double if the Voice or Question be not clear If it happen that two Bills be depending at the same time which have so near affinity as they may be fit to be joyned after they have been twice read the House hath sometimes Ordered that they should be ingrossed as one Bill this was done in two Bills concerning Treasons as appears by the Journal Book 16º Aprilis 13º Elizabethae A Bill once rejected is not to be offered again the same Session unless it be altered in some material parts 15º Iunii 1604. Upon Debate of a Bill for reviving divers Statutes and repealing others a Clause was added by the Committee to be inserted in an Act of 35º Eliz. Entituled An Act to retain the Queens Subjects in their due Obedience to this effect That the Husband should not pay for the Wives Recusancy which Clause was much argued and a Question propounded The maner of the Question was disputed which way it should be put Whether That this Clause shall stand or Whether That this Clause shall not stand and it was agreed for a Rule That upon the adding of any new thing the Question is to be put in the Affirmative whether it shall stand upon the continuing of the old in the Negative that it shall not stand The Question being whether the Statute of 43º Eliz. Entituled An Act for Explanation of a certain Act made 13º Elizabethae c. should be continued and the House being divided much Dispute and Difference there was whether upon this Question the Yea's or No's should sit It was thereupon affirmed and conceived for a Rule When any alteration is required of a Law in being as in this Case and thereupon the Question put the Yea's must sit still and the No's go forth 15º Iunii 1604. A Question being whether a Law formerly made should continue till the end of the next Session of Parliament much difference and dispute was whether upon the Question the Yea's or the No's should sit Upon a Question put it was resolved the Yea's ought to sit still and the No's to go forth The House was divided the Reporters differ in the number the House divided again this did not satisfie it being affirmed to be contrary to President and bred much debate what was to be done at length the House was content to let the Question rest as it was and thought fit to Order a new Bill for reviving the Law May 1604. Resolved to be entred as the Judgement of this House That no Speaker from henceforth shall deliver a Bill whereof the House is possessed to any whomsoever without leave and allowance of the House but a Copy onely Eodem die 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 CHAP. X. Private Bills and Proceedings on them WHen there are many Private Bills the House hath sometimes set apart certain times for that Business onely As 7º Maii 1571. It was Ordered That the House do begin to sit on Friday next at Three of the clock in the afternoon and continue till Five and so every Monday Wednesday and Friday till the end of that Session the same time to be imployed onely in the first reading of Private Bills And in the first Parliament of King James It was Ordered That the House should meet at Seven of the clock and the time till Nine of the clock should be spent in reading Private Bills When any Private Bills that is Bills concerning Private Persons Corporations or some one or more particular Shire or Counties or any Publique Bill wherein is any Clause or Proviso that concerns such Person Corporation County or Counties is preferred to the House or in agitation in the House such person or persons may be heard by themselves or Council either at the Bar of the House if it be desired or at a Committee to whom such Bill is committed whereof are many instances 28º Junii 1607. A Bill for mending the High-ways in the Counties of Sussex Surrey and Kent was rulled to be a Private Bill and it was Ordered That ordinary Duties should be paid and performed for the same or else there should be no further proceeding in it 20º Aprilis 1606. A Bill was appointed to be read touching the Fens those who followed the Bill desired their Council might be heard to open the state of their Case and the equity and reasonableness of their Petition before it were read but it was not admitted It being declared That if the Council of the other side desired to be heard then both should be received and accordingly it was ruled That Council for the maintenance of any Bill ought not to be heard before it be opposed 22º Maii 1604. It was moved That whereas the Prothonotaries of the Court of Common-Pleas found themselves agrieved by a Bill preferred into this House for registring Judgements that may impeach Purchasers c. being now ingrossed their Council might be heard at the Bar upon the third reading and thereupon it was Ordered That Council on all parts interessed should be heard on Thursday following and upon hearing Council the Bill
was dashed 7º Maii 1604. It was moved That in the Proceedings of a Bill for confirmation of the Lands of Henry Butler Esq upon the marriage of his Son there might be notice given by Mr. Speaker to the said Henry which was Ordered and a Letter written accordingly In the same Session it was moved That in the Case between Le-Grice and Cotterel notice might be given by Letter under Mr. Speakers hand before any further proceeding and that Council and Witnesses might be heard at the Committee which was Ordered In the Case of a Bill between the Earl of Hertford and Mr. Seymour Council was heard at the Bar the Earl of Hertford and the Lord Henry Seymour his brother came into the House and were admitted to come within the Bar and to sit upon stools with their Heads covered 11º Febr. 1557. In the Parliament 4. and 5. Phil. Mariae the Abbot of Westminster had leave to come with his Council to the Bar of the Commons touching his claim to the Sanctuary of Westminster and accordingly he came the next day in person into the House and produced several Patents to make good his Claim and had a further time given for himself and his Council to be heard 4º Maii 1607. The Council on both sides were heard at the Bar in the House upon the Bill for the Marshalsea 11º Novemb. 1640. It is Declared as a constant Order of the House That if a Witness be brought to the House the House sitting the Bar is to be down otherwise if the House be in a Committee CHAP. XI In What Cases Members are to withdraw 18º JAcobi Upon the Report from the Committee for Priviledges touching Election for Gatton Sir Henry Brittain being concerned and offering to speak in his own Case it was resolved upon long Debate he should be heard to inform the House and then go forth 21º Iacobi A Bill which concerned the Master and Fellows of Magdalen Colledge in Cambridge being read the second time and in Debate It was moved that Dr. Gooch Master of Magdalen Colledge who served for the University and so a party ought to withdraw It was resolved He may first speak and then withdraw Iune 1604. A Bill for establishment of divers Manors c. of the late Duke of Somerset being offered to the Question of commitment it was moved That Mr. Seymour a Member of the House and party to the Bill might go forth during the Debate which was conceived to be agreeable to former Orders and Presidents in like Cases and was so Ordered and Mr. Seymour went presently forth of doors When any Complaint is made against a Member or Exceptions taken to any thing spoken by him after he hath been heard to explain himself if he desire or the House command it which is usually done by him standing in his place if the House be not satisfied but fall into Debate thereof such Member is to withdraw as in the several Cases of Doctor Parry the Chancellor of the Dutchy and others appears CHAP. XII Censures of Members for offensive Words or Misbehavior THough freedom of Speech and Debates be another undoubted Priviledge of the House yet whatsoever is spoken in the House is subject to the censure of the House and where they finde cause as In licitis facile fines transgredimur offences of this kind have been severely punished by calling the person to the Bar to make submission committing him to the Tower being the usual Prison to which the Commons did commit Delinquents expelling the House disabling him to be a Member during that Parliament and sometimes of any future Parliament The Entries in the Journal I finde to be as followeth 17. May 1572. 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 should 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 following 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. 1575. P. W. Esq one of the Burgesses of Tregony in the County of Cornwal was for unreverend and undutiful Words uttered by him in the House touching the Queen sequestred that the House might proceed to conference and consideration of his said Speech upon Debate whereof he was committed to the Serjeants Ward as Prisoner and so remaining should be examined upon his said Speech for extenuating his fault therein The next day a Report was made of his examination and confession of the Words he was brought to the Bar by the Serjeant received this Judgement by the mouth of Mr. Speaker That he should be committed close prisoner to the Tower till the House should take further consideration concerning him 4º Febr. 1580. Being the third Session of the Fourth Parliament of Queen Elizabeth 23. Year of her reign complaint was made in the House against Arthur Hall Esq before named who had caused a Book to be printed wherein was 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 referred to a Committee to examine and upon Report thereof and bringing the said Mr. Hall to the Bar several times to Answer he was sentenced by the House to be committed to the Tower as the prison proper to this House there to remain for the space of Six moneths and so much longer as until he should himself willingly make a Retractation of the said Book to the satisfaction of the House or of such Order as the House should make during that Session That the said Arthur Hall should be fined to the Queen Five hundred pounds for his said Offence That he should 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 should be deemed and adjudged false and erroneous Thereupon the said Mr. Hall was brought to the Bar unto whom Mr. Speaker in the name of the whole House pronounced the said Judgement 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 18. March 1580. He having continued prisoner in the Tower without any Retractation the House appointed a Committee to allow the said Retractation and to Report it to the
House at the next Session It appeareth by the Journal 21. November 1586. That he was disabled for ever to serve in Parliament 17. December 1584. A Bill against Jesuits and Seminary Priests passed upon the Question Dr. Parry onely gave a Negative and after inveighed in violent Speeches against the whole Bill 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 Afterwards he was brought to the Bar and there kneeling was told by the Speaker If he thought fit the House was content to hear his Reasons but he refusing was committed to the Serjeants Ward The next day he was brought to the Bar and kneeling confessed he had undutifully 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 should do and that he would not henceforth willingly offend the House nor any one man in it and so humbly prayed their good favor towards him Whereupon being again sequestred out of the House after some Arguments and Debates it was resolved Upon this acknowledgement of his fault and his humble submission he should be received into this House again as a Member thereof and take his place as before so that he would still afterwards behave himself in good sort as he ought to do and thereupon being called 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 readmitted 13. Febr. 1606. Upon a Report made in the House of the Remembrances formerly set down of the particulars of a Conference the Speaker offering to read the Paper and being interrupted by some Motions and Disputes whether they should be read one by one and so debated or all at once in that difference one of the Knights for Buckinghamshire with a loud voice not standing up bare-headed as the Order is pressed to have them read The House observing his earnestness and maner of sitting and calling for Orders sake urged him to stand up and speak He stood up and pretending to offer some Reasons fell into an Invective against the Scots much distasting the House yet out of a common care to expedite the weighty Business then in hand his Speech was neglected without Tax or censure But on Monday following it was remembred and his words of Offence recited in particular the Gentleman being absent was sent for by the Serjeant Touching the maner of proceeding in this Case many Motions and Questions were moved as whether to name a Committee to consider therewith to charge him 2. Whether to censure him upon their own knowledge without other Circumstances the fault being apparent 3. Whether to charge him in general or with the particular Word Much was said upon these Questions pro and contra and the Presidents of Parry and Throckmorton remembred wherein for Words spoken in the House the proceeding was by the House and not by Committee the Offences generally charged and punished and the Words put in oblivion and so in this Case the Judgement and Proceeding resolved to be accordingly The Serjeant having brought the Offender it was moved he might be heard at the Bar which was assented unto and after he had spoken he was commanded to retire and not long after was called in again to the Bar where kneeling Mr. Speaker acquainted him since the Offence was so apparently hainous the House did not hold it fit that any particulars should be named or to give any Reason of their Judgement but the Order was He should be carried to the prison of the Tower and there remain during the pleasure of the House and that he should be dismissed from his place of Knight of the Shire for Bucks and a new Writ to issue for a new Choice 15. Febr. 18. Jacobi A Bill being read the second time for the better Observation of the Sabbath one of the Members made an Invective against it and something which seemed to reflect on a Member of the House who presented it as savouring of a Puritan and a factious Spirit Exceptions were taken at the Words After he had explained himself he was ordered to withdraw out of the House and Debate being had he was called to the Bar and upon his knees received the Judgement of the House pronounced by the Speaker That he should be discharged from the Service of the House with an intimation that his Judgement was very merciful for that the House might for so exorbitant an Offence have imprisoned and further punished him 3. April 1604. In a Debate upon a Bill a Member of the House uttered some Speeches highly distasting the House but no notice was taken of it till the Bill was committed and then the Words being repeated he was called to the Bar where he made his excuse and was pardoned 26. April 1641. Great offence was taken by the House at words spoken by Mr. J. H. He was first heard to explain himself and then commanded to withdraw and was called to the Bar and suspended the House during that Session of Parliament 27. May 1641. A paper was brought in containing Words spoken by Mr. Taylor a Member of the House concerning the passing the Bill of Attainder of the Earl of Strafford who being heard to explain himself and then commanded to withdraw after some Debate in the House it was resolved That he should be expelled the House be made uncapable of ever being a Member of this House and should forthwith be committed prisoner to the Tower there to remain during the pleasure of the House and should make an acknowledgement of his Offence both at the Bar and at Windsor publiquely And he was called to the Bar and there kneeling Mr. Speaker pronounced the Sentence accordingly Of later times it hath been observed as most conducing to the service of the House that if in Debate Words be let fall that give Offence Exceptions should be taken the same day and before such Member go out of the House or he who is offended may move That such person may not go out of the House until he hath given satisfaction in what was by him spoken And in such Case after the present Debate is over the Words must be repeated by the person excepting and in case he desire or the House command him he is to explain himself standing in his place which if he refuse to do or the House be not satisfied with such Explanation then he is to withdraw But neither is this to interrupt the present Business of the House as in the cases before mentioned nor if it be omitted that day hath it been recalled afterwards to avoid mistakes and out of a willingness rather to pass by then take occasion
inclusivè before and after every Parliament The like mention is made in several Parliaments by Members in Debate How Obtained For the maner of Obtaining this Priviledge 22. March 18. Jac. It was resolved That no protection under any mans hand of this House is good 22. Febr. 6. Edw. 6. It is Ordered If any Burgess require Priviledge for himself or his servant upon declaration thereof to the Speaker he should have a Warrant signed by Mr. Speaker to obtain the Writ 22. Febr. 18. Eliz. Aug. 1575. A report was made by the Attorney of the Dutchy from a Committee for delivery of Smaley a servant to Arthur Hall before mentioned That they found no President for setting at large by the Mace any person in arrest but onely by Writ And that by divers Presidents of Record perused by them it appears That every Knight Citizen or Burgess of this House which doth require Priviledge hath used in that Case to take a Corporal Oath before the Lord Chancellor or Lord Keeper That the party for whom such Writ is prayed came up with him and was his Servant at the time of the arrest made But on the 27. Febr. after sundry Reasons Arguments and Disputations in the House It was resolved That the said Smaley should be brought the next day to the Bar by the Serjeant and so set at Liberty by warrant of the Mace and not by Writ According to which resolution the next day Smaley was brought to the Bar in the House by the Serjeant accompanied with two Serjeants of London and was presently delivered from his Imprisonment and Execution according to the former Judgement of this House and the said Serjeants discharged of their said prisoner 2. March 1592. Upon a Report from the Committee of Priviledges and Elections That one Mr. Fitzherbert was returned a Burgess and excepted against because he was alledged to be out-lawed and detained upon such Outlawry the House Ordered That Mr. Speaker should move the Lord Keeper for an Habeas corpus cum causa to bring up the Body and Cause of Mr. Fitzherbert But the next day Sir Henry Knivet entring into a discourse touching the Priviledges of the House of ancient times used and accustomed for the conventing of any persons into this Court declared his opinion That Mr. Fitzherbert was rather to be called to appear in this House by the Serjeants Mace of this House then any Writ of the Chancery and quoted a Case of George Ferrers but was put in remembrance by Mr. Speaker That the maner for bringing Mr. Fitzherbert had received the Order of the House yesterday and was therefore now neither to be recalled nor further treated of by this House till the Appearance of the said Mr. Fitzherbert be first made in this House according to the said former Order for the same On the 7th of the same Moneth The House being acquainted by Sir Edward Hobby that the Lord Keeper having been moved for a Writ of Habeas corpus cum causa for Mr. Fitzherbert his Lordship thought it best in regard of the ancient Liberties and Priviledges of this House That the Serjeant at Arms be sent by Order of this House for the said Mr. Fitzherbert at his own charge by reason whereof he may be brought hither to the House without peril of further being arrested by the way which was also approved of Injuries offered to the Members and their Servants during the Session have been usually punished by the House upon complaint 29º Febr. 1575. One Williams for assaulting a Burgess of this House was upon complaint sent for by the Serjeant and brought to the Bar and committed to the Serjeants Ward 23º April 1º Mariae One Monington for striking William Johnson a Burgess was sent for and confessing it was committed to the Tower 28º Nov. 1601. Complaint being made by Mr. Fleetwood a Member of the House That one Holland a Scrivener and one Brooks his servant had evil intreated and beaten the servant of the said Mr. Fleetwood in his presence they were both sent for by the Serjeant and brought to the Bar and for the said Offence committed for five days to the Serjeant 12º Febr. 18º Jacobi Mr. Lovell a Member of the House informed that one Daryell threatned his person That for a Speech spoken by him in the House he should be sent to the Tower during the Parliament or presently after Daryell was sent for by the Serjeant to answer it to the House and upon testimony of it he was committed to the Serjeant till Thursday following and then to acknowledge his fault or to be committed to the Tower 16. Iune 1604. Complaint being made of one Tho Rogers a Currier dwelling in Coleman-street for abusing Sir Iohn Savill in slanderous and unseemly terms upon his proceedings as a Committee in the Bill touching Tanners c. he was sent for by the Serjeant at Arms to the Bar to answer his offence CHAP. XVI Amendment of Returns 18º JAcobi 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 21º Iacobi Upon Report from the Committee of Priviledges That in the Election of Mr. Iohn Maynard for Chippingham Mr. Iohn Maynard was chosen but by a mistake Charls was afterward written in stead of Iohn It was resolved The Return should be amended without a new Writ and the Question being who should amend it Resolved The Bayliff should do it and not the Clerk of the Crown and that it should be sent down to the Bayliff in the Countrey and he to return Iohn Maynard Esq the first Burgess 1º Febr. 1640. It being Resosved That the Election of Mr. Erle for one of the Burgesses of Wareham is a good Election It was Ordered That the Officer that was the Officer when the Return was made or his Deputy or the Electors should amend the Return But the next day it was Ordered That Edward Harbin the late Mayor of Wareham's Deputy should come to the Bar of the House and amend the Return 20º Febr. 1640. 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 FINIS The Contents CHAP. I. The maner of chusing a Speaker in Parliament Fol. 3 CHAP. II. Decorum to be observed in the House Fol. 6 CHAP. III. Standing Committees Fol. 9 CHAP. IV. Power and proceedings of the Committee for Priviledges Fol. 10 CHAP. V. Members chosen in several places Fol. 18 CHAP. VI. New Writs for Vacant Places Fol. 20 CHAP. VII Rules and Methods of Debates in the House Fol. 21 CHAP. VIII Grand Committees and their maner of Proceedings Fol. 35 CHAP. IX Publique Bills and maner of Proceeding on them Fol. 40 CHAP. X. Private Bills and Proceedings on them Fol. 66 CHAP. XI In what Cases Members are to withdraw Fol. 70 CHAP. XII Censures of Members for offensive Words or Misbehavior Fol. 72 CHAP. XIII Calling the House Fol. 84 CHAP. XIV Petitions in Parliament Fol. 87 CHAP. XV. Priviledge of Parliament Fol. 88 Subpoena ibid. Arrest Fol. 92 Vtlary ibid. Attachment ibid. Issues Fol. 93 Tryals ibid. Iuries Fol. 96 Commitment ibid. Sheriff ibid. Priviledge to Servants Fol. 97 Goods Fol. 101 In Adjournments ibid. Priviledge as well before as after the Parliament Fol. 103 For how long time before and after the Parliament Fol. 108 How obtained Fol. 110 CHAP. XVI Amendment of Returns Fol. 115 FINIS