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. This text is an enriched version of the TCP digital transcription A60560 of text R37569 in the English Short Title Catalog (Wing S4218). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 23 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A60560 Wing S4218 ESTC R37569 16975222 ocm 16975222 105581 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60560) Transcribed from: (Early English Books Online ; image set 105581) Images scanned from microfilm: (Early English books, 1641-1700 ; 1159:20) 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. [2], 10 p. s.n.], [Oxford? : M. DC. XLIII [1643] Reproduction of original in the Cambridge University Library. eng England and Wales. -- Parliament. Great Britain -- Politics and government -- 1642-1649. A60560 R37569 (Wing S4218). civilwar no 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 secre Smith, Thomas, Sir 1643 4289 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2005-04 TCP Assigned for keying and markup 2005-05 Aptara Keyed and coded from ProQuest page images 2005-08 Judith Siefring Sampled and proofread 2005-08 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion 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 , and hasting of time . At the afternoone they keep no Parliament . The Speaker hath no voice in the House , nor will they suffer him to speake in any Bill to move or disswade it . But when any Bill is read , the Speakers office is , as briefly and as plainly as he may , to declare the effect thereof to the House . If the Commons doe assent to such Bills as be sent to them , first agreed upon from the Lords thus subscribed , Les Commons ont assentus ; so if the Lords doe agree to such Bills as be first agreed upon by the Commons , they send them downe to the Speaker , thus subscribed , Les Seigneurs ont assentus : if they cannot agree , the two Houses ( for every Bill from whence soever it doth come is thrice read in each of the Houses ) if it be understood that there is any sticking , sometimes the Lords to the Commons , sometimes the Commons to the Lords doe require that a certaine of each House may meet together , and so each part be informed of others meaning , and this is alwayes granted . After which meeting for the most part , not alwayes , either part agrees to others Bills . In the upper House they give their assent and dissent each man severally by himselfe ; first for himselfe , and then for so many as he hath Proxy . When the Chancellor hath demanded of them , whether they will go to the question , after the Bill hath been thrice read ? they saying only content or not content , without further reasoning or replying , and as the more number doth agree , so is it agreed on or dashed . In the neather House none of them that is elected , either Knight or Burgesse can give his voyce to another , nor his consent or dissent by Proxy . The more part of them that be present only maketh the consent or dissent . After the Bill hath been twice read , and then ingrossed , and est-soones read and disputed on enough as is thought , the Speaker asketh , if they will go to the question , and if they agree ? he holdeth the Bill up in his hand , and saith , as many as will have this Bill go forward , which is concerning such a matter , say , yea . Then they which allow the Bill , cry yea , and as many as will not , say no : as the cry of yea , or no is bigger , so the Bill is allowd or dashed . If it be a doubt which cry is bigger , they divide the House , the Speaker saying , as many as doe allow the Bill , go downe with the Bill , and as many as doe , not sit still . So they divide themselves , and being so divided , they are numbred who made the more part , and so the Bill doth speed . It chanceth sometime that some part of the Bill is allowed , some other part hath much controversie and doubt made of it , and it is thought if it were amended it would go forward . Then they chuse certaine Committees of them who have spoken with the Bill , and against it , to amend it , and bring it again so amended , as they amongst them shall think meet : and this is before it is ingrossed , yea and sometime after . But the agreement of these Committees is no prejudice to the House . For at the last question they will accept it or dash it , as it shall seem good , notwithstanding that whatsoever the Committees have done . Thus no Bill is an Act of Parliament , Ordinance , or Edict of Law , untill both the Houses have severally agreed unto it after the order aforesaid , no nor then neither . But the last day of that Parliament or Session , the Prince cometh in Person in His Parliament Robes , and sitteth in His State , all the upper house sitteth about the Prince in their States and order in their Robes . The Speaker with all the Commons House cometh to the Barre , and there after thanks-giving first in the Lords name by the Chancellor &c. And in the Commons name by the Speaker to the Prince , for that He hath so great care of the government of His People , and for calling them together to advise of such things as should be for the Reformation ; establishing and ornament of the Common-wealth . The Chancellor in the Princes name giveth thankes to the Lords and Commons , for their pains and travailes taken , which he the said Prince will remember and recompence when time and occasion shall serve , and that he for his part is ready to declare his pleasure concerning their proceedings , whereby the same may have perfect life and accomplishment , by His Princely authority , and so have the whole consent of the Realme . Then one reads the Titles of every Act , which hath passed at that Session , but only in this fashon : An Act concerning such a thing , &c. It is marked there what the Prince doth allow , and to such he saith Le Roy , or La Royn le vults And those be taken now as perfect Lawes , and Ordinances of the Realme of England , and none other , and as shortly as may be put in Print , except it be some private cause , or Law made for the benefit or prejudice of some private man , which the Romans were wont to call Privilegia . These be only exemplified under the Seale of the Parliament , and for the most part not Printed . To those which the Prince liketh not he answereth Le Roy or La Royne saduisera , and those be accounted utterly dasned and of none effect . This is the Order and Forme of the highest and most authenticall Court of England , by virtue whereof all those things be established whereof I spake before , and no other means accounted availeable to make any new for feiture of Life , Member , or Lands of any English man , where there was no Law ordained for it before . King IAMES His Declaration to both Houses at White-Hall , of the Kings power in the Parliament of SCOTLAND in making Lawes . March 31. 1607. IT hath been objected as another impediment , That in the Parliament of Scotland the King hath not a Negative voyce , but must passe all the Lawes agreed on by the Lords and Commons . Of this I can best resolve you , for I am the eldest Parliament man in Scotland , and have sate in more Parliaments then all my Predecessors . I can assure you , that the forme of Parliament there is nothing inclined to Popularity . About a twenty dayes or such a time before the Parliament , Proclamation is made through the Kingdom , to deliver into the Kings Clark of Register ( whom ye here call the Master of the Rolles ) all Billes to be exhibited that Sessions , before a certain day . Then are they brought unto the King , and perused and considered by Him ; and only such as I allow of are put into the Chancellors hands , to be propounded to the Parliament and none others . And if any man in Parliament speak of any other matter , then is in this forme first allowed by me , the Chancellor tells him there is no such Bill allowed by the King . Besides when they have passed them for Lawes , they are presented unto Mee , and I with my Scepter put into my hand by the Chancellor , must say , I ratify and approve all things done in this present Parliament : And if there be any thing that I dislike they race it out before : If this may be called a Negative Voyce ; then I have one I am sure in that Parliament . If I have spoken evill bear witnesse of the evill , but if well , why smitest thou mee ? Ioh. 18. 23. If I have said any thing amisse tell me . Eras. Paraph. FINIS .