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With an APP ENDIXoi^L Cafe in Par- liament between Sir Francis Qood^ voyn and Sir John Fortefcue^ for the Knights Place for the County of Bucks ^ I Jac. I. Erom an Original French Manufcript, Tranflated into Englijh, .»— <^— — »— — — —^■M »- ■ III I III— — — —i^W Licenced Decemb, 6. 1689. London^VxmtAioT tim, Gottdvpin at the Maidtn- hiad over againil St. Dunjians Church in Fleet- ftriit, 16^0: rS V -t/- Hi t»* '^A ' -.■''""■«"' s ■:' ■ i '■ .» (■^ nr; ^v i '■» f-r T d T H E Moft Supreme Court OF THE KINGDOM, THE PARLIAMENT OF i The Author doth I moft humbly De- dicate this his ■ fmall Treat ife of the Law and 'I Custom of Par- i LIAMENT 1 . A: S THE •- • • - E J () & ., 1,1 'i ' ' ^ ' V ; : ' I rl i j» I l-{fi f r V -l.H i . 1-.^.^ ■» >• .1 ■■ ' i. ' f. >. I. -1» 'AiA\ « VA-n .'-. «i. \) ' ■ ; •■ THE PREFACE ; \ T O T H E R E A D E R. I Am very fenfible^that affoon as this Treatile « fulmitted to ptjblick View, 'twill likewife meet with publick C&n&xrt^and not \a Few will le apt to Hart this Objeftion againfl it^that it is only like an Old Piece in a New Drefs. Thefe Things^ men will fay ^have been done before ; the fame Matter , and much of the fame Form, are to be found in other Writers^ and this is but to obtrude upon the World a vain Repetition of other mens Ob' Jervations. I mufl confefi^ in party it isfo^ and it muH.needs be fo^for ^3 // 1} K The PREFACE it is not to he expeiled^that Ijhoui , prefume to dictate Rules and Dire- ^"^i tVtons out of my own Fancy ^by which ^^ to govern or Influence Parliaments: ** . Imujl he beholding to Precedents ^^ andKtcoxds: and tho you Jhall ^-^^ find many of the fame Motes featter* ^^^ <'d inmy Lord Coke y in Ellyng, r^^! Hakeu el, Scobel, and others ; yet *^^^ I may advent urt^ t o Jjny^ym fhdl no o^^-y ivhere meet thefn couched info com- pendiousy and fo ufeful a Method, Ihtive not only cuWd out of the fj^ before-mentiond y and fever al other Authors y what is proper and pert i- nent to this Dejign; but I have gleaned from the Statutes, Law- 13ooks,Rt ports, and Hiftoriesw/^^/- foever J met with in my inquifitive Re-fearchesy beyond All that has ff^^ been before placed in any Colkiliony '^ and which may be applicable to this Vnder taking. All Members ought to he throughly skill' d in Parliamentary Affairs, to know their own Laws and Cuftoms, theirPowQTS and Priviledges, that they tn foti deal fhei ^ V Stuci brar icolh prot rfi voili ceil litt ^n i lick 2t IJhoui and Dire- y^hywhkh rliaments: Precedents you Jh all esfeatter^ ' Elfyng, hers ; yet yijhdl no in fo conh Method, out of the eral other md peril' I have :es, Law- ries tvhat* nquijitive that has '^olkdion^ Me to this throughly 'Affairs, to Cuftoms, ges, that they to the Reader, ihey may not at any tifnefuffer In- ifefions to he made upon them , hy •If to plaufible PreiencGsfoeven-lut tts it is hnpoffihle for men of the mji tenacious Faculties to keep all ihings constantly in their minds , ^erefore this is to eafe andrefrefh their Memories in cafe of any For' '^tfulnefi^ and they may with a ve- fy little Trouble have always this tn their Pockets , vDhich perhaps fome may not he able without a great deal of Trouble to carry always in their Heads. ' When he that is converfant in Study and Books y cannot carry a Li- brary about him ; he may eajily re* volle^ what is expedient for him , from the Supplement of this Epi- tome. Such asfhall hereafter be promoted to that honourable Statim of being Senators of the Kingdom, will find it much more eafia to re^ ceive fhort Information from this little Manual ,• than to be obliged ^n every Occajion to cinfult the pub- Jick Records, and turn over weari- A 4 fome f ■",'■ The PIlEFAaE, &c. fome Volumes. And they who da not expeli Admijfion into a Parlia- ment Houfe, will yet reciive tlm as no m^rojitahle Diverjion , to oh Jerve md know the admirable me- thod of "Parliamentary Proceed- ings ,• the ExaBnefiand Decency oj their Orders ,• the Wifdom anJ^ Prudence of their Cuftoms .• tk Extent of their Powers , and tht Largenej^ of their Priviledges. Wherefore^ without any Flatter- ing^ or Arrogance to my felf^ IJhall make hold to tell yoUy I am verih perfwaded that what I have taken pains to colleii from fever al Books, and to digefl into this fmall Com- ft^fiy for my own Convenience and In- formation , will conduce to the ge- neral Sat isfaB ion of all that reai it ; which was one main Rea/on fhat induced me to puhlijh it. THE i f"\v hey who M a Parlia- citve this (ion ^to olh irahle mt* Proceed- Decency oj ^ifdom an^ loms ,: tk , and thi ledges. ny Flatter- felf, I/hall am verU] have taken ?rj/ Books, fmall Com- nee and In- ? to the ge- that reai ain Reafo^ 'ijh it. THE T HE '.I * HEADS Of the feveral CHAPTERS Contained in thr T REMISE. C HAP. Page 1 . ^'^'yr^UE Parliament. i 2. j[ Forver of Farliament. 7 he Honfe of Lords. 4 f Power of the Honfe of Lords. 5 3 Honfe of Commons. 6 1 Power of the Honfe of Commons. 66 7. Power of Parliament o'ver their or^n Members. 87 8. EleSlions of Members, io^ 9. JVho may be EleSiors. 1 1 5 1 o ff'ho t^i 3 4 ji The Contents. CHAP. Page 1 o. ff^ho maybe EleSied. 1 1 5 I \ .Ketnrns of Sheriffs ^and A^ mendmenU of Returns, i 2^ I 2, EleSthn of Speaker. 1-50 I ^.Bufinejiofthe Speaker. 1 4 1 1 4. OrdirS to he oijer^fed in the Houfe. 1 48 i 5 . Orders of the Ihmfp,^^ 156 1 6. P^jpftg of Bills. '1 74. \j£oncerningCommiiteeSm ^02 t8. Tihe Order and Power of Grand Committees, 2 i ^ I p. ConcerntTig Jianding Com* ' mittees, 222 20. -/^ Stjpon of Parliament, 22p lulhe proper Laws and Cu- jioms of Parliament. 235 22. Pri^iledge of Parliament. 7 fee Appendix. 299 The Tl Arc Bro Bro Cok Coki Crei Pyt m Fk Hai Het Hoi fiOi M' Si^BS Page ^. 130 r^ied in 1 74. ?efm202 *oiver of 2 i^ ^^' Com^ tiament. 22p ••. ^3$ liantent. 299 The The Names of the Authors quoted in this Treatise: T\yns Sir Kobert*s Ar^ gnment of the Porter and jHrifdiBion ofFarliantenU Arcana. Parliament aria. Brooke Browntovo. A Cokg on Littleton. Cokes fourth Injiitnte. Cok^*s Twelfth Report. Cromptons JurifdiStion^ ^c. Dyer. d'^wes Sir Simond's Journal Fdrtefcue. Hah^ei Herbert's. Henry the Eighth. Hollis Lord. fiollingjhead Hunt. t II '1' "•. It The Authors Names. A, I i J .\.. HhtionJ Kelrpej* . Knyghton de E^entibusAnglk Leonard*s Reports. Modus tenendi ParliamentHm. Moors Reports:^' ' Nalfons ColleSlions. Fetyt's Ancient Right s^&cc. Petyt's Mifcettanea Parliament taria. PloTpden. KujhrvortFs ColkSiions. ScobeL Seldens Judicature. Smyth Sir Thomas Common- wealth of England. Speed's Hijiory. Town/ends ColleSlions. Turners Bankers Cafe, Vaughans Reports. ^1 Xi. mi th En At Ju ■^ Pr Ai ra fo Ai Si A 4 E R tl: /t .V 1 ♦ CHAP. •'!^: % ames. . '\ ^HsAnglk amentHm. pOOKS Printed for ^ and fold bjr Xin^othy Goodwin at theMai- \ den-head aga/nfl St. Dunftan'i Church in ¥kQt{ircQt. ■ VV ; ^.^ 4. The Lord RufeTs Innocency ijy, further defended by way of Reply . to art Anfwer, Intituled, The Magi- ^p firacy and Government of England ^^ Vindicated, ^I / ^'i.){.^^ ^ Thefe four writ by the RMfon. Eij Sir R, y^/ify»/ Knigfit of the Eath^ and Lord Chief Baron of their po Majefties Court oiEychequer. of 5-. A New Declaration of the to Confederate Princes and States, a- Po gainft Lewis XIV. King of France By and Navar : Deliver'd in a late Au- dience at VerfaUks, July 5. 1689. th( 6, Politic a Sacra ^ Civilzs : pr, fw a Model of Civil and Ecclefiaftical lei Government, wherein, befides the pofitive ither witli : Cafe con- [embers to Sam, Ber- Pofitive Dodhrine concerning the State and Church in General , are debated, the Principal Controver- fies of the Times concerning the Conftitution of the State and d Sir Wil Church oiEnglandSy George Law- 'k, Defen. fon,Ki^&ox oi More in Salop, ngs Bench, 7. xhe Parfcns Councellor,with Cafe, and the Law of Tythes and Tything. iied in the („ two Books. The fourth Edition . 5 with the Addition of a Table- Irinoceilcy Written by Sir Simon Degge. J of Reply 8 . The Gentleman s Jockey and The Magi' AK>roved Farrier , inftruding in f Engtand (he Natures,' Caufe^ and Cures of all Difeafes incident to Horfes. The le R^ Hon. Eighth Edition, Enlarged. )f the Bathy ^ . Popery, or the Principles and )n of their pofitions approved by the Church ^chequer. of Rome^ dangerous to all. And on of the to Proteftant Kings and Supreme States, a- Powers more efpecially pernicious, of France By Thomas Lord Bifliop of Lincoln, lalateAu- 10. A Modeft Vindication of y $. 16%^, the Proteftants of Ireland^ in An- ivilis : pr, fwxr to the Character of the Pro- clefiaftical «eftantsof/rtf/W ^efides the • 11. Sir pofitive ; m 11. Sir St. John Broderich Vindication of himfelf from the Afperfions call on him in a Pam. phlet written by Sir Richard Buck- ley^ Entituled, Propofils for (end- ing back the Nobility and Gentry of Ireland* 12. Animadverfions on Sir./? J. Propcfals for fending back the No bility and G( ntry or Ireland, 13. The Juftice of Parliament in Infli(3:ing Penalties fubfequent to Offences vindicated , and the lawfulnefs of the prefent Govern- ment aflerted. ! ' ; « I :i .V^v\ ■I ■•!' 1* ^ iV ;* roderich from the 1 aPam. ard Buck- for (end d Gentry n S]x.KB, k the No Hand, Parliament [iibfequent , and the t Govern- « J # 4^-* - CHAR r. . The Parliament. T is called Tarliawientum^ be-co fup.ifr- caufe every Member of thatf'^^»»>>'°» C ourt Ihou'd ^dfr/fr le menty Ipeak his mind. Mr. Lamhard in his Archion^^"^ ^^u maintainSjThat the Parliament was|j^en^^^' ufed in the Saxons time, and then &c,^il' confided of the King^ Lordsy and Commons ; as in the Time of King Ina^ Ann, jiz, Mr, Prinn fays,by all the ancient Mr.py>«»'s Precedents before the Conqucft, it Truth tri- is moft apparent, That all our pri- o!Ji?*^ pf,f. ftine S;;^nods and Councils were hood, An- nought elfe but Parliaments: That JJ^^{jy^, our /^i4gSy NoileSySenatorSyAlder'tyJoUp! tnen^ Wifemen^KmghtSyZnACommcns ''"J'^'sAn- Wereuiually prefent, and voting ^fght^^^, in thei^mi as Members, and Judges, p* ^««* B They ^ Id.98,99 Parliament. They had many Expreflionsan * r^ Plirafes (aSj Ornnes Regni Nolik \ Totius Regni Magnate s^Pro€£res{ > - Fi deles Regni ^ Vntverfitas RegK » •_ Clerus ^fapulus.CommunitasRe^i *P j Difcretio totius Regni. Gener ale Coi l- ciliMm Regni^2Lnd many more)varj jj. 1 ing in feveral Ages, till at latt the y^^ , fixed on the word , Farliamentm > Fide many Records and Prea j^^^j dents touching this Matter in tli ^^jj. Appendix to Fetyfs MifielLm y^j^j Parliament aria. p^.^^ crdwpton*s This Court is the liigheft Com ii o-^ J""^' P* '• of £^/^W, in which the Prin( ^iTs himlelf fits in Perfoii, and conit i^ p there at the Beginning ot the Pai ^y ^ liament^ and at tlie End,and at an ^j^^j other Time when he plealeth, d ^^^ • ring the Parliament. put- Sir n<>. The Judges in Parliament are tl ^i ]> Commoh. ^^'^-^ or e^^f «, the Lords Xempoi |,f j iycaltb,74.and spiritual., the Commons repr J^c ieoted by tlie Knights and Bu ^^ gci3es of every Shire,and Bo rbugi dui To wn. Thele all,or the greater Pai Sin ^ of them^nd that with the G on(ei j^aj : 4 Farliament. 3 Ynt ISobik ^y^^. ^g^gg ^.Q j-i^g making ot Laws. Procures \ . ^j^^ ^^^^ ^f £;^g/^»4neither by Fortefcui, lit as Reg% himlelfjOrmsMinifters, impofeth^.3^.p«84- witasRegfi tallages, or any other Burdens on ' ■eaerale Co; ^^ Subjed:s,or alter their Laws, or ^orGjv^r] jy^^j^g ^^.^^ LawSjWithout AiTent of at lalt the ^-^^ vvhole Kingdom in Parliament, rliamentu% j^^ Parliament, no Penny , hath Tumr\ > and Prea y^^^ always taken notice of as a^^j^^j^^^^ latter in tl principal Foundation of this Go- 95, vernment, even by our Neighbour , Princes and States who have in all ighelt Com yj^g^^ made their Approaches upon the Prin( ^^^^ Realm,and evermore valued us and com in Proportion to the Correfponden- Tottlie P&> cy they obferved between our Kings d,and at an ^nd their Parliaments. For (feeing Diealeth, d iI^q Power of every Prince is com- puted from his Treafur e and Mar t i- ament are tl ^i Men,and thofe again by the Love rds l^emfoi ^f his People) they well enough mmonii repn fcnew, that as long as a good Un- fits and Bu dcrftanding was maintain'd there, mdBorbugi our Princes could never want the J greater Pai Sinews, either of the Pwrfe , or of \ the Gonfei traliant mens Arms. \ i I 4 lib. 2 C.I. fo.2i.b. f.tglijb ^78. Parliament. VAjJemhlie de troys Eflates, Cefiafcavoir , Roy , Mohility , ® Commons , qui font le Corps del Realm, eft appel un Parliament^ & lour Decree, m Ad de Parliament • Carjafis touts troys ( come ft foit fait per Roy & Seigneurs , mes rien park del Commons^ neft Afcun Ad de Parliament : i. e. The Allem- bly of the tluee Eftates, to ivit^ the /^ing, the Nobility^ and the Commons, which make the Body oltheRcahii, is called a Parlia- ment, and their Decree an Ad: of Parliament ; for without all three (as if it be done by the King and Lords, but ipeaks nothing of the Commons^ tliere is not any Ad: of Parliament. Tiie word Parliament is ufed in a double fenie. 1. Stridly, as it includes the Legiftative Power of England , as when we fay-— j« Ad of Parlia- ment ; and in this Acceptation it neceltarily includes the King, the Lords, and the Commons , each of which ffatesy K, @ nt, ® ment ,• f J rien m Ad LiTem- id the Body ^arlia- Ad of three 5 and of the Adtof lied in 2S the //, as arlla' lion it , the ach of which Parliament. 5 which have a Negative Foice in making Laws, and without their y^?/;//" Confent no new Laws can pals, that be obligatory to the Subjed:. a. Vulgarly, the Word is ufed for the tiw Houfes^ the Lords and Commons I as when we iay. The Khg will call a Parliament ; his Majefty has diflolvedhis Parlia- ment ^ &c. This Court confifts of the A7;^g's4inft''' Majefty , fitting there as in his FToyal Politic Capacity, and of the three Eftates of the Realm, viz. • the Lords Spiritual^ Arch-Bijhops^ and Bijhops , ( who fit there by Succeifion in relped: of their Coun- ties, or Baronies , parcel of their Bifhopricks) The Lords Temporal^ Dukes y Marqiiejfes^Earls ^FifcountSy and Barons ;^'\io fit there by reafon of their Dignitics,which they hold . by Difcent , or Creation, (every one of which, both Spiritual and Temporal, ought to have a Writ of Summons, ex dehitojuftitiie') B 3 And Id. 2. if Tarliament. And the Commons of the Realm , whereof there be Knights of Shires^ or Count iesy Citizens oi Cities ^^lM Burgejfes of Boroughs ; all which are refpedively eleded by the Shires^ or Counties^ Cities^ and Bo- roughs )oiy force of the Kings Writ, ex Dehito Jujlitice , and none of them ought to be omitted : and thefe reprefent all tlie Commons of the whole Realm, and are trufted for them. The King , and thefe three E- ftates are the great Corporation or Body Politic of the Kingdom , and do fit in two Houfes : the King and Lords in one Houfe, cal- led The Lords Houfe ; the Knights^ Citizens , and BurgeJJes in another Houfe, called The Houfe of Com- mons. That which is done by this Confent, is called j^rm^ fiahle^ and fan^um ; and is taken for Law. tT'^^^' All the Judges of the Realm , YidxYomp. Barons of the Exchequer ^ of the ton i.b. Coif ^ the Kings Learned Councel, and Arc. Pari. and Cha AfTi Up the] A •.:«*' Realm , I Shires^ ies\ and which by the and Bo' 's Writ, lone of d : and mons of trufted iree E- oration gdom , ts: the (e, cal- mother f Com- y this le^ and aw. ^ealm , of the 'omcel^ and Parliament. and \[\t Civilians^ Majfers oi the Chancery , are*called to give their Afliftance and Attendance in the Upper Houfe of Parliament : but they have no Voices in Parliament^ 4 Inft. 4. But are made fbmetimes joynt Committees with the Lordsi Every Enghih-man is intended ArcParl.? to be there prelent (cither in Per- common- ibn, or Procuration, and Attorny) weaith,74, of w hat Pre-eminence, State, Dig^- nity, or Quality (bever lie be ; from the Prince ( be it King , or Queen^ to the lowed Perlbn in England, And the Confent of the Parliament is taken to be every man's Confent. No man ought to fit in the4inft'45» High Court of Parliament ^huth^ that hath Right to fit thqreifor it is not only a perfonal Offence in Ixim that fitteth there without Authori- ty, but a public Offence to the Court of Parliament^ aad Gonfe- quently to the whole Realm. It is to be obferved, That when 4 Jn^?* there is beft Appearance , there is B 4 the .*>' 8 I li Id.^. Ij Id.^ i! Id.29. il^ Id.32. Parliament the beft Succefi in Parliament At a Parliament yHejtS-ofthe Lords Spiritual and Temporal , there ap- peared but Thirty, and there was but one Ad pals't , of no great weight. In 50 Ed.y^W the Lords appeared in Perfon , and not one by Proxy y and fo many excellent Things were done, that it wais cal- led BonumParliamentum. At the Return of the Writs the Parliament cannot begin.but by the Royal Prefence of the King^ either in Perfon, or Reprefentation. The Kings Perfon may be re- prefented by • CommiflTion under the Great Seal to certain Lords in Parliament^ authorizing them to begin the Parliament^ or to pro- rogue it, &c. When a Parliament is caird,and doth fit, and is diflblved, without any Ad: of Parliament pafled, or Judgment given, it is no Seffion of Parliament^ but a Convention. It is an Obfervation proved by a great Number oi Precedents,that never be ment At :he Lords there ap. there was no great the Lords \ not one excellent t wais ca!- iVrits the >ut by the igy either ion. ly be re- n under Lords in them to •to pro- :aird,and without fled, or Sejfton of ton. 3ved by jnts,that never Parliament. p never any good Bill was preferred, or good Motion made in Parlia- ment (whereof any Memorial was made in the Journal-Book, or o- therwife:) Tho' (bmetimes itfiic- ceeded not at the firft, yet it hath never dy'd, but at one Time, or o* ther, hath taken effed. Matters oi Parliament are not to W-i?* be ruled by the Coiifenon-Law. If Offences done in Parliament roid. might have been punifii'd elle-^^*^-'^"^* where, it (hall be intended, that at fbme Time it would have been put in Ure. It d^vh not belong to tlie Judg- id. $o. es to judge of any Law,Cuftom,or Priviledge of Parliament, It is the juft and conllant Courfe ^f/^J«- of Parliament to bring the Party **^*^'^^' accuied to his Anfwer : yea , tho' he fly Juftice, yet to fend out Pro- clamation into the Countries, that he appear at a Day, or elfe (uch and fuch Judgments fliall be given againft him. What is done by either Houfe , ac- itl u i gumenr, f o Parliafmnt, Sir RM' cording to the Law and Ufage of ^menr? Parliament, is properly ,and in the Judgment of tiie Lav^, the Aft of the whole Farlictment : and what concerns the one , muft of necefii. ty concern tlie whole ^ not meer- ly by Conieqiiencej but by an im- mediate Concernment ^ as being one and entire. The three Itftates oi Parliament are one entire Body, jnd Corpora- tion : all their Powers and Privi- ledges in the Right of them , and in the Title to them, are entire, per my © per tout, and belonging to tlie whole Body of the Parlia- ment; tho' in the Exercife of thofe Powers , and (bmetime in the Claim of them, they arc diftin- guiflf d ; and in the Prad:ife of their Powers , they arc in many Tkings diftributed into Parts. AH the Eftates in Parliament are allcaird by one common Name, as Commune Concilium Regni, Mag- na Curia, they are one Body Poli- tic. It is faid by Fineux Chief Juftice, Il^id. Jul Coi Loi hut the thei Hoi lia) i Ufage of and in t!ie ^Iie Aa of and what of nece/I]. not meer- 3 y an im- as being Corpora- md iVivi- sm, and e entire, )eIong!ng te Farlia- eofthofe ^ in the 'c diftin- rad:ife of 'vc\ many irts. xment are n Name, ni^ Mag- 'dy PoJi- ix Chief Juftice, Parliament, 1 1 Juftice, rte i^y&^ Parliament at the Common-Law confifts of the King , Lords, and Qovcimovi^ and they are lut one Body Corporate, The Liberties and Franchifes of id, 5^, the Parliament , in the Right oi' them, are entire , and due to both Houles, for both make up the Par- liament. Knighton (one of our beft Ki-Kny^hton ftorians) doth notably diiclofethe^^'^^'^^/^^ ancient ends of calling Parliaments^ l.$. f.268 1 . in feying, Quod ex Antiquo ^f^tu-^^^^^:^' to^ & Confuetudine laudahili & ^/'-Righrs, prolaiaj&c. That by an ancient ^^j.^" Statute, and Cuftome laudable and ^4. * approved, which no man could de- ny, the King was once in the year '•^ to convene his Lords and Commons to his Court of Parliament , as to the higheft Court in the whole Realm, [/« qua omnis yE quit as re- lucere deleret ahfque qualihet Scru- pulofitate vel nota^ tanquam Sol in Afcenfu Meridiei ; uhi Pauper es & Divites pro Refrigerio Tranquili- tatis ®* PaciSi& Repulfione Injuria- rum.. 12 iii t \l \i J TarliamenU rum^ Refugium Infallihile quaren pojfent^ ac etiam Errata Regnt re- formare^ & Je Statu & Guherm- tione Regis & Regni cum Hapkntl ori Condl'to tr attar e ; ut Inimui Regis & Regni Intrinfeci; & Hofiti Ext rinfeci deft ruantur & repellan- tur , qualiterquoque Oner a incum' lent i a Regi © Regno levius ad E diam Communitatis Support ari po^ tuerunt, ] /. e. In winch Court all Equity ought to iliine forth without tiie lead Cloud or Sha- dow , like the Sun in its Meridian Glory ; where Poor and Rich, re^ freflied with Peace and Eale of their Oppreffions , may always find infallible and (iire Refuge and Succour J* the Grievances of the Kingdom redrefled , and the ftate of the King and Government of the Realm debated with wifer Councels ,- the Domeftick and Fo- reign Enemies of the King and Kingdom deftroy 'd and repelledjand to confider how the Charge? ^nd Burthens of both may be (uftained with with T crcif Tarl ' qnaren Regni rt' Guherm- it Inimki repellan- ^^ tmum* t4S ad E- ntari po- h Court ine forth or Sha- Meridian Rich, re^ Eale of '' always fuge and s of the the flate iment of :h wifer : and Fo- (ing and ^Jled,and rgef ^nd iittained with Farliamenu 13 with more Eafe to the People. The Houfe of Lords cannot ex- sir /i. At^ crcife any Power , as an Houfe of ^»»'sArgu- Tarltament^ or as a Court for Er- '"^"^^ ' ^ * • rorSjWithout the Houfe of Commons be in Being at the fame Time.Both Houfes rnuft be prorogued toge- ther, and diflbived together. By the Law, Parliaments ought !<*• 59- to be very frequent. Before the Conqueft (as it is untruly calfd ) by the Law, Parliaments were to be held twice a year , as appears by King Edgars Laws. So it was ordained by King Alfred, By the Stat, of 4 £^.3.^.14. Parliaments ought to be once a year,and oftner, if need be. And in 36 Ed.^.c.io. to be once a year, without Reftri- (Stion , if need be. By 16 Car. 2. c, I. tfiefe A&s are declared to be *in Force : and further it is decla- red and enafted, That the holding of PzrYnmtntsJhall not iedijconti" med alove4hree years at the moji. The Parliament is a Court ofp;«n>. very great Honour and Juftice, of ^°'^ '*'^* which 14 Parliament. !i ^1 i i ■ il !i which no man ought to imagine a Thing dishonourable. sk RM' An Oifencc rcmmitted in Par- kjfns Arg, iiament is a v pry high Offence,- but ^°' the higher it is, the more proper it is for their Judicature ; and that Court is arm'd witii a Power to punifli the highed Offences, and the higheft Offenders. Ibid. A Parliament may err,for they are not inialhble ,- but the Law hath provided a Remedy againfl thofe Errors, and a way to reform them. A lubfequent Parliament may reform the Errors of a prece- ding Parliament. But to fay that they will be Par- tial, or Uiijuft, or Corrupt, or do any Thing out of Malice , is to raife a Scandal upon the whole Nation, whole Reprelentative tliey are. If any Offence whatever be committed in the Parliament by a- ny particular Member* ; it is an high Infringmentof the Right and Privilcdge of Parliament , for any Per(6n Ibid. Ibid. Pel N( eit| or pe. otll Hi cli '-i-i _.l imagine a ed in Par- ffence,- but )re proper ,• and that Power to mces, and r,for they the Law iy againil to reform Parliament f a prece- ill be Par- ipt, or do :e , is to he whole tive th.ey tever be '€Mt by a- it h an light and , for any Per(6n Parliament. 1 5 Perfon, or Court, to take the leaft Notice of it, till the Hou(e it felf either has punilli'd the Offender , or referred them to a due, or pro- per Courfe oi Punilliment. To do otheru'iie , would be to make the Highcft Court an Offender, and to charge them with Injuflice. Tiieir Right^nd Priviledge (bW(5i. far extends, that not only what is done in the very Houle, fitting the parliament ; but w hatever is done relating to them, or in puriiiance of. their Ordcr,daring the Parlia* went^ is no where eile to be pu- nifli'd, but by Themfelves, or a fiicceeding Parliament^ xho done out of the Houfe. Either Houfe doth ever for t\\t^\^Smon moft partfliew it (elf fo careful j^^^na,^ to keep firm CorrefjDondence with i85. the other, as that \^'hen a Bill hath pals't either ofthcfaid Houfcs,and is fent to the other , f ^ doth for the moft part pals , anl is neither dalh'd, nor alter'd , ^'ithout very great Caulc upon mature delibera- tion, ^lA l6 Parliamefit. 4 tion, and uCuzlly alio not without Conference defir'd, and had there- upon ; that (o fi:.!l Sat.siadion may be given to that Houle,i:rom which the Bill fo rejeded, or alter'd, was fent. Fn^^s *° Peffima Gens humani Generis al- Mi^cd, ways abhorr'da Parliament : and Varimew ^[^q reafon thereof is demonftra- tive ; becaufe they all knew they fliou d then be caird to an impar- tial and flrid Account, and be pu- nifli'd according to their Deme- rits. Ibid. It \^as faid by the Lord Bacon to Sir Lionel Cranfeild^ newly made Lord Treafurer , That he would recommend to his Lord- fliip, and in him to all other great Officers of the Crown, one con^ fiderable Rule to be caretuUy ob- lerv'd, which was , Remember , a Parliament will come, Vttyt'sMif- The Kin^t no Time ftands fo reU'izr/u. hjgijy {^ \^^ Eft^te Royal, as in Vi^'crompM^^ Time o^Parliament ; wherein 7«;.io. the King as Head, and they as Members, to 17 without ad there- tion may ►m which er'd, was eneris al- m : and jmonftra- lew they m impar- nd be pu- ir Deme- jrd Bacon , newly That he s Lord- ler great one con- ituUy ob- *mher , a ftands fo ^al, as in wherein they as lembers, Parliament, Members, are conjoynd and knit together into one Body Politic : ib as whatfoever Injury (during tliat Time) is offer'd to the meaneft Members of the Houle , is to be judged as done againft the /Ci^gs Perlbn, and the whole Court of Parliament. The Prerogative of Parliament ^^i^- is ib great, That all Adts and Pro- cefles coming out of any inferior Courts, muft ceafe, and give place to the higheft. Statutes in England are made not poj-^^^h-' only by the Princes Pleaiiire , but '^'^' ^' alfb by Aflent of the whole Realm: (b that of Neceflity they mull pro- cure the Wealth of the People, and in no wile tend to their hindrance. It cannot otherwifebe thought, ibid, but that they are replenifli^d with much Wit and Wifdom,{eeing they are ordain d, not by the Device of one man alone , or of a hundred wife Counfellors only, but of/i;. Smith's ^^ZlXi.^'^g^'^^'f^^^^^^^^^^^ in the Par/ia- C.2. p.72. merit. For as in War , where tlie Arcana farii. Kif?g himielt in perlbn, the NobHi- ty^ tiie reft of the QentHity^z.nA the feomanry are, is the Force and Power of England : So in Peace and Conlultation,where the Prince is to give Life, and the lafl and highell Commandment, the Baro- ny or Nohiltty for the higher,* the Knights^ Efqit/reSy Gentlemen and Commons for the lower part of the Commonwealth ; the Bijhops for tiie Clergy be prefent to advertife, conlult and fliew what is good and ncceflary ibr the Commonwealth^ and to cdnlialt together ; and up- on mature deliberation ; every Bill or Law being thrice read and dit puted in either Houfe , the other two parts, firft each a part , and after iafte ofL unt( Prir whc Com him it. 1 Con fana 1 Law^. ordej thin^ 4. C of pi Baftc dfR( and Succe fineti is no point and I free tx.l ent. d Abfo. Lealm of Parlia- here the z Noiili- y,and the )rce and in l^eace le Prince lafl and :he Bare- jher ; the emeft and irt of the (hops for dvertife , good and omvealth^ and up- iveiy Bill I and dit he other irt , and afrei Fower of Parliament. i p iafter the Prince himfelf in prefence i^^«* P- V3- of both the Parties doth content unto, and allovvetli, that is, the Prince's and whole ReahiVs Deed ; whereupon juftly no man can Complain, but mud accommodate himielf to find it good, and obey it. Tliat which is done by this Confent is called Jirm , fta5le and fm^um , and is taken for Law. The Parliament abrogateth old IJJ.'l^'jb^ ^ Laws. z. Maketh new. 3 . Giveth Arc.vari 2I order for things paft , and for^^^^ things hereafter to be followed. /^Tg/ 4. Changeth Right and Pofleffions of private Men. f.Legittimateth Baftards. 6. Eftabliflieth Forms of Religion. 7. Altereth Weights and Meafiires. 8. Giveth Form of Succejjion to the Crown, 9. De- fineth of doubtful Rights whereof is no Law already made. 10. A^^ a pointeth Subfidies , Tallies, Taxes and Impofitions. 1 1 .Giveth moft free Pardons and Abfolutions. tx, Reftoreth in Blood and Name. C 2 13. As .£ "^v. 2 o Tower of Parliament. 1 3. As the higheft Court condem- neth or abfblvetb them who are put upon their Trial. And to be flio^t ,14. All that ever the Peo- ple of Rome might do, eitlier Cen- turiatis Comitiis or Trihutis , the fame may be done by the Parlia- ment of England; which reprelent- eth, and hath the Pov\ er of the whole Realm, botli*the Head and Body : For every Englifli-man is intended to be there prelent,either in Perfon, or by Procuration , and Attorny , of what preheminence , Hate, dignity or quality foever he be, from the Prince (be he Kin^ cir Queen') to the loweft Perfon ot England. And the Confent of the Parliament is taken to be every man's confent. RaftaH As for the Po uer of Parliaments u^%^ ' ^^'^^ ^^^^^ ^'^^ Statute and Com- 2 5^^.8. mon Law of this Realm, you will be bed informed of it from the memorable words of an Ad: of Parliament' it felf, which are asfol- loweth, viz, fVhereaa this Realm re- C.2J. ""^ nu ondenv ^ho are id to be he Peo- ler Cen- tis^ the Parlia- preient- ' of the [ead and li-man is nt,either ion, and linence , bever he he Kini erfbn ot nt of the 3e every liamenti d Com- you will rom the Ad of re as fol- g$ Realm re- Tower of Parliament. recognizing no Super tour under God^ hut only the Ktng^ hath heen^ and is free from Suhje^ion to any Mans Laws^ lut only tofuch as have heen devifed^ made^ and ordained with- in this Realm Jor the Wealth of the fame , or to fuch other as ly Suffe- rance of the King and Im Progeni- tors^ the People of this Realm have taken at their free Lilerty by their own Confent to le ufed amongfi them, and have hound themfelves ly long Vfe and Cujiom to the Oh- fervance of the fame ; not as to the Ohfervance of the Laws of any Fo- reign Prince^ Potentate or Prelate^ lut as to the Cuftom and ancient Laws of this Realm , originally e- ftabliflied as Laws of the lamCjby the faid Sufferance, Confents and Cuftom, and none otherwife. It flandeth therefore with Natural E- quity and Good R&afon that all and every fuch Laws Humane , made ivithin this Realm ly the faid Suf- fer ance^ Confents and CuBom , the i(:ng and the Lords Spiritual and C 3 Tem- ai f "1 « 2 2 Forver of Parliament. Temporal and Commons reprefent- ing the whole State of this Realm in the mojl High Court of Parlia- menty have full Power and Au. thority, not only to dilpence, but alto to authorize fome Eled: per- (on or perfbns to diCpence witli thofeandall other Human Laws pf this Realm, and with everj^ one of them , as the Quality of tk perfbns and Matter fliall require, yinJ alfo the f aid Laws^ and ever\ of them to abrogate, adnul, ampli fie, or diminifh, as it fka/l he fet\ to the King^ and the Nohles am Commons of this Realm^ prefent h Parliament y meet and conveniai for the Wealth of this Re^lm. 4Tna.55» The Power and Jurildidlion o the Parliament for making of Law in proceeding by Bill, is fo tranl cendent, and abfolute, as it cannc be confined, either for Caufes c Perfbns, within any Bounds, i Antiquitatem Jpeiles , e/l vetutij ma ; Ji Dignitatem , efl honor atl fma ; fi Jurifdi^ionem^ efl capaci^ fma. Tl tent. 'eprefent- is Realm f Parlia- and A^i. lence, but iled: per. :nce with lan Laws every one ty of tk 1 require, and everj lul, ampli ha// hefit\ 'ohles am prefent h convenki (didion ngofLaw is fo trani s it cannc Caufes c 3unds. iS /? vetutij • honorati .ejicapac^ Tl: tower of Parliament. 1 3 The whole Tarlicment (which %^'s flioiild beft know its own Power) RotPari!"^' affirms, That the Court of Parlia- 1 R 3^. in mnt is of (iich Authority, and the bridgmem People of this Land of iiich a Na-f?' 3,714' ture and Difpofition , as Experi- ence teacheth, that tlie Manitefta- tion and Declaration of any Truth or Right made by the Three E- ftates of this Realm aflembled in Parliament^ and by Autliority oi the fame, maketh, before all other things moft Faithjand certain quie- ting of mens Minds,and removeth the Occafion of Doubts. Parliamentum omnia potefi^ (ays the 4 Leon. 174, 176. The Parliament is of an abfb- sir Rob. lute and unlimited Power in things Argumenr Temporal, within this Nation. &c. sc The Parliament hath the high- ibid, eft and moft (acred Authority of ?»ny Court: it hath an ablblute Power, it is the higheft Court in the Realm, as is acknowledged by bur moft learned and graveft Wri- ters, and Hiftorians. C4 A i I ■i{ i; ( H Crotfipm 20.b. Petyt's Power of Fariifivum. A man gives Land to one, and to his Heirs Males ,• in that Cafe his Heirs Females al(b inherit ; and this was adjudged in Tarliament. One of the fundamental and Andent ^° P^^^cipal Ends of Parliaments was, Rightsjcj^r.fbr the Redrefs of Grievances, and P'4'- eafing the Opprefllons of the Peo- ple. And the Mirror of Jujlkes fays, c. i./>. 9. 77;j^ Parliaments ivere inflituted to hear and deter- mine the Complaints of the wrong- ful Alls of the King, the Qiieen, and their Children : and efpecially of thofe perfons againfl whom the SuhjeBs otherwije could not have common Jujlice, Sir Kob. The greater the Pcrfbns are, if l!ment^'^"^'^^y are in the Rank of Subjects, gument, p. ^j^^^ ^^^ ^^ (iibjcdl to tllC Kings Laws, and they are the more pro- per for the Undertaking, and En- counter of this High Court. It will not be impar congrefflis. King John had refign d up the Crovrn of England to the Pope,by the Hand of Vandulphus his Lcgat, and u.ii T5- etJt ne, and It Cafe 'it ,• and ament, tal and Its was, es, and le Peo- J^flices laments / deter- wrong" Qiieen, fpecially horn the It h ave sare, if ubjeds, )re pro- md En- irt. It • up the ope, by 1^'gat, and 1 Fowet of Parliament. 25 and fordidly (ubmitted to take the Crown at his Hand again, at a yearly Tribute. In the Reign of our Noble King £e'fo^/-^ the Third, the Pope demanded his Rent, and all the Arrears. The Prelates , Dukes, Counts, Barons, and Com- mons refolved, That neitlier the Kifig, nor any other, could put the Realm, nor tjie People thereof, in- to Subjedlion, fans I'ajfent cle eux^ without their Aflent. This intimates, that with their ibid. ^ joynt Content the Crown may be 'diipofed of And it was the high- eft Refolution in LaWjin oneqf the higheft Points in Law, concerning the Kings claim of an Abfolute Power, and in a Time , when the Pope was in his height. It is the proper Work of this j^jj^ Supreme Court to deal with liich Delinquents, as are too higli for the Court of Kings Bench pt other ordinary Courts. Daughters, and Heirs apparent 4 inft«3^« of a Man, or Woman, may by Ad of Tr\,y i Jbi4. Ibid. Ibid. Ibid. 26 Ponder of Parliament. of Parliament inherit, during the Life of the Anceftor. It may adjudge an Infant or Minor to be of full Age. It may Attaint a Man of Tt-ea- fon^ after his Death, It may Naturalize a meer Alt en, and make him a Subject born It may baftard a Child, that by Law is Legitimate, (viz. begotten by an Adulterer, tlie Husband be- ing within the four Seas.) jIjJj^ It may Legitimate one that is Illegitimate, and born before Mar- riage, abfolutely : it may Legiti- mate y^'f/^^^/Jw quid , and not Jim- plkitir. SiUen's 21 Bkk 2. The Lords Appel- 7'ldicaturn^^^^ accufcd the Duke oiGlopeJlet of Treafon ; and tho' they knew he was dead, they pray'd the Kittg that he might be brought to his Anfwer. The King (ent liis Writ, &c. they defired Judgment , and had it. iti:9$. So Rolert Pofwgton was im- peached at the Tjrliament at Wejl- minfter^ :.i I luring the Infant or meer Ali ^(k born i, that bj . begotten sband be- e that is ore Mar- yLegiti. , 1 notyJk !s Appel- Glocejler knew he che A/;/^ ^ t to his bis Writ, nt, and ^'as im- fower of Partiamenf. 27 mjnfter^ and found Guilty, long Time after he was dead, and lb forfeited his Eftate. John of Gaunt Duke of Lanca-^lti^' 3^. fter had by Catherine Swinford , before Marriage , tour illegitimate Cliildren, Henry ^ John ^Thomas y2iwi Joan. At the Parliament holden 20 Rich. z. the King by Ad: of Parliament^ in Form of a Charter, doth Legitimate thefe three Sons, and Joan the Daughter. Thomas Cromwel Earl of EJfex ibid w as attainted by Parliament , and forth-coming to be heard, and yet never calfd to anlwer in any of the Houfes of Parliament : and re- folved by the Judges, That if one be Attainted by Parliament , it can never come in queftion after, whe- ther he were call'd , or notcairdto anfwer ; for the Ad: of Attainder being pals't by Parliament did bind. Where by Order of Law a mania. 39. cannot be Attainted of High-Trea- (bn, unlefs the Offence be in Law High- #28 Pdtver ofParliamenU High-Treafon ; he ought not to be Attainted by general Words of High-Treaibn by Authority of parliament ( as fbmetimes hath beenufed) but the High-Treafon ought to be f J3ecially expreft ; fee- ' ing that the Court of VarViament is the higheft and moft honoura- ble Court of Jujlke^ and ought to give Example to inferior Courts. id.42. ASts againfl: the Pow er of the Tarl lament iiiblcquent bind not. It is againfl the Power and Jurifdi- d-ion of the Parliament^ the Liber- ty of the Subjed , and unreafbna- ble. Id.42. The Stat. 1 1 Rich, x. c.5'. That no Perfon fliould attempt to re- voke any Ordinance then made , repealed ; for that luch Reflraint is unreafbnable. Ibid An Ad 1 1 Rich.z, c. 3. That no man, againft whom any Judgment or Forfeiture was given, lliou'd fue for Pardon, or Grace, ^c, was hol- Aqw to be unrealbnable , without Example, and againft the Law and Cuftom not to ^ords of ity of es hath rreafon eft ,• fee- Viciment onoura- ught to burts. ■ of the I not. It Jurifdi- e Liber- ^eafbna- 5. That ■ to re- made , eftraint riiat no Igment )uy fue as hol- ithout i\v and 'Uftom Tower of Farliament. 2p Cuftom of Parliament , and there- fore void. The High Court of Parliament ibid, to be committed to a few (as in 21 Rich. 2.C. 16. 3 is holden to be againft the Dignity of a Par- liament^ and that no (uch Com- miffion ought to be granted, Tho' it be apparent, what tran- id.43. fcendent Power and' Authority this Parliament hath , and tho* divers Parliaments have attempt- ed to bar, reftrain, (iafpend, quali- fie, or make void (iibfequent Par- liaments *y yet could they never efled it : for the latter Parlia- *ment hath ever Power to abrogate, fufpend, qualifie, explain, or make void the lormer in the Wliole, or in any Part thereoi:, notwithftand- ing any Words of Reftraint, Pro- hibition, or Penalty in tlie former. For it is a Maxim in the Law of parliament .^ Quod Leges poHeria- res pr lores contr arias ahrogant. An Ad: of Parliament Aox\\Hobitn include every man's Confent,2$5. as I'll ■■ ; i 1 \ 1 t ■ 1 li Jiihtvptl ;1| 1 11 ■'1 ll 1 •■ lrl.37 f V 1 : H 8ji. ■I ■''i i 1 111 1 f. 1 f 1; ' 1 .: i Iji 1 i: i: \ J s : Id ^0. " :' 51 1 i i j 1 . Ill Power of Tarliament. as well to come , as prefent. TheSoveraign Power ol: this High Court of Parliament is fuch, That altho' the Kings Majefty hath many great Pnviledges and Prerogatives , yet many Things are not effedual in Law, to pais under the great Seal by tlic Kings Charter, without Parliament. The King by his Letters Patents may make a Denizen ,• but cannot Naturalize him to all purpofes, as an Ad: of Parliament may do. If a man be Attainted of Felo- ny, or Treafbn, by Verdidt, Out- lawry, Confeffion, ^c. his Blood is corrupted (which is a perpetu- al and abfblute Difability for him, or hisPoflerity, to claim any He- reditament in Fee-fimple,either as Heir to him, or any Anceftor pa- r amount him ) and he (hall not be reftored to his Blood, without Par- liament. And the King may give to any attainted Perfbn his Life , by this Charter of Parliament. The King cannot alter the Com- •v Ccmn ftoms kind, witho // Difce Kingi dom^ of hit iiame the/ tion may fliall Majc the Proc Fori or 1 J lia ilsi eux con diz ter c nt. ihnt, ot this is fuel], Majefly gesand Things to pals ent. Patents : cannot ofes, as do. >f Felo- % Out. s Blood erpetu- )r him, ny He- ther as br pa- not be It Par^ ygivc Life, ' the Com- Tovoet of Parliament. g i Common Law,or the general Cu- ftoms of the Realm ( as Gavel- kind, Borough-Engliftijor the like) without Parliament. If a King have a Kingdom hy Ibid. Difcent^ feeing ly the Law of that Kingdom he doth inherit that King- dom^ he cannot change thofe Laws of himfelf without Confent ofVzr^ liament. By the Laws of this Kingdom , ibid, the King cannot by his Proclama- tion alter the Law : bwt the King I may make Proclamation, That he fliall incur the Indignation of his Majefty, that withitands it. But the Penalty of not obeying his Proclamation may not be upon Forfeiture of his GoodSjhis Lands, or his Life, without Parliament. Bmk.12^ Le Parliament ^^Engleterre ;;4- J I l! ii'll I'M) ill'' ,4\: [Pi ; .■'! I I 11 m ii m i. 32|. F^ir^r (?jf Tatliament, doth ordinarily belong t'^ ♦'he Reve. rend Judges ; and in C^^ of great- eft Difficulty , or Importance , to the High Court ot Parliament. 4 Tnft 22. Errors by the Law in the Com^ YacA^c,l'J^^^ P/d-^i are to be correded in the Kirtgs Bench ; and ot the King^ Bench in the Tarltament ^ and not otherwife. stUtTC% Adtions at Common Law are Judicature not determined in this h Court of Parliament^ yet Complaints hav€ ever been received in Parlia- ments., as well of private Wrongs, as publick Offences. And accord- ing to the Quality of the Perfon , and Nature of the Offence, they have been retained, or referred to the Common Law. id.4, 5. There be divers Precedents of the Trial of Biihops by their Peers in Parliament^ as u ell for Capital Ofltnc^s, as Mildemeanors, where- of they liave been accufed in Par- liament, As the Arch-Bifliop of Canterbury^ 15 Ed. 3. n,G^ 7, 8. ® ihid, pofiea^ 44. ^ 39. ® iiid, ly £.3.21. £.3. ivich So w Chic. Peer peal K 1. A. Acer terhi, ral 1 and Bilhc liamt ordir hisF the'] ment Tria gram A A; Pann lioP ftwar like.. Perfi ILorci f^er he Reve. of great. nee , to lent, the Com^ ed:ed in lie K/fig^ and not -waw are li Court mplaints 1 Parlia- Wrongs, Power of Parliament. £.3. 12. And the Bifliop of Nor- tvkh, 7 Rkh.z. for Mifdemeanors : So were the Biihop of York and Chkbejler tried for Treafon by their Tecrs in parliament^ upon the Ap- peal of the Lords Appellants, 1 1 R. 2. Amo 21 R. 2. The Conmons Accnfed tlie Arch-Bilhop of Can- terhury of Treafon^ and the Tempo- ral Lords judged him a Tray tor , and Baniftied him : But if the Biihop be accufed out of Par- 1 accord- liament^ he is to be tried by an Perfbn , ordinary Jury of Free-holders \ for ce, they his Honour is not inheritable, as is ferred to the Temporal Peers out oi Parlia- ment , fave that only of their dents of Trial. As no Day of Grace to be eir Peers granted againft them in any Suit. • Capital A Knight to be returned upon the s, where- Pannel where a Bijhop is Party ,and 1 in Par- rio Proceft in a Civil Adion to be Jifliop of awarded againft his Body, and the 7, 8. ® like.And by this it appeareth what ihid. 1 7 Perfbns are, de Jure^ triable by the £.3.21. t^ords in Parliament , "viz, their '^^ers only, D 2 ' Judg- 35 11 ll d.i5d. Sir Reb. Allans Ar gument, &c. 35. Id4p. dl'';:/. Fower ofFarliament. Judgments in Parliaments foi Death have beep ftridly guidei per Legem Term. The Parliament hatli three Pow- *ers ; a Legiflative^ in Refpedt 01 whicli they are cali'cl the thret Eftates of the Rcahn : a Juclichl^ in refpedi of this it is cali'd Magm Curia ^ or the High Ccn**** '^f Pah liament : a Counjelling Pvtver^\tm it is cali'd Commune Concilium Re^^ fii. The Parliament gives Law k the Court of the Kings Bench^zm to ail otlier Courts of the King dom : and thereiore it is abiiird and prepofterous that it fliou'd re ceive Law from it, and be fubjed to it. Tlie greater is not jndgci ol the Jcfs. All the Courts of Common Lav judge only by the ordinary Rule of the Common Law : but tb Proceedings of Parliament are bj quite anotlier Rule. The Matter in Parliament are to be difcuflei and determined by the Cuftom anc Ufag( i J ^ mem. aments fo ly guided hree Pow. lefpedt oi the thret a Judicial^ I'd Magm "-*■ ^f Pah 'U7t''/*,henc( ilium Re^ :s Law t( Bench ^zm the King is abliird fliou'd re be (libjed lot jndgei imon La; lary Rule : but til; ent are bj le Matter: z difcufla uftom m U% Ponder of Parliament. 3 7 Ufage of Parliament , and the Coui^fe of Parliament, and neitlier by the Civil , nor the Common Law, ufed in other Courts. ' The Judges of all the Courts of ibid. Common Law in Weftminfier are but Affiftants, and Attendants to the High Court of Parliament. And iliall the Afliftants judge of their Superiors? The High Court o{ Parliament l^'^* is the dernier Rejort , and tliis is generally affirm'd, and held : but it is not the laft, if what they do may yet again be examin d, and controlled. Becaufe the Hish Court ofW52» Parliament proceeds by a Law ' peculiar to that High Court , which is call'd Lex © Confue- tudo Parliament i (^and not by the Rules of the Common Law } and confifts in the Cuftoms, U(a^ • ges,and Courfe of Parliament ; no Inferior Court can, for this very Reafon, judge , or determine of what is done in Parliament ., or by the Parliament, D 3 A Ii A 1,1 ArcParl. 95. |d<100. Fetyfs 58 Power of Parliament. A Statute, or Ad: o( Parliament Ihall not be proclaimed , for the parliament reprefents the Body of the whole Realm , for there are Knights , and BurgeJJes of every County, and Town. But other- wife where it is ordained by the Ad, that it ihall be proclaimed. A man Attainted of Felony, or Treafon, Ihall not be reftored in Blood without Parliament, x8 Ed. I. A Truce being con- Appendix cluded between the Englijh and to Mifcd, French^ by King Edwards Ambat i«i;i^D.38.fedors (who therein had difliono- rably agreed to include the Scots) the Ambalfadors at the enfiiing Parliament were Iharply rebuked and correded , not only by the King himlelf , the Prelates and Nobles^ but by the Commons, The Court of Parliament was the Sanduary, whether the diftref- fed Subjed in his Exigence fled for Shelter, and Refuge, and al way found it. Into the Sacred Bofom of Par- liaments turnifh Cafe of Bankers, ^5. liaVi out cor Cal La\ Pre ran ful in nent. arliameni , for the ' Body of there are of every ut other. I by the claimed. ?Iony, [loreci f/-. eing con. ^Itjh and s Ambaf. difliono- he Scoti] enfuing rebuked by the iites and vent was le diftref- -nce fled nd alvvay of Par- liaments Y Tower of Farliament. 59 Uaments it was, that they powred ^^"^-^ vide out their Sighs and Groans with precedents conftant Succels : and when in and Re- Cafes of high Nature the Common '^°^'*^, Law was arretted, and ftopt in her Proceedings,F<^r//^w^»^j evermore ran into their Relcue, and in duti- ful v\'ays difcharged thole Locks and Bars which had been unjuftly faftned on the Exchequer. The Right of the Crowfi ofSwtProvir England^ and the Law of the faid^^^^^, 1^^;. Realm is fuch, that upon the Mif-fp* cliiefs and Damages which happen to the Realm, the King ought, and IS boiina bp W SDatlj (of the Ac- cord of his People in Parliament^ thereof to make Remedy, @c. To conclude this Chapter , Le Parliament ad Ahfolutp poiar en touts Cafes ^ come a fiiire Leys, da J' Juger Matters en Ley ^ a trier vie del home, a reverter Errors en Bank le Roy ; efpecialment lou eft afcun Commune Mi/chief que fordinary Courfe del Ley nad afcun means a remedier ; en tiel Cafe ceo ejl le D 4 pro- M I III 1 lilt I I i 1:1 iii lit! II 40 Honfe of Lords. proper Court. Et touts chofes qut ils* font font come Judgments, Etf\ Fincbe's ^^ Parliament mefme etre^ come il NoAtoTixv/*. poet^ ceo ne poet efire reverfe en f,2iJb.22A afci^» Lieu forfque en le Parlia- ment. Which,becaufe it is omit- ted (as feveral other things are in the Book tranflated into Englijh) I will thus give it the Reader that does not underfland French. The Parliament hath Ahfolute Power h all CafeSy as to make Laws^ to ad- , . judge Matters in Law , to try men upon their Lives ^ to reverfe Errors in the King s Bencli ,• efpeciallj where there is any Common Mifchiej which the ordinary Courfe of the Law hath not any mea-r to remedy^ in fuch Cafe this is the j,- roper Court, And all things which they do an as Judgments, And if the Parlia- ment it f elf errs y as it may , that cannot he reverfed in any place hut in Parliament. 1 Illuf^ and ifiP grea the: N ther( tyy the ] unle of! h liam fj any oft XJbi CHAP. %;^ chafes qut nts, Etfi come il everfe en 'e Parlia. : is omit- gs are in ader that ich. Tht Power k X, to ad- try men fe Errors efpeciallj ' Mifchkj fe of the 9 reme^y^ er Court, do art e ParJia- %y , that "ilace hut Houfe of Lords f 4 1 HAP. CHAP. in. Houfe of Lords. .'"1"^ Here certainly cannot in thc2 Naifo^ X whole World be (een a more ^^^' Illuftrious Court , than this High and Honorable Aflembly of Peers in Parliament ; nor any Tiling ol: greater Benefit and Advantage to the Subjcds of this Monarchy. No Lord of Parliament can fit Sir Simn there,till he be full One and twen- j^^*" ,^ ty years, unlefs by (pecial Grace ofco^.i. ^ the Prince , and that very rarely, unlcls they be near upon the Age of Twenty years at lead. A BKnop eledt may fit in Par-^^^^- liament^ as a Z.or^ thereof. ff the King by his Writ calleth4 ^n^* 44- any Knight or Efquire to be a Lord of the Parliament^ he cannot refufe t6 (erve tlie King there in Commu" ni illo Conftlio^ for the Good of his Country. 4a Houfe of Lords. (rfth Id. 140, Col. I. Col. 2. fEmT ^^ '^^^ ^" ^'^^ Favour of the Prk ^ j^, Tournai, to make Heirs of Earldoms Mem Up ^[^ •Coi.2.bersofthe Z/pper Houfe ^ by Suir, rpf|j;^i moning them thither by Writ: bn ^^^ then they take not their Place theti ^ q as the Sons of Earls^ but accord , ^ ing to the Antiquity of their h j^^gr thers Baronies. ^^^^ The Arch-Bifliop oiCanterlu] ^^^ is the nrft Peer of the Realm. ypp The £v? 'Harjhals Place i: ^^ , Parliament is betwixt the Z! ! ^8 Houfe of Lords. imprifbn'd, or reftrain'd, without Sentence, or Decree of the Houje^ unkfs it be for Treajon^ or Felonj^ or refufing to give Surety oi the Peace. Giving the Lye to a Peer is a Breach ot Priviledge. Ever fince the Conqueft , tlx Arch'Bijhops^ and Bijhops have no Tide to have Voice and Place in Parliament^ but only in rciped o; their Temporal Baronies ; when they are prefent, quoufque perm niatur ad Diminutionem^^c. \\uni\ Argument for the Bifhops Right, d, Hueltion concerning Biihops ftigiit, per totuv. When a Queftion is had of tk Attainder of any Peer, or other, ir Parliament , *'hc -Irch- Bijhops m Bijhops de[' aie Hi^ ' 'r Hoidfe and do maiv^ rheir Proxies : for b the Decrees of the Charcli , the; may not be Judges of Lite .nc Death. II Rich. 2. Divers Lordsy mi others, being appealed of Tree i on and other Iviildemeanors, the Prt late. a Nalf^n 380. mkpvei 84. Vide Kd- VPiJ 184- vide Lord Ho/iii's Letttr. Vide Lord Hollis's Remains. Vid.concra Vxd.GYAfid Hai^ewel 84. Vid.contra Uunt ut fupra per tot. Vid.Grand Queftion concern- ingBifbops Right, eJ^f. fer mm, stldtn of Judicature ^f.p.150. without le Houfe^ urety of Peer is 2 eft , tk f have no \ Place in rei'ped 0: whert feru ue fe'c. Right, &,, ir, pr totui lad of tli( r other, ir ifhops an[ "r Houfe ics : for b 'cii , the\ Lite ..nc .orJsy ant ■'Trectibr >, the Pn late. Houfe of Lords. ^p lates abfented thernlelves during '^^'^•thcre the Trial, having firft made Pro- ftatioi of " teftation, faving their Right to be the Bi- prdhnt in Parliament \ ^^J^'/""' The Proteftation, I think, in- id. 151. tends, That they could not be prefent by reafon of the Common Law, and by reafon of an Ordi- nance made at the Council at iVefiminfler^m 2 1 Hen. z by v\ hich all Clergy-men were forbidden a- git are Judicium Sanguinis ,- upon Pain to be deprived both of Dig- nities, and Orders. For furcly,as I think, they might other wife have been prelent , both by the Com- ; mon Law , and by the Law of God. All the Lords Spiritual and Stldan'i TemporaL 11 Rich, z. claimed as J"^'^*^""^^ their Liberty and Franchile, that the great Matters moved in this Parliament y and to be moved in oth^YParliaments inTimctocomGy ' touching the Peers of the Land , ought to be admeafured,adiudged, and dilcufled by the Courie of E the I ■,i i>i 5© Id.53. ld.6i. Id. 1 23. IJ.lga. ILt Houfe of Lords. ' the Parlianmit^ and not by the Civil Law, nor by the Law of the Land, uied in the more hafe Courti of the Realm : which the Kitif^ granted in tiill Parliament, The Proceeding againft a Peer in Parliament is notneceflary. It appears that the Lords cannot of themfclves judge a Common Perfon ior an Offence, for he is no Peer^ according to that of 4 £.3. I^umh.z6. I Rich, i.The Lord Beauchamf was f vv orn, and examined ; and the i^^^^ * Duke Oi Lancajier being one of the Ho Committee , was diligently exa- te pla m;n'd before the reft of the faid 'tether Committee^ but not fworn ^d tefll- of Cc ficandum. Earls and Dukes are not A \ iworn. tried i In Judgments on Delinquents in *"d " Parliament , the Commons might is at t accujare^ & peter e Judicium , the ^4^)^ King affentire^ and tlie Lords only indid diAjudicare. foi* tt vid.uiVi44 The Kings Aflent ought to be f^^^g- '47.M8* to Capital Judgments, and the Tl: •H.«5». i- ^ ^^^^, Time thereii tual : Lords equal lent is it feen Aflent Capi If fon, tl Charg Ic!.i4i[. i. 'ti by the V of the e Courti lie Kitif^ • a Peer ary. r cannot bmmon he is no I 4 £.3. auchamf ; and the leof the ly exa- the faid ^d tefii- are not uents in might ^m , the 'ds only Ihtto be and the Lords Houfe of Lords. ^ i Lords Temporal to be only Judges therein, and not the Lords Spiri- tual : but in Mifdemeanors , the Lords Spiritual and Temporal are equal Judges, and the Kin^s At lent is not necelfary, //. 136. yer it feemeth to me , that tlie Kings Aflent is neceflarily required in Capital Caufo and Judgments. If a Peer be committed to Pri- fon, the Gentleman Vjher hath the Charge of him thither,and the Ser- jeant attending on the Great Seal. How Lords of Parliament Ihall vide Seat, fce placed in the Parliament , and^\"*^"' ^' ibtlier AlTembhes and Conferences vid.4 inft of Council. ^KoLParL A Peer of the Realm lliall bcgH.ij.w.io. tried in an Appeal by Knights^ &c. tnd not by his Peers , becaufe it ^'^^/^^ is at the Suit of the Party , Brook **^*^^' 141,153. Otherwi(e it is in an indidment of Treafon or Felony , for that it is at the Suit of the King. The Duke oi Somerfet in theW-?'- Time of Bd, 6. was tried for Fe- E X lony ;1 11 . - Wi J 1 2 Houfe of Lords. lony and Treajon by his Peers up. on an Indidment, tor it is the Suit of the King. I Hen,4.i. WlicH a Lord of Parliament is id.72. t-ricd by his Peers^ they fhall not be (worn to (ay thm Ferdi^ ; but they fliall give their Verditl upon their Honor ^ and are not charged but upon their Honors. i 7 Hen. 8. A Lord of parliament fhall have f'^7- Knights upon his Trial in every Adtion. 27 Hen. 8. "^ -^^^^ ^/ f^^^^^^^^^t may be f.17. Outlawed for Murder, 27 H.8.27. J^ a -^^^^-^ ^/ Parliament makes a Refcous^ a Capias Ihall be taken out againft him, if the Sheriff re« turn the Refcous ; othcrwile it is inCale of Debt. I I H.4.1 5. A Capias ad Satisfaciendum does not lye againft a Lord of Parlia- ment ^ 27 Hen, 8. 27. for the I,aw prefumes that he has Aj- fets. V'Hxixu hx\ Attachment is not granta- ble by the Common Law , Sta- tute Law , Cullom , or i^recedent againft i eers up. the Suit ameKt is fiiall not ^ ; but id upon charged i lalJ have I every maybe ft makes be taken ?nff re- viie it is !um does Parl'iA' tor the has Aj- granta- ' , Sta- ccedent againft Power of the ^ (^c. 55 againfl: a />r^ of Parliament : and the Lord Cr^wu?^/ by Order in the F arltament'Chamher was dii- charged of (uch Procefi. In a Pramunire againft a Lord ^^^.^^yi of Parliament ^ he ought to ap-98. pear in his proper Per(bn, and not by Attorny, unlets he has a (pecial Writ of Chancery, » C H A P. IV. Towr of the Houje of Lords. A Peer of the Rcahn beingln- 4'"Af*3' dicftcd of Treafon^ or Felony^ or Mifprifwn of Treafon , may be Arraigned thereof in Parliament , a Lord Steward being appointed ; and then txie Lords Spiritual ihall make a Procurator lor them : and the Lords, as peers of the Realm, during the Parliament, are Judges, i 1 I . I' Ibid. Porver of the whether the Offence be TreafoH^& that is fuppofed to be committed by any Peer of the Realm,and not the Juftkes. v^dc A«j^. ^^^y notable Judgments b)r.the ' Coii.paifm. Lords , at the Profecution of the WdMifon. Commons, and in later Times. H yid.crflw;- Error ferra fue in Parliament, ro«,i8.b. @ Parliameiit poet prendre Recog- nizance^ Brook 137. Error. Er- ror jhall he fued in Parliament, and the Parliament may take Reco^ nizance. 4inft2i. ff a Judgment be given in the King^ Bench, either upon a Wy'i\ of Error, or otherwife ,• the Par- ty grieved may (upon a Petition of Right made to the King in En^ lifh or in French^ and liis Anlwer thereto,/7j/ Jujiitia^ have a Writ of Error dired:ed to the Chief Ju- /lice of the Kings Bench, for re- moving of the Record in pr^Jem Parliamentum^&cc, When one fueth in Parliament to Reverfe a Judgment in the Kings Bench ^ he iheweth in his Bill yd.22. i mmitted i,and not | >nof thei" mes. I'liament, Vf Recog. or. Er- rliamem, ike Recog' :n ill the 1 a H^rit the Par- Petition ig in Enji^' Anlwer ^e a M^rit Chief Ju- for re- 1 prajem arliament in the h in his Bill Honfe of Lords. 55 Bill, which he exhibiteth to the Parliament^ (bme Error ,or Errors, whereupon he prayeth a Scire Fa- cias, The Proceeding upon the Writ '^* of Error is only before the Lords in the Vpper Houfe^ Secundum Le- gem & Confuetudinem F arliament i. The Cafe between Smith and 2 iV4//o» Bushy in a Writ of Error , decida-^'^* ble in no other Court, but in Far- liament. If any Queftion be moved in4in'l-3^3' Parliament for Priviledge, or Pre- cedency of any Lord of F arlia- ment , it is to be decided by the Lords of Parliament^ in the Houfe of Lor as ^ as ail Priviledges and o- ther Matters concerning the Lords Houfe of Parliament are. November 1641. Refolved hy2Naifon the Houfe, Nemine contradicente ^62$, That it belongs to the Houfe of Peers, by the ancient Laws and Conftitutions of this Kingdom , to interpret Ads of Parliament ^ in Time of Parliament , in any E 4 Caufe ,1 , m ■\VM M 1 6 Tower of the Caufc that fliall be brought befoi 2 Nalfon 381. them. JmUj 12. 1641. An Order of the Lords tor Relief of a Fern- Covert , and her* Children , a- gaiiiil a Husband refufmg to Co-ll iiabit. I Rulhr^xoi, , '^'^^ Sentence pronounced by ' 27,28. tlie Lords upon Sir Giles Mompej- fon^ and Sir Francis Michel ^ lor Projedors. j|| Sii^ fis tipon Complahus and Accufa- jiidiciturt lions of the Commons , the Zd^A-^t/f &i^^;7- j-nay proceed in Judgment againlt tlie Delinquents oi uhat Degree (bcver, and what Nature (oevcr tlie Offence be. For where the Commons complain, the Lords do ^ not aiJume to themlelves Trial at Common Law. Neitlier do the L.ords at the I'rial of a Cvommon Impeachment by the Commons ^Je- cedert de Jure Juo : for the Com- mons arc then inllead of a Jury ; And the Parties Anlw er, and Ex- amination of Witnefles, are to be in their Preicnce, or they to have Copies zi filial Suffo plain of 7 (I'd 1 uas ibnc of r ther Lor Frci die are unl mor cor to Fr Lo iii( Honfe of Lords. it before B Copies thereof: and t!ic Judg- 57 Wer ofi |ren , a- to Co- ced by Mompef '^el , lor Accufa- e Lords t agaiiilt Degree z ioevcr lerc the orcis do Trial at do the 'ommon wns^Je- le Com- Jury ,• md Ex- *e to be to have Copies mcnt is not to be given but upon leir Demand, whicli is inflead of Verdidl ,• io the Lords do only ' judge, not try tlie Delinqueyit, 18 Hen. 6. Tho' the Lords rc-ld.98. fiiied to commit the Duke of Su^olk upon the Commons com- plaint of him of a common P ame of Treafon ; yet when tliey accu- fcd him of particular Trcifon , he w^s Committed, and broi-ght Pri- loner to his Anluer. But n\ Cafes of Mildemcanors it is othcrwife; then the Party Acculcd, w hether Lord^ or Conimoner , anlu ei s as a treeman. The Lord uithin his Place jjijij. the Commoner M thn Bar; and they are not committed till Judgment,* unlcls upon riie Anluer of a Com- moner, the Lords find Caule to commit him, till he find Sureties to attend, Syt. left he ihould fl}'. Front Jo. Cavendijh upon the Lord Chancellors demand of Ju- it ice a^ainft liim ior liis fal(c Ac- ciiiatiou, I -.«>■ S8 Id.io$. Id 1(53 Id. 1 7 9. Id 175, 177. Poiver of the cufation,was Committed after his Anfwer until he put in Bail, Atm 7 Rich, 2. and before Judgment. In Cafes of Mi(3emeanors only, the Party accufed was never de- ny'd Counfel. If the Commons do only com- plain, and do neither impeach the Party in Writing, nor by Word of Mouth in open Houfe, nor de- mand Trial to be in their Pre- fence : in thefe Cafes it is in the Election of the Lords ^ whether the Commons fliail be prefent, or not. In Complaints of Extortion , and Opprejfion^ the Lords awarded Satistadion to the Parties wrong- ed, which fometime was certain, fbmetime general ; but alvvay fe- cund itm^ non ultra Legem, It appeareth plainly by many Precedents, That all Judgments for Life and Death, are to be ren- der'd by the Steward of England^ or by the Steward of the Kings Houfe : and this is the Rcafbn , why why make tho' went\ the celloi for after hisi )rsonly,^| ever de-i ly com. -ach thei nor de-" leir Pre- in the wliether |ftnt, or tortion , iwarded wrong- certain, vay /^. ^ many 'gments be ren- ^cafbn , why Uonfe of Lords. ^p why at every Tarliament the A7;/g makes a Lord Steward oi his Houfe^ tho' he hath none out of Parlia- ment. And at (uch Arraignment the Steward is to fit in the C/^^^^- cellors Place : and all Judgments for Mildemeanors by the Chanced lor^ or by him who fupplies the Chancellors Place. In Cafe of Recovery of E)a-M.i87. mages, or Reftitution, the Parties are to have their Remedy ( the Tarliament being ended ) in the Chancery , and not in any other inferior Court at the Common Law. But the Lords in Tarl'ta' ment may dired how it fliall be levied. The Judges ( who are but Af- Sir Simon fiftants to the TJpper Houfe) havG ^^^^^27. leave from the Lord Chancellor or Col-2. Keeper ^to fit covered in thtHoufe^ but are alway uncovered at a Com- mittee. 3 Car, I. The Sentence of th&VHyvi^if- Lords Spiritual and 'l^^^P^^^^ ^^^;^i'!l^^^^ pronounced by the Lord Keeper 2x^1 againft !i If < ' 5o Power of the ^^c. againft Enfigii Henry Reynde , for ignominious Speeches uttered by him againft the Lord Say and Seal^ and for his Contempt of the Higli Court of Parliament , was thus : I. That he never bear Arms here- after, but be accounted unworthy to be a Soldier : x. To be impri- soned during Plealure : 3. To ftand under the Pillory (with Papers on his Head flicwing his Offence) at Cheapfidey Londouy and at Banhury: 4. To be fined at 200 /. to the Ki^ig: 5: To ask Forgivenefs here of all the Lords of Parliament in general, and of the Lord Say and his Son, both here , and at Ban- bury, W.2 1 3. The Court of Star-Chamher or- dered by the Lords to put the (aid Sentence in Execution, out of Time o{ ^Parliament. CHAP. ^^ , for ed by d Seal^ High |s thus : s here- worthy impri- ftand 3ers on ice) at mhury: to tiie ^fs here "ient in 'ay and t Ban- he r or- Jt the out of V 6i fAP. :i CHAR V. Houfe of Common. T H E Houfe of Commons WiisSirii.i4r- originally , and from the^^^^^""" firft Conftitution of the Nation ^c^r-c. p. iV the Reprefentative of one of the Three Eftates of the Realm, and a part of the Parliament. It is affirmed by Mr. Lamhard,^;^^^;^^^ That Burgejfes were chofen to the 257,258*, Tarliament before the Conqueft. The ancient Towns call'd Bo'Littuton, rough s^nxt the moft ancient Towns ^^^'^^^ that are in England : for the Towns that now are Cities or Counties in old time were Boroughsjand call'd Boroughs , for that of fuch old Towns came the Burgejfes to the Parliaments, Knights of the Shire to (erve in Sir Rob. parliament^ and the paying Wa-'^^^'"^^^^" ges to them for their Service, has been Time out of Mind, and did not • ! •I ; ■ fi i i :ll 62 Houfe of Commons. not begin 49 Hen. 3. for that is within Time of Memory , in a Legal Sen(e. W-34- The Houfe of Commons , as a Member ot the High Court of Parliament., have been as ancient as the Nation it felf, and may in the Senfe of Julius Cafar^ be ac- counted among the Alorigenes , and that they have had a perpetu- al Being (to (peak in the Language of the Law) a Tempore cujiu Con- traria memoria Hominumnon ex- iff if y and that they are therefore capable by Law (together v\ ith the reft of the Three Eftates in Parliament^ to prefcribe and claim a Ihare in all Parliamentary Pow- ers and Priviledges ; I do not mean feparately, but in conjund:ion with thofe other Eftates, which they could not othervvife legally have petyt's clone, if their Original and Com- Prcfacc tomencement could have been the Com- During the Britijh^ SaxoH^ and mons, &c, ij^orman Governments.the Freemen (or (qxCl call'd, I great ^^^ ^P^" complaint fern Jm. aji.for by the Serjeant , and brought CqI.2. Ibid. Id. 114. to the Bar, and committed to the Serjeant's Ward. x8 Nov. 1 60 1. Complaint be- ing made by Mr. Fleetwoods Member of the Houfe, that one Holland a Scrivener , and one Brooks his Servant, had evil en- treated and beaten the Servant of the (aid Mr. Fleetwood in his Pre- tence : they were both fent for by the Serjeant , and brought to the Bar, and for the (aid Offence com- mitted for five days to the Serjeant. IX /r^r. 18. Jac, I. Mr. io- vel a Member of the Hou(e , in- formed. That one Darryel threat- ned his Perfon ( that for a Speech Ipoken by him in the Houle , he fiiou'd be fent to the Tower ^Amng the Ithe ?A parry eaaS c fupon ,^comm »thurfi ,ackno ^comii ' \6 Curri jfor ab derou on h in thi he w Arrni Offei Si Lorn the< Mat not I he c ceiv ther oil /, embers, ng the 3unifli'd laint. of this lint fent brought d to the aint be- twood a lat one nd one bvil en- vant of his Pre- t for by t to the :c com- erjeant. 4r. Lo' te , in- threat- Speech fe , he .during the Honfe of Commons. 75 Ithe Parliamc-^ or prefently after) ^arryel was fent for by the Ser* jeaat to an(wer it to the Houfe^and ^upon Teltimony oi it . he was .committed to tlie Serjeu.ir till >Thurjday following , and then to •acknowledge his Fault , or to be ^committed to the tower. i6'}unij^ 1604 Complaint be- Ibid. Mng made of one Thomas Rogers a Currier,d welling mColeman-ftreety jfor abufing Sir John Savil in flan- derous and unleemly Terms (up- on his Proceedings at a Committee in the Bill touching tamers^ &c.^ he was fent for by the Serjeant at Arms to the Bar , to Anfwer his Offence. Sir Wiaiam Afton SherilT of^fcoU. London , being Examined before vw.Pf fit'j the Committee , concerning fome ^*r^*^' Matters about the Cuftoms , and ^/aof^l ' not giving tliat clear Anfwer which Cafc. he ought, and as the Houle con- ceived he might have done, was therefore committed to the Tower oi London. And a Queflion was made i r i)?. ■n 74 tiUl 44 \ fewer of the made in the Houfe, at the Tinie i** pybether the Houfe had at any Tk l^^-^u iefore cemm'ttted a Sheriff i?/to5 f^^^y don to PriJoM. To which IMi 1"*^'"^' Selden made Anlvver , That k L i could not call to mind a PreceJen rff of finding one Sheriff ^London ft ^^^'^^ Prijon : hut he well remembrei^ Precedent of finding both the Sb riffs of London to the Tower,tf«i inflamed the Cafi. Tovnf,coiL One Trujfil being in Executiori Vde Sir ^^ ^"^ ^^ ^^^^ Compters in Lonki Simon was Ordered to*be brought bctoR rf^£w« the Committee with his Keeper, co^it^ * without Danger of an E(cape \\ the Execution. 4 Novemb, 1 640, Upon a Re- port from the Committee for Pn viledgesj That fcveral Indentures were returned tor Burgejfes for the Borough of Bojfmny in the Coun- ty of Cornwall the one by the Mayor of the Town^ tlie other pro- milcuoufly ; Tlie Committee were of Opinion, upon view of thebare Indenture, That Sir Charles Har- hori ScobU 1 5. .Speak [or art intot De Mr. to th^ inghl fufpel make forth to te and accoi him (eve of like Htmfe cf Commons. 75 heTinie Iff ofU^ nich M, That\ -ondon/) ' the Sb Execution n Londoi [ht bcfbn ► Keeper, Escape w on a Re. for Prl identures 'J for tht le Coun. ' by the her pro. tee were the bare bori Jf9rd (who was returned by the |i?foy^^) was well return'd : but [the Houfe declared he ihou'd not [fit, till the Eledion were decided. 44 EUz. 1 60 1. The Qouiikro'wnfxoU. fhath been, if the Houfe Iiath been ^97- Idefirous to fee any Record , the Isfeaker fliou'd fend a Warrant to the Lord Keeper to grant a Certi^ or art to have the Record brought into the Houfe. Decemh. 1641. Ordered, That^f^^ifon Mr. Speaker ao write his Letter s'^^^' to the Mayor of Berwick, eHjoyn- ing him to require fuch Papifts,<3f«rf fufpeSedPerfons as refide there^ or make their conftattt Repair thither j forthwith to depart the Town : and to tender the Oaths of Supremacy and Allegiance t$ fuch as fhall re* fufe ; and to proceed againjk them according to Law ; and to require him that a Guard le kept at the Jeveral Gates ^ and that the Arms of that Place be in readinefi. The like to the Mayor of Newcaftle^znd of //«/?, Th^ 1 1 ^ I. ll V] 7. '^W 7 T IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^ |28 1 2.5 ■50 "^~ MBS ^ lU III 2.2 ^ i;£ 12.0 1.25 U IIIIII.6 III Photographic Sciences Corporation A \ .§-l Chattels^ and Jhould If fined at 1 0000 /. 8. He was alfo dijahled to hold or receive any Office under the King , or for the Common- wealth, 9. And laHly^ Ever to he held an infamous Perfon, l^Jac, I. 19 receiv theC kept to be tinue and ii. in the ttlaived i Tref to It nor to Jury. all Ge- rifoned within mrts of not at ujuall) ^ have m4 for ' fined hold ier the mmoH' e held he, I. over their oxpn Members 55 ic^ fac, I. Sir John Bemet^ forW«92' receiving Bribes, ©r. Ordered by the Commons Houfe to be (afcly kept by the Sheriffs of London ; to be put out, and no longer con- tinue a Member of the Houfe ,• and a Warrant for a Writ for a new choice. * In the fame Tarliament^ Sir /^(?- id. 99. hert Floyd^ for being a Projector of a Patent for a Monopoly ; re- (olved m^ voce^ That he was a Perlbn unworthy to continue a Member of this Houfe, and adjudg- ed prefently to be put out. 3 Car, I. Mr. John Bariour ^^'94^95- Recorder of ^f /A, tor fubfcribing a Warrant for the Quartering of Soldiers ; fufpended the Houfe,and fequeftred, till the Pleafure of the Houfe be known. 13 felr. 1606. Upon a Report id.77,78, made in the Houfe of the Remem- 79- brances formerly fet down of the Particulars of a Conference ,• the Speaker offering to read the Paper, and being interrupted by iomeMo- tions. \ ■ t \ ■J i m I M i \\ n f 96 Power of Parliament tions, and Dilputes, Whether the) jhoUdle read one ly one^ and jo de* latedyor all at once : in that Diffe- rence, one ottlie Knights for Buck- inghamjhire^ with a loud Voice(not ftanding up bare-headed, as the Or- der is) prefied to have them read. TheHoufe obierving his earneftnefs, and manner of Sitting and Cal- ling, for Order's fake , urged him to lland up, and (peak ,• He flood up, and pretending to "offer f bme Realbns, tell into an Invedive a- gainft the Scots^ much diftafling the Hou(e ,* yet out of a common Care to expedite the weighty Bufi- nels then in liand, his Speech was negle(Sed,without Tax or Cenfiire. But on Monday following it was remembred, and his u ords of Of- fence recited in particular : the Gentleman being abfent, was (ent for by the Serjeant. The Serjeant having brought theOffender,it was moved he might be heard at the Bar, which was aflented to, and af- ter he had fpoken, he was com- manded s ov mande 'after u where quaint( was fc Houfe Particu give a inent ; jhoud the To' rinii^ th that ht place Bucks, a new C read 1 better one of vediv( which berof as (avo dious taken explair 'I f over their own Members. manded to retire ; and not Jong 'after was call'd in again to the Bar, where kneeling, Mr. Speaker ac- quainted him, Since the Offence was fo apparently heinous , the Houfe did not hold it fit that any Particulars fliou'd be named, or to give any Reafon of their Judg- ment ; but the Order was,//;^^ he fhouJ he carry' d to the Trifon of the Tower, and there remain^ du- ring the Pleafure of the Houfe; and that he fhould he dtfmifit from his place of Kmght of the Shire for Bucks, and a new Writ to iffue for a new Choke, 15 Fehr, 18 Jac. i. A Bill being Tdjp read the fecond Time , for the better Oblervation of the Sabbath, one of the Members made an In- vedive againft it, and fomething which (eem'd to refled: on a Mem- ber of the Houfe, who prefented it, as favouring of a Puritan, and fa- ftious Spirit ; Exceptions were taken at the Words. After he had explained himfelf, he was ordered H to 97 ■t s , i. tjl i! Id Bo. I 'V t »ii' 98 PoTPer of Parliament to withdraw out of the Houfe ;and Debate being had, he was call'd to the Bar, and upon his Knees he received the Judgment of the Houfc pronounced by the Speaker, That he fhoud he rlifcharged from the Service of the Houfe ; with an Intimation that his Judgment was very merciful , for that the Houfe mighty for Jo exorbitant an Offence^ have imprifond , and further pU' nifh'd him. 3 Apr. 1 604. In a Debate upon a BiUj a Member of the Houfe ut- ter'd Ibmc Speeclies highly diflaft- ing the Houie • but no Notice was taken of it till tlie Bill was com- mitted : and then the Words be- ing repeated, he was call'd to the Bar, where he made his Excufe , and was pardon d. Ibid. 2(5 ^/>/-. 1 64 1. Great Offence was taken by the Houfe at Words {poken by Mr. jf. H, He was firfl heaid to explain himfelf, and then commanded to withdraw; and was call'd to. the Bar, and fufpended the Houle, ilMl & ; and :airdto lees he of the peaker, ■^ from U'ith an ent was ? Houfe Offeftce^ her pH' te upon 3ufe ut- diftaft. ice was 5 com- rds be- 1 to the Ixcuih , 3ffence Words vas firft id then ind was ded the Houfe, 99 over their own Members. Houfe, during that Seffioii oi par- liament. ij Maij 1 64 1. A Paper wasibii brought in, containing words fpo- ken by Mr. Taylor a Member of the Houfe, concerning the Pafling the Bill of Attainder of the Earl of Strafford : who being heard to explain himfelf , and then com- manded to withdraw ; after (bme Debate in the Houfe, it was refbl- ved. That he flwud he expeWdthe Houfe ^ he made uncapahle of ever he'ing a Memher of this Houfe ^ and fhou d forthwith he committed Pri- > foner to the Tower , there to re- main^ during the Pleafure of the Houfe ^ and to make an acknowledge ment of his Offence ^hoth at the Bar and at ^'mA^oM puhlickly. And he was call'd to the Bar , and there kneeling, Mr. Speaker pronounced the Sentence accordingly. 13 Maij^ 12 jac. i. Complaint ij. g was made, that (bme Indignities was offer'd to Sir R. Owen;\vhQn he was in the Chair at the Commit- H % te« u V ■ !' S r h 100 N Ibid. Potper of Farliament tee (about the Bill for the due Ob- iervation of the Sabbath Day) by vSir W, //. who told him , He was Partial ; and by Sir R, K. wiio took him by the hand , and told him, He would pull him out of the Chair , that he Jhould put nc more Tricks upon the Houfe, Sir W.H being prefent, made an Acknow- ledgment of his Error, which up- on the Queftion u as taken for a good Satisfaction. Sir R. K. was ordered by the Houfe to Acknow- ledge his Error at the Bar. 1 9 Jac. I . Some Speeches paf- fing in the Houfe privately be- tu een two of the Members, and iome Offence taken, which ftems was not intended to be given : one of them in going down the Tar- liament'flairs , Itruck the other ,• who thereupon catch'd at a Su^ord in his Mans hand to ftrike with it. Upon Complaint made of it to the Houle, they were both order'd to attend the Houfe : being come,lie w ho gave the Blow was call'd in, and <^ and by Spe the the the wit I T and i«rf over their own Members. i o i andftanding (not at the Bar, but) by the Bar, was examined by Mr. Speaker, confefled the giving the Blow , infilled on the Pro- vocation , and withdrew : The other was alio call'd in to relate the Trutli. After he liad raade the Relation, and was likewife withdrawn, and Teftimony given by a Member of the Houie , who heard the words ,• the Houle pro- ceeded to Sentence againft Mr. C, who ftruck the blow. He being brought to the Bar, there on his knees he received Judgmcnt,which w as pronounced by the Speaker , Th^t hejhould he committtd to the Tower, during the Pleafure of the Houfe. 1626. Mr. Moor (ent to the ;y7^/yj,„'s tower for fpeakingout of Sealbn. introdnai- Novemi. 1641. Ordered, That'"^'' Mr. Fitz- Williams Comsbyjhaff le 2 ^'t^/o^ € X pell d this Houfe ^he he'ing a Mono^ ^^^ poli^.and that the Speaker iffue out a Warrant toth^Clerk of theCroim for a Writ for a new Ele^ion for a H 3 Mem- kf. ! i Ji{ r H' i If 1* I I ill I pj Tower of Parliament Member to ferve for the County of Hertford in his Place. id.s95. Mr. Hugh Benfbn a Member of the Hou(e , having granted many Prote(3:ions lor Money, taking for {bme fixtecn, (eventeen, forty fliil- lings, and twenty tor ten ftiillings a piece. Refolved upon the Que- ftion, That Mr. Hugh Benfbn is mivcrthy and mfit to be a Member of this Honfe, and Jhall fit no lon- ger as a Member of this Houfe.That he be forthwith fent for as a De- iintpent ., by the Serjeant at Arms attending en thisHoufe. Id. 72 3. Mr. Jervafe /:/b//i^ expelfd the Houic ior a Speech ( made with great (Irength of Realon and Cou- rage,biit more Heat than tlie Times would bear) was rcflorcd to liis Place, to fit as a Member of the Houfe oi Commons. U 27a Sir William Widdrington and Sir Herbert Price (ent to the Tow- er for bringing in Candles againft firr.i'c '" the Defire of the Houfe. yoi{y,^o9, 2 3 El/z, 1580. Order d and Re- ? over their own Members. 103 fblveu by the Houfe , That every Knight for the Shire that hath leen ahjent this whole Sejfion of Parlia- ment , without Excufe allowed hy this Houfe^ fhall have a Fine of Twenty pounds fet upon him to her Majejties Vfe ; and upon every Ci- tizen or Burgefi for the like , Ten pounds, 1 Jac. I. 1603. Mr. Lawrence ^y^^^^ ///^if (pretending Bufinefs of hisi^arii^j. Clients, &c.') made known to the Houfe, that he would go out of Town, and Co took his leave in o- pen Audience , without the Af- lent or Leave of th's Houfe,- which was taxed ; and Mr. Speaker war- ranted to write to him. It w^as alfo moved , and rerol-^^''49' ved, That Mr. Speaker Jhoud write another Letter to other Lawyers , heing gone down in the fame Cir^ cuit^ where Mr. Lawrence Hide iivry, advifing them to attend it. H CHAP. ;i i i\ m *f' wt I ?'' m W I 104 Concerning EleSliotJs CHAP. VIII. Concerning EleUions of Members. 5/1.2. St 2. c 4. >?>'?. P J 17.4 Vide rl:e Form of the Writ Sir Simon iVEwss Jour. 57. Vid.Crofr'l>- tons J'A- rif^, ALL Perfons and Commonal- ties who (hall be Summoa'd to the Parliament^ fliall come, as hath been accuflomed of old time, and he that comethnot, having no reafbnabie Excufe , fliall be amer- ced, and otherwife puniihVI. The King (cndeth Writs to the Sheriffs of every Shire ^ to admo- nifli the whole Shire to c\\oo{k tao Knights of the Parliament in the Name of the Shire, to hear, and realbn, and to give their Advice and Confult in the Name of the Shire^ and to be prcfent at tlic day. At every County, after the De- livery of tl\e Parliament-Writ to the Sheriffs^ Proclamation ihall be made I made Day i and t riieE fame Wl fpeak? tatus theC felf not. 1 of Members. 105 made in the full County, cf tiic Day and Place o^h^ Parliame}?t ; and that all Men ftiall attend for the Eledion of the Knights ior the fame County for tlie Parliament. Where the Varliament Writ^'"^^'^'^^' 2 2 fpeaks de qualilet Civitate Comi- wid.Crm^. tatus illius^ this intended where 3* the City is not a County in it felf If it be, the Writ iliall luc di- rected to them, ^c. as it is to Sheriffs of other Countries. x^Eliz.isU. Refblved, That the Houfe of Commons are the only ^jj^ ^^^^^ competent Judges concerning Elecii-d'Ewis ons^ which are duly made , ivhich^'^'!^' ^^^' wt. 18 Jac. I. The Mayor of H^in-payt's chelfey^ for mif- behaving himfelf^^^^'^j^ at the Election of Parliament-men for their Town , and making a falfe Return, ordered to be com- mitted to the Serjeant ^and to make aSubmidionat the Bar, and an Ac- knowledgment in the Town, be- fore the new Eledlion. 10 Jae, I. The Mayor of Arun-id-m. del^ s I rpr H' i:l' II ■ f If 10^ Concerning EleStmn del , for mif-behaving himftlf in the Eledion, by putting the Town to a great deal of Charges , not giving a due and general Warning, and packing a number of Electors,- ordered to be lent for5anJ adjudged ^ to pay the Charge to be fet down by three of the Members. AfcViYi/^. Likewift to every City and ^clmmn- To\vn,vvIiich of ancicnt Time hath wfj/:6,7^.been v/ont to find Burgejfes oFthe rarliament , (6 to make Eledion, tliat they might be prefent there at the firfl day of the Parliament, 4 J"|J* '^j In 7 Hen. 4. it is enaded,/te '' EJeclioiis fhoud he freely and In- differently made ^ not with flanding any Prayer or Commandment to the contrary.^ fine Prsece, without anj Prayer or Gift^ and fine Praecepto, without Commandment of the King by Writ^ or otherwife^ or of any o- thcr. The King^ de advifamento Coh" cilii^ relolving to have a Parlia- r/ient^AQi^\ out of the Court of -Chan- cery (end out Writs of Summons , at I 4 lail 4, at the I parlian The mo'.is ot be Knig ties ; gejfes of relped or Coun by For( Mito ought t The of the ' them, Time ^ Wh( Parliai f/oufe^ either : lation, partly Eve being three ] out iV to be I ifclf in Town ^ not irning, 'ftors; udged down ' and le hath oF the ^dion, : there 'ament, nd in- anding to the it anj :cepto, King any O' "0 Con- ^arlia' 'Chan- nons, at of Members. 1 07 flt the lead Forty days before the parliament begin. The third Mate is the Ow-^ina.,. mo:is of the Realm, whereof there <^'rmpur% ht Knights of the Shires ^ or Coiui-.*''^^^" ** ties ; Citizens of Cities^ and Bur- ^ejfes of Boroughs. All which are relpedively eleded by the Shires ox Counties^ Cities and Boroughs , by Force of the Kings Writ, ex ckhito JufUtiiSy and none of them ought to be omitted. Theft Repreient all th.e Commons ibid, of the whole Realm,are trulled for them, ane Houfe of Commons^ either m Perlon, or by Repreicn- lation, partly coagmentatiue^ and partly reprefentative. Every ivicmbcr of the Houfe icJ-s- being a Counielicr , fliou'd have three Properties ,• Firfl:,to be with- out M' lice or Envy. Secondly , to be conflant and inflexible. Th.irdly, > I i'ii' m ■ r J" "i III.. i I mm :].'!' :4-: III '^ » Mr^ ,*■ 08 I ) I Concerning EleEiions * Thirdly, to be of ripe and perfeft memory, as appeareth in a Parli^ anient Roily Rot, Far 1. 1^1^.6. n.-^^ Arc.varis' Tlie Knights of the Shire are s»?yf^'s choien by all the Gentlemen and wftf//l) 77. leoman {\, e. Freeholders) or the »S'^i/r, prefent at tlie Day aflign'd tor the ElecT:ion : The Voice of any ablent can Le counted for none. Concerning the Writs for Sum- moning the Knights and Burgeffes and the Return of the Shmtt'^FiJe [ Cromftons Jurif, lyZ. Every Englilh-man is intended to be there prefent, either in Per- ibn, or by Procuration and Attor- ny : and the Confent of the Par- liament is taken to be every mans Confent. Thefe meeting at one Day, the two hav^e mod ot their Voices, are maith 77. chofcn Knights of the Shire for that Parliament. Likewile by the Plurality of the Voices of the Ci- tizens and Burgeffes^ the Bt*rgejfes are clc(Scd. Th: Arc.Parl'^. Id. 10. Smyth's Commcrt 1 Cou (fay C. I ofai twe( Cloc Lon begi bed thel A befo pubJ Fore thei may tert &C F iftl: the the \vh( and I Pol in I i nd perfeft in a Parli. Shire are tlemen and '0 of the ly aflign'd Voice of runted for 5 for Sum- Burgedes ; s intended icr in Per- and Attor- f the Par- /ery mans : Day, the ^oices, are Shire for /i(e by the )f the Ci- ' Bt^rgejfes The ' of Members. i op The Eledion ought to be in full 4 m^- 48- County, between Eight and Nine (fays the Statute of zj Hen. 6. f. 1 5.) No Eledion can be made of any Knight of the Shire but be- tween Eight and Eleven of the Clock in the Forenoon , (ays the Lord Coke, But if the Eleftion be begun within the Time,and cannot be determined wathin thofe hours, thcEledion may be made after. Any Eledion or Voices givenj^'49^ before the Precept be read and publiftied, are void , and of no Force : for the femeEledors,after the Precept read and publiilied , may make a new Election, and al- ter their VoiceSy SecunMm Legem & Confuetudinem Parliament i. For tlie Election of the Knights^ id 4R. if the Party or Freeholders demand the Tolly the Sheriff cannot deny the Scrutiny, for he cannot difcern who be Freeholders by the view : and tho' the Party would wave the Yolly yet the Sheriff muft proceed in the Scrutinv. The ■!• It T ; 1 1 o Concerning EleBions St. 8 H.6.C. The Kmghts fliall be returned l'\^{^^^''mto Cbaiicery by Indenture C.I 5 3 2 Nalfon S70. Sir Simon d' Elves betvvixt the Sheriff and the Choo. 7S^/: ^^^s of Alights for the Parliament, Jan. 1 64 1. In the Cafe of Mr, Downs return'd a Burgefiiox Arm- del^ Ordered, thatheleprefentl) [worn and admitted as a Memkt into the Houfe, until fuch Time ai the Eleuion he determined. A Biirgcls elected for two fe. %m!\-2,o^'^^^^ Boroughs may choofe for d22. & vvhicii he will ferve. ^ajjim. ^ 2, 1 Jac, I .Edward Ingry Under-' ^;/^;:^,^]']: Hieriff of Camhridgelhire , for re- ment.112, iufing the Poll (declarmg that Sir Thomas Steward promiled to de- fend himagainfl Sir John Cutts) was brought to the Bar,and kneel- ing upon liis Knees, adjudged to be committed to the Serjeant's Cu- Rody, and to make a Submiffion at tiic Bar, and at the next Qmr- ter-SeJ/Jons^and to acknowledge his Faults. 3 Car. I. Thomfon Sheriff of Tork., for his hafty and precipitate Judg- 113. Id. 1 15. to 120. i ms eturned ftal'd ^ ChoQ. of Mr, >r Arm- ^refentl] Memkr Time di two fe. 'ofe for f Under- for re- that Sir 1 tode- ' Cutts) d kneel- ,'cl to be ^^s Cu- ^ini/Tion t Quar- edge his :?riff of :cipitate Judg. of Members. 1 1 1 Judgment of an Election , and de- nying the roll, being requir'd- and Alderman He^low for advifing and abetting the fame ; adjudged to {land committed to the Serjeant during Pleafure , to acknowledge their Offences at the Bar,to pay all due Fees, to defray the Charge of Witneiles, to be aflefled by four of the Committee,to acknowledge their Faults on their Knees at tlie Bar, and read a SubmilTion. After the Precept of the Sheriffid.^^, directed to the City or Borough for making of Election ; there ought , fecundum Legem & Cou" fuetudinem farliamentiy to be gi- ven a convenient Time for the Day of Election , and fufficient Warning given to the Citizens and Burgeifes tlio.t Imvc Voices, that they nipy l;C prclcnt : other- wife tlie ElciJtioii h not good , un- lefs fucli as lir.vc V^oices do take Notice of tlicmfch'cs, and be pre- lent at the Eled-icn. mbirt 1 5. When there is a Corporation ^^''"/V^V ^ J non s Caie made in lYiUni. 'ii ,- % ■ml ft Wi i ' M w^ 112 II L* Concerning EleSiions made by Charter ; mdby tiie fame an Ordinance,that the Provofl and Burgeffes only Ihall choole,®c.Tlie Law ihall veft this Priviledge in the whole Corporation in point of Intersft, tho' the Execution of it be committed to fome Peribns, Members of the lame Corpora- tion. 4 ina. 49. The King cannot grant a Char- ter of Exemption to any man , to be freed from EIcd:ion of Knight^ Citizen^ or Burgefi of Parliament fas he may do of fome inferior Office or Places) becaule the Ele- dlion of them ought to be free , and his Attendance is for the Ser- vice of the whole Realm , and for tiie Benefit of tlie King and his People ; and the whole Common- wealth hatli an Intereft therein. iJfi^r' 18 Eliz. 157). Relblved, That 244.C0I.2. ^^^^y Pct'fon being a Memler of the Vide con- Houje^ and being either in Service mJEim^f^^^'^^^iff<^g^^ ^^ ^If^ '^ Execution, Jour. 281, or vifited with Sicknefi^Jhallnot in any wife be amoved from their FLice 282. \ ms lie fame ^ofl and ^r.Tlie ■<^ige in :)ointof n of it erf bus , Drpora- I Cliar- lan , to ^lament nferior le Ele- free , e Ser- ind for id his ein. !, That of the 'ervke :ution^ ' not In their FLice Who may be EleSlors. if^ place in this Honfe^ nor any other to ie, during fuch Time of Service ^ Esecutiony or Sicknefi^ eletleJ, CHAP. IX. Who may be EleHors, TH E Choofers of the Knights St.i h.§.c. for the Parliament ought '• ^^"^^'l* to be only of fuch Perlons as arec.*2. refiant and dwelling within the faid Shire. No Perfon fliall be a Choofer ofg^ g ^.^.c, the Knights for the Parliament , ?• except he hath Freehold Lands or \^ " j'^f* Tenements within the fame Coun- land* ty, to the value of Forty Ihillings per Annum at the lead , above all Charges. The Sheriff hath Power given ^ him by the faid Statute to examine cy. upon Oath every fuch Choofer , how much he may expend by the I year. I'li'' ! '] ' t .*J 1 % M ft 1^ }V 114 Who may be EkSiort. crompt. year, if he doubt the value of it. 7«^'/-3. In many Cales Multitudes are 4lnft.4 $.bound by A^ls of parliament^ which are nut Parties to the Ele- ctions of Krj'ightSj Citizens^ and Burgejfes : as all they that have no FreeiioldjOr have Freehold in anci- ent DemefnepLnA all Women having 1' rcehold, or no Freehold,and Men v\ ithin the Age of One and twenty years, &c. St.35H. 8. Every Inhabitant choofing or ^•'•^'^''"^'^cleding in any other manner (than is prefcribed by tlie Statute) to forfeit an hundred fliillings,half to the Kiyg^ and half to him that will liie for it. If any man keeps aHouflioldin one Comty^dinA remains in Service with another Family in another County , yet he may be at the choofing of Knights of the Shire ^ where he keeps his Family ; for it Jnnf,i.h. fliall be (aid in Law a D\\ elling in St.2 2H.5. cither of thole Counties c.i^. If the Mayor and Bajliffs (or y^l^xf^'other OfficerUvhQXQ no Mayor is^ I Alt. VayI 3 5- Crompton\ tons Ji>r. 5 b.4 a. Mayor is) lliai! it. csare ment ^ Ele- and tve no and- wving Men f Who may he 'EkBoru jhall return other than thofe which bechofen by the Citizens and Bur- qeffes of the Cities or Boroughs where (iich Eledlions be , fliall in- cur and forfeit to the King Forty pounds \ and moreover, ihall for- feit to every perfon hereafter cho- \kw Citizen ox Burgefi to come to parliament^ and not by tlie (ame Mayor or Bayliff^ &c, returned j or to any other Perfon that will (lie for it, Forty pounds. 11^ •vi 4' I ?i CHAP. X. PTho may be EleBed, i ^£//2.|^lO knight^ Citizen^ or Sir Si'mn C.I. I >l Burgeji can fit in '^'^^^^ Parliament^ before he hath taken J°"'* ^^' ^Q Oath of Supremacy y and fince the 7 Jac, i , the 0^//; of Allegi- ance, 1 2, Ete^ ^1 i- r I 11 frr i't' ,M 1 16 4 Inft I o, ff^ho may be EkSled. Becaufe the words of the Writ for Eledion of KmghtSy &c. were e/uos Milites gladiis cmtloSy ®c. it required an AB of Parliament , that notable Efquires might be e. ligible. 5t.2 5 \\,6. Therefore the Statute (ays, The c- ' 5- Knights of the Shires for the Par- liament mufl he notable Knights, or jtich Efquires , or Gentlemen, lorn of the fame County^ as he ahle to he Knights. St. 1 8 Eci . A ny man may be chofen Knight^ liUnd^^ C'^tizen^ox Burgefi^ tho' he be not dwelling within the fame. St. 5? H.8. Every Knight, Citizen^znA Bur- gefi ihall be refiant and dwelling within the Counties, Cities, and Towns. Every Knight, Citizen, or Burgefi taking it upon him , and not choien (m the manner pre- icribcd by tlic A^ of parliament^) to ibrfet an hundred pounds. Si home nefleant Inhabitant, i:e free del un Borough^ poit Ejlier, sil voit Jeruer a lour Eletlion , ou nemy, pur le Borough, If C.I. in In land. Aionr fo. 551 n.741 Writ Were ^Sc, it fyfent ^ t bee. s, The e Par- Ms^ or J, iorn ^ to ie ''nighty )enot i Bur' 'elling i", and :en^ or , and pre- metit) • '/, i:e \jller^ », ou If r ^'ifce? /»^j> l^e EleStcd. 1 1 7 If a man be not an Inhabitant , nor free of a Borough^ he may choofe if he will lerve at their E- ledion, or not, for the Borough. « ^ ; By the Statute none ought tovoi.i/' be chofen a Burgefi of a Tiu?;/, in ^s?- which he doth not inJaabit • but the ufiige of Parliament is contra- ry. But if Information be brought upon the (aid Statute againft luch aBurgefiy I think that the Statute is a good Warrant for us to give Judgment againft him, by IVhit- lock. The King cannot grant a Cliar- ^ i"^ 49 ter of Exemption to any Man to be freed from ElecStion of Knight^ Citizen^ or Burgefi of the Parlia- ynent. ^ ^ nn>nfCoU. A Perfbn Outlawed in a Perfo- ^}^K nal Cauie may be a Burgefi. smiths cl If Exception be taken to fuch sir simon an Eledtinn, and an Outlawry al- jou^V ledged to difmable him , the Stat. C0I.2. 23 //(?«. 6. c. If. will difinabIe48°;.co!.f. moft of this Hou(e,for they ought s'mon to be Buroeffes refident. ^'^^'^ „ . I 3 Tho CoU i i \ h r i'i' 1 ^ : ! 4lnft-.i5. 1 1 8 Who may be EleSied. Sir Simmon Xlio' the Common Law doth di(^ jmrnii inablethe Party, yet the Privi- 48^.coi.i ledge of the Houle being urged , pkat prevaileth over the Law. Sir .??>».;« A man Attainted, Outlawed, or 7(11^482. Excommunicated, or not lawfoUy Coll. eleded, if he be returned, out of all doubt is a lawful Btirgeji. A Knight Banneret^ being no LorJ of Parliament , is eligible to be Knight y Citizen^ or Bnrgefi of tiic Hoiife of Commons y being un- der the Degree of a Baron^ who is the low eft Degree of the Lord\ Houfe, An Earl's Son may be a Mem- ber of the Houfe of Commons. -44.C0I.2. Qj-j^ under the Age of One and 4 Tnfl. 47- twenty years is not eligible. Nei- ther can any Lord of ParUament fit there till he be full One and and twenty years. An Alien cannot be elecfted of the Parliament , becaufe he is not the Kings Liege Subject : and (b it is, albeit he be made Denizen by Lettfrs Patents^ &c. But it an Alic" sir Smon aEives journdl, «¥<»• ^ fth die Privi- WW 9 ^ed, or [out of • ng no ible to ig im- vvlio is Mem- .f. ne and Nei- ament e and pd of is not nd io on by if an 4Jic- ^7;^ w^)/ be EleSted. i i p Alien be naturaliz'd by Farlia- ment^ then he is eligible to this, or any other Place of Judicature. No Alien denizated ought to fit ^^j>^'* here, per Sir Edward Coke, ParU'j^, Reiblved upon the Queflion , That the Election of Mr. Walter Steward^ being no natural born Subjed, is void, and a Warrant to go For a new Writ. None of the Judges of the Kings 4 inn:.47<. Bench ^ or Common Fleas^ or Barons of tlie Exchequer^ that have Judicial Places , can be chofen Knight ^Citizenpx Binge fi of Farli- ament^is it is nou' lioklen ,becau(e they are AflKlants in tlie Lord's Houfe. Yet read Pari Roll \iW.6, But any tliat have Judicial Da- ibid. CCS in other Courts Ecclefiaftkalox Civile being ro Lords of Parlia- ment^ are eligible. None of the Clergy x\^o he be o'lMmr fo. the lowed Order, is eligible to Ic'^^J-"- ' n , 1082. Knight^ Citiz^rty or Burgefi ot Par- 4 inft47. liamenty becaule they are of ano- ther Body, 7;/?. of ^he Convocation. \ ^ The \ w L IV 1 2 o fVho may be EleSled. mi^TPti The Clergy of the Convocation^ Vide ^'ox\ Houfe are no Part or Member of Book oi the Parliament. uell^ ^ "^^^ Attainted diTreafon or Felony^ &c. is not eligible. For "^ " "^ ' he ought to be magh idoneus^ J if cretm^ & jufficiens, 4 inft.48. Mayors and Bayliffs oi Towns Vide con- ^ ^ , r •/ 1 tra Bnoi^ Corporate are eligible. /iftrrv^ tit. At a Parliament holden 3 8 //.8. ^'^^^■'^' it was admitted and accepted,//;^?/ €rompiA6. if a Burgefs of Parliament he marie a Mayor of a Toivn^ or have Judi- cial Jurifdiftion, or another is fick; that thele are Caufes fufficicnt to choofe others. Any of the Profeffion of the Common Lau\ and which is in Pra- dife of the fame, is eligible. By (pccial Order ot the Noufe of Commons the Attorny General is not eligible to be a Member of the lio'dfc of Commons. n^^', /^^ Egcrton Solicitor la lioign fuit vide sir command d' Attender en IVpper Jo^fr'T/r. ^M^'^ ^ ^^^^>^d 3 ^purs, & apres Col 2 ^^2.fiiit ejlie BurgefipiirKc^dir\Q^.j3tfu/t Col. I. ^^^ 4 infi.43. VM, h feteig\ hnt e\ kit el was c^ Vppen days, gefi fo ed,becl the Z/j fenal On Jattet vient^ J'aver Memk ilfuit tnle I Onj Burge comn per. chalk have caule Lowe 1 who may be EleSled. 1 2 i teteign quia il fuit primes at ten- imt en iVpper MeJon:,(levant que il fuit eflie un Member de lower Mefon, Egerton the Queen's Solicitor was commanded to attend in the Vpper Houfe^ and did attend three days, & afterward uas chofen Bur- gefi for ReadingAnd. he was retain- ed,becaule he was firfl attendant in the Vpper HoufeyhQiore lie w as cho- fen a Member of the Lower Houfe. Onflow Solicitor eft e ant Eur^ Mml<<\ geji cle lower Mefon , ///// command nj^i. d attend en upper. Le lower MefbnX^'^f^iT^^^ 'vtent^ ^ luy challenge^ \5 demand j our. xii. d'aver luy; ^ fuit grant. quia ilfuit ^°^' ''^* Member de lower Mejonjdevant que ilfuit command per Breve d attend tn le upper. Onflow the Solicitor being a Burgefsoi the Lower Houfe^ was commanded to attend in the Vp- per. The Lower Houfe come,2nJ challenge him , and demand to have him 5 and it was granted, be- caule he was a Member of the Lower Houfe ^ before he was com- manded 'I' n I mr 111 k :.v i ". i Sir Sim§n iTEwes 7o; no more can he here^ between him* felf and the County ; for there are required two Perfons, Yet Sir Edward Hohhy faid , that tk Houfe might well receive him^ and vouclied a Precedent , when tlie Bayliffs of Southwark returned themlelves Burgejfes^ and were re- ceived. The Fee for tlie Knight of any County is, four fliillings per diem^ and evtry Citizen or Burgefi is to have two fliillings per diem. Where one Perion is chofen and returned to ftrve in (everal Places; jotl^up- ^^ ^^ ^" his Election to make his Choice in the Houfe in his own Perfbn, for what Place he will (erve,and wave the other Eledion, fo as 'a Writ may ifTue for a new Eledion, that the number may be full. CHAP. Seohtl 18 Vide Sir ^m. KeM Ai Kc in retui ving o tjOY B Citizen Evei make t Knight. toconr feit ai King, the Pa fon d i Mainf Magiji fed. an can" jmfeif. here an Vet Sir hat tk 'im, and len tlie eturned vere re- of any efi is to )fen and I Places; ake his lis own he will Jedion, a new may be CHAR "5 i' CHAP. XI. Returns of Sherifs^ &c. And Amendments of Keturns. 2. Concerning the Punifliment of § r Sheriffs tor their Negligence ^"'^•'''•^' 4- in returning of Writs^ or ibr lea- ving out ot their Returns any Cz- tj or Borough ;^\\\ic\\ ought to (end Citizens and ^^rg^z/d-j*. vSee the Stat. Every Sheriffs who doth not^t-^ " ^• make true Return of Eledions oi^^'l'^l Knights J Citizens, and Burgeffes^^'^^^-crom- to come to Parliament, Ibali for- ^J^'^.^"" feit an hundred pounds to the f/ai^syvtt King, and an hundred pounds to"^^' the Party injured ; and be impri- fon d for a Year without Bail or Mainprize. And every Mayor or Magiftrate of a Town fo offending, lliail \ *i -i-\ \ i r \ I \ i I •1 pi I 126 Returns of Sheriffs^ &cc. fliall pay Forty pounds to the Az/^^ and Forty pounds to the Party. This Adion to be within Three months atter the Parliament com- menced, or by any other man who will. Ht had, 11 be a- or any his be- a good ^ every Sayliff, n is, to ard in e Town Inden- e Party 2 , and of the :he reft of \^f rand Amendments of Returns^ of the Indentures retufned by the Sheriff, thG Sheriff having endcr- fed it upon his fVrit : but this In- denture was never executed by the Sheriff, nor returned : and yet this Return was held by the Com- mittees to be good. fan. 1 64 1. Ordeied, That thel^^^^^^ High-Sheriff of the County of^''' Suflex, who has return d two In- dentures for the Town 0/ Arundel, jhall he fummond to appear here at the Bar^ to amend his Return. ]S Eliz. 1 59X. It was (aid by S;r Simon the Speaker, No Return can be a- jni^^^^^, mended in this Houfe : For theQoli. Writ and the Return are in Chan- cery, and mufl he amended there. Every Sheriff, or other Officer^ Sr.35 h.8. returning any Knight, Citizen, or ]'^^2 ^^^' Burgefi choikn in ^iwy other man- ner (than is prefcribed in the Sta- tute ) to forfeit an hundred pounds. If one be duly eleded Knight , 4 ^^49- ^. . Ts r? J T_ n; .A'lt cites m Citizen, or BurgejSy znd the iS/;^r/Jf the Margin return another : the Return mull ^ot. pari. -.ft I >, II pp I, f m\ I 428 KetHttis of Sheriffs^8cc. be reformed and amended by the Sheriff, and he that is duly eleft, ed, mull be inferted : for the Ele- (Stion in thefe Cafes is the Founda- tion, and not the Return. Scobd 11$. i?> Jac.i. The Sheriff oi LeU cejlerjlure having returned Sir Thomas Beaumont ; upon Report irom tlic Committee tor EletVf that Sir George Haflings v\ as v... ly cholen ; the Sheriff was order- ed to return Sir George Hajlinp to the Clerk of the Crown ^ and he to accept it, and file it. Ibid. 21 Jac. I. Upon Report from the Committee of Priv Hedges ^hsi in the Election of Mr. John May nard for Chippingham, John May nard u as cholen, but by a Millake Charles was afterward w rittcn in ftead of John : It was Relblved , The Return fhou d he amended, with- out a new Writ, and t hit the Bay- Uffjhoiid do it , and not the Clerk of the Crown, and that it fhoud he Jent downto the Bay liff in the Coun- try. and he to Return John May nard Efq; the firjl Burgefi, i Feh, by the 1^ Ele. Qunda- ofLei. ed Sir Report ^ as ^.. s order- and he : from o',That 7;^ May- Vliftake ittcn in fblved , he Bay- 'e Clerk mid he w Court- aynard I Feh, r T Retnrns of SheriffsyScc. X19 I Fehr. 1640.It being Refolved,'''^**- that the Elethon of Mr. Erie for one of the Burgejfes of Warchain , iiagood Ele^ion : Ordered, That the Officer^ who was the Officer when the Return was maJe^ er his Depu- ty^ or the Eleilors^Jhoud amend the Return, But the next day it was Ordered, Tha} Edward Harbin, the late Mayor of Wareham'j De- puty, fhoud come to the Bar of the Houfe^ and amend the Return. 10 Fehr. 1640. The BaylifFof^^ "^' Midhurji in Suffex came to the Bar (being fent for by Order of the Houfe) and amended one of the Indentures of Return of Bur- gefes for that Town^ and the other was taken off the File. rfa.SA^r//f (hall return one for sir Simon a Ifnight of the Shire^ who was un- ^^'*'" duly, or not at all elected ; yet coS!2 ** ^ he that is (b returned , remains a Member of the Houfe till his Ele- dion be declared void. K CHAR J ■A t t ; i 1\ or ' I >, : f J m .1 ■IP !,!T 1^'' ;' I \ ■ !i '•I tV: ■\: A li 1.30 CHAP. XII. EleBion of the Speaker, ArcPari,. HT H E Speaker is he that doth smyth'^ I prcicr and Commend the cmmon' j^m^ exhibited into the Parliament^ and is the Month of tlie Parlia- ment. 4 Tnft. 8. It is true, the Commons are to smyth'i choole their Speaker : but feeing ^';X75.that after their Choice the King may refufe him ; for avoiding of expcnie of Time and Contc^ftati- on, the Ufe is ( as in the Conje d'EjIieroi^BiJhop) thsx the King doth name a dilcreet and learned Man, whom the Commons eled. But without their Eledion no Speaker can be appointed for them, becaule he is their Mouthy and tru- lied by them, and io neceflary, as the Houfe of Commons cannot fit without him. A \ Infl. 8. ik ker^ 'a at doth Jnd the : Parlk- are to feing I King ding of nt(,^ftati. e Conjt he Kln^i^ learned Jed. hon no r them, nd tru- lary, as mot fit Elcciion of the Speah^r. 1 5 1 Aad therefore a grievous Sick-'*'-^' nefi is a goodCanfe to removethc Speaker^ and chooie another. So in I Hen.^,S'vc Jehn Cheyny difcliarg- ed : and 16 William Sturton^ So in 1 5 HcM. 6. Sir John Tyrrel remo- ; • ved. Tl}f 5Irft Day each Member is Modus u- called by his Name, every one an- ^^^^' '''*^^' fwering for what Place he ferveth : ^ ' that done^they are willed to choofe their Speaker^ who (tho' nomina- ted by the Aings Majefty ) is to be a Member ot that Houfe. Their Eledion being made , he is pre- fented by them to the Ki^g fitting in Parliament. 35. So Sir Thomas Gargrave 1 Eliz, So Chriftopher Wray \\Eliz. So RolertBell i^ Eliz. So John Puckering 17 Eliz, So George Snagg 3 1 Eliz, So EdnK Coke 3 '^^''55 (en, atter a good Pawfe he Hand- 175'. ethup, and ihewcth v\hat Abih- "^''f ^ sir ties are required m a Speaker; and jo^^.^^^^ that there are divers among them v/ellturnifli'd with fuch Qiial'ries, (^c. difibleth himieli,and prayeth a new Choice to be made ,• which is commonly anfwercd with a full Confent of Voices upon his Name. If the Hou(e generally give a ^j^ Teilimony of their Approbation, 4 inft 8. two of the Members (which tor ^'^^^•^'''*'«/^ ihc moft Part were of the Coun- vide sir cil,or chief Officers of the Court) •^•^'^^^f going to tiie Gentleman named , '""'^'^"^ and agreed to be Speaker ^t^kt him from his Place, and lead him unto the Cba'/r (Elfyng fays , take him by the Arms, and lead him to the Chair^ where being fet , they re- turn to their Places. After a while he rifeth, and un- ^ify^s- ^ 5 * K 4 covered, w "55 I, •■■\ 'it » ,36 r ii- C0»t2.ll$* I7S- Sir Simon EleSiion of the Speaker. cover'd, with humble Thanks for their good Opinion of him , pro- mifetli his vviJling Endeavors to do them Service. ^ After he is put into the Chair^ 4 inft.8. ^^^^ j^g ^j^^jj pj,^y them,That with their Favors, he may difible him- felt* to the Kingy that (b tlieir Ex- pedlations may not be deceived. V]d.Torvnf. Then (bmc (and commonly he that firft (pake) puts*' .m in mind of the Day to prelent him, ©c. your pafm £ljy^g, i ^ y So it was done by Sir William Knowls the Controller in the ^3 Eliz, 012.11$. Two or three Days after the Ru^coiL Commons fliall prefcnt the Speaker Smyth's iH the Z/pper Houfe to the King^ commn- y^herc i:e fliall dilable himfclf a- gain to the a //^g^and m molt hum- ble manner fliall intreat the King to command them to choofe a more Sufficient man. Fifyng.t^s \^ v.lie Day appointed, his Ma- vui /«)../. .^^^. ^.^^ingQ^ h^5 Roy^i Throne, and the Lor^/s all in their Robes, the Commons are called in, who be- ' • ing ing betw Obe fent( T Exci fers leth anks for 1 > pro- )rstodo J Chair, lat u'ith >ie him- leir Ex- cised, only he in mind fn, &. one by ntroller ter the Speaker \ hum- 3 King oofe a lis Ma- hrone, ■lobes, ho be- ing EleSlion of the Sfeakgr. 1 07 ing come, the Speaker is brought between two of them , with low Obeyfance to the Bar, and (b pre- ftoted at the Bar to his Majefty. The Speaker fiaving made his Excufe, the Lord Chancellor con- fers with the King^ and then tel- lethhim, that his MajeBy doth approve the Commons Choice^and will not allow of his Excufe. Then the Speaker proceeds to his Speech. But anciently he made firft a Pro-^ teftation ; as you may read in El- fyng.is%i6o. After he Is allowed by the A7;;g,C(». 12.115. tlicn he Ihall make an Oration,and ^*^>f .- inthe Conclufion, (hall pray the 117.' four ufual Petitions. vi. 'smyths The Speakers Speech is what it y^^Jith%o^ plcaftth himfeit (having no Dire- dion at all from the Commom^^^^"^'^^"^ touching the fame) making Peti- tion to the /Ciftg on behalf of the Commons, fome in general words for all their ancient Priviledges , and (bme in particular. The Protejlation of the Speaker I j • r i f f ' •M ■«■ '^. ■I ; ■ i ■ '' i * 1 1 iK ■ '1' i 158 EleSiion of the Speah^r, 4 inJ-8- confifts of three Parts. Firft, That Cfl//4.&54^^^ Commons in this Parliament Rulh.Coli. may have free Speech , as ly Rigfjt Vide El' ^^" ^f Cufiom they have ufedy ani jyni,i64. all their ancient and jufl PrivU ledges and Liberties allow d to them. Secondly , That in am Thing he Jhall deliver in the Name of the Commons (if he Jhall com- mit any Error^ no Fault may k arreted to the Commons^ and that he may refort again to the Commons for declaration of their true In- tent , and that his Error may k pardoned. Thirdly, That as often as necejftty for his Majejlies Service and the Good of the Commonwealth fhall require /he may ly Diredion of the Houfe of Commons Jjave Ac- cefi to his Royal Perfon, Modm tt- ^^""^^ ^^'d^a Fourth, That they Htnd, PiYi, may have Power to Cor red any of 35- their own Members that are Offen- ders, id,<52. And fome make a Y\M\^That the Members., their Servant s^ Chattels^ andGoods ^/eceffary^may be free from all Arr(fis. Tho' 'V- •ft, That 'liament Right ^<^> and Prhh Kv to in am 'tosArgu- his being approv d of by tne>r/;/^);;ient,&?. make it his humble Pl tionto33 have Liberty of Speech 'llow'd the Commons ; from whence Dr. I Hey/iM and Sir Robert fi/wer ^and others inter , That the Commons enjoy tlint liberty by the Kings Grace and Favour : yet they are clearly anivvered by the words that accompany thit humble Peti- tion, he prays That they may he allowed that Freedom^ as of Hliglit and Cuflom they have u^xidand all their ancient, ^i/z^jufl: Priviiedges, ami Liberties So that this from the Speaker is a Petition of Riglit. The Speaker Ix^Vm^^QnAQd his^fe'^^ Oration, the Lord Chancellor con- fers again with the King^^nd makes Anfwer thereunto in ins Majedies Name, granting his RequcftSj&V. That humlJc and modeil: waySir/i.X:- I of the Peoples addreiling to their ^^n^'^^^^" Soveraign, either for the making Laws, i lii )• a ' I C ! I Ik n II I (I I i|.o EleSiion of the Speaker. Laws, which has been very and ent , or for granting Priviiedges rby the Speaker of the Commom) ihews greai: Reverence , and be. comes the Majefty of the Prm lb to be addrcfled to : but let it not be made an Argument, that ei. ther the Laws thereupon made, or the Priviiedges fo allowed, are pre. carious, and meerly of Favour, and may be retufed them. c«.i2.ii$. The Oration being anfwered by 4inft.io. tht Lord Chancellory and his Pe- titions allow'd, the Speaker and the Commons ihall depart to the Houfe of Commons , where the Speaker in the Chair (hall requeft the Commons , That inafmuch as they have chofen him for their Mouth , they would ajjijl him^ and favourably accept his Proceed- ings^ which do proceed out of anun* feigned and fincere Heart to do them fervice. Vide Sir ^^^^ ^^^ Bufinefs in the Houfe s.d'Ewes is ordinarily to read a Bill that 7o*r. 43, was not pafs't in the luft Parlia- "*"*• ment Bni ment Bill, asl on thatl there v( viledgc who ^ ferve ii tained and th him, a and a^ Privile T Retur Kingy Tl ced f y and mmons) nd be. Princt let it that ei. ade, or are pre. >ur, and ^redby lis Pe. er and to the ?re the requeft ^h as their ' him^ roceed' anun* to do Houfe I that arlia- ment Bnfwefi of the SpeaJ^t. 141 went preceeding, or fome new Bill, as in that of 10 Jac, i. But on that Day,before that was done, there was a Motion made for Pri- viledge of Sir Thomas Shirley , who was chofen a Member to ferve in that Parliament^ but de- tained by an Arreft. Upon which a Habeas Corpus was awarded ; and the Serjeant that Arrefted him, and his Yeoman (ent tor, and a Committee for Eledions and Priviledges chofen. CHAP. XIII. ^ufnefs of the Speaker. TH E Mace is not carried be-£/^«^.,jj. fore the Speaker , until his Return, being prefented to the /ri^, and allow'd of. *jf/-. The Speaker fits in a Chatr pla- 35. ced fomewhat high, to be feenandf^l^f* ! f' l\ i: ill 1 i' Modus tt- nend. Pari. Smyth's Common- Tvealth 85, Hakivpet Sir Simon d*Ewss 44. f 142 Bupnej? of the Speaker. heard the better of all : the Ckrh of the IIoHfe fit before him in a low CT Seat, who read Bills, (i)c. The Speakers Office is, when a Bill IS read, as briefly as he may, to declare the Effedls thereof to tlie Houie. Thac Day that the Speaker^ be- ing approved by the Ah/gy cometli I dovv n into the Commons Iloufe to take his Place, the Cullom is, to read tor that time only one Bill left unpaft the laft SeJ/iom, and no more, to give him Se/Jw.as it were, of his Place. I fac. I Sir Edward Philips was cholen Speaker^ and the lamr Day (beijrehewas pref-n^-.d to tlie King) he figned a . rant -h Speaker , by Commas ! of the Houfe, for Ele(9:ion of anotlici Per- Ion in the Place of Sir Francis Ba- con^ being cholen in two Places. Id. 20. A general Order hath uiiially been made in the Beginning of the Sejfwn , to authorize the Speu- Warrants for new Wr'm Scohil 19; glV in Hm in a IS, when he may, lercof to iker, be. > cometli ^/oufe to 111 is, to one Bill , and no it were, Philips the lamr "*n^•d to a rant 3) I of the :hei Per- mcrs Bd- Places. uliially ning of le SpCA- w Writs in Bufineji of the Speaker. i^^ in Cafe of Death of any Member, ox oi double Returns, where the Party makes his Choice openly in the Houfe, during that Seffion, Where fuch general Order isi^W- not made, Writs have iflued by Warrant of the Speaker ^hy Vertue oi Special Order, upon Motion in the Houfe. Oftentimes on the firfl Day oiscohd \Z, the Meeting of the Houfe, as fbon as the Speaker hath been approv'd, and fometime betbre, fuch Perfbns as have been doubly return d, have made their Choice. » 43 EUz. Mr. JolmfoniziA, The^on^^f'^91 Speaker may^ ex Officio , fe^d a^^^' Warrant to the Clerk of the Crown^ who is to certifie the Lord Keeper^ and fo make a new Warrant, T[v^ Speaker {!diA^ That I may ibid- inform you of the Order of the%lf/'' Houfe ^ the Warrant mufl go from Jour. 627. the Speaker to the Clerk of the ^^^'^' Crown, who is to inform the Lord Keeper , and then to make a new Writ, This M W { i' if n if . 1 f ; 144 Bnfinefs of the Speal^r. Ibid. This PropofitionI hold , That s.Jums our Speaker is to be commanded journMi.hy flonc, neither to attend any, ^'•^* but the Queen , per Sir Edmrd Hohhy, socbti 20. The Warrant is to be direfted V^'^IT^'^^ the Clerk of the Crown in Chan- S17. ' cery^ by Order of Parliament i j Vide Sir JSlovemh. 1601. jourj^affm ^^y 1^04. Refblvcd, 77j4^ « That mnded 1 any, Edward lirefted 1 Chan- ^ent I j ^hat m foufe is without Houfe^ PcfTefli. ime be t read , le Title Speaker ueftion ife, he ^hat he rom the ^speaker jflion ; d from the Bpifinefs of the Speaker. 145 the King to adjourn till the tenth c/'M^rchj and to put no Que fl ion ; and endeavouring to go out of the Chair, was notwithltanding held by iomc Members ( the Houie forefeeing a Diflolution) till a Proi'cftation was publilh'd. When the Queen made an -^n-^,^^ . .. i'wer to the Speakers Speech , he , 255. with die whole Houie fell upon^^'^j^ ^'^ their Knees, and lb continued, till y^^^^^.^jp. Ihcbid them ftand up. coi.1,2. 3^ Eliz. Mr. Speaker was (cht ^''^'^r^'''^- for to the Court, where the Queens Majefty her ielf gave him Com- mandment what to deliver to the Houlc. The Speaker comm'aadcd upon id 6^, his Allegiance not to read any Bills touching Matters (jf State or Rdormatiofi in Caules Ecclefi- aftical. 16 Car. r. 1640. Apr. 16. The AA/Scci/- S^ieaker xQCii'iXcA Command from'*^'' tiic Kinq^Jhat his MajeH'ies Speech (Imd he Entred in the Journal of the Commons Houfe of Parliament : L where- ^ m ■\ 'jt> . I il ^'W \ \ . \ ■ ■' yi.i %. 146 Id. II 57- !.« Bufimfi of the SpeaJ^r. whereupon the Houfe pafled a de- clarative Vote , That they did mt expetl that this fhoud be perform- ed hy other Speakers, hut upon tk like [fecial Command^ or hy the Or- der of the Houfe. Eodem^ Refolvcd, That it wma Breach of Priviledge of the Houjt for the Speaker not to obey the Com- mands of the Houfe ; and that it appeared the Speaker did Adjourn the Houic by the Command of tlie King^ without the Content of tiic Houle, which is alfb a Breach of the Priviledge ; it was therefore ordered that this Ihould be prefen- ted to his Majelly. scohti 65. I Jac. i'. 1603. Ordered, 7to i-'tfvf's j^ jhoud he precisely regifhea di the Judgment of the Houje^ that m Speaker from henceforth flwudJ^' liver a Bill ^ ivhereof the Hou]( (lands poffeffed^ to any ivhomfoeier^ without allowance and leave : lut that he had Power^ and mi^ht either fbew it ^ or deliver a Cof) (^/f it Jeems meet to him.^: •But Mijlel T ^ d ade. did not perform- tpon tk the Or- it was a e Houjt be Com' i that it Adjourn id of tlie t of tiic reach of therefore e prefen- red, That Tjjhed di ?, thatm (])oud Je- be Houji omfoeier^ ive : lilt ^d mi^ht ' a Cof) Bufineji of the SpeaJ^r. \ 4 7 But yet it was admitted , that a '^M*- Copy may be delivered, or.it may be ihewed to his Majefty. If upon Divifion of the Hou(e^4^^*^ it appear tliat the Members arc'"^^' equal ,• the Speaker hath aluays the Carting Voice upon all Qjie- ftions. 44 Eliz. Upon the Quefl:ion,nw»/:32i, Whether Mr, Speaker had a Voice. 5"- . Itwasfaid by Sir Walter Raleigh s.d'Eron (and confirmed by the Speaker J<^^^^'^^i' himlelf ) That the Speaker is fore- clofed of his Voice .^ hy taking of that flace^ which it had pie afed them to impofe upon him^ and that he was to he indifferent to both Parties. He was (econded by Mr. Secretary Cecil. The Speaker hath no Voice in^'^C'VAfi. theHou(e,nor will they buffer him ^^^^;,»s to fpeak in any Bill, to move, ox Common- diiTwade it. TvuUh B6. L3 C HA P. 1 t ^:1 ! i ^ M I 'I M [1 111 148 CHAP. XIV. Order to be objerved in the Houfe. m TowHf.$^ ' I "- H E Litany is read the firft J. Tiling, after the Speaker is fet ill the Chair. So agreed upon the Motion of Mr. Speaker 1 3 £. liz, 1571. scobde. \Vhen the Speaker is (et in his Chair ^ every Member is to lit in his Place, with his Head cover- ed. No Mcinber in coming into the Houle, or in removing trom his I^lace, is to pais between the Spea- ker^ and any Member then {peak- ing ,• nor may crofs, or go over- thwart the Houlc^or pals irom one fide to tlie otl^er, while the Houfe is fitting. 23 E!iz, On onnia( troUer and a Houfe, Reftdui fort of fing of forth i Revert ahout 1 make a and n throng No Houie to ren tlier w on hi? movir his PI 'A Houfe til he W man per ed in the firft eaker is ed upon 13 £. t in his fit in cover- intothe 'om his lie Spea- 1 fpcak- ,0 over- 'oin one c Houie 13 £!k. Order to be obfern/ed^Zcz. 1 49 23 Eliz. 1^80. Upon a Moti-Sir^/wa on made by Sir James Croft Coti- jour282. troUerof lier Majefties Hou(hold,<-ol. 2. and allowed of by the whole Houfe, That Mr, Speaker a f?r/ the Refidue of the Houfe of the letter fort of Callings Jo a/way at the r/- fing of the Houfe depart ^ and come forth in comly and civil fort. for the Reverence of the' Houf^^ in turning ahout with a low Courtefie^ as they make at their coming into the Houje^ and not unfeemly to thrufl , and throng out. No Member is to come into the ^fo/^?/ 5. Houie with his Head covered, nor to remove from one Place to ano- ther with his Hat on, nor is to put on his Hat in coming in, or re- moving, until he be let down in his Place^ ^9 Eliz, None to enter the^»^«Ao'» Houie with his Spurs on ; nor un- vid sir s. til he pay the Serjeant's Fees. (CEwes While the Houie is fitting , nolZ. 5^^^- man ought to ipeak or whil- coi. i. per to another , to the end the 1. ^ Houfe w I' ■■% J..I i /' t t ' .'.S' '^' J I -I 1":'' '* 1^ Col. I. Ibid. • 1 50 Or^^er f6> ^^ ohfer*z/ed ScM6. Houfe may not be ''iiiterrupced d'Ewes ^N iicn any are Ipeaking ; but eve- 3^ourn./^2']. ly one IS to attend unto what is ipoken ; in which Caie Penalties have been impofed. When any Member intends to fpeak, he is to (land up in his Place uncover'd, and adc'refs him- (ek to the Speaker ; who ufually calls fuch Perfonby his Name,that the Houfe may take notice who it , is that (peaks. 7orvnf.co'i. Mr. DowncU going about to "^'^ fpeak about a bill, the Speaker interrupted him, and arofe, with- out further liearing him , which lie took in great Dil^n'ace,and told hi in, He would complain ofbimtk >ie.\i Sitting. n^rnf.cr>iL Yi any man in this Houfe fpeak ^ ' wifely, we do him great wrong to interrupt him ; ifloolifhly, letiis hear him out, we iliali have the more Caule to tax him, per Secre- vid^sir^. if more than one liana up at (tEms Q^^^ ^i^Q speaker is to determine ^Z"^^^- ^ who Coi.1,2. ^^^^^ ^I^l /ed 'rupred, )ut eve- what is Penalties tends to 3 in his 'eft him- ) ufually ame,that :e who it xbout to Speakt fe, with- 1 , which ;,and told tfhimtk lie fpeak ^vrongto ly, let us have the )er Secre- id up at letermine who «5« in the Honfe. who was firft up ; and he is to fpeak, and the other fit down, un- lels he, who was firft up, fit down again, and give way to the other ; or that Ibme other Member ftand up, and acquaint the Hou(e, that another was up before him, w^hom i\\t Speaker calls^and the Houfe ad- judge It fo. \Vhile one is Ijxaking, none-elfe ibid, is to fland up, or interrupt him , via.tflw;/ until he have done ipeaking , and ^ ''^^■' be fet dou n, and then the other may riie up and Ipeak, obierving the Rules. II Junij 1604. It was agreed ihjd. for an Order, That ivhen 3Ir^])c^' h^r Jefires to/peak^ he ought to he heard without interruption^ if the Houje he filent^ and not in Dijpute. When the Speaker ftands up , ibid, the Member ftanding up , ought to fit down. 27 April 1604. Agreed for OiScobd^. Rule, 7%at if any Quefiion he up- on a Bill , the Speaker is to explain ; lut mt to fway the L 4 I/oufe I , \ ; \i !!r m < I 152 Scobel 8. Vide Sir S. d'Enns Ibid Order to be obfer*vecl Houfe with Arguments or Dh fpHte. .J ''juni'] 1604. .4 greed lor an Order, Ihat vohojiwver h/jfeth^ or jour. 535. flijhirheth any man in his Speech , Col. 1.640.^^ coughing, jpitting^&LQ, pall nn-^ jwer it at the Bar. 7 Maij 1607. Ordered upon the Qiieflion, That in going forth^ no 7nan Jhall Jtir^ until A/r>)^c[ik^Y do arije and go before , and then all the reft to follow after him. He, w ho firft (lands up to Ipcak, he lliall fiiil (peak, without any g^ Di/]erence of Perlons. II: in Debate w ords be let tall , that give Oilenee , Exceptions ihoLi'd be taken the ianie day, and beioie (uch Member go out oftiie Houle : or he, who is olTended, iiLiy move, that (iich Peribn may iiot go out of the Houfe till he iiarh given Satisfaction in what v\as by him fpoken. And in liich Cale , atter the prelent Debate is over, the words mud be repeated by the Perfbn excep- ting: Co. I 2.115'. Smith\ Cn-fimon- :> :. i> '. 2i on ; '53 m the H^HJe. ting : and in cafe he defire, or tlie Houle command him , he is to ex- plain himleli, (landing in his Place; which it he refufe to do , or the' Houie be not fatisfy'd with (iich Explanation, then lie is to with- draw. 43 Bliz: 1601. It v\c.s faid hy r.^^^^^oU. Secretary Cecil , Jj any that fit 199- Mxt the Door , he Jefirom to fit ^1^^ ^'^ / I • / • /A • Simon. next the Chatr^ to give his Opini'^ d^E-a^es on ; I mil not only give him my Jnur-^io. Place^ hut thank him to take my Charge : We that fit here. take your Favours out of Court efie^ not out of Duty. Tho' Freedom of Speech ands^p/??/?:. Debates be an undoubted Privi- ledge of the Houle, yet whatfbe- ver is (poJtfCoK. the Names oi the Anights fiitizem and Burgefjes w ere read and de- clared to the Clerk of the Crown , and entred in his Book ^ tliey en- tred into the Hou(e. The 5« I-! r-' ■( \\ 1154 Order to* he ohfer^jed jbid. The Houle being fet , the Earl V^d'^ls of Derby, High Steward tor this jour.pafm Parliament, came into die Houfe to take tlieir Oaths. Ail being removed into the Court of Requefls^ the Lord High Steward fitting at the Door, call'd the Knights and Burgejfes of every County, accord- ing CO the Letters ot their Names in the Alphabet. Alphabetically every one ?n(wered , as he was caird, and hav^n^ anlwer'd , de- parted thence to tiic Parliament Hoiije Door , and there took the Oath of Supremacy, given him by one ot the (Queens Privy Couniel ler.s. TdvnfColi. The Fee for cntring his Name ^'* into the Serjeant's Book is Two ihiiiingSjthc Rewards to the Door- Kccpcrs, Three Ihillings and eight pence, the. Ffe for returning the indenrure, Tvvolliillings. Id.aso /i^^r. 7. 1588. 31 Eliz. This Day tlie Houle was call'd over, and all thofe that did then fit in the Houfe/and were prelent at the cal- ling and they 3 the ed ;'ie Earl or this Houfe being tting at hts and accord- Names cticaliy le was y , de- liament ^ok the iiim by ^ounlcl Name is Two I Door- d eight ng the This 'cr, and in the he cal- ling r '55 in the Honfe. Jing of tlie fame , did thereupon leveraliy anlvver to their Names , and departed out of the Houfe, as they were called, ^lEiiz. 1588. By Confent of f ^'> '^ the Houfe (upon the motion oi Sir ji^ur.^:^2, Edward Hohhy^ admonition v\as<^<^i'2. given by Mr. Speaker That Speech- es ufed in this Houje hy ji-" Mem- lers of the jame^ he not any of i, hem made or ufed as Table tolk^ or in any ivife delivered in Notes ofivri- ting to any per/on or perfens ivhat^ fcever^ not being Members of this Houjc^ for that they are the Com- mon-Comicel of the Realm. CHAP. M V ^ I ,56 ■tl . Hi V ■'i CHAP. XV. Orders of the Houfe. Scobd 32. 2, ji^^j^j A Member fpeaking , 1610. /\ and his Speech/eem- ing impertinent, and there being • much hiiring and (pitting, it was conceived tor a Rule, 7kit Mr. Speaker may Jtay impertimnt Speeches, 1 8 Ma}j 1 604. It u as Relbh^ed, That eight ingrojfed Bills jhoiild he read the nest day^ half an hour af- ter eight. The next day about that lime, a Member entring in- to a iijpg Difcourfc, De merk Fi- de^ & Jold Fide , ©f . was inter- rupted; and the Qjieftion offered, Whether he Jhoud go on^ in refpe^ of the Order. J3ut it was agreed tor a Rule , That if any man f peak not Ibid. '57 fe. iking , i/eem- being it was Jt Mr. rthient (blved, oulcl he our af" about ing in- ra Fi- inter- ffercd, rejpe^ igrccd ' fpeak mt Orders of the Honfe. not to the Matter in Queftion^ the Speaker is to moderate. April 1604. He that digreflethMem 3i. from the Matter, to fall upon thti'^l^'^^l' Perlon, ought to be fiipprefled by the Speaker, 17 April 1604. If any fijper-ibid. fluous Motion or tedious Speech be offer 'd in the Houfe, the Party is to be direded , and order'd by tlie Speaker. No reviling or nipping words '5''»^''/^'s muftbe ufed , for then all thc^g., Houfe will cry , It is againfi the 8^. Order. And if any fpeak unreve- rently or (editioufly againft the Prince., or the Privy Council ^ I have (een them not only interrup- ted, but it hath been moved after to the Houfe, and they have fent them to the Tower. If any man fpeak impertinent- s^o^e/ 35. ly, or befide the QuelHon in hand, it Hands with the Orders of the Houfe , for Mr. Speaker to inter- rupt him,and to know the Plcafure of the Houfe, VI hether they will further hear him. 24 Jan. ! '\ I'ifl i I it ■'*■ 1^8 Orders of the Hon fa. ld.31. ^:\JaH. x; Elh. Mr. Carleton y^;,^7 ^^' endeavouring tolpeak contrary to Jour. 234. the Senfe oF ^\^ ^Iou(e, was inter- rupted ; and ' ''erlng to {peak a- gain, urging it was ior the Liber- ty ot" t':-. Hou'.c ; the Speaker and the Houle did Hay liini. Id. 2\, When a Motion lias been made, th.e ianie may not be put to the Q^iielliop, until it be debated,orat leall hare been {eccnded by one or more Perlons llandmg np in their Places : and then tlie lame may be pur to the Quellionjii the Que- flion be call'd tor l)y the Houie , or their ^eneKil vScnle be know n ; which the Speaker is to oemand , unkis an\' Member iland up to ipeak. Ibid. When a Morion has been made th^': Matter mull receive a Dctcr- minatioii by die Qj-ieltu^n, or be laid afide by the general Senle of the Houie , beiore another be en- terrain^. Ibid. 28 June 160.J. A Motion be- ing made , another interpolcd a Speech inifvi 'CirletoH rary to s intcr- :cak a- ■ Liber- ('cT and 1 made, to the xl,or at ' one or ill tlieir ic may Fiouic , noun ; ;mand , up to 1 made Dctcr- or be enlc of jc en- ivA be- )ial a Speech Orders of the Honfe. 2$P Speech tending to another Bufi- nels : but it w as 'dnlwer'cl , That there was no precedent for that Speech to he ujed^ before the other Motion^ which was made before^ had received an Anfwer , and an End. And the Houle did accordingly de- termine t!ie firft Motion in tlic firft Place. :\ Dec. 1640. Ordered, That scobil 22: till the Bujinefi in Agitation be endcdy no new Motion of any new Matter fhall be made iv 'fhout leave of the Hoyfe, If tlic Matter moved do receive vu. a Debate fro & contra^ in tliat Debate none may Ipeak more than once to the Matter : and after (bmc Time Ipent in that Debate , thQ Speaker col!ed:ing the Senie of the Houie upon the Debate , is to reduce the lame into a Qiieftion, which he is to propound , to the end the Houle in their Debate af- terward may be kept to the Mat- ter of the Qiiclllon, if tlie fame be appi'oved [)y the Hou(e to con- •w-r f 1?! 'h i M . ,1*/ .' ,1 I • ' 1 \ ; ' ■■ H 1 ■ '^ 1 1' ^ 4R ■' j-*niBplU Ibid. 1^0 Orders of the Honfe. contain the Subflance ot the for« mer Debate. Aiicr (uch Qiicilion is ])ro. pounded, any Member may olfe; liis Keatons againft tliat C^cli on in A hole, or in part ; which may be laid afide by a general Coiilcnt ofthcHouie, without a iicllion put. scoheiii. [5^it: without fiich general Con. \ fent, no part oi the (,>i)ell;oii pro- pounded may be laid allde , or o- nntted : and tho" tlie general De- bate^i run agamfl. it , }er it any Member betore the Quelbion put (without ch?it part) iland up, and dcfire tliat fiich VVords or Claulc may (land in the Qiieftion, before the main Qiiellion isput : a Quc- (lion is to be put, Wlwther thojt Worrls^ or CLmje jhall jLind in tk Quejhoyi ^^^^' The like Method is oblcrvcd when any other Alteration is de- bated upon, to l)e made in a Qlic- flion propounded : l)Ut upon pur- ting a Qiiellion forlueh Addition, Alie. fe. the for. 1 is w^ 1 •y oTe; 1 iu<^H on ! :li may ^0 iilent ^IC 'ftion i^i Con. I on pro- , or 0- ral De- : it any ion put .jp, and Clauic before a Que- / /// tk blcmcd 1 is dc- a Qlic- 3n pur- Idiiion, Orders of the Houfe, t (5 s Alteration, or Omiffion, any Pei - (on, \\ ho hath formerly fpoken to the Matter of the Queliion , may Ipcak again , to ihcvv liis Rcafons for, or againft (iich Alteration, Ad- dition, or Omiftion , before fucU Qndlion be put. Wlien the Speaker (the Houfe ji^j^^ calling for a Queflion) is putting ti]e lame, any Member that hatli nut (poken before to the Matter , may Hand up before the Negative be put. i^ Junij 1604 A Bill touching i^^i^^ a Subfidie ot Tumage and Pom- duge having been formerly upon a third Reading recommitted , was return d : and a Frovifo being ten- dred for Chejler^ whicii was tu'ice read, the Queftion was put for Commitment, in the Aflirmative : but before the Negative was put , one flood up , and fpoke to it , which was admitted for orderly , bccauic it is no full Queftion w ith- out the Negative part be put , as well as the Affirmative. M Fvery : ^ '■ )| \) 1 1 ''' 1 1 ^y ,' u i^' 1 62 Orders of the Honfe. iti.24. Every Queflion is to be put firft • in tne Affirmative, and then the Negative: to wliicli queftion every Member ought to give his Vote one w ay or otiier : and the Speaker is to declare his Opinion, whether the Teas or the Nos have it; which is to Hand as the Judgment of- the Houic. Dut if any Mem- ber, before any new Motion made, ihall Hand up and declare, thathe dotli believe that the Teas^ or the No\s (as the Cafe fliall be) have it, contrary to the Speaker s Opinion, then the Speaker is to give Dirc- d:ion tor the Houic to divide, de- claring whether the Tea's or the Nos are to go forth. !d..2$. Upon the dividing of the Houle, thoie are to go forth, u ho are for varying from, or againfl: the con- llant Orders of the Houle ( as, that a Queftion fliall not be put, or not be now put ; it being the Courfc of the Houfe, that after a Debate the fame ihou'd be deter- mined by a Queftion, or the like) or ■iottfe. > be put firft d then the .{lion every his Vote one e Speaker is 3n, whether o's have it; le Judgment ■any Mem- [ lotion made, lare, that he Teas^ or the I be) have it, ?rs Opinion, lo give Dire- D divide, de- 7eas or tlie oftheHoufe, , who are for linft the con- Houfe (as, not be put, it being the that after a I'd be deter- t or the like) or Orders ofi'he Houf:. i ^a or againfl: any pofitive Order made by tiie Houfe ,• or for the parting nny new thing, as reading a Peti- tion, or Bill, and committing, in- grolling, or palling iiich Bills, or the like. Thoie tliat are for the new Biljii 52. (if there be a Qiiellion or \'o:ces) ihall go out 01 the lioLiic; and thofe who areagainiithe [i:Jl, 'mdl'^^^-^^l';^ for the Common Law jor any ior-^'£a:;v mer Law , ihall fit ilill in thejT' ^^^^ Houle, for they are in Poficilion oivilcnntrM. the old Law. That in 1 604. thole '^^''^'^ 43- tcr die Bill late, and t'nolc a^ainit It went out. So 7 Ai4g.ib.\], 10 Dec. 1(^40. It was declared ^*^' -'•■'• '^'-^ for a conftant \lu\c,nat thojc that '^^'^^'''^ give their I'otes for ?refervat':on^\^\^'^\'i of the Orders of the Ilonje Ihall jl ay Y^''^'' * tn'y andthoje who give their I otes othenvife , to the introrluchig any new Matter^ or for any Alteration^ jhallgo forth. 14 Mart, Li 7jcM5,TlieHoufeff^;^f;;'^^^> being divided upon a Qiicllion a- bout £lc<5tion of Memltrs : it was ut jup-i M over 'I 1*1 ^r ' ? '{- I I 6a. rclen of the Hohfe, (jvcr-rulccl by the Houlc, that the Ibid. M 2 5. ibid. id i?. Noes Iho' \! y) tortli, T!ii-s isdllo the Courtc upon any Quell ioM to agree w ith a Report ill lavour ol: the Opinion of a Co^yiniiiiec. Upon dividing the Houfe, the Speaker '\s to nominate tuo of thofe that are in the Affirmative, and two or'tiie Negatives^to count the Houfe ; which lour (each of theiii having a Stall in lu.s Hand) are lo count the r.umber oi the Perions u ho remain fitting in tlie Houie: and then to {land within rlie Door, two on the one fide, and two on the other, and to count tlie Number oi: them who w cnt lorth, as they come in. While the Houie is thus divi- ded, or dividing, no Member may ipeak.noi ( unleis it be to go forth upon the Divifron) remove out ot Ills Place. When the Houfe is thus told, tlioie tw o of tlie Tellers, who are of the number of tholu who have the It the )nany Report of a , the vo of ative, p count ach of Hand) oi the in the within du, and ) count K) w cnt \s divi- der may io forth ; out ot s told, vho are 10 have the Orders of the Houfe. 1 6 ^ ih^ major Votes, ftanding on the right hand, and the two other on the lett hand at the Bar ( the red being all let in their Places) arc to come Iroin tlicnce up to the Ta- ble together ( making the ulual Obcvlance to the Houlc three times ; once at the Bar , again in the middle of the Hou{e,and again when tiicy are come to the Table} and that Perfon who flands on the right hand ., is to declare to the Speaker the number of the Teas (who iat, or went out, as the Cafe is) and of the AVj ; and then with like Reverence to depart into their Places,- ;ifter wdiich, Mr. Speaker is to rcjiort the fame to the Houle. If rhc Affirmative have the ma- jor Vote by tlie judgment of thc^'^'^' Spe.iker^ or (in ca(e o\ Di\'ilion ) upon the Dividoii ; the Clerk is to entLT the \\)re, Refolvcrl. 11 the Wgativ'js, then he is to enter it thus— yfc (^H'UfO}} /'C/J/, in the Negative , tiicn the other Quellion n.ay b-e put, if dc'fired: neverthelcis nny Per (on may Ipenk to itag.iin, i e- b)rc it be put. If in the AjTirnM- rive, t!ien it is to be put without •wy Addition or Alteration, ns br> M \ ore : i;^ ^ \ i f -.1 I < ill ' 'tS rinl!' I ($8 Jd.29. 4!)id Orders of the Houfe. fore: and after the Queflion is put, if any Member move to have the other Qiieftion put, ever} one hath leave to (peak to it again, as if it uere a new Quellion. If a Matter be received into De- bate, and a Queftion grow , u he. ther the Hou(e iliall proceed in that Debate at this time , and it fall out, that the Houfe be divi- ded ; in fuch Ca(e the No\ arc to go forth (it being contrary to the courfe of the Houle, that any Bufinefs fliou d be laid afidc till it be determined by a Queflion ) if the Queflion be ^br an Adjourn- ment of a Debate, the leas are to go forth upon the fame ReaPjn. After a Qiieflion is propounded, no man may Ipeak more than once to the Matter ; but having ipokcn to the Matter, when the Qiicllion comes to be put, he may fpeak to the manner or words of the Que- flion, keeping himfelf to that on- ly , and not ravelling into the me- rits of it. If ife. flion is to have <^^0 one gam, as nto De. )ceccl in and it )e divi- ^o's arc raiy to lat any c till It !oii ) If djourn. ^a*s arc leapju. mndcd, m once ibokcn ;Jdliori ^ak to .^ Que- at on- he nic- If r Orrffrx ^/'/fce Hi?///?. i Sp If a Queftion upon a Debate '^^^* contain more I'arts than one, and Members (eem to be tor one Part, and not for the other ; it may be moved, that the lame may be di- vided into two, or more Qucili- ons : as Dec i, 1640. the Debate about the Election oi tu o Knights was divided into tao Qiieftions. No Member in liisDilcourfe inW^o. the Houfe may mention the Name^^^.^, oi any other iVLember then prt'Conimnn- fait, but to dcicribc him by his'*^^'^^^®'-^' Title or Addition (as that Nol/e Lord, that worthy Ku'hjht ; or by his Office, as "jiAdgc^ Serjeant.^ Gen- tkman of the lini[i^ or thort Rohe ,* or by his Place, as the Gent lew an near the Cha'n\Hear the Bar^ on the other fide ; or that Gentleman that [pake laft^ or lafl fave one^ or the like.) During any Debate any Mem- ,,^.^^^.^^,^ ber, tho' he have ipokento tke/zt/w/^r. 50. Matter, may riieup, and (peak to the Ordeis of the Houfe, if tliey be ti-anigrciledjin Cale the Speaker do ;l I \ IMAGE EVALUATION TEST TARGET (MT-3) .AV^^. 1.0 I.I Ui 1^ in 2.2 US iM 111112.0 1.8 L25 i 1.4 i 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. US80 (716) •72-4303 ;fi- 170 Order f of the Houfe, do not : but if the Speaker Hand uf), he is (i: ft to be heard^and when ' he flanc!^^ up, the other mud ft dovvn, tiJI the Speaker fit down. Ibid s.: 51. But if any Perlon rile up to i'»Ciikto the Orders ot the Houfc JA trie midil ot a Debate, lie muft keep \viihin that Line, and not fall into the Mcit icr it felt : if he do,he may be taken doun by the SpCi,i- ker^ or any other Member, calling to the Orders oi tlie Houfe. Id. 51. Wliile a Member is 1 peaking t(^ yidr«w«r.a Debate or Queftion, he is to be heard out, and not taken aowii, unlefs by Mr. Speaker (as in fome Caies he may) or that he Ipeak 01 facli Matter as tlie Houle doth not think fit to admit. ^^^orhis \ Matter upon Debate having 35. been once finally determined by a Qiieilion, ought not to be again brought into Oifpute. Ibid. ^7 Martij 1604. Sir Edwari Coke Attorny General , and Dr. Hone bring a Mellage from tlie ie^r^yjdefinng a Conterencc about the the Upoij that upon] 7her '^er (land tnd when muft fit : down, ie up to le Houfc lie mud 1 not fall he dojhe :ie S/)c^i- *, calling e. aking t(^ ' is to be 1 down, in fome (peak oi" doth not having ed by a Pe again EJwari md Dr. om the :c about the Orders of the Houfc. j 7 1 rhe Cafe of Sir Franch GooJwyn. ^^^^ '^^s I • jv^ n^ -^ J Argument Upon this Medage it was argued, at targe in That novo the 'judgment having"^^^ ^P^^- p^ft the Houfe^ it could not , nor ^^' ouiht to he reverfed hy them : and upon the Queftion it was rclolv'd, There jhoud le no Conference. I Apr. 1604. A Vote having ^^"^* pafled Ibme days pall , 7 kit no Conference p: Olid le admitted with the Lords J the lame Qjjeftion was again moved , but was carried in the Negative. And it was then urged tor a Rule, That a Qjieftion hmng been once made, and carried hi the Affirmative^ or Negative , (iwnot he queJHoned again ^ hut muji jhnd as the Judgment of the Houfe. ^Jun'/j 1604. Agreed for akl.45. Rule, If two jland up to jpeak 'to a Bill^ he that would fpeak againfi \ the Bill {if it he known hy Demand or otherwije^ is to hefirfl heard, II Nov. 1640. It is declared , Td. 5?. as a conftant Order of the Houie, That if a Witneji le brought to the 1. ! Si t; ii ?d.7o. Ed.7f. 172 Orders of the Houfe. Houfe^ the Houfe fitting , the Bat is to he clovon ; othenvife , if tht Houfe he in a Committee, In a Debate about an Eled:ion,it was Refolved, That the Party con- cern'd fliall be heard to inform the Houfe , and then he is to go forth. When any Complaint is made againft a Member, or Exceptions taken to any thing fpoken by hiin (after lie hath been heard to ex- plain himfelf, it he defire, or the Houfe command it, which is ulii- ally done by him (landing in his Place) if the Houfe be not fatif- fied, but fall into Debate thereof, (iich Member is to withdraw. TomfX'oii. The Members of the lower ^''* Houfe came to the Lords ^ upon a Conference, as they w ere fitting at tht Table, and going to the up- per end tlicreof, fpake. When any Bills or Meflagcs are brought from the lower Houfe to Jour.s%$. be preientedto the upper Houfe ^ xixt Lord Keeper^ and tljc reffof the Lords ^YQ to ri(c from their Places, and Vide Sir ihe Bat 'f tk kd:ionjit ^rty con. orm the I go fortli. I IS made ^ceptions to ex- or tlie h is ulii. in his not fatif. thereof, ra'vv. le lower ', upon 3 :3 fitting > the up- age.'; are ioufe to HoMJe , fl of tl:e f ^'laccs, and Orders of the Ihnfe. ij^ and to go down to the Bar, there io meet (iich as come from the lower Houfe^ and from them to receive in that Place their Mella- ges or Bills. But when any Anfvver is to be ibid delivered by the Lord Keeper in the name and behalf of the Houfe, tofuch Knights and Burgejfes as come from the lower Houje^ the faid Knights and Burgejfes are to receive the fame, {landing toward the lower end of the Houfe^and the Lord Keeper is to deliver the fame with his Head covered, and all the Lords are to keep their Places. In the Anfvver of the Commons MmorirU, Houfe of Parliament to K. 'James ''^ /'"/'^^ hisObjedion in Sir Francis Good- ivps Cafe (3 Jpr, 1 60^.') the Ob- jedion being, That they refufe Con- ference with the Lords. Tlie An- iiver is in thefe words, Concerning our refufing Conference with the Lords ; there was none defxred^ till after our Sentence pajfed : and then m thought , that in a matter pri- njate f ml'' H P'M I '74 Pdfmg of Bills. vate to our own Houfe (^ which L Rules of Order might not he hy us revoked^ we might without am Imputation refufe to concur. C H A P- XVI. Tajjing of "Bills. Torvnf.CoU. A-i^ EHz, 20^. ^ ' W: Ccol^ 12. 115. Hile there were 1 601. V V divers Difputesa- bout a hiW.Mx. Fleming the Queens Solicitor took the Bill to look a word in it ; alter he had done, and kid it on the Board, one flood up and faid , Mr. Speaker, after a Bill is iffgrojffed^ you ought to hold it in your hand ^ and let no man look into it ; v\ hich was confefTed' by all. And lo the Speaker took it- When a Bill is read, the Speaker doth open the Parts of the Bill ; lb that each Member of the Houie may hich ly ^ iy us \out anj p were putes a- J Queens look a )ne, and tood up after a ' to hold no man onfeffed' \er took Speaker liill ; (b Hoiiie may 75 ''^'v? of Bills. may underltand the Intention of each Part of the Bill. Such Bills, as being firft pailed ff^kswi in one Houfe, are (ent unto the o- '^'** ther, are alway {ent in Parchment fairly ingroded. Publick Bills are in due c^mrfe i^'^- to be preferred in reading and paf^ «i2.ii^. ling beiore private: and ol: Pubhck, fucli as concern tjie Service of God and Good of the Church. Se- condly, fuch as concern the Com- monwealth . in which are inclu- ded fuch as touch the Per(6n, Re- venue, or Houlhold of the King , Queen ^^c. and they ought eipeci- ally to be preferred in palling. Laitly, private Bills are to be ot- fer'd to be read, and pa/led in fuch Order as they were preferred.And nwnf.coiL they that carry them, to give fome 270- brief Commendation of them. Any Member of the Houle may ^'^obd 40. offer a Bill for publick Good, ex- cept it be for impofing a Tax : wliich is not to be done , but by Order of the Houfe firfl had. If ^i 1 1? b' »■ '■"', ■II y^H, ■'. :+ h > ' ;n iy6 Ibid. Faffing of Bills. If any Member defire , that an Ad: made, and in force, may be repealed or altered, he is firft to move the Houfe in it, and i^ave their Refolut:on, before any Biii to that pur pole may be offer'd ; and if upon the Realons Ihew'd , lor repealing or altering fiich Law , theHoule fliall tlunk it fit,they do ufually appoint one or more of the Members to bring in a Bill for that purpoic. Townf.colL All men of Law know , that a *^^' Bill, which is only cxpofitory to expound the Common Law, doth enad; nothing, neither is any Pro' vifo good therein. But the Speaker is not precife- ]y bound to any of thele Rules , for tixC preferring of Bills to be read or palled ; but is left to his own good Difcretion (except he be fpeciall) direfted by tiie Houfe* to the contrary^ and tho' he be earnelily pref .1 by theHoufefor the reading f lome one Bill; yet li he have ; . : had convenient time that an nay be firftto iJ liave Bill to ; and 'd , for Law, they do nore of BiU for that a itory to iw, doth ^y Pro- precife. Rules , Is to be t to his cept he ^ Houfe* ' he be oufe for »ilJ ; yet ivenient time Taffi9Jg of Bills, 177 time to read the fame over, and to make a Breviat thereof for his own memory,' tht Speaker dotli claim a Priviledge to defer the Reading thereof to (bme other time. The Clerk being ufiially dired:^ rnkjivii ed by the Speaker (but fonietime '^^ bytheHoule) what Bill to read, with a loud and diftind: Voice firft reads the Title of the Bill,and then, after a little Pawfe, the Bill it (elf ; which done, kifling his Hand , he delivereth the fame to the Speal^r ; who ftandeth up uncover'd (wffire- as otherwife he fitteth with his Hat on) and holding the Bill in his Hand, faith, This Bill is thus /»* tituled^ and then readeth the Ti* tie J which done , he openeth to the Houfe the Subftance of the Bill, which he doth , either truft* ing to his memory, or ufing the help, or altogether the reading of his Breviat , which is filed to the 11. Sometimes reading the Bill it ^""^^"V^K o .. .- 157. vide N leIr,5fd&W42. I ■" ^li! I V:': r ' -HI u ■ iV!: *J •'--■■; ! S^ .78 Id.133. Id.198. Paffing of Bills. felf, efpecially upon the Paffage of a Bill, when it hath been much alter'd by the Committees , fo that thereby it differeth very much from the Breviat. When he hath open'd the EfTefl of tlie Bill, he declareth to the Houie, That it is the fir H Reading of the Bi/Z^^nd delivereth the lame again to the Clerk. The Bill Containing the Kin^s ^^^/^^^"^' General Pardon hath but one Rea- 126 * 'ding in the Lor J s Houfe^and om \tde Sir below : the Realbn is, becaufe the journ.gr SuK^fed: muft take it as the /{hg C0I.2. vvill give it, without any Altera- tion ; and yet many times Excep- tions are taken at the Reading thereof, for that it is not ib fa- vourable as in former times. fiaker^Ab. The like of a Bill of Subfidies granted by the Clergy, Id, 1 39. Theufual Courle is to fpend the Morning , before the Houfe grow fiill, in the firflReaduigs, and to defer the fecond or third Reading till the Houfe grow ftiU. No It IS the Paffage ;n much To that ^ much le Effefl to the Reading he (ame le Kin^^ >tie Rea- ,and one ^aufe the :hc King Altera. Excep. Reading : (b fa- cs. fubfidies o fpend Houfe jadkigs, )r third V full. No Faffing of Bilk. % jp No Knight^ Citizen^ or Burgefi^^o.yi. 1 1^, ought to Ipeak above once to one Bill in one day, unlefs (bmetime by way of Explication. At the firft Reading of the Bill, Haki-A>d it is not the Courie for any man 139. to fpeak to it, but rather to con- fiderofit, and. to take time till the fccond Reading : unlds it car- ry matter of apparent hurt to the Commonwealth^ and lb to be re- jected. Nor for any Addition , for i^^^^- thereby it is iniply'd tliat the lio- dy of the Bill is good, which till the (econd Reading, doth not re- gularly come to the Trial. If any Bill originally begun in^ ,^,j. the Corrtmom Haufe^ upon the firft Scohn 42. Reading happen to be debated to and fro, and that upon the De- bate, the Houfe do call for the Queftion ; it ought to be, not Whether the Bill Jhall le read the [econd time (for lb it ought to be in ordinary Courie ) but whether it p^all he reje^ed. N r ti )?■ f WT m ■M ! % W^ 1 80 Fajfing of Bills. mi^ Ibid. If a Bill coming from the Lords be ipoken againft, and prefled to be put to tke Queftion, upon the fii li Reading ; |he Speaker^ in fa- vour and reiped thereto , fhou'd not make the Queftion for Rejedi- on (as in the tormer Cafe) but fhou'd firft make the Queftion for the (ccond Reading ; and if that be dcny'd, tlien for Rejedlion. But uliially when any (iich Debate is, the Speaker doth forbear to make any Qiicftion at all thereupon, ex- cept he be much prefled tHfereto, it being better to confider of it be- fore it be put to fuch a hazard. If the Q^ieftion for Rejedion be made, and the greater Voice be to have it rejeded, the C/^r^ ought to note it rejeded in his Journal^ nnd ^o to indorfe it on the back of the Bill ; and it fliall be no more read : If the Voice be to have the Bill retained, it fliall have his (e- cond Reading in Cour(e. laid. It is againft the ordinary Courfe tLat thciame Bill Ihou'd be read more Id.r4i. TT^ ;fled to on the ) infa- fhou'd flejefti- e) but Hon for if that 3n. But bate is, make ►on, ex- tHfereto, !)f it be- zard. yed-ion ''oice be i ought ^■ournal , back of o more lave the his (e- Courfe be read more Paffwg of Bills. 1 8 1 more than once in one day, but for fpecial Reaions it hath been (iifler'd, that private Bills have been in one day read twice. It is likewile done fbmetin;cs , Hai^tt^n when the Houle lacketh other Bu- ^^^ finefles wherein to implo} them- leives, efpecially if the Bill be of no^eat Importance, ho wfbevcr it is never but upon Motion and (pe- dal Order. When (pecial Committees ap-iWd» pointed for the drawing of (bme one fpecial Bill, prefent the lame ready drawn to the Houfe, it Iwth been often (een, that the lame Bill hath not only been twice read, but ordered alfo to be engrofled tte fame day. It is not without Precedent that ibid- a Bill hath been thrice read , and parted in the fame day. But this is a Prefident that ftandeth alone. A Bill was read the fourth time, sir s'mon before it pafs't the Houfe, and tho' i^"^^^ there want not other Prefidents,coi.l. yet it is rare and worth the Obfer- vation. N 3 A i 1.1 ^'1 !'!l i M ^1 f;im m id 537' Col 2. f43. 1 8 ^ Faffing of Billk f^-^?5. A Bill was put to the Queftlon, ^^^' *' upon the firft Reading-, and re- jeded ; but it is not ufiial for a Bill to be put to the queftion upon the ftrll Heading. 27 Bliz. 1584. A Bill was com- ^^. „ mitted upon the third Reading, 4I5.C01.2. . r & having been rormerly committed upon the lecond ; which is Sot u- iual. • A Bill may be preferr'd to be (ecbndly read the next day after the firft Reading : but the ufual Courfe is to forbear for two or tl^reedays, that men may have more time to confider upon it, except the Nature of the Bufinefs be fijch, that it requireth hafte. After the Bill is (econdly read, the Clerk , , as before, in humble manner delivered! the fame to the Speaker ; who again readeth tlje Title and his Bre^j'tat^ as he did upon the firft Reading : which done, he declareth , That it woj a fecond Reading of the Bill, Ard *then he ought to pawfe a while, ' ' ex- i'hjd. Lueftlon, and re- lal for a on upon vas com- eading , mmitted s tfot u- r'd to be ay after lie ufual two or ay liave upon it, Bufinefs hade, lly read, humble le to the ideth ttjie J he did : whieh it was A II Ard I while, ex- Pajpffjf of Billf. 1 8 3 cxpeding whether aiiy of tlie Hoiife will fpeak to it ; for before she Speaker hath lb declared the ftate of the Bill, no man lliou'd offer to Ipeak to it ,• and then, and not before , is the time when to fpeak. If after a pretty dillance ofi'^i^- time, no man fpeak againft the Bill tor matter or form , he may make the Queflion for ingrofilng thereof, if it be a Bill originally exhibited into the Commons Houje, Solikewife if divers (peak lor Jd. 144. the Bill, without taking Excepti- on to the Form thereof, he may make the fame Q^icftion for the ingroffing. The like Qiicflion for the in- ibid. grofTmg ought to be made, it tiic greater Voice be, That the Bill jhallmt he committed : for it were to no end turtlier to delay tlie proceeding of the Bill, it there be no exception tak .11 to the matter or form thereof: but upon the fecoiid Reading , and after the Speaker ' N 4 hath 184 r:-:if: i 'i' r com- Id then linftit, 'm,he fpoken, while, erman ught he Speech th that ^ ought for the f fort; 'o» that nit ted , VoicQ Wrary :.ar to judge I Faffing of Bills. 185 judge which of the Voices is the greateft : if that be doubtful , the Houle ought to be divided. If upon Divifion of the Houfe^^'^* it appear that the Numbers are e- qual, the Speaker hath the cafting Voice upon all Queltions. If it appear that the Affirma-ibid. tive Voice be the greater, then ought he to put the Houle in mind touching the naming of Committees^ which is done thus. Every one of the Houle that lift may call upon the Name of any one of the Houfe to be a Commit^ tee^ and the Clerk ought in his Journal to write under the Title of the Bill the Name of every one fo called on,at leaft of fuch whole Names (in that Contufion)he can diftindly hear ; and this he ouglit to do without Partiality, either to thofe thai name , or to the Party named. He that Ipeaketh diredUy a-id.i4<5. gainft the Body of the Bill, may ^^M-ctU. not be named a Committee : for he that I KmRl ! I'. ! I' », I ' 1 8^ ^#^^ < ^'^/•^' that would totally defl:roy,will not amend it. mi^. Ibid. When a convenient Number of Committees are named, then ought the Speaker to put the Houfe in mind to name Time and Place, when and where the Committees may meet ; which the Clerk ought likewife to enter into his Jouml- Book : and when the Houfe is in filence, he ought with a loud voice to read, (out of his Book) th^ Com- mittees Names, and the Time and Place of the Commltmefit^ th2.ttk Committees may take Notice thereof; After a Bill, which is fent from the Lords, is twice read, the Que- ftion ought to be for the Commit- ment : if it be deny'd to be com- mitted, it Qught to be read the third time, and the next^acftion ought to be for t^e Pailage , and not for the Ingrolfing ( as it is where the bill originally befgins in the lower Houfe') tor Bills , which come from th&Lords come always epgrofled. The Ibid. \lls. >y>will not dumber of then ought Houfe in Ind Place, \lerk ought lis Jourml^ loufe is in loud voice 3 the Cm. Time and ^^■, that the :j Notice f (cnt from > the Que- e Commit- 3 be corn- read the ^i^cftion Sge , and (^ as it is begins in s, which le always The Vajfing of Bills. .87 irvd Hak' M^. The Queftion for the Paflage ^'^kj fliou'd in ordinary Courfe be then ''^^* made, when the Bill is deny'd to be committed,* but not till the Bill be read the third time. In the debating of Bills in t he c^ 12.116. Houfe, no man may fpeak twice in one day ( unlets Ibmctime by way of Explication ) except the Bill be oftner read than once ; and then a man may (peak as often as the Bill is read. Otherwiie it is at Committees y or when in the Houfe the Debate arileth uf on fome Motion concerning tlie Or- der of the Houle. After the Debate is ended, theW-is^. Speaker ought to put the Quefti- on for IngrofTing. If the greater Number of Voi- i^i^. ces be, that the Bill ouglit not to be ingroiled , the Clerk ought to make an Entry in his Jour ml^ that the fame was dafti'd : and fo he ought likewile to note upon the back of the Bill,and the day when. If the Voice be to have it ingrof- feL 1 >ii ■i r 1^ rr i\-l y,:w II: 'i ! J., ■ 'ill' -i ■Iff ill r 188 Taffwg of Bills. fed, it is the Office of the Clerk to do it. Ibid. It is always to be ob(crved,Tliat when the Bill is engrofled , the Clerk ought to endorle the Title thereof upon the back of tlie Bill, and not within the Bill in any Cafe. WivCi. So ought 1 kewife fuch Bills as come from -the Lords to have Ti- ties endorfed upon the back of the Bill, and not within. After a Bill hath been commit- ted, and is reported, it ought not in an ordinary Courfe to be com- mitted, but either to be dafli'd or ingrofled : and yet when the Mat- ter is of Importan-^-. it is fbme- timesfbr {pecial k^ (oins (iiffer'd; but then ufually ^e Re-cornmit- raent is to the fame Committee. Id.is2. About two or three days after the Bill is thus ordered to be en* grofled, and is accordingly en- grofled, it is offer'dby the Speaker to be read the third time, for the PafTage therepf. For Id. 1 51. For puttet PalTag eth til f. ' Clerk to ^ed,Tliat fed , the he Title the Bill, in any i Bills as lave Ti- k of the :ommit. iglit not be com- lafli'd or he Mat- > fbme- iiffer'd ,. erninit- 'tee. ^s after ' be en* ;ly en- Speaker for the For Faffing of Bills. 1 8p For the mod part the Speaker^^* ^53- putteth not any one Bill to the Paflage by it felf alone, but ftay- eth till there be divers Bills ready engrofled for the third Reading; and when he hath a convenient Number (which may be five, or fix, rather lels than more) then he . giveth Notice to the Houle , That he purpofeth next day to offer up fome Bills for the Paffage^ and de- freth the Houfe to give fpecial Attendance for that purpofe ; and then the day following he doth accordingly put them to the third Reading. Firfl: private Bills , un- til the Houfe be grown to fbme fulnefs ; and then he offereth to be read the publick Bills, which are engmfled. ft hath at (bme times been or-ibidj der'tf. That for the preventing of carrying of Bills with a few Voi^ ceSj that no Bills fboud he put to the Faffage until Nine of the Clock ^ Kt which time the Houfe is com- "Monly fully or fhortly after, Whea I •I I. ■ ' ' i ■•?'; » Id.154. 190 . f^^jP^i ofBitls. Id. 1 55. When the Bill is read the tliird time, the Ckrk delivereth it to the Speaker y vvho reads the Title thereof, and openeth the Effed of the Bill, and telleth them/^ the Bill hath novo been thrice reaj and that with their Favours k will put it to the Quejlion for tht pajftng : but pawleth a while, that Men may have Liberty to (peak tliereto ; for upon the third Read- ing the Matter is debated afrelh, and for tlie moft part it is more (poken unto tliis time , than upon any of the former Readings. When the Argument is ended, the Speaker ( ft ill holding the Bill in his hand ) maketh a Queftion for the Paflage, in this (brt ; As many as are of Opinion that thii Bill Jhoud pafi^ fay Yea, &c. Ibid. If the Voice be for the Paffage of the Bills, the Clerk ought to make a Remembrance thereof in his Journal ; if othervvife , then his Remembrance muft be accord- ingly made. Upon fae tliird it to the e Title Effea tm,Tkt ice reai^ vours k for tk hile,that :o ipeak rd Read- i afrefli , is more lan upon is ended, ; the Bill C^ueftion rt : Ai that thii cc. ; PalTage ught to lereof in e , then accord- Upon r P^Jpf^g of Bills. ipi Upon the Bill thus pafled ([{ it ^^ooiAbr^ be originally exhibited in the I/oufe i^^"' *^ of Commons J tht Clerk ought to write within tlie Bill on the top toward the right hand, Soit haille (tux Seigneurs, If the Bill pafled be originally ^''^^t''^* begun in the Lords Houfe , then ^' ought the clerk to write under- neath the Subfcription r' the lW^(v\'hich always is at the toot of the Bill) A ceji Bill les Com- mom font affentus, 19 Dec, I5r84. 27 Eliz, TheSirSjwos Houfe of Commons taking Excep- i^i^i\., tions about endorfing ot Bills incoi.2, the upper part of them , whereas it ought to be done at the neither and lower part ; the Lords did ve-^ ry relpedtfuUy take away their faid Grievance, by the alteration of the Indorfments aiorefaid , ac- cording; ip the uiiial and ancient Form, 'm No Bill upon the third Rcad-ffak-ti^* ing, for the Matter or Body there- of, may be recommitted : but for fbme I' % »57. fome particular Claufe or Prov'tjo it hath been (ometimes fuffered \ but it is to be obferved as a thing unufual after the third Reading. • It hath been much doubted, -whether \vhen a Bill is in Debate for the Paflage, it ought not to re- ceive the Relolution of the Houfe the fame day wherein it is firft of. fer'd to the Paflage : but Prece- dents are, where the Cafe being of fbme Importance , and the Debate grov\'ing long, the Argument hz!^ been put over to the next day ; in which Ca(e he that hath already fpoken to the Bill the firft day , may not again (peak the fecond, no more than he may {peak twice in one day , where the Argument is not deferred to another day. Id I $8. If a Bill be reje(3:ed, the fame Bill may not be ofler'd to the Houfe again the fame S^ion : but if it be altered in any Viknt mate- rial, both in the body, and in the title, it may be received the fe- cond time. In t Provifo^ Tuffered ; ^ a thing ading. • loubted , Debate ot to re. le Houfe s firft of. ut Prece. ' being of e Debate ne^t hath day ; in already irft day, ■ fecond, ^ak twice Argument day. tlie fame i to the iion : but It mate- id in the i thefe- In Faffing of Bills. ipj In the time of the Reading of 1^4 lill, the Houfe fliou d not be in- terrupted with any pth jr BufmeG ; and yet in i £/.the Koufe adjourn d it felf till the next day after the Bill for Sealing Clothes was half > read,onIy to be prefent at the Con- ference about Religion in Weflmin" Jler-Ahly, Sometimes the Houfe concci-iWd. virig much Offence againft (ome BillSjdoth not only order them to be rejeded, but to be torn in the ftoufe. , Wlien aJBill is thrice read, aiidH.i$9. afs't in the Houfe, there ought to no further Alteration thereof in any Point. . Wlien the Speaker hath in fiis^^.i-j; hands a convenient number of Bifls ready pafled, as five or fix , or thereabQuts,> he jthen putteth the fioufe in mind of fending them up to the Lords , a!nd defireth the Houfe to appoint Meifenger?, who accordingly ^6 appoint Iqme one principal Member of the Houfe for E FTff r )i ip4 u.l^6. Ibid. faffing of Bills. for that purpofe , to whom the Bills are delivered in fuch order, as he ought to preient them to the Lords ; which is done by diredi- on of tlie Speaker , except the Houle be pleas'd to give (pecial direction therein. Tt^he Order which hath ufijially been obferved in ranking of theta, is ; Firft, to place them that came oifigindly from the Lords. Se- condly, thole that being fent up to the Lords from the Commons Hottfcy were fent back' to be a- mended. Thirdly, publick Bills originally coming from the Cm- mons Houfe ; and they to be mar- fliaird according to their Degrees ' in Conlequence. Laftly are to be ' placed private Bills, in (iich Order, as the Speaker pleafeth. Many times the Houfe (with a purpofe elpecially to grace fome ^ one Bill) fendeth it alone, with a (pecial Re-commendation thereof: the Meflenger for this purpofe is ulually attended by thirty or forty . of lom the 3rder, as n to the direfti- cept the e {pecial I ufually of theta, [lat came ds, Sc- fent up Commmi to be a- :ck Bills the Com- be mar- Degrees are to be h Order, (with a ice fome , with a thereof: irpofe is or forty of Fafjlng of Bills. i p ^ of the Houfe, as they pleafe, and are afieded to the Bufineft. The principal Meflenger ,whoid.r77. delivers the BiJls to the Lords .^ co« ming in the firft Rank of his Com- pany to the Bar of the Lord:3 Houfe ^ with three 0;^i^j , telleth ihe Lordsy That the Knights , Ci- tizjenSy and Burgeffes of the Com- mons Houfe have fent unto their Lordfhips certain Bills ; and then reading the Title of every Bill, as it lyeth in order, fo delivereth the fame in an humble manner to the Lord Chancellor^ who of purpofe Cometh to receive them. Bills fent from the Lords to the^^id. Commons Houfe^ if they be ordi- nary Bills, are fent down by Ser* jeants at Law^ or by two Doctors of the Civil Law^ being Maflers of the Chancery , and Attendants in the upper Houfe , accompanied fometimes with the Clerk of the Crovon^ an Attendant there. Bills of greater moment are u-id.173. fually fent down by ibme of the !^ ill I I- I p6 ^^ffi^i ^f ^^''•^• Judges Affiftants there , accompa- nied with fome of the Mafiers of the Chancery; who being admitted Entrance, do come up cloie to the Table where the Chrk fits,making three Congies ; and there acquaint* ing the Speaker^ That the Lords have fent unto the Houfe certain Bills J doth read the Titles , and deliver the Bills to the Speaker , and (6 again departeth, with three Congies : when they are out of the Houfe, the Speaker holds the Bills in his hands , and acquaints the Houfe, That the Lords hy their Meffengers have fent to the Houfe certain Bills : and then reading the Title of every Bill, delivereth them to the Clerk to be lafely kept, and to be read, when they lliall be call'd for. id.i7p. When Bills are thus pafs'tbyboth Houfes, upon three feveral Read- ings in either Houfe ,• they ought for tiieir lafl: Approbation, to have the Royal Ajfent , which is ufually deferr'd till the lad day of the Sej- Jion. The Btt compa- Hers of Imitted ^ to the making quaint* Lords certain es, and peaker , th three t of the the Bills nts the ^ their e Houje reading Jivereth :ly kept, flialJ be : by both al Read- y ought , to have > ufuallv the Sej- Tiie Faffing of Bills. i ^y The Royal Ajfent is given inJlij^J- this fort. After fome Solemnities cfu^'^^^l encled,the Clerk of the Crown read- vide sir eth the Title of the Bills in Ibch^X^T^i- Order as they are in Confequence : after the Title of every Bill is read, the Clerk of the Parliament pronounceth the Royal Affent^ ac- cording to certain Inftrudtions given him from his Majefty in that benalf. To the Suhfuly EtU^ becaufe it r«^«/^^o^'- isthemeer Gift of the Subjed: j"^^' the Queens Content is not requi- red tor the pafling it, but as it is joyn'd vv'^-h her thankful Accep- tance: nor to the Bill of Pardon, , becaufe it is originally her free Gift, no other Circumftance is re- (juired, than that the thankful ac- ceptance thereof by the Lords and Commons be likewile exprefled ,• it being but once read in either Moule, before it comes at laft to be thus expedited. To all other Bills, either private or publick,the Queens exprefs Confent , tho' in O 3 difl !tii: 'T '.u 1l tpS Pajpng of Bills. different words, is always requj, fite. Wj27. ^(f^r. 9. 1S97' 39 ^/^z. Htr Majefty gave her Royal Ajfent to twenty Four publick Ad:s , and nineteen private ; and refufed for- ty eight , which had pals t both' Koufes. Townfi^. If it be a Publick Bill, to which the King aflenteth , the Anfwer is, Le Roy k veulty The King wills it. If a private Bill, allow'd by the King, the Anfwer is, Soitfait come tl efl defire, Be it done, as is de- llred. If a Publick Bill,which the King forbears to allow, Le Roy fe avi- fera^ The King will confidcr. Id.12. To the Suhfijy Bill, Le Roy re- mercie fes loyaux Suhjets , accep lour Benevolence^ © ainfile veult , The King thanks his loyal Sub- jeds, accepts their Benevolence , and fo wills it. ToTvnfcoli. To the General Pardon^Les Pre- ^IA9' lates^ Se/gneurs J & Commons en cefi ^z. Her W^nt to ? and fed for- s't both' 3 which if uer is, ng wills by the ut come IS is de- Iie King / y^ dfx;;- Icr. /?^ rf- , ^cr^^/ ' veuk , al Sub- olence , les Pre- nons en cefi Pajpxfg of Bills. 1 9^ cell Tarliament ajfemhles au nomJe^^^^'^on mtes'vous autres Sutjets remer- j^^^y^^^^^ c'mt tres-humhlement vojlre Maje- Col.?. ' pCy (S priettt a Dteu que il vous Jonne enfantejbon vie^^ longuep^h^ Prelates, Lords, and Commons in this Parliament allembled, in the Name of all other your Subjeds , do moft humbly t^«ank your Ma- jefty, and do pray God to give you Health and a good and long Life. A private or particular Ad: isfjl^j^^' always filed,but never enrolled, mem, $7" Every Bill that pafleth the Par- Arc Pari, limeftty fliall have Relation to the 45* firft day of the Parliament , tho' it come in at the end of the Parlia- ment : unlefs a Time be (pecially appointed by the Statute, when it ihall commence. If a Bill be admitted to be ready^cobUii, it is to be prefented fairly written, without any razure, or interlinea- tion ; together with a Breviat of the Heads of the Bill; and unlefs it be fo tendered, the Speaker may re- fufe it. p 4 \Ji\' 1 :. i* I i!i I 1^ id.42. Until the Bill be open'd,no man may {peak to it Tomfctii. An Adt was read, to which no '^^* man offer'd to (peak ; whereupon Mr. Speaker flood up , and laid , That if no man /peak ^ it mufl he i«. groffed, TownfGoii. It is the ufiial Rule of the Law, '54« That where the Numbers of the Affirmative and Negative are e- qualySemper prefumetur pro negante: The Negatives by Ciiftom are to carry it. ScohH 45. When Votes are digefted into a Bill, and that comes to be read , or pafled, it is lawful to Debate or Argue againft all, or any part thereof ; to alter, or rejecl: it : be- caufe Votes in order to a Bill are n./ further binding , but that the Bill is to be prefented containing thole Votes : and becaufe the Bill gives occafion of a more large Debate, and being to pals into a Law; every Member hath Li- berty to offer his Reafons agaiint it, as well as give his Vote , as of- ' ten >no man 'hich no lereupon md laid , )t4fl he in- -he Law, s of the e are e- negante: •m are to :ed into a 3e read, > Debate iny part i it ; be. Bill are that the •ntaining ' the Bill re large s into a ath Li- agauiic ) , as of- ten Faffing of Bills. 201 ten as it comes to a Queftion. When a Bill has been read the^^i**- fecond time , and open'd , any Member may move to have it a- mended, but muft {peak but once to it ,• and theretbre muft take all his Exceptions to it , and every part of it, at one time,* for in the Debate of a Bill no man may fpeak but once the fame day, except the Bill be read more than once that day , and then he may (peak, as often as it is read. 23 Jmij 160^, It was agreed Id. 58. for a Rule , If a Bill he continued in Speech from day to day^ one may not fpeak twice to the Matter of the fame BilL % CHAR 107 CHAP. XVII. Concerning Committees. sir Tho. f^ Ommittecs are fiich, as either smyth\^ y^^ the Lords in the higher maLth'i^M^^fiy OT Burgejfis in the lower Houfe^ do choofe to frame the Laws upon fuch Bills as are agreed upon, and afterward to be ratified by the fame Houfes. The proceeding in a Committee is more honourabte and advanta- gious to the A7«g, and the Houfe ; tor that way leads moft to the Truth ; and it is a more open way, and where every man may add his Reafbn, and make Anfwer up^ on the hearing of other mensRea- (bns and Arguments. S"j, *►'»«">« For Referring a Bill to Commit- Jm!\uJ^^^y it is chiefly for Amendment or Rklh.ColL 557. i Si XVII. mmittees. ftch, as either in tne higher in the lomr to frame the Is as are agreed y to bq ratified m a Committee and advanta? ind the Houfe ; s mod to the lore open way, nan may add ke Anfwer upt thermensRea- •• ►ill to Commit- f Amendment Cmifning Committees. 205 or Alteration thereof, after it hath "^ been penned , and ^ into the Houfe by fome one or more pri- vate nfen* June 1 64 1. In the Afternoon ,a Kdfon it being a confiderable time beibre ^'^* there wer^ forty#Members to make a Houfe: Ordered, Thatfofoon as the Houfe Jit s^ and that the Ser- jeant comes to any Committee then f\ttim^ to fignijie to them that the Houje is fittings that the Chair-man jhall immediately come away to at' tend the Service of the Houfe, 35 Eliz. is-pz. It was held to^J^"^^''' beagainfl: the Order of the Houfe, sir 5jwo« that a Bill fhouU he committed i^"^'' kfore it was read, 43 Eliz. 1 60 1 . By Order of the w. 1 80. Houie agreed , IVhen a Bill is re- turn d from Commitment^ the words mufl he twice read^ which are a- mended ^before the ingrojfing thereof Eodem tempore. By Order of id. 150. the Houfe, it vsas agreed upon , that a Committee once made , and agreed upon, there fhall not here^ Col. I. a iftet 1 t/M ',m iF '^^ H 'ir^ i ':; 111! !? I'll P Q 04 Concerning Committees. after he more Committees joyni unto them, for the fame Bill ; l^ for any other there may, W.I 98. Eodem. Sir Walter Raleigh p£w J ^' flpeaking at a Committee , Sir £rf. Jour.6io. ward Hohhy told him , //9i. I'u'o or three -Sir Sm,;;! flood up to (peak , llnving ^vlio l^^J*'^^. miglit (peak firll. it was madeacoi?.. Ruk , That the Chair-mayi fl)all ask the Parties that would fpeak , on which fide they would [peak , whether with him that fpake ,text hefvre , or agai^ift him : and the fart) that jpeaketh againfl the hijl Speaker., is to he heard firjl. The Cnmmjfiee are fiiit to read ,s\".;|!c^g. tiie Bill, and then to coiifider the lame l)y Vaxis, 11 le Preamble, if any be, is u- KI.50. liiallv c()!ifidcr\l after the other Purrs of t!ie Ijill : becaule upon (.onfKkjratioii of the Body oi the BJI5 liich Alterations may tliereiii be made, as may al(b occafion the alteration of the Preamble, whieh will be beft done laft. JJ P T!ie ti5i.'isi ifi? ': ,_; ffi i 2IO Ibid. Ibid. id. .^2. 1 Concernivg Cowwittees. The Comnnttee may not raze interline, or blot the Bill it felfj but mull in a Paper by it felf let doun the Amendments in this manner (iniiich a /i?//^, and iuch a Lhie^ betvvecn fuch a Word and iuch a Word, or after (iich a Word; iniert theie words , or omit theft words.^; Wlicn the Amendments are all pcriedled, every one being voted ilngly, all of them are to be read at the Committee , and put to the Qiieilion , Whether the fame jhall he reported to the Houfe : when the Vote is to be put, any Mem- ber of the Committee may move to add to thole Amendments, or to amend any other part of the Bill. 4 Jimj 1607. The Bill touch- ing the Union between England and Scotland having been commit- ted, when the Amendments were reported, the whole bill was by Order of the Houfe firft read, and then the Amendments by them- felves : felve ufed no\ ■~™*^wi ees. )t raze, it felf . felf (et in this id fuch >rd and I Word; it thefe are all i voted be read to the "yie Jhall when Mem- f move !Pts, or of the touch- ingland 3mmit- ts were v^as by id, and them- felves : Concerning CommitUei. i\\ {elves : which is a fingle Precedent ufed only in a Cafe of great weight. In the Journal 4 Jmij 1607. ^^^^^ The Entry is, When a Vote is once pafeJ at a Committee , the fame ma\ not he alter d hut hy the Houfe, Every Queftionupon the Voices of the Committee bindeth,and can- not be alter'd by themfelves. And thus every Thing agreed to be re- ported, ought to be reported. If the Vote of the Committee id.st pafs for reporting the Amend- ments to the Houfe, then he of the Members of the Committee (which is commonly the Chair- man^ who is beft acquainted with the Bill , is to be appointed to make the Report : which being done, that Committee is diflblved , and can ad: no more without a ♦^"w Power. ^Martij 1606. It was order'd, ibid. That every Committee^ when they proceed to the Amendment of any Bill committed to them , fliall alfo P X amend^ Irl-- M '!/'■ r* 4 ! ).! 2 1 2 Concerning Committees, amend the Breviat annexed , mi make it agree with the Bill. Ibid. Reports are uliially to be recei- ved daily in the firft place, after the Houle is full ,• except there be Bills engroiled, which are to take place , and publick Bills before private. id.52. The Reporter mufl firft ac- Hak^mi quaint the Houfe, That he is to ^ ' make a Report from fuch a Com- mittee^ to whom fuch a Bill ivai committed : and ftanding in his place, mufl: read each of the A- mendments, with the Coherence in the Bill • and opening the Al terations, and the Reafons of the Committee iox {mq\\ Amendments, until he hath gone througli all : and then muft (if he fit not in the Seat next the Floor ) come from his place to the Bar, and (b come up to the Table, and deliver both ^ tlie Bill and Amendments to the Clerk , by wliom he is to ftand, v/hi!e they are twice read , which IS to be done by him ( without readini]; fittees, m. > be recei. ace, after t there be to tale ils before firft ac- he IS to ^h a Com- Bill w^^ ^g in lih of the A. Coherence g theAl- ^ns of the "ndments, )ugh all; lot in the 'me from lb come iver both s to the to ftaiid, , which without reading P Concerning Committees. 2 1 3 I reading any words that are to be omitted, but only liich as are to be inferted) before any man {peak to any fcf them : and then the Bill, with the Amendments, is to be de- livered to the Speaker. After reading of the Amend- scobd 52. ments, any Member may {peak a- gainft all, or any of the Amend- ments, and defire the Coherence to be read ; but he is to make all his Objections at once to all the Amendments, without (peaking again. Exceptions may be taken asid.^g. well to v\ hat is omitted out of the Bill by the Committee^ as to what is amended. Amendments in Bills ought to^J^j^*'"'"' be writ in Paper ^ noi in Parch- jour.s'j^, went , and without any Indor(e-574- ment. Upon any Report from a Com-^^^^^^ 53- m/itee , the firft Queflion ought to be , tor agreeing with the Re- port, unlefs the Houfe generally diflikc it. P 3 4 Jmif '4i '5-1; 214 Concerning Committees. id'39. 4 Jumj i()07. Agreed for a Rule, That every Thing d'tretled and agreed to he reported^ ought accordingly to be reported : tut not every thing fpoken or delated at the Committee. Ibid. x8 Jidij 1(541. Declared by the Houfe, That no Committee ou^jt hy Votes to determine the Right or Property of the Suhj e^ ^without fir ji acquainting the Houfe therewith. ibid. 6 Aug, 1641. Refblved , that no Vote pafit at a Committee^ mi not reported., nor confirmed hy the Houfe., fhall he any Rule or Dire- ^ion for any Court of Juftice to ground any Proceedings thereon. CHAP. tees. 'd for a 215 / .o^ght t ' f^utnot hated at ^d by the ^ee ought ' i^^ghv or 'houtfirji rewith, 'd , That '^ttee^ and d ly the or Dire- hftice to hereon. HAP. C H A P. xviir. The Order and Toiver of Grand Committees. A Grand Committee confifts of 5^^/ as many Members (at leaf!:} as conftitute the Houie, lels may not lit, nor ad: as a Committee ,* who have general Power to conii» der of any Matter touching tlic lubjed: Matter referred^and to prc- fent their Opinions therein to the Houfe, the better to prepare Mat- ters of tliat Natuic, or Bills there- in, for the Houfe : which may bet- ter be prepared by tlic liberiy that every Memler b.ath in a Grand Comm/ttcc, as \\c!l ; s in 0- ther Committees , to f peak more than once to the lame i3ufinc(s (if P ji there tl «; 5. ' \ 2 1 6 The Order and Fewer tliere be caufc) which is not per. mittcd in the I Ionic. M49. Biiis of great C'cnccrDinciii^ and chiefly iiills to impoie a J ax, or iaife monev trom the TcoDic, arc com milted to a Committee ot the whole Houfe ; to tJic end there may b^ opportunity tor iuiler De- bate : ior that at a Committee the Members have liberty to i pea Is", as otten as they flinll fee Caule, ro one Queftion : and that (uch Bills being of general Concernment , Ihou'd be mod lolemnly proceed- ed in, and v\ ell weighed. Id. 55. Or and Committees have their Powers and Rules in other Cir- cumllanees given tl^cni in expreis w ords L'y the Houfe : as to (end for Witnefe, to liear Counccl, or adign tliem on either part to lend forHecords. If'. 35. Wlicn any great Bufinefs is in Agitation that requires much Dc- t) bat( { c, or a Dill lor a pui'i-cK h Tax IS to te committed, tlic Houfc doth uic to Kefolvc into a Grcnifl Com- Comt vvhic then and aiak lor per. ^ 'J ax, ?///^<^ of ic] there llcr Dc- tfee f/ie i pea Is", cli Bill, inicnt , »rocced- e their "r Cir- exprcls o (end icci, or to lend > IS in :h Dc- ^ Tax Houfe Gnnifl Com- of Grand Committees. 2 1 7 Committee of the u hole Houfe : w hich is done by a Queftion, and rlicn tlie Speaker leaves the ci'a/r; and thereupon the Committee niakes choice or a Chair-man. \\ more than one be generally ■^'^^/^^z 3^. caird to u\G chair, any Member may Itand up, and by Conlent of the Committee, put a Queftion for one of tho(e named to be the Chair-man. i() Jac. I. A Difpute being in^^^^^* tlie Committee ^which of two Mem- bers named Ihou'd go to the Chair^ the Speaker was calfd to his Chair^ and put the Queftion , That Sir Ed\\ ard Coke (^one of the Perjons namcd^ jhoud take the Chair ; and then the Speaker left his Chair. llic Chair-man ot the Graw/ib\d Committee is to fit in the C/erk's Place at tlie Table , and to w rite the Votes of the Committee. If upon putting a Queftion, the j^j^g^ Chair-man (who is to judge the Voices) have delivered his Opini- on, That the Yea's have it , and any vil rf 2 1 8 The Order and Tower any Member ft and up, and (ay , He lelieves the No's have it (ox contrariwife) the Committee is to divide within the Houfe;the Chah^ man dired:ing the Teas to one fide of the Houfe, and the No\ to the other, and then he is to ap- point one of each to count the Numbers, and report them : which is to be done in the fame Order, as in the Houfe, faving that the 0- beyfance is only twice in the Com- mittee , thrice in the Houfe : if t!ie Number be equal, the Chair- man hath the cafting Voice ; other- wife he hath none in tlie Commit- tee. Ibid. When the Committee hath gone through the Matter referred to them, the Chair-man having read all the Votes, is to put the Que- ft ion, That the fame he reported to the Houfe : if that be Relblved, he is to leave the Chair , and the Speaker being again call'd to the Chair (or at the next Sitting of the Hou(c, it it be then adjourn d) the He fro Se do up oxver nd fay, it (pi ttee IS to lie Chair^ to one e No\ to is toap. >unt the 3rder, as t the 0- the Com- (oufe : if ' Chair- 2 ,• other- Commiu ith gone rred to ng read le Que- reported efbJved, :nd the to the ting of )urn'd) the* of Grand Ccnfmittees. 7ip the chair-man is to report what hath been refblved at the Commit- tee^ {landing in his ufuai Place , from whence ( if it be not in the Seat next the Floor ) he is to go down to the Bar, and fo to bring up his Report to the Table. If the Committee cannot perfed: i^'^- the Bufineft at that Sitting , they may not adjourn, as other Commit- tees ; but a Queftion is to be made for reporting to the Houfe , and that leave be ask'd, That the Com- mittee may fit at another Time on that Bufinefi. But if, as it {bmetimes falls out, ibid, the Matter hath received a full De- bate in the Committee , and it is judged fit to be Refblved in the Houfe, the Speaker is again call'd to the Chair lor that pnrpole. In other Things the Rules of id 59. Proceedings are to be the fame, as are in the Houfe. ^Junij 1607. Agreed for a ibid- Rule, That every Queftion upon the y^oices of a Committee hinaeth^ and w ■ 1 mm m Ibid. 2 20 "The Order and Potver and cannot he alter d hy themfehes. Every Thing dired:ed , and a- greed to be re;, orted, ought to be accordingly reported : but not e- \ cry Thmg (poken, or debated at a Committee* Id. 56. i<; Ma/j 12. fac.i. Upon Com- ])lciint from tlie Grand Committee tor Grievances, 'That tl^ey had jent Jeveral Warrants for divers Per- Jons to Lrtnq^ in their Patents , which they had not done : the Ilouje order d the Serjeant at Arms to fend for them. Id. 9. The Commit eee for Trade is fome times made of a Grand Com- mittee of the whole Houie , as in X I Jac. I . The Committees for Religion.^ Gri^vances^and Courts of jMJUce^ arc always Grand Committees of thelloufe, which are to fit in the Airernoon, upon fuch days as the Houle dotli appoint to tliem re- ipeClivdy. 3^. 8 &* 1:5 Alartij xi Jac. i.Upon Report from the? Committee for Trade Ibid. Id Wer and a- it to be not e- )ated at ►n Com- mnittee '^rs Per- c I'/oufe irms to radc is '^ Com- > as jii 'ees of in the as the m re- Upoii 'e for Tragic r of Craf?d Committees. 5 :i i Tra^e (u hicli then w as a Grant/ Committee'^ the Houle was moved for their Order to the Merchants Adventurers to bring in their Pa- tents, and that the hiventor of the pretermitted Cuftoms fliou'd at- tend the Committee. The Commons^ upon Debate oi^n^^^^ what fell from his MajeHy ^ and 225." the Lord Keeper ^XMxn^A the Houfe into a Gr a ndComm/t tee. ordcrW the Doors to he lock d. and no Members to go forth ; and that all Proceed- ings in all other Committees fha II ceafe^ till the Iloufe come to a Re- folution in this Bufmeji. CHAP. 222 1 1 V ■'^'■'f m U'ti I ii CHAR XIX. Concerning Jianding Com^ mittees. 4inft. n. Tp H E Commom leing the J General Inquifitors of the Realm, have principal Care in the Beginning of the Parliament , to appoint days of Committees^ viz, of Grievances (both in the Church and Commonwealth)oi Courts ofju- flice^ of Priviledges and Advance- ment of Trade, r^oUi9.\ In Parliament tliere have ufual- ly been jfive {landing Committees appointed in the Beginning of the Parliament , and remaining du- ring all the Seffion: other Com- mittees were made occafionally , and diffolved , after the Bufinefs committed to them was reported. Standing Concerning jianding^^ e. 225 Com^ r^Fr'tvikdges and \ Elections, Standing Com- J Rtligion, mittees are for ^ Grievances, /Courts ofjujlice. ^ Trade, Ibid. 'nt s ing the of the e in the , to , viz. Church ts ofju^ \dvance' e ufual- imittees ; ot the ng du- ^r Com- anally , 3ufine(s orted. anduu Thefe Committees when they4inft. 12. meet, they eleft one of them to fit in their Chair ^ in likenefs of the Speaker, The Committee may examine, and vote the Queftioas handled by them ,• and by one , whom they appoint, report their Refolution to the Houfe ; and the Hou(e fitting , the Speaker to de- termine the fame by Queftion. The Committees for Religion^ Scobei 9- Grievances^ and Courts of Jujiice , are always Grand Committees of the Houie, which are to fit in the Afternoon, upon fiich days as the Houle doth appoint to them re- fpediveiy. The Committee for Trade hath^^*^- (bmetimes been a feled Committee^ par- A J tm I 224 Id- 10. Ibid. Ibid. Concerning Jianding^ ^c. particularly named ; and all fuch Members as lliou d come to it, to iiave Voices , as in Nov. 1 640. Sometimes a Grand Committee of the wiiole Houie, as 21 Jac i. The Committee tor Vriviledqei and Elettions hatli alua) s had the Precedence ot all other Committees', being commonly the fir^> Commu. tee appointed, and or^.inarily the firft day after ,or tlie lame day the Speaker did take his Place. This Committee is conflituted of particular Numbers named by the Houie. 2 1 Jac. r. Upon naming a Committee lor Frivi ledges and E- leliions^ a Motion w as made, that all that come Ihou'd have Voices, but inrilled on to be contrary to all former Precedents. A Qiicfti- on w as put, Whether all that come Jhoidd have Foices at the Commit- tee^^ini\ pals't in the NegativerAno- ther Qiiefhon being put, IVhether the Pet-Jons nominated only jh odd he of the Committee^ it was rejolved in the Affirmative. In ,P' W n' .v'Jm j|^:-^ii_ I- ,*..y"pjwi|.' FPIf!* all fucli ' to it, to ^^' 1640. 'w///^e of J^C, I. s had the mmitteesi Commn- ^ larily the c day the '1 )n{lituted lamed by aming a ^s and E- .ade, that : Voices, ntrary to A Qiicfti. ''hat come ? Commit- tivc.'Ano- IV bet her jhourl k "tjolved In 111 In tlie 'journal' %6 Febr. i(5ooJ«**"- ^2 £//i The Pbwcr a^iently gi*^ ven to this Committee i%€o exaiiiin and make Report of all Cafes touching ElediAoris and Returns, and all Cafes for Privifedge as may fall out , during die fartiament. But in other Parliaments^ both be- fore and iince, that; Power doth not appear to have been giv^ them fo abfol^ittly, butJ^^ ctf Priviledgf^ wei^i upon Itifoirmati^ to the Houie, t^^ heard, apd not in a Cemhitte^j^wsi^ rial Ca^, Hwfterein t^fl^ was Cauie of Examiiiailohx>r Ih^ paration of a Charggj Councd ifaay be"" ac^itted atia.i thztc^mmittee. Xlte JP0wer of ihis^^^j^^ ufiial)^ was (]^ 1640O to exi|niitii all <^e||lo0$ wh^ arife in dm F^iiC^wfitf about E- lediomi. Keturns, agd oAnbe t'rivi- ledgcs. Or (as int ^Cti^ this ^ Cmmktee are to examine tU Mat- ters .11. *!!^ % .', Ibid. 2 26 Concev^ning finding t^ers queftion^ble tpuchii^ Privi- ledges and Returns ; and to ac- quaint the Houfc with their Pro- ceedings from Time to Time, fo as Order may be taken according to the Occafion,and agreeable with ancient Cuftoms and Precedents. And to the end thefe QijeftioQs may be fpeedily determin'd, and the Houfe may know their rviem- bersj Days are ufually afligia'd^ beyond which there ftiall be no- Queftioning a» former Eledion. Ibid. So in the Parliament 21 Jat:. i, it was order'd, That all Petitions ahout Eleilionsand Returns Jheiii he preferred to the Committee of PrivileJges y within a Fortnight from that Jay^ or elfe to he filenced for that Sejfwn, W.I 3. 16 Apr. 16^0, Order 'd, That thofe who would queJiioH EleSions, Jhou'd do it within ten days^ hy Pe- tition. Ibid. ^ "^OM. 1640. Order'd, That all fuch as will quefiion Eleilions now return d , Jhall do it in fourteen. dajs^ wg I Privi- to ac- sir Pro. ™e, fe :cording ible with edents. tueftioQs a'd, and r Mern. I be no. cJMon. Vetitiom is Jieud nit tee of 'ortftight ' filencd J, That le^ions^ , by Fe^ That all ons novo fourteen, dajs^ Committees. 22 i JaySy and fo withm fourteen dayi after any nevo Return, Some Queftions have beenw.i^. (where there have been double In-. dentures return d for leveral Per-' fons for the fame Place) whether all, or any, or which (hall fit. The general Rule and Pra(Sti(e hath been in luch Cafe, that neither one nor other ftiall fit in the Hou(e,till it were either decided or ordcr'd by the Houle. ij Jpr. 19 jf^c. X. Order'd ,M.i^. That HO Petition Jhall be received *ly a Committee^ but openly at a Committee^ and read at the Com* mittee^ before the Party go that preferred it ^ and the Parties I4ame that preferred it^ be fubjcribed. In the Parliament xi Jac, i.id.17. Refblved, That all Affidavits to be taken in any Court ^ concerning Ele* Sions^ Returns , or any Thing ^/editing ion. ecefs in lis Mef. jot ueJl. Jr Rolerf nd took 8 Jac.i, the their Hereaf- ' Zei ] and of wake a J Coke ^oroga^ ttfts it ijourn-' r, this ff the Coro- oeatu, hinds not. A Sejpm cf Farliamem. 333 pot Therefore I defirp that it he entredjthat this he done ex Rogatu Regis. And this Matter touching \{is^v^'CoiL Majefties pleafiire about the Re- ^^^' eels, was referred to a Committee^ and to confider the Power of the Houfe to adjourn it felf. Tiie Soveraignmay adjourn the sir simw parliament, as well as the/^<7/-//^-i'^f".a pent adjourns it lelr. col.2. When a Parliament is call'd,4inft.28. and doth fit, and is diflblved, with-y*j^^s"j.^]' out any A^ of Parliament pafled, ^^ ^^\ [one there. iHthefaid *^d , and laft Seffm\ *f K. Jamti g de/irous 5als't,de. ^^^ to om I edal De.i s Pleafun The Ktni ^e into tfie ;ive their BiJi ; and on by the on was not ^y might mtvoith- iven. But ufiial to >urpofe. If The pr&per LaiPS^^c. 355 If there be divers SeJ^om in one ^^f-^^ri. harliament^ and the King figns not lXmpm\ a Bill till the laft ; there all is but7««^-7-b. one and the lame day, and all ihall ^^ ' have relation to the fir ft day of the ' liirft Sefton ; and the firft day and I the laft are but one Parliament , and one and the fame day ; unlefs fpecial mention be made in the A^^ when it ftiall take its force. v., CHAP. XXL The proper Laws and Cu-^ jloms of Parliament. TH E Laws, Cuftcms^ Liier-^iaf^.^o, ties J and Priviledges of farliam^nt are better to be learn'd out of the Rolls of ParliamentyB.nd other Records^ and by Precedents^ and continual Exferie'nce.thcn can be expr^fled by any one mans Pen. As m !ii., ? ■ t2 3 ^ T6^ proper Laws and 410(1.15. As every Court of Juflke hath! Lam and Cujioms lor its Direffi. on,{6me by t!ie Common Laiv^^om^ » by the ^ix;// and Canon Law^ fome by peculiar Laws and Cujloms.^c, lb the ///gA C^?/^/*/^ w Members of the Houfe , and deli- 1 ^ li verVi tlie faid Bill to Mr. Speaker, \firr ly Dec. 1597. The lame Cere- mony on tlie like Occafion omit- ted, upon a Motion of tlie Speaker; and order'd accordingly upon the Queftion. 18 Dec, 160 1. As the Speaker was IL ceft Scee let ceo Am lei PS and Parliament nay not be nbers there, arduous and withdrawn. \y according iftheHouie, )t the fame, 1 paffing of ^rth of the iill into the -vith the ^. which went fiing of the abersof the ,except Mr. ■ , Mr. Con- Bill in his ith all the , and deli- r. Speaker, lame Cere- fion omit- he Speaker; y upon the lie Speaker was Cufioim of Parliament. 2 30 \vas coming to the Houfe in the Morning,the Pardon was deliver d unto him, which he took, and de- livered it to the Houfe : which they fent back again, becaufe it was not brought according to Courfe. The Subfidy ot the Clergy wa?" Hg^g. fent in a Roll , according to the ufual A^s : to which Sir Edward Hohhy took Exceptions , becaufe it was not fent in a 4ong Skin of Parchment under the Queem Hand and Seal : fo it was fe^nt back,and then the other was fent. Si les Comrrtons grant Poundage ^y^qU , , p. pur quatre Ans , © les Seigneurs 4- grant nifi pur deux Am ; le Bill „e^^"^P^'^ [err a re-bayl a^ Commons: me s files Commons grant nifi pur deux Ans^ ^ les Seigneurs pur 4 Ans , la ceo [err a redeliver al Commmons, Et in cefi cafe les Seigneurs doientfair un Scedule de lourEntent^ou d endorcer If Bill en cefl Form^ Les Seigneurs ceo ajfentont.^pur durer pur quatuor Ans : Et quant les Commons aunt le Bill arcrCy & ne volent affinter i •| ; .1 ^ I;' ill t: ■ U 1^. Sf a 40 The proper Laxt^s and a ceOy ceo ne poet eflre un A£l : me^ fi les Commons volent ajfenter^ doth ques lis endorce lour Refpomfur k Margent de hafi deins le Bill en tiel Form ; les Commons font ajfen- tuz at Scedule les Seigneurs^ n mefme ceftuy Bill annex ; (S don^m ferra bayl al Clerk del Parliament. If the Commons grant Poun- dage tor four years, and the Lords grant but for two years ; the Bill ihall not be lent back to the Com- mons; but it the Commons grant but for two years, and the Lords for four years, there it Ihaii be re- delivered to the Commons. And in that Cafe the Lords may make a Schedule of their intent , or En- dorfe the Bill in this Form , The Lords do aflent to the continuing for four years. And when the Commons have the Bill again, and will not afienc to it, that cannot be an Ad : but it the Commons will aflent, then tiiey endorle their An- iwer on the Margin below within the Bill, in this Form ; The Com- mons and Ail: t„cj •«^ith their ^peareth, warraiK iftom of o' one be County^ returned, e fcrvetb ^ the End IS- in the >eareth ) ^ COfh ^rliament h'd elfe. d, that tve been :erpreter » where a great In- ■■^mi i43 CuftohitJtiffdthimini. intendment) that the Law will not bear it Not that an AH ^f Fartidmeni^*^^^^^' by Non-ufer can be antiquated or lofe his force, but that it may be expounded or declared how tte Ait is to be underftood. There is no AH of Parliament ^^^^i* but muft have the Confent of the Lords ^ the Commons^ and the Royal Affent of the King : and whatfb- cver pafleth iii Parliament by this threefold Confent, hath the Force of an At} of Parliament, The Difference between an Ail^^^^ of Parliament , and an Ordinance in Parliament is, for that tte Or^ finance wanteth the threefold Con- tent, and is ordained by one or two of them. Some A^s of Parliament are in- trodudtory of a new Law , and lome be declaratory of the anci- ent Law, and fome be of both kinds, by addition of greater Pe- nakies, or the like. Some Alts are general, and fbmie private, or t^Jtrticular, R % A\i IP I '• ' r' ;i 544 Tfc^ prapet Lav^s and Ibid. AH Ails of Tarliament relate lli!'^*^* to the firft day of Parliament , if 33 H. 8. - it be not othcrwife provided by RtUtion The Houje of Commons is to ma- ss- ny Purpofes a diftindit Court, and 4 inft. 28. tiicrefore is not prorogued or ad- , ^s^^Ewts P^^"^^^ ^y ^^^^ Prorogation or Ad- 7oar.$5o. journoient of the Lords Houfe : Col. 1 ,2. ibut the Speaker^ upon fignification of the Kings Plealiire, by the Af- fent of the HouJe of Commons ydoth fay, This Court doth Prorogue or Adjourn it felf And then it is Prorogued or Adjourned , and not before. Tomf.coiL i9ElizAS97.I^ov,s. Through fo 1,102. a meer Miftake and Error of the Speaker and theaifelves, the Houfe conceived thcmielves to have been Adjourned by the Lord Keeper ^x[\t firfl day of this Parliament^ to this prelent day. When it is diflblved, the Houfe of Commons are lent for up to the higher Houfe ^ and there the Lord Keeper^ by the Kings Command- ment, vide Sir S.d'Evpts Jaur. $ $0. Col.IyS. Ibid. Cnftonts cf Parliauieni. 145 ment, diflblveth the Parliament , and not before. A Parliament cannot be difcon- ^*^'«« ^a. tinued or diflblved but by Matter of Record, and that by the King a- lone. The A7«g,at the time of the DiC ^^ ^^ fblution, ought to be there in Per- (on^ or by Reprefentation ,• for as it ' cannot begin without the Prefence of the King^ either in Perfbn or by Reprefentation ; (b it cannot end, or be diflblved without his Pre- ftnce either in Perfon or by Re- prefentation. Nihil enim tam Conveniens eff BraSion. naturali ajuitatiy unumquodqae dif" [olvi eo ligamine quo ligatum eft. By the Statute of 33 U.S. c.ir.'Md. it is declared by AS of Parliament^ That the KingV Letters Patents under his great Seal , and figned with his Handy and declared and notified in his Ahjence to the Lords Spiritual and Temporal, ^«^/ Com- mons affemlled in the higher Houfe <^ Parliament, ij, and ever was , of R ^ as ■4i 9^6 The proper Laws dnd as geeJ iirength and force ^ as iftk KingV Perfon had heen there per* fonally prejent^ and had ajfented o- penly and puhlkkly to the fame, 4 inft. 34> In the Lordi Houfe ^ the Lorh .3 5- give their Voices from puifne Lord feriattmy by the word o(lCoMte»t] or [ Not Content \ The Commons give their Voices upon the Que- ftion, by Tea^ or No. 4 inft.43|. Every Lord Spiritual and Tm 4 b*^'*^ /^/"^Z, and every Knight , Citizen , and Burgefi ihall upon Summons come to the Parliantenty except he can reafonably and honeftly ex- cufe himfelf, or elie he fhall be a- inerced, ®c that isrefpedivelya Lord hy thp Lords ^ and one of the Cqmmons by the Commons. By tlie Statute of 6 Hen. 8.c. 1 6. CrUff fl» No Knight y Citizen^ or 5i^r^ 248 The proper Laws 4nd 4 infl.$o. It doth not belong to the ^udvei 5iH.<5.n.to judge ot any Uw , Cultom, 27. or Privilcdge ot Parliament. mthn\ Cardinal Woljey coiiiing to the HfnS.igtf./^j^,^^ l^oiLJe di Parliament , told them, 77'<7r /;^ dejir^d to reafon with them , wlio oppoled his De- mands: but being anfwered, Ihat it was the Order of that Hqufe to heary and not to reajin, hut amoni themjelvesy tlje Cardinal departea. Scobei 84. It any fit in the Houle, who arc not returned by the Clerk of the Crown in Chancery ^ it is accounted a great Crime , and feverely pur nifh'd. . 5* Martij is 57- 4^5 Ph.(S Mar, For that Chrifiopher Pern af- jfirmed, That he is return d a Bur* gefifor Plimpton in DcvoiXyand hath brought no Warrant thereof to the Houfe^ nor is return d hither hy the Clerk of theCrown^ hy Book or War- rant ; he is awarded to he in the Cujiody of the Serjeant^ till the Ho fife have^urther confiderd, J 3 EUz^ A 71. The Houfe was call'd, Ibid. call] nor\ tret GaA tenJ moi thiJ to beel Cro is, mu nd Judges >ull:oin, • ; to the , told reajon lis Dc- 1, Jhat mfe to among 3arted. ho are of the runted y PUr ern af- dhath to the hy the War- n the 7 the » b was :aird, Cufio^s of Parliament. 249 call'd,and thereupon Edward Lewk- ^}J ^»*'*» fior, John Bullock , Nicholas Plunh jour,i^6, tree, Edward Goodwyn , and y(?/;»Col.i,2. Garnom were commanded to at- tend the Order of this Houfe to morrow, for that the Houie being this day called,they had entred in- to the Houfe, and had not as then been returned by the Clerk of the Crown ; except Garnons^w^hoik Cafe is, for that he is (aid to be Excom- municated. 9 Jan.ij;6z. For that it feen>y^«*<'85. to the Houfe, being very full, that there were a greater Number than was return'd ; therefore the Names were immediately call'd over, and as they were calFd, departed out of the Houfe. 7 Felr. 1 5*8 8. The Houfe was*^^*** caird,and erery one anfwer'd to his Name, and departed out of the Houfe, as they were caird. Chiefly the Calling of the Houfe |j,j^ is, to difcover what Members are abfent without leave of the Houfe, or juft Caufe ; in which cafe Fines ivave been impofed . If !/^ lii'il ^\ 4 i m ■m ^to The proper Laws and Ibid. If the Houfe be call'd, the man- ner has been to call over the Names, and each Member to ftand up at the mention of his Name,uncover- ing his head. Such as are prefent are marked , and the Defaulters caird over again the fame day , fometimes the day after, fometimes liinimon'd , fometimes fent for by the Serjeant. Ibid. Upon Calling the Houfe, if the Perfbnbe prefent^herifeth up bare- headed, and anfvvereth : if abfent , he is either excufed (and foentred, Lieentiatur per fpecsale Servitium^ excufatur ex gratii, or agrotat)ot if none excule him , he is entred, Dejicit. id.85. That no man may fit in the Vide Sir I Hodlc, till he be legally returned , 7oar.p#»^PP^2^^ byfeverallnftanccs ofPer- (bns who were not Members, and tor coming into the Houfe, were brought to the Bar, and ibme com- mitted,and (bme{worn,before they departed,to keep fecret what they had heard there. 5 ^fr 5 Cler Temi Hou mr bets pre( and and the man- e Names, tnd up at uncover- B prefent >efaulters tne day , )metinies nt for by fe, if the ! up bare- f abfent , bentred, \rotai)Qii s entred, It in the eturn'd , s of Per- iprs, and e, were ne corn- are they lat they S Apr. Cufioms of Farliamefn. 3^1 J Apr. 1571. 13 Elh, Thomas ^^^ ^*^on clerk and Anthony Btfll of the Inner ^^^"^4, temple^Londm^Gtnt. were by thisCoL i. Houfe committed to the Serjeants War J, until farther Order fliou d be taken with them , for that they prefiimed to enter into this Houfe, and were no Members of the (ame, as themfelves at the Bar confefled. 18 Eliz. IS7S' Charles Johnfin^^-^^^* of the /»»^r 7i?w//? Gent. commit- ted to the Serjeants Ward^ till far- ther Order be taken by this Houfe, for coming into tlais Houfe this prefent day, the Houfe fitting,con- ieffing himfelf to be no Member of this Houfe. zj Eliz, 1584. Charles Morgan Gent. Servant to Sir George Cary^^^^^^t Knight of a Shire,being himfelf no Member of thisHoufe,was found to be (landing within the Houfe next to the Door, and as it was thought of meer ignorance and fimplicity, without ^ny evil purpofe or mean- ing, and therefore was committed '>y Order of the Houfe to the Ser- jeants Ward. 30 Nov, v: ^' ^^a The proper Laws' and Ibid.c«I.i. jo Nav. €9 Jem 4h. Richard Ro. linfon being found to be fitting in the Houle by the ( jpace ^f two Iiours (while feveralSpeeches were made) wasftriptto hisShirt5and his Pock- ets (earched; and being brought to the Bar, was cenliired by the Houfe (after taking the Oatlis) to (iiffer Inriprifonment in the Serjeants Ward till Saturday next, and then (having (worn to keepftcret what ne had heard) to be releafed. 1 8 Eli%. 1 5 %(i,Edmond Moor and *§ohn Turner prefiinied to come in- to the Houfe, being no Members, and upon their Submiflicri difcharg- ed, becaufe it was done of fimpli- city and meer ignorance. Id. 394. CoLz, So John LeggyFide id.^^6. Col ^, So Matthew Jones ^ Id. ^n. Col.i. So William Manner Jd.x%%, Colz. Scobii 87. Petitions are ufiially prelented by Members of the fame County. If tliey be concerning private Per- fbns, they are to be fub{cribed,and the Perfons prelenting them call'd in M.394. CoKa. ■^M. and ard fie. itting in o hours e made) is Pock' "ght to e Houfe (iiffer erjeants id then et what i toor and pme in- embers, [fcharg- fimpJi- 'd. 5-11. ft/.288. sfented lounty. te Per- ied,and 1 caJI'd in Cufioms ofParliamm. a 55 in to the Bar, to avow the Sub- ftance of the Petition; efoecially if it be a Complaint againft any. 18 Nov.i6^o,Ont Fivers pre- ibid, fented a Petition in the Name of the Mayor ^Aldermen^BurgeJfes^ and other Inhabitants of Banbury ^ was cali'd in, and did acknowledge the Hand to the Petition to be his, and tliathedid deUver it by Order,and on behalf of the Town diBanhury^ and thereupon it was committed. Tlie like in tlie fame Varliament^"^^^* upon rea 'ing the Petition of one Ward of Salop ,• and likewife on reading the Petition of Henry Ho' gan. Tiio' iieedom of Spvcch and De-5«W72. bates be an undoubted Priviledge of the Houfe, yet whatfc^ver is fpoken in the Houfe , is fiibjed to the Ccnfure of the Houfe, Tho'the Committee examine not 14,17. upon Oath, yet they may punifh any that fliall teflifie untruly. In ih^Parliament^iithQ greateft /r^i^ewi part of the Knights of the Shire do^>* adcnt IVulif 'i M''' ftp m JS Motr fol. 2 ^i|. Ti&^ pmfer Ldwf and aflent to the making of sniMif Parliament^ and the leflerpartwUI not agree to it ; yet this is a good Ail or Statute to hSiin perpetum^ and that the Law of Majoris par- tis is(b in^Couhi€is^Ele£lioHs,&c, both by the Rules of the Common Law, and the Civil. Tenants d' ancient Baronies font difcharge de Contribi^thn al Gages de Chivaliers del Pari hment; quk lour Seigneurs fervent pur eux in Parliament. Tenants of ancient Baronies are difcharged from Contribution to the Wages of Knights of ParltA- w^«/,becau(e their Lords ferve for them in Parliament. iSeobti 14. Apr. 1 640.It was ordered in that parliament^ that if any fit in that HoHJe^ that are return d hy more Indentures than ufual , theyJhouU withdraw till the Committee for Priviledges had further order d. 40. In the beginning of every Vat' liament^ Ibme Perlons have been appointed to confider of (iich Laws as ashflc conti of for conti ed,a( Ai offer it be U X and [ part wii is a good erpetum^ ioris par. e Common otiiesfint al Gages nent; quU ur eux in ironies are l)ution to if" Parlk- r ferve for 'ed in that ^t in that d by mon heyJhouU nittee for rderd, very Vat^ ave been iich Laws as ^55 Cufioms ofFarliamem. as had continuance to the pre(ent SeffioHj whether they were fit to be continued, or determined : as al(b of former Statutes repealed ordit continued,whether fit to be review- ed, and what are fit to be repealed. Any Member of the Houfe may ibid. qSgt a Bill for publick good,except it be for impofing a Tax : which ']$ not to be done, but by Order of the Houfe firft had. A private Bill that concerns a id.41. particular Perlbn , is not to be of- fered to the Houle, till the leave of the Houfe be defired, and the Sub* (lance of fuch Bill made known,ei- ther by Motion or Petition. It hath at fome times been ^xc^HAkppii der'd, That every one that prefer- '5S* reth a private Bill fhm d pay jivs founds to the poor ^ as in 45 Eliz.to- wards the end of the Farlitment^ when tliey were troubled with much Bufinefs, but it holdcth not in other Parliaments. Neverthelefs the Speaker huAScM^t libe^'cy to call for a private Bill to be H •1 ^^6 IbM. Id. 45. The proper Lai»Sy(^e. be read every Morning : and ufu* ally the Morning is Ipent in the firft reading of Bills , until the Houfe grow full. If any publick Bill be tendet*'d , the Perfon who tenders the Bill , muft firft open the Matter of the Bill to the Hou(e,and offer the Rea- Cons for admitting thereof: and thereupon the Hoafe will either admit, or deny it 7 Martii 1606. Mr. HaJiej be- ing affigned of a Committee to con- fer with the Lords , defired to be (pared,he being in Opinion againft the Matter it lelf. And it was con- ceived for a Rule,7i&^/ no man was to he imployd in any Matter^ that had declared himfelf againfi it i and the Queftion being put,it was refolvedy Mr, Hadley was not to he imployd. CHAP. and ufu- t in the iitil the he Bill , I" of tile the Rea- of; and II either Mey be- e to con- ed to be rt fligainft vas con- er^ that inft it i Jt,it was "tot to he 257 CHAP. CHAP. xxir. Triviledgc of'Tarliament. THE Privilcdge of Tenants ^^^ ^ ^^ in Ancient Demeliic mufl: -(^^jvsArgu-^ be as ancient as their Tenure and '^'^'"^'y?- Service/or their Priviledge comes^'ij^ip'.'iQ by rcaibn of their Service,and their *'r^"^- Service is knoun by all to be be- fore the C^onqueft, in the time of Edivard the ConfeQor^ and in the time of the Conqueror. Every man muft take notice of4infl. 23, all the Members of the Houfe re- •4- turned of Record, at his Peril. Othcruife it is of the Servant ia.24. of any of the Members ot the Houlc. A Member of Farliament Ihall id.42. iiave Pri\'iledge of Parliamcnt^not^^'^^^^''- only for his Servants , but tor his IJorJes^iiSc, or other Goods diflrain- able. S The 2%^ Scobtl 88. Ibid. Frwiledge of Parliament. ThePriviledge is due eunelo, m^ randoy redemdo^ for the Perlbns of Members, and their neceflary Ser- vants, and in (bmc Cales for their Goods and Eftatesalfo during that time. For their own Perfbns, they have been priviledged from Suit$^ Aneflsy ImprifonmentSy Attendance on Trials^ Serving on Juries , and the hke ; yea from being fuin- moned or call'd to attend upon a- ny Suit in other Courts by Sd- poena ferved on them. mki-DcM. He that doth Arreft any Mem- Vidtvyn ber of either Houle , during the Seffion of Parliament , fliall be iiiv }:riibn'd in the Tower ^ by the ne- ther Houfe of which he is,and fliall be put to his Fine ; and the Keeper d\{o^ if he will not deliver him when the Serjeant at Arms doth come for him by Command oi the Houle. T\\QServants tending upon their Majiers during Parliament , wlio are necefTary^ and alio fuch Officers as ibid. furifn. mm. ido^ mo- :r(bns of iry Ser- or their ing that > tacy n Suits^ tendance 's , and g fum- upon a- by Sd- J Mem- ing the I be inv the nc- nd iliall ' Keeper 'er him IS doth doi t!ie 3n their , who Officers as Frii/iledge of Parliament. 259 as attend the Parliament^ as the Serjeant at Arms^ the Porter of the Door, Clerks , and fiich like, and alfb their Chattels and GooJs ne- ceilary, are priviledged ,• ib that they ihall not be taken,or arretted by any Officer, if it be not in cafe of treafon or Felony, Generally the Priviledges of4in*^-2$^ Parliament do hold , unlefs it be in three Cafes, viz,Treafon,Felony,^nA the Peace. No Priviledge is allowable in ^ f^r^ifor. cafe of the Peace, nor in Cafe of45o. Convidion, ordifarnjingof Recu- fants. NoMInifterofthe Parliament , St. 5 Ed. 4. during forty days before,and forty ^" ^'''''"^' days after the Parliament finifli a, ihall be impleaded, vexed,or trou- bled by no means. That every Miniftef , as well ibid- Lords Prothrs as Commons):)^ dis- charged and quitted of all manner of Adions had, or moved againft them, or any of them, during the time aforelaid ; and this to endure for ever. S % Aptes i6o ■-■^ V ?5r Fric. . . .Alter that tiic ivicmbcrs arc re- turned, their Attendance is ib nc- cellary to the Pari/ amen f^tlvat they ouglit iioL jor any i3ufinefs to be ablcnii, and no one Pertbn can well be miit , lb tliat );e is a neccflary Member : and therefore if any die be tore tjje Parliamenty a neu' one Ihall ment, returns^ fi cy ne- ^s ne do'h alfents^ ■>ien m'ls^ ^evani U ejl'ieu en Number I eMJiie , el Mem- arrejl al , durant (7 entour Realm .- uts foits mmoners (el P.ir- > arcrc- is ib nc- iiatthcy Cs to be :an well eccflary ' any die nc'v\' one Ihall Trwiledge of Farliament. 1 6 1 Ihall be chofen in his place, (6 that the entire Number niay not fail : and then it tollov\'s,that the Perlbn of every fuch Member ouglit to be priviledged from Arreftat tlieSuit of any private Perlbn, during the time that he is bufied in the Aliairs of theKing and the Rcalm:anc^uch Priviledge has ulcd to be granted at all times by the Ki^g to the Commorfs^ at the Requeit of the Speaker of the Parliamenj- the firfl Day,©c. Cvmmon Refon njoit que jyitant que ibi J, k Roy^ & torn Jon Realm ad im In- tcrcfl en le Corps dechejcioi de dhs Members ; il femble que le privat Commodity d ujcun particular borne ne doit ejlre regard. Common Reaibn will Iiavc it , that foraiinuch as the King and his whole Reahii have an Intereft in the Body of every one of its Mem- bers,itfccmsthat the private Com- modity of any particular man ought not to be regarded. Cejl Court de Parliament efl pirns VM. S \ haut^'"''^^'^^- I a ^ ^ Frwiledge of Parliament, haut Court ^ (S ad pin for s Priv't- ledges que afcun auter Court del Realm ; pur que jemlle que en chef- cun Caje fans afcun Except ion.. chef- cun Burgefi eft privilege , quant lArreH neft forfque al Suit dm Suhje^, The Court of Parliament is the highefl Court , and has more Pri- viledges than any Court or the Realm : for which it (cenis that in every Cafe without any Exception, every Burgds is priviledged as to Arreft only at the Suit ot the Sub- jea. id. 6 1' Coment que le Parliament err a en le grant del Brief de Privilege^ uncore ceo neH reverfille en auter Court, Tho' the Parliament do err in the Grant of a Writ of Priviledge, yet it is not reverfible in another Court. .4/corf. 57. Futt dit per Dyer, que fi home n 153. foit condemne en Debt ou Trefpafiy & eft eftieu un des Burgeffes m Chi- valers del Parliament , (^ puis foit prife |3 ient. Ipurt riel en chef on.chej- quant uit dun \t is tlic ore Pri- : oi" the 5 that in ception, ;ed as to die Sub- ^ent err a rivHege^ en auter \o err ill iviledge, another fi home Trefpafi, 5 €u Chi' puis fo'it prife Pr iviledge of Parliament. 26^ prife en Execution ; // ne poet aver le privilege del Parliament : & if- fiftt fuit tenmper les Sages del Ley en le Cafe d un Ferrers en temps le ^^^omptou^ Hoy H. 8. ^'^ of King Henry the Eighth,and tho' \>artp. i the Priviledge at that time was al- <^^- lowed him, yet it was unjuft. Hill ®i Stukely les Fifcounts deoyo^i. Londrcs fi(er on t commit al Tower P'*^^- pur lour Contemts ; pur ceo que ils ne voil leffer George Ferrers , qu fuit arrefi fur un Execution^ dealer alarge^quant les Serjeants del Arms vient pur luy^ fans afcun Brief. . Hill and Stukely, tht Sheriffs of S 4 Lorh. I I IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 21 12.5 Imla H: 140 2.2 1.8 IL25 IIIIII.4 mil 1.6 ^^ /5 % *> ■> > .V Photographic Sciences Corporation 23 WIST MAIN STRKT WIBSTER.N.Y. 14SS0 (716) •73-4503 <9 K^^ s 1 2^4 Prizf Hedge of TaYliamenU London , were committed to the Tower for their Contempts,ior that they would not liiffer George Fer^ rers^ who was Arretted upon an Execution,to go at largc.w hen the Serjeant at Arms came for him, without any Writ. vii'r'm- Le lower Mefon del Parliament i?f>fj Cafe- ^^ ^ J. J. r 'j. a Moor tb. ^gfee^que entant que un jutt. arrejt^ ^<^on^6i.devant que il fu'tt ejlie Burgefi^ que il ne dolt aver le privilege del Me- Jon. The lower Houfe oi Parliament agreed, that in regard one vv as ar- reded, before he was cholen Bur- gefi, that he ought not to have the Priviledge of tlie Houfc. Fide FitZ'Geralds Cafe , Anno 1 6.|o. in Ireland. Vide 3 9 Hen. 6, Walter Clerks Cafe, 5 Hen. 4. Ri- chard Chidder 38 Hen.8.7j^;/(?w<^A/s Cafe, 43 Eliz. Belgraves Cale , ^^ Hen. 6. Ferrer s C^th in /-/a-^ linpead^i. 1^84. HYmmgi, Debt upon an Obligation,wherc- verfus ofthe Condition was. That if A. Kir ton, would render himfelf to an Arrejt in in vil( cou| rel tmenu ed to the ts,for that orge Fer. ^pon an u herr the or hiiTi, irl'iament it. arreflj 'gcfi, que ^ del Me- rliameut - vvasar- fen Bui" have tlic c , Anno • Hen. 6, . 4. /?/- ineman\ Cafe , in i%. ,vvhcrc- • // .4. Arrejl in r wmm Q^5 ftivtUdge of Parliament. jnfuch a flace^ &c, A pleads pri- viledge of Parliament ^1x^6. that be-^ ing Servant to luch a Member , he could not render himfelt to be ar- refted. Upon Demurrer, the O- pinion of the Court was tor the Plaintiff; for ^.might render him- felf , and let it be at their I'cril, if they will arreft him. Magijler Militia: Tenipli petit ^ 4 ^"^-M- quod dijlringat Catalla miius de Concilio^ tempore Varliamenti^ pro Reditu unim Domus in London. Rex rejpondet ^ non videtur honc^ jlum^ quod illi de Concilio fuo di Ihingantur Tempore Parti amenti • Jed alio Tempore^ &lc, Bogo de Clare ^ and the Prior of i^^icl' Trinity, tor (er\ing a Citation on j"^^"^^"'^' the Earl of Cormval in the Time Sir viw^w of the Parliament, committed to 1'^'*"^ the Tower, and Bogo^:it whole Pro-coi.i Uy^ curement it u as done,fincd m looo ^^^Tjl' Marks to the King.and a thouland Marks, pounds to be paid to the Earl. Andyet the (erving of the faidC 'i- 4 inft.24. ration did not arreft orrcllrain his Dodv: ' a66 Privikdge ofFarliament. Body : and the fime Priviledgc holdetii in Cafe oi Suhposna^ or o- ther Procets out of any Court of Equ/ty, ibid. Rex mavJavit fnfikiarm Juts ad Ajjifas^ ber upon an Execution ; and IFei- IjnM vvhofe Suit he was arreiled, u'cre brought to the Bar, and both com- an I:' ment. mprilbn- the Ser- V/illiam Suhpcem nber, at ^hilips a IS ferved he Court '^ean Ser- in a Wi- red tliat d be lent n d'Ewes of Lon- ommons , not de- lied lor 'jeant at I'/aiVleni- nd IVeh- irreiled, ind bod), com- frmiledge of Parliament. 271 committed Prifoners to the Tower: and the Serjeant at Arms attend- ing this Hoble was order'd to deli- ver them over to ihe Lieutenant of the Tower, 13 Maij 1607. Nicholas Allen^"^^' an Attorney, and Tdmer^dX, whole Suit Mr, Martin a Member was Out-law'd, order'd to be lent for by the Serjeant , and brought to the Bar to an(wer tlieir Contempt. An Attachment for Contempt ibid, being taken out of Ctece^ryagainft Mr. Belingham a Member : the Houfe order d to have Priviledge, and a Letter to be fent to Mr. Evelyn^ one of the fix Clerks , to (lay the Suit. Upon a PFr/^ direded to riieilp^- Sheriff to levy T\\ enty pounds If- (iies uponSir Robert Oxenhriclge for Non-appearance,itwasorder'd,7'fe.^ if the Iffues were not dijcharged before that nighty the Parties de- linquent to he brought next Day to the Bar by the Serjeant. 14 Maij I ^j6 Sir Edward Mon-\\y^^ tague 1 •> m 111 2 7 2 Prwiledge of Parliament. tague a Member of the Hou(e, was warned to attend a Trial in London^ which was to be had againft him,- and was by Order of the Houfe priv Hedged : and the Party that gave the Warning was fiimmoiVd to appear at the Bar next Morning. 2 1 Fehr. 1588. Order'd, That Vide sir tboje Members of the Houfe who iS. d'R-wts ly^y^ Occafion ofPriviledge {Writs Coll 2. ' ^/^^ifi pniis heiMg hr ought agatnfl them^j do declare their Cafe to the Speaker, who thereupon? fhall diretl the Warrant of this Uoufe to the Lord Ciiancellor , for awarding Writs of Superiedeas. Ibid. :j Alartij 18 Jac.i. Upon a Re- port from thecr^/ww/Z/d'f (appointed to coniider oi a way of flaying Trials af?,ainft Members of the Houie} tiiat by (everal Precedents tlie Cullom appeared to be in iiich Calcs, That on Motions and Orders in the Houfe, Letters were written to the Jujlices of Afize for flay of Trials againft Members of tht Houfe^ which Letters were enter d in tk menu >u(e, was London^ ift him; 3 Houfe ty that mmoiVd doming, d , That oufe who ? (Writs t againfi je to the \ll diretl (? to the awarding on a Rc- ^pointcd ' flaying J of the ccedents ein tiich d Orders ' written flay of of tht e enter d in TtwiUdge of Parliament. 3 7 in the -Journal-Book , and that it helongeth to the Clerk to write the fame, ft was thereupon Refolved, That the formgr Courfe of writing Letters to the JuHices of Affize , (boud he held according to former Precedents. 10 Junij 1607. Sir Robert John- .^ , fon a Member of this Hou(e,mov'd for a Letter to ftay a Trial againft him in the Exchequer ; which w^as granted(asappearethby the Entry on the i\th day, when a Petition of Sir Robert Brett was read againft that Priviledge.) The Priviledge formerly granted was affirmed,up- . on this Reaibn, That no man fhoud have any Thing to withdraw him from his Service in the Houfe. The like 14 Fehr. 18 Jac. i. The Priviledge of the Houfe is ibid, fo much infifted on , that it hath been a Qnti^^ionJ^hether any Mem- ber of the Houfe could conjent.that himfelf might befued^ during the Sefflon ; lecaufe the Vriviledge is not fo much the Ferfons.as the Hou- T (es : V 11 i.il % Ibid- i,. 274 frimledge of Farliantenf. fes : and tlierefore when any Per- (on hath been brought to the Bar for any Offence oi this Nature,the Speaker hath ulually, cliarged the I'erfon in tlie Name of tlie whole Houfc, as a Breach of the Privi- Icdge of the Houle. 3 Junij 1607. Sir Thomar, Hol- er oft a Member of tlie Houle, huJ occafion to (ue at Law , a^d w as lued, with which he was content, and dcfired the Leave of tlie Houfe: there was a Q^L.Uon.W/jether the Houfe fhoud %ive leave for a Breach of Frivilerlge : and it was relolved, The Houje r/t/ght give leave. id. v^5. -/ Alaij i6j7. Six Thomas Bigg and Sir Thomas Lovcht'm^ return'd u;:on an Attaint in the Kings Bench, it being moved , that in this Cafe they ought to liave Priviledge; it was lo order'd , and the Serjeant icnt with his Mace, to deliver the I leafurc of the Houfe to the Se- condary^ tlie Co/^rt fitting. zz Nov, I 59 7. Sir John Tracj a ny Fer- tile Bar ture,the g,ed the ■t whole 2 Privi- ^ar. Hoi- uie, hud ird was concent, iC Houfe: ether the e for a id It was \ht give nas Bigg return'd IS BeMchy :liis Cafe edge: it Serjeant iver the ) the Se- vn Tracy a Priwledge of Parliament. ayfy a Member oF this Houic, being at '^v^- the Common Pleas Bar, ro be put ^'^^^f, upon a Jury; the Serjeant at ArmsJ<'ur,<^6o. was prefently lent with hi:: Mace ^°'^* to fetch him thence, to attend his Service in the Houle. Apr, II Jac. I. Sir William ScM 96. Bampfeld was coaimitted by the Lord Chancellor tor a Contempt , after the Writ of Summons, but be- fore the Election. Order'd 'ipon the Queftion, That he jhall have his Friviledge hy Writ of Habeas Corpus. I Jac, I. Seff,2., Sixjohn P€ytonx^\^, return'd Knight tor Cambridge the laft Sejfton^ and fince cholen She- riff; KdiohoA^That he Jhall attend his Service here. i8 Martij is^i. During this ^^ro^^^^'s SeJfioH oi Parliament (bme wrong "^"'^'"^^^ was offer'd to their ancient Privi- ledges, a Burgeji of theirs being Arrefted : whereof the King un- derftanding, not only gave way 'to their releafinghim, butPuniih- ment of the Offenders ; inibmuch T % that "2^6 Scobel 112, 113. Vide Moor fo, 540. n. 461. Fitiber- btn\ Cafe. Vide Sir S. d'Evpts Jour. ^19, 480,490. Col. 2. Frwiledge of Parliament. that the Sheriffs of London were committed to the Tower^ and one Delinquent to a place call'd Lzttk Eq/Cj and others to Newgate, z Martij 15 91. Upon a Report li'om the Committee of PrivileelgeSy Ihat one Mr. Fitzherbert was re- turn d a Btdrgefly aud accepted a- gainHJbecauje be was alledged to he Outlaw d , and detain d upon Juch Outlawry : I'he Houle order'd,77;j/ Mr, Speaker Jl^oud move the Lord i\eepcr/man to Newgate. Sir Ho- ler t Leigh was lent tor by the Ser- jeant., and an Habeas Corpus for the Prifbner. Sir Robert Leigh be- ing brought to the Bar , acknow- ledg'd his Fault^and was difchargcd, and 16 was the Prifbner. ^ 5 Martij >c6. Valentine Syre Servant aac^ Bag-bearer to the flerk of the Commons Houfe., being -arrefled upon an Execution,was by Order and Judgment of the Houfe enlarged. ...,..' 7 Sept. i(5oi. IVoodal Servant Coil' 1 96, of Wi/liam Cook E(q;a Member of o5,2io. the Houfe being nrrefted , and in Pri' n Prif dt J. If ml the dia froi m brc '^i Sir Ho he atb toe tll( St W( dll tb M P9. fr liamoit, rcftcd ; he > to be his let him rdcr'd him d therefore ertff to di(: ir Eehvard 1 of Privi. ?/^a Juftice fitting his Sir Ro- by the Ser- Corpus for t Leigh be- , acknow- difchargcd, /^ . m Mine Syn -r to tlie W/./>•. 542. dible Report of divers Members of ^°^!: j the Houfe, was affirmed to be cho-vid.Pftjfr len ^ Burgejs hx the Borough of ^'/j"^^^* Newton in Laricafl)ire^ but not yet ^' '^^ ' return'd bv the Clerk of the Crown) had ■i I ^^^/^^A (war- ranted by the general Order )at the dcfire of Sir Edmund Ludlow^ who uas (ummon'd to attend the Exe- cution of a Commiffion out of the Chancery, wvit a Letter totheOw- mijfmter^ I "^ menu Item So- Solicitor lizahetk Hch was , accord- • »^, a Suit Court of ^ots Efq; It. Com» concern- Servant ijfignee of r writ a to make nsClerks^ / that the rrantalle nd prayd 9j'it, raiment id hi (war- ier )at the Uoiv^ who the Exc- )ut of the I the Com- I ¥ri*vikdge ofParlitmefJt. 2^1 miffioners to excufehis Attendance, and that he ftiou'd not be prejudi- ced by his Abfence. Iw May 16. .7 .during an Adjourn- ibid. ment ^tho, Speaker dircdcd a Letter ioihQ Lord Prejident and Comcil at fork, to ftay Proceedings in a Suit againll talhot ^ committed to the Tower. 28 N(5'z;.r6oi. Complaint being Ibid, made by Mr. Fleetwood a Member '^"^"i^^''^' of the Houfe, That one Holland a vide sir Scrivener , and one Brook his Ser- s. d'Ewes vantjjad evil intreated and he at en ^ol^i/ the Servant of the faid Mr, Fleet- wood in his Prefence ; they w ere both lent for by the Serjeant^ and V 2 brought I, api Fri wiledge of Parliament. brought to the Bar; and for the faid Offence committed for five days to jthe Serjeant, And that they fliould pay double Fees. Mmorkis, 1 2 Fein 1 8 Jac. I . Mr. Lovel, a Member of the Houfe , informed, That one Darryel threatned his Perfon^ that for a Speech fpoken ly him in the Houfe , hefhoud he fent to the Tower during the Parlia- ment^ or prefently after. Darryel was fent for by the Serjeant to an- flver it to the Houfe ,• and upon Teftimony of it, he was commit- ted to the Serjeant till Thurfday foilowing,and tlien to acknowledge his Fault, or be committed to the Tower. 1 6 Jun,i6o,:[. Complaint being made ot one Thomas Rogers a Cur- rier, dwelling in Coleman-flreetyiov abufing vSir John Savill in flander- ous and unfeemly terms, upon his Proceedings at a Committee in the Bill touching Tanners^ &c, he was lent for by the Serjeant at Arms to die Bar, to anf wer his Offence. I Car,i, em. :he faid days to Ihould ^jyvel^ a form'd, ed his oken hy he fent Tarlta- Darryel t to an- i upon ommit- hurfday )wledge 1 to the It being a Cur- reety for flander- pon his ? in the he was Anns to nee. Car.i. : Friviledge of Parliament. ap^ I Car. I. The Sheriff for the4M-45- County of Buckingham was chofen Knight for the County of Norfolk^ and return'd into the Chancery; and having a Sulpmna ferved upon him at the Suit of the Lady C, pendente ParliamentOy upon Motion, he had the Priviledge of Parliament 21- low'd to him by the Judgment of the whole HoufeofCcmmons, 43 £//2.i6oi.This day a PageTomfcoii. was brought to the Bar, whom Sir yfdcSjr ^ Francis Haftings had cauftd to bq d^Ems committed, for that as he wentZ^f^^^' down the Stairs, the Page offered to throng him. But xv^onSlt Fran- cis Haftings his Intreaty, fpeaking very earneftiyfor himjand upon the Pages fiibmiffion upon his knees at the Bar, he was difcharged. 44 Eliz, 1 6o I Mx William Morris Tomfccil. Burgefs for fi^^«;w^w,comingonvid.sir5. his way to London^ his Man wasar- d'Ews refted at ShremhuryOxdQr:'A,That^^{^'^^' the Bayliffy and he that procured thd Arrefty and the Serjeant he fent for, V 3 44 Eliz. i'\ i: ; •.'•I ^i ^?, t .1 \i > ,' oip^f. FriT/iledge of Parliament. Tovrnf.coiL ^^ EUz, i6oi.Thc Solicitor of *'^**^ * one Langton a Burgefi tor Newton in Lancafhire was arretted at the Suit of one Musket a Taylor, and committed to the Compter. Agxt&i by the Houfe , That both Musket and the Scrpdint (hou J pay the Soli- citor s CoHs and Damages , and he imprifond three days in the Serje- ant' j" CuHody^ and to pay the Ser- jeant at tendingthis Houfe his Fees, Riijh.coii. Tlie Parliament (liall not give *^^'?' Priviledge to any contra morem Parliament arium , to exceed the bounds and limits of his Place and Duty. And all agreed,77^^/^ regu- larly he cannot he compelled out of Parliament to anfwer things done in Parliament in a Parliamentary Courfe : but it is otheru ife where things are done exorbitantly , for thole are not the ABs oi the Court, ra 2d Fart i6 Car, i. Relblved , That the Vol 1 147. ^^^^^ voting the propounding and declaringmatter of Supply, before it ivas moved in the Houfe of Commons^ was a Breach of Priviledge of the Houfe, No mem. icitor of * Newton ed at the y lor, and ^ Agreed ) Musket the Soli" s y and he he Serje- the Ser- his Fees. not give ra morem ceed the Place and hat yegtt" He d out of %s done in amentary ife where itly , for :he Court, That the 'ding and ', he fore it Commons^ k of the No Friviledge of Parliament. a p ^ No Priviled(te is allowable in ^ ^^^f<^^ Cafe of the Peace betwixt private * men, much more in Cale of tlie Peace of the Kingdom. Priviledge cannot be pleaded a- ibid, gainfl: an Indictment for any thing done out oUTarliament^ becauleall IndiSlments are contra Pacem Do- mini Zegis. priviledge of Parliament is grant- ibid, ed in regard of the Service of the Commonwealth^ and is not to be u- (ed to the danger of the Common- wealth All Priviledge of Parliament is ^^i^* in the Power of Parliament ^ and is a Reftraint to the Proceedings of other inferiour Courts, but is no Reftraint to the Proceedings of Parliament, Dec, 1 64 1 &t£o\vtdi,that thefet- 2 vd^on. . ii e. 729. ting of any Guards ahout this Houfe without the Confent of the Houfe^ is a Breach of the Priviledge of this Houfe ^ and that therefore fuch Guards ought to he difmijfed. Refolved upon the Queftion,»e-icl.74' V 4 mine 9p^ Ibid. " Si Ibid* 2 KAlfon I Pn;g commanded liim toeled; one was Fort A the . the, the in V lian the tun the fev( a ^ \Pai ; reti it > rea Kn that he in that to be true; fwy» from [as objefl. /aivee/ in He was licti Debt )i Eltz. at /. which vithftand- is Comcel is Jiddges ^ries, and '(if of the g/^^ in the le /^d-//^/-^ icaufe the ?«/ £)cw/- for other ^ ell cog- ; was Ini' liament , 1 to eled: one APPENDIX. 301 one other Kmght in Ills room, which tVrit was executed accordingly, and Sir John Forte/cue elected. And at the day, to wit, the firfl day of the Parliament both Writs were return'd, the/r/? with the Indenture {ealed,betu een the Sheriff ^nA. the Freeholders oi Bucks , in which Sir Francis Goodwyn and S'vcWiU ': liam Fleetwood were eledted Knights for the Parliament ; and alfo the Sheriff re- turned (upon the Dorfe of the Writ ) that the faid Sir Francis was Outlawed in two feveral Outlawries^ and therefore was not a w^^/ Pf /y^» to be a Member of the Parliament Houfe : Thtfecond Writ was returned wdth an Indenture only, in which it was recited. That Sir John Forte/cue, by reafon of the (econd Writ , was eied:ed Knight. Both thefe Returns were brought the third fitting of the Parliament to the Par- liament Houfe by Sir George Copping^^'m^ Clerk of the Crown, And after t\\3Xt\\t Writs ^nd Returns of them were read, it was debated in Parlia- ment^ WlK'ther Sir Francis Goodwyn ftiould be recei\Td as Knight for the Parlia/r^enty or Sir John Forte/cue, And t! Hi 301 APPENDIX. I And the Court of Parliament , after a I long Debate thereupon , gave JudgmentX That Sir Francis Goodwyn Inould be receiJ ved ; and their Realons were thefe : I //rf?, Bccanle they took the Law to I be, that an Outlawry in Perfonal Adionsl was no Caule to Difahle any Perfon from I being a Member oi Parliament : and it I was laid, That this was Ruled in ParliaA went 35th ot Queen Elizabeth in the ParA liament Houfe in a Gate lor one FitzA Herbert. Another Prcildent was 7^() H 6, \ Secondly^ Tlie Pardons of the 39th of Queen Eliz. and 43 Eliz. had pardoned thoie Outlawries : and therefore , as they faid, he was a Man able againft all the World, but againft the Party Creditor, and againft him he was not. But in this Cafc the Parties v\ ere paid. Alfo Thirdly^ It was {aid,that Sir Fran- cis Goodwyn was not Outlawed ^ becaule no proclamation was ilFued forth to the County of Bucks , wliere he v\ as Commo- rant and Rejtant : And thcrerore the Out- (awry being in the Hufiings m London , and vSir Francis Goodwyn being Commorant iffu Wfi voi we £ \\ to til Si ti n F h , after a Judgment Id be recei* lefe : he Law to lal Adions rfon from nt : and it in Parlia- in the Par^ one Fitz- 6. he 39th of pardoned re, as they inft all the 'red/tor,ar\d in this Cafc It Sir Fran- , becauie no th to the ^as CommO' re the Out- in London , Commorant AP PENDIX. 303 in 5«cii , tlie Outlawry (no Proclamation ilFuing to the County of Bt4ksj was void by the Statute of the 31.1 of the Quee»^ which in fuch Cafes makes the Outlawries void. Fourthly^ It was (aid that the Outlawries were I. Againft Francis Goodwyti, ECq; z. Againft Francis Goodwyn , Gent. and 3. The Return was of Francis Good-^ wyHy Kt. Et quorriodo conftat , that thofe Outlawries were againft the (aid Sir Francis Goodwyn ; for thele Rcaibns alfo they Refolved that the Outlawries were not any matter againft Sir Francis Goodwyn to diienable him to be a Knight for the County of Bucks, Fifthly y It was (aid, That by the Sta- tute of 7 H. 4. which prelcribes the man- ner of the Election of Knights and Burgef- fes^ itisEnaded, That the Ekdion Jhall he ly Indenture between the Sheriff and the Freeholders, &c. that the Indenture Jhall he the Return of the S her if. It who, being Out- lawed^ w as adjudged that he Ihould be Pri- viledged by Parliament ^ and at that time the Lord Chief Juftice Popham was Spea- er. And 3. In the 35'th of Elizabeth ^ there were three Prejidents , jcil. one of Fttz- herhert^ another of one Killegrew^ being Outlawed in 5 1 Outlawries ; and the third of Sir Walter Harecourt^ being outlawed in eighteen Outlawries, - But after this Sentence and Judgment of the Parliament , the King's Highnefi was difpleafed with it, becaule the iecond Writ emanavit by his Ajfent^ and by the Advice of his Council. And therefore it was moved to the 7^^/^fx in the Vpper Houje^ Wlictlicr a Per- fin X. TrefidenU licet ^ !6.vvhere a fijfficient E/iz.znd A^as a man r , and of one F/uJd )eing Out- Id be Fri- that time was Spea- th , there z oi Fitz- 'ew, being i the third outlawed tdgment of ;^;/^y? was :ond Writ he Advice d to the licr a Fer- fin APPENDIX. 305 yj;^ Outlawed could be a Memher oiParlia- ment^ who gave their Opinions that he could not. And they all, except WilU^ ams^ agreed that the Far don without a Scire facias did not help hiin, but that he was Outlawed to that purpoie, as if no Par- don had been granted. And upon this the Lords (ent to the Lower Houfe^ Defiring a Conference with them concerning this Matter ; which Con* ference the Lower Houfe^ after (ome deli-^ beration, denied for thefe Reafbns : Becaufe they had given their Judg* I. ment before, and therefore they could not have Conference de re Judicata ; as in like manner they did 27 Queen Eliz, upon a Bill which came from the Lords^ and was rejedled by Sentence upon the firft Read^ ing ; Sir Walter Mildmay being then of the Privy Council^ and of the Houfe, 2. Becaufe they ought not to give any .^fC(?w/>^ of their Anions to any other Per- (on, but to the King himfelfi This Anfwer the Lords did ill refent , and therefore refufed Conference in other Matters concerning Wards, and Refpite of Homages and Purveyors ,• and alfo X they n I ,?'■ th w 30^ APPENDIX. they ient to die King to inform him of it: but before their Mejfengers came to the King, two of the Privy Council ^ fcilicet ^ Sir John Stanhope^ and Sir John Herbert^ were fent to tiie King by the Lower Houjiy to inform him that they had heard that his Grace was difpiealed with the Houje tor their Sentence given for Sir Francis GooJwyn^ as well as in the Matter of the Sentence , which was , ( as they heard) laid to be againft Law ; as alio for the manner of their Proceedings , be- ing done haftily , witliout CaUing to it eitlier Sir John Fortefiue^ or his Council^ or witliout making his Grace acquainted with it. And therefore they defired his Grace to underftand the Truth of this Matter , and alfo told him that They were ready, with his good leave, v\ itli their Speaker^ to attend his Ma]efly to give him 6"^- ti^fadion about their Proceedings, But the King told them they came too late , and that it ought to have been (lone Iboner , calling the Houfe Rajh and \ J hiconftderate ; but yet notwithftanding he was content to hear their Speaker ia tlic h d tl e 7 5 c { X. 1 him of it: ime to the i/, fcilket , hn Herhrt^ the Lovott Y had heard i with the '^en for Sir the Matter , (as they iw ; as alio edings , be- dUng to it his Council^ e acquainted 1 i1 APPENDIX. 307 the Morning at Eight of the Clock. Upon this Mellage Committees were cholen to confider of the Things and Matters aforefaid, wliich Ihould be ddi- vered to the King in Satufa^ion oi the Sentence given by the Houfe ; which af tei « wards were confider'd oF, and digeiled by the Speaker , and Committees in Three PmntSy viz. 5 I. In the Reafons and Motives of their Refolutions. X. In the PreJiJettts^which were thofe I before have reported, 3. And in Matters of Law. his Grace liis Matter^ vere ready, cir Speaker^ him Sa- they came o have been Which were thole Matters of Law alfb before reported by me ; with another Ad- dition. That in the time of Henry the Sixth » the Speaker of the Parliament was Arreft- ed in Execution at the Suit of the Duke of Tork ; and the Queftion being put to the ufe Ralh and J^^?>'^^ ^^ ^^^^^ ^^^^^^ > Wliether the Speaker vithftandlng ^ <^^ught to have his PrivileJge : It was Speaker ia ^^^^ ^^y ^'^^'^^ 5 ^^-^^^ ^'-'9' "^^''^ Judges of " ^i /Af Law, W ;/,l! ;• 4 APPENDIX. and the 308 The Reafons and Motives were free Eleilion of the County , the Requeft of ,one of the Houfe , the double Return of the Sheriffs with a Commemoration of tlic length of the time fince the Ouu lawries , and with that the Payment of the Dehts. To this Report the King anfweredjThat he now ought to change his Tune which he ufed in his firft Oratton^fcilicet^hankJ' giving , to Grief and Reproof, But he laid, That it was as neceilary they fliould be Reproved,as Congratulated ; and there- fore he cited a parcel of Scriptures^ wherein God had fo done with his People Tfrael, nay, with King David, the Peo- ple whom iic tendered as the Apple of his Eye^ a fid David, who was a Man after his own Heart. fc tc tJ tl: B fi( b di Ci h( IP la tr te He (aid , That fince Sir Francis Good- ^' ivyn was received by the Houfe upon Rea- Ions and Motives inducing the Houfe thereunto, lo the King upon Reafon too, took confideration of Sir John Fortefcue^ hcing one of the Council, an ancient Coun- fellor ,• a Counfellor nut cholen by the I ^ Kifig, but by [lis Fredecejfors , and fo he | ^ found w D h \ m were the he Requeft ble Return nemoration the Out- merit of the wered,That Tme which ket^hankj" But he they fliould ; and there- Scriptures , 1 his People \ the Peo- ipple of his kan after his rancis Good- b upon Rea- the Houle Reafon too, ;» Fortefcue^ \ ncient Coun- \ [en by the| , and fb he \ found APPENDIX. 309 found him ,• and therefore he endeavoured to grace him, being the only Man of them that had been difgraced ; the King protefting that he would not for any thing in the World , offer unjujlly any Difgrace to any Man in the Nation. Be- fides, he did not proceed Raflily, as they had proceeded, but upon Deliheration u ith douhle Advke , as well with that of his Council^ as with that of his 'Judges. And in his Anfwering the Prejidents , he laid, That thofe were his o\\ n proper Records^ and to uft them againft ///w- felfw^s over-great Weenings : But in Pre- fidentSy he faid, that they ought to re~ fpe^ Times and Perfons ; and therefore laid, That Henry the Sixth's Time w as trouhlefome^ he himlelf Weak and Impo- tent, And as for the other frefidents , they were in the Time of a Woman ^ which Sex was not capable of Mature Deliheration ; and fo he laid where Infants are Kings , whom he called Mi- nors, For the Law party he referred to the Anjiver of his Judges , who by the Lord Chief JuHice gave thele Refolutions , X 3 they 1.!' li n ,. II 310 APPENDIX. they all unanimoufly agreeing in Them. I. That the King alone y and not the TarliameKt Hottfe^ liad to do with the Returns oi the Members of Parliament'^ for from him the Writs iflued , and to him the S her/ ff is commanded to make his Returns ; but w hen a Man is Return- fJavA Sworn, the Parliament Houje hath to do Willi Him^ and the Sheriff ou^ht to Return the Outlawry y ii he knew it before his Return. I b) ; th in 2, They RefolveJ clearly, That an Out lawed Per fen cannot by the Law be a Member ot the Parliament Houfe ; but[i for that Cauie the King might Refufe the| Return of Him , and for that Caufe he| w as removable out of the Houfe. And therefore the Lord Chief JuHice (aid , Tiiat in tlic 35'th of Henry the Sixth it was fb Adjiidgcrl in Parliament ; which' anivvers tiie Prefidents vouched by the Commons of that time. And alio he (aid, 11iat in i\\Q firfl year of Henry the Se- venth it was Adjudged in Parliament^ That Perfons Outlawed i^x Attainted couli not b a V y f t in Them, id not the u'ith the arliament ; ?d , and to ^d to iTidke is Return- Houje hatli /^ ought to rvv it before That an Om ? Law be al Houfe ; but! It Refufe the at Caufe he ^oufe. Andl ('^///c^ faid the Sixth itl mit ; which :hed by the alio he {aid, yiry the Se- f arliament , ainted could not APPENDIX 311 not fit in parliament without Reflitution by ^^ of ? arliament. And he (aid, That thougli the ^MV3s vvrit- merJIed M ith the ten in/^i>'ffc;w£;;f,and fo deliver- .^. ..j-.. „ tdtotheC/3«na7oftiic/ci?!^,wot ^f^^rijj s tietum or as Farliament m^n , but Kf/>yf. MemhcKS Of P^^f/'- j| ^ fentirjg the /CJ>i^*> Pcrfon, and a C^py thereof was kept in Ai N a b i jj^^ liamenty being but one /a///^ oi the i?^//y , the Lords being one, and the Principal Part of the Parliaments Body. As to that They Anjwered , That all Writs for tiie Election of Menilers or Par- liament were returned into the Parlia- ment Houfe betore 7 //^w. 4. :'' at which time it was Enatied ^ That all liich Re- turns ouglit to be made in Chancery^ and " that \\\ X. of Parlh^ gilt not to the Parlia- dd ftot con- 'Appointed c Reafons to tiic SatiC APPENDIX. ' tU mmittee by Commons , ^ion toJlow- 5»5 [that appeared by the Records from the Time of Edward the Firft , until the fiid jYear of the Seventh ot Henry the Fourth. I And therefore the Parliament iiiiill o\ I /sTa'^j^// have only mcdlcd with the Re- I turns till the making of tlie (aid Statute ^ of the Seventh of Henry the Fourth , ^i i which time the place of the Return w as alter'd, and Enadtcd to 1 c in Chancery , but yet that did not take a\v'ay the ju- rifclid:ion of tliC Parliament to meddle with the Returns ol tlie Mtmlers of Par- liament , but that remained as it was be- fore : And this was manifeji as well by Reajon as by VJe. For tliat Court is to meddle with Returns , \v here the Appear- ance and Service oi Members is to be made and ufcd ; But in the Farliament only the _.., ,.^ Appearance ^nA Service are to be made ^art of the i ^"d uled, and therefore in the Parliament only are the Returns to be examined and cenfured. Likewife ever fince the making of the faid Statute of the Seventh of Henry the Fourth , the Clerk of the Crown attends the Parliament every day till the end of it, with all the Writs and Returns :,d.nA at tlie the Houfe] That they ^ M irh the ■ s Return of 'rs of Par- \ being but ilf oi the the Lords all! , That krsofP^r- i he Parl'ia- [^ at which l\ ihch Re^ ncery^ and " that Ix 91^ AF PENDIX. the end of the Parliament^ he brings thcml A into the Petty Bag. Itwo. 1 lie Vrejulents alfo do warrant this in| \^ tcrmedhng with Returns ment , as in the Twenty ninth of the Queen^ a Writ ifiiied forth to the Sheri§ of who made a Return be- fore the day into Chancery , and the Chanceilour upon that /^f/^r^ containing fiich matter, as this Writ now contains, lent 'A fecond Writ to *- (aid Sheriffs vv ho tiiereupon made a ... Election , and that jecoml Writ was alfb returned , and both the f'r/'i/i and Returns brought into Parliament ^ and there Cenfured hy the Parliament^ That the firjl Jl?ould fiand ^ and that the fecond Eledion was void i and that the Chanceilour hath no Power to award a fecond Writ , nor to meddle with the Return oi it ; and divers other Vrefidents were fliewn by the Commons to the (aiRc Effect^ videlicet^ In the Nine and twentieth of Queen Elizaleih One. And in tlie Three and fortieth of Queen | ir Elizabeth another- i c And I d [rings them in. int this lie Par//4, m of tliel Hie Sf;enj^ leturn be and thel ^ntaining f contains, \ Sheriffs ^ion^ and ^ned ^ and! >ught into d hy the Id Hand^ I'as void '^ tio Power o meddle ers other nimom to ^f Queen | )f Queen ^nd APPENDIX. 317 And in the Thrity fifth of the Queen two. Whereof one was upon the Return of the Sheriff, that the Party firft ele^ed was Lunatick , and thereupon the F^r- lament examined it, and upon Examtna* tion thereof they found the Return true , \ and gave a Warrant for another Writ. hs to the Matter^ that they were but One half qH the 5^<^ ; to that they faid, that though in the znaking of Lavos they were but an Half Body , yet as to Cen- faring of Priviledges , Cufloms , Orders , and Returns of their Houfe^ They were an Entire Body ; as the Vpfer Houfe was for their Priviledges^ Cufloms and Orders^ which Continual and Common Vfage hath Approved of. As to their Charge of liaving u(ed Fr^- cipitancy and Rajhnefi ; they Anfwered^ That they ufcd it in (iich a Manner as in all 0//?^r C^y they were wont to do , fcilicety To have firft a Motion of the Matter in Contr over fie , and then they caufed the Clerk of the Crown to bring the fecond day the Writs and Returns , and They being ; I t I i y 318 APPENDIX. being thrice read, they proceed to the| Examination ot them, and upon Examin, tion gave Judgment which was the true| treter Cvurje ot the Place, As to the HoHJes not having uled the King well ^ the thing being done by his Command ; tliey lay, That they !iad no )>^otice before tiieir Sentence , that the King hiriilcif took any (pcy ial Reguid of that Caje , but only that liis Officer^ the Chancellour , liad iliredted ih^fecond Writ as formerlv had been done. As to the Matter ot the Outlawry^ Thej ftid , That they underftand by iiis Royal ferjon more ilrcngth and liglit of Rea- fen irom it than ever betore : and yet it was ivithout Example , Tliat any (Hemher ot the HoHJe was put out of the Houfi tor any tuch Cai^je ; but to prevent that, the\^ had prepared a Law , That no Out- lawed Ferjon for iiie tune to come Ihould be of tilt FarLament ^ nor any Fer fin in E,\ cent ion iliouid have Lie Friiiledge ot Farlhunt^nt I Goo^ his aBi bee an] \va CCi cei ,- wa pa to Fc ed ri: d( F h d. But[ \ It k. liH X. eed to the n Examtnul s the true g uled the Diie by his cy liad no that the I Reg^.d of Officer^ the fecond Writ Idwry^ Thej r his Royal It of Rea- and yet it x\y Member ' the Houjt ^event that, hat no Out- ome Ihould { Perfon in '/liledge of But APPENDIX. 519 But they faid further, That Sir /r^^ri Goodvoyn was not Outlawed at the Day of his Eletiion , for he was not Quinto Ex^ alius , the five Frolamations never had ^ been made, which Proclamation they in ; London alv\ ays (pare, except the Party^ or any tor liim, require it ,• and that Exigent ■: w as never Returned , nor any Writ of Certiorari dircdlcd to the Coroners to certifie it , but after his Eletiion , which , w as a thuig umfual , the Money being paid, the Sheriffs being long fince dead , to Dijenahle the laid Goodwyn to fcrve in Parliament^ that the Exigent wvs return- ed ^ and the Names of the deccaled She- riffs put thereto Et ex hoc futt without doubt that Goodwyn could not have a Scire Facias^ for there uas no Outlawry againft him , and by Confequence the Pardons had dilcharged han. And Ihey farther fliewed to the King , That if the Chancellour only couli examme Returns^ then upon every Surmife, whcthQr it w ere True or falje^tht Chancellour might fend a Second Writy and caule a New Ele» ^ clion to be made ; And thus the Free Ele- tlion ;■ (• gio APPENDIX. (lion of the County fliould be Abrogated which would be too Dangerous to the Com^ monwealth. For by fiich means the King and his Council might make Any Man , whom thej would^ to he of the Parliament Houfe^ a- gainft tlie great CfiattCC and the Liber- ties of England, m I! i if F I N I S. rx. Airogated\ to tbe Com ng and his , whom thej ^ Houfe^ a- the Liber- 1*