CHAP. I. The maner of chusing a Speaker in Parliament.

THe day the Speaker is chosen, the Proceeding hath been in this maner: Some persons (when the generality of Mem­bers are come and sit) doth put the House in minde, That for their better proceed­ings in the weighty Affairs they are come about, their first work is to appoint a Speaker, and recommends to the House some Person of fitness and ability for that Service and Dignity, which usually hath been one of the long Robe. If the House generally give a testimony of their appro­bation, two of the Members (which for the most part were of the Council or chief Officer of the Court) going to the Gen­tleman named, and agreed to be Speaker, take him from his Place and lead him un­to the Chair, where being set, they return to their places.

If more then one person be named for Speaker, and it be doubtful who is more [Page 4]generally chosen; sometimes one of the Members standing in his place, doth by direction or leave of the House, put a Question for determining the same.

In the first Session of the Parliament 1 ^o Jacobi, Sir Edward Phelips the Kings Serjeant at Law was first named by Mr. Secretary Herbert, as fit for that place, in regard of his knowledge of the Laws, the gift of Utterance, his long experience and practice in Parliament; after some silence, the names of others were menti­oned, but the more general Voice ran up­on Sir Edward Phelips, who thereupon stood up, and made a Speech to excuse and disable himself; but the House, not­withstanding his excuse, was willing to proceed to a Question, and directed the Clerk, sitting at the Board, (as the Order is before the Speaker be chosen, so it is entred in the Journal of that Session) to make the Question upon his name: viz. All that will have Sir Edward Phelips Speaker, say, Yea, &c. Which done, and he being by general Acclamation chosen Speaker, he was by Sir John Herbert and Sir Edward Stafford (leading him as the form is) placed in the Chair, the ancient Seat of Speakers: where being set, after [Page 5]some silence he stood up and made a gra­tulatory Speech of Form and Thanks.

The first Business in the House is ordi­narily to read a Bill that was not passed in the last Parliament preceding, or some new Bill; as, in that of 1 ^o Jacobi, a new Bill, Entituled, Touching Common Recove­ries against Infants, was read.

But on that day before that was done, there was a Motion made for Priviledge of Sir Thomas Shirley, who was chosen a Member to serve in that Parliament, but detained by an Arrest; upon which a Ha­beas corpus was awarded, and the Serjeant that arrested him and his Yeoman sent for, and a Committee for Elections and Priviledges chosen.

CHAP. II. Decorum to be observed in the House.

WHen the Speaker is set in his chair, every Member is to sit in his place with his Head covered.

No Member in coming into the House, or in removing from his place, is to pass between the Speaker and any Member then speaking; nor may cross or go over­thwart the House, or pass from one side to the other while the House is sitting.

No Member is to come into the House with his Head covered, nor to remove from one place to another with his Hat on, nor is to put on his Hat in coming in or removing, until he be sate down in his place.

While the House is sitting, no man ought to speak or whisper to another, to the end the House may not be inter­rupted when any are speaking; but every one is to attend unto what is spoken: In which Case, Penalties have been imposed; as 4. Decem. 1640. and at other times.

When any Member intends to speak, he is to stand up in his place uncovered, [Page 7]and address himself to the Speaker, who usually calls such person by his name, that the House may take notice who it is that speaks.

If more then one stand up at once, the Speaker is to determine who was first up, and he is to speak, and the other sit down, unless he who was first up sit down again, and give way to the other, or that some other Member stand up and acquaint the House, that another was up before him, whom the Speaker calls, and the House adjudge it so.

While one is speaking, none else is to stand up or interrupt him until he have done speaking and be sate down, and then any other may rise up and speak, obser­ving the Rules.

21. Junii, 1604. It was agreed for an Order, That When Mr. Speaker desires to speak, he ought to be heard without inter­ruption, if the House be silent and not in dispute.

12. Jacobi, It was vouched by Sir Dudley Diggs, (a person of much experi­ence in Parliaments) That when the Speaker stands up, the Member standing up ought to sit down.

27. April. 1604. Agreed for a Rule, [Page 8] That if any Question be upon a Bill, the Speaker is to explain, but not to sway the House with Argument or Dispute.

June 4. 1604. Agreed for an Order, That whosoever hisseth or disturbeth any man in his Speech, shall answer it at the Bar.

7. Maii, 1607. Ordered upon the Question, That in going forth, no Man should stir until Mr. Speaker do arise and go before, and then all the rest to follow after him.

CHAP. III. Standing Committees.

IN Parliament there have usually been Five Standing Committees appointed in the beginning of the Parliament, and remaining during all the Session; other Committees were made occasionally, and dissolved after the Business committed unto them was reported.

The Standing Committees are for

• Priviledges & Elections.
• Religion.
• Grievances.
• Courts of Justice.
• Trade.

The Committees for Religion, Grie­vances and Courts of Justice, are always Grand Committees of the House, which are to sit in the Afternoons upon such Days as the House doth appoint to them respectively.

The Committee for Trade hath some­times been a select Committee particular­ly named, and all such Members as should come to it, to have Voices, as in Novem­ber, 1640. Sometimes a Grand Com­mittee of the whose House, as 21. Iacobi.

CHAP. IV. Power and proceedings of the Com­mittee for Priviledges.

BUt the Committee for Priviledges and Elections hath alway had the precedence of all other Committees, being commonly the first Committee appoint­ed, and ordinarily the first day after, or the same day the Speaker did take his place.

This Committee is constituted of par­ticular Members named by the House.

21. Iacobi, Upon naming a Committee for Priviledges and Elections, a Motion was made, That all that come should have Voices: but Sir Thomas Crew then Speak­er (and well versed in Rules of Parlia­ment) minded the House, That by the Orders of the House, that was not to be done; and by divers other Members it was insisted on, to be contrary to all for­mer Presidents; yet upon the Debate a Question was put, Whether all that should come should have Voices at that Committee; and it passed in the Negative. And another Question being put, Whe­ther [Page 11]the persons nominated onely should be of that Committee; it was resolved in the Affirmative.

It was then also agreed, That Council should be admitted at that Committee.

The Power anciently given to this Com­mittee, appears by the Entry in the Journal Book 26. Feb. 1692. in 39. Eliz. That this Committee should, during all that present sitting of Parliament, examine and make report of all such Cases touching the Ele­ctions and Returns of any the Knights, Ci­tizens, Burgesses and Barons of the House. And also, of all such Cases for Privi­ledge, as in any Wise may occur or fall out during all the same Session of Parliament; to the end, the House upon Report of the same Examinations, might proceed to such further Course in every the same Cases as should be thought sit.

And notice was given, That all the Members of the House might repair thi­ther as there should be cause.

This latter Power touching Priviledge seems to have been inserted to prevent the Houses being troubled with Informations, until they were examined and ripe for a Determination.

But in other Parliaments, both before [Page 12]and since, that Power doth not appear to have been given them so absolutely; but matters of Priviledge were, upon Infor­mation to the House, there heard, and not in a Committee, unless in some special Cases, wherein there was cause of Exami­nation, or of some preparation of a Charge; as in the Case of Smaley, 23. Eliz. and many other Cases.

The Power of this Committee usually was, as it is entred 6. Novembr. 1640. To examine and consider all Questions which shall grow and arise that Parliament about Elections, Returns and other Privi­ledges. Or, as in the Parliament 1 ^o Iacobi, thus: This Committee are to examine all matters questionable touching Priviledges and Returns, and to acquaint the House with their proceedings from time to time, so, as Order may be taken according to the occasion, and agreeable with ancient Custom and President.

And to the end these Questions might be speedily determined, and the House might know their Members, Days are usu­ally assigned, beyond which there shall be no questioning a former Election.

So in the Parliament of 21. Iacobi, the second day of sitting, It was Ordered, That [Page 13]all Petitions about Elections and Returns, should be preferred to the Committee of Priviledges within a Fortnight from that Day, or else to be silenced for that Session.

16. April. 1640. Ordered, That those who Would question Elections, should do it within Ten days by Petition.

6. Novembr. 1640. Ordered, That all such as will question Elections now return­ed, should do it in Fourteen days, and so within Fourteen days after any new Return.

Some questions have been, where there have been double Indentures returned for several persons for the same place, whe­ther all or any, or which of them should sit.

The general rule and practice hath been in such case, That neither one nor other should sit in the House, until it were ei­ther decided or Ordered by the House: Therefore in April 1640. the Lord High Steward, who had power by himself or his Deputies, to minister the Oathes of Supremacy and Allegiance to all Members returned, before they sate in the House, gave Order, That where there were more returned for any one place then ought to be, there should be none of them sworn [Page 14]till it were decided by the House who were duly Elected. But that which may satisfie herein is, the Order of the House in that Parliament, That if any sit in the House, that are returned by more Inden­tures then usual, they should withdraw till the Committee for Priviledges had further Ordered.

In the Parliament begun April, 1640. and November, 1640. It was moved, That where some are returned by the Sheriff or such other Officer, as in Law hath power to Return, and others by pri­vate hands; therefore those returned by the Sheriff or such Officer should sit till the Election be quashed by the House.

But nothing was Ordered upon it.

24. Febr. 1623. Sir Francis Popham being returned a Burgess for Chippenham by one Indenture, and another person re­turned for the same place by another In­denture; it was moved he might be admit­ted into the House till the matter were de­termined against him, and a President quo­ted in Sir Thomas Wentworth's Case the last preceding Parliament. But it was then insisted on by the Chancellor of the Dut­chy and others, That this being a Case of a double Return, he was not to be ad­mitted, [Page 15]and so it was referred to the Committee for Priviledges. His Case be­ing reported 9. April. he was judged to be duly Elected.

21. Jacobi, Two Indentures were re­turned for Southwark, the one returned Yarrow and Mingy, the other Yarrow and Bromfield; upon a Report from the Com­mittee for Elections, it was resolved, That the Election and Return for Yarrow should stand good, and that he should sit in the House.

22. Martii 21. Jacobi, The House was acquainted that Sir John Jackson and Sir Tho: Beaumont were both returned for one Burgesses place for Pomfret; and therefore it was moved, That both might be suspended till it were determined: Mr. Glanvill made answer to that Motion, That he that was returned might sit in the House until it were determined; which being contradicted by others, and much Dispute on both sides, it was lastly urged by Sir Robert Phelips, That there was not any President for it, and therefore moved the Committee might take the Election into consideration to morrow, and that in the mean time the parties might forbear to come into the House: which was Or­dered accordingly.

4. Novem. 1640. Upon a Report from the Committee for Priviledges, That se­veral Indentures were returned for Bur­gesses for the Burrough of Bossinny in the County of Cornwal, the one by the Major of the Town, the other promiscuously: The Committee were of opinion upon view of the bare Indenture, That Sir Ch: Harbord, who was returned by the Major was well returned; but the House decla­red he should not sit till the Election were decided.

In the same Parliament, two Returns were made for Marlo Magna, in both Indentures John Burlace Esq was return­ed; therefore, upon Report from the Committee, he was admitted to sit, but the other to forbear till the Question be determined.

17. April. 19. Iacobi, It was Ordered, That no Petition should be received by a Committee, but openly at the Committee, and read at the Committee before the party go that preferred it; and the parties name that preferred it be subscribed.

In the Parliament in 21. Iacobi, upon a Report made from the Committee for Elections and Priviledges, praying the direction of the House, whether Affidavits [Page 17]might be made use of at that Committee.

These Reasons being insisted upon, that Assidavits should not be admitted.

• 1. Because it makes the Parliament lame without the Chancery.
• 2. It entituleth the Chancery to judge of Returns.
• 3. Affidavits are oftentimes cautelous­ly made by Council or Parties.
• 4. Witnesses produced Viva voce, by Words, Actions, Gestures, or the like, may discover much, whereby the Com­mittee may judge.

It was likewise informed by Sir Ed­ward Coke late Lord chief Justice, That in the Parliament when he was Speaker, which was 35. Eliz. Affidavits were not used, nor since until of late.

5. Though the Committee examine not on Oath, yet they may punish any that shall testifie untruly, of which an instance was given in the last preceding Parlia­ment in the Case of one Damport: It was Resolved, That all Affidavits to be taken in any Court concerning Elections, Re­turns, or any thing depending thereupon, should be rejected, and not hereafter to be used.

CHAP. V. Members chosen in several places.

IT falling out ordinarily, that one per­son is chosen and returned to serve for several places, it is in his Election to make his choice in the House in his own person for what place he will serve, and waive the other Election, so as a Writ may go out for a new Election for such place waived, that the number may be full; but if he shall not do it by the time which the House shall appoint, then it hath been said, the House will appoint for what place such person shall continue a Mem­ber, and that Writs may go out for the other places: but Quaere whether it hath been done.

Oftentimes on the First day of the meeting of the House, as soon as the Speaker hath been approved, and some­times before, such persons as have been so doubly returned have made their choice.

In the first Session of Parliament 1 ^o Ia­cobi, the same day Sir Edward Phelips was chosen Speaker (before he was presented to the King) he signed a Warrant as [Page 19]Speaker, by command of the House, for Election of another person in the place of Sir Francis Bacon being chosen in two places. And in the same Session, the same day after the Speaker had taken his place, divers Members who were severally re­turned, as elected in several places, made their choice for what places they would stand, and new Writs ordered.

The Parliament beginning the 13. April, 1640. and the Speaker being presented the 15 ^th, upon the 16 ^th day divers made their choice upon such double Returns.

The Parliament beginning 3. Novemb. 1640. Upon a long Debate for granting time for Elections on double Returns of this nature, It was resolved, That all such as are doubly returned shall make their choice for which place they will serve on Monday next.

9. Martii 21. Iacobi, Resolved, That all Members of this House doubly returned, shall make their Elections for which they will serve, and that those in the House shall do it presently, or else new Writs to issue for both.

CHAP. VI. New Writs for Vacant Places.

A General Order hath usually been made in the beginning of the Ses­sion, to authorize the Speaker to give Warrant for new Writs, in case of Death of any Member, or of double Returns, where the party makes his choice openly in the House during that Session; so it was Ordered in the beginning of the Par­liaments 18. Iac. and 21. Iacobi.

Where such general Order is not made, Writs have issued by Warrant of the Speaker, by virtue of special Order, upon Motion in the House.

This Warrant is to be directed to the Clerk of the Commonwealth (then called the Clerk of the Crown) in Chancery, by Order of Parliament 13. Novemb. 1601.

CHAP. VII. Rules and Method of Debates in the House.

VVHen a Motion hath been made, the same may not be put to the Question until it be debated, or at least have been seconded and prosecuted by one or more persons standing up in their pla­ces as aforesaid, and then the same may be put to the Question, if the Question be called for by the House, or their ge­neral Sense be known, which the Speaker is to demand, unless any Member stand up to speak.

When a Motion hath been made, that Matter must receive a determination by a Question, or be laid aside by the general Sense of the House before another be en­tertained. An instance is in the Journal 28. Iune, 1604. A Motion being made, another interposed a Speech tending to another Business: but it was answered. That there was no President for that Speech to be used before the other Motion, which was made before, had received an Answer and an end. And the House did accord­ingly [Page 22]determine the first Motion in the first place.

4. Decemb. 1640. Ordered, That till the Business in agitation be ended, no new Motion of any new Matter shall be made without leave of the House.

If the Matter moved do receive a De­bate pro & contra, in that Debate none may speak more then once to the Matter: And after some time spent in the Debate, the Speaker collecting the Sense of the House upon the Debate, is to reduce the same into a Question, which he is to pro­pound; to the end, the House in their Debate afterwards may be kept to the Matter of that Question, if the same be approved by the House to contain the substance of the former Debate.

After such Question is propounded, any Member may offer his Reasons against that Question in whole or in part, which may be laid aside by a general consent of the House without a Question put.

But without such general consent, no part of the Question propounded may be laid aside or omitted; and although the general Debates run against it, yet if any Member, before the Question be put with­out that part, stand up and desire that [Page 23]such Words or Clause may stand in the Question, before the main Question is put; a Question is to be put, Whether those Words or such Clause shall stand in the Question.

The like Method is observed, where any other Alteration is debated upon, to be made in a Question propounded; but upon putting a Question for such Addi­tion, Alteration or Omission, any person who hath formerly spoken to the Matter of the Question, may speak again to shew his Reasons for, or against such Alterati­on, Addition or Omission, before such Question be put.

When the Speaker (the House calling for a Question) is putting the same, any Member that hath not before spoken to the matter, may stand up before the Ne­gative be put.

13. Junii, 1604. A Bill touching a Subsidy of Tonnage and Poundage having been formerly upon a third Reading re­committed, was returned; And a Proviso being tendred for Chester, which was twice read, the Question was put for Commit­ment in the Assirmative: but before the Negative was put, one stood up and spake to it, which was admitted for Orderly, [Page 24]because it is no full Question without the Negative part be put as well as the Af­firmative.

Every Question is to be put first in the Affirmative: viz. As many as are of opini­on that (repeating the Words of the Que­stion) say, Yea. And then the Negative thus: As many as are of another opinion say, No. To which Question every Mem­ber ought to give his Vote one way or other, and the Speaker is to declare his opinion, whether the Yea's or the No's have it, which is to stand as the Judge­ment of the House. But if any Member before any new Motion made, shall stand up and Declare, That he doth believe the Yea's, or No's (as the Case shall be) have it, contrary to the Speakers opinion, then the Speaker is to give direction for the House to divide, declaring whether the Yea's or the No's are to go forth.

Upon the dividing of the House, those are to go forth who are for varying from, or against the constant Orders of the House, (as that a Question shall not be put, or not be now put, it being the course of the House, that after a Debate the same should be determined by a Question or the like) or against any Positive Order [Page 25]made by the House, or for the passing any new thing, as reading a Petition or Bill, and Committing, Ingrossing, or passing such Bill, or the like.

10. Decembr. 1640. An Order being made the 9. Day, That the House should be Resolved into a Grand Committee the next Day, for Debating the way of rai­sing Money; Upon the 10. Day a Que­stion was upon Debate put, whether the House should be resolved into a Grand Committee; upon which the House was divided, and a Doubt moved which were to go forth. It was declared for a con­stant Rule, Those that give their Votes for Preservation of the Orders of the House should stay in; and those who give their Votes otherwise, to the introducing any new Matter, or for any Alteration, should go forth.

24. Martii, 21. Iacobi, Upon a Report from the Committee for Priviledges, a Question was put, That Sir Tho: Holland and Sir Iohn Corbet were well Elected Knights for Norfolk; The House was divi­ded, and a Contest which should go forth; It was over-ruled by the House the No's should go forth.

Which is also the course upon any [Page 26]Question to agree with a Report in favor of the Opinion of a Committee.

Upon dividing the House, the Speaker is to nominate two of those that are in the Affirmative, and two of the Negatives, to count the House; which four (each of them having a Staff in his hand) are to count the number of the Persons who re­main sitting in the House, and then to stand within the Door, two on the one side and two on the other, and to count the Number of them who went forth as they come in.

While the House is thus divided or di­viding, no Member may speak, nor (un­less it be to go forth upon the Division) remove out of his place.

When the House is thus told, those two of the Tellers who are of the number of those who have the major Votes, stand­ing on the right hand, and the two others on the left at the Bar, (the rest being all set in their places) are to come from thence up to the Table together, (making the usual Obeysance to the House three times; once at the Bar, again in the mid­dle of the House, and again when they are come to the Table) And that person who stands on the right hand, is to declare to [Page 27]the Speaker the number of the Yea's (who sate or went out as the Case is) and of the No's: and then with like reverence to depart into their places; after which, Mr. Speaker is to report the same to the House.

If the Affirmatives have the major Votes by the judgement of the Speaker, or (in case of division) upon the division, the Clerk is to enter the Vote, Resolved. If the Negatives, then he is to enter it thus; The Question being put (setting down the Words of the Question) It pas­sed in the Negative.

Upon the division, if the Members ap­pear to be equal, then the Speaker is to declare his Vote, whether he be a Yea or a No, which in this Case is the casting Voice; but in other Cases, the Speaker gives no Vote.

1. Maii, 1606. A Question was mo­ved, whether a Man saying Yea, might afterwards sit and change his Opinion; and a President was remembred by Mr. Speaker (Sir Edward Phelips) of Mr. Morris Attorney of the Wards, in 39. Elizab. that in like Case changed his Opinion.

If upon a Debate it be much contro­verted, [Page 28]and much be said against the Que­stion, any Member may move, That the Question may be first made, whether that Question shall be put, or whether it shall be now put; which usually is admitted at the instance of any Member, especially if it be seconded and insisted on; and if that Question being put, it pass in the Affirma­tive, then the main Question is to be put immediately, and no man may speak any thing further to it, either to add or alter: But before the Question, whether the Question shall be put, any person who hath not formerly spoken to the main Question hath liberty to speak for it, or against it; because else he shall be pre­cluded from speaking at all to it.

If in a Debate, there arise more Que­stions then one, and it be controverted which Question should be first put; the Question first moved and seconded is re­gularly to be first put, unless it be laid aside by general consent. If the first Question be insisted upon to be put, and the major part seem against it, the Questi­on is to be, Whether that Question shall be now put; if that pass in the Negative, then the other Question may be put if desired: nevertheless, any person may [Page 29]speak to it again before it be put. If in the Affirmative, then it is to be put with­out any addition or alteration as before: And after that Question is put, if any Member move to have the other Questi­on put, every one hath leave to speak to it again as if it were a new Question.

If a Matter be received into Debate, and a Question grow, whether the House shall proceed in that Debate at this time, and it fall out that the House be divided; in such Case the No's are to go forth, it being contrary to the course of the House, that any business should be laid aside till it be determined by a Question: If the Question be for an adjournment of a Debate, the Yea's are to go forth upon the same reason.

After a Question is propounded, no man may speak more then once to the Matter; but having spoken to the Matter, when the Question comes to be put, he may speak to the Maner or Words of the Question, keeping himself to that onely, and not ravelling into the Merits of it.

If a Question upon a Debate contain more parts then one, and Members seem to be for one part and not for the other, it may be moved that the same may be [Page 30]divided into two or more Questions: as, 2. Decembr. 1640. The Debate having been, whether the Election of two Knights for the County of Warwick were void; a Question was put, whether it should be two Questions: and that being Resolved in the Affirmative, the Questi­ons were put severally, upon the Election of the one first, and then of the other.

No Member in his Discourse in the House may mention the name of any other Member then present, but to de­scribe him by his Title or Addition; as, that Noble Lord, Worthy Knight; or by his Office, as, Judge, Scrjeant, Gentleman of the long or short Robe; or by his Place, as, the Gentleman near the Chair, near the Bar, on the other side; or thus, the Gentleman that spake last, or last save one, or the like.

During any Debate, any Member though he have spoken to the Matter, may rise up and speak to the Orders of the House, if they be transgressed, in case the Speaker do not; but if the Speaker stand up, he is first to be heard, and when he stands up, the other must sit down till the Speaker sit down. But if any person rise up to speak to the Orders of the [Page 31]House in the midst of a Debate, he must keep within that Line, and not fall into the Matter it self; if he do, he may be taken down by the Speaker, or any other Mem­ber, calling to the Orders of the House.

Whiles a Member is speaking to a De­bate or Question, he is to be heard out and not taken down, unless by Mr. Speak­er, in such Cases as you sinde therein ex­pressed, or that he speak of such Matter as the House doth not think fit to admit.

24. Januar. 23. Eliz. Upon a Debate in the House, Mr. Carleton, endeavoring to speak contrary to the Sense of the House, was interrupted; and afterwards offering to speak again, saying with some repetition, That it was for the liberty of the House, the Speaker and the House did stay him.

April 1604. Agreed for a Rule of the House, He that digresseth from the Matter to fall upon the Person, ought to be suppres­sed by the Speaker.

17. April 1604. Agreed for a general Rule, If any superfluous Motion or tedious Speech be offered in the House, the party is to be directed and ordered by the Speaker.

2. Maii 1610. A Member speaking, [Page 32]and his Speech seeming impertinent, and there being much Hissing and Spitting; It was conceived for a Rule, That Mr. Speaker may stay impertinent Speeches.

18. Maii 1604. It was Resolved, That eight ingrossed Bills should be read the next day half an hour after eight: The next day about that time, a Member en­tring into a long discourse De mera side & sola side, &c. was interrupted, and the Question offered, whether he should go on in respect of the Order. But it was agreed for a Rule, If any man speak not to the Matter in Question, the Speaker is to moderate.

14. April. 1604. In a Matter formerly proposed, touching the abuse of the Pur­veyors, it was argued, Whether it were fittest to proceed by way of Petition to the King or by Bill: which was spoken to by Mr. Marten, Mr. Hoskins and others, and lastly by Sir Henry Jenkin, who was observed to mistake the Question; and therefore (to prevent the idle expence of time) was interrupted by Mr. Speaker, and thereupon a Rule conceived, That if any Man speak impertinently or be­sides the Question in hand, it stands with the Orders of the House for Mr. Speaker [Page 33]to interrupt him, and to know the pleasure of the House, whether they will further hear them.

A Matter upon Debate having been once finally determined by a Question, ought not to be again brought into dispute.

27. Martii, 1604. Sir Edward Coke Attorney-General, and Doctor Hone bring a Message from the Lords, desiring a Conference about the Case of Sir Fran­cis Goodwyn: Upon this Message it was argued, That now the Judgement having passed the House, it could not nor ought to be reversed by them; and upon the Question it was Resolved, There should be no Conference.

In sapientum decretis non est litura.

2. April. 1604. A Vote having passed some days past, That no Conference should be admitted with the Lords, the same Question was again moved, but was carried in the Negative: And it was then urged for a Rule, That a Question being once made and carried in the Affirmative or Negative, cannot be questioned again, but must stand as the Judgement of the House.

In the Answer of the Commons House [Page 34]of Parliament to King James his Objecti­ons in Sir Francis Goodwyn's Case, 3. A­pril. 1604. The Objection being that they refuse Conference with the Lords.

The Answer is in these words, Con­cerning our refusing Conference with the Lords, there was none desired until after our Sentence passed; and then we thought that in a Matter private to our own House, which by Rules of Order might not be by us revoked, we might without any imputation refuse to confer.

CHAP. VIII. Grand Committees, and their maner of Proceedings.

A Grand Committee consists of as many Members, at least, as consti­tute the House, (less may not sit or act as a Committee) who have general Pow­ers to consider of any Matters touching the subject Matter referred, and to pre­sent their Opinions therein to the House, the better to prepare Matters of that nature, or Bills therein, for the House; which may better be prepared, by the li­berty that every Member hath in a Grand Committee, as well as in other Commit­tees, to speak more then once to the same Business, (if there be cause) which is not permitted in the House.

But Grand Committees have their Powers and Rules, in other Circumstan­ces, given them in express words by the House; as, to send for Witnesses, to hear Council, or assign them on either part, to send for Records; which appears by several Motions made in the Parliament 21. Jacobi. Sir Robert Phelips (a person [Page 36]of much Experience in the Course and Orders of Parliament) moved the House from the Grand Committee for Courts of Justice, that they might have Power in the particulars aforesaid.

8. Martii and 13. Martii in the same Parliament, upon report from the Com­mittee for Trade, (which then was a Grand Committee) the House was moved for their Order to the Merchants Adven­turers to bring in their Patents, and that the Inventor of the pretermitted Customs should attend the Committee.

15. Maii 22. Jacobi, Upon Complaint from the Grand Committee for Grievan­ces, that they had sent-several Warrants for divers persons to bring in their Pa­tents, which they had not done; the House Ordered the Serjeant at Arms to be sent for them.

When any great Business is in agitati­on that requires much Debate, or a Bill for a Publique Tax is to be committed, the House doth use to resolve it self into a Grand Committee of the whole House; which is done by a Question, and then the Speaker leaves his Chair: and thereupon the Committee (which must consist of as great a number as constitutes a House, as [Page 37]is before declared) makes choice of a Chair-man; in which case, if more then one be generally called to the Chair, any Member may stand up, and by consent of the Committee, put a Question for one of those named to be the Chair-man.

19 ^o Jacobi, A dispute being in the Com­mittee, which of two Members named should go to the Chair, the Speaker was called to his Chair, and put the Question, That Sir Edward Coke (who was one of the persons named) should take the Chair, and then the Speaker left his Chair.

The Chair-man of the Grand Com­mittee is to sit in the Clerks place at the Table, and to write the Votes of the Committee.

If upon putting a Question, the Chair­man (who is to judge by the Voices) have delivered his opinion that the Yea's have it, and any Member stand up and say, He believes the No's have it, (or contrari­wise) the Committee is to divide within the House; the Chair-man directing the Yea's to go to that side of the House that is on the one hand, and the No's to the other side, and then he is to appoint one of each to count the numbers and report [Page 38]them; which is to be done in the same order as in the House, saving that the Obeysance is onely twice in the Commit­tee, thrice in the House: if the numbers be equal, the Chair-man hath a casting Voice, otherwise he hath no Vote in the Committee.

When the Committee hath gone through the Matter referred to them, the Chair-man having read all the Votes, is to put the Question, that the same be re­ported to the House: If that be resolved, he is to leave the Chair, and the Speaker being again called to the Chair, (or at the next sitting of the House, if it be then ad­journed) the Chair-man is to report what hath been resolved at the Committee, standing in his usual place, from whence (if it be not in the seat next the Floor) he is to go down to the Bar, and so to bring up his Report to the Table.

If the Committee cannot perfect the Business at that sitting, they may not ad­journ as other Committees; but a Que­stion is to be made for reporting to the House, and that leave be asked, that the Committee may sit at another time on that Business.

But if, as sometimes it falls out, the [Page 39]Matter hath received a full Debate in the Committee, and it is judged fit to be re­solved in the House, the Speaker is again called to the Chair for that purpose.

In other things then as aforesaid, the Rules of Proceedings are to be the same as are in the House.

4 ^o Junii, 1607. agreed for a Rule.

• 1. Every Question upon the Voices of a Committee bindeth, and cannot be altered by themselves.
• 2. Every thing directed and agreed to be reported, ought to be accordingly report­ed; but not every thing spoken or debated at a Committee.

28 ^th Julii, 1641. Declared by the House, That no Committee ought by Vote to deter­mine the Right or Property of the Subject, Without first acquainting the House there­with.

6 ^o Aug. 1641. Resolved, That no Vote past at a Committee, and not reported nor confirmed by the House, shall be any Rule or Direction for any Court of Justice in West­minster-Hall to ground any Proceedings thereon.

CHAP. IX. Publique Bills, and maner of Pro­ceeding on them.

ANy Member of the House may offer a Bill for Publique Good, except it be for imposing a Tax; which is not to be done but by Order of the House first had.

But if any Member desire, That an Act made and in force, may be repealed or al­tered, he is first to move the House in it, and have their resolution, before any Bill to that purpose may be offered; and if upon the Reasons shewed, for repealing or altering such Law, the House shall think it fit, they do usually appoint one or more of the Members to bring in a Bill for that purpose. In the beginning of every Parliament, some persons have been appointed to consider of such Laws as had continuance to the present Session, whe­ther they were fit to be continued or de­termined; as also of former Statutes re­pealed or discontinued, whether fit to be revived, and what are fit to be repealed.

19 ^o April. 1604. Mr. Serjeant Sing [Page 41]moved for some course to be entred into for continuance of Statutes, and offered something in writing to that end; but the House thought fit a Bill for continuance should not be brought in by any but the Committee for that purpose; which holds a fortiori in repealing Statutes.

A Private Bill that concerns a particu­lar person, is not to be offered to the House till the leave of the House be desi­red, and the substance of such Bill made known, either by Motion or Petition: nevertheless, the Speaker hath had liberty to call for a private Bill to be read every morning; and usually the morning is spent in the first reading of Bills until the House grow full.

If any Publique Bill be tendred, the per­son who tenders the Bill must first open the matter of the Bill to the House, and offer the Reasons for the admitting there­of; and thereupon, the House will either admit or deny it.

If a Bill be admitted to be read, the same is to be presented fairly written, without any razure or interlineation, toge­ther with a Breviate of the Heads of the Bill; and unless it be so tendred, the Speaker may refuse it.

When a Bill hath been read the first time, the Clerk is to deliver the same to the Speaker; who standing up uncovered, (whereas otherwise he sits with his hat on) and holding the Bill in his hand, is to open the same, first reading the Title thereof, and after he hath done, declares this to be the first reading of such Bill; and until the Bill be opened, no Member may speak to it.

After the first reading of a Bill, and the same opened, no man regularly may speak to it, until it hath been the second time read, unless he speak to cast it out; in which case any other may speak for the retaining thereof: Nevertheless, it is not without President, That upon the first reading of a Bill, Debates have been up­on it pro and contra, especially when the House hath generally disliked the Bill; and in case, after Debate, the House do call to the Question, and the Sense of the House therein be doubtful, the first Que­stion is to be put (not whether the Bill shall be read the second time, for so it ought to be in ordinary course without a Question, if nothing be said against it, but) whether the Bill shall be rejected. If it pass in the Affirmative, the Clerk enters [Page 43]the same in his Journal, and also endorses it upon the back of the Bill.

By the Journal of the Parliament held 43 ^o Eliz. Novembr. 17 ^o. Upon Debate of the Bill against unlawful Hunting, 5 ^th Session of the first Parliament of King Iames, this appears to have been the course.

In the Parliament 1604. the Bill touching Apparel upon the first reading was disliked, and so spoken to pro and contra; which is not usually admitted, without some extraordinary conceit of mischief, inconvenience or imperfection, and the Question was put presently for the Rejection: Upon the division of the House, those for the Bill sate, those against it went out; which was also done 7 ^o Aug. 1641. upon the Question for rejecting the Bill for Light-houses in the North.

If the Bill be not so generally opposed, but onely by some, then the Question is to be, whether the Bill shall be read a second time; and if that Question for reading the Bill a second time pass in the Affirmative, it is to be read at such convenient time as the House shall be minded of it by the Speaker, or as the House shall appoint: If it pass in the Negative, then a Question is to be put for Rejection.

Bills, especially Publique Bills, have not usually been read more then once in one day, but put off to the next day, or for two or three days, (except it require haste) to the end the Members of the House may have time to consider of it: and (if they shall desire it) may peruse the Bill, to enable them to speak to it at the next reading. But in former times Bills have been twice, yea thrice read in one day, and passed; as may be seen in the Proceedings upon the Bill against Coun­terfeit Seals 16 ^o Febr. 23 ^o Eliz. and in the Bill against Disobedience to the Queen 4 ^o Martii, of the same Year. The Bill for recognition of the Succession of the Crown in the first Session of the Par­liament 1 ^o Jacobi: And therefore any Member may move it may be read the same day the second time; and any other Member hath liberty to offer his Reasons against such second reading at that time; but it is not done, but upon Motion or Order of the House.

Sometimes the House upon Debate doth pass some Votes to be the Heads of a Bill, or refer it to a Committee of the whole House to prepare such Heads: Ne­vertheless, when it is digested into a Bill, [Page 45]and that comes to be read or passed, it is lawful to debate or argue against all or any part thereof, to alter or reject it; because Votes, in order to a Bill, are no further binding, but that the Bill is to be presented containing those Votes; and because the Bill gives occasion of a more large Debate; and being to pass into a Law, every Member hath liberty to offer his Reasons against it, as well as give his Vote, as often as it comes to a Question.

When a Bill hath been read the second time, and opened as before, any Member may move to have the same amended, but must speak but once to it; and therefore must take all his Exceptions against the Bill, and every part of it, at one time: For in the Debate of a Bill, no man may speak but once the same day, except the Bill be read more then once that day, and then he may speak as often as it is read.

4 ^o Junii, 1604. Agreed for a Rule, If two stand up to speak to a Bill, he that would speak against the Bill, if it be known by demand or otherwise, is to be first heard.

If the Exceptions be such as may not be amended at the Table, then the Que­stion is for the committing of the Bill: [Page 46]but no Bill is to be committed without some Exceptions taken to it; as it was in­sisted on upon that Question for commit­ting the Bill for Probate of Suggestions in case of Prohibitions, which were then made, and thereupon the Bill was com­mitted.

No Proviso or Clauses are to be ten­dred to a Bill upon a second reading; be­cause if it be committed, it is proper to offer them to the Committee without troubling the House: as 16 ^o Iunii, 1604. It was moved that sundry Proviso's then tendred, be offered to the Committee.

If that Question for commitment pass in the Negative, then the Question is to be put for ingrossing the Bill; so it was upon the second reading of the Bill for Limitations of Actions 21 ^o Iacobi. And an­other Bill for explanation of a Clause in an Act 3 ^o Iacobi, Entituled, An Act for the better discovering and suppressing Romish Recusants, the same day. But if the Que­stion for ingrossing the Bill pass in the Negative, then the Question is to be put for rejecting the Bill.

If the Question for committing the Bill pass in the Affirmative, then a Committee is to be named; of which, all those that [Page 47]took Exceptions against any particulars in the Bill (but not those who spake a­gainst the whole Bill) are to be, and any Members that please, may name one a­piece, but not more to be of that Com­mittee.

10 ^o Novembr. 1640. Declared for a Rule, That at the naming of a Committee, if any man rise to speak, the Clerk ought not to write.

11 ^o Novembr. 1601. Resolved and Or­dered upon the Question, That such Member as declares himself against the body or substance of any Bill upon any the readings thereof, shall not hereafter be ad­mitted to be of a Committee in any such Bill, according to former Order used in Parliament.

7 ^o Martii, 1606. Mr. Hadley being as­signed of a Committee to confer with the Lords, desired to be spared, he being in opinion against the Matter it self; and it was conceived for a Rule, That no man was to be imployed in any Matter, that had declared himself against it: And the Que­stion being put, whether Mr. Hadley were to be imployed, It was resolved, he was not to be imployed.

Committees upon Bills have not usual­ly [Page 48]been less then Eight, sometimes Twen­ty, seldom more in former times; which engaged them to attend it and speed it.

12 ^o Aprilis, 1604. Upon a Motion made touching the slow Proceedings and dispatch of such Bills and Business as were depending in the House, which grew, as was said, by the non-attendance of Com­mittees: It was Ordered, That if Eight of any Committee do assemble, they might proceed to a Resolution in any Business of the House. Formerly, all were to attend.

When a competent number are named, the Speaker useth to put the House in minde of appointing the time and place of their meeting; at which time the Com­mittee are to meet, especially those who did make any Exceptions to the Bill. Eight of the persons named must be pre­sent to make a Committee, (unless where a less number of them are appointed to be a Committee, which hath been done some­times in Private Cases, but seldom or ne­ver in Publique Bills) but Five may ad­journ.

In some Cases the House hath Ordered a Committee to withdraw into the Com­mittee Chamber presently, and bring it back sitting the House; as was done in [Page 49]the Bill for Probate of Suggestions in cases of Prohibitions aforesaid.

Some Bills of great concernment, and chiefly in Bills to impose a Tax, or raise Money from the People, are committed to a Committee of the whole House; to the end, there may be opportunity for fuller Debates, for that at a Committee the Members have liberty to speak as oft­en as they shall see cause, to one Question; and that such Bills being of general con­cernment, should be most solemnly pro­ceeded in, and well weighed; and some­times when a Bill of that nature hath been conceived fit to be made, the House hath thought fit to resolve themselves in­to a Committee, and either there, or in the House, to Vote some Heads for dire­ction of such as shall be imployed to pre­pare the Bill.

Any Member of the House may be pre­sent at any select Committee, but is not to have any Vote, unless he be named to be of the Committee.

The Committee are first to read the Bill, and then to consider the same by parts.

The Preamble, if any be, is usually con­sidered after the other parts of the Bill, [Page 50]because, upon the consideration of the body of the Bill, such alterations may be therein made, as may also occasion the alteration of the Preamble; which will best be done last.

The Committee may not raze, inter­line, or blot the Bill it self; but must in a Paper by it self set down the Amend­ments in this maner: viz. In such a Folio and such a Line; between such a Word and such a Word, or after such a Word, insert these Words, or omit these Words; and in stead thereof (if there be cause) in­sert these Words.

When the Amendments are all per­fected, every one being voted singly, all of them are to be read at the Committee, and put to the Question, whether the same shall be reported to the House: When that Vote is to be put, any Mem­ber of the Committee may move to add to those Amendments, or to amend any other part of the Bill.

Otherwise, when a Vote is once passed at a Committee, the same may not be al­tered, but by the House: so the Entry is in the Journal 4 ^o Iunii, 1607. Every Question upon the Voices of the Com­mittee bindeth, and cannot be altered by [Page 51]themselves. And thus every thing agreed to be reported, ought to be reported.

If the Vote of the Committee pass for reporting the Amendments to the House, then one of the Members of the Com­mittee (which is commonly the Chair­man) who is best acquainted with the Bill, is to be appointed to make the Re­port; which being done, that Committee is dissolved, and can act no more without a new power.

3 ^o Martii, 1606 It was O dered, That every Committee when they proceeded to Amendment of any Bill committed to them, should also amend the Breviate annexed, and make it agree with the Bill.

Reports are usually to be received dai­ly, in the first place, after the House is full; except there be Bills ingrossed, which are to take place, and Publique Bills be­fore Private.

The Reporter must first acquaint the House, That he is to make a Report from such a Committee, to whom such a Bill was committed, and standing in his place, must read each of the Amendments with the Coherence in the Bill; and opening the Alterations and the Reasons of the Committee for such Amendments, until [Page 52]he hath gone through all, and then must (if he sit not in the seat next the floor) come from his place to the Bar, and so come up to the Table, and deliver both the Bill and Amendments to the Clerk, by whom he is to stand, while the same are twice read; which is to be done by him (without reading any words that are to be omitted, but onely such as are to be in­serted) before any man speak to any of them; and then the Bill, with the Amend­ments, is to be delivered to the Speaker.

4 ^o Iunii, 1607. The Bill touching the Union between England and Scotland ha­ving been committed, when the Amend­ments were reported, the whole Bill was by Order of the House first read, and then the Amendments by themselves; which is a single President used onely in a Case of great weight.

After such reading of the Amendments, any Member may speak against all, or any of the Amendments, and desire the Co­herence to be read; but he is to make all his Objections at once to all the Amend­ments, without speaking again: onely sometimes in Matters of great concern­ment, it hath been desired, that the A­mendments be considered one by one, and [Page 53]so put to the Question, and then may he speak to each of them.

Exceptions may be taken as well to what is omitted out of the Bill by the Committee, as to what is amended.

6 ^o Junii, 1604. Amendments being re­ported to a Bill for providing a godly and learned Ministery; a Question was made, Whether the words (or being no Graduate) struck out by the Committee, shall stand in the Bill: and it was upon the Question Ordered to stand.

Upon this or any other Report from a Committee, the first Question ought to be for agreeing with the Report, unless the House generally dislike it.

All the Amendments reported by the Committee are to be proceeded in before any new Amendment or Proviso be ad­mitted, unless it be amending the Amend­ments reported.

If there be Exceptions against the Amendments reported, which cannot be conveniently amended at the Table, then the Bill is to be recommitted to the same Committees.

After the House hath proceeded upon all the Amendments reported, there have been sometimes offered other Amend­mendments, [Page 54]Proviso's, or additional Clau­ses written in Paper, after acquainting the House, with the substance thereof; which (if the House do approve) are to be read by the Clerk, and opened by the Speaker. After the first reading and opening, any person may speak for rejecting it, or for a second reading; which, if it come to a Question, the first Question to be put, is, Whether it shall be read the second time: If that be carried in the Negative, the next Question is for rejecting it.

If the Vote pass for the second reading of such Clause or Proviso, then (after reading and opening it as before) is a pro­per time for Debate thereof, for altera­tion or laying it aside, or for committing the same with the Bill.

But regularly, no such thing should be offered after a commitment, but the same should be offered to the Committee, where it may be first considered and prepared, and so the time of the House saved.

If the Amendments be agreed, and no such Clause or Proviso tendered, or being tendered, be agreed; then the Question is to be, That this Bill with the Amend­ments (and Proviso or Clauses added, if [Page 55]any be) be ingrossed; at which time any may speak for rejecting the Bill, as well, as upon the first or second reading. But if the Vote for ingrossing pass in the Affir­mative, the same is to be ingrossed by the Clerk, and hath used to be examined by the Reporter, and one or more of the for­mer Committee, to take care the same be truly ingrossed; especially if the Amend­ments be many, and not fairly written.

The Title is to be indorsed on the back of the Bill, and not within.

All Bills regularly are to be ingrossed and read a third time; which being in­grossed, the Speaker is to put the House in minde thereof, at convenient times, to have them read: And ingrossed Bills are to be read before any other, unless it be of great concernment; in which case, the House hath sometimes Ordered, That such Bill should not be read till Ten of the clock, to the end the House may be full.

The Speaker, the day before, doth usu­ally acquaint the House, That such Bills are ingrossed, and that he intends the next day to offer them to be passed.

7 ^o Febr. 18. Iacobi, Ordered, That no Bill be put to pass till Nine of the clock, [Page 56]and notice to be given the day before, That Bills shall be passed the next day.

24 ^o April. 22 ^o Iacobi, Ordered, That all the Members of the House do attend the House half an hour after Seven of the clock, and Bills to be put to passage by Eight; and that on Monday next they should be offered to passing.

Upon such third reading and opening thereof by the Speaker, as before (the House being acquainted this is the third reading) any Member may then likewise speak against the whole Bill to throw out the same, or to any Clause thereof, to be omitted or amended; so as such Amend­ment be in one or few words, which may be done at the Table.

A Proviso or Clause ingrossed in Parch­ment, may after a third reading, and be­fore the Question for passing it, be ten­dered to be made part of the Bill; but he that tenders it must be careful, that the same be so penned, as that it may pass as it is, or be capable of an Amendment at the Table, by adding or amending one or few words: else it is in danger to be rejected, because it is not regularly to be committed

When such Proviso or Clause is so ten­dered, the substance thereof being first [Page 57]opened to the House, if the House admit the same to be read, it is to have the same Proceeding, as in the first, second, and third Reading of a Bill; and if after the second reading there be no Objection against it; or after Debate, when it comes to a Question, the Question is to be put, whether the Proviso or Clause shall be part of the Bill: If the same pass in the Negative, then the Clerk is to enter a Me­morandum thereof; if in the Affirmative, then an Entry is to be made thereof like­wise; and then he is to File the same to the Bill ingrossed.

If while such Proviso or Clause is in Debate, any Question be for Amendment thereof, or Addition thereunto, before the Proviso or Clause be put to the Question; the Question is to be put, whether such Amendment or Addition shall be made. If that pass in the Negative, and no other be desired, (which, if it be, is in the like sort to be proceeded in) the Proviso or Clause alone (or if in the Affirmative, then with that Amendment or Addition) is to be put to the Question, whether it shall be part of the Bill as before.

If the House think fit to amend any thing in an ingrossed Bill, the same, so as [Page 58]it do not deface the Bill, is to be done at the Table; for after a third reading, no Bill is to be recommitted upon the Matter or Body of the Bill: so the Journal, 1610. but the Debate hath been adjourned to another day. If it be the next day, with­out any other Debates between, then he who spake to the body of the Bill the day before, may not speak again to the Bill or any part thereof, no more then he might have spoken twice that day.

22. June, 1604. The Bill for Restraint of the excessive wearing of Cloth of Gold and Silver, Gold and Silver Lace, &c. was read the third time, and much disputed; but the time being far spent, further Di­spute and the Question was deferred to the next morning.

23. June, The Dispute touching the Bill for Apparel was moved and continu­ed. Upon the Dispute of that Bill, some Members of the House offering to speak, having spoken the day before to the same Bill: It was agreed for a Rule, If a Bill be continued in Speech from day to day, one man may not speak twice to the Matter of the same Bill.

Or else, a Bill hath been committed upon some particular Clause or Proviso, [Page 59]which was done in a Case in the Fourth Session of Parliament, in the First year of King James, upon the Bill touching Sea-sands; and in the third Session of the same Parliament, upon the Bill of Cloth­ing: when, upon a Report of the Com­mittee, the next day, a Proviso was by di­rection of the House razed out of the Bill, by the Clerk at the Table, and so the Bill put to the Question, passed.

But if the words to be amended may be done at the Table, it is done there without a recommitment.

So 6 ^o Maii, 1606. It was much dispu­ted, whether a Bill ingrossed, and found fault with, should be recommitted into the Committee Chamber, or amended at the Table: It was resolved, it should be amended at the Table.

When a Bill is read the third time, if any Clause be resolved by the House to be added, not being tendred in Parch­ment, the same ought to be written first in Paper, and read twice; and then if it be agreed, and ordered to be ingrossed and added to the Bill, it is then to be in­grossed, and read a third time; and so if it be agreed, is to be passed with the Bill: Thus it was done in the Bill to restrain the [Page 60]Haunting of Ale-houses in Iune, 1604. where a Clause was added, That the Act should continue onely to the end of the First Session of the next Parliament.

When all the Clauses and Proviso's to the Bill are agreed or rejected, and the Debate ended, the Speaker is to ask the pleasure of the House, whether he shall put the Bill to the Question; if it be the general Sense of the House, and none stand up to Speak against it, then he is to put the Question Affirmatively and Ne­gatively.

If any Member stand up before the Ne­gative be put, he having not formerly spoken to the Matter, he is to be heard.

If it pass in the Affirmative, an Entry is to be made thereof in the Journal Book, as of all other the Proceedings aforesaid: if in the Negative, the Clerk enters on the back of the Bill, Dashed.

11 ^o Novembr. 1601. Upon Question after Debate, whether any Member of the House, after having been a Committee in any Bill, may afterwards speak in the Ne­gative part against the said Bill: It was resolved and ordered upon the Question by the whole House, That any Member of this House, that hath been or shall be a Com­mittee [Page 61]in any Bill, may afterwards speak or argue Negatively to any such Bill, with­out impeachment, or imputation of breach of former Order: which said Order and Resolution, was appointed by the House to be entred for a future President ac­cordingly.

21 ^o Martii, 1588. The Bill for Relief of the City of Lincoln, was read the third time; and after many Arguments, both for the Bill and against it, the Bill was passed upon the Question, and the divisi­on of the House, with the difference of 53. persons, viz. with the Bill 118. and against the Bill 65. Which Differ­ence being reported to the House, the Bill was afterwards, according to the ancient Orders of the House in such cases, carried out, and brought in again by Mr. Vice-Chancellor, with the Bill in his hand, followed and attended on with all the Members of the House then pre­sent, as well those who had first before given their Voices against the passing the said Bill, as those that had given their Votes with the passing of the same.

The Entry is made in the Journal of the Session of Parliament.

4 ^o Iacobi, The Question being put for [Page 62]passing a Bill, the House was divided, the Yea's went forth, the No's sate, and it passed in the Affirmative: upon Motion, such as sate against the Bill went forth of the House, and brought in the Bill in their hands, which is according to ancient Or­der, and was now moved, and done once in a Parliament for preserving the me­mory of the Order, and so expressed by the Mover.

When a Bill is passed after the third reading, there is no further alteration to be made; yet in case of an apparent mis­take therein, either by false writing or otherwise, the House hath upon notice thereof, caused the same to be amended, the day following, in the House; where the Amendments are to be thrice read, and the Bill again passed, whereof there was a President in 23 ^o Eliz. 20 ^o Ianuarii.

In passing a Bill, the Question is but once put.

Maii 18 ^o. 1604. The Bill for shooting in Guns was put to the Question, and pas­sed in the Negative, as Mr. Speaker judged; It was urged that the Voice was doubtful, and a double Question pressed, but forborn, and this Rule agreed: No double Question upon the passing of a Bill, [Page 63]though sometimes upon the committing of it; it is double, if the Voice or Question be not clear.

If it happen that two Bills be depend­ing at the same time, which have so near affinity, as they may be fit to be joyned; after they have been twice read, the House hath sometimes Ordered, that they should be ingrossed as one Bill: this was done in two Bills concerning Treasons, as ap­pears by the Journal Book 16 ^o Aprilis 13 ^o Elizabethae.

A Bill once rejected, is not to be offer­ed again the same Session, unless it be al­tered in some material parts.

15 ^o Iunii, 1604. Upon Debate of a Bill for reviving divers Statutes, and re­pealing others, a Clause was added by the Committee, to be inserted in an Act of 35 ^o Eliz. Entituled, An Act to retain the Queens Subjects in their due Obedience; to this effect, That the Husband should not pay for the Wives Recusancy: which Clause was much argued, and a Question propounded.

The maner of the Question was dispu­ted which way it should be put,

• Whe­ther That this Clause shall stand, or,
• Whe­ther That this Clause shall not stand:

and it was agreed for a Rule, That upon the adding of any new thing, the Question is to be put in the Affirmative; whether it shall stand upon the continuing of the old: in the Negative, that it shall not stand.

The Question being, whether the Sta­tute of 43 ^o Eliz. Entituled, An Act for Explanation of a certain Act made 13 ^o E­lizabethae, &c. should be continued: and the House being divided, much Dispute and Difference there was, whether upon this Question the Yea's or No's should sit: It was thereupon affirmed and con­ceived for a Rule, When any alteration is required of a Law in being, (as in this Case) and thereupon the Question put; the Yea's must sit still, and the No's go forth.

15 ^o Iunii, 1604. A Question being, whether a Law, formerly made, should continue till the end of the next Session of Parliament; much difference and di­spute was, whether, upon the Question, the Yea's or the No's should sit: Upon a Question put, it was resolved, the Yea's ought to sit still, and the No's to go forth. The House was divided, the Reporters differ in the number, the House divided again; this did not satisfie, it being [Page 65]affirmed to be contrary to President, and bred much debate, what was to be done: at length, the House was content to let the Question rest as it was, and thought fit to Order a new Bill for reviving the Law.

May, 1604. Resolved to be entred as the Judgement of this House, That no Speaker from henceforth shall deliver a Bill, whereof the House is possessed, to any whomsoever, without leave and allowance of the House, but a Copy onely. Eodem die: It is no possession of a Bill, except the same be delivered to the Clerk to be read, or that the Speaker read the Title of it in the Chair.

CHAP. X. Private Bills, and Proceedings on them.

WHen there are many Private Bills, the House hath sometimes set a­part certain times for that Business onely:

As, 7 ^o Maii, 1571. It was Ordered, That the House do begin to sit on Friday next at Three of the clock in the afternoon, and continue till Five; and so every Monday, Wednesday and Friday, till the end of that Session, the same time to be imployed onely in the first reading of Private Bills.

And in the first Parliament of King James, It was Ordered, That the House should meet at Seven of the clock, and the time till Nine of the clock should be spent in reading Private Bills.

When any Private Bills, that is, Bills concerning Private Persons, Corporati­ons, or some one or more particular Shire, or Counties; or any Publique Bill, wherein is any Clause or Proviso, that concerns such Person, Corporation, Coun­ty or Counties, is preferred to the House, [Page 67]or in agitation in the House, such person or persons may be heard by themselves or Council, either at the Bar of the House, if it be desired, or at a Committee to whom such Bill is committed; whereof are many instances.

28 ^o Junii, 1607. A Bill for mending the High-ways in the Counties of Sussex, Surrey and Kent, was rulled to be a Pri­vate Bill; and it was Ordered, That ordi­nary Duties should be paid and performed for the same, or else there should be no further proceeding in it.

20 ^o Aprilis, 1606. A Bill was ap­pointed to be read touching the Fens; those who followed the Bill, desired their Council might be heard, to open the state of their Case, and the equity and reason­ableness of their Petition, before it were read; but it was not admitted: It being declared, That if the Council of the other side desired to be heard, then both should be received, and accordingly it was ruled, That Council for the mainte­nance of any Bill, ought not to be heard be­fore it be opposed.

22 ^o Maii, 1604. It was moved, That whereas the Prothonotaries of the Court of Common-Pleas found themselves agrie­ved [Page 68]by a Bill, preferred into this House, for registring Judgements that may im­peach Purchasers, &c. being now ingros­sed, their Council might be heard at the Bar upon the third reading; and there­upon it was Ordered, That Council on all parts interessed, should be heard on Thurs­day following; and upon hearing Council, the Bill was dashed.

7 ^o Maii, 1604. It was moved, That in the Proceedings of a Bill for confirmation of the Lands of Henry Butler, Esq upon the marriage of his Son, there might be no­tice given by Mr. Speaker to the said Henry: which was Ordered, and a Letter written accordingly.

In the same Session it was moved, That in the Case between Le-Grice and Cot­terel, notice might be given by Letter un­der Mr. Speakers hand, before any fur­ther proceeding; and that Council and Witnesses might be heard at the Com­mittee: which was Ordered.

In the Case of a Bill between the Earl of Hertford and Mr. Seymour, Council was heard at the Bar, the Earl of Hert­ford and the Lord Henry Seymour his bro­ther came into the House, and were ad­mitted to come within the Bar, and to [Page 69]sit upon stools with their Heads covered.

11 ^o Febr. 1557. In the Parliament 4. and 5. Phil. & Mariae, the Abbot of Westminster had leave to come with his Council, to the Bar of the Commons, touching his claim to the Sanctuary of Westminster; and accordingly he came the next day in person into the House, and produced several Patents to make good his Claim; and had a further time given for himself and his Council to be heard.

4 ^o Maii, 1607. The Council on both sides were heard at the Bar in the House upon the Bill for the Marshalsea.

11 ^o Novemb. 1640. It is Declared as a constant Order of the House, That if a Witness be brought to the House, the House sitting, the Bar is to be down; otherwise, if the House be in a Com­mittee.

CHAP. XI. In What Cases Members are to withdraw.

18 ^o JAcobi, Upon the Report from the Committee for Priviledges, touch­ing Election for Gatton, Sir Henry Brit­tain being concerned, and offering to speak in his own Case; it was resolved up­on long Debate, he should be heard to in­form the House, and then go forth.

21 ^o Iacobi, A Bill which concerned the Master and Fellows of Magdalen Colledge in Cambridge, being read the second time, and in Debate, It was moved, that Dr. Gooch Master of Magdalen Colledge (who served for the University) and so a party, ought to withdraw; It was resolved, He may first speak, and then withdraw.

Iune, 1604. A Bill for establishment of divers Manors, &c. of the late Duke of Somerset, being offered to the Question of commitment; it was moved, That Mr. Seymour, a Member of the House and party to the Bill, might go forth during the Debate: which was conceived to be agreeable to former Orders and Presi­dents [Page 71]in like Cases, and was so Ordered, and Mr. Seymour went presently forth of doors.

When any Complaint is made against a Member, or Exceptions taken to any thing spoken by him, (after he hath been heard to explain himself, if he desire, or the House command it, which is usually done by him standing in his place) if the House be not satisfied, but fall into De­bate thereof, such Member is to with­draw; as in the several Cases of Doctor Parry, the Chancellor of the Dutchy and others, appears.

CHAP. XII. Censures of Members for offensive Words or Misbehavior.

THough freedom of Speech and De­bates be another undoubted Privi­ledge of the House; yet whatsoever is spoken in the House, is subject to the cen­sure of the House: and where they finde cause (as, In licitis facile fines transgre­dimur) offences of this kind have been severely punished, by calling the person to the Bar, to make submission; commit­ting him to the Tower, (being the usual Prison to which the Commons did com­mit Delinquents) expelling the House; disabling him to be a Member during that Parliament, and sometimes of any future Parliament.

The Entries in the Journal I finde to be as followeth:

17. May, 1572. Upon sundry Motions made by divers Members of the House, It was Ordered, That Arthur Hall Esq for sundry Speeches used by him in the House and abroad, should be warned by the Ser­jeant, to be at the House on Monday fol­lowing, [Page 73]and at the Bar, to answer Matters charged against him; and all such persons as had noted his Words, either in the House or abroad, were forthwith to meet, and set down the same Words in writing, and deliver the same to the Speaker.

On Monday following, Mr. Hall was brought to the Bar by the Serjeant, was charged with several Articles, and con­fessed his folly; and humbly submitted himself to the House, and was remitted.

8. Febr. 1575. P. W. Esq one of the Burgesses of Tregony in the County of Cornwal, was, for unreverend and undu­tiful Words uttered by him in the House, touching the Queen, sequestred; that the House might proceed to conference and consideration of his said Speech: upon Debate whereof he was committed to the Serjeants Ward, as Prisoner, and so re­maining, should be examined upon his said Speech, for extenuating his fault therein.

The next day a Report was made of his examination and confession of the Words; he was brought to the Bar by the Ser­jeant, received this Judgement by the mouth of Mr. Speaker,

That he should be committed close [Page 74]prisoner to the Tower, till the House should take further consideration con­cerning him.

4 ^o Febr. 1580. Being the third Session of the Fourth Parliament of Queen. Eli­zabeth 23. Year of her reign, complaint was made in the House against Arthur Hall Esq before named, who had caused a Book to be printed, wherein was pub­lished the Conferences of the House; and in it was contained matter of Reproach against some particular Members of the House, derogatory to the general Autho­rity, Power, and State of the House, and prejudicial to the validity of the Proceed­ings of the same. The matter was refer­red to a Committee to examine, and up­on Report thereof, and bringing the said Mr. Hall to the Bar several times to An­swer; he was sentenced by the House, to be committed to the Tower, (as the pri­son proper to this House) there to remain for the space of Six moneths, and so much longer, as until he should himself willing­ly make a Retractation of the said Book, to the satisfaction of the House, or of such Order as the House should make during that Session.

That the said Arthur Hall should be [Page 75]fined to the Queen Five hundred pounds for his said Offence.

That he should be presently severed and cut off from being a Member of this House during this Parliament, and a Writ to issue for Election of a new Burgess, for the Borough of Grantham, in his stead.

That the said Book should be deemed, and adjudged false and erroneous.

Thereupon, the said Mr. Hall was brought to the Bar, unto whom Mr. Speaker, in the name of the whole House, pronounced the said Judgement, in form aforesaid; and the Serjeant was com­manded to take charge of him, and to convey him to the Tower, and deliver him to the Lieutenant of the Tower, by Warrant of this House to be signed by the Speaker.

18. March, 1580. He having conti­nued prisoner in the Tower, without any Retractation, the House appointed a Committee to allow the said Retractati­on, and to Report it to the House at the next Session.

It appeareth by the Journal 21. No­vember, 1586. That he was disabled for ever to serve in Parliament.

17. December, 1584. A Bill against [Page 76]Jesuits and Seminary Priests passed upon the Question: Dr. Parry onely gave a Negative; and after inveighed in violent Speeches against the whole Bill. Upon which, he was sequestred from the House into the outer room, into the hands of the Serjeant, and not to confer with any while the House was in Debate of that Bu­siness. Afterwards he was brought to the Bar, and there kneeling, was told by the Speaker, If he thought fit, the House was content to hear his Reasons; but he re­fusing, was committed to the Serjeants Ward.

The next day he was brought to the Bar, and kneeling, confessed he had undu­tifully behaved himself; and had rashly, and unadvisedly uttered those Speeches he had used; and was, with all his heart, very sorry for it: Alledging withal, he had never been of the House till that Session, and so could not so well know the Orders of the House as he should do; and that he would not henceforth willingly offend the House, nor any one man in it; and so hum­bly prayed their good favor towards him. Whereupon, being again sequestred out of the House, after some Arguments and Debates, it was resolved, Upon this ac­knowledgement [Page 77]of his fault, and his hum­ble submission, he should be received into this House again, as a Member thereof, and take his place as before, so that he would still afterwards behave himself in good sort as he ought to do: and there­upon, being called again to the Bar, and there kneeling, and directly reiterating his former Confession of his fault, and humble submission, with promise of better demeanor, he was readmitted.

13. Febr. 1606. Upon a Report made in the House, of the Remembrances for­merly set down of the particulars of a Conference, the Speaker offering to read the Paper, and being interrupted by some Motions and Disputes, whether they should be read one by one, and so deba­ted, or all at once: in that difference, one of the Knights for Buckinghamshire, with a loud voice (not standing up bare-headed, as the Order is) pressed to have them read. The House observing his earnest­ness, and maner of sitting and calling, for Orders sake urged him to stand up and speak. He stood up, and pretending to offer some Reasons, fell into an Invective against the Scots, much distasting the House; yet out of a common care to ex­pedite [Page 78]the weighty Business then in hand, his Speech was neglected without Tax or censure.

But on Monday following it was re­membred, and his words of Offence reci­ted in particular; the Gentleman being absent, was sent for by the Serjeant.

Touching the maner of proceeding in this Case, many Motions and Questions were moved: as, whether to name a Committee to consider therewith to charge him. 2. Whether to censure him upon their own knowledge, without other Circumstances, the fault being apparent. 3. Whether to charge him in general, or with the particular Word. Much was said upon these. Questions pro and contra, and the Presidents of Parry and Throck­morton remembred, wherein, for Words spoken in the House, the proceeding was by the House, and not by Committee; the Offences generally charged, and pu­nished, and the Words put in oblivion: and so in this Case, the Judgement and Proceeding resolved to be accordingly.

The Serjeant having brought the Of­fender, it was moved he might be heard at the Bar, which was assented unto; and after he had spoken, he was commanded [Page 79]to retire; and not long after, was called in again to the Bar, where kneeling, Mr. Speaker acquainted him, since the Offence was so apparently hainous, the House did not hold it fit, that any particulars should be named, or to give any Reason of their Judgement, but the Order was, He should be carried to the prison of the Tower, and there remain during the pleasure of the House: and that he should be dismissed from his place of Knight of the Shire for Bucks, and a new Writ to issue for a new Choice.

15. Febr. 18. Jacobi, A Bill being read the second time for the better Observation of the Sabbath: one of the Members made an Invective against it, and something which seemed to reflect on a Member of the House who presented it, as savouring of a Puritan and a factious Spirit. Ex­ceptions were taken at the Words. After he had explained himself, he was ordered to withdraw out of the House; and De­bate being had, he was called to the Bar, and upon his knees, received the Judge­ment of the House pronounced by the Speaker: That he should be discharged from the Service of the House; with an in­timation, that his Judgement was very [Page 80]merciful, for that the House might for so exorbitant an Offence, have imprisoned and further punished him.

3. April, 1604. In a Debate upon a Bill, a Member of the House uttered some Speeches highly distasting the House; but no notice was taken of it till the Bill was committed, and then the Words being repeated, he was called to the Bar, where he made his excuse, and was pardoned.

26. April, 1641. Great offence was taken by the House at words spoken by Mr. J. H. He was first heard to explain himself, and then commanded to withdraw, and was called to the Bar, and suspended the House during that Session of Parliament.

27. May, 1641. A paper was brought in containing Words spoken by Mr. Taylor a Member of the House, concerning the passing the Bill of Attainder of the Earl of Strafford: who being heard to explain himself, and then commanded to with­draw; after some Debate in the House, it was resolved, That he should be expel­led the House; be made uncapable of ever being a Member of this House; and should forthwith be committed prisoner to the Tower, there to remain during the plea­sure of the House; and should make an [Page 81]acknowledgement of his Offence, both at the Bar and at Windsor publiquely. And he was called to the Bar, and there kneel­ing, Mr. Speaker pronounced the Sentence accordingly.

Of later times it hath been observed, as most conducing to the service of the House, that if in Debate, Words be let fall that give Offence, Exceptions should be taken the same day, and before such Mem­ber go out of the House; or he who is offended may move, That such person may not go out of the House, until he hath given satisfaction in what was by him spoken. And in such Case, after the pre­sent Debate is over, the Words must be repeated by the person excepting; and in case he desire, or the House command him, he is to explain himself, standing in his place; which, if he refuse to do, or the House be not satisfied with such Ex­planation, then he is to withdraw: But neither is this to interrupt the present Business of the House, as in the cases be­fore mentioned; nor if it be omitted that day, hath it been recalled afterwards to avoid mistakes, and out of a willingness rather to pass by, then take occasion of Offence.

13. May, 12 ^o Jacobi, Upon report of the Amendments to the Bill for the due observation of the Sabbath day, complaint was made that some indignity was offered to Sir R. Owen, when he was in the Chair at the Committee, by Sir W. H. that told him he was partial; and by Sir R. K. who took him by the hand, and told him, he would pull him out of the Chair, that he should put no more tricks upon the House.

Sir W. H. being present, made an ac­knowledgement of his error, which upon the Question was taken for a good satis­faction.

Sir R. K. was Ordered by the House to acknowledge his error at the Bar.

19 ^o Jacobi, Some speeches passing in the House privately between two of the Members, and some offence taken, which seems was not intended to be given; one one of them in going down the Parliament stairs struck the other; who thereupon catched at a sword then in his mans hand to strike with it. Upon complaint made of it to the House, they were both of them ordered to attend the House. Being come, be who gave the blow was called in, and standing (not at the Bar, but) by the [Page 83]Bar, was examined by Mr. Speaker, con­fessed the giving the blow, insisted on the provocation, and withdrew. The other was also called in, to relate the truth. After he had made the relation, and was likewise withdrawn, and testimo­ny given by a Member of the House who heard the Words; the House proceeded to Sentence against Mr. C. who struck the blow: he being brought to the Bar, there on his knees he received Judgement, which was pronounced by the Speaker, That he should be committed to the Tower during the pleasure of the House.

CHAP. XIII. Calling the House.

THere are two ends of Calling the House.

1. To discover whether any were in the House, who are not returned by the Clerk of the Commonwealth (formerly called the Clerk of the Crown) in Chan­cery; it having been accounted a great Crime, and severely punished.

5 ^o Martii, 1557. In the Parliament held 4 & 5 ^o Phil. & Mariae, I finde this Entry:

For that Christopher Perne affirmed, that he is returned a Burgess for Plimpton in Devon, and hath brought no Warrant thereof to the House, nor is returned hi­ther by the Clerk of the Crown, by Book or Warrant; he is awarded to be in the custody of the Serjeant, till the House have further considered.

It appears by that Book afterwards, that he was chosen a Burgess, and ad­mitted.

9. January, 1562. In the second Par­liament of Queen Elizabeth, For that it [Page 85]seemed to the House, being very full, that there were a greater number then was returned; therefore the Names were im­mediately called over, and as they were called, departed out of the House.

7 ^o Febr. 1588. The House was called, and every one answered to his name, and departed out of the House as they were called.

2. But chiefly the Calling the House, is to discover what Members are absent without leave of the House, or just cause; in which case, Fines have been imposed. And on this occasion, if the House be called, the maner hath been to call over the Names, and each Member to stand up at the mention of his name, uncovering his head. Such as are present are marked, and the Defaulters called over again the same day, sometimes the day after, some­times summoned, sometimes sent for by the Serjeant.

19. June, 1607. The House was called by the general Book of Names, in order as they were set down by the Clerk of the Crown at the beginning of the Parlia­ment, (so it is there entred) The Clerk called every one by his name; the person called, if present, riseth up bare-headed, [Page 86]and answereth; if absent, he is either ex­cused, and so entred, viz.

• either Licentiatur per speciale servitium.
• either Excusatur ex gratia.
• either Aegrotat.

If none Excuse him, he is entred, Deficit.

That no person may sit in the House until he be so returned, as aforesaid, ap­pears by several Instances of persons who were not Members; and for coming into the House, were brought to the Bar, and some committed; and some sworn, before they departed, to keep secret what they had heard there.

CHAP. XIV. Petitions in Parliament.

PEtitions are usually presented by Members of the same County; if they be concerning private Persons, they are to be subscribed, and the persons pre­senting them, called in to the Bar to avow the substance of the Petition, especially if it be a Complaint against any.

So 18. November, 1640. one Vivers presented a Petition in the name of the Major, Aldermen, Burgesses, and other Inhabitants of Bambury, was called in, and did acknowledge the hand to the Pe­tition to be his; and that he did deliver it by order, and on behalf of the Town of Bambury, and thereupon it was com­mitted.

The like, in the same Parliament, upon reading the Petition of one Ward of Sa­lop: And likewise on reading the Petition of Henry Hoogan.

CHAP. XV. Priviledge of Parliament.

IT is often mentioned in the Journals upon Debates, That Priviledge was due eundo, morando, redeundo, for the per­sons of Members, and their necessary Ser­vants; and in some cases for their Goods and Estates also during that time.

Some Question hath been touching the time in which the Priviledge is to be al­lowed, and the maner how it is to be obtained.

For the first, the Presidents are very numerous for allowing Priviledge during the Session.

1. For their own persons, They have been priviledged from Suits, Arrests, Im­prisonments, attendance on Trials, ser­ving in Juries, and the like; yea, from be­ing summoned or called to attend upon any Suit in other Courts by Subpoena ser­ved on them. To begin with the latter.

CHAP. XVI. Amendment of Returns.

18 ^o JAcobi, The Sheriff of Leicester­shire having returned Sir Thomas Beaumont; upon Report from the Com­mittee for Elections, That Sir George Ha­stings was duly chosen, the Sheriff was ordered to return Sir George Hastings to the Clerk of the Crown, and he to accept it, and file it.

21 ^o Iacobi, Upon Report from the Committee of Priviledges, That in the Election of Mr. Iohn Maynard for Chip­pingham; Mr. Iohn Maynard was chosen, but by a mistake, Charls was afterward written in stead of Iohn. It was resolved, The Return should be amended without a new Writ; and the Question being, who should amend it: Resolved, The Bayliff should do it, and not the Clerk of the Crown; and that it should be sent down to the Bayliff in the Countrey, and he to return Iohn Maynard Esq the first Burgess.

1 ^o Febr. 1640. It being Resosved, That the Election of Mr. Erle for one of the [Page 116]Burgesses of Wareham, is a good Election; It was Ordered, That the Officer, that was the Officer when the Return was made, or his Deputy, or the Electors, should amend the Return. But the next day it was Ordered, That Edward Harbin, the late Mayor of Wareham's Deputy, should come to the Bar of the House, and amend the Return.

20 ^o Febr. 1640. The Bayliff of Mid­hurst in Sussex came to the Bar, (being sent for by Order of the House) and amended one of the Indentures of Return of Burgesses for that Town, and the other was taken off the File.