THE PASSING OF BILLS.
CHAP. I.
Sect. I.
By whom Bills are drawne, and presented to the Parliament.
PUblique Bills are usually drawne by such of the House (with the advice of Lawyers) as of themselves are earnestly inclined to the effecting of [Page 2] some publique good, which requireth the assistance of some new Law, which being faire written in paper, with wide lines, they are either by some member of the house publiquely presented to the Speaker in the house, with some short speech setting forth the needfulnesse of a Law in that behalfe, or are delivered in private to the Speaker or the Clarke of the Parliament, to bee presented to the house at some time convenient. And it is in the choice of the party to preferre his Bill. First, into the Lords house, or the house of Commons which he list, and as he shall thinke it may most advantage his cause.
Many times upon the motion of some one of the house (wishing [Page 3] a Law were made for provision to bee had in such a case,) a Committee is purposely appointed by the house to draw a Bill to that effect; which being done, one of them presenteth it to the Speaker.
This is usuall in cases of great moment and difficulty.
The Bill for Subsidies is usually drawn by some of the Kings Councell, after the substance thereof, for the number of Subsidies & fifteenes to be granted, and the times of payment, is first agreed in the house. The preamble thereof containeth the causes of the grant, which is usually drawne by some principall member of the house, being a selected committees for that purpose.
[Page 4] Bills for the Revivall, Repeal or continuance of Statutes, are usually drawn by Lawyers being members of the house, appointed thereunto by the house upon some motion to that purpose made, which is usuall at the beginning of every Parliament.
Private Bills are usually drawn by Councellors at Law not being of the house, and sometimes by those of the house (and that for their fees) which howsoever it hath beene held by some to be lawfull, yet it cannot be but very inconvenient, seeing they are afterwards to bee Judges in the same cause.
A Bill hath beene sent to the Speaker signed by the hand of Queene Elizabeth with speciall commandment to be expedited, [Page 5] but that is a rare case and very extraordinary, yet such was her Majesties favour to Sir Thomas Perrot in a Bill for his restitution in bloud as it appeareth by the Clerkes Iournall 35. Elizabeth 26. Martii.
Such Bills as being first passed in one house are sent unto the other, are alwaies sent in parchment fairely ingrossed.
Thus much touching the first drawing and presenting of Bills to the Parliament.
Sect. 2.
Orders to be observed in preferring of Bills to be read.
PUblique Bills are in due course to be preferred in reading and passing before private: and of publique, such as concerne the service of God and good of the Church. Secondly, such as concerne the Common-wealth, in which are included such as touch the person, revenue, or houshold of the King, Queene or Prince, and they ought specially to be preferred in passing. Lastly, private Bills should bee offered to be read and passed in such order as they were preferred.
[Page 7] There have beene oftentimes orders in the house, that after nine of the clocke, when usually the house groweth to bee full, they should not bee troubled with the reading of any private Bill: And towards the end of the Parliament, when there remaineth many Bills in the house undispatched, there hath beene a speciall Committee appointed to take a survey of them, and to Marshall them by their titles in such order as they should thinke fit; they should bee preferred to their passage, having respect to the importance of the matter which they concerne.
It hath at sometimes beene ordered, that every one that preferreth a private Bill should pay five pound to the poore, which was [Page 8] done 43. Eliz. towards the end of the Parliament when they were troubled with much businesse, but it holdeth not in other Parliaments.
In the Treatise de modo tenend. Parliamet. which I have seene exemplified under the great Seal of Ireland in the sixt of Henry the fourth, testifying the same to have beene sent into Ireland by Henry the second, for a forme of holding Parliaments in that Kingdome, of which I have a copy there is (touching the order of preferring of Bills) this clause found.
Petitiones suntaffilate sicut deliberantur, & sic per or dinem leguntur & respondiantur, sed prime determinentur quae ad guerram perti [Page 9] nent, postea de persona Regis & Regine & puris suis, ac gubernationem corum & postea de communibus negotiis terrae; sicut est de legibus faciend. & emendend. (viz.) originalibus judicialibus & executoriis post judicium reddit, & post singulares petitiones secundum quod sunt super filariis.
But the Speaker is not precisely bound to any of these rules for the prefering of Bills to bee read or passed, but is left to his owne good discretion (except he shall bee especially directed by the house to the contrary) and howsoever hee bee earnestly pressed by the house for the reading of some one Bill; yet if he have not had convenient time to read the same over, and to make a breviat [Page 10] thereof for his memory; the Speaker doth claime a priviledge to deferre the reading thereof to some other time.
And thus much touching the order of preferring of Bills, to be read or passed. Now followeth touching the reading or passing of them.
Sect. 3.
Touching the first reading of Bills.
THE Clarke being usually directed by the Speaker (but sometimes by the house) what Bill to read, with aloud and distinct voice, first res [...]eth the title of the Bill, and then (after a little [Page 11] pause) the Bill it selfe; which done (kissing his hand) hee delivereth the same to the Speaker, who standeth up uncovered (whereas otherwise hee sitteth with his hat on) and (holding the Bill in his hand) saith, this Bill is thus intitn'ed; and then readeth the title; which done, he openeth to the house the substance of the Bill, which hee doth either, trusting to his memory, or using the helpe or altogether the reading of his Breviat, which is filed to the Bill, sometimes reading the Bill it selfe, especially upon the passage of a Bill, when it hath beene much altered by the Committees, so that thereby it differeth very much from the Breviat.
Tertia Sessione 1. Parliament. Iac Reg. It was ordered that the [Page 12] committees which amended the Bill, should likewise amend the Breviat in the principall matters for the case and direction of the Speaker.
When hee hath thus opened the effect of the Bill he declareth to the house that it is the first reading of the Bill, and delivereth the same againe to the Clarke.
The Bill containing the Kings generall pardon hath but one reading in the Lords house, and one below: The reason is, because the subject must take it as the King will give it, without any alteration: and yet many times exceptions are taken at the reading thereof, for that it is not so favourable as in former times.
The like of the Bill of Subsidies [Page 13] granted by the Clergie.
That day that the Speaker being approved by the King, commeth downe into the Commons house to take his place, the custome is to read for that time only one Bills, left unpast the last sessions, & no more, to give him seisin as it were of his place, 39. Eliz. 27. Octo.
The usuall course is to spend the morning before the house grow full in the first readings, and to defer the second or third reading till the house grow full.
At the first reading of the Bill it is not the course for any man to speak to it, but rather to consider of it, & to take time til the second reading; yet it is not altogether without president that a Bill hath beene spoken for, and against upon [Page 14] the first reading, which is very seldome, and onely in cases where the matter of the Bill is apparently inconvenient and hurtfull to the Common-weale, and so not fitting to trouble the house any longer; but at the first reading no man in ordinary course should speake to any one part of the Bill, or for any addition, for thereby it is implied that the body of the Bill is good, which till the second reading doth not regularly come to the triall.
If any Bill originally begunne in the Commons house upon the first reading happen to bee debated to and fro, and that upon the debate the house do call for the question, it ought to be not whether the Bill shall be secondly read, [Page 15] for so it ought to bee of ordinary course, but whether it shall be rejected in this sort As many as are of opinion that this Bill shall be rejected (say yea) As many as are of the contrary mind (say no) and the greatest number of voices shall carry it, 43 Eliz. 17. November. The Bill against unlawfull hunting. 5. Sess. Iac. Reg. 25. October.
If a Bill comming from the Lords bee spoken against, and pressed to be put to the question upon the first reading, the Speaker in favour and respect thereto, should not make the question for the rejection, as in Bills originally begunne in the Commons house upon the first reading, but should first make the question for the second reading: And if that bee denied, then for rejection. This [Page 16] course was usually held by Sergeant Phillips when he was Speaker. But usually when any such debate is upon the first reading of a Bill, the Speaker doth forbeare to make any question at all thereupon, except he be much pressed thereto, for that it were fit better to consider of it before it be put to such a hazard.
If the question for the rejection bee made, and the greater voice be to have it rejected, the Clarke ought to note it rejected in his journall, and so to indorse it upon the backe of the Bill, and it shall bee no more read; if the voice be to have the Bill retained it shall have his second reading in course.
It is against the ordinary course that the same Bill should be read [Page 17] more then once in one day, yet for speciall reasons it hath beene suffered, that private Bill have beene in one day read twice; As in the aforesaid case of Sir Thomas Perrot though it were a private Bill; so was it likewise done in the Bill for the assurance of lands given by Master Sutton for charitable uses, because he was taken then extreame sick, and that it was doubtfull whether hee might live while the Bill might have his passage in ordinary course.
And it is likewise done sometimes when the house lacketh other businesses wherein to imploy themselves, especially if the Bill be of no great importance, howsoever it is never but upon motion and speciall order.
When speciall Committees [Page 18] appointed for the drawing of some one speciall Bill, present the same ready drawne unto the house: it hath beene often seen that the same Bill hath beene not onely twice read, but ordered also to bee ingrossed the same day as it was in the Bill against counterfeit seales, 23. Eliz. 16. Feb. And in the Bill against disobedience to the Queene 4. Martii of the same Parliament.
Neither is it without president that a Bill hath beene thrice read and passed in the same day; as was the Bill of recognition of his Majesties title which came from the Lords, 1. Iac. Reg. Sess. 1. but this is a president that standeth alone, and in that case it was resolved that the Bill might not be returned to the Lords without a [Page 19] copy, first taken thereof by the Clarke to bee reserved in the Commons house.
Sect. 4.
Touching the second reading and committing of Bills.
A Bill may bee preferred to be secondly read the next day after the first reading, but the usuall course is to forbeare for two or 3. daies, that men might have more time to consider upon it, except the nature of the businesse be such that it requireth haste.
After the Bill is secondly read, the Clarke as before in humble manner delivereth the same to the Speaker, who againe readeth the [Page 20] Title and his Breviat as hee did upon the first reading, which done, hee declareth that it was now the second reading of the Bill, and then hee ought to pause a while, expecting whether any of the house will speake to it, for before the Speaker hath so declared the state of the Bill, no man should offer to speake to it; and then and not before is the time when to speake.
If after a pritty distance of time no man speake against the Bill for matrer or forme, he may make the question for the engrosing thereof, if it be a Bill originally exhibited into the Commons house.
So likewise if divers speak for the Bill without taking exception to the forme thereof, hee [Page 21] may make the same question for the ingrosing. The like question for the ingrosing ought to bee made, if the greater voice bee that the Bill shall not be committed, for it were to no end further to delay the proceeding of the Bill if there bee no exception taken to the matter or forme thereof, but upon the second reading, and after the Speaker hath dilivered the state thereof, the house doth usually call for the comitting of the Bill, and then if any man will speake against it either for matter or forme, he ought to be heard.
After the first man hath spoken, the Speaker ought to rest a while expecting whether any other man will speake thereto, so ought he likewise to doe after every [Page 22] speech ended, when he perceiveth that the debate is at an end, hee ought then to make the question for the committing thereof in this sort.
As many as are of opinion that this Bill shall bee committed say (yea.)
And after the affirmative voice given, as many as are of the contrary opinion say (no.)
And hee ought by his eare to judge which of the voices is greatest, if that be doubtfull, the house ought to bee divided touching the manner, whereof there shall bee more said in another place.
If upon division of the house it appeares that the numbers are equall, the Speaker hath the casting voice upon all questions.
[Page 23] If it appeare that the affirmative voice bee the greater, then ought hee to put the house in minde touching the naming of Committees, which is done in this sort.
Every one of the house that list may call upon the name of any one of the house to be a Committee, and the Clarke ought in his journall to write under the title of the Bill the name of every one so called upon, at leastwise of such whose names (in that confusion) he can distinctly heare, and this hee ought to doe without partiality either to those that name, or to the party named. But touching the naming of Committees, and their duties, more shall bee said in another Chapter.
[Page 24] But hee that speaketh directly against the body of the Bill, may not be named a Committee, for he that would totally destroy will not amend.
When a convenient number of Committees are named, then ought the Speaker to put the house in minde to name time and place, when and where the Committees may meete, which the Clarke ought likewise to enter into his journall booke, and when the house is in silence, he ought with a loud voice to read (out of his booke) the Committees names, and the time and place of the commitment, that the Committees may take notice thereof.
After a Bill which is sent from the Lords hath beene twice read, the question ought to bee for [Page 25] the Commitment, if it be denied to be committed, it ought then to be read the third time, and then the next question ought to be for the passage and not for the ingrosing, as it is where the Bill originally beginneth in the lower house, for Bills which come from the Lords come alwaies ingrossed.
This question for the passage should in ordinary course be then made when the Bill is denied to be committed, but not till the Bill have beene read the third time.
If that question for passage be deferred till another day, it hath beene much doubted whether it may then bee then offered to the passage; but upon debate of this point after many arguments to and fro, Anno 27. Eliz. 18. February [Page 26] by the opinion of Sir Francie Walsingham, then one of the house, and by order of the whole house it was agreed it might be done.
The Bill then in question was the Bill against fraudulent conveiances. Fol. 85. & 86. in the Clarkes booke for that yeare, so it was done 1. Sess. 1. Parliament. Iac. Regis for the Bill of hunting. But this president is not so safe, for the house considering that oftentimes the Bill is denied to bee committed upon utter dislike thereof, after it hath beene long debated; and yet if that rule should hold, there may be a time picked out of great disadvantage to the house to put it to question for the passage.
In the debating of Bills in the house no man may speake twice in one day, except the Bill bee [Page 27] oftner read then once, and then a man may speake as often as the Bill is read, otherwise it is at Committees, or when in the house the debate ariseth upon some motion concerning the order of the house; but touching the manner of speaking, and what orders shall be observed therein, more shall be said elsewhere.
When the Committes have fully resolved touching the Bill, and the amendments thereof; one of them by the consent of al the rest ought to make report thereof to the house, opening the substance of the things amended, and the reasons thereof; which done, hee ought to bring the Bill so amended to the Clarke, and to stand by the Clarke all the while that the Clarke is reading of theamendments, [Page 28] and ought to helpe the Clarke in reading of the same in case it be difficult to bee read, which falleth out very often by reason of interlineing or ill writing.
The Clarke ought to read every amendment and interlineing twice, that so it may have as many readings as the rest of the Bill hath had, and very many times it will fall out that the inlineing and amendments so read by the Clarke, will of it selfe (without reading of the clause going before or following) bee no sense, yet notwithstanding the Clark ought only to read the new amendments without medling with any of the rest of the Bill, for it is intended that the reporter hath declared to the house [Page 29] the reason of the amendment, and the connexion thereof to the rest of the Bill to make it sense.
And it hath sometimes beene permitted (when the amendments have beene many, and ill written) that the whole Bill hath beene first read, and then the alterations by themselves.
The Bill of hostile Lawes. 3. Sess. 5. Parliamen. Iac. Reg. 4. Iunii 1607.
After the amendments thus read, the Clarke ought to deliver the Bill unto the Speaker, who (holding the same in his hand) ought againe to read the Title thereof, and to put the question whether or no it bee the pleasure of the house that the Bill thus amended shall be put to the question for ingrossing, and then [Page 30] ought to pause a while, expecting whether any man will speake to it or no; for it is as free for any man to speake against the Bill at this time, though it hath passed the approbation of the Committees, as it was at the second reading before the same was committed.
And after the debate is ended, the Speaker ought to put the question for ingrossing.
If the greater number of voices be that the Bill ought not to be ingrossed, the Clarke ought to make an entry in his journall, that the same was dashed, and so ought hee likewise to note upon the backe of the Bill, and the day when. If the voice be to have it ingrosed, it is the office of the Clarke to do it.
[Page 31] It is alwaies to bee observed that when the Bill is ingrosed, the Clarke ought to indorse the title thereof upon the backe of the Bill and not within the Bill in any case.
So ought likewise such Bills as come from the Lords to have Titles ingrossed upon the backe of the Bill, and not within: In defect whereof, divers Bills comming from them, have beene returned to bee amended, As may appear by the journalls 27. Eliz. 19. Decem. 13. E. 27. May, 39. E. 24. Octob. 4. Sess. 1. Parliament. lac. Reg. 5. Maii.
The Bill as it is Amended by the Committees ought to remaine with the Clarke for his warrant, and it is not an ordinary course to cause the Bill so amended to bee [Page 32] fairely written for the better ingrosing thereof; yet hath it been seene that a Bill ill written in the amendments hath beene returned to the Committees to bee fairely written, and by them presented to the house; and upon the reading thereof ingrosed, 27. Eliz. fo. 91. in the journall. At sometimes it hath beene ordered that a Bill so written should bee proceeded in as a new Bill, 23. Eliz 28. Feb. 27. Eliz. fo. 91. in the clarkes booke or journal.
After a Bill hath beene committed and is reported, it ought not in an ordinary course to bee committed, but either to bee dashed or ingrosed; and yet When the matter is of importance, it is sometimes for speciall reasons suffered: But then usually [Page 33] the recommitment is to the same Committees. The Bill against the Marshall sea, 3. Sess. 1. Parliament. Iac. Reg. 30. Aprill 1607. was committed and reported and councell heard at the bar. Whereupon it was recommitted and other Committees added who altered the former proceedings, and it was agreed that the former proceedings were waved, and the latter good.
Sect. 5.
Touching the third reading of Bills.
SOme two or three daies after the Bill is thus ordered to bee [Page 34] thus ingrosed, and is accordingly ingrosed; it is offered by the Speaker to bee read the third time for the passage thereof.
For the most part, the Speaker putteth not any one Bill to the passage by it selfe alone, but staieth till there bee divers Bills ready ingrosed for the third reading; and when he hath a convenient number (which may bee five or six, rather lesse then more) then hee giveth notice to the house that he purposeth the next day to offer some Bills to the passage, and desireth the house to give speciall attendance for that purpose, and then the day following he doth accordingly put them to the third reading. First, private Bills untill the house bee growne to some fulnesse, [Page 35] and then offereth to bee read the publique Bill which are ingrosed.
It hath at sometimes beene ordered for the preventing of carrying of Bills, with few voices, that no Bills shall bee put to the passage untill nine of the clock, at which time the house is commonly full, or shortly after.
When the Bill is read the third time, the Clarke delivereth it to the Speaker, who readeth the Title thereof, and openeth the effect of the Bill, and telleth them that the Bill hath now beene thrice read, and that (with their favours) hee will put it to the question for the passing, but pauseth a while, that men have liberty to speake thereto, for upon the third reading the matter [Page 36] is debated afresh, and for the most part it is more spoken unto this time then upon any of the former readings.
When the argument is ended the Speaker (still holding the Bill in his hand) maketh a question for the passage in this sort; As many as are of opinion that this Bill should passe say yea &c.
If the voice be for the passage of the Bills, the Clarke ought to make a remembrance thereof in his Journall. If otherwise, then his remembrance must be made accordingly. Upon the Bill thus passed (if it be the Bill originally exhibited in the house of Commons) the Clarke ought to write within the Bill on the top towards the right hand these words ‘Soit baille aux Selgneurs.’
[Page 37] If the Bill passed be a Bill originally begunne in the Lords house, then ought the Clarke to write underneath the subscription of the Lords, which alwayes is at the foot of the Bill, these words, ‘A cest Bille les comuns sont assentus.’
There are divers other formes of signing of Bills, sometimes when new Additions are made, sometimes when Provisoes are added, of which more ample mention shal be made in the chapter which treateth of the dutie of the Clarke.
If the house see cause to amend any thing in a Bill originally begunne in the Commons house upon the third reading thereof, and that the amendment thereof [Page 38] will not much deface the Bill, nor spend much time, the use is to cause the Serjeant to call in the Clarke that did ingrose it (being usually a servant to the Clarke of the house and to cause him standing at the Table, by his master, in the presence of the whole house, to amend the same according to their direction. Sometimes if the amendments bee but of a few words, it is done by the Clarke himselfe, writing of a faire hand.
It hath sometimes beene seene (which is rarely yeeleded unto, and onely in cases where the Bill to bee passed is of good importance) that if a question grow for the amendment of some clause, or for the making of some addition thereunto, that it hath beene [Page 39] recommitted for the amendment thereof: but then usually the Committees are appointed forthwith to withdraw themselves into the Commitee Chamber, and presently to dispatch the same.
The Bill concerning Rites and Ceremonies, at the third reading was referred to bee farther conside. red of, 14. Elizab. 20 Maii, and in 43. Elizab. 2. Decembr. The Bill to avoid double payment of dibts, 13. Sess.1. Parliament. Iac. Reg. Master Bathwests Bill being ready for the question to passe, was deferred for eight dayes, that the other part might have notice, and then passed without further opening. Quod nota.
No Bill upon the third reading for the matter or body therof, may be recommitted, as hath [Page 40] been said, but for some particular clause or proviso it hath bin some times suffered; and that difference was taken for a rule in the Bill for Seasands, 4. Sess. 4. Maii 1610. In the third Sessions of the first Parliament of King James, 12. die Maii, the Bill of cloathing being ingrossed, and read the third time, exception was taken to the last proviso thereof, whereupon after much debate it was recommitted; which is to bee observed as a thing unusuall after the third reading.
The next day if was returned againe by the Committees, with their opinions that they held it fit that a proviso therein should be strucke out; whereupon the question grew whether the proviso being put to the question alone, and rejected, the whole Bill [Page 41] should not be dashed, thereby at last resolved no; whereupon the proviso being put to the question and rejected, it was ordered it should bee razed out of the Bill, which was presently done at the board, by the Clarke, and the Bill was put to the question, and so passed. The like in the Bill concerning Wherrymen the same Session, 18. Maii 1607.
It hath beene much doubted, whether when a Bill is in debate for the passage, it ought not to receive the resolution of the house the same day wherein it is first offered to the passage, but there have of late been some presidents, where the case being of some importance, and the debate growing long, the argument hath beene put over till the day following, [Page 42] in which case hee that hath already spoken to the Bill the fist day, may not againe speake the second, no more then he may speake twice in one day where the argument is not deferred to another day.
If a Bill be rejected, the same Bill may not bee offered to the house again the same Session; but if it bee altered in any point materiall both in the body and in the title, it may bee received the second time.
In the time of the reading of a Bill, the house should not bee interrupted with any other busines, and yet in 1. Eliz. 24. Maii, the house adjourned it selfe till the next day, after the Bill for sealing cloathes was halfe read, onely to bee present at the conference about [Page 43] Religion in Westminster Abbey.
Sometimes the house conceiving much offence against some Bills, doth not onely order it to be rejected, but to be torne in the house; as it was done in the Bill to avoid Aliens not being here for Religion; 1. Eliz. 23. Iannar.
It hath beene seene that two Bills being apt to bee joyned together, have by order of the house, after they have beene twice read, ordered to be ingrossed as one Bill, and so passed, which is somewhat strange, for that both being made into one Bill, it is thereby become a new Bill; neverthelesse it was so done in two Bills concerning Treason, 13. Eliz. 26. Apr.
When a Bill is thrice read and [Page 44] passed in the house, there ought to be no further alteration thereof in any point. Neverthelesse if it doe appeare that there be some apparent mistakings therein, either by false writing, or otherwise, the house upon notice therof hath caused the same to bee amended the day following, and reading the amendments three times, have againe passed the Bill upon the question, which is a rare president; yet was it so done 23. Eliz. 20. Ianuarii, Popham being Speaker, which is a memorable case.
Anno 23. Eliz. 14. Martii, the Lords sentdown a Bill touching the maintenance of the borders of Scotland, the house proceedeth with another Bill to the same effect, the Lords complains that it is against [Page 45] order so to doc, without praying a conference with them which was spoken by the Lords at a conference and answered by the Committees of the Commons house, they might lawfully so doe.
Sect. 6.
Touching Provisoes, Schedules, Amendements, and amendments of Amendements.
TOuching the offering and passing of Provisoes, the course is thus; If any man will offer a Provisoe to a Bill originally begun in the Commons house, it ought to be offered in paper as [Page 46] long as the Bill it selfe is not ingrosed; but when the Bill is once ingrosed it ought to be offered in parchment, and not in paper.
If a Provisoe or Schedule of addition, bee offered to any Bill comming from the Lords at first or secōd reading, it must be offered in paper & not in parchment, though the Bill bee a Bill ingrosed, for that it may receive much amendment at the Committee, and when it is together with the Bill returned to the Committees, there ought to bee a speciall question made by the Speaker whether the Provisoe shall be ingrosed, if it be denied, he may put the Bill to the passage at the third reading without the Provisoe, if otherwise, then he ought to deliver the Provisoe to bee ingrosed, [Page 47] and some other day when the Provisoe is ingrosed must put the question upon the passage.
If it be offered at the first reading to a Bill begun in the Commons house, which is seldome, it ought to be but once read at that time, and so filed to the Bill; If at the second reading it ought to be read twice as the Bill it self hath beene, and ought to bee committed together with the Bill; if it bee offered at the third reading, the Bill being ingrosed, it ought to bee read three times before the question bee put for the passage of the Bill; but after every severall reading thereof, the Clarke ought to pause a while to give men time to speake thereto: many times upon the second reading it is spoken unto, [Page 48] and sometimes committed or amended at the Board, sometimes rejected without more reading: upon the third reading thereof the question ought to bee made whether or no the house doth thinke fit to annex that Proviso to the Bill read, which question ought to be made singly upon the Proviso, and afterwards the question ought to bee made for passage of the Bill, together with the Proviso annexed. If the Bill with the Proviso annexed doe passe upon the third reading, the Clark ought to signe the same in this sort upon the Bill towards the right hand.
And ought to signe the Proviso it selfe. [Page 49] ‘Soit baille anx Seigneurs.’
The like rules here given for Provisors are to bee observed, when any Addition (which alwayes containeth in it another clause) or branch of the Bill, is desired to be enacted, and offered by any of the house, with this difference, that wheras the Clark in case of a Proviso maketh mention of the Proviso annexed, he ought in this case to write avec [...] un Schedule annex, for that which containeth an Addition, is called a Schedule. After a question propounded in the affirmative, upon the passage of a Bil, & before the question for the negative part, a Proviso was offered, and judged to be received, 1. Iacobi 13. Iun. 1604. Such Bills as come from the Lords, have their passage in [Page 50] the Commons house by three readings, as well as those that originally begunne, there when they are committed, and the Committee see cause to make some amendment in them, they ought not to interline, or raze, or make any other alteration in the Bill it selfe, as they doe in their owne Bills, but in a paper thereto annexed they ought to expresse in what line, and betweene what words they desire the amendments to bee made, which they ought to returne up to the house. If upon the report thereof, the house shall approve the doings of the Committees, then ought the Bill with the Paper affixed, to bee sent to the Lords house, to bee accordingly amended by the Lords, if they shall so thinke good. So [Page 51] likewise ought the Lords to doe where they desire alterations in any Bill passed from the Commons house unto them. And in this case after the amendments read three times, the question ought first to bee put whether the amendments shall accordingly be assented unto. Secondly, for the passage of the Bill, which the amendments (if it passe) the Clark ought to signe it in these words underneath, the signing of the Lords at the foote of the Bill. ‘Acest bille avecque les amendments les comuns one assentus.’
When the Lords send downe amendments they ought to bee read two times, and then if excepted unto, put to the question for the committing. If they be approved by the Committees, and so [Page 52] reported then ought the question to bee put for the amendment of the Bill accordingly.
Anno 29. Eliz. 25. Decem. the Bill touching labourers, passing first from the commons house, was sent from the Lords with amendments in parchments, & the parchments formally indorsed, Solt baille aux comuns; to which, exception being taken, there was much contention about it betwen the houses, and Presidents sought up, and at last resolved it ought to be in paper without any indorsement at all; otherwise it is where there is a Schedule of additions, or a Proviso annexed, for they ought alwaies to be sent in parchment; the journall booke in this place handleth this point at large.
[Page 53] If there bee cause to make alteration in some Proviso or Schedule sent from the Lords, the amendment ought to be tendred in paper, and so passed to the Lords, 3. Sess. Iac. Reg. 30. Iunii.
If besides the amendments a Proviso be added thereunto or a Schedule of additions, there ought to bee mention thereof made by the Clarke in the signing of the Bill.
If the Commons house passe a Bill sent from the Lords with some additions by way of Schedule (which ever containeth some new clause or entire branch added to the Bill) or with some Proviso to be added thereto, the same ought to be signed as a new Bill. [Page 54] ‘Soit baille aux Segneurs.’
For the omission of which the Lords conceiving that they have not had warrant to proceed, thereupon, have returned the same to the Commons house to be amended, and the same hath been reformed accordingly, in the Bill against scandalous rumors, 23. Eliz. 8. Maii.
If the Lords doe absolutely disallow of any thing required by the Commons house to be put out, or of any addition or alteration to be made by way of amendment, the Bill can then have no further proceeding; for if the Commons say put out, and the Lords say let it stand as it was, the same being before determined by question in the Commons house, cannot be brought to the [Page 55] question againe, 23. Eliz 9. Mar. The Bill of scandalous Rumours &c. But if the Lords for explanation of such a sentence as is in question, do add words to the additions of the Commons, without putting out of any part of that which is required to bee added or altered by the Commons, the same being set downe in writing by the Lords, and sent to the Commons, together with the Bill, if the Commons do allow thereof, they are to add the words required by the Lords paper, and to insert the same into their owne paper, and so returne the same to the Lords; who thereupon ought to enter it into their Bill ingrosed, and so the Bill hath his passage. The like in all points mutatis mutandis, in Bills originally, [Page 56] begunne in the Commons house, and sent to the Lords; but if to the Bill comming from the Lords, any Proviso or entire new matter bee added by the Commons (because it is adjudged as a new Bill) and hath not beene at the question in both houses, the Lords may by their paper require to have part thereof put out, or may offer additions thereunto, which being returned to the Commons, and they giving allowance thereof, they are accordingly to amend the same in their owne house, without sending it backe to bee amended by the Lords; for amendments ought alwaies to bee in that house from whence the thing to bee amended originally proceedeth; though the directions for the amendments [Page 57] came from the other house; and so mutatis mutandis, in Provisoes or other entire additions required by the Lords to be added to any Bill proceeding from the Commons: And it is held for a generall rule, that neither house may of themselves put out any thing which they have before passed, otherwise then requested by the house which hath not passed the same: In the Parliament 31. Eliz. when Mr. Snagge was Speaker, It was usuall when either house desired the cleare passage of any Bill sent unto them from the other house, in which they though fit to make alterations to acquaint the house from whom it came, with the alterations which they intended to make, and to desire to know their willingnesse thereto, thereby to prevent the [Page 58] hazard of the Bill; If perhaps they should make alterations not approved of. In like sort they sometimes used conferences onely, to prevent the casting away of Bills for some small difference about the amendments. See for this the Clarkes booke of the Parliament 21. Martii, and 27 Elizab. 10. Martii; the Bill against Iesuits: The like 23. Eliz. 17. Martii, the Bill against seditious rumours. Anno 23. Eliz. 24. Martii, In the Bill for the better government of Westminster, the Commons at the request of the Lords doe alter their owne amendments. The like was done by the Lords at the request of the Commons upon a conference for that purpose. In the Bill of Hostile Lawes, 3. Sess. 1. Parliament. Iac. Reg. 29. Iunii 27. [Page 59] Eliz 22. Feb. The Lords by a message without any paper sent unto them, have beene prayed by the Commons house to amend the sense of some of their amendments, that so the house might further proceed there with all, which hath accordingly beene performed, and then their amendments have beene considered, allowed and returned, 23. Eliz. 17. Martii, In the Bill touching Scottish orders.
In the Bill against vagabonds 13. Eliz. It was resolved that certaine words required by the Lords to be put out, should not be put out of the Bill, but staied still in the same, qualified with other words, with condition that if the Lords should not agree to the said qualification, the house [Page 60] would not bee bound by the said resolution, which was done of purpose to avoid the hazard of the Bill, in case the Lords should not agree thereto.
When amendments of any Bill comming from the Lords are returned by the Committees or otherwise added by the house, they ought presently to bee read three times before they be put to the passage with the Bill. In the Parliament 13. Eliz. at the third reading of a Bill which came from the Lords, an addition in paper was by question affiled to it, the addition having beene but once read, the Bill was put to the question, and the house divided upon the passage, the error being espied, after long argument thereupon, the additions were ordered [Page 61] to bee read twice more, and the Bill was againe put to the question and passed: this was the Bill against taking up of previsions within 5. miles of Oxford, which passed 25. May, in the Parliament Anno 2. & tertio P. & M. the Bill for exactions at musters, had a Proviso annexed by the Commons house, and the Lords returned the Bill, desiring the Proviso annexed might be taken off, and a new devised by themselves put in place thereof.
Anno 27. Eliz. 5. Feb. The Lords having made additions to a Bill passed from the Commons house, the Commons pray conference with them, and desire that they themselves may have leave to make a further addition to their owne Bill, or that the [Page 62] Lords would bee pleased to supply the same with an addition of theirs, which the Lords refused to doe, because they found no such president, Anno 27. Eliz. Fol. 81. In the Iournall, The Bill against fraudulent conveiances passed from the Lords, was upon the second reading refused by the house to bee committed; whereupon the Lords craved a conference, and shewed it was a Bill which her Majesty called her Bill, drawne by the Councell, with the advice of her Judges, and therefore wondred at the proceedings of the house, and concluded that they expected and desired that the house would take it into their further consideration; afterwards the house by a special Committee praying their [Page 63] Lordshippes to joine in petition to the Queene about matters of Religion, causing the messengers to stay in the painted Chamber, after a while sent out unto them the chiefe Justice and others to tell them, that when they received an answer from the house touching the Bill of fraudulent conveiances, the house should have an answer touching the petition.
An. 27. Eliz. 10. Mar. Fo. 130. in the Iournall to the Bill against Jesuits, which passed from the the Commons house, there were some amendments desired to bee made by the Lords, the Commons by message desire the Lords to reforme their desired amendments in some points, which the Committees for the [Page 64] Lords thought could not bee done by order; but the Commons house resolved it might bee well helped by a Proviso in the Commons house, and chose rather to take the course, then further to urge their Lordships therein.
Anno 27. Eliz. 13. Mar. The Bill touching the sabbath, which upon divers conferences of the houses, received divers additions, alterations and amendments of amendements, and by that meanes was much defaced, was sent downe by the Lords and praied by them that it might be new written, which was done, and so it passed again in both the houses.
Anno 25. Eliz. 31. Mar. The Bill against popish recusants, first [Page 65] passing from the Lords, was returned with amendments, which the Lords aseented to, and sent downe the same againe amended by them accordingly; And also a Proviso annexed thereto to bee passed, if the house should thinke good, which was yeelded to; and the Proviso being thrice read, was with the Bill passed accordingly, 6. Apr.
This is a very remarkeable president, that a Proviso should be added by them who first passed the Bill, and not to have any reference to any alteration or amendment inserted by direction from the other house.
When amendments are desired by the Lords to a Bill past from the lower house, and thrice read, the question ought to bee [Page 66] whether the house wil be pleased to admit of those amendments, and that being yeelded unto, the Bill it selfe ought not againe to be put to the question.
If it be resolved to allow the amendments, the alterations are usually made by the Clarkes servants sitting without the Parliament doore, according to the direction in paper annexed to the Bill, and the Clarke is trusted with the examination thereof.
In the fourth session of the first parliament of king James, it was conceived by some of the commens house, that by reason that Bills which are passed in both houses and oftentimes razed in either house, and no mention made any where of such razures lawfully made, that it might give [Page 67] occasions to persons ill disposed, to make razures in Bills past, much to the prejudice of the Common wealth; it was therefore moved that the L. Chancellor for the upper house, who supplies the place of Speaker there, and the Speaker in the house of Commons should subscribe their hands to every Bill so razed; and that mention should bee made upon the Bill of all the razures therein, but this motion was not further prosecuted.
Sect. 7.
Touching the sending of Bills from one house to the other.
WHEN the Speaker hath in his hands a convenient number of Bills ready passed, as five or six or thereabouts, hee then putteth the house in minde of sending them up to the Lords, and desireth the house to appoint messengers, who accordingly do appoint some one principall member of the house for that purpose, to whom the Bils are delivered in such order as he ought to present them to the Lords, [Page 69] which is done by direction of the Speaker, except the house bee pleased to give speciall direction therein.
The order which hath usually beene observed in ranking of them, is first to place them that came originally from the Lords.
Secondly, those that being sent up unto the Lords from the Commons house, were sent backe to be amended.
Thirdly, publique Bills originally comming from the Commons house, and they to bee marshalled according to their degrees in consequence.
Lastly, are to be placed private Bills in such order as the Speaker pleaseth.
Many times the house (with a purpose specially to grace some [Page 70] one Bill) sendeth it alone sometimes with a speciall recommendation thereof. The messenger for this purpose is usually attended by thirty or forty of the house, as they please and are affected to the businesse.
In the Parliament Anno 31. Eliz. Mar. A private Bill for the releefe of one Thomas Haselridge, being passed, the Commons house was sent up only with four or 5. messengers, to which the Lords taking exceptions, returned the Bill, saying, they had cause to doubt that it passed not with a generall consent of the house; because it passed not graced with a greater number, and left it to the consideration of the house, to send it backe in such sort as was fit. The principall messenger [Page 71] which delivereth the Bills to the Lords comming in the first ranke of his company to the Barre of the Lords house, with three congees telleth the Lords, that the Knights, Citizens and Burgesses of the Commons house, have sent unto their Lordships certain Bills, and then reading the title of every Bill as it heth in order, so delivereth the same in an humble manner unto the Lord Chancellor, who of purpose commeth to the Bat to receive them.
Bills sent from the Lords to the Commons house, if they be ordinary Bills, are sent down by Sergents at Law, or by two Doctors of the civill Law, being Masters of the Chancery, and being attendants in the upper house, accompanied sometimes with the [Page 72] Clarke of the Crowne an attendant there.
Bills of greater moment are usually sent down by some of the Judges assistants, there accompanied with some of the Masters of the Chancery, who being admitted entrance, doe come up close to the table where the Clarke sitteth, making three congies, and there acquainting the Speaker that the Lords have sent unto the house certaine Bills, doth read the Titles and delivereth the Bills to the Speaker, and so againe departeth with three congies; when they are out of the house, the Speaker holdeth the Bills in his hands and acquainteth the house that the Lords by their Messengers have sent to the house certaine Bills, and then [Page 73] reading the Title of every Bill, delivereth them to the Clarke to be safely kept, and to bee read when they shall be called for.
Bills originally preferred to the Lords house, have such proceeding in that house in all points, as Bills preferred to the Commons house have there, only when any question is made in the Lords house, the triall thereof is by saying content or not content, and if that be doubtfull, then by telling the Poles, without dividing the house.
Sect. 8.
Touching the Royall Assent.
VVHEN Bills are thus passed by both the houses upon three severall readings in either house, they ought (for their last approbation that so like to silver they may be seven times purified) to have the Royall Assent, which is usually deferred till the last day of the Session; But it may bee given at any time during the Parliament; touching which it hath been much doubted, and oftentimes debated, whether the Royall Assent given [Page 75] to any one Bill, doth not ipso facto conclude that present Session, which question is of great consequence; for if thereby the Session be at an end, then ought every other Bill not having the Royall Assent (though it hath passed both the houses) to bee againe read three times in either house, and to have the same proceedings as at first, as if nothing had beene formerly done therein; so must it bee of all other Acts of the house. But in the last Session of the first Parliament of King James, the house being then desirous to have a Bill to bee forthwith passed, declared, that the Royall Assent to one Bill or more, did not dissolve the Session without some speciall declaration of his Majesties pleasure to that purpose, [Page 76] 8. April 1604. in the Journall.
So likewise it appeareth by the Iournall 1. & 2. Phil. & M. 21. November, that the King and Queene came of purpose into the Parliament house to give their Assent to Cardinall Pooles Bill. And upon question made, it was then resolved by the whole house that the Session was not thereby concluded, but that they might proceed in their businesse, notwithstanding the Royall Assent given, but for more security it is usuall to insert a Proviso to that purpose.
At the giving the Royall assent it is not requisite that the King be present in person for by expresse words of the Stat. of 33 of Hen.8. Ca.21. The Kings Royall assent by [Page 77] his letters pattents under the great Scale signed by his hand, and declared and notified in his absence to the Lords Spirituall & Temporall, and to the Commons assembled in the higher house, is and ever was of as good strength and force, as though the person of the King had beene there personally present, and had assented openly and publiquely to the same; According to which Statute the Royall Assent was given by commission, Anno 38. Hen. 8. unto the Bill for the Attainder of the Duke of Norfolke, and very oftentimes since.
The Royall Assent is given in this sort: After some solemnities ended, of which mention shall be made in the Chapter which treateth of the conclusion of the Parliament, the Clarke of the Crown [Page 78] readeth the Title of the Bills in such order as they are in consequence, after the Title of every Bill is read, The Clarke of the Parliament pronounceth the Royall Assent, according to certaine instructions given him from his Majesty in that behalfe.
If it bee a publique Bill to which the King assenteth, the answer is Le Roy leveult.
If a private Bill allowed by the King, the answer is, Soit fait come il est desire
If a publique Bill (which the King forbeareth to allow) Le Roy se avisera.
To the Subsidie Bill, ‘Le Roy remercy ses Loaulx Subjectes accept lout benevolence, et auxy le veult.’
To the generall pardon, ‘[Page 79]Les Prelates, Seigneurs et Comons en cest Parliament assembles au nom de touts vous auters subjecte temoreient treshumblement vostre Majesty, et prient dieu vous doner en sante, bone vie, et longe.’
And thus much concerning passing of Bills according to the moderne practice: In ancient times the practice was much differing as elsewhere shall bee declared; but that ancient order as it was nothing so curious as this, so was it not so safe for the Subject, as by comparing both together will easily appeare.
A report of divers memorable passages between hath Houses in the Parliament 18. Eliz. concerning the adding of a proviso by the Commons, unto a Bill sent to the Lords, ingrosed & signed by the Queen, and passed by the Lords for the restitution in blood of a certaine Lord, and sent down by Lords to the house of Commons.
A Noble Lord, whose Father was attainted of murther, (and thereby his bloud corrupted) made suite to the Queene to bee restored in bloud by Parliament, which shee inclined unto, and in declaration [Page 81] of her good liking thereof, signed his Bill ingrosed, which passed the Lords house, and was sent downe to the Commons.
The Bill upon the second reading by some was impugned, through mistake of the person, and by some others, for that there wanted a Proviso for purchasors from his Father and other Ancestors.
To the first, it was answered, that seeing her Majesty had signed the Bill, no doubt she was satisfied touching the person, and hee being a yong Noble man there was great hope of him.
To the second, that if the saving (which was already in the Bill) were not sufficient, there might be other provision.
The Bill was committed, and [Page 82] the Committees thought to adde a Proviso to barre the Lord, that he should not take advantage of any errors in any fine or other conveiance by his Father or Ancestors, but should bee in that case as though his bloud were not restored, in which state hee can bring no writ of error: The occasion of which Proviso grew chiefely, for that the Lords had within few daies before in this Session dashed a Bill that passed in the Commons house for the helping of such errors; whereupon they thought it dangerous to give that scope to any man that should be restored in bloud; and therefore they added such a Proviso both in this Bill and other Bills of the like kind.
The said Lord endeavoured [Page 83] by his councell to satisfie the Committee, that the saving in the Bill was sufficient without a new Proviso; but they being not satisfied therewith, he procured a message from the Lords to the Commons, that the Bill might passe in such sort as was signed by the Queene without any addition, which they thought could not bee made without the consent of her Majesty, which message was sent after the Committees had agreed upon the Proviso, and reported the same to the house. The Commons tooke this manner of dealing to be very strange, not having heretofore received any such message from the Lords tending to prescribe them what they should do in the actions of that Councell, and [Page 84] notwithstanding that message intended to proceed as they had begun.
The next day the Lord procured another message from the Lords, desiring a meeting and conference with the Commons about it, which message the Commons conceiving it to be strange to be in this manner pressed, they gave the Bill a third reading, and the new Proviso as the course is, & so sent up the Bill to the Lords with the Proviso annexed, with one other Bill.
Herewith the Lords were greatly moved, and the same afternoone sent a message to the Commons house by Mr. Justice Munson, and Sergeant Barham, that some of them should come to speake with certaine of the [Page 85] Lords in such matters as they had to say to them, & to the Commons house; according to which message certaine of the Commons house were appointed, and did give attendance on the morrow morning between 8. and nine of the clocke in the painted chamber, sending in word by the Usher of their being there.
The Lords, after a great pause, at last came fotrh into the painted chamber; the number of them were many, and the persons of the principall Noblemen of that house, after they had taken their places at a long table, and used some conference amongst themselves, they called for those of the Commons house, to whom the Lord Treasurer in the name of all the rest present and [Page 86] absent, said in effect;
That the Lords of the upper house could not but greatly mislike the dealing of the Commons house in their passage of that Bill, especially for that they had passed the Bill with a Proviso annexed, notwithstanding their sundry messages sent to them in his favour; and lastly, one message to have conference with them for resolution of such doubts as were moved; wherein they tooke themselves greatly touched in honour, and thought that the Commons house did not use that reverence towards them as they ought to doe: The cause besides, (hee said) was such as they saw no reason why the Commons house should proceed in that order, for the Bill being [Page 87] signed by her Majesty (hee said) none might presume to alter or adde any thing to it without the assent of her Majesty, which they for their parts durst not to doe; for proofe whereof he shewed the Committees sundry provisoes in King H. 8 time annexed to the like Bill signed by the King, inferring thereby that none might passe otherwise; moreover he said that by the opinion of the Judges which were in the upper house; the saving which was in the Bill was so sufficient as there needed no addition of such Proviso as the Commons house have annexed; and therefore required them to know what reasons did lead them to proceed in this order.
This and some other large speeches being uttered to this [Page 88] end the Committees answered, that their commission was onely to heare whit their Lordshippes would say, they would returne and make report to the House, and so attend upon them againe with answer.
When this was reported to the Commons house, it moved them all greatly, and gave occasion of many arguments and speeches, all' generally misliking that kind of dealing with them, and thinking their liberty much trenched on in three points: One that they might not alter or adde to any Bill signed by the Queene; Another that any conference should be looked for, the Bill remaining with them, except themselves saw cause to desire it: And the third, to yeeld a reason why they paffed the Bill in that sort.
[Page 89] After all these things were sufficiently debated, an answer was agreed upon to bee returned to the Lords by the same Committees, and they gave their attendance upon the same Lords in the same place, to whom was said in effect, by one of the Committees, and by the consent of the rest,
That they had delivered to the Commons house the sense of that which their Lordships had said unto them, which as they had conceived did stand upon two parts; One on the manner of their proceeding in this case; And the other on the matter wherein they had proceeded.
To both which they had commission from the house to make unto their Lordships this answer:
[Page 90] First, That they were very sory, that their Lordships had conceived such an opinion of the house as though they had forgotten their duty to them, praying their Lordships to thinke that the Commons house did not want consideration of the Superiority of their honorable estate, in respect of their honorable calling, which they did acknowledge with all humblenesse, protesting that they would yeeld unto their Lordships all dutifull respects, so far as the same was not prejudiciall to the liberties of their house, which it behooveth them to leave to their posterities in the same freedome they have received them.
And touching the particular case, the manner of their proceedings (as they thinke) hath not bin any waits undutifull or unseemly.
[Page 91] For the Bill being sent from their Lordships to the Commons house received there (within little space) two readings, and because upon the second reading, some objections were made to let the course of the Bill, the house thought fit to commit it, which doth shew that they had no disposition to overthrow the Bill, but to further it, both in respect of her Majesties signature and that it came passed from their Lordships; and whether the Lord whom it concerned had cause or not to thinke himselfe favourably used in being heard by the Comittees, with his learned council they referred to their Lordships judgements. That after the Committees report of their doings the house gave the Bill a third reading, and so passed the same in such sort as [Page 92] now their Lordships heare it notwithstanding their sundry messages to the contrary. And lastly, notwithstanding their message of conference, They said they could not otherwise have done without breach of their liberties, for they tooke the order of Parliament to bee that when a Bill is passed in either ‘house, that house wherein the Bill remaineth may desire conference with the house that passed the Bill, if they thinke good, but not otherwis;e;’ and this Bill passing from the Lords to the Commons house, they might desire conference, but not their Lordships, the Bill passing from themselves.
And thus much for the manner of their proceedings touching the matter wherein they have proceeded, in that they annexed a proviso [Page 93] ‘to this Bill, the same being signed with her Majesties hand, they thought they might lawfully do it without offence to her Majesty, taking her signature to be only a recommendation of the cause to both the houses, without which they could not treate of any Bill of that nature, the house not being thereby concluded, but that they might alter or adde any thing that should be thought meet either for her Majesty or the subject’: which proviso they have delivered upon good consideration, not hastily and inconsiderately, but upon great and sufficient reasons moving them, praying their Lordship so to conceive it: Neverthelesse to declare the reasons in ‘particular to their Lordships as they were required on that part, [Page 94] the house desired their Lordships to beare with them, for that were to yeeld an account of their doings of things passed in their house, which they could not in any wise agree unto, being so prejudiciall to their liberties.’
This speech finished, the committees were willed by the Lords to returne unto the nether end of the Chamber, and after some pause and consultation amongst the Lords, they called againe the Committees, and to them was said by the Lord Treasurer, that the Lords had considered the answer that the Committees had brought to them from the Commons house, and touching the first part thereof, he said that although through such information as was [Page 95] given them, they might have cause to conceive amisse of the house in the manner of their proceedings, yet because themselves were the truest reporters of their own actions, and the best interpreters of their owne meanings, the Lords did therefore accept thereof and rested satisfied with the same.
But touching the other part, he once againe pressed the Committees to shew cause why the house added that Proviso which the Lords took to be suspitious; the Bill (as he said) containing in it a saving that was sufficient for all causes that might happen.
To that was said by one of the Committees, that they, humbly thanked their Lordships that it pleased them to accept of their answeres [Page 96] to the first part; but for the second which concerned the matter it selfe, and the reasons that moved the house, he said the Committees had no further authority to deale in, having onely commission to deliver to their Lordships the answers which they received from their house.
Whereupon the Assembly brake up, the Lords returning to the higher house, and the Committees to their house, where at their comming, one of them reported their whole proceedings with the Lords, where with the house was much satisfied, seeing that so great a storme was so well calmed, and the liberties of the house preserved; which otherwise in time to come might have beene prejudiced in those [Page 97] three points before remembred which are indeed if they be well considered of great weight and importance.
The Bill (as it appeared after) passed no further; the Lords notliking the Proviso, nor the Commons house yeelding to the withdrawing of it, for the causes afore declared.
Concerning amendments of Bills in the Iournall of 31. Hen. 8.
Die veneris 23. die Maii existen. 15. Parliamenti.
A Bill passed both houses in one day.
HOdie per dominum vicegerent. quedam introducta est Billa concedens Reg. Majestati authoritatem constituendi Episcopos in diversis locis hujus Regni sui, quae quidem Billa prima secunda & tertia vice lecta traditur [Page 99] Regis Attornato in domum communem deferend & immediate per ipsos de domo commun [...] relata & expedita.
Die Martis 24. die Junii 20. die Parliamenti post proroga. &c.
A Bill by assent amended after it had passed both houses.
MEmorandum quod hodierno die, concordatum est inter Proceros & Cōmunes, quod cum in Billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem [Page 100] ante festum Sancti Iohannis Baptiste, (qui hodierno die est) repudiarent, ut nunc alter dies illis ad easdem repudiend. limitaretur, qui eft duodecimus dies instantis mensis Junii, & ut eadem billa indicta sententia raderetur & emendaretur. Quod nota.
Die Sabbati 28. die Junii 24. die Parliamen. post prorog. &c.
Concerning the adding of a Proviso by the Commons to a Bill by them sent up.
MEmorandum quod immediate post decessum prefati Willielmi Kingston & aliorum, [Page 101] Richardus Riche Miles (ancellarius augmentationis reventionum coronae domini Regia, & alii de domo inferiori proceribus declaraverunt eos Regiam Majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres, damas, aut cuniculos ue Majestati pertinentes furaciter capient, provisione quandam limitantem tempus accusationis per transgressoribus ejusdem Billae Regiamque Majestare eis petitionem suam hac in parte concessisse verum priusquam in domum Communem reversi sint dictam Billam per Willielm. Kingstone, militem & alios ad Proceres fuisse allatā. Itaque prefatus Richardus Proceres (nomine Communitatis) rogavit, ut vel predictam Billam illis [Page 102] remitterent ut illi hujusmodi provisionem eidem annecterent, aut ut illis placeret talem provisionem componere, & eam dictae Billae annex. in dom. Communi mittere, cui per dominum Canc. ex assensu Procerum responsum est, quod si prefatus Richardus hujusmodi provision. componeret eandemque Proceribus afferret, illi circa eandem procederent, prout inde causam cernerent.[Page]