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 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 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.

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, 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.

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 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 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 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 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 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 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 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, 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 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 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 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 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 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 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 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.

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.

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 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 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 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, 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 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 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.

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 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 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 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, 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 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.

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 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 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 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 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, 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 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 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 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 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, 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, 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. Soit baille Anx Seigneurs ave • . que un proviſsion annex. And ought to ſigne the Proviſo it ſelfe. 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 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 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 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.

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. 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 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, 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 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 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. 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 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 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 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 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 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 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 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 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, 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 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 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 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 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 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, 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 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 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, 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.