THE OPINIONS Of several Learned Antiquaries, VIZ. Dodridge, Agar, Tate, cambden, Holland, Cotton, Selden. TOUCHING The Antiquity, Power, Order, State, Persons, Manner, and Proceedings of the High Court of PARLIAMENT IN ENGLAND. LONDON, Printed by F. L. for mat. gillyflower, at the Spread Eagle and Crown in Westminster-Hall. 1685. The Opinions of several Learned Antiquaries, touching the Antiquity, Power, Order, State, Persons, Manner and Proceedings of the High Court of Parliament in England. Dodridge. THere is no King in the World, nor Subjects of any King, that have a greater, and more binding, and yet a freer Council, than this our Parliament in England, whose general Acts, since all men must take notice of, it may profit any man to understand the Dignity, Order, and Antiquity thereof. sovereignty, the highest degree of Honour, is imported in the very Summons: For the King alone( 〈◇〉 Regio) as a Flower of the Crown, hath the absolute power of calling and dissolving it. Order itself stands represented; when the Court is sitting, such is the Majesty of the Presence, the gravity of the persons, and their state in proceeding: but this being often seen, and so best known, and the other unknown to many that sit, and often see the order of this Court. Therefore we will treat principally of the Antiquity of this high Court of Parliament. And first of the Appellation: The Word Parliament, some derive it from Peers, quasi parium Conventus; or as others say Parliament, Quasi parium lamentum. Others more probably from the French word parlour, or that of the Greek {αβγδ}, to treat and confer freely. The French Histories say, that this name in this sense, began at the Assemblies of the Peers of France, Anno Domini 1200. But it appeareth to be more Ancient with us than of that time: For Ingulphus who died Anno 1009. saith in Publico nostro Parliamento, &c. taking it there for a meeting, or Chapter of the Abbots. Angelo King of Polonia, in Polish States calleth the Assembly general Parliamentum. This may raise a doubt of the former Etymology of it, from the French word parlour. But, no doubt, the word was brought into the Statists in the time of Henry the First, to the general Council of the Kingdom. But the like Assemblies as Parliaments being much more ancient than the Parliament, underwent these names of old times. The Britains called them Keyfrithen, because Laws were therein made by the English Saxons in their English Graduises, a Council; sometimes Wittenu motu, a meeting of Wise men: sometimes by the Greek word, Synodus. The Latin Authors of that age called it Concilium magnatum conventus Curiae altissima presentia Regis Praelatorum, Procerumque collectorum; as appeareth by the Charter of Withlassias, Anno 833. and of King Edgar, Anno 966. And now to step a nomine ad Rem, before the time of sovereignty, Natures Law directed men to the love of Society, and care to preserve it, gained free consent even of lawless men to admit of certain customs as Laws, here-hence framing matter of form for a Commonwealth. But new springing mischiefs, remediless by the elder customs, causeth, for remedy thereof, the calling of yearly Councils, the Original, no doubt, of our after Parliaments; and it shall appear that our Kingdom from as grounded authority as any other Nation, can prove of old the practise of those great Assemblies, then called Councils, now Parliaments. Those Sages, the druids, most proper to this Isle, had yearly Conventions of their noblest and best people, in a middle consecrated plot of this Kingdom, punishing with proscription from their Sacrifices, whoso obeied not those general designs. Before the Romans arrived in this kingdom, Cassibulan was before Communi Concilio, Chieftain of the Britains Forces; Summa enim Imperii Bellique administrandi communi Concilio permissa est Cassibulano. The Ancient Laws of the Britains( which to the honour of our Common Laws have to their use to this day) were composed in their Common Councils; the multitude at that time, as possessed of nothing, had neither voice nor place; Usury, Tribute, and Greatness, having made them servile to their betters. And thus stood the State until by Conquest it was made a Province. So before our Britains learned the Laws of their Victors, they held their Common Councils. Tacitus seemeth to ascribe much to the prosperous proceedings of the Romans against the Britains, quod non in communi consuluerunt. After the entry of the Romans, who with their People brought their Laws, their Councils were Comitia, as Parliaments compounded of the three degrees, ( Senatores, Equestres, Plaebi) and termed Curiata, Centuriata, or Tributa, so called for that the people were divided Per curias; in which Assembly, Populus Suffragia tenebat; distinguished by Seath summoned by the Lictor, held in the City had power to consult of Peace and War, and to dispose of the lesser public Offices. Romulus was founder thereof, and nobler people were divided per Centurias; for this the Council fore-sent by Edict, quis dies comitiis, centurialis futurus est, summoned per Corni nicem, assembled in Campo martio, because all in Arms. In this year were disposed the greater Magistracies, and affairs of that. Hostilius was the Institutor, tully gloried in that he was recalled from Eailege Centuriata Tributa; For in this be people assembled by their Tribunes: Much agreeing with that of Curiata: And the Leges peculiares were general Jussu populi, regnant Magistrati, but not in force, as Laws, until their promulgation, for which cause the Country Tribunes repaired to certain Fairs, where Proclamation was made of their new Laws, and holding it aequum ut quisquam obligeretur quod sine culpa sua ignorat; but these Freedoms of the people maimed as the Empire grew absolute. And when that State declined, we( as other infranchized Countries) began to give Laws to ourselves. Therefore the Britains told Augustine, Se non posse absque svorum concensu,& licentia, priscis abdicare moribus. And thus it stood in Britain until the coming of the Saxons. Now that substance and form of Parliamentary Assemblies, went all along the Saxon age, held during the incursion of the Danes, and was continued by the Conqueror in part. And when the assembly of the three Estates formed the Parliament( as now we keep it) it shall by clear proofs and presidents appear. The Story of the Saxons and their Laws do show that they were of the same mind, translated hither, as Tacitus saith the Germans were, Nec legibus infinita Potestas de minoribus Rebus Principes consultant de majoribus omnes Rex Edwinus( saith Beda, lib. 2. cap. 13.) Quod antiquam fidem susciperet dixit se cum amicis Principibus& censiliariis suis collaturum. In a Charter of King Ethereld, it appeareth quod ad Sinodale concilium apud Cirenchester iniversi optimates simul convenerunt,& Astricum majestratis reum de hac patria profugum expulerunt. Bertholphus held a Council at Kingburn( Pro Regni negotiis congregatum) to the which the west Saxon King, and people sent thither their Legate. Ingulphus hath many places of clear proof, but I will move but one: In festo Nativitatis Beatae Mariae, cum universi magnatis Regni per Regium Edictum, Sommoniti tam Archiepiscopi, Episcopi abbots& cleri, quam totius Regni Proceres,& optimates London convenerunt ad tractandum de Negotiis publicis totius Regni consumatis omnibus Rex Eldredus coram universis Domino Turketillo Abbati monachisque suis accercitis dedit Monasterium de Crowland, &c. Here you may see the sampler of our Parliament; but to come nearer, when King Ina established his Laws he saith, I Ina King of the West Saxons, have called all my Fatherhood, Aldermen, and my wisest Commons, with the Godly men of my Kingdom to consult of great and weighty matters. Here is presented in King Ina, the Kings Royal person, the Fatherhood in those Ancient times were those whom we call Bishops, and therefore we should term Reverend Fathers. By Aldermen the Nobility is meant. So honourable was the word Alderman in those times, that only Noblemen were called Aldermen; by the wisest Commons is signified the Knights and Burgesses; And so is the Kings Writ at this day: De discieoribus& magis sufficientibus. By Godly men is meant the Convocation-house, for that it consisted only of Religious men; to consult of great and weighty matters. So is the Kings writ, pro quibus dam Ardius& urgentibus negotiis, nos statum,& defensionem Regni nostri Angliae,& Ecclesiae Anglicana concernentibus. The like was in King Alfreds days, where the King, Sancti Episcopi,& Sapientes laici Statuerunt leges, calling the Statute Books Libri Sinodales, all their Laws going by way of suffrage general, according to the writ of our Parliament, Wherefore King Offa having gathered, Concilia apientum, the best Laws of Ina alured, and Etheldred would not publish them until such time,( as the text saith) ostendenda hac omnibus sapientibus nominis& dixerunt omnes placet custodire ea. But howsoever the Government was by sundry Kings, and continually at interwar, the Saxon time held hardly one form of this their great Assembly or Council, yet in Canutus days, he having Conquered all, and reduced that Heptarchy into a Monarchy. So that he could say, Sicut in una lege universum Angtiae Regnum Regeretur. It is plain that he held a Parliament, though not then so styled, yet truly so to be accounted, and since it hath all parts of our Parliament, we might rightly call it so. In the preamble to his Laws thus he saith, Convocato itaque Communi Procerum comitatu& Episcoporum abbatum& Caetiorum Nobilium. Nec non& caeterae nobilitatis sapientaque totius Angliae consilio Satagebat cora decreta& in quanta humana ratio volvit& Stabiliret. After this pious King Edward the Confessor, in a Charter made to Westminster, for thus he saith; have igitur Chartum Donationis& libertatis in dedicatione predict Ecclesiae recitari nisi coram Episcopis Abbatis, comitibus& optimatibus Angliae omnique populo audiente. But now to come to the Normans time after the Conquest, the two first Kings, the Conqueror and his Son William Rufus, Reigned with their Swords in their hands absolutely of themselves, not admitting the former general assemblies of the States. But permitting only Provincial Synods the Clergy for compounding of the Ecclesiastical causes; where nevertheless they sit as presidents. And the Conqueror himself did not challenge to himself, so absolute a conquest; but the Laws that he made have this Title; Hic intimatur quod Gulielmus Rex cum principibus suis constitutus. And in giving Laws to this Nation: Fecit sumoniri per universos, Consulatus Anglia angoes Nobiles& Sapientes sua lege erudi as ut coram& nira& consuetudines ab ipsis Archiepiscopis,& Episcopis audiret. And often doth he and his Son call William, Archiepiscopis, Episcopis, abbots, Comites, Baronies, Vicecomites, cum suis militibus ad Consulendum. And likewise oftentimes afterwards, until the time of Henry the first, we find that there were Conventus Episcoporum, Abbatum& Procierum Regni Londini, in Palatio Regis: Wherefore, Pollidore Virgil, and Palladine were much deceived if they thought that Henry the first's Parliament within this Realm; neither do they seem to be of that opinion, their words being that Reges ante tempora Henrici Primi, non consueverunt populi Conventum consultandi causa nisi per raro facere. Therefore they might hold some, though not so often as their Successors, or agreeing with the Manuscript of Canturbury. That the first Parliament wherein the Commons were called, as well as the Peers and Nobles was 16 H. 1. for it is true that after the Conquest until this time, the Commons were not called; and so at this time they will have it first called by the name of Parliament, indeed if the policy of the time be noted that may yield some difference. The strangers had no way to make permanent their Victory, but by adding other Laws, and plucking up the old roots of Families they found, and to plant them in themselves as in new grounds. So for that age it was their wisdom to rule, and not to advice with the people. But Henry the first, a new bud of the old stock, being a natural Englishman himself, born at Selby in Lincolnshire in love of the English Nation to whom he ought his strength. The Normans at that time standing at Terms of revolt from him in favour of his Brother Robert Duke of Normandy, he well understanding the love of his people, called them to his great Councils, and settling the Authority of this Court of Parliament, so Established his Throne, that neither Britain, Dane, nor Saxon could ever after to this day disturb either him or his posterity, from the possession of this Land; the making of his Laws were by act of Parliament: the Marriage of his Daughter maud; and the intailing of the Crown to her, were done by Act of Parliament. The Accord made between Stephen and him, was made by Parliament. And consequently all the succeeding Kings since, have ever concluded Grandia Regni only in the Parliament, yet all the times since have not kept the said form of the Assembling of the three Estates. For sometimes the principal of the Nobility were only called, and they, at the end of the Parliament were to impart to the other Barons and their Country, that was done in the Parliament. Afterwards King John ordained, that all the Barons of England should come in their proper persons to the Parliament, being Summoned. 20 Knights fees, after 20 l. a fee; going to the value of one entire County; 18 Knights fees making an entire Baron, by which they sat. But King H. 3. after he had smarted by the Tumultuation of the Barons, their multitudes bringing Confusion, ordained that those Earls and Barons, only to whom he directed his writ should come unto the Parliament and none else. And this with H. 3. began his Son Edward the 1. the Founder of this our civil Estate, calling the Barons, and appointing the Knights and Burgesses to be elected, and of the barons selected the wisest, and such as pleased him, and did omit them, and their Children, which did not equal them, and their Parents, in wisdom and virtue: So held it until the time of Edward the 3. there being then a writ then in use, De admittendo fide dignos ad colloquium. Some also at that time called, as William Earl of Nottingham, to attend upon the King with 120 men at Arms, laurence de Hastings Earl of Pembroke, with 120 at Arms, and so divers others. The calling was with distinction; the Bishops and Barons, De negotiis tractatu& consilium impensuri, the Knights, and Burgesses Ad faciendum& consentiendum, those times had certain Ordinances besides Statutes; For whatsoever the Lords and Commons agreed upon, was presently an ordinance, but when the King gave his Royal assent unto any ordinance, it then became a Statute. For the Kings Answer is no more, Le Roy le wile, on le Roy le avisera. And before the Printing of Acts was used, they were always Engrossed, and Sealed with the Great Seal of England, and proclaimed in every Shire; which use was continued from the time of H. the Third, until H. the Seventh's days. And the form was, the King, by the advice of the Lords Spiritual and Temporal, at the special instance of the Commons assembled in Parliament, hath made and established these Ordinances and Statutes, to the Honour of God, the good of the King and Realm. In which words you may observe a summary of this great Council. 1. First, the persons the three Estates. 2. Secondly, The end for which the Parliament was called ( viz.) the Honour of God, &c. 3. Thirdly, The means by Council and consent each duty of the three degrees is insinuated in these three things, ( viz.) request of the Commons, advice of the Lords, and establishment of the King. 1. The first expressing the suitors for the Royal assent is never prayed by the Lords, but by the Speaker, the mouth of the Commons. 2. The Second, distinguishing the House, the King hearing the Causes debated only by the Lords. 3. The Third, intimating that no Bill receiveth life until the Royal assent be given. So by looking back it is easy to see the great Antiquity of this great Court, deduced as you see from before the Romans, but never so dignified as since Queen Elizabeths time. Now for the nature of a Parliament, It is Consilium and it is Curia; the power of it in matters hereditary and personal. The proceedings of it in causes Criminal and Civil. The privileges of it, Sedentibus Sernientibus. The Offices, Officers, and order of that Court; we leave to a farther discourse; thus much only of the Antiquity of Parliaments in England. The Antiquity, Power, Order, State, Manner, Persons, and Proceedings of the High Court of Parliament. Dodridge. THe most Ancient and First Parliament is that in Pollidore Virgil, in the Reign of H. 1. the 16th year, which was about the year of our Lord God 1106. and that was held at Salisbury( as he saith) where were assembled with the King, all the Prelates, Nobles, and Commons, to consult for the public weal, and as he thinketh before that day, the King never called the people to consult, or make Laws, and he deriveth the name of the French word parlour. There is an Ancient Roll in some mens hands, which describeth the whole State and Order of the Parliament, and the title of it is, De modo tenendi Parliamentum. And it is further described, modus quomodo Parliamentum Regis Angliae& Angli Sumoniri tenebatur temporibus Regis Edwardi filii Etheldredi, qui modus recitatus fuit coram Willielmo Duci Normandiae conquestore Rege Angliae,& per ipsum approbatus. By this it should seem, as they are described in that Roll, were held in the time of Edward the Holy; for he was the Son of Etheldred. For Edward the Elder was the Son of Alfrid, and this Edward the Holy lived about the year 1043. And by this it should seem also that the conqueror held a Parliament. In this it is first set down what Clergy-men were called, which were not only Bishops, but Abbots and Priors, that held Per Baroniam. By which I do gather, that they came not to that place as they were Spiritual men, but by reason of their Temporal Honour that they enjoy in the Commonwealth. For they have a place in the Convocation in respect of their Spiritual function, and in that they are a part in the Court of Parliament. We red of a Parliament in 35. E. 1. in which were sixteen Abbots and eight Priors, but how many of these were of the house in general, for that I know it is not clear, that there was then a distinction of Houses. 1. The First is de Clericis. 2. The Second de Laicis. 3. The Third is de Militibus. 4. The Fourth is de Cinibus. 5. The Fifth de Burgensibus. All other Circumstances of Places, Times, Orders, and such like are recited, which I omit to remember particularly, because I know that is a thing well known to all this Company: And that it differeth from the order of that Court now used. The Court of Parliament hath a double power, the one to consent by way of deliberation, for the good Government of the Commonwealth, and so it is Consilium, not in Curia; and another power it hath as a Court of Administration of Justice. The principal purpose of that Assembly seemeth to be for Consultation; For the Writs are, Ad consult andum& deliberandum; but being assembled, they may hold Plea of Causes. But the difference I find, that in Criminal Causes both the upper House and lower House intermeddle therewith, as in Attainders: Only in these, the Spiritual Lords do all go out of the House, and give their Assent by Proxies, 10 E. 4.6. But in Civil Causes, as in Writs of Error sued there out of the Kings Bench, the Upper House only meddleth, as is well described in the Case of H. 7.19, 20. in a Writ of Error sued out by one Flowerdwe, on a Replevine, wherein Judgement was given against him in the Kings Bench. But we have an express Authority in 4 H. 7.18. That in a Criminal Cause the Commons must assent, for the King and Lords did attaint one, and nothing was said of the Commons, therefore by the opinion of the Justices, the Act was held voided, and the party restored. The Peers of Scotland were wont to come to our Parliaments: For 39 E. 3.35. in a Writ of Banishment, Degard against Gilbert Umfrevile, he demanded Judgement of the Writ, because he was Earl of Angush, and not so name in the Writ. Angush( saith the Plaintiff) is out of this Realm; yea, but,( said the Defendant) I am summoned to the Parliament by that name; and the Writ was abated. This therefore proveth, that the Peers of Scotland came to our Parliaments for Justice. But Littleton saith 20 Ed. 4.6. that we shall implead an Earl or Duke of France, by the name of Knight only. I need not declare of the nature of a Parliament, how that it is a Body politic; or of what parts and members it consisteth, for that is very well understood of all this learned Company; neither of the Order of it at this day, for most here know that of their own experience. The privileges of it are great, and more safely be discussed, what they are without the House in regard of others, than what they are in the House, for their Liberties there. Of the Antiquity of the Parliament in England. Agar. That which we in English call a Parliament, I suppose and know to have taken the Name from the French, and Norman Tongue, sounding upon the word parley or parlour, to speak or discourse. In Latin I find that it was called before the which is used most for the assembly of the Spiritualty to treat of Divine causes, and so was practised when Augustine came to Canterbury, where the King of Kent called Ethilbert, gathered his Nobles and people to understand the message, and Preaching of Augustine; and again it is termed Consultatio as hereafter shall be set down, and in that sense in Anno Domini 833. Whitlasias Dux Winnoy. Winnoy a great Lord or Prince amongst those of the Fens called Girrii, or Girrogii, in his Charter for the founding of the Abbey of Ramsey, in which he termeth Egbert King, and Atherlworlfe his Son to be Dominos suos; and he dateth his Charter thus, Datum apud Londini vitatem ubi, omnes Congregatum sumus pro consilio capiendo contra Danitos Piratos littora Angli assidue infestantes. This mentioneth Ingulphus; So that it appeareth when any eminent peril drew near for the hurt of the Common wealth, that then there were called in the History of Eli deuces, Principes, Satrapae Rectores& causidici, also convenerunt Angelicinus, Aldermani,& Episcopus Oswinus,& alii Episcopi,& omnes meliores, contionatores de come. &c. And the same Author sheweth Brithmothus, most noble Duke of Northumberland, was called Alderman, id est, signior vel Dux qui Dinodo magna constantia restituit Regem Edgarum& alios Monachos dicens, nequaquam se far posse ut Monachi ejicerentur de Regno qui omnem Religionem tenuerunt& coluerunt in Regno. King Offa in his Charter granted to the Abbey of Chertsie, hath these words, Hanc libertatem omnia predicta ad prefatum monasterium pertinentia in Sinodali conventu in loco nominatur Historia de Chetersey. Edresdenae &c.& Testes consistentes consensu& subscripsi, &c. in Historia Cherisey penes me remanente. Canutus the Dane, beginning his Laws, sheweth plainly that he made the same by the advice and Council of a Parliament, and beginneth thus: Haec est consolatio, quam Canutus Rex mediatione vel decreto svorum sapientum conciliatus est cum suis sapientibus apud Wintoniam, &c. Where I observe an old Written Copy, with a Comment thereupon: And they are expounded thus, Consiliatio id est institutione multorum facto concilio. Item constitutionem pro institutione, ponit ut innuat haec non instituta fuisse suo proprio arbitrio, said multorum consilio. And the said King Canutus in the preamble of his said Laws, in this manner: Convocato itaque Comitum Procerumque conventu& Eporum, Abbatum,& caeterorum Nobilium, Nec non& caetera nobilitatis, sapientiaeque totius Angliae concilio satagebat communi decreto ut in quantum humana ratio valeat ea quae justa fuerunt stabiliret, &c. And in the said preamble is set down that before his time Synods, and Assemblies for the Commonwealth were very rare, saying; Ecclesiae institutiones, Synodorumque conventus apud Anglos inusitati ad huc fuerunt: And the reason I suppose was, before Canutus the Realm was Governed by several Kings, but he having Conquered them all, and reduced them into one Monarchy allegeth in this preamble, Sunt in uno Rege, ita& una lege universum Anglia Regnum regetur. So as I conclude in this point, that before Canutus there were no Parliaments in England, the reason I have shewed before, which was the diversity, and continual interwar, betwixt the Heptarchy, by him reduced into a Monarchy: Since this time I find that King Edward the Confessor in his Charter made to Westminster Abbey, did seal the same at a Parliament. For thus he saith, Hanc igitur donationem liberalitatem in die dedicationis predicta Ecolesia recitari nici coram Episcopis, Abbatibus comitibus,& omnibus optimatibus Angliae omnique popluo audiente,& vidente; where note these words omnibus optimatibus Angliae,& omni populi audiente, &c. which cannot be but in a general Assembly, by Summons, and that is proved by the number, and diversity of the Witnesses, being Bishops, Abbots, Kings Chancellors, Kings Chaplains, Dukes, Earls, & ministri multi, &c. And William the Conqueror in his Charter of his Ratification of the liberties of that Church, after he had subscribed the across with his name, and besides him a great number of others of the Clergy and Nobility, instead of cum multis aliis hath these words, multis praetera illustrissimis virorum per sonis,& Regni Principibus diversi ordinis omissis qui similiter hinc confirmatione plissimo affectu testes,& fautores fuerunt hii etiam illi tempore a Regia potestate a diversis Provinciis,& verbibus ad universalem Synodum pro causis cujuslibet Sanctae Ecclesiae audiendis& tractandis quod Westmonasterium dicitur convocati, &c. And in another Charter of his to the said Abbey are these words, Anno incarnationis Domini 1081. Regni etiam pronominati gloriosi Regis Willielmi 150 convenientibus in unum eunctis primis Primatibus in Nativitate D. N. I. &c. I red not in Rufus time of any Parliament, but it appears in the read Book of the Exchequer, that Hen. 1. before the making, or constitution of his Laws setteth down, Quae Communi consilio& consensu Barronum Regni Angliae &c. and then proceedeth, omnes malus consuetudines quibus Kegni Angliae oprimebatur ind aufero quas ex parte suppono Testibus Archiepiscopis, Baronibus, Comitibus, Vicecomitibus,& optimatibus Regni Angliae apud Westmonasterium quando coronatus sui. The Marriage of his Daughter maud, and the intailing of the Crown to her and her Heirs, was done by Parliament; and so consequently all matters of importance was done and concluded, which the accord between him and Stephen was done in Parliament, and of such force is an Act of Parliament. Herein the Government of the State of the Realm, as it is deemed as an Oracle from Heaven, and resteth only in the King and Queens power to qualify and mitigate the severity thereof. And thus much of the Antiquity. I leave to others to discourse of the manner how they that are to treat therein are to be called, and of their privileges. And so I end. The Antiquity of Parliaments. Tate. THe diligent observers of the Antiquity of this Realm, do very well know that Acts of Parliament are of so huge a nature, that they do not only tie the Inheritance of every man, but what is there Ordained, every subject of this Land is bound to take notice of at his peril. And because no man that should desire to inform himself therein should be ignorant what was done in Parliament, as now we use Printing of the Acts, so before Printing, all the Ordinances affirmed by Royal assent, were Recorded, and then published under the Great Seal of England, with a general Preface, and proclaimed in every Shire. This you may see coutinued from the time of Henry the Third till about H. the Seventh's days; and ordinarily the form was thus. The King such a day, and at such a place, as at Westminster, the second day of April, in the second year of the Reign of King H. 6. by the advice of the Lords Spiritual and Temporal, and at the special instance and request of the Commons assembled in Parliament, hath made and established these Ordinances, Acts and Statutes, to the honour of God, and good of the King, in form following: And then sets forth every Act in particular Chapter. Here you may see the persons assembled, the end of their meeting, and the means to make it effectual. The persons which meet at the Parliament are the Land, the end of the meeting is to be something to Gods glory, the Kings good, and the benefit of the whole land, and the means to effect the same is by Consultation and Consent. The particular Duty of each of these three, seems to be insinuated in these words: First, the request of the Commons; Secondly, the advice of the Lords; Thirdly, the establishment of the King. The Commons being most in number, and such as live in all parts and places of the Land, are like to have most and best notice of such things as are most likely and meet to be provided for; and being weak in power, and most subject to such inconveniences as greatness may lay upon them, and therefore are fittest, First, to lay open their Griefs, and pray Reformation; or though they be not able at the first; with judgement to foresee ensuing dangers, yet the same being once purposed, and instantly apprehended, they may with instance importune allowance of such Laws as may turn to their good, and our own experience teacheth us that the Royal assent was never prayed by the Lords, but by the Speaker, who is the mouth of the Commons. In the presence of a Prince a common person will scarce have the Audacity to speak, but when necessity maketh him crave help. And therefore it is properly said, that the King advised with the Lords because he heareth the Causes debated with them only; the Commons being separated for consultation, what were fit to propose into some other place. Whatsoever the Lords and Commons agree upon is an Ordinance presently, though it be never engrossed, and Sealed with the Great Seal, and proclaimed in the Countries, as the common course was; but it took no effect as a Statute, till the King declared his Royal assent, which he might very well do by Writ after the Parliament, as well as during the Parliament, p. 29. Ed. 3. fol. 46.39 Ed. 3. fol. 7. For the Kings Answer is no more, but that he will be advised whether he will assent or no. And if he assent not till after, it is some doubt whether it be an Act of Parliament, or but from the time of the Royal assent given. The general assent of the Realm to make Ordinances and Laws, the Ancient Writers called Concilium commune concilium magnum concilium, Placitum general curia altissima& Parliamentum general Curia altissimum& Parliamentum general seu altissimum. The Saxons called it Gemote, Pirena, or Pizena Gemore, Ealpa, Zemots, Synods. I find not the word Parliament before the beginning of Edward the First fully in use amongst us, but the assembly of the three Estates to consult of the affairs of the Commonwealth, is as Ancient as the Britains, and continued here in the time of the Saxons days, and Normans. I ground my opinion for the Britains upon no express authority, but by Inference out of divers. 1 Ed. 1. Caes. come. lib. 5. cap. 5. saith, Summa Imperii bellique administrandi commissa est Cassibulano, so that here we have the name. And if you think that the Commons were not called to this Consultation, hear what Zothilius saith of the Britains, Apud hos populus magna ex parte primatum tenet, exclude themselves of these general Councils, and you deprive them of this right: Vitas in Histor. Britain. lib. 8. fo. saith, That Arthurus Victor cum Regio Splendore Londinum ingreditur, eaque urbe convocatis clericis Principibusque suae quidem potestatis omnibus consilium quod optime factu sit capit Beda, lib. 2. cap. 2. saith the Britains told Augustine, Se non posse absque svorum ac licentia priscis abdicare moribus Beda, lib. cap. 13. Rex Edwinus antequam fidem Christianam subscriperet Dixit se non amicis Principibus,& consiliariis suis collaturum,& habito sapientibus consilio, &c. The Story of the Saxons and their Laws make evident proof that they were still of the same mind, transplanted hither, as Tacitus saith the Germans were, nec Regibus infinito potestas de minoribus rebus Principes consultant de majoribus vero omnes. Historia Eliensis lib. 2. de Dunelme mortuo Rege Edgaro Lessius( vel Lepsius) Deo,& Sancto Petro abstulit cum rapina Burch,& Vendales& Cataringas postea alicibatur general placitum apud Londinum ad quoddum deuces, Principes, Satrapae, Rectores,& causadici ea omni parte confluxerunt, Beatus Ethelwaldus lessium in vis protaxit coram cunctis injuria patefecit,& been apart discussa ea omnes Ethelwaldo per judicium reddiderunt Burch,& vendales& Katheringas. Ingulphus hath many places to the like purpose, but I will use but one, In festo Nativitatis Beatae Mariae cum universi magnates Regni per Regni edictum summoniti tam Archiepiscopi, Episcopi& optimates Londoiis convenerunt ad tractandum de Negotiis publicis totius Regni consummatis omnibus coram universis Domino Turkettillo Abbati Monachisque suis accersitis Rex Etheldredus dedit Monasterium Croyland, &c. Polidore, Virgil and Paradine are therefore much deceived if they thought Henry the first that held any Parliament in this Realm, neither do they seem to be of that mind: Their words are, Reges ante Tem●ora H. 3. non consueverunt Populi conventum consultandi causa nisi pro raro facere. Yet I think their Successors held Parliaments oftener than they did, yet nevertheless they held some. And William the conqueror challenged not so absolute a Conquest of this Land: But the Law he made hath this Title, Hic intimatur quod Gulielmus Rex cum Principibus suis constituit, &c. And I think all Kings may yield to consult with their people, for that reason which Alfrid used in his Preface to his Laws, Temeritatis videatur ex suis ipsius de●retis quenquam plura literarum Monumenta consignare cum incertum sit qualem apud posteros habitura quae nos magni facimus. I have not seen Arthur Halls Book whereby he disalloweth the Commons to have any voice in Parliament, and for which he is disabled to be of the same House for ever, but I think he mistaketh some Writers meaning, which speak only of Barons, or Magistrates, but words are not so much to be regarded as whatsoever the Parliament alloweth, it bindeth as a Law, though it be set forth only in the Kings name, as the Statute of gloucester and Magna Charta, or in the names of the Commons only. In the Kings Oath the word ( Populus) extendeth to the greatest Subjects of the Land, and so doth it also in a recognisance of the peace or good behaviour quod been se gerat erga populum cunctum; If therefore he strike or misdemean himself towards a Baron the recognisance is forfeited. There is an express Authority that proveth that the word Magnates comprehendeth the people. Howden saith Anno 1170. Rex celebrat magnum consilium Londinum cum Principibus& magnatibus terra de coronatione. A. filii sui& Domini sequenti Clero& populis consentientibus fecit ipse filium Suum Coronari. Francis Tate. The Antiquity of Parliaments. cambden. THat there were such like Assemblies as Parliaments now are, before the Romans arrival, hear some rather by the words of Caesar, lib. 5. De Bello Gallico, Summa Imperii bellique administrandi communi concilio premissa est Cassibulano: and for not such due holding of Common Councils. Tacitus seemeth to refer the happy proceedings of the Romans against the Britains, A quod in communi non consulerunt. These Parliament Assemblies the Britains do call Rifrithem, because Laws were there Enacted. The English Saxons as soon as they settled themselves held also the like Assemblies, which they called in their Ancient English Tongue Gereduists, or a Council; sometime Wittena motts, a meeting of wise men; and sometime of the Greek word Synoth. The Latin Authors of that age did call it, Concillium magnatum conventus, and Praesentia Regis Praelatorum Procerumque collectorum, as appeareth by the Charter of King Edgar to the Abbey of Croyland, in the year 966. At which time, it seemeth by the subscribing and subsigning, that Abbasses had the Voices there, and Consents, as well as the Prelates and Nobles of the Land. After the Norman Conquest, the two first Kings Reigned with their Swords in their hands, absolutely of themselves, ( viz.) the Conqueror, and William Rufus his Son, not admitting of themselves any general Assemblies of the States of the Realm, but permitting only Provincial Synodus of the Clergy, for composing of Ecclesiastical Controversies( as some writ) wherein they themselves sate nevertheless as Presidents. Yet in their meeting( as it is in Hovedon) where he setteth down the Laws of William the Conqueror, he did set them down, and council of the Barons. Fecit Summoniri per Universis consulatus Angliae. Anglies Nobiles& Sapientes& suae lege eruditos ut eorum& vira& consuetudines ab ipsis audiret Electi igitur de singulis totius patriae comitatibus Viri, Duodecem in revirando confirmaverunt primo, ut quoad possuit recto tramite, neque ad dextram, neque ad Sinistram partem de vertentes legum suarum consuetudinem& Sanctitatem patefacerent in hill. pretermittentes nihil addentes nile prevaricando mutantes. And oftentimes both he and his Son called the Arch-bishops, Bishops, Abbots, Archiepiscopos, Episcopos, abbots, Comites, Baronies, Vicecomites, Florentius Wigorensis. cum suis militibus; and the time following we find that there was Conventus omnium Episcoporum Abbatum,& Procerum Regni Londini,& in Palatio Regis. But an old Manuscript-book saith that the First Parliament, Liber Cantuar. wherein the Commons were called as well as the Prelates and Nobles, was Anno 16 H. 1. And then was first called by the name of Parliament, as some say, from the Peers, a potiore parte quas parrum conventus; some derive it from the Peer, Rediculosi quasi partum lamentum; others more probably derive it from the French word parlour, or that of the Greek {αβγδ}, that is to treat and to confer together, some of the French Histories writ that this name in this sense began at an Assembly of the Peers of France, about the year of Christ 1200. But I find the word to have been in use as in this Realm long before. For Ingulphus who died in the year 1109. used the word of the Meeting or Chapter of the Abbot and Convent, writing thus. Concessimus etiam tunc Seriantiem nom. Ecclesiae Seimano de Leke qui veniens coram conventu in Publico Parliamento nom. similiter viramentum prestit quod fidus nobis existerit: Neither do I doubt but that the word was brought into this Realm by the French mouth, and first used by the Statist in the time of H. 1. since that time the authority of this Court hath stood settled, and the Commonalty hath had their voices which the said Henry the First granted unto them, being a natural Englishman himself, and the love of the English Nation; when at that time the Normans were on the terms of revolt from him in favour of his Brother Duke of Normandy. Now for the form of assembling these three sorts of Estates in this high Court. I find no certainty till the time of King John, it is apparent by a Petition exhibited by the Lord Fitz Hugh in a Parliament holden at Leicester 2 H. 1. that the principal Nobility were only called, and they after the end of the Parliament to impart unto the Barons and their Country, what was done in the Parliament. Afterwards King John ordained that all the Barons of England should come in their proper persons to the Parliament whensoever they were Summonned: The former I will deliver out of the words of the Petition. Ipse Dominus Rex quando generales Sumonitiones vicecomitibus cujuslibet commitatus dirigeret ipsos invingendo quod omnes Comites& Barones quorum nomina infra Scripta fuerunt& intra suas Ballivas residentes ipsi summonirent ad veniendum ad Parliamentum Regis,& hoc non omittatur quaecunque ex causa Subpaena magni contemptus: At which time as it is in the Book entitled Modus tenendi Parliamentum, all Earls which have Land, Tenements and Revenues to the value of an entire Baron, which is 15 Knights fees and a half, come to the Parliament, but when so great a multitude bread Tumultuous confusion, King H. 3. after that he had smarted by these confused multitudes of Barons, ordained that these Earls and Barons unto whom he had directed his Writ should only come to Parliament, so the Ancientest Summons which I have seen, which were Anno 49 H. 3. they were called besides the Earls 17 Barons, this which H. 3. began was fully perfected by King Edward the First, his Son, who elected the wisest, and such as pleased him, and likewise omitted them and their Children in his Summons, if they did not equal their Parents in wisdom and other good parts and Offices of valour and Government: So as we see in that time Helton, Corbet, Points, Leibourne, Vavasar, &c. and such other like were Summoned once or twice to Parliament, and their posterity, wholly omitted afterwards. The Barons, and Bishops were called De Negotiis tracturi,& concilium impensuri, the Knights and Burgesses, ad faciendum& consentiendum iis quae ibum de communi consilio dicti Regni nom. favente deo, contigerit ordinary supper de Negotiis ante dictis, and in the same words were the Clergy called Ad faciendum& consentiendum, so as it seemeth they had as much to do in Parliaments then as Knights of Shires and Burgesses. William cambden. Of the Antiquity of the Parliaments in England. Holland. I find in many Ancient Histories that the Kings of this Land, did use to call together the Nobility and States of this Realm to confer with them especially about matters of War, when any necessary occasion did move them thereunto. But it is thought by Hollingshed in his Chronicle that the first use of Parliament did begin with the Seventeenth year of Henry the First which since that time hath remained in force, and is frequented unto our times, Holling sheds Chronicle. insomuch as when any thing is to be decreed appertaining unto the State of the Commonwealth, it shall not be received as a Law, until by authority of that assembly it shall be established. It is recorded amongst the Commons of Parliament in the 35 E. 3. that there is one Writ De admittendo fide dignos ad colloquium; and amongst the Earls and Barons there is returned mary countess de Norfilk, Alianor countess de Ormone, Phillipp countess de March, Camdens Britania. Agnes countess de pembroke and Katherine countess de Athell. Upon the Parliament Roll Anno 14. vel 15 E. 3. there are divers Writs directed to sundry Earls and Barons De veniendo Ad Regem, whereof the first is directed to William Earl of Southampton to attend the King with 120 men at Arms, William de Clinton Earl of huntingdon with 60 men at Arms, laurence de Hastings Earl of pembroke with 50 men at Arms, and so likewise there were divers directed to others, and these several kind of Summons, because I find them recorded amongst the Parliament Rolls; I thought good to remember them to you, I will conclude upon the Etymology of the word which is Parliament, which is to speak, and deliver mans a mind freely in that Assembly. Wherefore the boldest Speech that ever I did red of to be spoken of in the Kings presence, was spoken by Roger Bigod Earl Marshal of England, unto King Edward the First in the Parliament House at Salisbury, where the King would have him to go into Gascoine for him with an Army; but when the Earl excused himself, saying, he would be ready to go if the King went himself. The King then in a great chase said by God Sir Earl thou shalt go or hang, and I( said the Earl) swear the same Oath that I will neither go nor hang: And so departed from the King without taking leave. Joseph Holland. The Antiquity of Parliaments. Cotton. The two Sinews of the Commonwealth, Punishment, And Reward. AS touching the nature of the High Court of Parliament, it is nothing else but the Kings great Council, which he doth assemble together upon occasion of interpreting or abrogating of old Laws, and making of new, as all manners shall deserve; or for punishment of evil doers, or for reward of the virtuous; wherein these four things are to be considered. 1. Whereof the Court is composed. 2. What matters are proper for it. 3. To what end it is Ordained. 4. What is the means to bring the end to pass. 1. As for the thing itself it is composed of a Head and a Body: The Head is in the King, the Body are the members of the Parliament. This Body again is subdivided in two parts: The Upper and the Lower House. The Upper House is divided partly of the Nobility Temporal, who are Hereditary Counsellors to the High Court of Parliament, by the Honour of their Creation and Lands; and partly of the Bishops, Spiritual men, who are likewise by virtue of their dignity, Et ad vitam, of this Court. The other House is composed of Knights of the Shires, and Burgesses for the Towns. But because the number would be infinite, for all the Knights, Gentlemen and Burgesses, to be present at every Parliament, therefore a certain number is selected out of that great Body, serving for that great Parliament where their persons be the representations of that great Body. 2. For the matters whereof they ought to treat, they ought therefore to be general; and rather of such matters as cannot well be performed without the assembling of that general Body; and no more of the generals neither than necessary shall-be required; for as in Corruptissima Rei Publica plurimae sunt Leges; so doth the life and strength of the Law consist not in heaping of infinite and confused numbers of Laws, but in the right interpretation, and due execution of good and wholesome Laws. 3. The end for which the Parliament is ordained being only for the advancement Gods glory, and Establishment of the weal of the King and his people; It is no place for particular men to utter their private conceits for satisfaction of their curiosities, or to make show of their eloquence by spending the time with long studied, and eloquent orations, for the Reverence of God, their King, and to give their best advice for the furtherence of his service, and flourishing weal of this Estate. 4. And lastly to consider the means how to bring all your Labours to a good end, you must remember that you are assembled by your lawful King to give him your best advice in matters proposed by him unto you, being of so high a nature as before said wherein you are gravely to deliberate, and upon your consciences plainly to determine how far those things propounded do agree with the weal of your King and the Country, whose weals cannot be separated. But of the form of holding, see Sir Tho. Smiths Book Cap. 3. Fol. 47. Descriptions and Occurrences of the Parliament. Selden. THat we now agreeing with the Sects, do name a Parliament; the Frenchmen do call it le Estates ou le assemble deal Estates, because with them there( as with us also) the King, Nobility and Commons do meet thereat to consult. And the same in Germany is termed a Diet; for those other Courts that carry the name of Parliaments be but ordinary Courts of Justice, which as Paulius Jovius Writeth, are thought to have been planted by us, and of which our own councils established in Wales, and in the North parts do bear the nearest show and resemblance. This word Parliament saith one is compounded of Parium& lamentum because( as he thinketh) the Peers of the Country did at those meetings lament and complain each to other of Country grievances, and thereupon provided redress for the same. But their opinion's more proboble( as I think) who drew Parliamentum from the French word parlour. And that also from the Greek {αβγδ}, both signifying to speak, and so adjudge the determination( ment) which is common in the French Tongue as well to main Nouns as Adverbs do make up a Parliament, meaning thereby an assembly of men called together to speak and confer of their advices or opinions. And also it may not unfitly be called Parliament, for that each man there doth, or should speak his mind. But Lawrentius Ville misliketh that manner of Etymology, I will not take upon me to set down the very time in which the the word Parliament came first in use. But forasmuch as it was transported out of France, it is not improbable to guess that it began here shortly after the time of the Norman Conquest, and of the first Authentical reports of that name Parliament that I have found in the Statute made 3 E. 1. and commonly called Westminster 1. where that assembly is said to be Primer Parliament general a press coronement le Roy; But yet that is not the very first use of the word, for in the Statute called Articuli Celeri published 9 E. 2. these words are red amongst others, Temporibus Primo genitorum& quondam, must needs reach higher than to Edward the First that that was but Father to him that spake it. So that I can willingly therein subscribe to the opinion of Pollidore virgil, who in the XI. Book of his English History which containeth the Reign of H. 1. that was Son to the Conqueror, Writing of the great Assembly at Salisbury saith thus, Ad illud opposite habeo dicere Reges ante haec tempora non consuevisse populi conventum consultandi causa nici perraro facere adeo ut ab Henrico id institutem vire mannasse dici posset, &c. And a little after Gallico Vulgo Parliamentum appellant, &c. And this by so much the more credible, as that King laboured by all means, and especially by restitution of the Ancient Laws( as all Historians do agree) to heal the hurts of the Englishmen, which were before deeply wounded by the oppression of his Father, and his Brother William, to the end that he might thereby the better keep the Crown of this Realm against his Elder Brother Robert, who both had good right, and made his claim thereto. But what time soever after the conquest this Court began to be called by the name of Parliament yet, is it certain that the same was free known to the Saxons, and Englishmen, sometimes by the word of Sinoth, and Gemot, and Micell, Witena, ala Witena, and Lemote, and Halimote, that is to say, Assembly, or the meeting of the Wisemen of a Shire of the men of the Town, and of the tenants of a Hall or Mannor had there beginning also. And as synod is more used in the Acts of Parliaments themselves, so Gemote is more familiar to the Histories. Thus much of the Ancient usual name, now let us look to the thing itself, like as in War, when the King is present, and with him the Nobility, Gentry, Yeomanry, there is the force, and pvissance of the Realm, even so in peace; wheresoever the Prince is( as the head) to give life, that is to yield the last, and highest assent, and where the Barony consisting of the Lords Spiritual and Temporal, and Commonalty, made up of the Knights, and Burgesses( be as the Body) present at his commandment to deliberate, confer and consent. There is also the Council and policy of the Realm, so that for as much as every man from the highest to the lowest, is there by person, or by procuration, therefore of right reason every man is said to be found by that which doth pass from such an Assembly. And this form of Policy is both Natural and Armonical, Natural in that it hath an Imitation of the natural Body, of a man( truly called the little world) out of the three Cells, whereof namely the Head, Breast, and Body, the whole three parts of the Soul do open, and utter themselves, and Harmonical because so well tuned a Bass, Mean and triple, there proceedeth a most exquisite consent, and delicious harmony. The beginning of which manner of consultation, and namely with us of this Realm, if not how can I derive it from any other time, than from that which the German and English Nation did set their first Foot in this Land to invade it. For Cornelius Tacitus Writing of the manner of the Ancient Germans saith thus, Nec Regibus infinita potestas de minoribus rebus Principes consultant omnes, neither did they together with the change of the Soil make change of this their wonted manner of deliberation, for it is yet extant in monuments left behind them, that after their coming hither they frequented the same order in counseling which they had used in their own Country before, for proof hereof I might call Beda the Saxon Historiographer to witness, who reporting how the Christian Faith took root by little amongst themselves in their particular Kingdoms in this Land, Writeth, that King Edwin of Northumberland would not embrace the Preaching of the Gospel, before he had commended and consulted with his friends, his Nobility, and his Wisemen. And so I end. FINIS. THE METHOD OF Passing BILLS IN PARLIAMENT. Written by Henry Elsinge, clear. Par. Now Printed from the Original Manuscript under these Heads, viz. 1. Proceedings upon Bills. 2. The Commitment of Bills. 3. Manner how Committees are name. 4. Who may not be of a Committee, and who ought to be. 5. Council heard at the Committee. 6. A Bill Recommitted. 7. The Third Reading. 8. Nova Billa. 9. Amendments and Additions, or Proviso's added afterwards, how Lawful. 10. Amendments of Amendments how Lawful. 11. A proviso added after a third Reading, not Usual. 12. A Proviso added by the one House, and desired be taken away by the other House, whether Lawful. LONDON, Printed by F. L. for mat. gillyflower, at the Spread Eagle and Crown in Westminster-Hall. 1685. Proceedings upon Bills. The first Reading. THe Clerk reads the Bill standing at the Table, and then delivers the same kneeling unto the Lord Chancellor, together with a Brief of the Bill. The Lord Chancellor reads the Title of the Bill, and then reports the effect of the same out of the Brief, and concludes, This is the first time of the reading of this Bill. At the first Reading, the Bill is seldom now spoken against. There are presidents to the contrary, prout A. 1 H. 8.11 de Parliamenti-Billa de actionibus( brought from the Commons) lecta 1. 'vice& Domini disputando censerunt reformandum; quod regia Majestas haberet 3. vel 4. annos pars vero contra partem, nisi unum annum. And a Bill hath been received at the first Reading prout. Anno 3 E. 6.14 No Billa pro Jurisdictione Episcoporum rejected, and a Committee appointed to draw a new Bill. The Subsidy Bill and the Kings general Pardon, were used to be red but once, and so were expedited at the first Reading. Yet if a Proviso be added to the Subsidy Bill, that hath been red three times prout. So if a Proviso be added to the general Pardon, that is to be red three times, V. 3 E. 6. 1 Febr. Anno 35 H. 8.4 die Martii 1. 'vice lecta est Billa, concerning the Kings Majesties Award between the Lord Dacres, and the Heirs general of Sir James Strangwish the younger, cvi quidem Billae Proceres assenssrunt. Bills also have been committed at the first Reading. Anno 6 H. 8.14 Febr. recepta est Billa in papiro concernens apparatum& lecta, est jam primo,& deliberata Magistro Pigott reformanda. Anno 1 E 6.21 Nov. allata est a communi Domo Billa, for benefice, common Preachers, and Residence. Quae 1. 'vice lecta est,& commissa est Archiepiscopo Cant. Episcopis Elien. Dunelm. Roffen.& Lincoln. Marchioni Northampton. Domino St. John Comiti Arundel Domino Admiral,& Domino Wentwoorth. Anno 5 E 6.16 Febr. hody 1. 'vice lecta est Billa, to avoid regrating, forestalling, &c.& commissa Magistro Hales, Magistro Molineux, Magistro Saunders,& Solicitatori Regis. And there are very many Presidents, that Bills have been committed at the first Reading, in the times of H. 8. and E. 6. as may appear by the Committees of those times. The like Presidents I find in most of the Journals of Queen Elizabeth, prout, &c. Anno 8 Eliz. 3 Oct. Billa for the better executing of certain Statutes, &c. Eodem Anno 5 Octobr. touching Fines and Recoveries, &c. Anno 13 Eliz. 20 April. against fraudulent Conveyances, &c. Anno 14 Eliz. 12 May, for preservation of Wood, &c. Eodem Anno& Die, for the punishment of Vagabonds, &c. And so in many other Parliaments of Eliz. &c. The Second Reading. In the same manner the Clerk reads the Bill the second time, and delivers the same without a Brief to the Lord Chancellor. His Lordship recites the Title thereof only, and saith, This is the second Reading. Then if no man speaks against the Bill, it is ordered to be engrossed, if begun with the Lords; or to have a third Reading, if brought from the Commons. If any doubt be conceived, which is often pro forma tantum, the Bill is committed. V. inter ordines &c. An. 18. Jacobi. Bills are commonly let pass at the first Reading, and committed at the second. Yet it appears by many Presidents of H. 8. E. 6. and Q. Eliz. that if the Lords did apprehended any dislike or doubt in the Bill at the first Reading, it was then committed immediately, prout antea. The Commitment of Bills. AT the second Reading, if the Bill be required to be committed, the Lord Chancellor demands of the Lords how many of each Bench shall be of the Committee. Which being agreed on to 3, 5, or 6, &c. the Earls are first name, then the Bishops, then the Barons. The like Order is observed in the naming of Committees for any other business. And if there be five Earls, then five Bishops, and ten Barons; the reason whereof I know not. Neque fuit sic a principio. Anno 3 E. 6.14 No. the Committees to frame a Bill for the Jurisdiction of Bishops, were the marquis Dorset, 4 Bishops, and 2 Barons. Eodem Anno 2 Januarii, the Committee sent to the Duke of Somerset were, 1 Earl, 5 Bishops and 2 Barons. Anno 27 Eliz. 4 Decembr. the Bill for the Clothiers of Boxsted, &c. was committed unto 3 Earls, 1 Viscount, 1 Bishop, and 3 Barons. Eodem Anno 3 Dec. the Bill for the landing of merchandise, &c. was committed unto 8 Earls, 2 Bishops, and 4 Barons. Eodem Anno 27 Eliz. the first Bill for increase of Mariners, was committed unto 2 Earls, and 6 Barons, and no Bishops. Eodem Anno& Die, the Bill for the Sabbath day, is committed unto 6 earls, 1 Viscount, 5 Bishops and 7 Barons. The Presidents hereof are infinite, that no such order was observed to name a set number of each Bench, or to double the number of Barons until in the latter Parliaments of our late King James: Neither was this constantly observed until the Parliament of 12 Jacobi Regis, and afterwards. For in the Fourth Session of the Parliament, Anno 1 Jacobi Regis, sometimes the number of each is equal, and sometimes the Barons are the greater number. But they seldom double the number of the other Bench, unless in the Committees of a small number. But here may be a question ( viz.) Whether a Bill may be committed by the orders of the House, if no Lord move any doubt, or imperfection in the same. And I am of opinion that it may not, neither is it necessary. My reason is, for that I find many Bills to pass without commitment, and some at the second Reading in the times of H. 8. E. 6. and Queen Elizabeth. But now the constant order is to red every Bill( save the Pardon) 3 times. And the general Voice to commit the Bill at the 2 Reading, shows that the Lords do conceive some doubt therof, though none move any. The manner how Committees are name. THe number of each Bench being agreed, they are name promiscue, by any of the Lords, but the Clerk is to be careful to set down those whom he hears first name: which is done in this manner. First the Earls are name and those that sit on that Bench. The Clerk having written them stands up and Reads their names. Then the Bishops, then the Barons in like manner. And if the Clerk happen to setdown more than the number agreed on; it is in the Liberty of the House to take out the latter, and so to leave the just number, or to admit them. Then the House names the attendants which are of the Judges, the Kings learned Council, and the Masters of the Chancery. The Clerk Reads their names also. The last is the time and place where to meet, which being agreed on, and set down, the Clerk reads that also. Who may not be Committees, and who ought to be. IF any Lord speak against the Body of the Bill, he is not to be name of the Committee of the same Bill. No absent Lord is to be of any Committee, unless Officers of State, when the Bill or Business concerns their Office. And then they are to be name, and to have notice sent them thereof. V. Anno 1 Jac. 14 Junii, Subsidy of Tonnage and Poundage. That Lord which moveth any doubt concerning the Bill, ought also to be name, and to be of the Committee, if he be present. This is also a received opinion, and often in practise; and the Clerk ought to be attentive, and harken after the names of such Lords. The number of the Committees being agreed on, name and red, the Clerk delivers the Bill with a note of the Committee affixed, unto the first of the Committee then present. The Committees being met, though not all, yet if the better half, they may proceed. Anno 18.& 19. Jac. 30. No. It is ordered that that if 10 or upwards of any Committee do meet( though not the one half of their number) they may proceed notwithstanding. At the Committee the Judges and and other Attendants do neither sit, nor are covered unless it be out of favour, and then they sit behind, but are never covered. One of the attendants Reads the Bill and writes the amendments( if any) in Paper, with directions to the places to be amended. And if any addition or Proviso be conceived, he writes the same in Paper also with directions where they are to be placed. Any other Member of the House may be present at this Committee, but they may not Vote: And must give place to all of the Committee, and sit below them. If the Business be not dispatched at the first meeting, the Committees themselves may appoint another day. V. An. 4 Jac. 26 Febr. But this must be done before their departure. Council heard at the Committee. AT this Committee, if it be a private Bill, they will not only call both parties before them, but hear their Council. Wherein this order is observed, that the Council who speaks against the Bill is heard first, for it is already understood what the Bill desires. And either part may desire to have their Council heard in the House, which being reported by the Committee, is so ordered. There also the Council against the Bill speaks first. And for public Bills Council is also heard, if any oppose it. And if a public Bill concern any Officer, Corporation, or particular Person, or any Artificers, they are usually sent for to attend the Committee. The Bill reported by a Committee to the House. THe Committee, or greater part being agreed what report to make to the House, The first of the Committees that was present, makes report thereof standing and uncovered with the Bill in his hand. And all the rest of that Committee( then present) stand up and are uncovered, whereby they signify their assent unto the said report. The report being ended, he delivers the Bill and the amendments, addition and Proviso,( if any) unto the Clerk, who goes from his seat, and receives the same from his Lordship. If the report be for the Bill to sleep it is so ordered and entred by the Clerk in the Journal Book, and endorsed on the Bill also. If Amendments, Additions, or Proviso's be reported( when the House orders the same to be red) they are red on this manner by the Clerk, ( viz.) The amendments of the Bill &c.( reciting the Title thereof, or the Additions or Priviso's to be added to the Bill, &c. And so Reads the same as they are in the Paper delivered by the Committee. Then the Clerk delivers the same kneeling unto the Lord Chancellor, having first endorsed on the amendments &c. 1. 'vice lecta. His Lordship first Reads the Title of the Bill. Then that the same is returned by the Committees amended thus ( viz.) In such a line between such a word, and such a word insert these words, &c. Or in such a line put out this words, &c. and saith further, before it was thus, and now it is thus. If additions and Proviso's are only reported, and no amendments, then his Lordship, first recites the Title of the Bill, then that it was committed and returned with such or such Additions, or Provisoes, and so repeats the effect thereof briefly. This being done, the Lord Chancellor demands whether their Lordships be pleased that their amendments, &c. shall receive a second Reading, and if so agreed on, The Clerk receives the Bill with the amendments, &c. of his Lordship and Reads the same again, and endorseth on the amendments, &c. 2. 'vice lecta, &c. And kneeling delivers the same unto the Lord Chancellor again. His Lordship Reads the same thus. First recites the Title of the Bill, then that it hath been committed and returned with amendments, &c. the which amendments have been twice red. And demands their Lordships pleasure( if the Bill began above) whether the Bill shall be engrossed with the said amendments, &c. or no: And if answer be made affirmitively and no Lord speaks against it: Then it is so ordered to be done; and the Clerk receives the Bill again, and endorseth on the said amendment to be engrossed; if the Bill be sent from the Commons, then the Lord Chancellor demands their Lordships pleasure whether the said Bill, and amendments, &c. shall be red the third time or no. At the second Reading any of the Committee may speak against the Body of the Bill, or against the amendments, &c. before they be engrossed. V. An. 39. Eliz. 24 Jan. This was debated, but not then determined. But An. 43 Eliz. 12 No. it was resolved by the House. Recommitted. THe Bill being thus reported by the Committee: if any doubt be moved, and the House think good then( before the amendments be ordered to be engrossed) or ordered to have a third Reading, the same may be recommitted, either to the former Committees only, or to the same and others. If the Committee find the Bill so imperfect, that it can hardly be amended, Then they may without further order from the House, frame a new Bill. Which is most commonly done by one of the Attendants. This new Bill being agreed on and returned with the old Bill to the House, and the cause thereof reported by the Committee, the old Bill sleeps. And the Lord Chancellor demands of the Lords whether they be pleased that the new Bill shall be red or no, which is done accordingly. If any doubt be conceived of the new Bill, the same may also be committed as the former was recommitted. Or( after the second Reading) the House may order a third Bill to be framed. V. An. 1 Jacobi 4 Junii. Recusants: But after the third Reading this is not now done. The third reading. THe Clerk first Reads the Title, and then Reads the Bill, and delivers the same to the Lord Chancellor in manner as before having first endorsed 3 An. V. lecta. His Lordship repeats the Title only and says, this is the Third Reading of this Bill. If no Lord speak against it, then his Lordship demands, whether he shall put it to the Question which being agreed on, or not denied. The Question is thus. Such of your Lordships as are of opinion, that this Bill is fit to pass( or shall pass, say content. They which are of another opinion say not content. Then the lowest Baron begins and saith content, or not content, without any more words. And so they proceed in order to the first Baron. Then the Bishops. Then the Viscounts, and Earls, and those that sit on the Earls Bench in like manner. The Lord Chancellor, or Lord Keeper( if he be a Baron, Earl, or Bishop,) removes to the first place on the Earls Bench, and giveth his voice Content, or not content. The Prince( if present) speaks last, if any doubt be of the most voice then one Lord who said content, and another Lord who said not content are appointed to number them by the Poll, which they do in this manner. They go together to the Barons Bench, and every Lord who said Content, stands up. Then the Bishops and Earls Bench in like manner. Then they return again to the Barons Bench, and every Lord who said not content standeth up; and so of the Bishops and Earls. And according to the relation it is agreed whether content, or not content, had the more voices. And the Bill doth pass or is rejected accordingly. This Order is observed in all Questions. Upon examining of the Votes the Proxies of the absent Lords may be demanded, and such Lords as gave their own Vote with the Question may give his proxies against it, Prout. Nova Billa. IF the Bill began below be committed, and a new Bill brought in by the Committee, When the same is past by the Lords, it is to be returned to the Commons together with the Old. Hereof are may Presidents, temporibus H. 8. E. 6. Eliz. And one 4 Jac. 27 May pro Comite derby. So likewise the Commons are to do if they make a new Bill. ut if the Commons sand up a new Bill, and the Lords Reads the same and reject it, the Commons cannot sand up another Bill of the same Argument in the same Session: V. An. 3 Jacobi 27 May, Purveyors. If the Lords pass a Bill, and sand it to the Commons, and they reject the same without conference with the Lords, they cannot sand up a new Bill of of the same Argument( in the same Session) V. An. 29 Eliz. 22 Martii, Handfords Bill. But note this new Bill was sent up without the old, otherwise I conceive it had been according to Orders. And I suppose the reason to be for that the Lords will not proceed in a new Bill, before they understand what is become of the Old, which they formerly past: Nor unless they may also have by them the former Bill. And therefore either a conference or the old Bill to be returned is necessary. The same order is observed if the Commons sand up a Bill to the Lords. Amendments, and Additions, or Provisos added afterwards how lawful. V. An. 27 Eliz. Decembr. 17 The Commons sent up a Bill( for the Sabbath day) to the Lords who past the same with amendments, and so returned it to the Commons: They sent it back to the Lords with new amendments who rejected the same as against Order. It seems the Commons had some confer●nce with the Lords concerning the same; for afterwards in the same Parliament the Third of March it is thus entred ( viz.) Memorandum that this day were chosen for Committees to examine the Record touching passing amendments of amendments, moved to the same by the lower House, the Lord Treasurer, the Earl of Sussex, the Viscount montague, the Bishop of Winchester, the Lord Hunsdon, the Lord Buckhurst, the Master of the Rolls; and Mr. Attorney about the Bill for the better observing of the Sabbath day. The Presidents they name were the Bills for Treasons, and bringing in of Bills. Acts passed in An. 13. of the Queen. But these Presidents appear not in the Journal of the upper House. It should seem, that the Lords were then satisfied, and signified the same unto the Commons, for afterwards 6 Martii, the Commons returned the same again with amendments of amendments, which the Lor●… publicly red 3. times and past the same. V. the Journal of the lower House 22 Febr. fol. 97& 99. That the Commons desired the Lords that search might be made in the upper House, for Presidents touched by them of the lower House, and reported by the Committee. That upon search of Presidents their House might add to the Lords former additions to a Bill pro Billa Sabbath day. V. tamen An. 39 Eliz. 14 Jan. The Lords having returned to the Commons their ●ill for Houses of Correction with amendments and Provisoes, the Commons prayed a Conference touching the said amendments and Provisoes. The Lord yielded to the Conference thus far, to satisfy the Commons what moved their Lordships to make those amendments with this caution, that nothing can now be altered by the order of this House. Amendments upon amendments were very usual in the times of H. 8. and Q. Mary, prout An. 32. H. 8. 2 July& 5.12, 19, 21, 22& 24 July Billa annexorum honori de Petworth. An. 32. H. 8. 1 Martii.& 4.5, 6, 10.& 18. Martii. Billa concerning the First Articles. An. 35 H. 8.4 Martii. &c. Billa for the Lord decrees. An. 37. H. 8 27 No. &c. Billa pro Custode Rotulorum, &c. An. 6 H. 8. 15 Martii,& usque 3 April. Billa Ducis Suff. An. 4& 5. Ph.& Mar. 18 Febr. &c. Billa for Musters. Anno 31 H. 8. 10. Junii. The Bill for the First Articles are sent to the Commons, 14 Junii it is returned with a proviso, and expedited 16 Junii: And 24 Junii, the Lords and Commons agree to some amendments. Afterwards the 27 Junii, the Lords agree to another proviso, and sand it with a proviso to the Commons 28 Junii, who returned the Bill expedited the same day in the Afternoon. An. 37 H. 8. The Bill for the Gustos Rotulorum returned from the Commons with a proviso, rejected by the Lords, and sent back to the Commons, and returned by them expedited( without the proviso) 16& 18 Decembris. An. 4 Jac. 29 Junii, The Lords having returned to the Commons their Bill of Hostile Laws with amendments and a proviso, the Commons prayed a Conference for consideration thereof. At the Conference they moved that they may clear their doubt of the said amendments, and proviso, either by amendment, or by another proviso; of which kind of Proceeding, they affirmed they had good Presidents of former times in like case. And accordingly they did amend the same: And the Lords past the Bill after the third Reading thereof, V. ib. 3 Junii& in pomeridiano. Amendment of the amendments how Lawful. THe amendment of a Bill coming from the Commons( as hath been said) are to be written in Paper and to be inserted into the Bill by the Commons at the return thereof unto them. And if the Commons do think fit, that those amendments be amended they are to signify so much to the Lords and to move their Lordships to amend their own amendments before the same be asserted in the Bill. V. the Journal of the lower House. An. 27 Eliz. 10 Martii fol. 132. The Bill against Jesuits, & ib. A. 23 Eliz. 17 Martii, concerning the Borders of Scotland, where the Lords are prayed to amend the sense of their own amendments; the Bill was sent them, and returned amended. Divers Lords were of opinion the last Parliament An. 18& 19 Jac. That a Bill might be amended after the third Reading. But in the same Parliament 27 No. in the Bill for Suits, and 1 Decembr. in the Bill for Monopolies it was agreed per plures( but the question for it was denied) that it was against the orders of the House to recommit a Bill after the third Reading. Yet it was agreed that a Bill might have a small amendment after the Third Reading, with which agreeth that Anno 27 Eliz. 13 Martii. In the Bill for Provision to be made for the Queens Royal Person, &c. which was thus amended of the Third Reading, and before it was put to the question ( viz.) in the 24 line after this word( left) put out( so as) and in place thereof put in( foreseing that) And such small amendments art usual after the Third Reading. A proviso added after the Third Reading, not usual now. ANno. 35 Eliz. 9 April. A saving of the Queens Right, and all mens right added to the Bill for repealing of certain uses, and concerning the Lands of Anthony cook Esq; was added to the Bill after the the Third Reading and Question. This Bill was sent up by the Commons 28 Martii& 6 April it was red the Third time and Expedited. The saving was added the 9 of April with this Caution, that the Lords upon weighty considerations have ordered that this shall not hereafter be drawn to make any President. Then the Bill was returned to the Commons who sent it up the same day expedited. According to this order of Anno 35 Eliz. the House hath forborn to add any thing to the Bill after the Third Reading prout. Anno 3. Jac. 13. Martii 3. 'vice lecta est Billa. For the establishing of the possessions of edmond late Lord Chandois of Sudley. And ordered that the late Chandois shall give security for the payment of 7000 l. to her Daughter Katherine before the Bill be sent to the Commons; For that the same is not sufficiently provided for by the Bill. 15 Martii this is referred to Mr Justice Tanfeild, and Mr Justice Crook, and they to acquaint the Lord Committees that were name on the Bill with the cause by them advised on. That the Lords might proceed for the security as they should find cause. 27 Martii. This Bill( with others) is sent down to the Commons with a recommendation from their Lordships, to be had by them touching assurance to be given for the said portion which was not remembered to their Lordships until the Bill was past this House. But this order was not thus nicely observed, tempore H. 8. An. 6. H. 8. 1 Martij Billa concernens debita Regia lecta est 3. 3 Martij lecta est 4. & Domini deliberabunt. 15 Martij lecta est 5. 16 Martij lecta est. 20 Martij lecta est& Domini deputaverunt principalem Justiciorum& ad confiniendum quendam effectum pro securitate regia pro debitis suis obtinendis. Here it appears that at the third reading, the Lords not being agreed, the Bill was red again the fourth time, yea and the 6. and 7. times, and at last the Lords appointed a new Bill to be drawn. There are many Presidents that Bills have been red oftener than thrice in that Kings Time, and of E. 6. by which it appears that Bills might then be recommitted after the third Reading. V. My Collection of those Times which I will not here relate: For that it is now constantly observed to red Bills but thrice. A proviso added by the one House, and desired to be taken away by the other House, whether Lawful. THis was usual in former times, yet in the Parliament 21 Jac. 28 May the Lords having returned unto the Commons their Bill for ease of Pleading of Licence of Alienations &c. with a proviso, the Commons misliking of the proviso desired a Conference, and moved to have the proviso taken away, and some doubting and others affirming that this could not be done by the orders of the House, the Commons framed a new Bill to that purpose without a proviso, and sent it up to the Lords the next morning, and with it returned the old Bill, and the Lords past this new Bill. Anno 3 H. 8 24. die Parliamenti Billa concernens Coriarios lecta est primo &c. sent to the Commons,& 29. die Parliamentum assentita est, dempreta additione. Anno 6 H. 8.31 die Martii Billa Ducis Suff. remissa est in domum communem,& due provisiones eidem prius per Commiones annexae abstrahuntur& eodem die recepta est, ablatis provisionibus prius annexis. Anno 1& 2 Ph.& Mar. The Bill for the Supremacy of Rome, 4 Jan. a proviso added by the Commons misliked, a new Bill made, and the old taken away by the Commons at the Lords request. Anno 4& 5 Ph.& Mar. The Bill of Musters returned from the Commons with two Provisoe's, and sent back to have them taken away, and returned again with certain Corrections mentioned in a schedule, expedited 4& 6 Martii& prout M. 6 May. FINIS. Errors of the Press, in the Opinions of the Antiquaries. P. 1. l. ult. r. Jure: p. 3. l. 4. r. Realm by the Statists: l. 13. r. Wittena motu: p. 5. l. 17. r. Seats: p. 6. l. 11. after obligeretur add non ad id: l. 13. r. vanished: p. 7. l. 2. r. Regibus: p. 10. l. penult. after first add held the first: p. 11. l. 4. r. pro: p. 14. l. 5. r. veult: p. 15. l. 21. r. Servientibus: p. 22. l. 4. r. civitatem: p. 38. l. 25. after Henry add the first was: l. ult. r. H. 1. p. 41. l. 5. r. here some gather: p. 46. l. 19. r. tractaturi.