THE ORDERS Proceedings, Punishments, AND privileges of the COMMONS House of PARLIAMENT in ENGLAND. Printed, Anno Dom. 1641. A TABLE OF The Titles concerning the Orders, Proceedings, Punishments, and privileges en Parlement. 1. WHo may be Burgesses. 2. Choice Presentment, and placing of a speak. 3. First reading of a Bill. 4. Second Reading. 5. Order in speaking. 6. Licence to proceed. 7. Committing of Bills. 8. Respite from sitting. 9. Lords come to the House. 10. Fee for Speaker and Sergeant. 11. Punishment of offenders against them of the House. 12. Punishment of offenders within the House. 13. privileges of the House. 14. Bill of subsidy. 16. subsidy of the clergy. 16. general pardon. 17. Presence of the King, or his absence. 18. The royal Assent to Bills passed in both Houses. 19. Attendance of the Warden of the Fleet. THE ORDERS Proceedings, Punishments, and privileges of the Commons House of Parliament in England. CHAP. I. What persons may be Burgesses in Parliament, what not. THe son and heir of an earl may bee, and so was the Lord russel, Eliz. 6 He that hath no voice in the Higher House, so the son and heir apparent of a Baron, and so was Master Henry brook. A Prebendary may not be, and therefore Alexander Nowell was refused, because he was Prebendary of westminster, whereupon a writ issued to choose another for lo in cornwall. Sir Henry Piercy was chosen Knight for two several Counties, and thereupon it was adjudged by the House, that he should serve for that County, which first choose him. 13. Eliz. If a burgess be incurably sick, another may be chosen in his place, by licence of the House, but not if he be easily sick, or sent in his Majesties service, unless the House will allow of a new Election, 18. Martii. 23. Eliz. And it was then ordered, that during the Session, no writs should issue to choose Knights, or Burgesses, but by warrant of the House to the clerk of the crown, according to the ancient usage. The Burgesses of Sandwich were kept out of the House, until the perfect return was known. 15. E. 6. One Cavell was returned for Travayny,& Ludders-hall, he appeared for Ludders-hall, and therefore a writ issued to choose another for Travayny 11. Mar. 7. E. 6. William Gregham and were returned Knights for Norfolk,& the writ returned by the Lord Chancellor, suppressed it by great motion, and directed another writ to choose others. A burgess indicted of Felony, shall not be removed before conviction, 8. Feb. 23. Eliz. Walter Vaughan was received notwithstanding an outlawry, because it appeared that it was for debt, and that he had compounded for it. A burgess out-lawed was denied the privilege of the House, but upon the question, and upon division of the House, he was allowed the privilege against an Arrest in London. 24. Feb. 5. Eliz. CHAP. II. The choice of the Speaker, his presentment, placing and Speech. he that shall be Speaker must be a Kt. or a burgess returned, and cometh to the House, and taketh the Ordinary Oath as others. The fittest seat for him is the lowest row, and the midst thereof, for so he may be best heard▪ when he shall speak. One of his Majesties counsel doth use to propound, that it is his Majesties pleasure, that they shall freely choose a Speaker for them, and yet commendeth in his opinion some person by name. Then he, which is so recommended, standeth up, and prayeth to be heard before they proceed to the choice of him, and withall disableth himself( giving them thankes for their good opininion of him) as for being not equally learned in the laws to others, that have had the place. Not being Eloquent by nature, or Art, nor experienced in the affairs of the Common-wealth, or in the orders of the House, being of mean countenance, wealth, or credit. Being careful for their credit, more then his own, and therefore bound to view and discover his wants, which otherwise might be covered by their good opinion. If they press him, he is to yield, and so is brought to the chair, and then they usually give two or three dayes respite, before he be presented to the King. Upon the day of his presentment to the King, he cometh to the bar of the higher House, or other appointed place, where his majesty shall assign, and after their solemn courtesies, sheweth how he is elected, reneweth the reasons of his disability, desireth to be discharged, and that they of the Commons-House, may have license to proceed, to a new election of another. Then the Lord chancellor receiving his Majesties pleasure enableth him. Hereupon the Speaker gives thankes for that opinion conceived of him, promiseth to do his dutiful endeavour, and desireth that his ready good will may be accepted in place of all. And so with a low courtesy beginneth his oration, which commonly standeth upon these parts, viz. 1. Entrance aptly taken from the time or person. 2. The praise of his Majesties Government or laws of his time. 3. Thankes-giving for summoning the Parliament, whereby the soars of the Common-wealth may be prevented, and remedied. 4. Promise of all diligence and fidelity in them of the Lower-House. 5. Assurance of his own duty, as Power will permit. 6. The Petitions that be ordinary, &c. First, for enjoining the privilege of the House, then for themselves, their goodness and Servants. CHAP. III. The first Reading of any Bill. VPon the first Reading of a Bill, the Speaker taking the Bill in one hand, and his cap in another hand, may say, you have heard the Bill, the Contents whereof are these: And after the rehearsal thereof, to read another, without suffering any man( if he may stay him) to speak unto it, but rather to advice thereof until the next Reading, which is a mean not onely to hear effectual Speech, but also to save a great deal of time. A Bill may not be committed upon the first Reading, and yet 27. Ian. 23. Eliz. the Proviso for the clerk of the Market was( upon the first Reading thereof) committed with the Bill. See afterwards that the Subsidy of the clergy passeth at the first Reading, and so the Pardon. CHAP. IV. The second Reading of a Bill. AT the second Reading of a Bill it ought to be either engrossed, committed, or re●ected, and if any shall offer to speak thereto, after that three have spoken all of one side, the Speaker may say, that the Bill is sufficiently spoken unto, what is your pleasures, will you have it engrossed, or committed? And if the more voises will have it engrossed, it must be done accordingly. And if the more voices will have it committed, then the Speaker entreats them to appoint the Committees, and that done, their names, and the time, and place of meeting, and the day of their Report shall be endorsed upon it. If the more voices be not apparently discerned, then the Speaker may put the question again still: as many as will have this Bill engrossed, said I, and after that voice, so many as will not have it engrossed, say no. again, if the sides seem equal, the Speaker may pray all those that be on the affirmative to go down with the Bill, and the rest to sit in their places; and the sides shall be numbered by Tellers to be appointed by the Speaker, and the greater number shall prevail, and the less number shall go, and fetch them up( in token of consent) And the Speaker shall report the yea, or no, according to the stronger side. One Bill may be twice red in one day. A Bill may be committed after the engrossing. CHAP. V. Orders to be observed by such as shall speak. IF two persons shall arise to speak, the Speaker must appoint him to speak first, that first arose, and offered to speak. One man may not speak twice to one Bill in one day, although he will change his opinion, except it be onely for the moving of some order. Every man that will speak, must direct his Speech to the Speaker, and not to any other, but onely by circumlocution, as by saying, he which spake with the Bill, or he which made this, or that reason. If any touch other by nipping, or unreverent Speech, the Speaker may admonish him. If any shall speak dishonourably of the King, or his counsel, he is not onely to be interrupted, but may be also sent by the House unto the Tower. As for Example, Withers a burgess for London Eliz. uttered certain Speeches, whereby it seemed; that he noted the Lord William Howard( then Lord chamberlain and sometimes Lord admiral) with corruption, but name him not; And therefore it was thought, he should not be punished, nor put to answer for it. If any speak too long, and speak within the matter, he may not be cut off, but if he be long, and out of the matter, then may the Speaker gently admonish him of the shortness of the time, or the business of the House, and pray him to make as short as he may. But if he range in evil words, then to interrupt him, saying; J pray you to spare these words, they become not this place, of State and counsel. It hath not been the order here so to do, I pray you take care of us all, considering what danger the report hereof may breed unto us. No Speech ought to be made but onely in matter in Bill, and therefore all other motions ought to be represented, and the movers, if the matter be good, to put their desire into a Bill. CHAP. VI. licence from the King to proceed. A Bill Exhibited by Clothiers of Devonshire, for remitting the Act of relief, for making of Clothes, redelivered unto them, with promise, that they should receive an answer thereof, at the return of the Knights of the shire 6. of November, 1. Ed. 6. and afterwards suite was made by the Speaker, the Privy counsel, and 12. others to know his Majesties pleasure, whether they might treat thereof. And three dayes after it was answered, they might treat thereof, having in regard the cause of the granting of that relief. The Speaker shewed, that it was the Queens pleasure, that the House should proceed no further with the Bill, for the Revenues of the Queen, because it extended to divers which had accounted 5. mart.& 4.& 5. Phi b●& ma. Three of the privy counsel( whereof Sr. Edward Rogers then controller was one) delivered to the House, her Majesties e●pressive commandement, that they should proceed no further with their suite, which was in a sort moved to be reiterated by a Speech of this writer W. L. But that they should satisfy themselves with her promise. And then Peter Wentworth, and James Dalton, moved, whether this did not restrain the liberty of the House, upon which( after many Arguments) they resolved to cease till the n●xt day. 9. Novembris, 8. Eliz. And afterwards 23. Now the queen revoked her said commandement, and gave them liberty to proceed, But upon consolation amongst themselves, they spared to proceed any further. It was ordered, that Mr. Warner should receive of the Speaker a Bill exhibited by Hubbart, and his wife against Sir Nicholas Hare, and that certain of the House should hear, and( if they could) determine the cause, the Protectors grace to make an end thereof. 11. Febr. 1. Ed. 6. CHAP. VII. Calling of the House and the pain of their absence. IT is a common policy to say upon the Reading, that the House shall be called on Saturday, to say it shall be called on Wednesday, and so from day to day by fear thereof, to keep the company together. It was ordered that no Knight or burgess, should depart without license of the House, or of the Speaker, to be entred with the clerk of the crown, that he make no writ to levy such Fees or wages, 18. Mart. 23. Eliz. and upon the first day of the Parliament, there was moreover laid upon each Knight, which had not appeared, 20 l. and upon every burgess 10 l. See the statute E. 5. f. 2. statute cap. 4. whereupon this double punishment for absence is grounded. After that the Committees have made their report, and opinion of any bill referred to their consideration, it shall be thrice red,& it may be spoken unto at every Reading. It was ordered that the Committees of the lower House upon a conference with the Lords, might urge any reasons, tending to the maintenance of any thing that had passed the house, but not of any new thing to be propounded until the house were first made privy thereto. CHAP. VIII. The third reading of a Bill. WHen a Bill is engrossed, and hath received the third reading, it must either pass, or be rejected by the more voices: if it pass, then it must be endorsed, Soit baillé aux Seigneurs, and if it he rejected, it not come any more in the House. At one day( after a Bill is past) and not sent away, the Speaker may discover any mistaking of words therein, which may be amended, and thrice red, and pass by. Question 30. january 23. Eliz. If the Lords agree to any Bill sent unto them from the Lower house, it must be endorsed, less Seigneues out assentis, and then it shall be remanded to the Lower house. And if the Lords first pass a Bill, and sand it to the Lower House, which also agree thereto, it must be endorsed, less commons on't assentis. But if there be any difference for alteration of a bill, between the Lords and Commons, then it is requisite that some special persons of each House may meet, and confer, that the one house may understand the meaning of the other. A Bill signed by the King, and sent to the Lower House, may not be altered in any part thereof, without his Majesties license. But if a bill come from the Lords, and not signed by Him, it may be altered by noting, what should be taken from it, or added unto it. A bill that came from the Lords was amended, and a scroll of addition in parchment, put unto it, and sent to the Lords, without any endorsement, Soit baillé aux seigneurs, and for want therof they would not proceed, but remanded it to pass the bill, and withdraw that addition, or else to endorse it, and thereupon it was endorsed, 8. Mar. 23. Eliz. A bill from the Lords is wont to be sent by some of the Kings learned counsel, who are to make three courtesies upon the delivery thereof. The Speaker is to receive it with his cap in his hand, and to say the house will have consideration of it. Then must he show unto the House the intituling of them, and after two or three dayes( according to the Exigency of the cause) he may read and pass them as before. A bill which passed from the lower House, was remanded by the Lords with an addition, and Puckering the Speaker foreseing the inclination of the House to overthrow the Bill, demanded the Question onely, touching a small addition which was denied, and so the Bill indirectly dashed, but the body thereof saved and untouched. If a bill pass by the Question, yet any addition may be made thrice red, and agreed, Sedente Curia, and so any addition to a bill itself. The bill of Navigation was but half red, and( by reason of a long Argument) was respited till the next day, but some doubted of that order. The bill of counterfeiting instruments, or seals of Office, was at the third reading, long argued and referred for further Argument till the next day, and then also committed to the first Committees, and others, 9. Feb. 29. Eliz. CHAP. IX. Respite from sitting. IF the sitting be respited for a day or more by order, yet then the Speaker( accompanied with some) ought in that respite to red a Bill Pro forma, except is diebus non Juridicis. CHAP. X. Evidences given by the Lords in the Lower House. VPon the attainder of Sir Tho. Seymoure Lord admiral, it was ordered in the Lower House, that the Speaker and privy Counsel should desire of the Queen, that the Lords which gave Evidence in the higher house, might also give the same in the lower house. 2. Mar. 10. E. 6. CHAP. XI. Fees for the Speaker and Sergeant. THe Speaker is wont to have 100 l. of the Prince for the Parliament. Of the Subject for every private bill for assurance 5 l. before he deliver it out of his hand. For every name in any Bill for Denizens 5 l. unless he do agree for less. The Sergeant hath 2 s. of of every burgess, and 4 s. of every Kt. for each Session of Parliament. CHAP. XII. Punishment of offences. VPon complaint of Sir Robert Brandling( burgess of Newcastle) that Witherington and others had made an affray upon him. It was ordered, that the Lord Chancellor should award an Attachment to the Lord President in the North against Witherington, and the house desired the Lords of the counsel to receive the Bill of Sir Robert against Witherington, and to take order therein, according to their ancient custom. And when the Bill was red to Witherington, he confessed the affray, and after one Ellaker, Servant to the Duke of suffolk, was for the same cause sent in by his Master, and it was ordered, that he should remain in the ward of the Sergeant of the house till he found surety to appear in the Kings Bench, when he should be appointed, and to bee bound to the peace, and after that he was bound to the peace, Sir Robert sued for his discharge, and four of the House were appointed to desire the Dukes favour for him, 15. Febr. 6. Eliz. 6. 5.& 5. april 7. M●●ingt●n was sent to the Tower for striking of johnson, a burgess, and yet he excused himself, that he knew him not to be a burgess,& after two dayes he was fetched by the Sergeant, and discharged by the House, and for that johnson prayed that he might go safe, that was committed to two of the House, 24. april, 1. March. Joha Savage wounded cedar menial servant to brook a Knight of the Parliament, and it was established, that Proclamation shall be where the fact was done, that savage should render his body in the Kings-bench within a quarter of a year. Moreover, it is accorded, that likewise it bee done in time to come, in like case. Statute 5. f. 2. cap. 6. and the same is confirmed, 11. Hen. 6. cap. 11. CHAP. XIII. Punishment of offences committed by them of the House. THe Chancellor of the duchy Sir Ambrose Cane complained of Sir Thomas White, Alderman Sir Thomas White for words. of London, for calling him to witness of misliking the book of Common-prayer. Sir Thomas answered, that he said that Mr. Chancellor wished that the book might bee well considered, and he asked the Chancellor forgiveness, and had it 6. Mart. 1. Eliz. Upon the bill of confirmation of Letters patents, Copely words. Thomas Copely said, that he feared that by this the Queen might give away the crown from the right Inheritors, and therefore he was committed to the custody of the Sergenat; but, forasmuch, as he excused himself by his Youth, the House moved the queen to pardon him, who would not presently grant, but said, that she would not be unmindful of their request. 5. Martii 4.& 5. Phil. et Mariae. Thrower was committed, for saying, if a bill Thrower for words. came in for womens wires, they would dispute it, and put it to the Question, 7. april, 1. Eliz. Upon Stories submission, being in the Tower, it was ordered, that the privy counsel of the house should declare unto the King, that their resolution was to have him discharged, and to pray the King to pardon his offences. Sir Edward Warner, Lieutenant of the Tower, Sir Edward warner Lieutenant of the Tower for criminal cause. was sent out of his House to the Tower, for an offence done before the Summons of the Parliament, and Sir William cecil, then Secretary, said, that the queen was then assured by her Justices, that she might commit any of the House during the Parliament, for any offence against her Crown and Dignity, and that they shewed divers Presidents thereof. The servants of Sir Henry jones, a Knight of Sir Henry jones for all affray. the House, did hurt a servant of one gardener, a burgess, the Master was awarded to the sheriff of London to bring them into the Court, and their Masters gave sureties, that they should appear the next term, and answer both the queen and the party, and so they were delivered by the privilege to wait upon their Masters, and so by conference of this case with Sir Edward Warners, it seemeth a man shall not have the privilege of the House for a criminal offence, that immediately toucheth the queen, but where it toucheth her indirectly, as by trespass against another. Pearne was committed to the marshalsea for Pearne for words. Pickery, without any notice given to the House. If any of the house be to answer any contempt, bar. or offence, he must go to the bar, and not keep his place. Arthur Hall, burgess for Grintham in Lincolnshire, Arthur Hall for a book. submitted himself at the Bar for writing and imprinting a book, wherein he defaced the Authority of the Lower House, or their estate of Parliament, and he was put out of the doors, and these points touching him, were resolved. Viz: That he be committed to the Tower, which is the prison for this house for a certain time, and pay a fine to the queen, and be severed from being a member of the house, make a warrant to the clerk of the crown to direct a breve to the sheriff of Lincolnshire, for the burrow of Grantham, to choose and return a new burgess, that it be published by order of the house that his book is false, and seditious, and that himself be brought into the house, to have this Iudgement pronounced against him by the Speaker, in the name of all the House, that the Sergeant bee commanded to convey him to the Tower, by warrant from the House, signed by the Speaker, and that all the proceeding be written, red, and entered, as other causes of the House are, 14. Febr. 23. Eliz. Doctor story, was reprehended, for being of the Doctor story. Lower-House, he came of counsel with the Bishop of Winchester, before the Lords in the Higher house, touching a Parliament cause and acknowledged his offence. 23. Mar. 1. Eliz. The House had agreed, 23. Eliz. to have a common Fast, whereof the queen misliked not for the matter, but for the Innovation of order without her Privy, and without ecclesiastical authority, for which cause the Commons submitted themselves, and she gave them their Pardon. Amongst many questions resolved upon in that Parliament. 21. fol. 2. this was one; after the assembly of the Parliament, and after the chief matters being propounded by the King, For which he called the Parliament. The Lords, and Commons might treat of other matters first, and forbear to handle those, until the matters propounded by them were discussed, notwithstanding that they were also enjoined to the contrary by the King. It was answered that they might not so treat, and that if they did, they were to be punished as Traytors, but 1. Hen. 4. cap. This Parliament and those Resolutions of 21. of 2. were repealed, and sundry of the Judges that joined in that Resolution were hanged, so before. Note that the King 15. and 10. of the Parliament, may as well dissolve, as he did summon it, if he like not their proceeding, and therefore this resolution was needless. Mr. Cope, Lukenor, Hurleston, Braynbridge and Cope and others for conferences before Parliament. others were committed to the Tower by the queen, for that before the Parliament, they had sundry conventions for the preferring in Parliament, a book touching the Rates of the Church, and a form of an Act for the establishing the same. Which also they did print, prefer and urge in Parliament, But it seemed, that if they had treated thereof onely in time of Parliament( being Burgesses) they should not have been impeached, Februarij 28. Eliz. That the Gate-house is sometimes used for a Prison to this House. CHAP. XV. privileges for them of the House. SEE the Statute. 8. Hen. 6. cap. 1. where it is said, that the clergy called to the Convocation, shall enjoy such liberties, or defence, in coming, tarrying, and going, as the Lords and Commonalty of England called to the Parliament. It is the order, that if any burgess require privilege for himself, and his Servant, he shall Warrant for a writ of privilege. have a warrant signed by the Speaker, to obtain the writ of privilege, and for that William Ward burgess for Lan● got such a writ, without such a warrant, it was committed to divers to be examined. 22. Februarij 6. Ed. 6. certain of the House went by Order to the Common place to excuse the appearance of Mr. Palmer( a burgess) in attaint 4. No. 3. Ed. 6. Hugh Lloyd, It is ordered that Hugh Lloyd( by Procedend● should be put from the privilege, and be delivered to the sheriff of London( in whose ward he was before) but he escaped, and was taken, and sent to the Gate-house for the time, and the next day sent to London in such case as he was before the privilege granted, and to abide the order of the House, whilst it should sit( though he agreed with his Creditor called Gordeon) or after the Sessions, to abide the order of the Privy counsel for his misdemeanour. 28. Mar. 6. E. 6. and afterward 15. of april. It was ordered, that when he had satisfied his Creditors, he should be delivered from the Counter to the sergeant of the House and discharged of imprisonment there, notwithstanding any action laid upon him in London, after his first impriso●ment. There was also one Criktoft then committed to the Gate-house for five dayes, and discharged, paying his Fees. Beaumount of the Lower-House served a Subpoena upon the earl of huntingdon of the Higher House, whereupon the Lords sent complaint thereof to the House, which certified, that it was no breach of the privilege. 17. april. 1. Mar. because it requireth no appearance( as I think) and restraineth not the person. William Allen burgess for Calne in Wiltshiere had the privilege against an attachment, upon process out of the Exchequer, 21. april, 1. Mar. to consider whether the process were for the queen, or for a Common person. Pledall burgess was bound by recognisance, to appear in the starchamber within 12. dayes after the end of the Parliament, and upon complaint thereof, it was answered by conference of the Lords with the Justices, and learned counsel, that it was no breach of the privilege, 6. Decemb. 1.& 2. Phil.& Mar. Stroode burgess intending to exhibit Bills in Parliament for abuses in the Court of Stanneries, was there by means of one Turse( an under Steward) presented and taken for certain sums 4. H. 8. ca. 8. The Act of Stroode. that were laid upon him, And thereupon this Act. 4. H. 8. ca. 8. was made, viz. All suits, accusements, condemnations, executions, fines, amerciements, punishments, corrections, charges, and impositions put, or had, or hereafter to be put, or had unto, to, or upon the said Richard Stroode, and to every other of the persons that now be of this present Parliament, or that of any Parliament hereafter, shall be, for any Bill, speaking, reasoning, or declaring of any matter, or matters, concerning the Parliament to be commanded, OF treated of, shall be utterly void, and of none effect. CHAP. XVI. The Bill of Subsidy. THe manner is when a Subsidy is granted to carry it alone, and the Pardon to the King, leaving the rest of the Bills in the Chamber, and this is done to prepare the royal assent to the rest, and to present the Subsidy. The Bill of Subsidy is offered by the Commons onely, for the Lords,( besides the Common usage for other Bills) do sand it to the House again, after that they have thrice red it,& there it remaineth to be carried by the Speaker, when he shall present it. 18. Mar. 25. Eliz. After motion m●de for a Subsidy the device, and dealing therein is committed to divers, who agreed upon Articles, which they do bring in to be ordered by the House, that Master attorney general shall draw it into form of an Act, which done, it hath three readings, and so passeth all other Bills, onely the considerations in the Preamble are penned by some Committees, whereof some be always of the privy counsel. CHAP. XVII. Subsidies of the clergy. THe Confirmation of the Subsidy granted Subsidies of the clergy. by the clergy passed to the question upon the first Reading thereof. 4. Mar. 23. CHAP. XVIII. The general Pardon. IT is sent to the House, signed with the Kings hand, and being once red, it is demanded if they be contented to accept it, and so passeth to the Question. 18. Mart. 25. Eliz. CHAP. XIX. The presence of the King. IF he come not the first day of the Parliament, then must there be an adjournment until another patent. day by Letters patents, for otherwise all is dissolved. If he come in the end of the Parliament, then Word. it may be prorogued by his word onely uttered by the Lord Keeper, or chancellor. CHAP. XX. The royal assent to Bills passed both the Houses. THe royal assent is Commonly in person yielded by the words of the King uttered by the clerk of the crown, In French, thus, viz. To all Bills generally to be enacted le Roy le veut. To Private Bills Soit fait come ceest desirè. To those that shall not pass le Royse advisera. To the grants of Subsidy, le Roy renda grand mercies, And according to the variety they be endorsed also. But the royal assent may be by Letters patents in his absence▪ CHAP. XXI. The Attendance of the Warden of the Fleet. IT was ordered that the Speaker in the name of the House, should command the Warden of the Fleet( which is a Minister of this House) that 2. of his Servants should attend at the stair head, by the door of the Lower-House, to repress, and apprehended Lacquyes, and Servants, and to bring them to the House. 2. Februarij 23. Eliz. FINIS.