THE MANNER HOW statutes Are enacted in PARLIAMENT BY Passing of Bills.  
Collected many years past out of the journals of the house of Commons.  
By W. Hakewil of Lincoln's inn, Esquire.  
Together with a Catalogue of the Speakers Names.  
London, printed by T. H. for John Benson, at St. Dunstan's Church yard. 1641. Cum Privilegio.   

THE PREFACE.  
HAving about thirty years past, the free use and perusal of all the journals of the Commons house of Parliament, from the first year of K. Edward the sixth, being the most ancient that they have) until that time. And being unwilling to lose the advantage of that opportunity, I read them all through, and whatsoever I conceived to tend to the rule of the house, (wherein I was the better enabled to judge, in respect I had served in divers Parliaments, or Sessions of Parliament before that time) I reduced under apt Parliamentary Titles: Amongst the rest in this Chapter of passing of Bills, I was the more sedulous, because it is indeed the daily and most proper work of that house, wherein I have been careful, not to propose any thing for a rule, for which I have not vouched the authority of the journal. Those my collections, I imparted many years since to some of my friends (which being by the length of time multiplied into very many copies) one of them (and I think the falsest written of all the rest) was without my knowledge lately printed, and by the negligence of the Printer, the errors of the copy were much increased, insomuch that it pleased the honourable house of Commons, (because it concerned their orders) to take notice thereof, and take some order therein; by which I was induced to make this publication, being otherwise very unwilling to have appeared in print, and to have subjected myself to public censure.  
It were (in my poor opinion) to be wished, that the same course were taken by the house of Commons, as was by the Lords in 18. Iacobi Regis, who appointed a Committee for the collecting of the rules and orders of that house; which being collected, they caused to be fairly engrossed in a roll of parchment, which by order is always read in the beginning of every Parliament, and resteth in the custody of the clerk of that house, to be presently resorted unto upon all occasions, where by much of their precious time is saved, which other wise perhaps would have been spent in the debating of the Rules and Orders of their house.  
Another excellent Order was made by their Lordships, that once every week, a Committee appointed for that purpose, that should peruse and perfect the clerks notes, and that at the end of every Session, all the orders of that Session should be engrossed in velum, and fairly bound up, which course first began in the time, when my worthy friend Master Henry Elsing that most industrious and able Gentleman, was clerk of that house, and hath continued ever since; whereas before that time all their journals (of which the most ancient are from the beginning of King Henry the eight) are in paper, as are those of the Commons house, but more fairly written.  
If to this care of perfecting of the journals of the house of Commons, there were some provision made by that house, for the safe preserving of them, answerable to that which the Lords have, whose clerk hath a house belonging to him, and his successors, where all their Records are kept to posterity, the journals and Records of the Commons house, would not (as now they may) come to the hands of Executors or Administrators, and be removed to and fro in hazard of being lost, or corrupted and defaced, as is well known that some of them have been, and that in passages of the greatest moment, whereby the Common wealth may receive great prejudice if it be not prevented, which my humble propositions, I do (together with this Treatise) in all humility submit to the great wisdom of that honourable Assembly, by whose favour this is published:  
WIL. HAKEWIL.   

The Contents  

BY whom Bills are drawn and presented to the Parliament, Fol. 1  
Orders to be observed in preferring of Bills to be read, 6  
Touching the first reading of Bills, 10  
Touching the second reading and committing of Bills, 19  
Touching the third reading of bills, 33  
Touching Provisoes, Schedules, Amendments, and Amendments of Amendments, 45  
Touching the sending of Bills from one house to the other, 68  
Touching the royal Assent, 74 
 A report of divers memorable passages between both Houses in the Parliament, 18. Eliz concerning the adding of a proviso by the Commons, unto a Bill sent to the Lords, engrossed and signed by the Queen, and passed by the Lords for the restitution in blood of a certain Lord, and sent down by the Lords to the house of Commons.    

A Catalogue of the Names of the Speakers of the Commons House of Parliament. Pag. 105  
PEtrus de Mountford. Pag. 106 Scroop. 107 Sir Peter de la Mare. 107 Sir Thomas Hungerford. 108 Sir Peirce de la Mare Ibid. Sir James Pickering. Ibid. Sir John Goldesborough. Ibid. Sir Richard Walgrave. 109 Sir James Pickering. Ibid. Sir John Bushey. Ibid. Sir John Bushey. 110 Sir John Cheney. 111 John Dorewood. 112 Sir Arnold Savage. Ibid. Sir Henry de Redeford. 113 Sir Arnold Savage. Ibid. Sir William Sturney. 114 Sir John Cheyney. Ibid. Sir John Tibtoft. Ibid. Thomas Chanser. 116 William Stonrton. Ibid. John Doreward. 118 Thomas Chanser. Ibid. Walter Huugerford. Ibid. Richard Redman. Ibid. Sir Walter Beauchamp. Ibid. Roger Flower. 119 Richard Bayvard. Ibid. John Russell. 120 Sir Thomasa Wuton. Ibid. Richard Vernon. Ibid. John Tirell. Ibid. Mr. William Allington. Ibid. John Tirell. 121 John Russell. Ibid. Roger Hurst. Ibid. John Bowes. Ibid. Sir John Tirell. Ibid. Sir John Tirell. 122 William Boerly. Ibid. William Tressam. 123 William Burley. Ibid. William Tressam. Ibid. John Day. Ibid. Sir John Popham. Ibid. William Tresham. 124 Sir William Oldham. Ibid. Thomas Thorpe. 125 Sir Thomas Charlton. 126 Sir John Wenlock. Ibid. Thomas Tresham. Ibid. John Greene. Ibid. Sir James Strangwayes. 127 John Say. Ibid. William Allington. Ibid. John Wood. Ibid. William Catesbey. Ibid. Thomas Lovell. 129 John Mordant. 130 Sir Thomas Fitzwilliams. Ibid. Richard Empson. Ibid. Sir Reginald Bray. 131 Robert Drury. Ibid. Thomas Inglefield. Ibid. Edmond Dudley. Ibid. Sir Thomas Inglefield. 132 Sir Robert Sheffeild. Ibid. Sir Thomas Nevil. Ibid. Sir Thomas More. 133 Thomas Audeley. 134 Richard Rich. 135 Sir Nich. Hare. Ibid. Thomas Moil. 136 Sir John Baker. 137 Sir James Dyer. Ibid. John Pollard. 138 Clement Higham. Ibid. John Pollard. 139 William Cordall. Ibid. Sir Thomas Gargrave. 140 Thomas Williams. Ibid. Richard Ousloe. 141 Christopher Wray. Ibid. Robert Bell. 142 John Popham. Ibid. Mr. sergeant Puckering. 143 Mr. sergeant Snagg. Ibid. Edward Cook. 144 Mr. sergeant Yeluerton. Ibid. Mr. sergeant Crook. 145 Mr. sergeant Phelips. Ibid. Sir Randall Crew. Ibid. Sir Thomas Richardson. 146 Sir Thomas Crew. Ibid. Sir Thomas Crew. 147 Sir Heneage Finch. Ibid. Sir John Finch. Ibid. John Glanvile. 148 William Lenthall. Ibid.  
FINIS.   

THE PASSING OF BILLS.  

CHAP. I.  

Sect. I.  
By whom Bills are drawn, and presented to the Parliament.  
Public Bills are usually drawn by such of the House (with the advice of Lawyers) as of themselves are earnestly inclined to the effecting of some public good, which requireth the assistance of some new Law, which being fair written in paper, with wide lines, they are either by some member of the house publicly presented to the Speaker in the house, with some short speech setting forth the needfulness of a Law in that behalf, or are delivered in private to the Speaker or the clerk of the Parliament, to be presented to the house at some time convenient. And it is in the choice of the party to prefer his Bill. First, into the Lord's house, or the house of Commons which he list, and as he shall think it may most advantage his cause.  
Many times upon the motion of some one of the house (wishing a Law were made for provision to be had in such a case,) a Committee is purposely appointed by the house to draw a Bill to that effect; which being done, one of them presenteth it to the Speaker.  
This is usual in cases of great moment and difficulty.  
The Bill for Subsidies is usually drawn by some of the King's council, after the substance thereof, for the number of Subsidies & fifteens to be granted, and the times of payment, is first agreed in the house. The preamble thereof containeth the causes of the grant, which is usually drawn by some principal member of the house, being a selected committees for that purpose.  
Bills for the revival, Repeal or continuance of Statutes, are usually drawn by Lawyers being members of the house, appointed thereunto by the house upon some motion to that purpose made, which is usual at the beginning of every Parliament.  
Private Bills are usually drawn by councillors at Law not being of the house, and sometimes by those of the house (and that for their fees) which howsoever it hath been held by some to be lawful, yet it cannot be but very inconvenient, seeing they are afterwards to be Judges in the same cause.  
A Bill hath been sent to the Speaker signed by the hand of Queen Elizabeth with special commandment to be expedited, but that is a rare case and very extraordinary, yet such was her majesty's favour to Sir Thomas Perrot in a Bill for his restitution in blood as it appeareth by the clerk's journal 35. Elizabeth 26. Martii.  
Such Bills as being first passed in one house are sent unto the other, are always sent in parchment fairly engrossed.  
Thus much touching the first drawing and presenting of Bills to the Parliament.   

Sect. 2.  
Orders to be observed in preferring of Bills to be read.  
Public Bills are in due course to be preferred in reading and passing before private: and of public, such as concern the service of God and good of the Church. Secondly, such as concern the commonwealth, in which are included such as touch the person, revenue, or household of the King, Queen or Prince, and they ought specially to be preferred in passing. Lastly, private Bills should be offered to be read and passed in such order as they were preferred.  
There have been oftentimes orders in the house, that after nine of the clock, when usually the house groweth to be full, they should not be troubled with the reading of any private Bill: And towards the end of the Parliament, when there remaineth many Bills in the house undispatched, there hath been a special Committee appointed to take a survey of them, and to marshal them by their titles in such order as they should think fit; they should be preferred to their passage, having respect to the importance of the matter which they concern.  
It hath at sometimes been ordered, that every one that preferreth a private Bill should pay five pound to the poor, which was done 43. Eliz. towards the end of the Parliament when they were troubled with much business, but it holdeth not in other Parliaments.  
In the Treatise de modo tenend.. Parliamet. which I have seen exemplified under the great Seal of Ireland in the sixt of Henry the fourth, testifying the same to have been sent into Ireland by Henry the second, for a form of holding Parliaments in that kingdom, of which I have a copy there is (touching the order of preferring of Bills) this clause found.  
Petitiones suntaffilate sicut deliberantur, & sic per or dinem leguntur & respondiantur, sed prime determinentur quae ad guerram perti nent, postea de persona Regis & Regine & puris suis, ac gubernationem corum & postea de communibus negotiis terrae; sicut est de legibus faciend. & emendend. (viz.) originalibus judicialibus & executoriis post judicium reddit, & post singulares petitiones secundum quod sunt super filariis.  
But the Speaker is not precisely bound to any of these rules for the preferring of Bills to be read or passed, but is left to his own good discretion (except he shall be especially directed by the house to the contrary) and howsoever he be earnestly pressed by the house for the reading of some one Bill; yet if he have not had convenient time to read the same over, and to make a breviate thereof for his memory; the Speaker doth claim a privilege to defer the reading thereof to some other time.  
And thus much touching the order of preferring of Bills, to be read or passed. Now followeth touching the reading or passing of them.   

Sect. 3.  
Touching the first reading of Bills.  
THE clerk being usually directed by the Speaker (but sometimes by the house) what Bill to read, with aloud and distinct voice, first res●…eth the title of the Bill, and then (after a little pause) the Bill itself; which done (kissing his hand) he delivereth the same to the Speaker, who standeth up uncovered (whereas otherwise he sitteth with his hat on) and (holding the Bill in his hand) saith, this Bill is thus intitled; and then readeth the title; which done, he openeth to the house the substance of the Bill, which he doth either, trusting to his memory, or using the help or altogether the reading of his Breviat, which is filed to the Bill, sometimes reading the Bill itself, especially upon the passage of a Bill, when it hath been much altered by the Committees, so that thereby it differeth very much from the Breviat.  
Tertia Sessione 1. Parliament. Iac Reg. It was ordered that the committees which amended the Bill, should likewise amend the Breviat in the principal matters for the case and direction of the Speaker.  
When he hath thus opened the effect of the Bill he declareth to the house that it is the first reading of the Bill, and delivereth the same again to the clerk.  
The Bill containing the King's general pardon hath but one reading in the Lord's house, and one below: The reason is, because the subject must take it as the King will give it, without any alteration: and yet many times exceptions are taken at the reading thereof, for that it is not so favourable as in former times.  
The like of the Bill of Subsidies granted by the clergy.  
That day that the Speaker being approved by the King, cometh down into the Commons house to take his place, the custom is to read for that time only one Bills, left unpassed the last sessions, & no more, to give him seisin as it were of his place, 39 Eliz. 27. Octo.  
The usual course is to spend the morning before the house grow full in the first readings, and to defer the second or third reading till the house grow full.  
At the first reading of the Bill it is not the course for any man to speak to it, but rather to consider of it, & to take time till the second reading; yet it is not altogether without precedent that a Bill hath been spoken for, and against upon the first reading, which is very seldom, and only in cases where the matter of the Bill is apparently inconvenient and hurtful to the commonweal, and so not fitting to trouble the house any longer; but at the first reading no man in ordinary course should speak to any one part of the Bill, or for any addition, for thereby it is implied that the body of the Bill is good, which till the second reading doth not regularly come to the trial.  
If any Bill originally begun in the Commons house upon the first reading happen to be debated to and fro, and that upon the debate the house do call for the question, it ought to be not whether the Bill shall be secondly read, for so it ought to be of ordinary course, but whether it shall be rejected in this sort As many as are of opinion that this Bill shall be rejected (say yea) As many as are of the contrary mind (say no) and the greatest number of voices shall carry it, 43 Eliz. 17. November. The Bill against unlawful hunting. 5. Sess. Iac. Reg. 25. October.  
If a Bill coming from the Lords be spoken against, and pressed to be put to the question upon the first reading, the Speaker in favour and respect thereto, should not make the question for the rejection, as in Bills originally begun in the Commons house upon the first reading, but should first make the question for the second reading: And if that be denied, then for rejection. This course was usually held by Sergeant Phillip's when he was Speaker. But usually when any such debate is upon the first reading of a Bill, the Speaker doth forbear to make any question at all thereupon, except he be much pressed thereto, for that it were fit better to consider of it before it be put to such a hazard.  
If the question for the rejection be made, and the greater voice be to have it rejected, the clerk ought to note it rejected in his journal, and so to endorse it upon the back of the Bill, and it shall be no more read; if the voice be to have the Bill retained it shall have his second reading in course.  
It is against the ordinary course that the same Bill should be read more than once in one day, yet for special reasons it hath been suffered, that private Bill have been in one day read twice; As in the aforesaid case of Sir Thomas Perrot though it were a private Bill; so was it likewise done in the Bill for the assurance of lands given by Master Sutton for charitable uses, because he was taken then extreme sick, and that it was doubtful whether he might live while the Bill might have his passage in ordinary course.  
And it is likewise done sometimes when the house lacketh other businesses wherein to employ themselves, especially if the Bill be of no great importance, howsoever it is never but upon motion and special order.  
When special Committees appointed for the drawing of some one special Bill, present the same ready drawn unto the house: it hath been often seen that the same Bill hath been not only twice read, but ordered also to be engrossed the same day as it was in the Bill against counterfeit seals, 23. Eliz. 16. Feb. And in the Bill against disobedience to the Queen 4. Martii of the same Parliament.  
Neither is it without precedent that a Bill hath been thrice read and passed in the same day; as was the Bill of recognition of his majesty's title which came from the Lords, 1. Iac. Reg. Sess. 1. but this is a precedent that standeth alone, and in that case it was resolved that the Bill might not be returned to the Lords without a copy, first taken thereof by the clerk to be reserved in the Commons house.   

Sect. 4.  
Touching the second reading and committing of Bills.  
A Bill may be preferred to be secondly read the next day after the first reading, but the usual course is to forbear for two or 3. days, that men might have more time to consider upon it, except the nature of the business be such that it requireth haste.  
After the Bill is secondly read, the clerk as before in humble manner delivereth the same to the Speaker, who again readeth the Title and his Breviat as he did upon the first reading, which done, he declareth that it was now the second reading of the Bill, and then he ought to pause a while, expecting whether any of the house will speak to it, for before the Speaker hath so declared the state of the Bill, no man should offer to speak to it; and then and not before is the time when to speak.  
If after a pretty distance of time no man speak against the Bill for matter or form, he may make the question for the engrossing thereof, if it be a Bill originally exhibited into the Commons house.  
So likewise if divers speak for the Bill without taking exception to the form thereof, he may make the same question for the engrossing. The like question for the engrossing aught to be made, if the greater voice be that the Bill shall not be committed, for it were to no end further to delay the proceeding of the Bill if there be no exception taken to the matter or form thereof, but upon the second reading, and after the Speaker hath delivered the state thereof, the house doth usually call for the committing of the Bill, and then if any man will speak against it either for matter or form, he ought to be heard.  
After the first man hath spoken, the Speaker ought to rest a while expecting whether any other man will speak thereto, so ought he likewise to do after every speech ended, when he perceiveth that the debate is at an end, he ought then to make the question for the committing thereof in this sort.  
As many as are of opinion that this Bill shall be committed say (yea.)  
And after the affirmative voice given, as many as are of the contrary opinion say (no.)  
And he ought by his ear to judge which of the voices is greatest, if that be doubtful, the house ought to be divided touching the manner, whereof there shall be more said in another place.  
If upon division of the house it appears that the numbers are equal, the Speaker hath the casting voice upon all questions.  
If it appear that the affirmative voice be the greater, than ought he to put the house in mind touching the naming of Committees, which is done in this sort.  
Every one of the house that list may call upon the name of any one of the house to be a Committee, and the clerk ought in his journal to write under the title of the Bill the name of every one so called upon, at leastwise of such whose names (in that confusion) he can distinctly hear, and this he ought to do without partiality either to those that name, or to the party named. But touching the naming of Committees, and their duties, more shall be said in another Chapter.  
But he that speaketh directly against the body of the Bill, may not be named a Committee, for he that would totally destroy will not amend.  
When a convenient number of Committees are named, then ought the Speaker to put the house in mind to name time and place, when and where the Committees may meet, which the clerk ought likewise to enter into his journal book, and when the house is in silence, he ought with a loud voice to read (out of his book) the Committees names, and the time and place of the commitment, that the Committees may take notice thereof.  
After a Bill which is sent from the Lords hath been twice read, the question ought to be for the Commitment, if it be denied to be committed, it ought then to be read the third time, and then the next question ought to be for the passage and not for the engrossing, as it is where the Bill originally beginneth in the lower house, for Bills which come from the Lords come always engrossed.  
This question for the passage should in ordinary course be then made when the Bill is denied to be committed, but not till the Bill have been read the third time.  
If that question for passage be deferred till another day, it hath been much doubted whether it may then be then offered to the passage; but upon debate of this point after many arguments to and fro, Anno 27. Eliz. 18. February by the opinion of Sir Francie Walsingham, than one of the house, and by order of the whole house it was agreed it might be done.  
The Bill then in question was the Bill against fraudulent conveyances. Fol. 85. & 86. in the clerks book for that year, so it was done 1. Sess. 1. Parliament. Iac. Regis for the Bill of hunting. But this precedent is not so safe, for the house considering that oftentimes the Bill is denied to be committed upon utter dislike thereof, after it hath been long debated; and yet if that rule should hold, there may be a time picked out of great disadvantage to the house to put it to question for the passage.  
In the debating of Bills in the house no man may speak twice in one day, except the Bill be oftener read than once, and then a man may speak as often as the Bill is read, otherwise it is at Committees, or when in the house the debate ariseth upon some motion concerning the order of the house; but touching the manner of speaking, and what orders shall be observed therein, more shall be said elsewhere.  
When the commits have fully resolved touching the Bill, and the amendments thereof; one of them by the consent of all the rest ought to make report thereof to the house, opening the substance of the things amended, and the reasons thereof; which done, he ought to bring the Bill so amended to the clerk, and to stand by the clerk all the while that the clerk is reading of theamendments, and aught to help the clerk in reading of the same in case it be difficult to be read, which falleth out very often by reason of interlining or ill writing.  
The clerk ought to read every amendment and interlining twice, that so it may have as many readings as the rest of the Bill hath had, and very many times it will fall out that the inlining and amendments so read by the clerk, will of itself (without reading of the clause going before or following) be no sense, yet notwithstanding the clerk ought only to read the new amendments without meddling with any of the rest of the Bill, for it is intended that the reporter hath declared to the house the reason of the amendment, and the connexion thereof to the rest of the Bill to make it sense.  
And it hath sometimes been permitted (when the amendments have been many, and ill written) that the whole Bill hath been first read, and then the alterations by themselves.  
The Bill of hostile laws. 3. Sess. 5. Parliamen. Iac. Reg. 4. Iunii 1607.  
After the amendments thus read, the clerk ought to deliver the Bill unto the Speaker, who (holding the same in his hand) ought again to read the Title thereof, and to put the question whether or no it be the pleasure of the house that the Bill thus amended shall be put to the question for engrossing, and then ought to pause a while, expecting whether any man will speak to it or no; for it is as free for any man to speak against the Bill at this time, though it hath passed the approbation of the Committees, as it was at the second reading before the same was committed.  
And after the debate is ended, the Speaker ought to put the question for engrossing.  
If the greater number of voices be that the Bill ought not to be engrossed, the clerk ought to make an entry in his journal, that the same was dashed, and so ought he likewise to note upon the back of the Bill, and the day when. If the voice be to have it engrossed, it is the office of the clerk to do it.  
It is always to be observed that when the Bill is engrossed, the clerk ought to endorse the title thereof upon the back of the Bill and not within the Bill in any case.  
So ought likewise such Bills as come from the Lords to have Titles engrossed upon the back of the Bill, and not within: In defect whereof, divers Bills coming from them, have been returned to be amended, As may appear by the journals 27. Eliz. 19 Decem. 13. E. 27. May, 39 E. 24. Octob. 4. Sess. 1. Parliament. lac. Reg. 5. Maii.  
The Bill as it is Amended by the Committees ought to remain with the clerk for his warrant, and it is not an ordinary course to cause the Bill so amended to be fairly written for the better engrossing thereof; yet hath it been seen that a Bill ill written in the amendments hath been returned to the Committees to be fairly written, and by them presented to the house; and upon the reading thereof engrossed, 27. Eliz. fo. 91. in the journal. At sometimes it hath been ordered that a Bill so written should be proceeded in as a new Bill, 23. Eliz 28. Feb. 27. Eliz. fo. 91. in the clerks book or journal.  
After a Bill hath been committed and is reported, it ought not in an ordinary course to be committed, but either to be dashed or engrossed; and yet When the matter is of importance, it is sometimes for special reasons suffered: But then usually the recommitment is to the same Committees. The Bill against the martial sea, 3. Sess. 1. Parliament. Iac. Reg. 30. April 1607. was committed and reported and council heard at the bar. Whereupon it was recommitted and other Committees added who altered the former proceedings, and it was agreed that the former proceedings were waved, and the latter good.   

Sect. 5.  
Touching the third reading of Bills.  
SOme two or three days after the Bill is thus ordered to be thus engrossed, and is accordingly engrossed; it is offered by the Speaker to be read the third time for the passage thereof.  
For the most part, the Speaker putteth not any one Bill to the passage by itself alone, but stayeth till there be divers Bills ready engrossed for the third reading; and when he hath a convenient number (which may be five or six, rather less than more) than he giveth notice to the house that he purposeth the next day to offer some Bills to the passage, and desireth the house to give special attendance for that purpose, and then the day following he doth accordingly put them to the third reading. First, private Bills until the house be grown to some fullness, and then offereth to be read the public Bill which are engrossed.  
It hath at sometimes been ordered for the preventing of carrying of Bills, with few voices, that no Bills shall be put to the passage until nine of the clock, at which time the house is commonly full, or shortly after.  
When the Bill is read the third time, the clerk delivereth it to the Speaker, who readeth the Title thereof, and openeth the effect of the Bill, and telleth them that the Bill hath now been thrice read, and that (with their favours) he will put it to the question for the passing, but pauseth a while, that men have liberty to speak thereto, for upon the third reading the matter is debated afresh, and for the most part it is more spoken unto this time then upon any of the former readings.  
When the argument is ended the Speaker (still holding the Bill in his hand) maketh a question for the passage in this sort; As many as are of opinion that this Bill should pass say yea &c.  
If the voice be for the passage of the Bills, the clerk ought to make a remembrance thereof in his journal. If otherwise, than his remembrance must be made accordingly. Upon the Bill thus passed (if it be the Bill originally exhibited in the house of Commons) the clerk ought to write within the Bill on the top towards the right hand these words Soit baille aux Selgneurs.  
If the Bill passed be a Bill originally begun in the Lord's house, than ought the clerk to write underneath the subscription of the Lords, which always is at the foot of the Bill, these words, A cest Bille les comuns sont assentus.  
There are divers other forms of signing of Bills, sometimes when new Additions are made, sometimes when Provisoes are added, of which more ample mention shall be made in the chapter which treateth of the duty of the clerk.  
If the house see cause to amend any thing in a Bill originally begun in the Commons house upon the third reading thereof, and that the amendment thereof will not much deface the Bill, nor spend much time, the use is to cause the sergeant to call in the clerk that did engross it (being usually a servant to the clerk of the house and to cause him standing at the Table, by his master, in the presence of the whole house, to amend the same according to their direction. Sometimes if the amendments be but of a few words, it is done by the clerk himself, writing of a fair hand.  
It hath sometimes been seen (which is rarely yielded unto, and only in cases where the Bill to be passed is of good importance) that if a question grow for the amendment of some clause, or for the making of some addition thereunto, that it hath been recommitted for the amendment thereof: but then usually the Committees are appointed forthwith to withdraw themselves into the committee Chamber, and presently to dispatch the same.  
The Bill concerning Rites and Ceremonies, at the third reading was referred to be farther conside red of, 14. Elizab. 20 Maii, and in 43. Elizab. 2. Decembr. The Bill to avoid double payment of dibts, 13. Sess. 1. Parliament. Iac. Reg. Master Bathwest's Bill being ready for the question to pass, was deferred for eight days, that the other part might have notice, and then passed without further opening. Quod nota.  
No Bill upon the third reading for the matter or body thereof, may be recommitted, as hath been said, but for some particular clause or proviso it hath been some times suffered; and that difference was taken for a rule in the Bill for Seasands, 4. Sess. 4. Maii 1610. In the third Sessions of the first Parliament of King James, 12. die Maii, the Bill of clothing being engrossed, and read the third time, exception was taken to the last proviso thereof, whereupon after much debate it was recommitted; which is to be observed as a thing unusual after the third reading.  
The next day if was returned again by the Committees, with their opinions that they held it fit that a proviso therein should be struck out; whereupon the question grew whether the proviso being put to the question alone, and rejected, the whole Bill should not be dashed, thereby at last resolved no; whereupon the proviso being put to the question and rejected, it was ordered it should be razed out of the Bill, which was presently done at the board, by the clerk, and the Bill was put to the question, and so passed. The like in the Bill concerning Wherrymen the same Session, 18. Maii 1607.  
It hath been much doubted, whether when a Bill is in debate for the passage, it ought not to receive the resolution of the house the same day wherein it is first offered to the passage, but there have of late been some precedents, where the case being of some importance, and the debate growing long, the argument hath been put over till the day following, in which case he that hath already spoken to the Bill the fist day, may not again speak the second, no more than he may speak twice in one day where the argument is not deferred to another day.  
If a Bill be rejected, the same Bill may not be offered to the house again the same Session; but if it be altered in any point material both in the body and in the title, it may be received the second time.  
In the time of the reading of a Bill, the house should not be interrupted with any other business, and yet in 1. Eliz. 24. Maii, the house adjourned itself till the next day, after the Bill for sealing clothes was half read, only to be present at the conference about Religion in Westminster Abbey.  
Sometimes the house conceiving much offence against some Bills, doth not only order it to be rejected, but to be torn in the house; as it was done in the Bill to avoid Aliens not being here for Religion; 1. Eliz. 23. Jannar.  
It hath been seen that two Bills being apt to be joined together, have by order of the house, after they have been twice read, ordered to be engrossed as one Bill, and so passed, which is somewhat strange, for that both being made into one Bill, it is thereby become a new Bill; nevertheless it was so done in two Bills concerning Treason, 13. Eliz. 26. Apr.  
When a Bill is thrice read and passed in the house, there ought to be no further alteration thereof in any point. Nevertheless if it do appear that there be some apparent mistakings therein, either by false writing, or otherwise, the house upon notice thereof hath caused the same to be amended the day following, and reading the amendments three times, have again passed the Bill upon the question, which is a rare precedent; yet was it so done 23. Eliz. 20. Ianuarii, Popham being Speaker, which is a memorable case.  
Anno 23. Eliz. 14. Martii, the Lords sentdown a Bill touching the maintenance of the borders of Scotland, the house proceedeth with another Bill to the same effect, the Lords complains that it is against order so to do, without praying a conference with them which was spoken by the Lords at a conference and answered by the Committees of the Commons house, they might lawfully so do.   

Sect. 6.  
Touching Provisoes, Schedules, amendments, and amendments of amendments.  
TOuching the offering and passing of Provisoes, the course is thus; If any man will offer a proviso to a Bill originally begun in the Commons house, it ought to be offered in paper as long as the Bill itself is not engrossed; but when the Bill is once engrossed it ought to be offered in parchment, and not in paper.  
If a proviso or Schedule of addition, be offered to any Bill coming from the Lords at first or second reading, it must be offered in paper & not in parchment, though the Bill be a Bill engrossed, for that it may receive much amendment at the Committee, and when it is together with the Bill returned to the Committees, there ought to be a special question made by the Speaker whether the proviso shall be engrossed, if it be denied, he may put the Bill to the passage at the third reading without the proviso, if otherwise, than he ought to deliver the proviso to be engrossed, and some other day when the proviso is engrossed must put the question upon the passage.  
If it be offered at the first reading to a Bill begun in the Commons house, which is seldom, it ought to be but once read at that time, and so filed to the Bill; If at the second reading it ought to be read twice as the Bill itself hath been, and aught to be committed together with the Bill; if it be offered at the third reading, the Bill being engrossed, it ought to be read three times before the question be put for the passage of the Bill; but after every several reading thereof, the clerk ought to pause a while to give men time to speak thereto: many times upon the second reading it is spoken unto, and sometimes committed or amended at the Board, sometimes rejected without more reading: upon the third reading thereof the question ought to be made whether or no the house doth think fit to annex that Proviso to the Bill read, which question ought to be made singly upon the Proviso, and afterwards the question ought to be made for passage of the Bill, together with the Proviso annexed. If the Bill with the Proviso annexed do pass upon the third reading, the clerk ought to sign the same in this sort upon the Bill towards the right hand. 
Soit baille Anx Seigneurs ave●.  
que un provission annex.  And ought to sign the Proviso itself. Soit baille anx Seigneurs.  
The like rules here given for Provisors are to be observed, when any Addition (which always containeth in it another clause) or branch of the Bill, is desired to be enacted, and offered by any of the house, with this difference, that whereas the clerk in case of a Proviso maketh mention of the Proviso annexed, he ought in this case to write avec● un Schedule annex, for that which containeth an Addition, is called a Schedule. After a question propounded in the affirmative, upon the passage of a bill, & before the question for the negative part, a Proviso was offered, and judged to be received, 1. Jacobi 13. Iun. 1604. Such Bills as come from the Lords, have their passage in the Commons house by three readings, as well as those that originally begun, there when they are committed, and the Committee see cause to make some amendment in them, they ought not to interline, or raze, or make any other alteration in the Bill itself, as they do in their own Bills, but in a paper thereto annexed they ought to express in what line, and between what words they desire the amendments to be made, which they ought to return up to the house. If upon the report thereof, the house shall approve the doings of the Committees, then ought the Bill with the Paper affixed, to be sent to the Lord's house, to be accordingly amended by the Lords, if they shall so think good. So likewise ought the Lords to do where they desire alterations in any Bill passed from the Commons house unto them. And in this case after the amendments read three times, the question ought first to be put whether the amendments shall accordingly be assented unto. Secondly, for the passage of the Bill, which the amendments (if it pass) the clerk ought to sign it in these words underneath, the signing of the Lords at the foot of the Bill. Acest bille avecque les amendments les comuns one assentus.  
When the Lords send down amendments they ought to be read two times, and then if excepted unto, put to the question for the committing. If they be approved by the Committees, and so reported then ought the question to be put for the amendment of the Bill accordingly.  
Anno 29. Eliz. 25. Decem. the Bill touching labourers, passing first from the commons house, was sent from the Lords with amendments in parchments, & the parchments formally endorsed, Solt baille aux comuns; to which, exception being taken, there was much contention about it between the houses, and precedents sought up, and at last resolved it ought to be in paper without any endorsement at all; otherwise it is where there is a Schedule of additions, or a Proviso annexed, for they ought always to be sent in parchment; the journal book in this place handleth this point at large.  
If there be cause to make alteration in some Proviso or Schedule sent from the Lords, the amendment ought to be tendered in paper, and so passed to the Lords, 3. Sess. Iac. Reg. 30. Iunii.  
If besides the amendments a Proviso be added thereunto or a Schedule of additions, there ought to be mention thereof made by the clerk in the signing of the Bill.  
If the Commons house pass a Bill sent from the Lords with some additions by way of Schedule (which ever containeth some new clause or entire branch added to the Bill) or with some Proviso to be added thereto, the same aught to be signed as a new Bill. Soit baille aux Segneurs.  
For the omission of which the Lords conceiving that they have not had warrant to proceed, thereupon, have returned the same to the Commons house to be amended, and the same hath been reformed accordingly, in the Bill against scandalous rumours, 23. Eliz. 8. Maii.  
If the Lords do absolutely disallow of any thing required by the Commons house to be put out, or of any addition or alteration to be made by way of amendment, the Bill can then have no further proceeding; for if the Commons say put out, and the Lords say let it stand as it was, the same being before determined by question in the Commons house, cannot be brought to the question again, 23. Eliz 9 Mar. The Bill of scandalous Rumours &c. But if the Lords for explanation of such a sentence as is in question, do add words to the additions of the Commons, without putting out of any part of that which is required to be added or altered by the Commons, the same being set down in writing by the Lords, and sent to the Commons, together with the Bill, if the Commons do allow thereof, they are to add the words required by the Lord's paper, and to insert the same into their own paper, and so return the same to the Lords; who thereupon ought to enter it into their Bill engrossed, and so the Bill hath his passage. The like in all points mutatis mutandis, in Bills originally, begun in the Commons house, and sent to the Lords; but if to the Bill coming from the Lords, any Proviso or entire new matter be added by the Commons (because it is adjudged as a new Bill) and hath not been at the question in both houses, the Lords may by their paper require to have part thereof put out, or may offer additions thereunto, which being returned to the Commons, and they giving allowance thereof, they are accordingly to amend the same in their own house, without sending it back to be amended by the Lords; for amendments ought always to be in that house from whence the thing to be amended originally proceedeth; though the directions for the amendments came from the other house; and so mutatis mutandis, in Provisoes or other entire additions required by the Lords to be added to any Bill proceeding from the Commons: And it is held for a general rule, that neither house may of themselves put out any thing which they have before passed, otherwise then requested by the house which hath not passed the same: In the Parliament 31. Eliz. when Mr. snag was Speaker, It was usual when either house desired the clear passage of any Bill sent unto them from the other house, in which they though fit to make alterations to acquaint the house from whom it came, with the alterations which they intended to make, and to desire to know their willingness thereto, thereby to prevent the hazard of the Bill; If perhaps they should make alterations not approved of. In like sort they sometimes used conferences only, to prevent the casting away of Bills for some small difference about the amendments. See for this the clerks book of the Parliament 21. Martii, and 27 Elizab. 10. Martii; the Bill against Jesuits: The like 23. Eliz. 17. Martii, the Bill against seditious rumours. Anno 23. Eliz. 24. Martii, In the Bill for the better government of Westminster, the Commons at the request of the Lords do alter their own amendments. The like was done by the Lords at the request of the Commons upon a conference for that purpose. In the Bill of Hostile laws, 3. Sess. 1. Parliament. Iac. Reg. 29. Iunii 27. Eliz 22. Feb. The Lords by a message without any paper sent unto them, have been prayed by the Commons house to amend the sense of some of their amendments, that so the house might further proceed there with all, which hath accordingly been performed, and then their amendments have been considered, allowed and returned, 23. Eliz. 17. Martii, In the Bill touching Scottish orders.  
In the Bill against vagabonds 13. Eliz. It was resolved that certain words required by the Lords to be put out, should not be put out of the Bill, but stayed still in the same, qualified with other words, with condition that if the Lords should not agree to the said qualification, the house would not be bound by the said resolution, which was done of purpose to avoid the hazard of the Bill, in case the Lords should not agree thereto.  
When amendments of any Bill coming from the Lords are returned by the Committees or otherwise added by the house, they ought presently to be read three times before they be put to the passage with the Bill. In the Parliament 13. Eliz. at the third reading of a Bill which came from the Lords, an addition in paper was by question affiled to it, the addition having been but once read, the Bill was put to the question, and the house divided upon the passage, the error being espied, after long argument thereupon, the additions were ordered to be read twice more, and the Bill was again put to the question and passed: this was the Bill against taking up of previsions within 5. miles of Oxford, which passed 25. May, in the Parliament Anno 2. & tertio P. & M. the Bill for exactions at musters, had a Proviso annexed by the Commons house, and the Lords returned the Bill, desiring the Proviso annexed might be taken off, and a new devised by themselves put in place thereof.  
Anno 27. Eliz. 5. Feb. The Lords having made additions to a Bill passed from the Commons house, the Commons pray conference with them, and desire that they themselves may have leave to make a further addition to their own Bill, or that the Lords would be pleased to supply the same with an addition of theirs, which the Lords refused to do, because they found no such precedent, Anno 27. Eliz. Fol. 81. In the journal, The Bill against fraudulent conveyances passed from the Lords, was upon the second reading refused by the house to be committed; whereupon the Lords craved a conference, and showed it was a Bill which her Majesty called her Bill, drawn by the council, with the advice of her Judges, and therefore wondered at the proceedings of the house, and concluded that they expected and desired that the house would take it into their further consideration; afterwards the house by a special Committee praying their lordships to join in petition to the Queen about matters of Religion, causing the messengers to stay in the painted Chamber, after a while sent out unto them the chief Justice and others to tell them, that when they received an answer from the house touching the Bill of fraudulent conveyances, the house should have an answer touching the petition.  
An. 27. Eliz. 10. Mar. Fo. 130. in the journal to the Bill against Jesuits, which passed from the the Commons house, there were some amendments desired to be made by the Lords, the Commons by message desire the Lords to reform their desired amendments in some points, which the Committees for the Lords thought could not be done by order; but the Commons house resolved it might be well helped by a Proviso in the Commons house, and chose rather to take the course, then further to urge their Lordships therein.  
Anno 27. Eliz. 13. Mar. The Bill touching the sabbath, which upon divers conferences of the houses, received divers additions, alterations and amendments of amendments, and by that means was much defaced, was sent down by the Lords and prayed by them that it might be new written, which was done, and so it passed again in both the houses.  
Anno 25. Eliz. 31. Mar. The Bill against popish recusants, first passing from the Lords, was returned with amendments, which the Lords assented to, and sent down the same again amended by them accordingly; And also a Proviso annexed thereto to be passed, if the house should think good, which was yielded to; and the Proviso being thrice read, was with the Bill passed accordingly, 6. Apr.  
This is a very remarkable precedent, that a Proviso should be added by them who first passed the Bill, and not to have any reference to any alteration or amendment inserted by direction from the other house.  
When amendments are desired by the Lords to a Bill past from the lower house, and thrice read, the question ought to be whether the house will be pleased to admit of those amendments, and that being yielded unto, the Bill itself ought not again to be put to the question.  
If it be resolved to allow the amendments, the alterations are usually made by the clerks servants sitting without the Parliament door, according to the direction in paper annexed to the Bill, and the clerk is trusted with the examination thereof.  
In the fourth session of the first parliament of king James, it was conceived by some of the commons' house, that by reason that Bills which are passed in both houses and oftentimes razed in either house, and no mention made anywhere of such razures lawfully made, that it might give occasions to persons ill disposed, to make razures in Bills past, much to the prejudice of the Common wealth; it was therefore moved that the L. Chancellor for the upper house, who supplies the place of Speaker there, and the Speaker in the house of Commons should subscribe their hands to every Bill so razed; and that mention should be made upon the Bill of all the razures therein, but this motion was not further prosecuted.   

Sect. 7.  
Touching the sending of Bills from one house to the other.  
WHEN the Speaker hath in his hands a convenient number of Bills ready passed, as five or six or thereabouts, he than putteth the house in mind of sending them up to the Lords, and desireth the house to appoint messengers, who accordingly do appoint some one principal member of the house for that purpose, to whom the bills are delivered in such order as he ought to present them to the Lords, which is done by direction of the Speaker, except the house be pleased to give special direction therein.  
The order which hath usually been observed in ranking of them, is first to place them that came originally from the Lords.  
Secondly, those that being sent up unto the Lords from the Commons house, were sent back to be amended.  
Thirdly, public Bills originally coming from the Commons house, and they to be marshaled according to their degrees in consequence.  
Lastly, are to be placed private Bills in such order as the Speaker pleaseth.  
Many times the house (with a purpose specially to grace some one Bill) sendeth it alone sometimes with a special recommendation thereof. The messenger for this purpose is usually attended by thirty or forty of the house, as they please and are affected to the business.  
In the Parliament Anno 31. Eliz. Mar. A private Bill for the relief of one Thomas Haselridge, being passed, the Commons house was sent up only with four or 5. messengers, to which the Lords taking exceptions, returned the Bill, saying, they had cause to doubt that it passed not with a general consent of the house; because it passed not graced with a greater number, and left it to the consideration of the house, to send it back in such sort as was fit. The principal messenger which delivereth the Bills to the Lord's coming in the first rank of his company to the bar of the Lord's house, with three congees telleth the Lords, that the Knights, Citizens and Burgesses of the Commons house, have sent unto their lordship's certain Bills, and then reading the title of every Bill as it hath in order, so delivereth the same in an humble manner unto the Lord Chancellor, who of purpose cometh to the Bat to receive them.  
Bills sent from the Lords to the Commons house, if they be ordinary Bills, are sent down by sergeants at Law, or by two Doctors of the civil Law, being Masters of the Chancery, and being attendants in the upper house, accompanied sometimes with the clerk of the crown an attendant there.  
Bills of greater moment are usually sent down by some of the Judges assistants, there accompanied with some of the Masters of the Chancery, who being admitted entrance, do come up close to the table where the clerk sitteth, making three congees, and there acquainting the Speaker that the Lords have sent unto the house certain Bills, doth read the Titles and delivereth the Bills to the Speaker, and so again departeth with three congees; when they are out of the house, the Speaker holdeth the Bills in his hands and acquainteth the house that the Lords by their Messengers have sent to the house certain Bills, and then reading the Title of every Bill, delivereth them to the clerk to be safely kept, and to be read when they shall be called for.  
Bills originally preferred to the Lord's house, have such proceeding in that house in all points, as Bills preferred to the Commons house have there, only when any question is made in the Lord's house, the trial thereof is by saying content or not content, and if that be doubtful, then by telling the Poles, without dividing the house.   

Sect. 8.  
Touching the royal Assent.  
When Bills are thus passed by both the houses upon three several readings in either house, they ought (for their last approbation that so like to silver they may be seven times purified) to have the royal Assent, which is usually deferred till the last day of the Session; But it may be given at any time during the Parliament; touching which it hath been much doubted, and oftentimes debated, whether the royal Assent given to any one Bill, doth not ipso facto conclude that present Session, which question is of great consequence; for if thereby the Session be at an end, than ought every other Bill not having the royal Assent (though it hath passed both the houses) to be again read three times in either house, and to have the same proceedings as at first, as if nothing had been formerly done therein; so must it be of all other Acts of the house. But in the last Session of the first Parliament of King James, the house being then desirous to have a Bill to be forthwith passed, declared, that the royal Assent to one Bill or more, did not dissolve the Session without some special declaration of his majesty's pleasure to that purpose, 8. April 1604. in the journal.  
So likewise it appeareth by the journal 1. & 2. Phil. & M. 21. November, that the King and Queen came of purpose into the Parliament house to give their Assent to Cardinal Pool's Bill. And upon question made, it was then resolved by the whole house that the Session was not thereby concluded, but that they might proceed in their business, notwithstanding the royal Assent given, but for more security it is usual to insert a Proviso to that purpose.  
At the giving the royal assent it is not requisite that the King be present in person for by express words of the Stat. of 33 of Hen. 8. Ca. 21. The King's royal assent by his letters patents under the great Scale signed by his hand, and declared and notified in his absence to the Lords spiritual & temporal, and to the Commons assembled in the higher house, is and ever was of as good strength and force, as though the person of the King had been there personally present, and had assented openly and publicly to the same; According to which Statute the royal Assent was given by commission, Anno 38. Hen. 8. unto the Bill for the Attainder of the Duke of Norfolk, and very oftentimes since.  
The royal Assent is given in this sort: After some solemnities ended, of which mention shall be made in the Chapter which treateth of the conclusion of the Parliament, the clerk of the Crown readeth the Title of the Bills in such order as they are in consequence, after the Title of every Bill is read, The clerk of the Parliament pronounceth the royal Assent, according to certain instructions given him from his Majesty in that behalf.  
If it be a public Bill to which the King assenteth, the answer is Le Roy leveult.  
If a private Bill allowed by the King, the answer is, Soit fait come il est desire  
If a public Bill (which the King forbeareth to allow) Le Roy se avisera.  
To the subsidy Bill, Le Roy remercy ses Loaulx subjects accept lout benevolence, et auxy le veult.  
To the general pardon, Les Prelates, Seigneurs et Comons en cest Parliament assembles au nom de touts vous auters subject temoreient treshumblement vostre Majesty, et prient dieu vous doner en sante, bone vie, et longe.  
And thus much concerning passing of Bills according to the modern practice: In ancient times the practice was much differing as elsewhere shall be declared; but that ancient order as it was nothing so curious as this, so was it not so safe for the Subject, as by comparing both together will easily appear.    

A report of divers memorable passages between hath Houses in the Parliament 18. Eliz. concerning the adding of a proviso by the Commons, unto a Bill sent to the Lords, engrossed & signed by the Queen, and passed by the Lords for the restitution in blood of a certain Lord, and sent down by Lords to the house of Commons.  
A Noble Lord, whose Father was attainted of murder, (and thereby his blood corrupted) made suit to the Queen to be restored in blood by Parliament, which she inclined unto, and in declaration of her good liking thereof, signed his Bill engrossed, which passed the Lord's house, and was sent down to the Commons.  
The Bill upon the second reading by some was impugned, through mistake of the person, and by some others, for that there wanted a Proviso for purchasers from his Father and other Ancestors.  
To the first, it was answered, that seeing her Majesty had signed the Bill, no doubt she was satisfied touching the person, and he being a young Noble man there was great hope of him.  
To the second, that if the saving (which was already in the Bill) were not sufficient, there might be other provision.  
The Bill was committed, and the Committees thought to add a Proviso to bar the Lord, that he should not take advantage of any errors in any fine or other conveyance by his Father or Ancestors, but should be in that case as though his blood were not restored, in which state he can bring no writ of error: The occasion of which Proviso grew chiefly, for that the Lords had within few days before in this Session dashed a Bill that passed in the Commons house for the helping of such errors; whereupon they thought it dangerous to give that scope to any man that should be restored in blood; and therefore they added such a Proviso both in this Bill and other Bills of the like kind.  
The said Lord endeavoured by his council to satisfy the Committee, that the saving in the Bill was sufficient without a new Proviso; but they being not satisfied therewith, he procured a message from the Lords to the Commons, that the Bill might pass in such sort as was signed by the Queen without any addition, which they thought could not be made without the consent of her Majesty, which message was sent after the Committees had agreed upon the Proviso, and reported the same to the house. The Commons took this manner of dealing to be very strange, not having heretofore received any such message from the Lords tending to prescribe them what they should do in the actions of that council, and notwithstanding that message intended to proceed as they had begun.  
The next day the Lord procured another message from the Lords, desiring a meeting and conference with the Commons about it, which message the Commons conceiving it to be strange to be in this manner pressed, they gave the Bill a third reading, and the new Proviso as the course is, & so sent up the Bill to the Lords with the Proviso annexed, with one other Bill.  
Herewith the Lords were greatly moved, and the same afternoon sent a message to the Commons house by Mr. Justice Munson, and Sergeant Barham, that some of them should come to speak with certain of the Lords in such matters as they had to say to them, & to the Commons house; according to which message certain of the Commons house were appointed, and did give attendance on the morrow morning between 8. and nine of the clock in the painted chamber, sending in word by the Usher of their being there.  
The Lords, after a great pause, at last came forth into the painted chamber; the number of them were many, and the persons of the principal Noblemen of that house, after they had taken their places at a long table, and used some conference amongst themselves, they called for those of the Commons house, to whom the Lord Treasurer in the name of all the rest present and absent, said in effect;  
That the Lords of the upper house could not but greatly mislike the dealing of the Commons house in their passage of that Bill, especially for that they had passed the Bill with a Proviso annexed, notwithstanding their sundry messages sent to them in his favour; and lastly, one message to have conference with them for resolution of such doubts as were moved; wherein they took themselves greatly touched in honour, and thought that the Commons house did not use that reverence towards them as they ought to do: The cause besides, (He said) was such as they saw no reason why the Commons house should proceed in that order, for the Bill being signed by her Majesty (He said) none might presume to alter or add any thing to it without the assent of her Majesty, which they for their parts durst not to do; for proof whereof he showed the Committees sundry provisoes in King H. 8 time annexed to the like Bill signed by the King, inferring thereby that none might pass otherwise; moreover he said that by the opinion of the Judges which were in the upper house; the saving which was in the Bill was so sufficient as there needed no addition of such Proviso as the Commons house have annexed; and therefore required them to know what reasons did lead them to proceed in this order.  
This and some other large speeches being uttered to this end the Committees answered, that their commission was only to hear whit their lordships would say, they would return and make report to the House, and so attend upon them again with answer.  
When this was reported to the Commons house, it moved them all greatly, and gave occasion of many arguments and speeches, all' generally misliking that kind of dealing with them, and thinking their liberty much trenched on in three points: One that they might not alter or add to any Bill signed by the Queen; Another that any conference should be looked for, the Bill remaining with them, except themselves saw cause to desire it: And the third, to yield a reason why they paffed the Bill in that sort.  
After all these things were sufficiently debated, an answer was agreed upon to be returned to the Lords by the same Committees, and they gave their attendance upon the same Lords in the same place, to whom was said in effect, by one of the Committees, and by the consent of the rest,  
That they had delivered to the Commons house the sense of that which their Lordships had said unto them, which as they had conceived did stand upon two parts; One on the manner of their proceeding in this case; And the other on the matter wherein they had proceeded.  
To both which they had commission from the house to make unto their Lordships this answer:  
First, That they were very sorry, that their Lordships had conceived such an opinion of the house as though they had forgotten their duty to them, praying their Lordships to think that the Commons house did not want consideration of the Superiority of their honourable estate, in respect of their honourable calling, which they did acknowledge with all humbleness, protesting that they would yield unto their Lordships all dutiful respects, so far as the same was not prejudicial to the liberties of their house, which it behooveth them to leave to their posterities in the same freedom they have received them.  
And touching the particular case, the manner of their proceedings (as they think) hath not been any waits undutiful or unseemly.  
For the Bill being sent from their Lordships to the Commons house received there (within little space) two readings, and because upon the second reading, some objections were made to let the course of the Bill, the house thought fit to commit it, which doth show that they had no disposition to overthrow the Bill, but to further it, both in respect of her majesty's signature and that it came passed from their Lordships; and whether the Lord whom it concerned had cause or not to think himself favourably used in being heard by the committees, with his learned council they referred to their lordship's judgements. That after the Committees report of their doings the house gave the Bill a third reading, and so passed the same in such sort as now their Lordships hear it notwithstanding their sundry messages to the contrary. And lastly, notwithstanding their message of conference, They said they could not otherwise have done without breach of their liberties, for they took the order of Parliament to be that when a Bill is passed in either house, that house wherein the Bill remaineth may desire conference with the house that passed the Bill, if they think good, but not otherwise; e; and this Bill passing from the Lords to the Commons house, they might desire conference, but not their Lordships, the Bill passing from themselves.  
And thus much for the manner of their proceedings touching the matter wherein they have proceeded, in that they annexed a proviso to this Bill, the same being signed with her majesty's hand, they thought they might lawfully do it without offence to her Majesty, taking her signature to be only a recommendation of the cause to both the houses, without which they could not treat of any Bill of that nature, the house not being thereby concluded, but that they might alter or add any thing that should be thought meet either for her Majesty or the subject: which proviso they have delivered upon good consideration, not hastily and inconsiderately, but upon great and sufficient reasons moving them, praying their Lordship so to conceive it: nevertheless to declare the reasons in particular to their Lordships as they were required on that part, the house desired their Lordships to bear with them, for that were to yield an account of their doings of things passed in their house, which they could not in any wise agree unto, being so prejudicial to their liberties.  
This speech finished, the committees were willed by the Lords to return unto the nether end of the Chamber, and after some pause and consultation amongst the Lords, they called again the Committees, and to them was said by the Lord Treasurer, that the Lords had considered the answer that the Committees had brought to them from the Commons house, and touching the first part thereof, he said that although through such information as was given them, they might have cause to conceive amiss of the house in the manner of their proceedings, yet because themselves were the truest reporters of their own actions, and the best interpreters of their own meanings, the Lords did therefore accept thereof and rested satisfied with the same.  
But touching the other part, he once again pressed the Committees to show cause why the house added that Proviso which the Lords took to be suspicious; the Bill (as he said) containing in it a saving that was sufficient for all causes that might happen.  
To that was said by one of the Committees, that they, humbly thanked their Lordships that it pleased them to accept of their answers to the first part; but for the second which concerned the matter itself, and the reasons that moved the house, he said the Committees had no further authority to deal in, having only commission to deliver to their Lordships the answers which they received from their house.  
Whereupon the Assembly broke up, the Lords returning to the higher house, and the Committees to their house, where at their coming, one of them reported their whole proceedings with the Lords, where with the house was much satisfied, seeing that so great a storm was so well calmed, and the liberties of the house preserved; which otherwise in time to come might have been prejudiced in those three points before remembered which are indeed if they be well considered of great weight and importance.  
The Bill (as it appeared after) passed no further; the Lords notliking the Proviso, nor the Commons house yielding to the withdrawing of it, for the causes afore declared.   

Concerning amendments of Bills in the journal of 31. Hen. 8.  

Die veneris 23. die Maii existen. 15. Parliamenti.  
A Bill passed both houses in one day.  
HOdie per dominum vicegerent. quedam introducta est Billa concedens Reg. Majestati authoritatem constituendi Episcopos in diversis locis hujus Regni sui, quae quidem Billa prima secunda & tertia vice lecta traditur Regis Attornato in domum communem deferend & immediate per ipsos de domo commun● relata & expedita.   

Die Martis 24. die Junii 20. die Parliamenti post proroga. &c.  
A Bill by assent amended after it had passed both houses.  
MEmorandum quod hodierno die, concordatum est inter Proceros & Cōmunes, quod cum in Billa concernente stabiliamentum opinionum inactitatum sit ut hujusmodi sacerdotes qui ante hac uxores duxerint easdem ante festum Sancti Iohannis baptist, (qui hodierno die est) repudiarent, ut nunc alter dies illis ad easdem repudiend. limitaretur, qui eft duodecimus dies instantis mensis Junii, & ut eadem billa indicta sententia raderetur & emendaretur. Quod nota.   

Die Sabbati 28. die Junii 24. die Parliamen. post prorog.. &c.  
Concerning the adding of a Proviso by the Commons to a Bill by them sent up.  
MEmorandum quod immediate post decessum prefati Willielmi Kingston & aliorum, Richardus Riche Miles (ancellarius augmentationis reventionum coronae domini Regia, & alii de domo inferiori proceribus declaraverunt eos Regiam Majestatem convenisseillique supplicasse quatenus eis liceret annectere billae concernenti punitionem eorundem qui accipitres, damas, aut cuniculos ve Majestati pertinentes furaciter capient, provisione quandam limitantem tempus accusationis per transgressoribus ejusdem Billae Regiamque Majestare eis petitionem suam hac in parte concessisse verum priusquam in domum Communem reversi sint dictam Billam per Willielm. Kingston, militem & alios ad Proceres fuisse allatā. Itaque prefatus Richardus Proceres (nomine Communitatis) rogavit, ut vel predictam Billam illis remitterent ut illi hujusmodi provisionem eidem annecterent, aut ut illis placeret talem provisionem componere, & eam dictae Billae annex. in dom. Communi mittere, cui per dominum Canc. ex assensu Procerum responsum est, quod si prefatus Richardus hujusmodi provision. componeret eandemque Proceribus afferret, illi circa eandem procederent, prout inde causam cernerent.     

A Catalogue of the Names of the Speakers of the Commons house of PARLIAMENT.  
IN the reign of William Rufus, there was a great council or Parliament held at Rockingham, as may be collected out of the History of Eadmerus, for he termeth the same, Totius Regni Adunatio, and saith, that a certain Knight came forth and stood before the people, and spoke in the name and behalf of them all, whereby the mind and consent of the people was understood, who (as is conceived) was the Speaker of the Commons; but the author nameth him not; this is mentioned only because of the antiquity thereof.  

Petrus de Mountford. 44 H. 3.   
That he was Speaker of the house of Commons may be collected out of the Register of Saint Alban Fol. 207. where it is said, that he Vice totius communitatis consented to the banishment of Adomar de Valence Bishop of Winchester, by which also it may be conceived that the Lords and the Commons in that time sat in several houses, or at leastwise gave their assents severally.  

Scroop. 6. Ed. 3.  
Monsi. William Trussell. 13. Ed. 3.   
The Commons answer by his mouth, and therefore it is conceived he was their Speaker, though not so named in the record.  

Sir Peter de la Mare. 49. Ed 3.  
Sir Thomas Hungerford. 51. Ed. 3.   
This is the first named Speaker upon Record 51. Ed. 3. n. 89.  

Sir Peirce de la Mare. 1. Rich. 2.  
Sir James Pickering. 2. Rich. 2.  
Sir John Goldesborough 3. R. 2.  
Sir John Goldesborough 4. R. 2.  
Sir Richard Walgrave. 5. Rich. 2.   
He was the first that made excuse, desiring to be discharged (for aught appearing in Record) but the King commanded him upon his allegiance to except the place, seeing he was chosen by the Commons.  

Sir James Pickering. 6. Rich. 2.   
No Speaker recorded from 6. R. 2. to 17.  

Sir John Bushye 17. Rich. 2.   
He was presented to the King in full Parliament by the Commons, the first I find so presented, he was a special Minion to the King.  

Sir John Bushey. 20. Rich. 2.   
There are many P●●●… Rol. of R. 2. which men●o● no Speaker as 11, 13, 14, 15, 16, 18.  

Sir John Bushey. 21. Rich. 2.   
This Parliament was held in the Palace yard of Westminster, in a long house, built with timber of purpose, left open at both ends, both the houses fate together therein, an especial place made for the Speaker: the cause of this extraordinary meeting was the impeachment of the Duke of Gloucester, the Earl of Arundel and Warwick.  

Sir John Cheyney. 1. H. 4.   
He is styled in the Roll not only Parlour, but Procurator de les Commons; the next day after he was presented he grew sick, and the Commons made choice of Mr. John Darwood in his place, and yet he came up with the Commons to the Lord's house, and prayed to be discharged by reason of this infirmity, declaring whom the Commons had made choice of, and prayed he might be accepted, which was granted, and he made the like protestation as Sir John Cheyney had done, which was that he might have liberty to amend any mistaking in that which he should deliver from the Commons, and made none of the other requests now usual.  

lohn Dorwood Esq. 1. H. 4.   
He made no excuse, for aught appeareth.  

Sir Arnold Savage. 2. H. 4.   
The first time appearing upon any Record that the Commons were required by the King to choose a Speaker, but afterward it is still continued, only omitted 16. of Henry the fourth.  

Sir Henry de Redeford. 4. H. 4.  
Sir Arnold Savage. 5. H. 4.   
After he had made the ordinary protestation concerning his owns mistakings, he further desired the King in the names of the Commons that they might freely make complaint of any thing amiss in the government, and that the King by the sinister information of any person would not take offensively that which they should complain of in that behalf: which petition was yielded unto by the King, 5. H. 5.11.8.  

Sir William Sturmy. 6. H. 4.  
Sir John Cheyney. 6. H. 4.   
Parliamentum indoctorum, so called because in the writ of summons there was a clause no Lawyer should be chosen.  

Sir John Tibtoft 7. H. 4.   
He desired to be discharged, because of his youth, but he was nevertheless allowed of, but having forgotten to make the usual protestations upon the day of his allowance; he came up the next day and made it, and added further (which never any Speaker did before or since) that if any writing were delivered by the Commons, this Parliament and they should desire to have it again to amend any thing therein, it might be restored to them, which was granted, R. Pav. 7. H. 4 n. 6. he was the son of John Lord Tiptoft, and in the tenth year of Henry the fourth was made Lord Treasuret of England, and created Earl of Worcester by H. 6. while he was Speaker he signed and sealed the Deed of the intailing of crown. 7. H. 4. with these words, Nomine totius Commutatis.  

Thomas Chauser Esq. 9 H. 4.  
Thomas Chauser Esq. 10. H. 4.  
Thomas Chauser Esq. 13. H. 4.  
William Stourton Esq. 1. H. 5.   
This Speaker Without the assent of his companions, did agree before the King to deliver in Parliament certain Articles, but about three days following, the Commons finding themselves aggrieved therewith, sent unto the Lords (the King being then present) Mr. John Dorewood and divers of the Commons with him, & declared to the King that their Speaker had no authority from them to yield thereunto, & therefore they desired to be excused therein, which the King was pleased to accept, about two months after, the Commons coming before the King did present for their Speaker the same Mr. John Dorwood, because their old Speaker being sick in his bed was not able to execute the place, whom the King allowed of.  

John Doreward Esq. 1. H. 5.  
Thomas Chaucer Esq. 3. H. 5.  
Walter Hungerford Esq. 2. H. 5.  
Richard Redman Esq. 3. H. 5.  
Sir Walter Beauchamp 3. H. 5.  
Roger Flower Esq. 4. H. 5.  
Roger Flower Esq. 5. H. 5.  
Roger Flower Esq. 7. H. 5.  
Richard Baynard 9 H. 5.  
Roger Flower Esq. 1. H. 6.  
John Russell Esq. 2. H. 6.  
Sir Thomas Wauton. 3. H. 6.  
Richard Vernon Esq. 4. H. 6.  
John Tirell Esq. 6. H. 6.  
William Allington Esq. 8. H. 6.  
John Tirell Esq. 9 H. 6.  
John Russell Esq. 10. H. 6.  
Roger Hurst Esq. 11. H. 6.  
John Bowes Esq. 14. H. 6.  
Sir John Tirrell 15. H. 6.  
Sir John Tirrell 17. H. 6.   
The King taking notice of the sickness of the Speaker, and that by reason there of he could not intend the affairs of the Parliament, commanded the Commons to make choice of a new Speaker, who accordingly did make choice of one Mr. William Boerly, and did by one John Hody (Knight of a shear) inform the King thereof, who there upon was allowed of by the King without any more ceremony.  

William Boerly Esq. 17. H. 6.  
Willam Tressam Esq. 18. H. 6.  
William Burley Esq. 23. H. 6.  
William Tressam Esq. 25. H. 6.  
John Day Esq. 27. H. 6.  
Sir John Popham 28. H. 6.   
This excuse by reason of his age and impotency by his service in the war, was allowed of by the King, and the same day the Commons presented M. William Tresham for their Speaker, and he was allowed.  

William Tresham Esq. 28. H. 6.   
He made no excuse at all, for aught appearing on the Record.  

Sir William Oldham 29. H. 6.   
He made no excuse.  

Thomas Thorpe Esq. 21. H. 6.  
Thomas Thorpe Esq. 31. H. 6.   
He was arrested in execution at the suit of the Duke of York between two Sessions of Parliament, wherein the opinions of the Judges being demanded by the Lords, the Judges answered, it belonged not unto them to judge of the liberties of Parliament, whereupon (without them) it was adjudged that he was not to have privilege, which was signified to the Commons by some of the Lords, and the King's pleasure for present choosing of a new Speaker was declared unto them, whereupon they forth with chose Sir Shomas Charlton.  

Sir Thomas Charlton 31. H. 6.  
Sir John Wenlock 33. H. 6.  
Thomas Tresham Esq. 38. H. 6.  
John Green Esq. 39 H. 6.  
Sir James Ttrangwaies 1. Ed. 4.  
John Say Esq. 7. Ed. 4.  
William Allington Esq. 12. Ed. 4.  
William Allington Esq. 17. Ed. 4.  
John wood Esq. 22. Ed. 4.  
William Catesbey Esq. 1. R. 3.   
In these times the Lord Chancellor, Speaker of the Lord's house (being for the most part a Bishop) took a text out of Scripture, or some other theme, and grounded his Oration thereupon, therein declaring the cause of the Summons of the Parliament, and in conclusion thereof, as the use now is, declared to the house of Commons the King's pleasure, that they should repair to their house and make choice of a Speaker, not naming any day when they should present him (as is now used) and when the Commons had chosen their Speaker, they sent up some of their house to the Lords to desire them to intimate to the King that they had made choice of a Speaker, not naming whom, and to move the King to appoint a time when they should present him, and (commonly the King having been formerly spoken unto) the day agreed upon by the King, was declared unto them; at the day appointed, the Commons presented their Speaker, who prayed that he might be excused; but his excuse not being admitted, he maketh the common protestation touching his own mistakings, without any petitions in the behalf of the Commons, as is now usual.  

Thomas Lovell. Esq. 1. H. 7.   
After Knighted and made of the privy council to King Henry the 7. and H. 8.  

John Mordant 3. H. 7.  
Sir Thomas Fitz williams 4. H. 7.  
Richard Empson Esq. 7. H. 7.   
Learned in the laws, Recorder of Coventry, afterwards of the privy council to H. 7.  

Sir Reginald Bray 11. H 7.   
He made the usual protestation for himself, but there is no mention at all upon the Record concerning any petition the liberty of the Commons.  

Robert Drury Esq. 11. H. 7.  
Thomas Inglefield Esq. 12. H. 7.  
Edmond Dudley Esq. 19 H. 7.   
Learned in the laws, he was afterward of the privy council to H. 7.  

Sir Thomas Ing'efeild 1. H. 8.  
Sir Robert Sheffeild 3. H. 8.   
Recorder of London.  

Sir Thomas Nevil 6. H. 8.   
The Speakers presentment, excuse and protestation, are only entered on Record before this time, but no Oration of theirs till this time.  

Sir Thomas More 14. & 15. H. 8.   
Chancellor of the duchy of Lancaster, after Lord Chancellor of England, he was Speaker of the house of Commons in this Parliament, and Speaker of the Lord's house the next; he made the usual protestation for himself, and prayed if any of the Commons should in debate of matters speak more largely than they ought, that it might be pardoned by the King, which the King granted.  

Thomas Audeley 21. H. 8.   
Sergeant at Law, Chancellor of the duchy of Lancaster, Lord Keeper of the great seal, in 24. H. 8. made Lord Chancellor of England, and lastly created a Baron: He made the usual protestation for himself, but there is no mention upon the Record of any petition by him made in the behalf of the Commons.  
I have not found any Speaker named in the Record or Chronicles in these years of H. 8. viz.  

22.  
23.  
24.  
25.  
26.  
27.  
Richard Rich 28. H. 8.   
Afterwards made L. Chancellor, and created a Baron; the first that is recorded to have made request for access to the King: from him are descended the Earls of Warwick and Holland, now living.  

Sir Nich. Hare 31. H. 8.   
Afterwards Master of the Rolls, and after that Lord Keeper of the great seal of England, after which he lived but 14. days.  

Thomas Moil Esq. 34. H. 8.   
The first that is recorded to have made petition for freedom of speech, the petition for privilege from arrest is of latter days, but it appears in the first of H. 4. that Sir John Cheney then Speaker, made a general request that the Commons might enjoy their ancient privileges and liberties, not naming any liberty in particular, and he is noted to be the first that is recorded to have made that request, but they all make the usual request or protestation touching themselves.  
In the latter end of the reign of K. H. 8. there is no mention made in the Parliament Roll of the presenting of any Speaker, nor in the time of Ed. 6. or Queen Mary, nor during the reign of Queen El. when Sir John Puckering was Speaker, but the memories of the Speakers names of those latter times is only presented in the journals of both Houses.  

Sir John Baker 1. Ed. 6. to 5.   
Four Sessions. Chancellor of the Augmentations.  

Sir James Dyer K t. 7. Ed. 6.   
Sergeant at Law, afterwards King's Sergeant and Lord chief Justice of the Common Pleas.  

John Pollard Esq. 1. Mary   
Learned in the laws, he continued Speaker during two Sessions.  

Clement Higham Esq. 1. & 2. P. M   
Learned in the laws and one of the privy council, afterward Knighted and made L. chief Baron of the Exchequer.  

John Pollard Esq. 2. and 3. P. M.   
Learned in the laws, afterward made Sergeant.  

William Cordall Esq. 1. & 2. P. M.   
Master of the rolls & one of the privy council, he was Knighted the day he made his oration, and was Master of the Rolls when he was chosen Speaker, as may appear by comparing the date of his letters patents, with the time of his being chosen Speaker.  

Sir Thomas Gargrave 1. Eliz.   
Learned in the laws, and one of the Queen's council in the North, he made the four Requests, ever since and now usually made by most Speakers, as appears by his Oration.  
First, for free access to the Queen.  
Secondly, liberty of speech.  
Thirdly, for privilege from Arrests.  
Fourthly, that his mistaking might not prejudice the house.  

Thomas William's Esq. 5. Eliz.   
Learned in the laws.  

Richard Ousloe Esq. 8. Eliz.   
The Queen's Solicitor, he was first chosen member of the Commons house, and then being made Queen's Solicitor had a writ to attend in the upper house, and upon the death of Mr. Williams, at the request of the Commons, was sent unto them, and they chose him their Speaker, but so, as the house was divided upon the question.  

Christopher Wray Esq. 13. Eliz.   
Learned in the Laws, afterwards Lord chief Justice of the King's bench.  

Robert Bell Esq. 14. Eliz.   
Learned in the laws, after made Sergeant and Lord chief Baron.  

John Popham Esq. 23. Eliz.   
Solicitor to the Queen chosen in place of Sir Robert Bell who was made Lord chief Baron, and died also before this Session. Mr. Popham was afterwards made the Queen's attorney, and after chief Justice of the King's Bench, and one of the privy council; when he was chosen Speaker he was an assistant in the upper house, and sent for as Mr. Ousloe was.  

Mr. Sergeant Puckering 27. Eliz.   
Till twenty eight during two Sessions: afterwards made the Queen's Sergeant, and Lord Keeper of the great seal.  

Mr. Sergeant Snag 31. Eliz.   
Afterward made Queen's Sergeant.  

Edward Cook Esq 35. Eliz.   
Solicitor general, afterward made Queen's attorney, and Knighted, Lord chief Justice of the Common Pleas, a privy councillor, and lastly made Lord chief Justice of the Kings Bench.  

Mr. sergeant Yeluerton 39 Eliz.   
Afterward made Queen's sergeant, and after that one of the Judges of the King's Bench, and Knighted.  

Mr. Sergeant Crook 43. Eliz.   
Recorder of London, afterwards made Sergeant to Ring James, and one of the Justices of the King's Bench, and Knighted.  

Mr. Sergeant Phelips 1. Jacobi   
He was during the time he was Speaker made Master of the Rolls, and yet sat as Speaker.  

Sir Ranulph Crew 12. Iac.   
Sergeant at Law, afterwards made King's Sergeant and chief Justice of the Kings Bench.  

Sir Thomas Richardson 18. Iac.   
Sergeant at Law, afterwards made King's Sergeant and chief Justice of the Common Pleas, and after chief Justice of the Kings Bench.  

Sir Thomas Crew 21. Iac.   
Sergeants at Law, afterwards made King Sergeant.  

Sir Thomas Crew 1. Caroli R.  
Sir Heneage Finch 1. Car. Reg.   
Recorder of London Sergeant at Law.  

Sir John Finch 3. & 4. Car.   
Queen's attorney, afterwards made one of the King's council at Law, then chief Justice of the Common Pleas, and lately Lord Keeper of the great seal.  

John Glanvile Esq. 16. Car.   
Sergeant at Law, at the Parliament begun the 13. of April 1640. and was dissolved 5. May following, and so continued but 22. days; afterwards he was made the King Sergeant.  

William Lenthall Esq. 16. Car.   
Learned in the Laws, one of the Benchers and Readers of Lincoln's inn at the Parliament which began the 3. of November, 1640.  
FINIS.