AN OLD MOULD TO CAST NEW laws BY; COMPILED By the Honourable Sir Thomas Smith Knight, Doctor of both laws, and one of the principal Secretaries unto two most worthy Princes, King EDWARD, & Queen ELIZABETH. Reprinted out of the commonwealth of ENGLAND, by a friend to old books, and an enemy to new Opinions. TOGETHER, With King JAMES His Declaration to both Houses at Whitehall, of the King's Power in the Parliament of Scotland in making laws. March 31. 1607.  
Remember the days of old, Consider the years of many Generations; ask thy Father, and he will show thee, thy Elders and they will tell thee.  Deut. 32. 7. 
Vir bonus est Quis? Answer is made,  
Qui consulta Patrum, qui Leges juraque servat.  
Printed, M.DC.XLIII.   

OF THE PARLIAMENT, and the Authority thereof.  
THe most high and absolute power of the realm of England consisteth in the Parliament. For as in war where the King himself in Person, the Nobility, the rest of the Gentility and the Yeomanry are, is the force and power of England: so in Peace and Consultation where the Prince is to give life, and the last and highest commandment: the barony or the Nobility for the higher: the Knights, Esquires, Gentlemen and Commons for the lower part of the commonwealth, the Bishops for the Clergy be present to advertise, consult, and show what is good and necessary for the commonwealth, and to consult together, and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House, the other two parts, first each a part, and after the Prince himself in presence of both the parties doth consent unto, & alloweth. That is the Prince's and the whole realm's deed: whereupon justly no man can complain, but must accommodate himself to find it good and obey it.  
That which is done by this consent is called firm, Stable, and Sanctum, and is taken for Law. The Parliament abrogateth old laws, maketh new, giveth order for things past, and for things hereafter to be followed, changeth rights and possessions of private men, legitimateth bastards, establisheth forms of Religion, altereth weights and measures, giveth form of succession to the Crown, defineth of doubtful rights, whereof is no Law already made, appointeth Subsidies, tails, Taxes and impositions, giveth most free pardons & absolutions, restoreth in blood & name, as the highest Court, condemneth or absolveth them whom the Prince will put to that trial. And to be short, all that ever the People of Rome might do, either in Centuriatis Comitiis or tributis, the same may be done by the Parliament of England, which representeth and hath the power of the whole realm, both the head and the body. For every English man is intended to be there present, either in Person, or by Procuration, or attorney of what pre-eminence, State, Dignity or Quality soever he be, from the Prince (be he King or Queen) to the lowest person of England. And the consent of the Parliament is taken to be every man's consent.  
The judges in Parliament are the King or Queen's Majesty, the Lords temporal and spiritual, the Commons presented by the Knights and Burgesses of every Shire and burrow Town. These all, or the greatest part of them, and that with the consent of the Prince for the time being must agree to the making of laws.  
The officers in Parliament are the Speakers, two clerks, the one for the Higher House, the other for the Lower, and Committees.  
The Speaker is he that doth commend and prefer the Bills exhibited into the Parliament, and is the Mouth of the Parliament. He is commonly appointed by the King or Queen, though accepted by the assent of the House.  
The clerks are the keepers of the Parliament rolls and Records, and of the Statutes made, and have the custody of the private Statutes not Printed.  
The Committees are such as either the Lords in the Higher House, or Burgesses in the Lower House, do choose to frame the laws upon such bills as are agreed upon, and afterward to be ratified by the same Houses.  

Of the form of holding the Parliament.  
THe Prince sendeth forth His rescripts or writs to every Duke, marquess, Baron, and every other Lord temporal or spiritual, who hath voice in the Parliament, to be at his great council of Parliament such a day (the space from the date of the writ is commonly at the least 40. days) he sendeth also writs to the sheriffs of every Shire, to admonish the whole Shire to choose two Knights of the Parliament in the name of the Shire, to hear, and reason, and to give their advice and consent in the name of the Shire, and to be present at that day: likewise to every city and town, which of ancient time hath been wont to find Burgesses of the Parliament, so to make election that they may be present at the first day of the Parliament. The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire, present at the day assigned for the election 〈◊〉 voice of any absent can be counted for none. Yeomen I call here (as before) that may dispend at the least 40. of yearly rent of free land of his own. These meeting at one day, the two who have the more of their voices, be chosen Knights of the Shire for that Parliament: likewise by the plurality of the voices of the citizens & Burgesses, be the Burgesses elected. The first day of the Parliament the Prince and all the Lords in their Robes of Parliament do meet in the Higher House, where after prayers made, they that be present are written, and they that be absent upon sickness, or some other reasonable cause, (which the Prince will allow) do constitute under their hand and seal, some one of these who be present, as their Procurer, or attorney, to give voice for them, so that by presence or attorney and Proxy they be all there, all the Princes and Barons, and all archbishops and Bishops, and (when Abbots were) so many Abbots as had voice in Parliament. The place where the assembly is, is richly Tapessed and Hanged, a Princely and royal Throne as appertaineth to a King, set in the midst of the higher place thereof. Next under the Prince sitteth the Chancellor, who is the voice and Orator of the Prince. On the one side of that House or Chamber, sitteth the Archbishops & Bishops each in his rank; on the other side the Dukes and Barons.  
In the midst thereof upon Woolsacks sit the judges of the realm, the Master of the rolls, and the Secretaries of State. But these that sit on the Woolsacks have no voice in the House, but only sit there to answer their knowledge in the Law, when they be asked if any doubt arise among the Lords. The Secretaries do answer of such Letters or things passed in council whereof they have the custody and knowledge, and this is called the upper House, whose consent and dissent is given by each man severally, and by himself, first for himself, and then severally for as many as he hath Letters and Proxies, when it cometh to the question, saying only content or not content, without farther reasoning or replying. In this mean time the Knights of the Shires, and Burgesses of the Parliament (for so they are called that have voice in Parliament, and are Chosen as I have said before to the number betwixt three and four Hundred) are called by such as it pleaseth the Prince to appoint, into an open great house or chamber by name, to which they answer: and declaring for what Shire or Town they answer, than they are willed to choose an able and discreet man, to be as it were the mouth of them all, and to speak for, and in the name of them, and to present him so chosen by them to the Prince: which done they coming all with him to the bar, which is at the nether end of the upper House, there he first praiseth the Prince, then maketh his excuse of inability, and prayeth the Prince that He would command the Commons to choose another. The Chancellor in the Prince's name doth so much declare him able, as he did declare himself unable, and thanketh the Commons for choosing so wise discreet and eloquent a man, and willeth them to go and consult of laws for the commonwealth. Then the Speaker maketh certain requests to the Prince in the name of the Commons, First, that His Majesty would be content, that they may use and enjoy all their Liberties & privileges that the Commons House was wont to enjoy.  
Secondly, that they may frankly and freely say their minds in disputing of such matters as may come in question, and that without offence to His Majesty.  
Thirdly, if any should chance of that Lower House to offend, or not to do or say as should become him, or if any should offend any of them being called to that His majesty's highness Court, that they themselves (according to the ancient custom) might have the punishment of them. And fourthly, that if there came any doubt whereupon they shall desire to have the advice, or conference with His Majesty, or with any of the Lords, that they might do it; all which he promiseth in the Commons names, that they shall not abuse, but have such regard, as most faithful, true, and loving Subjects ought to have to their Prince.  
The Chancellor answereth in the Prince's Name as appertaineth. And this is all that is done for one day, and sometimes for two. Besides the Chancellor, there is one in the upper House, who is called the clerk of the Parliament, who readeth the Bills. For all that cometh in consultation either in the upper House, or in the nether House, is put in writing first in paper, which being once read he that will, riseth up, and speaketh with it or against it, and so one after another so long as they shall think good: That done, they go to another, & so to another Bill. After it hath been once or twice read, and doth appear that it is somewhat liked as reasonable, with such amendment in words and peradventure some sentences, as by disputation seemeth to be amended, in the upper House the Chancellor asketh, if they will have it engrossed, that is to say, put into Parchment: which done; & read the third time, and that eftsoons, if any be disposed to objected, disputed again among them, the Chancellor asketh if they will go to the question; and if they agree to go to the question, than he saith, here is such a Law, or Act concerning such a matter, which hath been thrice read here in this House, are ye content that it be enacted or no? If the not contents be more, than the Bill is dashed, that is to say, the Law is annihilated, and goeth no farther. If the contents be the more, than the clerk writeth underneath: Soit baille aux Commons. And so when they see time, they send such Bills as they have approved, by two or three of those which do sit on the woolsacks to the Commons, who asking licence, and coming into the house with due reverence, saith to the speaker: Master speaker, my Lords of the upper House, have passed among them, and think good that there should be enacted by Parliament such an Act, & such an Act, and so readeth the titles of that Act or Acts. They pray you to consider of them, & show them your advice; which done, they go their way. They being gone, and the door again being shut, the Speaker rehearseth to the house what they said. And if they be not busy disputing at the time in another Bill, he asketh them straight way, if they will have that Bill, or (if there be more) one of them.  
In like manner in the lower House, the Speaker sitting in a seat or chair for that purpose, somewhat higher, that he may see, and be seen of them all, hath before him in a lower seat his clerk, who readeth such Bills as be first propounded in the lower House, or be sent down from the Lords. For in that point each House hath equal authority to propound what they think meet, either for the abrogating of some Law made before, or for making of a new. All Bills be thrice in three divers days read, and disputed upon before they come to question. In the disputing is a marvelous good order used in the lower House. He that standeth up bareheaded, is understanded that he will speak to the Bill. If more stand up, who that is first judged to arise, is first heard, though the one do praise the Law, the other dissuade it, yet there is no alteration. For every man speaketh as to the Speaker, not as one to another, for that is against the order of the house. It is also taken against the order to name him, whom ye do confute, but by circumlocution, as he that speaketh with the Bill, or he that speaketh against the Bill, and gave this and this reason. And so with perpetual oration, not with alteration, he goeth through till he have made an end. He that once hath spoken in a Bill, though he be confuted straight, that day may not reply, no though he would change his opinion. So that to one Bill in one day, one may not in that House speak twice, for else one or two with alteration would spend all the time; the next day he may, but then also but once. No reviling or nipping words must be used. For than all the House will cry 'tis against the order, and if any speak irreverently or seditiously against the Prince or the privy counsel, I have seen them not only interrupted, but it hath been moved after to the House, and they have sent them to the Tower. So that in such a multitude, and in such a diversity of minds, and opinions, there is the greatest modesty and temperance of speech that can be used. Nevertheless with much dulce and gentle terms, they make their reasons as violent, and as vehement the one against the other, as they may ordinarily, except it be for urgent causes, and hasting of time. At the afternoon they keep no Parliament. The Speaker hath no voice in the House, nor will they suffer him to speak in any Bill to move or dissuade it. But when any Bill is read, the Speakers office is, as briefly and as plainly as he may, to declare the effect thereof to the House. If the Commons do assent to such Bills as be sent to them, first agreed upon from the Lords thus subscribed, Les Commons ont assentus; so if the Lords do agree to such Bills as be first agreed upon by the Commons, they send them down to the Speaker, thus subscribed, Les Seigneurs ont assentus: if they cannot agree, the two Houses (for every Bill from whence soever it doth come is thrice read in each of the Houses) if it be understood that there is any sticking, sometimes the Lords to the Commons, sometimes the Commons to the Lords do require that a certain of each House may meet together, and so each part be informed of others meaning, and this is always granted. After which meeting for the most part, not always, either part agrees to others Bills.  
In the upper House they give their assent and dissent each man severally by himself; first for himself, and then for so many as he hath Proxy. When the Chancellor hath demanded of them, whether they will go to the question, after the Bill hath been thrice read? they saying only content or not content, without further reasoning or replying, and as the more number doth agree, so is it agreed on or dashed.  
In the nether House none of them that is elected, either Knight or burgess can give his voice to another, nor his consent or dissent by Proxy. The more part of them that be present only maketh the consent or dissent. After the Bill hath been twice read, and then engrossed, and eftsoons read and disputed on enough as is thought, the Speaker asketh, if they will go to the question, and if they agree? he holdeth the Bill up in his hand, and saith, as many as will have this Bill go forward, which is concerning such a matter, say, yea. Then they which allow the Bill, cry yea, and as many as will not, say no: as the cry of yea, or no is bigger, so the Bill is allowed or dashed. If it be a doubt which cry is bigger, they divide the House, the Speaker saying, as many as do allow the Bill, go down with the Bill, and as many as do, not sit still. So they divide themselves, and being so divided, they are numbered who made the more part, and so the Bill doth speed. It chanceth sometime that some part of the Bill is allowed, some other part hath much controversy and doubt made of it, and it is thought if it were amended it would go forward. Then they choose certains Committees of them who have spoken with the Bill, and against it, to amend it, and bring it again so amended, as they amongst them shall think meet: and this is before it is engrossed, yea and sometime after. But the agreement of these Committees is no prejudice to the House. For at the last question they will accept it or dash it, as it shall seem good, notwithstanding that whatsoever the Committees have done.  
Thus no Bill is an Act of Parliament, Ordinance, or Edict of Law, until both the Houses have severally agreed unto it after the order aforesaid, no nor then neither. But the last day of that Parliament or Session, the Prince cometh in Person in His Parliament Robes, and sitteth in His State, all the upper house sitteth about the Prince in their States and order in their Robes. The Speaker with all the Commons House cometh to the bar, and there after thanksgiving first in the Lord's name by the Chancellor &c. And in the Commons name by the Speaker to the Prince, for that He hath so great care of the government of His People, and for calling them together to advise of such things as should be for the Reformation; establishing and ornament of the commonwealth. The Chancellor in the Prince's name giveth thanks to the Lords and Commons, for their pains and travails taken, which he the said Prince will remember and recompense when time and occasion shall serve, and that he for his part is ready to declare his pleasure concerning their proceedings, whereby the same may have perfect life and accomplishment, by His Princely authority, and so have the whole consent of the realm. Than one reads the Titles of every Act, which hath passed at that Session, but only in this fashion: An Act concerning such a thing, &c. It is marked there what the Prince doth allow, and to such he saith Le Roy, or La Royn le vults And those be taken now as perfect laws, and Ordinances of the realm of England, and none other, and as shortly as may be put in Print, except it be some private cause, or Law made for the benefit or prejudice of some private man, which the Romans were wont to call Privilegia. These be only exemplified under the seal of the Parliament, and for the most part not Printed. To those which the Prince liketh not he answereth Le Roy or La Royne saduisera, and those be accounted utterly dashed and of none effect.  
This is the Order and form of the highest and most authentical Court of England, by virtue whereof all those things be established whereof I spoke before, and no other means accounted available to make any new for feature of Life, Member, or Lands of any English man, where there was no Law ordained for it before.    

King James His Declaration to both Houses at White-Hall, of the King's power in the Parliament of SCOTLAND in making laws. March 31. 1607.  
IT hath been objected as another impediment, That in the Parliament of Scotland the King hath not a Negative voice, but must pass all the laws agreed on by the Lords and Commons.  
Of this I can best resolve you, for I am the eldest Parliament man in Scotland, and have sat in more Parliaments than all my Predecessors. I can assure you, that the form of Parliament there is nothing inclined to Popularity. About a twenty days or such a time before the Parliament, Proclamation is made through the Kingdom, to deliver into the King's clerk of Register (whom ye here call the Master of the rolls) all bills to be exhibited that Sessions, before a certain day. Then are they brought unto the King, and perused and considered by Him; and only such as I allow of are put into the chancellor's hands, to be propounded to the Parliament and none others. And if any man in Parliament speak of any other matter, than is in this form first allowed by me, the Chancellor tells him there is no such Bill allowed by the King.  
Besides when they have passed them for laws, they are presented unto me, and I with my sceptre put into my hand by the Chancellor, must say, I ratify and approve all things done in this present Parliament: And if there be any thing that I dislike they raze it out before: If this may be called a Negative voice; then I have one I am sure in that Parliament.  
If I have spoken evil bear witness of the evil, but if well, why smitest thou me?  Ioh. 18. 23. 
If I have said any thing amiss tell me.  Eras. Paraph. 
FINIS.