Modus tenendi Parliamenta in Hibernia.  
Published out of an ancient Record by the Right Reverend Father in God ANTHONY, Lord Bishop of MEATH.  
To which is added the Rules and Customs of the House, Gathered out of the Journal Books from the time of Edward the Sixth.  
By H.S.E. C.P.  
DUBLIN, Printed by Andrew Crook. Assignee of Ben. took, Printer to Their Majesties, and are to be Sold at his House on Ormonde-Key, and by the Booksellers of Dublin.   

The Preface to the Reader.  
Good Reader,  
THe news of an approaching Parliament in this Kingdom has invited me to the Publication of this ancient Record concerning the manner of holding Parliaments in Ireland, which, if I am not much mistaken, is the very Original Record said by my Lord Cook to have been in the custody of 
4 Instit. f. 12.  Sir Christopher Preston in the 6th. of Hen. 4. It came to my hands among other Manuscripts and Papers of my ever Honoured Uncle Sir William Domvile, late Attorney General in this Kingdom, which he was pleased to bequeath as a Legacy to me, and he  told me in his life time upon an occasional discourse concerning it that it was bestowed on him by Sir James cuff, late Deputy Vice-Treasurer of Ireland, that Sir James found it among the Papers of Sir Francis Aungier, Master of the Rolls in this Kingdom, and Sir Francis hisGrandson, theRight Honourable the Earl of Longford has lately  told me that Sir Francis had it out of the Treasury of Waterford.  
I am not ignorant of the disputes between my Lord cook and Mr. Prynne concerning the ancient manner of holding Parliaments in England, of which this is said to be a Transcript, the former affirming it to be a genuine piece of Antiquity, as ancient as the time of Edward the Confessor, the latter reputing it as spurious and no older 
Prim. aniwad. page. 6. part. 2. c. 5. S. 26.  then the Reign of King Henry 6th. nor that the most learned Mr. Selden in his Titles of Honour hath decried it as a late imposture of a bold fancy not exceeding the Reign of King Edward the Third, but as I am not conceru'd to vindicate the antiquity of the English Modus, so I shall not engage myself in that Dispute, but shall only offer to the Reader, some considerations to Justify the antiquity and genuineness of our Irish Modus.  
It is affirmed by my Lord C● that after King Henry the Sec● 
4th. Institut. f. 12.  had Conquered Ireland, that ● fitted and Transcribed the English Modus into a Par●ment Roll for the use of Ireland, that this Parchme● Roll so transcribed remained in Ireland, that in t● Sixth year of King Henry 4th. it was in the custody ● Sir Christopher Preston a man of great Wisdom a● learning, that in the same year de assensu Johannis T●hor His Lieutenant there, and of His Council of Irela●, King Henry 4 h. exemplified it for the better holdi● of Parliaments in Ireland, and that it expressly appea● in the exemplification that King Henry 2d. did tra● scribe this Modus, as aforesaid, To which give me lea● to add these following particulars.  
1. That it is affirmed by Hist●rians of good credit that William t● 
Hoveden in Hen. 2. p. 343. book of Litchfield in Seldens Notes on Eadmer p. 171.  Conqueror did in the 4th. year of h● R●ign by the advice of his Baro● Summon an Assembly of Nob● Wise and Experienced Person● in the Laws of England, ut eorum ● jura & consuetudines ab ipsis audiret that he might kno● what were their ancient Laws and Customs, that ●● Men were Elected out of each County, who took a● Oath ut quoad possent recto transmite neque ad dextram neq● ad sinistram paertem áivertentes legum suarum consetudine● sancita patesacerent nihil praetermittentes nihil addente● nihil praevaricando mutantes. And accordingly it appears by Math. Paris that the Conqueror did confirm those 
In vita Hen. 1. p. 56.  Laws to them with some Emend●ations: Legam Regis Edvardi vobis reddo( sath he) cum● illis emendationibus quihus pater meus cam emendavit cum consilio Baronum svorum.  
2. That a Copy of the exemplification mentioned by my Lord Cook was communicated to Mr. Selden b● Mr. Hakewell of Lincolns-Inn, and is to be found in h● Titles of Honour, wherein an ex●ess mention is made that Henry 
part 2 c. 4 sect. 26.  ●. Lord and Conqueror of Ire●nd did sent such a Modus into this Kingdom, and bemuse that book of Mr. Seldens is not readily had I shall herefore for the ease of the Reader transcribe that pas●ge out of it. The style whereof runs thus,  
● Henricus dei gratia Rex Angliae & Franciae & Dominus ● Hiberniae omnibus ad quos praesentes literae pervenerint salu●m. Inspeximus tenorem diversorum Articulorum in quodam ●o●ulo pergamenaeo scrip●orum cum christopher de Preston ●ilite tempore arresta●ionis suoe apud ●illamdo Clane per De●ut atum dilecti & fidelis nostri Johannis Talbot de Halom●hire Chivareri locum nostrum tenentis terrae nostrae Hiber●iae nuper factae inventorum ac coram nobis & Consilio no●tro in eadem terra nostra apud villam de trim. Nano die ● Januarii ultimo proeterito ostensorum in haec verba. Modus ●endendi parliamenti. Henricus Rex Anglise Conque●stor et Dominus Hivernie mittir hanc formam Archiepiscopis Episcopis Abbatius pri●ribus Comitibus Baronibus justiciariis Vicecomitibus Majoribus prepositis et omnibus fidelibus suis terre H●be●●ie tenendi Parliamentum Imprimis summonitio Parliamenti precedere dedet per quadraginta dies &c,  
Now I think it hardly credible that an exemplification would have been made so solemnly of it by King Henry 4. that it should refer to a Modus Transmitted in K. Henry ●d's time, and affirm that it was produced before the LOrd JUstice and Council at trim if no such thing had been done, this were to call in question the truth of all former Records and Transactions, and make the exemplification to contain an egregious lie in the body of it.  
3. That the Character, Ink and Parchment are all so many Arguments for the Antiquity of it, and may convince any Person that is unprejudiced in the controversy, that it could not be so late as the time of K. Hen. 6.  
4. That there are several internal Arguments con●ained in the body of the Record that prove it to have been composed and transcribed in the Reign of King Henry 2d. as 1. That in the preamble he is styled C●●questor Hiberniae, which is a Title only proper to himself, for altho' he fought no Battle in this Kingdom, n● reduced the Irish by force of arms, yet the bare ne●● of his presence, and the report of the Forces he broug● over with him did open as fair and ready a way to t●● submission of the Irish as if he had conquered them wit● his sword. 2. That in the Title, Sessiones in Parliament● mention is made of the 4 Archbishops of Ar●mah, Du●lin, Cashell and Tuam who had received their Palls an● took on them the fixed names of those places not ●bove 20 years before the Conquest of King Hen. 2. bein● formerly styled by the names of their respective Province 3. That in the last Title de constitutione Justitiarii men●tion is made of the procurator terrae, which was one o● the stiles given to the Kings chief governor of Irelan● in the Reign if King Hen. 2d. but disused in after time when the names of Justitiarius & locum tenens Hiberni● became more frequent; thus William Fitz Adelm was sent into Ireland 23 of King Hen. 2d. Anno Dom 1177 by the name of Procurator Regis and in the year 118● which was the 30th. of K. Hen. 2d. Philip de Braos● was sent Procurator in Hiberniam, saith R●ger Hoveden.  
4. That upon the Authority of this last Title which grants a Liberty of choosing a Justice for the Kingdom in the absence of the King or his Procurator we find that immediately upon the death of Earl Strangbow the Council choose Reymond le gross to Govern the Kingdom tell the Kings pleasure should be known, which in all probability they would not presume to do unless the Kings permission had authorised the fact as well as the necessity of their Affair obliged them to it.  
Having said thus much in justification of our Irish Modus it may now seem reasonable to take into consideration the several of Mr. Pryn in his Animadversions, but because the most 
●. 2. 3. &c.  that is there offered doth relate to the Antiquity of the English Modus, and there is nothing objected against the credit of the Record which I have published( which I believe was never seen by that learned and industrious Antiquary) further then as it agrees in some passages with the English Modus and where they agree in the Substance, yet there are such material differences in the manner of expressing it( as any one may perceive that will take the pains to compare them together) I shall therefore spare the Readers pains in making any remarks upon them having no other aim in the publication of this then to stir up the endeavours of the learned Searchers into Antiquity to find out the true Original and date of this Record.  
There are only one or two things more that are necessary to be added for the Readers satisfaction. 1. That in the Section or Title de Judicijs casus dubij there seems to be some omission of words which makes the sense Imperfect, and may easily be supplied out of the English Modus, viz. after the words Et ipsi sex in trees add Et hi trees in unum condescendere qui a seipso. &c.  
2 That in the last Section de constitutione Justitiarii, after the word censeatur, there should be added constituatur Justiclarius per Consilium, but tho' these defects are observable in the Record, yet I thought it not convenient to insert them in their proper places, because I did believe it inconsistent with the integrity of a Transcriber to add or alter any thing in the Original.  
A. Midens.   

Modus tenendi Parliamenta & Consilia in Hibernia.  
HEnericus Rex Anglie Conquestor & Dominus hiberny, &c Mittir hanc formam Arthiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Iustitiariis vicecomitibus Majoribus prepositis Ministiris & omnibus fidelibus suis terre hiberny tenendi parliamentum. In primis.  

Summonitio.  
Summonitio Parliementi precedere debet per quadragin● dies ante primium diem Parliamenti.   

Summonitio Clericorum  
Summoniri & venire debent ad Parliamentum omnes Arthiepiscopi Episcopi abbots Priores et alij Clerici qui tenant per tenuram Comitatus vel barony integre & nulli all minores custibus propriis causa tenor sue.  
Item Summoniri debent Arthiepiscopi Epistropi abbots Priores Decani & Arthidiaconi exempti & alij privilegii qui habent jurisdictionem quod ipsi de ascensu Cleri pro quolibet Decanatu & Arthidlaconatu hiberny & proseipsis Decanis & Archidiaconis facere eligere debent duos sapientes & competentes procuratores pro ipsis Arthidiaconatibus adveniendum & essendum ad Parliamentum ad respendendum supportandum alocandum & faciendum quod quilibet & omnes de decanatibus & Arthidecanatibus facerent vel faceret si personaliter interessent vel interesset & quod procuratores veniant cum cum varentis suis dupplicatis sigillatis sigillis superiorum svorum unde unum deliberetur Clerico Parliamenti itrotulandum & aliud secum remaneat.   

Summonitio Laicorum.  
Summoniri & venire debent omnes Senatores & quilibet comes & ●aro & Pares eorum videlicet qui habent terras redditus ad valenciam unius comitatus integri quod viginti feoda militum quolibet computato ad viguit libras queen faciunt CCCC vel valorem baron integre ( vizt.) tresdecem feoda militum & tertiam partem feodi unius militis queen faciunt CCCC marcas & nulli minores Laici vel Clerici custibus proprijs causa tenuce sue nisi Rex summoniat consiliarios suos vel altos sapientes ex necessaria causa quibus mittere solebat precando eos custibus ipsius Regis venire & esse in Parliamento suo.   

Milites Comitatuum.  
Item per breve rex mittere debet culibet senescallo libertatum & culibet vi●comiti suo hiberny quod faciant eligere quilibet de essensu communitatis libertatis et comitatus sui duos Milites competentes honestos & sapientes adveniendum ad Parliamentum ad respondendum supportandum allocandum & faciendum quod omnes & quilibet communitatis libertatis & Comitatus facerent vel faceret si personaliter interessent vel interesset. Et quod milites venient tum warentis ut predictum est de procuratoribus & quod sine licentia Parliamenti non discedant a Parliamento et post licentiam habeant breve directum senescallo vel vicecomiti quod faciet dictos Milites sues habere de communitate sua rationabiles eustus & expensas suas a die remotionis eorum versus Parliamentum usque rationabilem diem quo ad propria revenire a Parliamento potuerunt. Et quod expense non excedunt unam Marcam de duobus militibus per diem.   

Cives & Burgences.  
Item eodem modo mittendum est Majoribus Ballibis prepositis Civitatum & Burgensibus defranseis quod de communi assensu Communium svorum eligant duos cives vel Burgenses, &c. ut dictum est supra de Militibus & quod expense duorum civium vel Burgensium non excedant dimid. Marce— pec diem.   

Principalis Clericus.  
Item quod Rex inveniet custibus suis principalem Clericum Parliamenti ad irrotulandum communia placita & negotia Parliamenti qui tantumodo— subjectus erit fine medio Regi & Parliamento suo in communi & quum pares Parliamenti sint assignati ad examinandum petitiones persceipses & sunt concords in juditio suo tunc Clericus predictus repetet petitiones & processus supper ipsos & Pares reddent judicium in pleno Parliamento. Et iste Clericus sedebit in medio loco Instic.  
Item quod Iustitiarius nullus sit in Parliamento nec habet per ipsum recordum fieri in Parliamento nisi nova potestas et assignetur per Regem & Pares Parliamenti in Parliamento & dictus Clericus deliberabit rotulos suos in Thesaurum ante finem Parliamenti.   

Clericus Parliamenti  
Item Rex assignare solet custubus suis unum bonum Clericum probatum ad scribendum dubitationes & responsiones quas Archiepiscopi & Apiscopi facere volverint Regi & Parliamento, & secundum Clericum procuratoribus eodem modo tertium vero Comitibus Baronibus & Paribus eorum eodem modo quartum Militibus libertatum & Comitatuum & quintum Civibus & Burgensibus qui Clerici semper predictis erunt meorum consiliis intendentes quod si vacaverint vel aliquis eorum vacaverit adjuvare debent principalem Clericum ad irrotulandum & ad minus assignare debet unum dominis & commibus spiritualibus & alium dominis & commibus temporalibus etiam Rex assignabit cum quolibet predictorum Clericorum unum Hostiarium & unum Clamatorem,   

Gradus Parliamenti.  
De Rege solo est primus gradus Parliamenti quia est caput commensor & finis Parliamenti secundus gradus de Archiepiscopis Episcopis Abbatibus Prioribus & paribus eorum per Comitatum vel Baroniam tenentibus est Tertius Gradus est de procuratoribus quartus gradus est de comitibus Baronibus & corum paribus Qintus gradus est de militibus libertatum & comitatuum Sextus Gradus est de Civibus & Burgensibus & si contingat quod aliquis dictarum graduum excepto Rege absence a Parliamento fuerit nihilominus Parliamentum judicatum est esse plenum.   

De presentia Regis & absentia ejus  
Rex tenetur semper esse in Parliamento personaliter ni infirmitate impediatur & tunc infra manerium vel villam Parliamentum debet esse & mittere debet pro duobus Episcopis duobus Comitibus duobus Baronibus duobus Militibus Comitatus duobus Civibus & duobus burgensibus ad videndum personam suam & testificandum statum suum in quorum etiam presentia committere debet Archiepiscopo loci Comiti ●erre & capitali Iustitiario suo, quod incipiant & continuant Parliamentum nomine sue & Rex absentare non potest ni modo & causa supradictis ni sit ex assensu Parium Parliamenti.   

Sessiones in Parliamento  
Rex sedebit in medio principalis Scamni & ad ejus dextram Archiepiscopocus loci Ardmachanus vel Dublin & si extra eorum limits Parliamentum sit tunc a dexteris Regis Archiepiscopi Armach & Casselen & a sinistris Regis Archiepiscopi Dublin & Tuamen deinde vere a dextris Episcopi abbots Priores in secunda formula secundum ordinem a siinistris in formula Comites Barones et eorum Pares secundum ordinem ad pedem dex rerum Regis sedebit Cancellarius Capitalis Iusticiarius cum suis sociis & eorum Clericis, & ad pedem sinistrum sedebunt Thesaurarius & Camerarii & Barones de scacario: Iustitiarii de Banco & eorum Clerici si sint de Parliamento deinde procuratores terre sedebunt.   

Americiamenta Absentium.  
Rex cum Consilio suo tenetur esse primo die in Parliamento & quarto die omnes summoniti ad parliamentum erint vocati & eorum defectus accordatur & per considerationem Regis & omnium Parium Parliamenti americiamenta defectuum taxata.   

Dies & box Parliamenti.  
Parliamentum non debet teneri diebus dominici nec die omnium sanctorum nec die animarum nec in nativitate Sancti Iohanis baptiste omnibus aliis diebus Rex cum Gradibus Parliamenti debent esse in Parliamento media hora ante primam Festivalibus vero diebus propter servitium divinum ad horam primam & sit Parliamentum in aperto loco semper.   

Ordo deliberand. Parliamentum  
Petitiones sint assisati sicut deliberantur & sic per Ordinem legantur & respondeantur( viz) primo determinentur queen ad guerram pertinent postea de persona Regis & Regine & principis sui ac Gubernatione eorum ac postea de communibus negotijs terre sicut est delegibus faciendis & emendandis videlicet originalibus judicialibus & executorijs post judicium reddit & postea singulares petitiones secundum quod sunt supper filatoria & primo die Parliamenti sit proclamatio facta in villa & in loco Parliamenti quod omnes qui querelas vel petitiones velint deliberare Parliamento id quod faciant infra quintum diem sequentem.   

Incepcio Parliamenti.  
Quarto die Parliamenti vel quinto predicatio fiat ab aliquo solemni Clerico ejusdem Diocesees & post predicationem Cancellarius vel alius sapiens & eloquens ac honestus pro Cancellario electus monstrabic causas Parliamenti primo generaliter & postea specialiter stando. Quia quilibet loquens in Parliamento tenetur stare loquendo excepto Rege ut ab omnibus audiatur & post promotionem Parliamenti Rex debet precare Clericos & Laicos quod quilibet in suo gradu diligenter studiose & corditer laboret ad tractandum & deliberandum negotia Parliamenti sicut principaliter intendunt hoc esse primo ad voluntatem Domini ex postea ad honorem & proficuum Regis & ipsorum presentium.   

De Adjutorijs postulandis.  
Rex non solet petere auxilium de populo suo ni pro guerra sua existent vel filiabus maritandis queen petitiones in pleno parliamento debent in scripto deliberari cuilibet gradui parliamenti & in scripto responderi unde sciendum est quod in talibus concessionibus necessarium est ut majores partes cujuslibet status sint ad hoc consentientes & sciendum quod dvo milites electi habent plus vocis in concedendo vel negando pro Comitatu suo quam Comes ejusdem Comitatus & eodem modo procuratores Clericorum plus Episcopis suis in concedendo vel negando quod apparet. Quia Rex cum Comunitate sua potest tenere parliamentum sine Episcopis Comitibus & Baronibus si rationabiliter summoniti non venirent quia aliquando fuit quod non fuerunt Episcopus Comes nec Baro, & tunc Reges tennerunt parliamentum & si Comunes Clericorum & Laicorum sint sumoniti modo debito ad Parliamentum & pro rationabili causa venire nolunt similiter si assigna berint specialiter causas in quibus Rex eox non recte gubernavit tunc Parliamentum tenebitur pro nullo quamvis alij status ibidem plenary intersint & ideo necessarium est quod in omnibus concedendum & faciendum affirmandum & donandum per Parliamentum quod sint concessa per communes parliamenti qui constant ex tribus gradibus videlicet de procuratoribus Clericorum Militibus Comitatuum Eivibus & Burgensibus & quilibet parium parliamenti est pro seipso in parliamento & omnes pares parliamenti sunt Iudicces & Iustitiarij in parliamento & sedebunt ni quum loquuntur. Communes vero sunt querentes & necessitatibus subvenientes & stabunt.   

judicium casus dubii.  
Si dubius casus vel durus guerre vel pacis in terra advenerit vel extra terram Ista causa sit scripta in Parliamento pleno & sit ibidem inter pares parliamenti disputata & tractata & tunc si necesse per Regem injungatur cuilibet gradui quod eat quilibet gradus per se habens Clericum cum causa scripta ubi recitabunt causam Ita quod Ordinet & considerent inter eos in quo meliori modo et justo procedere possunt in casu●llo sicut pro persona Regis & scipsis ac pro quibus presentes sunt velint coram Deo respondere. Et sic responsiones eorum in scriptis reportent ut omnibus responsionibus et consilijs auditis secundum melius consilium procedatur sicut si sit discordia inter Regem et alias Magnates pax terre fracta fuerit vel inter papulum Ita quod videtur parliamento quod talis causa sit per omnes gradus terre tractanda et per eorum considerationem emend●nda vel si per guerram Rex et terra turbetur vel si durus Casus coram Cancellario vel Iustitiario aut durum judicium advenerit vel aliquis alius similis casus etsi in talibus deliberationibus omnes vel saltem mayor pars cujustibet gradus non consenserint tunc de quolibet gradu Parliamenti excepto Rege eligatur unus qui omnes vel eorum trees ad minus eligant duos Episcopos trees procuratores pro toto clero duos Comites trees Barones quinque Milites Comitatuum qulnque Eives et quinque Burgenses qui faciunt xxv. personas in ipsis & ipsi sex in trees & condescendere quia seipso descendere non potest, cujus ordinatio erit pro toto Parliamento ni in altero ipsorum potest condescendere mayor numerus concemire posit salvo Rege et consilio etiam quod ipsi tales ordinationes post quam scriptum fuerit examinare et corrigere si sciverint, poss●nt in pleno parsiamento et non alibi et hoc ex Parliamenti assensu. Transcript.   

Transcriptum.  
Clerici Parliamenti non denegabunt aliciui transcripta vel procesium aut recordum parliamenti qui solvere volverint pro quibusslibet decem lineis contimentibus decem pollices in longitudine queen est mensura rotuli parliamenti unum denarium.   

Perjurus Rex.  
Parliamentum erit tentum in loco competenti terre quo Regi placuerit & parliamentum non dabet departiri quando aliqua petitio est pendens non determinata quod si Rex contrarium fecerit perjurus est & parliamentum non debet adjornari ni de concensu omnium parium parliamenti & de omnibus gradibus parliamenti nullus solus potest nec debet decedere a parliamento sine licentia Regis & omnium pariu● parliamenti & hoc in pleno parliamento.   

De fine Parliamenti  
Ita quod ind fiat mentio in rotulis parliamenti & si aliquis parliamenti durant parliamento infirmitate detineatus ita quod parliamento accedere non posset tunc infra quartum diem mittat excusatores parliamento quo die si non venerit mitttantur ei de paribus suis ad videndum & testificandum infirmitatem suam per recordum eorum sit excusatus vel in misericordia pro defectu quod suspicio ficta infirmiter sit tunc mittat aliquem sufficientem coram ipsis ad essendum pro ipso in parliamento quia sanu● desana memoria non potest excusari ad departitionem parliamenti primo demandari et Proclamari debet apart in parliamento si aliquis deliberaverit petitionem parliamento cvi factum non est responsum, & si nullus reclamat est supponendum quod culibet petitioni medicina rationabilis facta est et tunc Cancellarius vel alius assignatus per Regem & parliamentum debet dicere alta voice nos damus parliamento licentiam dissolvi & sic finitur parliamentum.   

De Consilijs.  
Et etiam Rex vult quod eadem forma in consiliis per summonitionem factam obserbetur excepto quod pro●rege & legibus in ipsis consilijs erunt ordinationes in Parliamento vero Statura.   

Constitutio Iustic. in Hibernia.  
Et etiam Rex vult ut absent Rege a dicta terra sine procuratore ejusdem terre quocunque alio nomine senceatur.   
FINIS.   

RULES AND CUSTOMS, Which by long and constant practise have obtained the Name of Orders of the House. GATHERED By Observation, and out of the Journal Books from the time of Edward 6.  
By H.S.E. C.P.  
DUBLIN, Re-printed by Andrew Crook Assignee of Benjamin took, Printer to the King and Queen's Most Excellent Majesties, on Ormonde-Key, 1692.   

CHAP. I. The manner of choosing a Speaker in Parliament.  
THE day the Speaker is chosen, the Proceeding hath been in this manner: Some person( when the generality of Members are come and sit) doth put the House in mind, That for their better proceedings in the weighty Affairs they are come about, their first work is to appoint a Speaker; and recommends to the House some Person of fitness and ability for that Service and Dignity; which usually hath been one of the long rob. If the House generally give a Testimony of their Approbation, two of the Members( which for the most part were of the Council or Chief Officers of the Court) going to the Gentleman name, and agreed to be Speaker, take him from his place, and led him unto the Chair, where being set, they return to their places.  
If more then one person be name for Speaker, and it be doubtful who is more generally chosen; sometimes one of the Members standing in his place, doth by direction or leave of the House, put a question for determining the same.  
In the first Session of the Parliament 1o Jacobi, Sir Edward Phelips, the Kings sergeant at Law was first name by Mr. Secretary Herbert, as fit for that place, in regard of his Knowledge of the Laws, the gift of Utterance, his long experience and practise in Parliament; after some silence, the names of others were mentioned, but the more general voice ran upon Sir Edward Phelips, who thereupon stood up, and made a Speech to excuse and disable himself; but the House, notwithstanding his excuse, was willing to proceed to a Question, and directed the Clerk sitting at the Board( as the Order is before the Speaker be chosen, so it is entred in the Journal of that Session) to make the Question upon his name, viz. All that will have Sir Edward Phelips Speaker, say, Yea, &c. Which done, and he being by general Acclamation chosen Speaker, he was by Sir John Herbert and Sir Edward Stafford( leading him as the form is) placed in the Chair, the ancient Seat of Speakers: where being set. after some silence he stood up and made a gratulatory Speech of Form and Thanks.  
The first business in the House is ordinarily to red a Bill that was not passed in the last Parliament preceding, or some new Bill; as in that of 1o Jacobi, a new Bill, entitled, Touching Common Recoveries against Infants, was red.  
But on that day before that was done, there was a Motion made for privilege of Sir Thomas Shirley, who was chosen a Member to serve in that Parliament, but detained by an Arrest; upon which a Habeas corpus was awarded, and the sergeant that Arrested him and his Yeoman sent for, and a Committee for Elections and privileges chosen.   

CHAP. II. Decorum to be observed in the House.  
WHen the Speaker is set in his Chair, every Member is to sit in his place with his head covered.  
No Member in coming into the House, or in removing from his place, is to pass between the Speaker and any Member then speaking; nor may across or go ovetrhwart the House; or pass from one side to the other while the House is sitting.  
No Member is to come into the House with his Head covered, nor to remove from one place to another with his Hat on, nor is to put on his Hat in coming in or removing, until he be sat down in his place.  
While the House is sitting, no mân ought to speak or whisper to another, to the end the House may not be interrupted when any are speaking; but every one is to attend unto what is spoken. In which Case, Penalties have been imposed; as 4. Decem. 1640 and at other times.  
When any Member intends to speak, he is to stand up in his place uncovered, and address himself to the Speaker, who usually calls such person by his name, that the House may take notice who it is that speaks.  
If more then one stand up at once, the Speaker is to determine who was first up, and he is to speak, and the other sit down, unless he who was first up sit down again, and give way to the other, or that some, other Member stand up and acquaint the House, that another was up before him, whom the Speaker calls and the House adjudge it so.  
While one is speaking none else is to stand up or interrupt him until he have done speaking and be sat down, and then any other may rise up and speak, observing the Rules.  
21. Junii, 1604. It was agreed for an Order, That when Mr. Speaker desires to speak, he ought to be heard without Interruption, if the House be silent and not in dispute.  
12 Jacobi, It was vouchsafe by Sir Dudley digs,( a person of much experience in Parliaments) That when the Speaker stands up, the Member standing up ought to sit down.  
27 April, 1604. Agreed for a Rule, That if any Question be upon a Bill, the Speaker is to explain, but not to sway the House with Argument or Dispute,  
June 4, 1604. Agreed for an Order, That whosoever hisseth or disturbeth any Man in his Speech, shall answer it at the Bar.  
7. Maii, 1607. Ordered upon the Question, That in going forth, no Man should stir until Mr. Speaker do arise and go before, and then all the rest to follow after him.   

CHAP. III. Standing Committees.  
IN Parliament there have usually been Five standing Committees appointed in the beginning of the Parliament, and remaining during all the Session; other Committees were made occasionally, and dissolved after the Business committed unto them was reported.  The standing Committees are for 

privileges and Elections.  
Religion.  
Grievances.  
Courts of Justice.  
Trade.   
The Committees for Religion, Grievances and Courts of Justice: are always Grand Committees of the House, which are to sit in the Afternoons upon such Days as the House doth appoint to them respectively.  
The Committee for Trade hath sometimes been a select Committee particularly name, and all such Members as should come to it, to have Voices, as in November, 1640. Sometimes a Grand Committee of the whole House, as 21 Jacobi.   

CHAP. IV. Power and proceedings of the Committee for privileges.  
BUt the Committee for privileges and Elections hath alway had the preceedence of all other Committees, being commonly the first Committee appointed, and ordinarily the first first day after, or the same day the Speaker did take his place.  
This Committee is constituted of particular Members name by the House.  
21 Jacobi. Upon naming a Committee for privileges and Elections, a Motion was made, That all that come should have Voices: but Sir Thomas Creu then Speaker( and well versed in Rules of Parliament) minded the House, That by the Orders of the House, that was not to be done; and by divers other Members, it was insisted on, to be contrary to all former Precedents; yet upon the Debate a Question was put, Whether all that should come should have voices at that Committee; and it passed in the Negative. And another Question being put, Whether the persons nominated only should be of that Committee; it was resolved in the Affirmative.  
It was then also agreed, That Council should be admitted at that Committee.  
The Power anciently given to this Committee, appears by the Entry in the Journal Book 26 Feb. 1600. in 39. Eliz. That this Committee should, during all that present sitting of Parliament, examine and make report of all such Cases touching the Elections and Returns of any the Knights, Citizens, Burgesses and Barons of the House. And also, of all such Cases for privileges, as in any wise may occur or fall out during all the same Session of Parliament; to the end, the House upon Report of the same Examinations, might proceed to such further Course in every the same Cases as shall be thought fit.  
And notice was given, That all the Members of the House might repair thither as there should be cause.  
This later Power touching privilege seems to have been inserted to prevent the Houses being troubled with Informations, until they were examined and ripe for a Determination.  
But in other Parliaments, both before and since, that Power doth not appear to have been given them so absolutely; but matters of privilege were, upon Information to the House, there heard, and not in a Committee, unless in some special Cases, wherein there was cause of Examination, or of some preparation of a Charge; as in Case of Smaley, 23 Eliz. and many other Cases.  
The Power of this Committee usually was, as it is entered 6 November, 1640. To examine and consider all Questions which shall grow and arise in that Parliament about Elections, Returns and other privileges. Or, as in the Parliament 1o Jacobi, thus: This Committee are to examine all matters questionable touching privileges and Returns, and to acquaint the House with their proceedings, from time to time, so, as Order may be taken according to the occasion, and agreeable to ancient Custom and Precedent.  
And to the end these Questions might be speedily determined: and the House might know their Members, Days are usually assigned, beyond which there shall be no questioning a former Election.  
So in the Parliament of 21 Jacobi, the second day of sitting, It was Ordered, That all Petitions about Elections and Returns should be preferred to the Committee of privileges within a Fortnight from that Day, or else to be silenced for that Session.  
16. April. 1640. Ordered, that those who would question Elections should do it within Ten days by Petition.  
6. Novemb. 1640. Ordered, That all such as will question Elections now returned, should do it in Fourteen days and so within 14 days after any new Return.  
Some questions have been, where there have been double Indentures returned for several persons for the same place, whether all or any, or which of them should sit.  
The general rule and practise hath been in such case, That neither one nor other should sit in the House, until it were either decided or Ordered by the House: Therefore in April 1640. the Lord High Steward, who had power by himself or his Deputies, to minister the Oaths of Supremacy and Allegiance to all Members returned, before they sat in the House, gave Order, That where there were more returned for any one place then ought to be, there should be none of them sworn till it were decided by the House who were duly Elected. But that which may satisfy herein, is the Order of the House in that Parliament, that if any sit in the House, that are returned by more Indentures then usual, they should withdraw till the Committee for privileges had further Ordered.  
In the Parliament begun April, 1640. and November, 1640. It was moved; That where some are returned by the Sheriff or such other Officer, as in Law hath power to Return, and others by private hands; there those returned by the Sheriff or such Officer, should sit till the Election be quashed by the House.  
But nothing was Ordered upon it.  
24 Feb. 1623. Sir Francis Popham being returned a Burgess for Chippenham by one Indenture, and another person returned for the same place by another Indenture: it was moved he might be admitted into the House till the matter were determined against him, and a precedent quoted in Sir Thomas Wentworths Case the last preceedent Parliament. But it was then insisted on by the Chancellor of the duchy and others, That this being a Case of a double Return, he was not to be admitted, and so it was referred to the Committee for privileges. His Case being reported 9. April, he was judged to be duly Elected.  
21. Jacobi, Two Indentures were returned for Southwark, the one returned Yarrow and Mingy, the other Yarrow and Bromfield; upon a Report from the Committee for Elections, it was resolved, That the Election and Return for Yarrow should stand good, and that he should fit in the House.  
22. Martii 21. Jacobi, The House was acquainted that Sir John Jackson and Sir Tho. beaumond were both returned for one Burgesses place for Pomfret; and therefore it was moved, That both might be suspended till it were determined; Mr. Glanvill made answer to that Motion, That he that was returned might sight in the House until it were determined; which being contradicted by others, and much Dispute on both sides, it was lastly urged by Sir Robert Phelips, That there was not any Precedent for it, and therefore moved the Committee might take the Election into Consideration tomorrow, and that in the mean time the parties might forbear to come into the House: which was Ordered accordingly.  
4 November. 1640. Upon a Report from the Committee for Privileges, That several Indentures were returned for Burgesses for the burrow of Bossinny in the County of Cornwal, the one by the mayor of the Town, the other promiscuously: The Committee were of opinion upon view of the bare Indenture, That Sir Charles harboured, who was returned by the mayor, was well returned; but the House declared he should not sit till the Election were decided.  
In the same parliament, two Returns were made for Marlo Magna, in both Indentures John Burlace Esq; was returned; therefore, upon Report from the Committee, he was admitted to sit, but the other to forbear till the question be determined.  
17. April. 19. Jacobi, It was Ordered, That no petition should be received by a Committee, but openly at the Committee, and red at the Committee before the party go that preferred it, and the parties name that preferred it be subscribed.  
In the parliament in 21 Jacobi, upon a Report made from the Committee for Elections and privileges, praying the direction of the House, whether Affidavits might be made use of at that Committee.  
These Reasons being insisted upon, that Affidavits should not be admitted.  
1. Because it makes the parliament lame without the Chancery.  
2. It entitled the Chancery to judge of Returns.  
3. Affidavits are oftentimes cautelously made by Council or parties.  
4. Witnesses produced Viva voice, by Words, Actions, Gestures, or the like, may discover much, whereby the Committee may judge.  
It was likewise informed by Sir Edward cook late Lord Chief Justice, That in the parliament when he was Speaker, which was 35 Eliz. Affidavits were not used, nor since, until of late.  
5. Though the Committee examine not an Oath, yet they may punish any that shall testify untruly: of which an instance was given in the last preceding parliament in the Case of one Damport; It was Resolved, That all Affidavits to be taken in any Court concerning Elections, Returns, or any thing depending thereupon, should be rejected, and not hereafter to be Used.   

CHAP. V. Member chosen in several Places.  
IT falling out ordinarily, that one Person is chosen and returned to serve for several places, it is in his Election to make his choice in the House in his own person for what place he will serve, and wave the other Elections so as a writ may go out for a new Election for such place waved, that the number may be full; but if he shall not do it by the time which the House shall appoint, then it hath been said, the House will appoint for what place such person shall continue a Member, and that Writs may go out for the other places: but Quaere whether it hath been done.  
Oftentimes on the First day of the meeting of the House, as soon as the Speaker hath been approved, and sometimes before, such Persons as have been so doubtly returned have made their choice.  
In the first Session of Parliament 1. Jacobi, the same day Sir Edward Phelips was chosen Speaker( before he was presented to the King) he signed a Warrant as Speaker, by command of the House, for Election of another Person in the place of Sir Francis Bacon being chosen in two places. And in the same Session, the same day after the Speaker had taken his place, divers Members who were severally returned, as elected in several places, made their choice for what places, they would stand, and new Writs ordered.  
The Parliament beginning the 13. April 1640. and the Speaker being presented the 15th, upon the 16th day divers made their choice upon such double Returns.  
The Parliament beginning the 3. Novemb. 1640. Upon a long debate for granting time for Elections on double Returns of this nature, it was resolved That all such as are doubly returned shall make their choice for which place they will serve on Monday next.  
9 Martii, 21, Jacobi, Resolved, That all Members of this House doubly returned, shall make their Election for which they will serve, and that those in the House shall do it presently, or else new Writs to issue for both.   

CHAP. VI. New Writs for vacant Places.  
A General Order hath usually been made in the beginning of the Session, to authorize the Speaker to give Warrant for new Writs, in case of Death of any Member, or of double Returns. where the party makes his choice openly in the House during that Session; so it was Ordered in the beginning of the Parliaments 18. and 21. Jacobi.  
Where such general Order is not made, Writs have issued by Warrant of the Speaker, by virtue of special Order, upon Motion in the House.  
This Warrant is to be directed to the Clerk of the Crown in Chancery, by Order of Parliament 13. Novemb. 1601.   

CHAP. VII. Rules and Methods of Debates in the House.  
WHen a Motion hath been made, the same may not be put to the Question until it be Debated, or at least have been seconded and prosecuted by one or more persons standing up in their places as aforesaid, and then the same may be put to the Question, if the Question be called for by the House, or their general sense be known, which the Speaker is to demand, unless any Member stand up to speak.  
When a Motion hath been made, that Matter must receive a determination by a Question, or be laid aside by the general sense of the House before another be entertained. An instance is in the Journal 28. June 1604. A Motion being made, another interposed a Speech tending to another Business: but it was answered, That there was no Precedent for that Speech to be used before the other Motion, which was made before bad received an Answer and an end. And the House did accordingly determine the first Motion in the first place.  
4 Decemb. 1640. Ordered, That till the Businoss in ag●tation be ended, no new Motion of any new Matter shall be made without leave of the House.  
If the Matter moved do receive a Debate pro & contra, in that Debate none may spake more than once to the Matter, And after time spent in the Debate the Speaker collecting the Sense of the House upon the Debate, is to reduce the same into a Question, which he is to propound; to the end, the House in their Debate afterwards may be kept to the Matter of that Question, if the same be approved by the House to contain the substance of the former Debate.  
After such Question is propounded, any Member may offer his Reasons against that Question in whole or in part, which may be laid aside by a general consent of the House without a Question put.  
But without such general consent no part of the Question propounded may be laid aside or omitted; and although the general Debates run against it, yet if any Member, before the Question be put wi 'bout that part, stand up and desire that such Words or Clause may stand in the Question, before the main Question is put; a Question is to be put, whether those words or such Clause shall stand in the Question.  
The like Method is observed where any other Alteration is Debated upon, to be made in a Question propounded; but upon putting a Question for such Addition, Alteration or Omission, any person who hath formerly spoken to the Matter of the Question, may speak again to show his Reasons for, or against such Alteration, Addition or Omission, before such Question be put.  
When the Speaker( the House calling for a Question) is putting the same, any Member that hath not before spoken to the Matter, may stand up before the Negative be put.  
13. junii 1604. A Bill touching a Subsidy of Tonnage and Poundage having been formerly upon a third Reading recommitted, was returned, and a Proviso being tendered for Chester, which was twice red, the Question was put for Commitment in the Affirmative: but before the Negative was put, one stood up and spake to it, which was admitted for Orderly, because it is no full Question without the Negative part be put as well as the Affirmative.  
Every Question is to be put first in the Affirmative: viz. As many as are of opinion that( repeating the Words of the Question) say Yea. And then the Negative thus: As many as are of another opinion say No. To which Question every Member ought to give his Vote one way or other, & the Speaker is to declare his opinion whether the Yea's or the No's have it, which is to stand as the judgement of the House. But if any Member before any new Motion made, shall stand up and declare, That he doth believe the Yea's and No's( as the Cast shall be) have it contrary to the Speaker's Opinion, then the Speaker is to give direction for the House to Divide, declaring whether the Yea's or the No's are to go forth.  
Upon the dividing of the House, those are to go forth who are for varying from or against the constant Orders of the House( as that a Question shall not be put, or not be now put, it being the course of the House, that after a Debate the same should be determined by a Question or the like) or against any positive Order made by the House, or for the passing any new thing, as reading a Petition or Bill, and Committing, engrossing or Passing such a Bill, or the like.  
10 Decemb. 1640. an Order being made the 9. day That the House should be resolved into a Grand Committee the next day, for Debating the way for Raissing Money: Upon the 10. day a Question was upon Debate put, whether the House should be resolved into a Grand Committee; upon which the House was divided, and a Doubt moved which were to go forth. It was declared for a constant Rule, Those that give their Votes for Preservation of the Orders of the House, should stay in; and those who give their Votes otherwise, to the Introducing any new Matter, or for any Alteration should go forth.  
24. Martii, 21. Jacobi. Upon a Report from the Committee for privileges, a Question was put, That Sir Tho. Holland and Sir John Corbet were well Elected Knights for Norfolk; The House was divided, and a Contest which should go forth; It was over-ruled by the House the No's should go forth.  
Which is also the course upon any Question to agree with a Report in favour of the Opinion of a Committee.  
Upon dividing the House, the Speaker is to nominate two of those that are in the Affirmative, and two of the Negatives, to count the House; which four( each of them having a Staff in his hand) are to count the number of the Persons who remain sitting in the House, and then to stand within the Door, two on the one side and two on the other, and to count the number of them who went forth as they come in.  
While the House is thus divided or dividing, no Member may speak, nor( unless it be to go forth upon the Division) remove out of his place.  
When the House is thus  told, those two of the Tellers who are of the number of those who have the mayor Votes, standing on the right hand, and the two others on the left at the Bar( the rest being all set in their places) are to come from thence up to the Table together,( making the usual obeisance to the House three times; once at the Bar, again in the middle of the House, and again when they are come to the Table) And that person who stands on the right hand, is to declare to the Speaker the number of the Yeu's( who sate or went out as the Case is) and of the No's: and then with like reverence to depart into their places; after which, Mr. Speaker is to report the same to the House.  
If the Affirmatives have the mayor Votes by the judgement of the Speaker, or( in case of division) upon the division, the Clerks is to enter the Vote, Resolved. If the Negatives, then he is to enter it thus; The question being put( setting down the Words of the question) It passed in the Negative.  
Upon the division, if the Members appear to be equal, then the Speaker is to declare his Vote, whether he be a Yea or a No, which in this Case is the casting Voice; but in other Cases, the Speaker gives no Vote.  
1. Maii, 1606. A question was moved, whether a Man saying Yea, might afterwards sit and change his Opinion; and a Precedent was remembered by Mr. Speaker( Sir Edward Phelips) of Mr. Morris Attorney of the Wards, in 39 Eliz. that in like Case changed his Opinion.  
If upon a Debate it be much controverted, and much be said against the question, any Member may move, That the question may be first made, whether that question shall be put, or whether it shall be now put; which usually is admitted at the instance of any Member, especially if it be seconded and insisted on; and if that question being put, it pass in the Affirmative, then the main question is to be put immediately, and no man may speak any thing further to it, either to add or alter: But before the question, whether the question shall be put, any person who hath not formerly spoken to the main question, hath liberty to speak for it, or against it; because else he shall be precluded from speaking at all to it.  
If in a Debate there arise more questions then one, and it be controverted which question should be first put; the question first moved and seconded is regularly to be first put, unless it be laid aside by general consent If the first Question be insisted upon to be put, and the mayor part seem against it, the Question is to be, Whether that Question shall be now put: if that pass in the Negative, then the other Question may be put, if desired: nevertheless, any person may speak to it again before it be put. If in the Affirmative then it is to be put without any addition or alteration, as before: And after that Question is put, if any Member move to have the other Question put, every one hath leave to speak to it again as if it were a new Question.  
If a Matter be received into Debate, and a Question grow, whether the House shall proceed in that Debate at this time, and it fall out that the House be divided, in such Case the No's are to go forth, it being contrary to the course of the House, that any business should be laid aside till it be determined by a Question; If the Question be for an adjournment of a Debate, the Yea's are to go forth upon the same reason.  
After a Question is propounded, no man may speak more than once to the Matter; but having spoken to the Matter, when the Question comes to be put, he may speak to the Manner or Words of the Question, keeping himself to that only, & not ravelling into the Merits of it.  
If a Question upon a Debate contain more parts then one, and Members seem to be for one part, and not for the other, it may be moved that the same may be divided into two or more Questions: as 2 Decemb. 1640. The Debate having been, whether the Election of two Knights for the County of Warwick were voided; a Question was put, whether it should be two Questions: and that being Resolved in the Affirmative, the Questions were put severally, upon the Election of the one first and then of the other.  
No Member in his Discourse in the House may mention the name of any other Member then present, but to describe him by his Title or Addition; as, that Noble Lord, Worthy Knight; or by his Office, as, Judge, Serj●ant, Gentleman of the long or short rob, or by his Place, as the Gentlemen near the Chair, near the Bar, on the other side; or thus, the Gentleman that spake last; or last save one, or the like.  
During any Debate, any Member though he have spoken to the Matter, may rise up and speak to the Orders of the House, if they be transgressed, in case the Speaker do not; but if the Speaker stands up, he is first to be heard, and when he stands up, the other must sit down till the Speaker sit down. But if any person rise up to speak to the Orders of the House in the midst of a Debate, he must keep within that Line, and not fall into the Matter itself; if he do, he may be taken down by the Speaker, or any other Member, calling to the Orders of the House.  
Whiles a Member is Speaking to a Debate or Question he is to be heard out and not taken down, unless by Mr. Speaker, in such Cases as you find therein expressed, or that he speak of such Matter as the House doth not think fit to admit.  
24 Januar. 23. Eliz. Upon a Debate in the House, Mr. Carleton, endeavouring to speak contrary to the Sense of the House, was interrupted; and afterwards offering to speak again, saying with some repetition, That it was for the liberty of the House, the Speaker and the House did stay him.  
April. 1604. Agreed for a Rule of the House, He that digresseth from the Matter to fall upon the Person, ought to be suppressed by the Speaker.  
17. April 1604. Agreed for a general Rule, If any superfluous Motion or tedious Speech be offered in the House, the party is to be directed and ordered by the Speaker.  
2. Maii. 1610. A Member speaking, and his Speech seeming impertinent, and there being much Hissing and Spitting; It was conceived for a Rule, That Mr. Speaker may stay impertinent Speeches.  
18. Maii. 1604. It was Resolved, That eight engrossed Bills should be red the next day half an hour after eight: The next day about that time, a Member entering into a long discourse De mera fide & sola fide, &c. was interrupted, and the Question offered, whether he should go on in respect of the Order. But it was agreed for a Rule, If any may speak not to the Matter in Question, the Speaker is to moderate.  
14. April, 1604. In a Matter formerly proposed, touching the abuse of the Purveyors, it was argued, Whether it were fittest to proceed by way of Petition to the King or by Bill: which was spoken to by Mr. martin, Mr. Hoskins and others, and lastly by Sir Henry Jenkin, who was observed to mistake the Question; and therefore( to prevent the idle expense of time) was interrupted by Mr. Speaker, and thereupon a Rule conceived, That if any Man speak impertinently or besides the Question in hand, it stands with the Orders of the House for Mr. Speaker to interrupt him, and to know the pleasure of the House, whether they will further hear them  
A Matter upon Debate having been once ●inally determined by a Question, ought not to be again brought into dispute.  
27. Martii. 1604. Sir Edward Cok● Attorney-General, and Doctor Hone bring a Message from the Lords, desiring a Conference about the Case of Sir Francis goodwin: Upon this Message it was argued, That now the judgement having passed the House, it could not, nor ought to be reversed by them; and upon the Question it was Resolved, There should be no Conference.  
In sapientum decretis non est litura.  
2. April. 1604. A Vote having passed some days past, That no Conference should be admitted with the Lords, the same Question was again moved, but was carried in the Negative; And it was then urged for a Rule, That a Question being once made and carried in the Affirmative or Negative cannot be questioned again, but must stand as the Judgement of the House.  
In the Answer of the Commons House of Parliament to King James his Objections in Sir Francis Goodwyn's Case, 3 April 1604. The Objection being, that they refuse Conference with the Lords.  
The Answer is in these words, Concerning our Refusing Conference with the Lords, there was none desired until after our Sentence passed; and then we thought that in a matter private to our own House, which by Rules of Order might not be by us revoked, we might without any imputation refuse to confer.   

CHAP. VIII. Grand Committees, and their manner of Proceedings.  
A Grand Committee consists of as many Members, at least, as constitute the House( less may not sit or act as a Committee) who have general Powers to consider of any Matters touching the subject Matter referred, and to present their Opinions therein to the House, the better to prepare Matters of that nature, or Bills therein, for the House; which may better be prepared, by the liberty that every Member hath in a Grand Committee, as well as in other Committees, to speak more then once to the same Business( if there because) which is not permitted in the House.  
But Grand Committees have their Powers and Rules, in other Circumstances, given them in express words by the House; as, to sand for Witnesses, to hear Council, or assign them on either part, to sand for Records; which appears by several Motions made in the Parliament 21. Jacobi. Sir Robert Phelips( a person of much Experience in the Course and Orders of Parliament) moved the House from the Grand Committee for Courts of Justice, that they might have Power in the particulars aforesaid.  
8. Martii. and 13. Martii in the same Parliament, upon Report from the Committee aforesaid,( which then was a Grand Committee) the House was moved for their Order to the Merchant Adventurers to bring in their Patents, and that the Inventor of the pntermitted Customs should attend the Committee.  
15. Maij. 22. Jacobi, Upon complaint from the Grand Committee for Grievances, that they had sent several Warrants for divers Persons to bring in their Patents, which they had not done; The House Ordered the sergeant at Arms to be sent for them.  
When any great business is in agitation that requires much Debate, or a Bill for a public Tax is to be Committed, the House doth use to resolve itself into a Grand Committee of the whole House; which is done by a question, and then the Speaker leaves his Chair: and thereupon the committee( which must consist of as great a Number as Constitutes a House, as is before declared) makes choice of a chairman, in which case, if more then one be generally called to the Chair, any Member may stand up, and by consent of the Committee, put a question for one of those name to be the chairman.  
19 Jacobi, A dispute being in the Committee, which of two Members name should go to the Chair, the Speaker was called to his Chair, and put the question, That Sir Edward cook( who was one of the persons name) should take the Chair, and then the Speaker left his Chair.  
The chairman of the Grand-Committee is to sit in the Clerks place at the Table, and to writ the Votes of the Committee.  
If upon putting a question, the chairman( who is to judge by the Voices) have delivered his Opinion that the Yea's have it, and any Member stand up and say, He believes the No's have it,( or contrariwise) the Committee is to divide within the House; the chairman directing the Yea's to go that side of the House, that is on the one hand, and the No's to the other side, and then he is to appoint one of each to count the numbers and report them; which is to be done in the same order as in the House, saving that the obeisance is only twice in the Committee, thrice in the House. If the numbers be equal, the Chairmen hath a casting voice, otherwise he hath no voice in the Committee.  
When the Committee hath gone through the Matter referred to them the chairman having red all the Votes, is to put the Question, that the same be reported ●he House: if that be resolved, He is to leave the Chair, and the Speaker being again called to the Chair,( or at the next Sitting of the House if it be then adjourned) the chairman is to report what hath been resolved at the Committee, standing in his usual place, from whence( if it be not in the seat next the Floor) he is to go down to the Bar, & so to bring up his Report to the Table.  
If the Committee cannot perfect the business at that Sitting, they may not adjourn as other Committees; but a Question is to be made for Reporting to the House, and that leave be asked, that the Committee may sit at another time on that Business.  
But if, as some times it falls out, the Matter hath received a full debate in the Committee, and it is judged fit to be resolved in the House, the Speaker is again called to the Chair for that purpose.  
In other things then as aforesaid, the Rules of Proceedings are to be the same as are in the House.  
4. Junii, 1607. Agreed for a Rule.  
1. Every Question upon the voices of a Committee bindeth, and cannot be altered by themselves.  
2. Every thing directed and agreed to be Reported, ought to be accordingly Reported; but not every thing spoken or debated at a Committee.  
28. July, 1641. Declared by the House, that no Committee ought by Vote to determine the Right or Property of the Subject, without first acquainting the House therewith.  
6. Aug. 1641. Resolved, That no Vote past at a Committee, and not Reported nor confirmed by the House shall be any Rule, or Direction for any Court of Justice in Westminister-Hall to ground any Proceedings thereon.   

CHAP. IX. In what Cases Members are to withdraw.  
180 jacobi, Upon the Report from the Committee for privileges, touching Election for Gatton, Sir Henry britain being concerned, and offering to speak in his own Case; it was resolved upon long Debate, he should be heard to inform the House, and then go forth.  
21 Jacobi, A Bill which concerned the Master and Fellows of Magdalen college in Cambridge, being red the second time, and in Debate, It was removed, that Dr. Gooch Master of Magdalen college( who served for the University) and so a party ought to withdraw; It was resolved, He may first speak, and then wi●hdraw.  
June 1604. A Bill for establishment of divers manors, &c. of the late Duke of Somerset, being offered to the question of Commitment; it was moved, That Mr. Seymour, a Member of the House and party to the Bill, might go forth during the Debate; which was conceived to be agreeable to former Orders and Precedents in like Cases, and was so Ordered, and Mr. Jeymour went presently forth of doors.  
When any Complaint is made against a Member, or Exceptions taken to any thing spoken by him( after he hath been heard to explain himself, if he desire, or the House command it, which is usually done by him standing in his place) if the House be not satisfied, but fall in Debate thereof, such Member is to withdraw; as in the several Cases of Doctor Parry, the Chancellor of the duchy, and others appears.   

CHAP. X. Censures of Members for Offensive Words or Misbehavior.  
THough freedom of Speech and Debates be another undoubted privilege of the House: yet whatsoever is spoken in the House, is subject to the censure of the House: and where they find cause( as, In licitis facile fines transgredimur) offences of this kind have been severely punished, by calling the person to the Bar, to make submission; committed him to the Tower,( being the usual Prison to which the Commons did commit Delinquents) expelling the House; disabling him to be a Member during that Parliament, and sometimes of any future Parliament.  
The Entries in the Journal I find to be as followeth:  
17. May, 1572. Upon sundry Motions made by divers Members of the House, it was Ordered, That Ar●hur Hall Esq; for sundry Speeches used by him in the House and abroad, should be warned by the sergeant to be at the House on Monday following, and at the Bar, to answer Matters charged against him; and all such persons as had noted his Words, either in tho House or abroad, were forthwith to meet, and set down the same Words in writing, and deliver the same to the Speaker.  
On Monday following, Mr. Hall was brought to the Bar by the sergeant, was charged with several Articles, and confessed his folly; and humbly submitted himself to the House, and was remitted.  
8. Feb. 1575. P. W. Esq; one of the Burgesses of Tregony in the County of cornwall, was, for unreverend and undutiful Words uttered by him in the House, touching the Queen, sequestered; that the House might proceed to conference and consideration of his said Speech: upon Debate whereof he was committed to the Serjeants Ward, as prisoner, and so remaining, should be examined upon his said Speech, for extenuating his fault therein.  
The next day a Report was made of his examination and confession of the words; he was brought to the Bar by the sergeant, received this judgement by the mouth of Mr. Speaker.  
That he should be committed close prisoner to the Tower, till the House should take further consideration concerning him.  
4 Febr. 1580. Being the third Session of the Fourth Parliament of Queen Elilabeth 23 Year of her Reign, complaint was made in the House against Arthur Hall Esq; before name, who had caused a Book to be printed, wherein was published the Confercnces of the House; and in it was contained matter of Reproach against some particular Members of the House, derogatory to the general Authority, Power, and State of the House, and prejudicial to the validity of the proceeding of the same. The matter was referred to a Committee to examine, and upon Report thereof, and bringing the said Mr. Hall to the Bar several times to Answer; he was sentenced by the House to be committed to the Tower,( as the prison proper to this House) there to remain for the space of six months, and so much longer, as until he should himself willingly make a Retractation of the said Book, to the satisfaction of the House, or of such Order as the House should make during that Session.  
That the said Arthur Hall should be fined to the Queen Five hundred pounds for his said Offence.  
That he should be presently severed and cut off from being a Member of this House during this Parliament, and a Writ to Issue for Election of a new Burgess, for the borough of Grantham in his stead.  
That the said Book should be deemed and adjudged false and erroneous.  
Thereupon, the said Mr. Hall was brought to the Bar, unto whom Mr. Speaker, in the name of the whole House pronounced the said Judgement, in form aforesaid; and the sergeant was commanded to take the charge of him, and to convey him to the Tower, and deliver him to the Lieutenant of the Tower, by Warrant of this House to be signed by the Speaker.  
18 March, 1580. He having continued prisoner in the Tower without any Retractation, the House appointed a Committee to allow the said Retractation, and to Report it to the House at the next Session.  
It appeareth by the Journal 21 November, 1586. That he was disabled for ever to serve in Parliament.  
17. December, 1584. A Bill against Jesuits and Seminary Priests passed upon the Question: Dr. P●arry only gave a Negative, and after Inveighed in violent Speeches against the whole Bill. Upon which he was sequestered from the House into the outer-room, into the hands of the sergeant, and not to confer with any while the House was in Debate of that business. After wards he was brought to the Bar, and there kneeling was  told by the Speaker, if he thought fit the House was content to hear his Reasons; but he refusing was committed to the Serjeants Ward.  
The next day he was brought to the Bar, and kneeling, confessed he had undutifully behaved himself; and rashly and unadvisedly utterred those Speeches he had used; and was with all his heart, very sorry for it: alleging withal he had never been of the House till that Session, and so could not so well know the Orders of the House as he should do; and that he would not henceforth willingly offend the House, nor any one man in it; and so humbly prayed for their good favour toward him. Whereupon, being again sequestered out of the House, after some Arguments and Debates, it was Resolved, upon this acknowledgement of his fault, and his humble submission he should be received into the House again, as a Member thereof, and take his place as before, so that he would still afterwards behave himself in good sort as he ought to do: and thereupon being called again to the Bar, and there kneeling, directly reiterating his former Confession of his fault, and humble submission, with promises of better demeanour, he was admitted.  
13. Feb. 1606. Uponn a Report made in the House, of the Remembrances formerly set down of the particulars of a Conference, the Speaker offering to red the Paper, and being interrupted by some Motions and Disputes, whether they should be red one by one and so Debated. or all at once: In that difference, one of the Knights for Buckingham-shire, with a loud voice( not standing up bare-headed as the Order is) pressed to have them red. The House observing his earnestness, and manner of sitting and Calling, for Orders-sake urged him to stand up and speak. He stood up, and pretending to offer some Reasons, fell into an Invective against the Scots, much distasting the House; yet out of a common care to expedit the Weighty Business then in hand, his Speech was neglected without Tax of Censure.  
But on Monday following it was remembered, and his Words of offence recited in particular, the Gentleman being absent, was sent for by the sergeant.  
Touching the manner of Proceeding in this Case, many Motions and Questions were Moved. As, 1. Whether to name a Committee to consider wherewith to charge him. 2. Whether to censure him upon their own knowledge, without other Circumstances, the fault being apparent. 3. Whether to charge him in general, or with the particular Words. Much was said upon these Questions pro and contra, and the Precedents of Parry and Throckmorton remembered wherein for words spoken in the House, the Proceedings was by the House, and not by Committee; the Offences generally charged, and punished, and the Words put in Oblivion: and so in this Case, the judgement and Proceeding resolved to be accordingly.  
The sergeant having brought the Offender; it was moved he might be heard at the Bar, which was assented unto; and after he had spoken, he was Commanded to retire; and not long after, was called in again, to the Bar, where kneeling, Mr. Speaker acquainted him, since the Offence was so apparently heinous, the House did not hold it fit, that any particulars should be name, or to give any reason of their judgement; but the Order was, He would be carried to the prison of the Tower, and there remain during the pleasure of the House: & that he should be dismissed from his place of Knight of the Shire ●or Bucks, and a new Writ to issue for a new choice.  
15. Febr. 18. Jacobi. A Bill being red the second time for the better observation of the Sabbath: one of the Members made an Invective against it, and something which seemed to reflect on a Member of the House, who presented it, as savouring of a Puritan and a Factious spirit. Exceptions were taken at the Words. After he had explained himself, he was Ordered to withdraw out of the House; and a Debate being had, he was called to the Bar, and upon his knees, he received the Judgement of the House, pronounced by the Speaker. That he should be discharged from the service of the House; with an Intimation, that his Judgement was very merciful, for that the House might for so exorbitant an Offence, have Imprisoned and further punished him.  
3. April. 1604. In a Debate upon a Bill, a Member of the House uttered some Speeches highly distasting the House: but no notice was taken of it till the Bill was committed, & then the Words being repeated, he was called to the Bar, where he made his excuse, & was pardonned.  
26. April. 1641. Great Offence was taken by the House at words spoken by Mr. J. H. He was first heard to to explain himself, and then commanded to withdraw, and was called to the Bar and suspended the House during that Session of Parliament.  
27. May, 1631. A Paper was brought in containing words spoken by Mr. tailor a Member of the House concerning the passing the Bill of Attainder of the Earl of Strafford: who being heard to explain himself, and then commanded to withdraw; after some Debate in the House, it was resolved, That he should be expelled the House; be made uncaple of ever being a Member of this House; and should ●orthwith be Committed prisoner to the Tower, there to remain during the pleasure of the House; and should make an acknowledgement of his Offence, both at the Bar and at Windsor publicly. And he was called to the Bar, and there kneeling, Mr. Speaker pronounced the Sentence accordingly.  
Of later times it hath been observed, as most conducing to the Service of the House, that if in Debate words be let fall that give offence, exceptions should be taken the same day, and before such Member go out of the House; or he who is offended may move, that such person may not go out of the House until he hath given satisfaction in what was by him spoken. And in such Case, after the present Debate is over, the words must be repeated by the Persons excepting; And in Case he desire, or the House command him, he is to explain himself, standing in his place, which if he refuse to do, or the House be not satisfied with such explanation, then he is to withdraw: But neither is this to interrupt the present business of the House, as in the Cases beforementioned; or if be omitted that day, hath it been recalled afterwards to avoid mistakes, and out of a willingness rather to pass by, then take occasion of offence.  
13. May, 12. Jacobi. Upon report of the Amendment to the Bill for the due Observation of the Sabbath day, complaint was made the same Indignity was offered to Sr. R. own, when he was in the Chair at the Committee, by Sir W. H. that  told him he was Partial; and by Sir R. K. who took him by the hand, and  told him, he would pull him out of the Chair, that he should put no more tricks upon the House.  
Sir W. H. being present, made an acknowledgement of his Error, which upon the Question was taken for a good satisfaction.  
Sir R. K. was Ordered by the House to aclowledge his Error at the Bar.  
19 Jacobi, Some Speeches passing in the House privately between two of the Members, and some offence taken, which seems was not intended to be given; one of them in going down the Parliament stairs struck the other; who thereupon catched at a sword then in his mans hand to strike with it. Upon complaint made of it to the House, they were both of them ordered to attend the House. Being come, he who gave the blow was called in, and standing( not at the Bar, but) by the Bar, was examined by Mr. Speaker; confessed the giving the blow, insisted on the provocation, and withdrew. The other was also called in, to relate the truth. After he had made the relation, and was likewise withdrawn, & testimony given by a Member of the House who heard the words the House proceeded to Sentence against Mr. C. who struck the blow: he being brought to the Bar, there on his knees he receved Judgement, which was pronounced by the Seaker That he should be committed to the Tower during the pleasure of the House.   

CHAP. XI. Calling the House.  
THere are two ends of Calling the House.  
1. To discover whether any were in the House, who are not returned by the Clerk of the Crown in Chancery; it having been accounted a great Crime, and severely punished.  
5. Martii. 1557. In the Parliament held 4 & 5 Phil. & Mariae, I find this Entry.  
For that Christopher Perne affirmed, that he is returned a Burgess for Plimpton, in Devon, and hath brought no Warrant thereof to the House, nor is returned hither by the Clerk of the Crown, by Book or Warrant; he is awarded to be in the custody of the sergeant, till the House have farther considered.  
It appears by that Book afterwards, that he was chosen a Burgess, and admitted.  
2. January, 1562. In the second Parliament of Queen Elizabeth, For that it seemed to the House, being very full, that there were a greater number then was returned; therefore the Names were immediately called over and as they were called, departed out of the House.  
7 Febr. 1588. The House was called, and every one answered to his name, and departed out of the House as they were called.  
2 But chiefly the Calling the House, is to discover what Members are absent without leave of the House, or just cause; in which case, Fines have been imposed. And on this occasion, if the House be called, the manner hath been to call over the Names, and each Member to stand up at the mention of his name, uncovering his head. Such as are present are marked, and the Defaulters called over again the same day, sometimes the day after, sometimes summoned, sometimes sent for by the sergeant.  
19. June, 1607. The House was called by the General Book of Names, in order as they were set down by the Clerk of the Crown at the beginning of the Parliament( so it is there entred) The Clerk called every one by his name; the person called, if present, riseth up bare-headed and answereth; if absent, he is either excused, and so entred, viz.  either 

Licentiatur per speciale servitium.  
Excusatur ex gratia.  
Aegrotat.   
If none excuse him, he is entred, Dificit.  
That no Person may sit in the House until he be so retarned as aforesaid, appears by several Instances of Persons who were not Members; and for coming into the House, were brought to the Bar, and some committed; and some sworn before they departed, to keep secret what they had heard there.   

CHAP. XII. Petitions in Parliament.  
PEtitions are usually presented by Members of the same Country; if they be concerning private Persons, they are to be subscribed, and the Persons presenting them, called into the Bar to avow the substance of the Petition, especially if it be a Complaint against any.  
So 18. November, 1640. One Vivers presented a Petition in the name of the mayor, Aldermen, Burgesses and other Inhabitants of Bambury, was called in, and did aclowledge the hand to the Petition to be his; and that he did deliver it by order, and on behalf of the Town of Bambury, and thereupon it was committed.  
The like, in the same Parliament, upon reading the Petition of one Ward of Salop: And likewise on reading the Petition of Henry Hoogan.   

CHAP. XIII. privilege of Parliament.  
IT is often mentioned in the Journals upon Debates, That privilege was due eundo, mor●ndo, redeund●, for the Persons of Members, and their necessary Servants; and in some cases for their Goods and Estates also during that time.  
Some question hath been touching the time in which the privilege is to be allowed, and the manner how it is to be obtained.  
For the first, the Precedents are very numerous for allowing privilege during the Session.  
1. For their own persons, They have been privileged from Suits, Arrests, Imprisonments, attendants on trials, serving in Juries, and the like; yea, from being Summoned or called to attend upon any svit in other Courts by Subpoena served on them. To begin with the latter.  

Subpoena.  
In the Parliament 4. & 5 Phil. & Mariae, 29. January, 1557. Thomas Enny's Burgess for the Borough of Tusk complained that a Supoena was delivered him to appear in Chancery, and required the privilege of the House; whereupon Sir Clement Higham and Mr. Recorder of London were sent to the L. Chancellor to revoke the Process.  
And albeit an Entry is made in the Journal 10 Februarii, 1584. 26. Elizabeth, that upon Motion made touching the Opinion of the House for privilege, in case of a Subpoena served out of the Chancery upon Mr. Richard Cook a Member of the House: It was Ordered that the Recorder of London, and two other Members of the House attended by the sergeant, should repair presently in the name of the whole House into the body of the Court of Chancery, and there to signify to the Lord Chancellor and master of the Rolls, That by the ancient Liberties of this House, the Members of the same are privileged from being served with Subpaena's: and to require withal, not only the discharge of Mr. Cook's Appearance, but from thenceforth to grant privilege for other Members, upon the request of the House signified under the Speaker's hand: which Mr. Recorder and the rest did accordingly. But they return this Answer, That the Lord Chancellor  told them, he knew no such privilege touching Subpoena's, and would not allow it, unless the House did prove it had been allowed also in that Court of Chancery: whereupon Precedents were directed to be viewed; but within few days after the Parliament ended.  
Yet the practise in succeeding times declares the privilege, as appears by the Instance following( which was the next Year after) and these that follow, with the multitude more which might be mentioned.  
27 Eliz. One Kirle having caused a Subpoena out of the Star-Chamber to be served on a Member of the Commons House; & for want of appearance, taken out an Attachmen●, & enforced the payment of money to discharge the same; the said Kirle was Committed till he had paid cost to the Person served, and made a submission to the House on his knees at the Bar.  
15. Maii 1604. A Subpoena out of the Chancery to appear, was served on the Person of Sir Robert Needham Knight, a Member of Parliament; upon Complaint thereof, the sergeant was sent to Attach the body of him who served the Subpoena.  
7. Maii. 1607. The sergeant was sent for Edward Throckmorton, for serving a Subpoena on Sir Oliver cromwell,  
14. Maii, 19 ●acobi, Upon Complaint of the service of a Subpoena on a Member of this House, Sir Edward cook vouchsafe a Precedent; 10 Edvardi 3. That a Subpoena being served on the Clerk of this House, the party was Committed for breaking the privilege of this House.  
4. Maii, 1607. A Subpoena out of the Exchequer being served on Sir R. Pawlet a Member of the House; the House thought fit to grant privilege, and that the same course should be taken as in other the like cases are usual: viz. The sergeant by his Mace to Attach the Parties Delinquent, and to bring them to the Bar, to receive the judgement of the House, and Mr. Speaker the next day wrote a Letter to the Lord Chief Baron that no further process do issue against the said Sir R. Pawlet.  
3 Decemb. 19 Jacobi, Upon occasion of a Subpoena served on Mr. Breeriton, it was agreed by the whole House that the serving of a Subpoena upon a Member of this House, knowing him to be a Parliament Man, is a breach of privilege, and Napper who served the Subpoena was Committed.   

Arrest.  
33 Eliz. The Sheriffs of London were fined by the Commons, and sent to the Tower, for not delivering a Burgess arrested for Debt, sitting the Parliament.  
6. April, 1593. The sergeant at the Mace, who arrested Mr. Neal, a Member of this House, upon an Execution; as also Weblin, at whose svit he was arrested, contrary to the privilege of this House, were this day brought to the Bar, and were both committed Prisoners to the Tower; and the sergeant at Arms attending this House, was ordered to deliver them over to the Lieutenant of the Tower.   

Utlary.  
13. May, 1607. Nicholas Allen an Attorney, and Palmer, at whose svit Mr. Martin, a Member of this House, was outlawed, were ordered to be sent for by the sergeant, and brought to the Bar to answer their Contempt.   

Attachment.  
In the same Parliament, there being complaint, that an Attachment was taken forth against Mr. Belingham, a Member of this House, out of the Court of Chancery, for a Contempt; the House ordered to have privilege, and a Letter was ordered to be sent to Mr. Evelin, one of the six Clerks, to stay the svit.   

Issues.  
A Writ of Petition being issued out, a Writ was directed to the Sheriff, to levy xx. I. Issues upon Sir Robert Oxenbridge, for Non-appearance; the same was complained of, and the House granted privilege, with this, That if the Issues were not discharged before the next day at night, the parties Delinquent were the day after to be brought to the Bar by the sergeant.   

trials.  
14. May, 1576. Sir Edward Montague, a Member of the House, was warned to attend a trial in London, which was to be had against him; and was by Order of the House privileged; and the party that gave the warning, was summoned to appear at the Bar the next morning.  
21. Feb. 1588. Upon Motion made by divers Members of the House, having Writs of Nisi prius brought against them, that Writs of Supersedeas might be awarded, in respect of the privilege of this House, due to the Members: It was Ordered, That those Members of the House, who have occasion of such privilege, should declare their Case to the Speaker, who shall thereupon direct the Warrant of this House to the Lord chancellor for awarding such Writ of Supersedeas.  
3 Martii. 18 Jacobi, Upon a Report from a Committee appointed to consider of a way of staying trials against Members of the House; That by several Precedents, the Custom appeared to be in such Cases, That on Motions and Orders in the House, Letters were written to the Justices of Assize for stay of trials against Members of the House; which Letters were entred in the Journal Book, and that it belongeth to the Clerk to writ the same. It was thereupon resolved, That the former course of writing Letters to the Justices of Assize, should be held according to former Precedents.  
10 Junii, 1607. Sir Robert Johnson a Member of the House moved for a Letter to stay a trial against him in the Exchequer, which was granted, as appeareth by the Entry on the 13th day, when a Petition of Sir Robert Brett was red against that privilege. The privilege formerly granted was affirmed, upon this Reason. That no man should have any thing to withdraw him from his Service in the House. The like 14. Feb. 18 Jacobi.  
And so much this privilege hath been insisted on by the House, that it hath been a Question. Whether any Member of the House could consent that himself should be sued during the Session; because the privilege is not the persons so much as the Houses: And therefore, when any person hath been brought to the Bar for any Offence of this nature, the Speaker hath usually charged the person in the name of the whole House, as a breach of the privilege of the House.  
And when, 3. June, 1607. Sir Thomas Holcroft a Member of the House, had occasion to sue at Law, and was sued, with which he was content, and desired the leave of the House; there was a Question, whether the House should give leave for a breach of privilege, and it was resolved The House might give leave.   

Juries.  
7 Maii, 1607. Sir Thomas bog and Sir Thomas Love, being returned upon an Attaint in the Kings Bench; it being moved, that in this Case they ought to have privilege: it was so ordered, and the sergeant sent with his Mace, to deliver the pleasure of the House to the secondary, the Court sitting.  
22 Novemb. 1597. Sir John Tracy, a Member of this House being at the Common-pleas Bar, to be put upon a Jury; the sergeant at Arms was presently sent with his Mace to fetch him thence, to attend his Service in the House.   

Commitment.  
April 12 Jacobi, Sir William Bampfield was committed by the Lord Chancellor for a Contempt, after the Writ of Summons, but before the Election. Ordered upon the Question, That he shall have his privilege by Writ of Habeas Corpus.   

Sheriff.  
1 Jaecobi. 2 Sess. Sir John Peyton Knight for Cambridge being returned the last Session, and since chosen Sheriff; Mr. Speaker moved to know the pleasure of the House, Whether he should attend his Service here: And it was resolved upon the Question in the House; he should attend his Service here.   

privilege to Servants.  
privilege was also granted to the Servants of Members during the sitting of Parliament.  
16 Febr. 5 Eliz. Robert Parker Servant to Sir William Woodhouse Knight for Norfolk, being attached in London, at the svit of one Baker, in a Trespass; had a Warrant of privilege, notwithstanding judgement given against him for Four Marks.  
20 Feb, 18 Eliz. 1575. Upon the Question, and also upon Division of the House, Edward Smaley Servant unto Arthur Hall Esq; one of the Burgesses for Grantham, being arrested upon an Execution, had privilege.  
16 Decembr. 44 Eliz. Anthony Curwen servant to William Huddleston Esq; one of the Knights of Cumberland, being arrested upon a Capias ad satisfaciendum, out of the Common-Pleas, for six pounds Debt, and Forty shillings Damages, and detained in Execution; a Supersedeas was awarded, and he was delivered.  
11 Maii 19 Jacobi, The Under-sheriff of Middlesex was called to the Bar, for causing Alexander Melling servant to the Chancellor of the duchy to be arrested; he denied he knew him to be his servant: Mr. Speaker let him know, the House had ordered him to have privilege; and therefore ordereth the Under-sheriff to discharge him.  
2. Session of the Parliament 1 Jacobi, Sir Edward Sandys moveth a breach of privilege by Sir Robert Leigh a Justice of Peace, for committing his Coachman to Newgate: Sir Robert Leigh was sent for by the sergeant, and an Habeas Corpus for the prisoner. Sir Robert Leigh being brought to the Bar, acknowledged his fault, and was discharged, and so was the prisoner.  
3 Maii, 1606. Valentine sire servant and Bag-bearer to the Clerk of the Commons House, being arrested upon an Execution, was by Order and judgement of the House enlarged.  
7 Sept. 1601. Woodal servant of William cook Esq; a Member of the House, being arrested, and in prison in Newgate; the sergeant at Arms was presently sent to Newgate to bring him to the House, sedente Curia; and being brought to the Bar with his Keeper, was discharged by Order of the House from his said Keeper, and from his Imprisonment.  
1 July, 1607. John Pasmore the Marshals man, being sent for and brought to the Bar, for arresting John Jessop Waterman, servant to Sir Henry Nevil, a Member of the House; he denied that he knew he was Sir Henry's servant until afterwards; notwithstanding, he took an Assumpsit from him to answer the Action: The House thought fit to commit him to the sergeant till the House's pleasure were further known, and till he had discharged the Assumpsit, and paid the Fees.  
17. June, 1609. Upon a Report of the Committee for privileges, That a menial servant of Sir Robert wrath was arrested eight days before this Session; the sergeant was sent for the prisoner, and the sergeant that made the arrest, one King, who followed it, and Fisher at whose svit he was arrested.  
4. Junii, 19 Jacobi, Johnson a Servant to to Sir James Whitelock, a Member of the Commons House, was arrested upon an Execution by Moor and Lock, who being  told Sir James Whitelock was a Parliament man; Fulk one of the Persecutors said, He had known greater mens men then Sir James Whitelock taken from their Masters heels in Parliament time. This appearing, Lock and Moor were called into the Bar, and by the judgement of the House were sentenced.  
1. That at the Bar they should ask forgiveness of the House, and of Sir James Whitelock on their knees.  
2. That they should both ride upon one horse barebacked, back to back, from Westminster to the Exchange, with papers on their breasts, and this Inscription, For Arresting a Servant of a Member of the Commons House of Parliament: and this to be presently done sedente Curia: which judgement was pronounced by Mr. Speaker against them at the Bar upon their knees.  
28 Aprilis 22. Jacobi, A Warrant was Ordered to be issued by the Speaker for a Writ of privilege, to bring up Andrew Bates servant to Mr. Richard Godfrey of the House, in Execution with the Sheriff of Kent, at the svit of one Hunt.   

Goods.  
That the Members of this House have also privilege for their Goods, is not without some Precedent.  
12 March. 1606. Complaint was made by Mr. James a Burgess of Parliament, That his horse standing at his Inn was taken by the Post-masters servant; both the Post-master and his servant were sent for and brought to the Bar: More on the Post-master appearing to be ignorant of what his servant had done, and disavowing it, was by Order of the House discharged: But upon the testimony of a witness at the Bar, that he  told the servant when he took the horse, that a Member of Parliament was owner of it, the servant was committed.   

In Adjournment.  
During the Adjournment, like privilege was granted and affirmed.  
In Decemb. 1606. Thomas Finch a Servant to Sir Nicholas Sandys Knight one of the Burgesses for Quinhorough was arrested during the Adjournment; which being conceived to be a great Contempt to the privilege of the House, an Habeas Corpus was awarded to bring him to the House, & he was accordingly brought, & also one Knight, who procured the arrest, & Harrison the Yeoman.  
The excuse was, Finch was an Attorney at Law, yet it being avowed by Sir Nichola Sandys, that Finch lay in his house, solicited his Causes, and received Wages from him; and it being insisted on that all menial and necessary servants are to be privileged and instance given of a Precedent of the Baron of Walton's solicitor, and Huddleston's solicitor, in the time of Queen Elizabeth: upon the Question, Finch was privileged, and delivered according to the said Precedents.  
During that Adjournment, a svit was prosecuted in the Court of Wards against Nicholas pots Esq; and ●rancis Wethered, Gent. Committees of a Ward which concerned Mr. Nicholas Davyes, servant to the then Speaker as Assignee of the Ward. The Speaker by virtue of a former general Order of the House, wrote a letter to Sir Cuthbert Pepper survey or of the Court of Wards and Liveries, to make known to the Court, That the said Davyes was one of his Clerks and nearest Servants, and the privilege now as warranable as in time of sitting; & therefore prayed him & the Court to take notice of it.  
During another Adjournment in March following the Speaker warranted by the like general Order, at the desire of Sir edmond Ludlow, who was summoned to attend the Execution of a Commission out of the Chancery, wrote a Letter to the Commissioners to Excuse his attendance, & that he should not be prejudiced by his absence.  
In M●y, 1607. during an Adjournment, the Speaker directed a Letter to the Lord Precident and Council at York, to stay Proceedings in a svit against Talbot bows a Member of this House.  
privilege, as well before as after the Parliament.  
The great Question is, Within what time this privilege may be claimed before and after the sitting of the Parliament. It is clear, it hath been claimed and allowed for some time before, and after the sitting. One Precedent may serve, because it is famous, and for the proceedings in it instar omnium.  
1 Jacobi, The first day of sitting, complaint was made, That Sir Thomas Shirley chosen a Member of the House, was arrested four days before the sitting of this Parliament; a Warrant issued to the Clerk of the Crown for a Habeas corpus, to bring him to the House being then prisoner in the Fleet; and the sergeant and his Yeoman were sent for in custody, who being brought to the Bar, and confessing their fault, were remitted for that time: The Writ being not executed, the House fell again into Debate touching the privilege, and how the Debt to the party might be satisfied because the Debt was gone if the party were delivered; and thereupon came to three Questions:  
1. Whether Sir Thomas Shirley shall have privilege.  
2. Whether presently, or to be deferred till further Order.  
3. Whether the House should be petitioners to the King, according to former Precedents, for some course, for securing the Debt to the party, and saving harmless the Warden of the Fleet. All which Questions were resolved in the Affirmative, and a Bill drawn to secure Simpsons Debt, &c. which also produced a Bill for relief of plaintiffs in Writs of Execution, where the Defendants in such Writs are arrested, and set at liberty by privilege of Parliament.  
17. April, Upon hearing Council in the House at th● Bar, for Sir Thomas Shirley and the Warden of the Fleet; and upon showing divers precedents, 39. Hen. 6. one clerk taken in Execution before the Parliament begun, was privileged 30 Hen. 6. Ferrers Case in Hollingsheads Chronicle; the Case of Huddleston's servant before remembered; this being added, that his Body was freed, but his Lands and Goods left subject. It was Ordered, That Simpson at whose svit, and the sergeant by whom the Arrest was made, should be committed to the Tower.  
4. May following, an Habeas Corpus was awarded to the Warden, to bring Sir Thomas Shirley to the House; the Warden denied to execute it, for which 7. May following, he was sent for by the sergeant, and brought to the Bar, who denying to bring his prisoner, a new Writ of Habeas Corpus was awarded, and the Warden was committed to the sergeant, with this, That if that Writ were not executed, then he should be delivered over to the Lieutenant of the Tower, as the House's prisoner.  
8 May, The sergeant was sent with his Mace to the Fleet, the House sitting, to require the Body of Sir Thomas Shirley, being directed by the House to pursue the Precedent of Ferrers, recorded in Hollingshead's Chronicle, and in the Book of Jurisdiction of Courts by Crompton: but the sergeant being denied, a Warrant was made to the sergeant, to deliver the Warden of the Fleet to the Lieutenant of the Tower, to be keptclose prisoner.  
11 May, The Warden was again sent for, and brought to the Bar, and refusing to deliver up his prisoner, he was committed to the place called the Dungeon, or little-ease, in the Tower.  
14 May, A new Warrant was ordered for a new Writ of Habeas Corpus, and that the sergeant should go with the Writ; that the Warden should be brought to the Door of the Fleet by the Lieutenant himself; and there the Writ to be delivered to him, and the Commandment of the House to be made known to him by the sergeant, for the Executing of it. That in the mean time, the Warden to be presently committed to the Dungeon and after to be returned thither again.  
18. May, The Warden did deliver Sir Thomas Shirley, and so was not put into the Dungeon.  
19. May, He attending at the door, was brought in to the Bar, where, upon his Knees, confessing his error and presumption, and professing he was unseignedly sorry he had so offended this Honourable House; Upon that submission, by direction of the House, the Speaker pronounced his pardon and discharge, paying ordinary Fees to the Clerk and the sergeant.  
That this privilege doth take place by force of Election, and that before the Return be made, appears by the proceeding in the Case following.  
19. November, 1601. Upon Information to the House, that one Roger Baston servant unto Le●cton, Baron of Walton, who upon credible report of divers Members of the House, was affirmed to be chosen a Burgess for the Borough of Newton in Lancashire, bet not yet returned by the Clerk of the Crown) had been during that Session of Parliament arrested in London, at the svit of one Muscle; the said Muscle, together with the Officer that made the arrest, were sont for by the sergeant and brought to the Bar; and there charged by Mr. Speaker in the name of the whole House, with their Offence herein: and having been heard, Baston was ordered to have privilege, and to be discharged of his Arrest and Imprisonment, and the Offenders for three days committed to the sergeant; and ordered to pay such Charges to Baston, as the Speaker shall set down, and their Fees.  
For how long time before, and after the Parliament.  
By these Instances, as also by clerks Case, 39 Hen. 6. and the Case of Sir Roberts Wroths servant before recited, it appeareth, That privilege doth take place before the Parliament begin, but for what time is the Question: what appears by the Journal Book tending to clear it, is thus.  
6. March, 1586. This day William White brought to the Bar, for arresting Mr. Martin, a Member of the House, That the Arrest was above fourteen days before the beginning of the Parliament: the House thereupon appointed a Committee to search the Precedents.  
Upon Report made, that Mr. Martin was arrested above twenty days of the beginning of the Parliament, held by prorogation; and upon Debate, the House being divided in opinion about the privilege; for the ending of the business, three Questions were propounded by the Speaker.  
1. Whether the House would limit a time certain, or a Reasonable time, to any Member of the House for his privilege?  
The House answered, A Convenient time.  
2. Whether Mr. Martin was arrested within this Convenient time?  
The House answered, Yea.  
3. If White should be punished for arresting Mr. Martin?  
The House answered, No. And the reason is given, Because the arrest was twenty days before the beginning of the Parliament, and the Creditors did not know what should be taken for a Reasonable time.  
24. April. 1640. It was this day said in the House, and not contradicted, that every Member of the House hath privilege for sixteen days exclusive, and fifteen days inclusive, before and after every Parliament.  
The like mention is made in several Parliaments, by Members in Debate.   

How Obtained.  
For the manner of Obtaining this privilege, 22. March 18 Jacobi. It was resolved, that no protection under any Mans hand of this House is good.  
22. Febr. 6. Edw. 6. It is Ordered, that if any Burgess required privilege for Himself or his Servant, upon declaration thereof to the Speaker, he should have a Warrant signed by Mr. Speaker to obtain the Writ,  
22. Febr. 18, Eliz. Aug. 1575. A report was made by the Attorney of the duchy from a Committee for ●elivery of Smaley a Servant to Arthur Hall, before mentioned, that they found no Precedent, for setting at arge by the Mace any Person in Arrest, but only by Writ. And that by divers Precedents of Record perused by them; it appears, that every Knight, Citizen, or Burgess of this House, which doth require privilege, hath used in that Case to take a Corporal Oath before the Lord chancellor or Lord Keeper. That the party for whom such Writ is prayed, came up with him, and was his Servant, at the time of the Arrest made. But on the 27th Febr. after sundry Reasons, Arguments and Disputations in the House; It was Resolved, that the said Smaley should be brought the next day to the Bar by the sergeant, and so set at Liberty by Warrant of the Mace, and not by Writ.  
According to which Resolution, the next day Smaley was brought to the Bar in the House by the sergeant, accompanied with two Serjeants of London, and was presently delivered from his Imprisonment, and Execution, according to the former Judgement of this House, and the said Serjeants descharged of their said prisoner.  
2. March. 1592. Upon a Report from the Committee of privileges and Elections; that one Mr. Fitzhe●bert was returned a Burgess, and excepeted against, because he was alleged to be Out-lawed, and detained upon such Out-lawry: The House Ordered, that Mr. speaker should move the Lord Keeper for an Habeas Corpius cum causa, to bring up the Body and Cause of Mr. Fitzherbert.  
But the next day Sir Henry Knivet entering into a Discourse, touching the privileges of the House of ancient times, used and accustomend for the conventing of any persons into this Court, declared his opinion, That Mr. Fitzherbert was rather to be called to appear in this House by the Serjeants Mace of this House, then any Writ of the Chancery, and quoted a Case of George Ferrers; but was put in remembrance by Mr. Speaker that the manner for the bringing Mr. Fitzherbert had received the Order of the House yesterday, and was therefore now neither to be recalled, nor further treated of by this House, till the Appearance of the said Mr. Fitzherbert be first made in this House, according to the said former Order for the same.  
On the 7th of the same Month, The House being acquainted by Sir Edward Hobby, that the Lord Keeper having been moved for a Writ of Habeas corpus cum causa, for Mr. Fitzherbert, his Lordship thought it best, in regard of the ancient Liberties and privileges of this House, That the sergeant at Arms be sent, by Order of this House, for the said Mr. Fitzherbert, at his own charge; by reason whereof he may be brought hither to the House, without peril of further being arrested by the way: which was also approved of.  
Injuries offered to the Members and their servants, during the Session, have been usually punished by the House, upon Complaint.  
29. Febr. 1575. One Williams, for assaulting a Burgess of this House, was upon Complaint sent for by the sergeant, and brought to the Bar, and Committed to the Serjeants Ward.  
23 April. 1. Mariae. One Moning●on for stricking William Johnson a Burgess, was sent for, and confessing it, was Committed to the Tower.  
28. Nov. 1601. Complaint being made by Mr. Fleetwood a Member of the House, that one Holland a Scriviner, and one Brooks his servant, had evil entreated and beaten the servant of the said Mr. Fleetwood in his presence; they were both sent for by the sergeant, and brought to the Bar; and for the said Offence Committed for five days to the sergeant.  
12 Febr. 18 Jacobi, Mr. lovel, a Member of the House, informed, that one Daryell threatened his person, That for a speech spoken by him in the House, he should be sent to the Tower during the Parliament, or presently after: Darvell was sent for by the sergeant, to Answer it to the House; and upon Testimony of it he was Committed to the sergeant till Thursday following, and then to aclowledge his fault, or to be Committed to the Tower.  
16. June 1604. Complaint being made of one Tho. Rogers, a Currier dwelling in Cole-man-street, for abusing Sir John Savill in slanderous and unseemly terms, upon his proceedings, at a Committee in the Bill touching Tanners. &c. he was sent for by the sergeant at Arms to the Bar, to answer his offence.    

CHAP. XIV. Amendment of Returns.  
18 I Acobi, The Sheriff of Licestershire having returned Sir Thomas beaumond; upon Report from the Committee for Elections, That Sir George Hastings was duly chosen, the Sheriff was ordered to return Sir George Hastings to the Clerk of the Crown, and he to accept it, and file it.  
21 Jacobi, Upon Report from the Committee of privileges, That in the Election of Mr. John M●ynard for Chippingham; Mr. John Maynard was chosen, but by a mistake, Charles was afterward written in stead of John: It was resolved, The Return should be amended without a new Writ; and the Question being, who should amend it: Resolved, The Baliff should do it, and not the Clerk of the Crown; and that it should be sent down to the bailiff in the country, and he to return John Maynard Esq; the first Burgess.  
1 Febr. 1640. It being Resolved, That the Election of Mr. earl for one of the Burgesses of Wareham. is a good Election; It was Ordered, That the Officer, that was the Officer when the Return was made or his Deputy, or the Electors, should amend the Return. But the next day it was Ordered, That Edward Harbin, the late Mayor of Wareham's Deputy, should come to the Bar of the House, and amend the Return.  
20 Febr. 1640. The bailiff of Midh●rst in Sussex came to the Bar,( being sent for by Order of the House) and amended one of the Indentures of Return of Burgesses for that Town, and the other was taken off the File.  
FINIS.   

The Contents.  

CHAP. I.  
The manner of choosing a Speaker in Parliament. Fol. 3  
Chap. 2. Decorum to be observed in the House. 4  
Chap. 3. Standing Committees. 6  
Chap. 4. Power and proceedings of the Committees for privileges. 7  
Chap. 5. Members chosen in several places. 12  
Chap. 6. New Writs for Vacant Places. 13  
Chap. 7. Rules and Methods of Debates In the House. ib.  
Chap. 8. Grand Committees, and their manner of proceedings. 21  
Chap. 9. In what Cases Members are to withdraw 23  
Chap. 10. Censures of Members for offensive Words or Misbehavior. 24  
Chap. 11. Calling the House. 31  
Chap. 12. Petitions in Parliament. 32  
Chap. 13. privilege of Parliament. ibid.  
Subpoena. 33  
Arrest. 35  
U●lary. ibid.  
Attachment. ibid.  
Issues. ibid.  
trials. ibid.  
Juries. 37.  
Commitment. ibid.  
Sheriff. ibid.  
privilege to servants. ibid.  
Goods. 39  
In Adjournment. 40  
privilege, as well before as after the Parliament. 41  
For how long time before, and after the Parliament. 43  
How obtained. 44  
Chap. 14. Anendment of Reurns. 47