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METHOD OF PASSING

BILLS IN PARLIAMENT.

Written by HENRY ELSINGE, Cler. Parl.

Now printed from the original Manuscript, under these heads, viz. 1. Proceedings upon Bills. 2. The Commitment of Bills. 3. Manner how Committees are named. 4. Who may not be of a Committee, and who ought to be. 5. Council heard at the Com. mittee. 6. A Bill recommitted. 7. The third Reading. 8. Nova Billa. 9. Amendments and Additions, or Proviso's added afterwards, how lawful. 10. Amendments of Amendments how lawful. 11. A Proviso added after a third reading, not usual. 12. A Proviso added by the one house, and desired to be taken by the other house, whether lawful. London, printed by F. L. for Matt. Gilliflower, at the Spread-Eagle and Crown in Westminster-hall, 1685. Twelves, containing thirty-six pages.

PROCEEDINGS UPON BILLS.

The first Reading.

THE clerk reads the bill, standing at the table, and then delivers

the same, kneeling unto the Lord Chancellor, together with a brief of the bill.

The Lord Chancellor reads the title of the Bill, and then reports the effect of the same out of the brief, and concludes, this is the first time of the reading of this bill.

At the first reading, the bill is seldom now spoken against.

There are precedents to the contrary, prout A. H. VIII. 11 de Parliamenti billa de actionibus, brought from the Commons, lecta 1 vice & Domini disputando censuerunt reformandum; quod regia majestas haberet 3 vel 4 annos, pars vero contra partem, nisi unum

annum.

And a bill hath been received at the first reading, prout.

Anno 3 E. VI. 14 Nov. Billa pro jurisdictione episcoporum rejected, and a committee appointed to draw a new bill.

The subsidy bill, and the king's general pardon, were used to be read but once, and so were expedited at the first reading.

Yet if a proviso be added to the subsidy bill, that hath been read three times, prout.

So if a proviso be added to the general pardon, that is to be read three times, V. 3 E. VI. 1 Febr.

Anno 35 H. VIII. 4 die Martii 1 Vice lecta est billa, concerning the kings majesty's award, between the Lord Dacres, and the heirs general of Sir James Strangwish the younger, cui quidem billæ proceres assenserunt.

Bills also have been committed at the first reading.

Anno 6 Hen. VIII. 14 Febr. recepta est billa in papyro concernens apparatum, & lecta est jam primo, & deliberata Magistro Pigott reformanda.

Anno 1 E. VI. 21 Nov. allata est a communi domo billa, for benefices, common preachers, and residence. Qua 1 vice lecta est, & commissa est Archipiescopo Cant. Episcopis Elien. Dunelm. Roffen. & Lincoln. Marchioni Northampton. Domino St. John, Comiti Arundel, Domino Admiral, & Domino Wentworth.

Anno 5 E. VI. 16 Febr. Hodie 1 vice lecta cst billa, to avoid regrating, forestalling, &c. & commissa Magistro Hales, Magistro Molineux, Magistro Saunders, & Sollicitatori Regis.

And there are very many precedents, that bills have been com mitted at the first reading, in the times of Henry the eighth, and Edward the sixth, as may appear by the committees of those times. The like precedents I find in most of the journals of Queen Elisabeth, prout, &c.

Anno 8 Elis. 3 Oct. Billa, for the better executing of certain statutes, &c.

Eodem Anno 5 Oct. touching fines and recoveries, &c.

Anno 13 Elis. 20 April. against fraudulent conveyances, &c.

Anno 14 Elis. 12 May, for preservation of wood, &c.

Eodem Anno & Die, for the punishment of vagabonds, &c.
And so in many other parliaments of Elis. &c.

The second Reading.

IN the same manner, the clerk reads the bill the second time, and delivers the same without a brief to the Lord Chancellor.

His lordship. recites the title thereof only, and saith, this is ther second reading.

VOL. IX.

I

Then if no man speaks against the bill, it is ordered to be engrossed, if begun with the lords; or to have a third reading, if brought from the commons.

If any doubt be conceived, which is often pro forma tantum, the bill is committed.

V. inter ordines, &c. an. 18 Jacobi.

Bills are commonly let pass at the first reading, and committed at

the second.

Yet it appears by many precedents of Henry the eighth, and Edward the sixth, and Queen Elisabeth, that if the lords did apprehend any dislike or doubt in the bill at the first reading, it was then committed immediately, prout antea.

The Commitment of Bills.

AT the second reading, if the bill be required to be committed, the Lord Chancellor demands of the lords, how many of each bench shall be of the committee.

Which being agreed on to three, five, or six, &c. the earls are first named, then the bishops, then the barons.

The like order is observed in the naming of committees for any other business.

And if there be five earls, then five bishops, and ten barons; the reason whereof I know not. Neque fuit sic a principio.

Anno 3 E. VI. 14 Nov. the committees, to frame a bill for the jurisdiction of bishops, were the Marquis of Dorset, four bishops, and two barons.

Eodem anno 2 Januarii, the committee, sent to the Duke of Somerset, were, one earl, five bishops, and two barons.

Anno 27 Elis. 4 Decemb. the bill for the clothiers of Boxsted, &c. was committed unto three earls, one viscount, one bishop, and three barons.

Eodem anno 3 Dec. the bill for the landing of merchandise, &c. was committed unto eight earls, two bishops, and four barons.

Eodem anno 27 Elis. the first bill, for increase of mariners, was committed unto two earls, and six barons, and no bishops.

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Eodem anno & die, the bill, for the sabbath-day, is committed unto six earls, one viscount, five bishops, and seven barons.

The precedents hereof are infinite, that no such order was observed to name a set number of each bench, or to double the number of barons until in the latter parliaments of our late King James : neither was this constantly observed, until the parliament of 12 Jacobi Regis, and afterwards. For in the fourth session of the parliament, anno 1 Jacobi Regis, sometimes the number of each is equal, and sometimes the barons are the greater number. But they seldom double the number of the other bench, unless in the committees of a small number.

But here may be a question (viz.) whether a bill may be com mitted by the orders of the house, if no lord move any doubt, or imperfection in the same?

And I am of opinion that it may not, neither is it necessary.

My reason is, for that I find many bills to pass without commit. ment, and some at the second reading in the times of Henry the eighth, Edward the sixth, and Queen Elisabeth.

But now the constant order is to read every bill, save the pardon, three times.

And the general voice, to commit the bill at the second reading, shews that the lords do conceive some doubt thereof, though none move any.

The manner how Committees are named.

THE number of each bench being agreed, they are named, promiscue, by any of the lords, but the clerk is to be careful to set down those whom he hears first named; which is done in this

manner:

First, the earls are named, and those that sit on that bench. The clerk having written them, stands up and reads their names. Then the bishops, and then the barons, in like manner.

And, if the clerk happen to set down more than the number agreed on, it is in the liberty of the house to take out the latter, and so to leave the just number, or to admit them.

Then, the house names the attendants, which are of the judges, the king's learned council, and the masters of the chancery.

The clerk reads their names also.

The last is the time and place, where to meet; which being agreed on, and set down, the clerk reads that also.

Who may not be Committees, and who ought to be.

IF any lord speak against the body of the bill, he is not to be named of the committee of the same bill.

No absent lord is to be of any committee, unless officers of state, when the bill or business concerns their office. And, then, they are to be named, and to have notice sent them thereof.

V. Anno i Jac. 14 Junii, subsidy of tonnage and poundage. That lord, which moveth any doubt, concerning the bill, ought also to be named, and to be of the committee, if he be present.

This is also a received opinion, and often in practice; and the clerk ought to be attentive, and hearken after the names of such lords.

The number of the committees being agreed on, named, and read the clerk delivers the bill, with a note of the committee affixed, unto the first of the committee then present.

The committees being met, though not all, yet if the better half, they may proceed.

of

Anno 18 & 19 Jac. 30 Nov. It is ordered that, if ten or upwards any committee do meet, though not the one half of their number, they may proceed notwithstanding.

At the committee, the judges and other attendants do neither sit

nor are covered, unless it be out of favour; and then they sit behind, but are never covered.

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One of the attendants reads the bill, and writes the amendments, if any, in paper, with directions to the places to be amended.

And, if any addition or proviso be conceived, he writes the same

in paper also, with directions, where they are to be placed.

Any other member of the house may be present at this committee;

but they may not vote: and must give place to all of the committee, and sit below them.

If the business be not dispatched, at the first meeting, the committees themselves may appoint another day.

V. An. 4 Jac. 26 Febr.

But this must be done, before their departure.

Council heard at the Committee.

AT this committee, if it be a private bill, they will not only call both parties before them, but hear their council.

Wherein this order is observed, that the council, who speaks against the bill, is heard first, for it is already understood, what the bill desires.

And either part may desire to have their council heard in the house; which, being reported by the committee, is so ordered. There also the council, against the bill, speaks first.

And, for publick bills, council is also heard, if any oppose it. And, if a publick bill concern any officer, corporation, or par ticular person, or any artificers, they are usually sent for to attend the committee.

The Bill reported by a Committee to the house.

THE committee, or greater part, being agreed, what report to make to the house.

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The first of the committees, that was present, makes report thereof standing, and uncovered, with the bill in his hand.

And all the rest of that committee, then present, stand up, and are uncovered; whereby, they signify their assent unto the said report.

The report being ended, he delivers the bill and the amendments, addition and proviso, if any, unto the clerk, who goes from his seat, and receives the same from his lordship.

If the report be for the bill to sleep, it is so ordered and entered by the clerk in the journal book, and endorsed on the bill also.

If amendments, additions, or provisos be reported, when the house orders the same to be read, they are read on this manner, by the clerk, viz. The amendments of the bill, &c. reciting the title thereof, or the additions or provisos to be added to the bill, &c. And so reads the same, as they are in the paper delivered by the committee.

Then, the clerk delivers the same, kneeling, unto the Lord

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