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Chancellor, having first endorsed on the amendments, &c. 1 Vice lecta.

His lordship first reads the title of the bill. Then that the same is returned by the committees amended thus, viz. In such a line be tween such a word and such a word insert these words, &c.

Or, in such a line, put out this word, &c. and saith further, be fore it was thus, and now it is thus.

If additions and provisos are only reported, and no amendments, then, his lordship first recites the title of the bill; then, that it was committed and returned with such or such additions, or provisos, and so repeats the effect thereof briefly.

This being done, the Lord Chancellor demands whether their lordships be pleased, that their amendments, &c. shall receive a second reading? and, if so agreed on,

The clerk receives the bill, with the amendments, &c. of his lord. ship, and reads the same again, and endorseth on the amendments, &c. 2 Vice lecta.

And, kneeling, delivers the same unto the Lord Chancellor again. His Lordship reads the same, thus:

First, recites the title of the bill, then, that it hath been com. mitted and returned with amendments, &c. the which amendments have been twice read. And demands their lordships pleasure, if the bill began above, whether the bill shall be engrossed with the said amendments, &c. or no? and, if answer be made affirmatively, and no lord speak against it; then it is so ordered to be done; and the clerk receives the bill again, and endorseth on the said amendments to be engrossed; if the bill be sent from the commons, then the Lord Chancellor demands their lordships pleasure, whether the said bill, and amendments, &c. shall be read the third time or no?

At the second reading, any of the committee may speak against the body of the bill, or against the amendments, &c. before they be engrossed. V. an. 39. Elis. 24 Jan. This was debated, but not then determined. But an. 43 Elis. 12 Nov. it was resolved by the house.

Recommitted.

THE bill being thus reported by the committee: if any doubt be moved, and the house think good then, before the amendments be ordered to be engrossed, or ordered to have a third reading, the same may be recommitted, either to the former committees only, or to the same and others.

If the committee find the bill so imperfect that it can hardly be amended,

Then they may, without further order from the house, frame a new bill.

Which is most commonly done, by one of the attendants.

This new bill being agreed on and returned with the old bill to

the house, and the cause thereof reported by the committee, the old bill sleeps.

And the Lord Chancellor demands of the lords, whether they be pleased, that the new bill shall be read or no? Which is done ac cordingly.

If any doubt be conceived of the new bill, the same may also be committed, as the former was recommitted.

Or, after the second reading, the House may order a third bill to be framed. V. an. 1 Jacobi 4 Junii, Recusants: but, after the third reading, this is not now done.

The Third Reading.

THE clerk first reads the title, and then reads the bill, and delivers the same to the Lord Chancellor, in manner, as before, having first endorsed 3 An. V. lecta.

His lordship repeats the title only, and says, This is the third reading of this bill.

If no lord speak against it, then his lordship demands, whether he shall put it to the question? Which being agreed on, or not denied,

The question is thus:

Such of your lordships, as are of opinion, that this bill is fit to pass, or shall pass, say, content.

They, which are of another opinion, say, not content.

Then, the lowest baron begins, and saith, content, or not content, without any more words. And so they proceed in order to the first baron.

Then the bishops.

Then the viscounts, and earls, and those that sit on the earl's bench, in like manner.

The lord chancellor, or lord keeper, if he be a baron, earl, or bishop, removes to the first place, on the earl's bench, and giveth his voice, content, or not content.

The prince, if present, speaks last; if any doubt be of the most voices, then, one lord who said content, and another lord, who said, not content, are appointed to number them by the poll, which they do in this manner:

They go together to the baron's bench, and every lord, who said, content, stands up. Then the bishops and earl's bench, in like

manner.

Then, they return again to the barons bench; and every lord, who said, not content, standeth up; and so of the bishops and earls. And, according to the relation, it is agreed, whether content, or not content, had the more voices.

And the bill doth pass, or is rejected accordingly.

This order is observed in all questions.

Upon examining of the votes, the proxies of the absent lords may be demanded, and such lords as gave their own vote, with the question, may give his proxies against it, prout.

Nova Billa.

If the bill began below, be committed, and a new bill brought in

by the committee,

When the same is past by the lords, it is to be returned to the commons, together with the old.

Hereof are many precedents, temporibus H. 8. E. 6. Elis. And one 4 Jac. 27 May. pro comite Darby.

So likewise the commons are to do, if they make a new bill.

But, if the commons send up a new bill, and the lords read the same, and reject it, the commons cannot send up another bill of the same argument, in the same session; V, An. 3 Jacobi 27 May. Purveyors.

If the lords pass a bill, and send it to the commons, and they reject the same, without conference with the lords, they cannot send up a new bill of the same argument, in the same session; V. An. 29 Eliz. 22 Martii, Handford's Bill. But note this new bill was sent up without the old, otherwise, I conceive, it had been according to order.

And I suppose the reason to be, for that the lords will not pr ceed in a new bill, before they understand what is become of the old, which they formerly passed: nor unless they may also have by them the former bill.

And therefore, either a conference, or the old bill to be returned, is necessary.

The same order is observed, if the commons send up a bill to the lords.

Amendments and Additions, or Proviso's added afterwards, how lawful.

V. An. 27 Elis. Decembris 17. The commons sent up a bill, for the sabbath-day, to the lords, who passed the same with amendments, and so returned it to the commons: they sent it back to the lords, with new amendments, who rejected the same as against order.

It seems the commons had some conference with the lords concerning the same; for afterwards, in the same parliament, the third of March, it is thus entered, viz.

Memorandum, That this day were chosen for committees, to examine the record touching passing amendments of amendments, moved to the same by the lower house, the Lord Treasurer, the Earl of Sussex, the Viscount Mountague, the Bishop of Winchester, the Lord Hunsdon, the Lord Buckhurst, the Master of the Rolls, and Mr. Attorney, about the bill for the better observing of the sabbath-day.

The precedents they named were the bills for treasons, and bringing in of bills, acts passed Anno 13 of the queen.

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But these precedents appear not in the journal of the upper house.

It should seem, that the lords were then satisfied, and signified the same unto the commons; for afterwards, 6 Martii, the commons returned the same again with amendments of amendments, which the lords publickly read three times, and passed the same.

Vide the journal of the lower house, 22 Febr. fol. 97 & 99. That the commons desired the lords, that search might be made in the upper house, for precedents touched by them of the lower house, and reported by the committee. That, upon search of pre cedents, their house might add to the lords former additions to a bill pro billa sabbath-day. Vide tamen anno 39 Elis. 14 Jan. The lords having returned to the commons their bill for houses of correction with amendments and proviso's, the commons prayed a conference touching the said amendments and proviso's,

The lords yielded to the conference thus far, to satisfy the commons what moved their lordships to make those amendments, with this caution, that nothing can now be altered by the order of this house.

Amendments upon amendments were very usual in the times of H. VIII. and Queen Mary, prout an. 32 H. VIII. 2 Jul. & 5, 12, 19, 21, 22, & 24 Jul. Billa annexorum honori de Petworth. An. 32 H. VIII. 1 Martii & 4, 5, 6, 10,& 18. Martii billa concerning the first articles.

An. 35 H. VIII. 4 Martii, &c.
Billa for the Lords Decrees.

An. 37 H. VIII. 27 Nov. &c.

Billa pro Custode Rotulorum, &c,

An. 6 H. VIII. 15 Martii, & usq; 3 April. Billa Ducis Suff. An. 4 & 5 Phil. & Mar. 18 Febr. &c. Billa for Musters.

Anno 31 H. VIII. 10 Junii, The bill for the first articles is sent to the commons, 14 Junii; it is returned with a proviso, and ex, pedited, 16 Junii: and 24 Junii, the lords and commons agree to some amendments. Afterwards the 27 Junii, the lords agree to another proviso, and send it with the proviso to the commons, 28 Junii, who returned the bill expedited the same day in the afternoon.

Anno 37 H. VIII. The bill for the Custos Rotulorum, returned from the commons with a proviso, rejected by the lords, and sent back to the commons, and returned by them expedited, without the proviso, 16 & 18 Decembris.

Anno 4 Jac. 29 Junii. The lords having returned to the commons their bill of hostile laws, with amendments, and a proviso, the commons prayed a conference for consideration thereof.

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At the conference they moved, that they may clear their doubt of the said amendments and proviso, either by amendment, or by ano. ther proviso; of which kind of proceeding, they affirmed they had good precedents of former times in like case.

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And, accordingly, they did amend the same: and the lords passed the bill after third reading thereof. Vide ib. Junii & in pome ridiano,

Amendment of the Amendments, how lawful.

THE amendments of a bill coming from the commons, as hath been said, are to be written in paper, and to be inserted into the bill by the commons, at the return thereof unto them. And if the commons do think fit, that those amendments be amended, they are to signify so much to the lords, and to move their lordships to amend their own amendments, before the same be inserted in the bill. Vide the journal of the lower house. Anno 27 Elis. 10 Martii, fol. 132.

Divers lords were of opinion the last parliament, anno 18 & 19 Jac. that a bill might be amended after the third reading.

But, in the same parliament, 27 Novembris, in the bill for suits, and 1 Decembris, in the bill for monopolies, it was agreed, per plures; but the question for it was denied, that it was against the orders of the house to recommit a bill after the third reading.

Yet it was agreed, that a bill might have a small amendment after the third reading, with which agreeth that anno 27 Elis. 13 Martii. In the bill for provision to be made for the queen's royal person, &c. which was thus amended after the third reading, and before it was put to the question, viz. in the 24th line, after this word (left) put out (so as) and in place thereof put in (foreseeing that). And such small amendments are usual after the third reading. E. IV.

A Proviso added, after the Third Reading, not usual now.

ANNO 35 Elis. 9 April. A saving of the queen's right, and all men's right, added to the bill for repealing of certain uses, and con. cerning the lands of Anthony Coke, Esq. was added to the bill after the third reading and question.

This bill was sent up by the commons, 28 Martii, & 6 April. it was read the third time, and expedited. The saving was added, the 9th of April, with this caution, that the lords, upon weighty consider. ations, have ordered, that this shall not hereafter be drawn to make any precedent. Then the bill was returned to the commons, who sent it up the same day expedited.

According to this order of anno 35 Elis. the house hath forborne to add any thing to the bill after the third reading prout. Anno 3 Jac. 13. Martii 3 Vice lecta est Billa, for the establishing of the possessions of Edmund, late Lord Chandois of Sudley, And or dered, that the Lady Chandois shall give security for the payment of seven thousand pounds to her daughter Catharine, before the bill be sent to the commons; for that the same is not sufficiently provided for by the bill.

15 Martii, this is referred to Mr. Justice Tanfeild, and Mr. Jus tice Crook, and they to acquaint the lord committees that were named on the bill with the cause by them advised on: that the lords might proceed for the security, as they should find cause.

27 Martii. This bill, with others, is sent down to the commons, with a recommendation from their lordships, to be had by them touch

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