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■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 Elis. 22 Martii, Handford's Bill. But note this new bill was sent up without the old, otherwise, I conceive, it had been accord. ing 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 aftcraards, lion
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 con. eernrog 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 ex. amine the record touching passing amendments of amendments, moved to the same by the lower house, the Lord Treasurer, the Karl 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 sabbalhulay.
The precedents they named were the bills for treasons, and bring, ing in of bills, acts passed Anno 13 of the queen.
But these precedents appear not in the journal of the upper bouse.
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 comirons 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. 6c b\ 12, 19,21,22, Sf 24 Jul. Billa annexorum honori de Petworth.
An. 32 H. VIII. 1 Martii S( 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 Ratulortun, &c,
An. 6 H. VIII. 15 Martii, 6c usq; 3 April. Billa Ducts Suff.
An. A Sib Phil. 6c Mar. 18 Febr. 6)c Billa for Musters. 'Anno 31 //. 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 Sf 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.
At the conference they moved, that they may clear their doubt of the said amendments and proviso, either by amendment, or by another proviso; of which kind of proceeding, they affirmed they had good precedents of former times in like case.
And,accordingly, they did amend the same: and the lords passed the bill after iluiiird reading thereof. Vide ib. Junii Sf in pomeTidiano, . . .
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 Sf 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, Sf 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 considerations, 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 ordered, 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. Justice 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. e
27 Martii. This bill, with others, is sent down to the commons, frith a recommendation from their lordships, to be had by them touch* ing assurance to be given for the said portion, which was not remembered to their lordships until the bill was passed this house.
But this order was not thus nicely observed, tempore H. VIII. Anno 6. H. VIII. 1 Martii, billa concernens debit a regia lecta est 3.
3 Martii lecta est 4, Sf domini deliberabunt.
15 Martii lecta est 5.
16 Martii lecta est.
20 Martii lecta est, Sf domini deputaverunt principalem justiciorum Sf ad confiniendum quendam effectum pro securitate regia pro debitis suis obtinendis.
Here it appears, that, at the third reading, the lords not being agreed, the bill was read again the fourth time, yea, and the sixth and seventh times, and at last the lords appointed a new bill to be drawn.
There are many precedents that bills have been read oftener than thrice in that king's time, and of E. VI; by which it appears, that bills might then be recommitted after the third reading. Vide my collection of those times, which I will not here relate; for that it is now constantly observed to read bills but thrice.
A Proviso added by the one House, and desired to be taken as: ay by the other House, whether luicful.
THIS was usual in former times, yet in the parliament 21 Jac. 21 May. the lords having returned unto the commons their bill for ease of pleading of license of alienations, &c. with a proviso, the commons misliking of the proviso desired a conference, and moved to have the proviso taken away; and, some doubting and others affirming that this could not be done by the orders of the house, the commons framed a new bill to that purpose, without a proviso, and sent it up to the lords the next morning, and with it returned the old bill, and the lords passed this new bill.
Anno 3 H. VIII. 24 die Parliament billa concernens cariarios lecta est primo, Sfc. sent to the commons, Sfc. 29 die parliamentum assentitum est, dempta additione. Anno 6 H. VIII. 31 die Martii billa Ducis Suff. remissa est in domum communem, Sf duee provisiones eidem prius per communes annexw ubstrahuntur, Sf eodem die recepta est, ablatis provisionibus prius annexis.
Anno 1 Sf 2 Ph. Sf Mar. The bill for the supremacy of Rome, 4 Jan. a proviso added by the commons misliked, a new bill made, and the old taken away by the commons, at the lords request.
Anno 4 Sf 5 Ph. Sf Mar. The bill of musters, returned from the commons with two proviso's, and sent back to have them taken away, and returned again, with certain corrections mentioned in a •chedule, expedited 4 & 6 Martii & prout M. 6 May.
THE MANNER OF TAKING THE LATE DUKE OF MONMOUTH, &c
By His Majesty's Command.
London, printed by B. G. for Samuel Keeble, at the Turk'* Head, over-against Fetter Lane, in Fleet Street, 1685. Folio, containing four pages.
IMMEDIATELY after the defeat of the rebels at Bridgewater, on Monday the sixth of July instant, the late Duke of Monmouth, late Lord Grey, and the Brandenburgh fled; and, coming between Gillingham and Shaftsbury, got a guide to lead them the way to the New Forest, most free from towns and watches; he led them by White-Sheet, four miles east of Shaftsbury, and thence by CranborneChace: where, their horses being tired, they let them loose, and hid their bridles and saddles.
In the mean time, the news of the said defeat coming to the Lord Lumley, then posted at Ringwood in Hampshire, with three troops of horse of Colonel Stapley's regiment, commanded by Major Bridger, Captain Monk, and Captain Peckham; and four companies of foot, of Colonel Alford's regiment, commanded by Lieutenant Colonel Cooper, Captain Bickely, Captain Best, and Captain Carre, all of the Sussex Militia, his lordship was pleased to send his scouts every way to take up suspected persons; and Sir William Portman, for the same end, had taken care for strong watches to be set, made up of his yellow-coats and others, on the roads from Poole to the most northern parts of Dorset.
Upon the seventh instant, about five in the morning, some of the Lord Lumley's said scouts (riding in the road, near Holt-Lodge in Dorset, four miles west of Ringwood) just at the turn of a crossway, surprised and seized two suspected persons, which, when the Lord Lumley came up, proved to be the late Lord Grey and the said guide: this put the Lord Lumley upon a strict examining of the cottages, with which that heathy country abounds, and calling in the neighbourhood, that were acquainted with the country, &c Notice of this being brought to Sir William Portman, by some of his watches, &c. he hastened to the place, with as many horse and foot as he could of a sudden get together.
It happened, upon the Lord Lumley's enquiry amongst the cottages, that a poor woman, one Amy Farront, directed his lordship to a
» Tiro it the 359th Article in the Catalogue of Pamphlets In the Harleian Library.