A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

PARLIAMENT.

Parliament, is the highest, and most honourable,* 1.1 and absolute Court of Justice of England, con∣sisting hereto••ore of the King, the Lords of Parli∣ament and the Commons. And again, the Lords, viz. Spiritual and Temporall. And Commons are di∣vided into three parts, viz. into Knights of Shires or Counties, Citizens out of Cities, and Burgesses out of Buroughs. All which have voices and suf∣frages in Parliament. Of the Members of the Court, some were by descent, as antient Noble∣men; some by creation, as Nobles newly created; some by succession, as Bishops; some by election, as Knights, Citizens and Burgesses.

In the Lords House, the Lords give their voices from the paisne Lord seriatum by the word of (Content) or (not Content.) The Commons give their voices upon the question, by Yea or No, and if it be doubtfull, and neither party yeeld, two are appointed to number them, one for the Yea, another for the No: the Yea going out, and the No sitting: and thereof report is made to the House. Cook's 4 part of Instit. c. 1.

It is called Parliament, because every Member of the Court should sincerely and discreetly parler

la ment for the generall good of the Common∣wealth.* 1.2 This Court the French calleth ••es estats, or l•• assemblee des estats: in Germany it is called a Diet. It is legally called in Writs and judiciall proceedings, C••m••une con••ilium Regni Angliae.

The jurisdiction of this Court is so transcen∣dent, that it maketh, inlargeth, diminisheth, ab∣rogateth, repealeth, and reviveth Laws, Statutes, Acts and Ordinances concerning matters Ecclesi∣asticall, capitall, criminall, common, civill, martial, maritime, and the rest.

The efficient causes of an Act of Parliament were the assent of the Estates, viz. 1. Of the* 1.3 King. 2. Of the Lords Spirituall and Temporall. And, 3. Of the Commons: and each without the other cannot perfect this work; and yet untill the royal assent, it was but embrio in ventre matris, and by the royal assent coming last it took life and vigour. The Assembly of the three Estates, viz. the King, Nobility and Commons, which make the body of the Realm, was called a Parliament. For without all three (as if it be done by the King and Lords, but nothing spoken of the Commons) it was no Act of Parliament. And although the Lords and Commons agree to it, yet it was not an Act untill the King had assented al∣so, and his assent alwaies comes after their assent, and commonly this is the last day of Parliament▪ from this day forward it was an Act, and not be∣fore, for before the Kings assent, it was an issue in the Mothers womb, which is not perfect untill it be born, for the Statute was not full and perfect untill his assent given to it. But it shall be count∣ed* 1.4 an Act from the first day of the Parliament, unless the certain time be specified when the Act shall first take effect. But if the Parliament have divers prorogations, and in the second o••

third Session an Act is made, this shall not have relation to the day of the beginning of the Par∣liament, viz. to the first day of the first Session, but only to the first day of the same Session, in which it is made.

Of Acts of Parliament some are introductory of a new Law, and some are declaratory of the antient Law, and some are of both kinds by ad∣dition of greater penalties or the like. Cook's 4th part of Instit c. 1.

One of the principall ends of ca••ling of Parlia∣ments is for the redress of the ••mischiefs and grievances that daily happen. Cook's 4th part of Instit. c. 1.

Notes

• * 1.1

  Si vetusta∣tem spe∣ctes est an∣tiquissima, si dignita∣tem est honoratis∣sima, si ju∣risdictio∣nem est capacissi∣ma. Cook on Lit. l. 2. c. 10. sect. 164.
• * 1.2

  Id. ib. & Preface to the 9th Rep.
• * 1.3

  Iudge Do∣deridge. An Ordi∣nance in Parliament differs from an Act that is ordained by one or two of them. Cook's In∣stit. 4th part c. 1. Cook l. 8. of Rex. case, de Prin. 20 b. 11. H. 7 27 7. H. 4
• * 1.4

  Ployden Partridge against Strat. s••l. 79. ••.