Lex parliamentaria, or, A treatise of the law and custom of parliaments shewing their antiquity, names, kinds, and qualities ... : with an appendix of a case in Parliament between Sir Francis Goodwyn and Sir John Fortescue, for the knights place for the county of Bucks, I Jac. I.

CHAP. XIV. Business of the Speaker.

THE Mace is not carried before the Speaker, until his Return, being presented to the King, and allow'd of.

The speaker sits in a Chair placed some∣what high, to be seen and heard the bet∣ter of all; the Clerks of the House sit before him in a lower Seat, who read Bills, Petitions, &c.

The Speaker's Office is, when a Bill is read, as briefly as he may, to declare the Effects thereof to the House.

That Day that the Speaker, being ap∣proved by the King, cometh down into the Commons House to take his Place, the Custom is, to read for that time only one Bill lest unpast the last Sessions, and no more; This is done, to give him Sei∣sin, were, as it of his Place.

1 Jac. 1. Sir Edward Philips was chosen Speaker, and the same Day (be∣fore he was presented to the King) he signed a Warrant as Speaker, by Com∣mand of the House, for Election of ano∣ther Person in the Place of Sir Francis Bacon, being chosen in two Places.

A general Order hath usually been made in the Beginning of the Session, to authorize the Speaker to give Warrants 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.

Where such general Order is not made, Writs have issued by Warrant of the Speaker, by Vertue of special Order, up∣on Motion in the House.

Oftentimes on the first Day of the Meeting of the House, as soon as the Meeting of the House, as soon as the Speaker hath been approv'd, and some∣time before, such Persons as have been doubly return'd, have made their Choice.

43 Eliz. Mr. Johnson said, The Spea∣ker may, ex Officio, send a Warrant to the Clerk of the Crown, who is to certi∣fie the Lord Keeper, and so make a new Warrant.

The Speaker said, That I may inform you of the Order of the House, the War∣rant must go from the Speaker to the Clerk of the Crown, who is to inform the Lord Keeper, and then to make a new Writ.

This Proposition I hold, That our Speaker is to be commanded by none, neither to attend any, but the Queen, per Sir Edward Hobby.

The Warrant is to be directed to the Clerk of the Crown in Chancery, by Or∣der of Parliament 13 Novemb. 1601.

May 1604. Resolved, That no Spea∣ker from henceforth shall deliver a Bill, of which the House is possessed, to any whosoever, without Leave and Allowance of the House, but a Copy only. It is no Possession of a Bill, except the same be delivered to the Clerk to be read, or that the Speaker read the Title of it in the Chair.

5 Car. 11. 1628. The Speaker being moved to put the Question then propo∣sed by the House, he refused to do it, and said, That he was otherwise com∣manded from the King. 2 Martij, The Speaker was urged to put the Question; who said, I have a Command from the King to adjourn till the Tenth of March, and to put no Question; and endeavour∣ing to go out of the Chair, was not∣withstanding held by some Members (the House foreseeing a Dissolution) till a Pro∣testation was publish'd.

When the Queen made an Answer to the Speaker's Speech, he, with the whole House, sell upon their Knees, and so continued, till she bid them stand up.

35 Eliz. Mr. Speaker was sent for to the Court, where the Queens Majesty

her self gave him Commandment what to deliver to the House.

The Speaker was commanded upon his Allegiance not to read any Bills touching Matters of State or Reformation in Cau∣ses Ecclesiastical.

16 Car. 1. 1640. Apr. 16. The Spea∣ker received Command from the King, That His Majesties Speech shou'd be en∣tred in the Journal of the Commons House of Parliament: Whereupon the House passed a declarative Vote, That they did not expect that this shou'd be performed by other Speakers, but upon the like special Command, or by the Or∣der of the House.

Eodem Die, Resolved, That it was a Breach of Priviledge of the House, for the Speaker not to obey the Commands of the House; and that it appeared the Speaker did adjourn the House by the Command of the King, without the Con∣sent of the House, which is also a Breach of the Priviledge; it was therefore order∣ed, that this should be presented to His Majesty.

1 Jac. 1. 1603. Ordered, That it shou'd be precisely registred as the Judgment of the House, that no Speaker from hence∣forth shou'd deliver a Bill, whereof the House stands possessed, to any whomsoe∣ver, without Allowance and Leave:

But that he had Power, and might ei∣ther shew it, or deliver a Copy (if it seems meet to him.)

But yet it was admitted, that a Copy may be delivered, or it may be shewed to His Majesty.

If upon Division of the House, it ap∣pear that the Members are equal; the Speaker hath always the casting Voice upon all Questions.

44 Eliz. upon the Question, Whether Mr. Speaker had a Voice. It was said by Sir Walter Raleigh (and confirmed by the Speaker himself) That the Spea∣ker is foreclosed of his Voice, by taking of that Place, which it had pleased them to impose upon him, and that he was to be indifferent to both Parties. He was seconded by Mr. Secretary Cecil.

The Speaker hath no Voice in the House, nor will they suffer him to speak in any Bill, to move, or disswade it.

It was resolved by Vote in the last Parliament (says Mr. Harbottle Grim∣ston, in his Speech Nov. 9. 1640.) That the Speaker refusing to put the Question, being thereunto requir'd by the House; or to adjourn the House upon any Com∣mand whatsoever, without the Consent and Approbation of the House it self; were Breaches and Violations that high∣ly impeached our Priviledges.

Ordered, That Mr. Speaker be intreat∣ed to be here this Afternoon (viz. 10 Nov. 1640. to sit by, at the great Com∣mittee of Irish Affairs; and if there be Cause, to resume the Chair.

Nov. 20. 1640. This Day the House ordered the Speaker should sit in the Afternoon.

Note, The Speaker is said to be not only the Mouth, but the Eyes and Ears of the House. And hence it was, That when King Charles I. commanded the Speaker on his allegiance to discover cer∣tain Transactions, &c. in the House; he justly reply'd. That he had neither Eyes to See, Ears to Hear, nor Mouth to Speak, but as the House shall direct him.

See also several Letters, Messages, &c. of that Prince to and by the Speaker to the House in Rapin's History, Vol. II, Numb. 57, &c.

Notes

• Eisyng. 153
• Modus te∣nend. Parl. 36. Smith's Common∣wealth, 84.
• Modus te∣nend. Parl. 37. Smith's Common∣wealth, 86. Hakewel 138, 139. Sir Simon d'Ewes Jour. 43.44.
• Scobel 19.
• Note.
• Id. 20.
• Ibid.
• Scobel 18.
• Towns. 191.192.
• Ibid. Sir Simon d'Ewes Jour. 627. Col. 2.
• Ibid. Vide Sir S. d'Ewes Jour. 627. Col. 2.
• Scobel 20. Vid. Tow. Col. 216.217. Vide Sir S. d'Ewes Jour. pas∣sim. Scobel 65. Petyr's Mis••ell. Parl. 140.
• R••b. Col. 66••.
• See S••••dens Lise.
• Towns. Col. 263. Vide Sir S. d'Ewes Jour. 6••••. Col. 1.2. Towns. Col. 61.
• Id. 63.
• Rush. Col. 1127.
• Id. 1137.
• Scobel 65. Petyt's Miscol. Parl. 140.
• Id. 142.
• Hakewel 145.
• Towns. 321.322. Vide Sir S. d'Ewes Jour. 683. Col. 2.
• Arc. Parl. 18. Smyth's Common∣wealth 86. Rush. Col. 3. p. v. 1. p. 35.
• Id. p. 42.
• Id. p. 53.