Memorials of the method and maner of proceedings in Parliament in passing bills. Together with several rules and customs, which by long and constant practice have obtained the name of Orders of the House. Gathered by observation, and out of the journal books from the time of Edward 6. By H. S. E. C.P.

CHAP. VII. Rules and Method of Debates in the House.

VVHen a Motion hath been made, the same may not be put to the Question until it be debated, or at least have been seconded and prosecuted by one or more persons standing up in their pla∣ces as aforesaid, and then the same may be put to the Question, if the Question be called for by the House, or their ge∣neral Sense be known, which the Speaker is to demand, unless any Member stand up to speak.

When a Motion hath been made, that Matter must receive a determination by a Question, or be laid aside by the general Sense of the House before another be en∣tertained. An instance is in the Journal 28. Iune, 1604. A Motion being made, another interposed a Speech tending to another Business: but it was answered. That there was no President for that Speech to be used before the other Motion, which was made before, had received an Answer and an end. And the House did accord∣ingly

determine the first Motion in the first place.

4. Decemb. 1640. Ordered, That till the Business in agitation be ended, no new Motion of any new Matter shall be made without leave of the House.

If the Matter moved do receive a De∣bate pro & contra, in that Debate none may speak more then once to the Matter: And after some time spent in the Debate, the Speaker collecting the Sense of the House upon the Debate, is to reduce the same into a Question, which he is to pro∣pound; to the end, the House in their Debate afterwards may be kept to the Matter of that Question, if the same be approved by the House to contain the substance of the former Debate.

After such Question is propounded, any Member may offer his Reasons against that Question in whole or in part, which may be laid aside by a general consent of the House without a Question put.

But without such general consent, no part of the Question propounded may be laid aside or omitted; and although the general Debates run against it, yet if any Member, before the Question be put with∣out that part, stand up and desire that

such Words or Clause may stand in the Question, before the main Question is put; a Question is to be put, Whether those Words or such Clause shall stand in the Question.

The like Method is observed, where any other Alteration is debated upon, to be made in a Question propounded; but upon putting a Question for such Addi∣tion, Alteration or Omission, any person who hath formerly spoken to the Matter of the Question, may speak again to shew his Reasons for, or against such Alterati∣on, Addition or Omission, before such Question be put.

When the Speaker (the House calling for a Question) is putting the same, any Member that hath not before spoken to the matter, may stand up before the Ne∣gative be put.

13. Junii, 1604. A Bill touching a Subsidy of Tonnage and Poundage having been formerly upon a third Reading re∣committed, was returned; And a Proviso being tendred for Chester, which was twice read, the Question was put for Commit∣ment in the Assirmative: but before the Negative was put, one stood up and spake to it, which was admitted for Orderly,

because it is no full Question without the Negative part be put as well as the Af∣firmative.

Every Question is to be put first in the Affirmative: viz. As many as are of opini∣on that (repeating the Words of the Que∣stion) say, Yea. And then the Negative thus: As many as are of another opinion say, No. To which Question every Mem∣ber ought to give his Vote one way or other, and the Speaker is to declare his opinion, whether the Yea's or the No's have it, which is to stand as the Judge∣ment of the House. But if any Member before any new Motion made, shall stand up and Declare, That he doth believe the Yea's, or No's (as the Case shall be) have it, contrary to the Speakers opinion, then the Speaker is to give direction for the House to divide, declaring whether the Yea's or the No's are to go forth.

Upon the dividing of the House, those are to go forth who are for varying from, or against the constant Orders of the House, (as that a Question shall not be put, or not be now put, it being the course of the House, that after a Debate the same should be determined by a Question or the like) or against any Positive Order

made by the House, or for the passing any new thing, as reading a Petition or Bill, and Committing, Ingrossing, or passing such Bill, or the like.

10. Decembr. 1640. An Order being made the 9. Day, That the House should be Resolved into a Grand Committee the next Day, for Debating the way of rai∣sing Money; Upon the 10. Day a Que∣stion was upon Debate put, whether the House should be resolved into a Grand Committee; upon which the House was divided, and a Doubt moved which were to go forth. It was declared for a con∣stant Rule, Those that give their Votes for Preservation of the Orders of the House should stay in; and those who give their Votes otherwise, to the introducing any new Matter, or for any Alteration, should go forth.

24. Martii, 21. Iacobi, Upon a Report from the Committee for Priviledges, a Question was put, That Sir Tho: Holland and Sir Iohn Corbet were well Elected Knights for Norfolk; The House was divi∣ded, and a Contest which should go forth; It was over-ruled by the House the No's should go forth.

Which is also the course upon any

Question to agree with a Report in favor of the Opinion of a Committee.

Upon dividing the House, the Speaker is to nominate two of those that are in the Affirmative, and two of the Negatives, to count the House; which four (each of them having a Staff in his hand) are to count the number of the Persons who re∣main sitting in the House, and then to stand within the Door, two on the one side and two on the other, and to count the Number of them who went forth as they come in.

While the House is thus divided or di∣viding, no Member may speak, nor (un∣less it be to go forth upon the Division) remove out of his place.

When the House is thus told, those two of the Tellers who are of the number of those who have the major Votes, stand∣ing on the right hand, and the two others on the left at the Bar, (the rest being all set in their places) are to come from thence up to the Table together, (making the usual Obeysance to the House three times; once at the Bar, again in the mid∣dle of the House, and again when they are come to the Table) And that person who stands on the right hand, is to declare to

the Speaker the number of the Yea's (who sate or went out as the Case is) and of the No's: and then with like reverence to depart into their places; after which, Mr. Speaker is to report the same to the House.

If the Affirmatives have the major Votes by the judgement of the Speaker, or (in case of division) upon the division, the Clerk is to enter the Vote, Resolved. If the Negatives, then he is to enter it thus; The Question being put (setting down the Words of the Question) It pas∣sed in the Negative.

Upon the division, if the Members ap∣pear to be equal, then the Speaker is to declare his Vote, whether he be a Yea or a No, which in this Case is the casting Voice; but in other Cases, the Speaker gives no Vote.

1. Maii, 1606. A Question was mo∣ved, whether a Man saying Yea, might afterwards sit and change his Opinion; and a President was remembred by Mr. Speaker (Sir Edward Phelips) of Mr. Morris Attorney of the Wards, in 39. Elizab. that in like Case changed his Opinion.

If upon a Debate it be much contro∣verted,

and much be said against the Que∣stion, any Member may move, That the Question may be first made, whether that Question shall be put, or whether it shall be now put; which usually is admitted at the instance of any Member, especially if it be seconded and insisted on; and if that Question being put, it pass in the Affirma∣tive, then the main Question is to be put immediately, and no man may speak any thing further to it, either to add or alter: But before the Question, whether the Question shall be put, any person who hath not formerly spoken to the main Question hath liberty to speak for it, or against it; because else he shall be pre∣cluded from speaking at all to it.

If in a Debate, there arise more Que∣stions then one, and it be controverted which Question should be first put; the Question first moved and seconded is re∣gularly to be first put, unless it be laid aside by general consent. If the first Question be insisted upon to be put, and the major part seem against it, the Questi∣on is to be, Whether that Question shall be now put; if that pass in the Negative, then the other Question may be put if desired: nevertheless, any person may

speak to it again before it be put. If in the Affirmative, then it is to be put with∣out any addition or alteration as before: And after that Question is put, if any Member move to have the other Questi∣on put, every one hath leave to speak to it again as if it were a new Question.

If a Matter be received into Debate, and a Question grow, whether the House shall proceed in that Debate at this time, and it fall out that the House be divided; in such Case the No's are to go forth, it being contrary to the course of the House, that any business should be laid aside till it be determined by a Question: If the Question be for an adjournment of a Debate, the Yea's are to go forth upon the same reason.

After a Question is propounded, no man may speak more then once to the Matter; but having spoken to the Matter, when the Question comes to be put, he may speak to the Maner or Words of the Question, keeping himself to that onely, and not ravelling into the Merits of it.

If a Question upon a Debate contain more parts then one, and Members seem to be for one part and not for the other, it may be moved that the same may be

divided into two or more Questions: as, 2. Decembr. 1640. The Debate having been, whether the Election of two Knights for the County of Warwick were void; a Question was put, whether it should be two Questions: and that being Resolved in the Affirmative, the Questi∣ons were put severally, upon the Election of the one first, and then of the other.

No Member in his Discourse in the House may mention the name of any other Member then present, but to de∣scribe him by his Title or Addition; as, that Noble Lord, Worthy Knight; or by his Office, as, Judge, Scrjeant, Gentleman of the long or short Robe; or by his Place, as, the Gentleman near the Chair, near the Bar, on the other side; or thus, the Gentleman that spake last, or last save one, or the like.

During any Debate, any Member though he have spoken to the Matter, may rise up and speak to the Orders of the House, if they be transgressed, in case the Speaker do not; but if the Speaker stand up, he is first to be heard, and when he stands up, the other must sit down till the Speaker sit down. But if any person rise up to speak to the Orders of the

House in the midst of a Debate, he must keep within that Line, and not fall into the Matter it self; if he do, he may be taken down by the Speaker, or any other Mem∣ber, calling to the Orders of the House.

Whiles a Member is speaking to a De∣bate or Question, he is to be heard out and not taken down, unless by Mr. Speak∣er, in such Cases as you sinde therein ex∣pressed, or that he speak of such Matter as the House doth not think fit to admit.

24. Januar. 23. Eliz. Upon a Debate in the House, Mr. Carleton, endeavoring to speak contrary to the Sense of the House, was interrupted; and afterwards offering to speak again, saying with some repetition, That it was for the liberty of the House, the Speaker and the House did stay him.

April 1604. Agreed for a Rule of the House, He that digresseth from the Matter to fall upon the Person, ought to be suppres∣sed by the Speaker.

17. April 1604. Agreed for a general Rule, If any superfluous Motion or tedious Speech be offered in the House, the party is to be directed and ordered by the Speaker.

2. Maii 1610. A Member speaking,

and his Speech seeming impertinent, and there being much Hissing and Spitting; It was conceived for a Rule, That Mr. Speaker may stay impertinent Speeches.

18. Maii 1604. It was Resolved, That eight ingrossed Bills should be read the next day half an hour after eight: The next day about that time, a Member en∣tring into a long discourse De mera side & sola side, &c. was interrupted, and the Question offered, whether he should go on in respect of the Order. But it was agreed for a Rule, If any man speak not to the Matter in Question, the Speaker is to moderate.

14. April. 1604. In a Matter formerly proposed, touching the abuse of the Pur∣veyors, it was argued, Whether it were fittest to proceed by way of Petition to the King or by Bill: which was spoken to by Mr. Marten, Mr. Hoskins and others, and lastly by Sir Henry Jenkin, who was observed to mistake the Question; and therefore (to prevent the idle expence of time) was interrupted by Mr. Speaker, and thereupon a Rule conceived, That if any Man speak impertinently or be∣sides the Question in hand, it stands with the Orders of the House for Mr. Speaker

to interrupt him, and to know the pleasure of the House, whether they will further hear them.

A Matter upon Debate having been once finally determined by a Question, ought not to be again brought into dispute.

27. Martii, 1604. Sir Edward Coke Attorney-General, and Doctor Hone bring a Message from the Lords, desiring a Conference about the Case of Sir Fran∣cis Goodwyn: Upon this Message it was argued, That now the Judgement having passed the House, it could not nor ought to be reversed by them; and upon the Question it was Resolved, There should be no Conference.

In sapientum decretis non est litura.

2. April. 1604. A Vote having passed some days past, That no Conference should be admitted with the Lords, the same Question was again moved, but was carried in the Negative: And it was then urged for a Rule, That a Question being once made and carried in the Affirmative or Negative, cannot be questioned again, but must stand as the Judgement of the House.

In the Answer of the Commons House

of Parliament to King James his Objecti∣ons in Sir Francis Goodwyn's Case, 3. A∣pril. 1604. The Objection being that they refuse Conference with the Lords.

The Answer is in these words, Con∣cerning our refusing Conference with the Lords, there was none desired until after our Sentence passed; and then we thought that in a Matter private to our own House, which by Rules of Order might not be by us revoked, we might without any imputation refuse to confer.