615 
PARLIAMENT. 
Operation as if they were in fa6l a majority. Lords' Journ. 
25 June, 1661. Hence the order in putting the queftion, 
on appeals and writs of error, is this “Is it your lord- 
. .hips’ pleafure, that this decree or judgment (hould be re- 
verfed ?” for, if the votes are equal, the judgment of the 
court below is affirmed. 
The Speaker of the lioufe of commons is not allowed to 
perfuade or difl'uade in paffing a bill, only to make a 
ffiort narrative of it; opening the parts of the bill, fo 
that all may underftand it; if any queftion be upon the 
bill, he is to explain, but not enter into argument or dif- 
pute. When Mr. Speaker defires to fpeak, he is to be 
heard without interruption ; and, when the Speaker Hands 
up, the member {landing up is to fit down : if two (land 
up to fpeak to a bill, he who would fpeak againjl the bill, 
if it be know’n, is to be firft heard ; otherwife he who was 
firft up, which is to be determined by the Speaker. 
To bring a bill into the hcufe, if the relief fought by 
it is of a private nature, it is firft neceflary to prefer a pe¬ 
tition ; which muft be prefented by a member, and 
ufually fets forth the grievance defired to be remedied. 
This petition (when founded on fadls that may be in 
their nature difputed) is referred to a committee of mem¬ 
bers, who examine the matter alleged, and accordingly 
report it to the houfe ; and then (or, otherwife, upon the 
mere petition) leave is given to bring in the bill. In pub¬ 
lic matters, the bill is brought in upon motion made to 
the houfe, without any petition at all. Formerly, all 
bills were drawn in the form of petitions, which were en¬ 
tered upon the parliament-rolls, with the king’s anfwer 
thereunto fubjoined; not in any fettled form of words, 
but as the circumftances of the cafe required : and at the 
end of each parliament the judges drew them into the 
form of a ftatute, which was entered on the ftatute-rolls. 
In the reign of Henry V. to prevent miftakes and abufes, 
the ftatutes were drawn up by the judges before the end 
of the parliament; and, in the reign of Henry VI. bills 
in the form of adts, according to the modern cuftora, 
were firft introduced. 
Any member may move for a bill to be brought in, ex¬ 
cept :t be for impofing a tax, which is to be done by order 
of the houfe ; and, leave being granted, the perfon ma¬ 
king the motion, and thofe who fecond it, are ordered to 
prepare and bring in the fame. 
Public bills, or adts of parliament, are commonly 
drawn, fuch as relate to taxes, or other matters of govern¬ 
ment, by the feveral public boards, according to their 
refpedtive jurifdidlions ; others by fuch members of the 
houfe of commons as aremoft inclined to effedt the good 
of the public, particularly in relation to the bill defigned, 
taking advice thereupon ; and adts for the revival, repeal, 
or continuance, of ftatutes, are penned by lawyers, mem¬ 
bers of the houfe, appointed for that purpofe. 
The perfons diredted to bring in the bill, prefent it 
in a competent time to the houfe, drawn out on paper, 
with a multitude of blanks, or void fpaces, where any 
thing occurs that is dubious, or neceflary to be fettled 
by the parliament itfelf; (fuch, efpecially, as dates, the 
nature and quantity of penalties, or any fuins of money 
to be railed ; ) being indeed only the fkeleton of the bill. 
In the houfe of lords, if the bill begins there, it is (when 
of a private nature) referred to two of the judges ; to ex¬ 
amine and report the ftate of the fadts alleged, to fee 
that all neceflary parties confent, and to fettle all points 
of technical propriety. This is read a firft time, and at 
a convenient diftance a fecond time; and, after each read¬ 
ing, the Speaker opens to the houfe the fubftance of the 
bill, and puts the queftion whether it ffiall proceed any 
farther. The introducing of the bill may be originally 
oppofed, as the bill itfelf may at either of the readings ; 
and, if the oppofition fucceeds, the bill muft be dropped 
for that feffion ; as it muft alfo, if oppofed with fuccefs 
in any of the fubfequent ftages. 
After the fecond reading, it is committed, that is, re¬ 
ferred to a committee; which is either feledted by the 
houfe in matters of fmall importance, or elfe, upon a 
bill of confequence, the houfe refolves itfelf into a com¬ 
mittee of the whole houfe. A committee of the whole 
houfe is compofed of every member; and, to form it, 
the Speaker quits the chair, (another member being ap¬ 
pointed chairman,) and may fit and debate as a private 
member. In tliefe committees the bill is debated claufe 
by claufe, amendments made, the blanks filled up, and 
fometimes the bill entirely new-modelled. After it has 
gone through the committee, the chairman reports it to 
the houfe, with fuch amendments as the committee have 
made; and then the houfe re-confiders the whole bill 
again, and the queftion is repeatedly put, upon every 
claufe and amendment. When the houfe hath agreed or 
difagreed to the amendments of the committee, and fome¬ 
times added new amendments of its own, the bill is then 
ordered to be engrofi'ed, or written in a ftrong grofs 
hand, on one or more long rolls (or prefles) of parchment, 
fevved together. When this is finifhed, it is read a third 
time, and amendments are fometimes then made to it; 
and, if a new claufe be added, it is done by tacking a fe- 
parate piece of parchment on the bill, which is called a 
rider. The Speaker then again opens the contents; and, 
holding it up in his hands, puts the queftion, whether 
the bill fiiall pafs. If this is agreed to, the title of it is 
then fettled ; which ufed in ancient times to be a general 
one for all the a£ts pafled in the feffion : diftindl titles for 
each chapter were not, it feems probable, introduced 
with much regularity before the time of Henry VII. Af¬ 
ter this, one of the members is diredted to carry the bill 
to the lords, and defire their concurrence; who, at¬ 
tended by feveral more, carries it to the bar of the houfe 
of peers, and there delivers it to their Speaker, who 
comes down from his woolfackto receive it. 
It there pafl'es through the fame forms as in the other 
houfe, (except engrofling, which is already done;) and, 
if rejected, no more notice is taken, but it pafl'es fob filen- 
tio, to prevent unbecoming altercations. But, if it is 
agreed to, the lords fend a meflage by two matters in chan¬ 
cery, (or, upon matters of high dignity or importance, by 
two of the judges,) that they have agreed to the fame : 
and the bill remains with the lords, if they have made no 
amendment to it. But, if any amendments are made, fuch 
amendments are fent down with the bill to receive the 
concurrence of the commons. If the commons difagree 
to the amendments, a conference ufually follows between, 
members deputed from each houfe; thefe meet in the 
Painted Chamber and debate the matter, and for the moffc 
part fettle and adjuft the difference ; but, if both houfes 
remain inflexible, the bill is dropped. If the commons 
agree to the amendments, the bill is fent back to the 
lords by one of the members, with a meflage to acquaint 
them therewith. The fame forms are obferved, mutatis 
mutandis, when the bill begins in the houfe of lords. But, 
when an aft of grace or pardon is pafled, it is firft fignecl 
by his majefty, and then read once only in each of the 
houfes, without any new engrofling or amendment. 
When both houfes have done with any bill, it is always 
depofited in the houfe of peers to wait the royal alient; 
except in the cafe bf a bill of fupply, which, after receiv¬ 
ing the concurrence of the lords, is fent back to the 
houfe of commons. 
In cafes of private bills, when the petition is read, and 
leave given to bring in the bill, the perfons concerned and 
aft'efted by it may be heard by themfelves or counfel at 
the bar, or before the committee to whom fuch bill is 
referred; and, in cafe of a peer, he ftiall be admitted to 
come within the bar of the houfe of commons, and fit 
covered on a ftoofwhilft the fame is debating. And after 
counfel are heard on both tides, and the houfe is fatisfied 
with the contents of the bill, it goes through the feveral 
forms. 
The Royal Affent may be given two ways: 1. In per¬ 
fon ; when the king comes to the houfe of peers, in his 
crown and royal robes, and, fending for the commons 
to 
