in general, in order to his being elected: on pain of being incapable to serve for that place in parliament. And if any money, gift, office, employment, or reward be given or promised to be given to any voter, at any time, in order to influence him to give or withhold his vote, as well he that takes as he that offers fuch bribe forfeits 500l, and is for ever difabled from voting and holding any office in any corporation; unlefs, before conviction, he will discover fome other offender of the fame kind, and then he is indemnified for his own offences. The first inftance that occurs, of election bribery, was fo early as 13 Eliz. when one Thomas Longe (being a fimple man and of fmall capacity to serve in parliament) acknowleged that he had given the returning officer and others of the borough for which he was chofen four pounds to be returned member, and was for that premium elected. But for this offence the borough was amerced, the member was removed, and the officer fined and imprisoned'. But, as this practice hath fince taken much deeper and more univerfal root, it hath occafioned the making of these wholesome ftatutes; to complete the efficacy of which, there is nothing wanting but refolution and integrity to put them in ftrict execution.

UNDUE influence being thus (I wish the depravity of mankind would permit me to say, effectually) guarded against, the election is to be proceeded to on the day appointed; the sheriff or other returning officer firft taking an oath against bribery, and for the due execution of his office. The candidates likewife, if required, muft fwear to their qualification; and the electors in counties to theirs; and the electors both in counties and boroughs are alfo compellable to take the oath of abjuration and that against bribery and corruption. And it might not be amifs, if the members elected were bound to take the latter oath, as well as the former; which in all probability would be much more effectual, than adminiftering it only to the electors. THE election being clofed, the returning officer in boroughs returns his precept to the fheriff, with the perfons elected by In like manner the Julian law de ed another offender, he was restored to ambitu inflicted fines and infamy upon his credit again. Ff. 48. 14. 1. all who were guilty of corruption at elections; but, if the person guilty convict

t

4 Inft. 23. Hale of parl 112. Com. journ. 10 & 11 May 1571.

the

the majority: and the sheriff returns the whole, together with the writ for the county and the knights elected thereupon, to the clerk of the crown in chancery; before the day of meeting, if it be a new parliament, or within fourteen days after the election, if it be an occafional vacancy; and this under penalty of 500l. If the fheriff does not return fuch knights only as are duly elected, he forfeits, by the old ftatutes of Henry VI, 100/; and the returning officer in boroughs for a like falfe return 40/; and they are befides liable to an action, in which double damages fhall be recovered, by the later statutes of king William and any perfon bribing the returning officer fhall alfo forfeit 300l. But the members returned by him are the fitting members, until the houfe of commons, upon petition, fhall adjudge the return to be falfe and illegal. The form and manner of proceeding upon such petition are now regulated by ftatute 10 Geo. III. c. 16. (amended by 11 Geo, III. c. 42. and made perpetual by 14 Geo. III. c. 15.) (a) which directs the method of chufing by lot a felect committee of fifteen members, who are fworn well and truly to try the fame, and a true judgment to give according to the evidence. And this abftract of the proceedings at elections of knights, citizens, and burgeffes, concludes our inquiries into the laws and customs more peculiarly relative to the house of commons.

VI. I PROCEED now, fixthly, to the method of making laws; which is much the fame in both houfes: and I fhall touch it very briefly, beginning in the house of commons. But first I must premise, that for difpatch of business each house of parliament has its speaker. The fpeaker of the house of lords, whofe office it is to prefide there, and manage the formality of business, is the lord chancellor, or keeper of the king's great feal, or any other appointed by the king's commiflion: and, if none be fo appointed, the houfe of lords (it is faid) may elect. The speaker of the house of commons is chosen by the house; but must be approved by the king. And herein the ufage of the two houfes differs, that the speaker of the house of commons cannot give his opinion or argue any question in the houfe; but the fpeaker of the houfe of lords, if a lord of parliament, may. In each houfe the act of the majority binds (a) and further regulated by 28 Geo. III., c. 52. M 3

the

the whole; and this majority is declared by votes openly and publicly given: not as at Venice, and many other fenatorial affemblies, privately or by ballot. This latter method may be ferviceable, to prevent intrigues and unconstitutional combinations but is impoffible to be practiced with us; at least in the houfe of commons, where every member's conduct is fubject to the future cenfure of his conftituents, and therefore fhould be openly fubmitted to their infpection.

To bring a bill into the house, if the relief fought by it is of a private nature, it is first neceffary to prefer a petition; which must be presented by a member, and ufually fets forth the grievance defired to be remedied. This petition (when founded on facts that may be in their nature difputed) is referred to a committee of members, who examine the matter alleged, and accordingly report it to the house; and then (or, otherwise, upon the mere petition) leave is given to bring in the bill. In public matters the bill is brought in upon motion made to the house, without any petition at all. Formerly, all bills were drawn in the form of petitions, which were entered upon the parlia ment 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 mistakes and abuses, the statutes were drawn up by the judges before the end of the parliament; and, in the reign of Henry VI, bills in the form of acts, according to the modern custom, were first introduced.

THE perfons directed to bring in the bill, prefent it in a competent time to the house, drawn out on paper, with a multitude of blanks, or void fpaces, where any thing occurs that is dubious, or neceffary to be fettled by the parliament itfelf; (fuch, especially, as the precife date of times, the nature and quantity of penalties, or of any fums of money to be raifed) being indeed only the fceleton 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 examine and report the ftate of the facts alleged, to fee that all neceffary

See, among numberlefs other inftances, the articuli cleri, 9 Edw. II.

parties

parties confent, and to fettle all points of technical propriety. This is read a first time, and at a convenient distance a fecond time; and after each reading the fpeaker opens to the houfe the fubftance of the bill, and puts the queftion, whether it fhall proceed any farther. The introduction of the bill may be originally oppofed, as the bill itself may at either of the readings; and, if the oppofition fucceeds, the bill must be dropped for that feffion: as it must also, if opposed with succefs in any of the subsequent stages.

AFTER the fecond reading it is committed, that is, referred to a committee; which is either felected by the house in matters of fmall importance, or elfe, upon a bill of confequence, the houfe refolves itself into a committee of the whole houfe. A committee of the whole houfe is compofed of every member; and, to form it, the fpeaker quits the chair, (another member being appointed chairman) and may fit and debate as a private member. In thefe committees the bill is debated 'claufe by clause, 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 house with fuch amendments as the committee have made; and then the house reconfiders the whole bill again, and the queftion is repeatedly put upon every claufe and amendment. When the house hath agreed or difagreed to the amendments of the committee, and fometimes added new amendments of it's own, the bill is then ordered to be engroffed, or written in a strong grofs hand, on one or more long rolls (or preffes) of parchment fewed together. When this is finished, 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 feparate piece of parchment on the bill, which is called a ryder ". The speaker then again opens the contents; and, holding it up in his hands, puts the queftion, whether the bill fhall pafs. If this is agreed to, the title to it is then fettled; which used to be a general one for all the acts paffed in the feffion, till in the first year of Henry VIII diftin&t titles were introduced for each chapter. After this, one of the members is directed to carry it to the lords, and defire their

concurrence; who, attended by feveral more, carries it to the bar of the house of peers, and there delivers it to their fpeaker, who comes down from his woolfack to receive it.

IT there paffes through the fame forms as in the other houfe, (except engroffing, which is already done) and, if rejected, no more notice is taken, but it passes fub filentio, to prevent unbecoming altercations. But if it is agreed to, the lords fend a meffage by two mafters in chancery (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; who for the most part settle and adjust the difference: but, if both houses 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 meffage to acquaint them therewith. The fame forms are obferved, mutatis mutandis, when the bill begins in the houfe of lords. But, when an act of grace or pardon is paffed, it is firft figned by his majesty, and then read once only in each of the houses, without any new engroffing or amendment". And when both houses have done with any bill, it always is depofited in the house of peers, to wait the royal affent; except in the cafe of a bill of fupply, which after receiving the concurrence of the lords is fent back to the houfe of commons *.

THE royal affent may be given two ways: 1. In perfon; when the king comes to the house of peers, in his crown and royal robes, and fending for the commons to the bar, the titles of all the bills that have paffed both houses are read; and the king's anfwer is declared by the clerk of the parliament in Norman-French: a badge, it must be owned, (now the only one remaining) of conqueft; and which one could with to fee fall into total oblivion, unless it be referved as a folemn memento to remind us that our liberties are mortal, having once been dew D'ewes journ. 20. 73 Com. journ. * Com. journ. 24 Jul. 1660. 17 June 1747.

ftroyed