And herein the ufage of the two houfes differs, that the Speaker of the house of commons cannot give his opinion or would pardon feveral perfons who had been convicted in impeach. ments. And there he is not mentioned, as if his office was a novelty. (57) Sir Edward Coke, upon being elected fpeaker in 1592, in his addrefs to the throne declared, "this is only as yet a nomination, "and no election, until your majesty giveth allowance and approba"tion." (2 Hatf. 154.) But the houfe of commons at prefent would fcarce admit their fpeaker to hold fuch language. Till fir Fletcher Norton was elected fpeaker, 29th Nov. 1774, every gentleman who was propofed to fill that honourable office, affected great modefty, and if elected, was almoft forced into the chair, and at the fame time he requested permiffion to plead, in another place, his excufes and inability to difcharge the office, which he ufed to do upon being prefented to the king. But fir Fletcher Norton was the first who difregarded this ceremony both in the one houfe and in the other. His fucceffors Mr. Cornewall and Mr. Addington, requested to make excufes to the throne, but were refused by the house, though Mr. Addington, in the beginning of the prefent parliament, 26th Nov. 1790, followed the example of fir Fletcher Norton, and intimated no wish to be excused. (See 1 Woodd. 59.) Sir John Cust was the laft fpeaker who addreffed the throne in the language of diffidence, of which the following fentence may ferve as a specimen: "I can now be an humble fuitor to your majefty, that you "would give your faithful commons an opportunity of rectifying "this the only inadvertent step which they can ever take, and "be graciously pleased to direct them to prefent fome other to your "majefty, whom they may not hereafter be forry to have chofen, "nor your majefty to have approved." (6 Nov. 1761.) The chancellor used to reply in a handfome fpeech of compliment and encouragement, but now he fhortly informs the commons that his majefty approves of their fpeaker, who claims the antient privileges of the commons, and then they return to their own house. Some speakers upon this occafion have acquired great honour and distinction, particularly Thomas Nevile, germanus frater domini Burgavenny, qui ele&tus prelocutor per communes facræ regiæ majeftati eft præfentatus, et ita egregiè, eleganter, prudenter, et difertè in negotio fibi commiffo fe geffit, ut omnium præfentium plaufu et lætitia, maxi argue any queftion in the houfe; but the fpeaker of the houfe of lords, if a lord of parliament, may. In each house the act of the majority (58) binds the whole; and this majority is declared by votes openly and publicly given: not as mam fibi laudem comparavit, cujus laudi facra regia majeftas non modicum eximium honoris cumulum adjecit, nam præfentibus et videntibus dominis fpiritualibus et temporalibus et regni communibus eum equitis aurati honore et dignitate ad laudem Dei et fancti Georgii infignivit, quod nemini mortalium per ulla ante fæcula contigiffe audivimus. 6 Hen. VIII. 1 Lords' Journ. 20. (58) In the houfe of commons the fpeaker never votes but when there is an equality without his cafting vote, which in that cafe creates a majority; but the speaker of the house of lords has no cafting vote, but his vote is counted with the rest of the house; and in the cafe of an equality, the non-contents or negative voices have the fame effect and operation as if they were in fact a majority. (Lords' Journ. 25 June, 1661.) Lord Mountmorres fays, that the house of lords in Ireland obferves the fame rule; and that in cafes of equality, femper præfumitur pro negante. (1 Vol. 105.) Hence the order in putting the question in appeals and writs of error is this: "Is it your lordships' pleafure that this decree or "judgment fhall be reverfed;" for if the votes are equal, the judgment of the court below is affirmed. (1b. 2 Vol. 81.) Here it may not be improper to obferve that there is no cafting voice in courts of justice; but in the fuperior courts if the judges are equally divided, there is no decifion, and the cause is continued in court till a majority concur. At the feffions the juftices, in cafe of equality, ought to refpite the matter till the next feffions; but if they are equal one day, and the matter is duly brought before them on another day in the fame feflions, and if there is then an inequality, it will amount to a judgment; for all the time of the feffions is confidered but as one day. A cafting vote fometimes fignifies the fingle vote of a perfon, who never votes but in the cafe of an equality; fometimes the double vote of a perfon, who firft votes with the reft, and then, upon an equality, creates a majority by giving a fecond vote. A cafting vote neither exifts in corporations or elsewhere, unless it is exprefsly given by ftatute or charter, or, what is equivalent, exifts by immemorial ufage. 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 practifed with us; at leaft in the houfe of commons, where every member's conduct is fubject to the future cenfure of his conftituents, and therefore should 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 firft neceflary to prefer a petition; which must be presented by a member, and usually sets forth the griev ance 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 (59), which were entered upon the par (59) The commons for near two centuries continued the style of very humble petitioners. Their petitions frequently began with "your poor commons beg and pray," and concluded with "for "God's fake, and as an act of charity :"-Vos poveres communes prient et supplient, pur Dieu et en ocvre de charitè. (Rot. Parl. passim.) It appears that prior to the reign of Hen. V. it had been the practice of the kings to add and enact more than the commons petitioned for. In confequence of this there is a very memorable petition from the commons in 2 Hen. V. which states that it is the liberty and freedom of the commons that there fhould be no ftatute without their affent, confidering that they have ever been as well affenters as petitioners, and therefore they pray that for the future there may be no additions or diminutions to their petitions. And in anfwer to this the king granted that from henceforth they should be bound in no inftance without their affent, faving his royal perogative to grant and deny what he pleased of their petitions. (Ruff. Pref. xv. Rot. Parl. 2 Hen. V. n zz). It was long after its creation, or rather separation from the barons, before the house of commons was confcious of it's own ftrength and dignity; and fuch was 182 liament rolls, with the king's answer 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 spaces, where any thing occurs that is dubious, or neceffary to be fettled by the parliament itself; (such, especially, as the precise date of times, the nature and quantity of penalties, or of any fums of money to be raised) 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 state of the facts alleged, to fee that all neceffary 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 speaker opens to the house the substance 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 session: as it must also, if opposed with fuccefs in any of the fubfequent stages. ↑ See, among numberlefs other inftances, the orticuli cleri, 9 Edw. II. their modefty and diffidence, that they used to request the lords to fend them fome of their members to inftruct them in their duty," on account of the arduoufness of their charge, and the fee"bleness of their own powers and understandings:”—pur l'ardujtè de lour charge, et le feoblefce de lour poiars et fens. (Rot. Parl. 1 R. II. n° 4.) 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 house refolves itself into a committee of the whole houfe. A committee of the whole houfe is composed 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 claufe, amendments made, the blanks filled up, and fometimes the bill entirely new modelled. After it [183] has gone through the committee, the chairman reports it to the house with such amendments as the committee have made; and then the houfe 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 fpeaker 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 diftinct 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 house, (except engroffing, which is already done,) and, if rejected, no more notice is taken, but it paffes fub filentio, Noy. 84. to |