n, 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 occasional
vacancy; and this under penalty of 500_l_. If the sheriff does not
return such knights only as are duly elected, he forfeits, by the old
statutes of Henry VI, 100_l_; and the returning officer in boroughs
for a like false return 40_l_; and they are besides liable to an
action, in which double damages shall be recovered, by the later
statutes of king William: and any person bribing the returning officer
shall alio forfeit 300_l_. But the members returned by him are the
sitting members, until the house of commons, upon petition, shall
adjudge the return to be false and illegal. And this abstract of the
proceedings at elections of knights, citizens, and burgesses,
concludes our enquiries into the laws and customs more peculiarly
relative to the house of commons.
VI. I PROCEED now, sixthly, to the method of making laws; which is
much the same in both houses: and I shall touch it very briefly,
beginning in the house of commons. But first I must premise, that for
dispatch of business each house of parliament has it's speaker. The
speaker of the house of lords is the lord chancellor, or keeper of the
king's great seal; whose office it is to preside there, and manage the
formality of business. The speaker of the house of commons is chosen
by the house; but must be approved by the king. And herein the usage
of the two houses differs, that the speaker of the house of commons
cannot give his opinion or argue any question in the house; but the
speaker of the house of lords may. In each house the act of the
majority binds the whole; and this majority is declared by votes
openly and publickly given: not as at Venice, and many other
senatorial assemblies, privately or by ballot. This latter method may
be serviceable, to prevent intrigues and unconstitutional
combinations: but is impossible to be practiced with us; at least in
the house of commons, where every member's conduct is subject to the
future censure of his constituents, and therefore should be openly
submitted to their inspection.
TO bring a bill into the house, if the relief sought by it is of a
private nature, it is first necessary to prefer a petition; which must
be presented by a member, and usually sets forth the grievance desired
to be remedied. This petition (when founded on facts that may be in
their na
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