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 occaſional vacancy; and this under penalty of 500l. If the ſheriff does not return ſuch knights only as are duly elected, he forfeits, by the old ſtatutes of Henry VI, 100l; and the returning officer in boroughs for a like falſe return 40l; 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 alſo forfeit 300l. 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, whoſe office it is to preſide there, and manage the formality of buſineſs, is the lord chancellor, or keeper of the king’s great ſeal, or any other appointed by the king’s commiſſion: and, if none be ſo appointed, the houſe of lords (it is ſaid) may elect. 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, if a lord of parliament, may. In each houſe the act of the majority binds the whole; and this majority is declared by votes openly and publicly 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
