Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/197

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Ch. 2.
of Persons.
181

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 lets forth the grievance deſired to be remedied. This petition (when founded on facts that may be in their nature diſputed) 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 parliament rolls, with the king’s anſwer thereunto ſubjoined; not in any ſettled form of words, but as the circumſtances of the caſe required[1]: and at the end of each parliament the judges drew them into the form of a ſtatute, which was entered on the ſtatute-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 perſons, directed to bring in the bill, preſent 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 neceſſary to be ſettled by the parliament itſelf; (ſuch, eſpecially, as the preciſe date of times, the nature and quantity of penalties, or of any ſums of money to be raiſed) being indeed only the ſceleton of the bill. In the houſe 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,

  1. See, among numberleſs other inſtances, the articuli cleri, 9 Edw. II.
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