Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/196

180 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 occaional vacancy; and this under penalty of 500l. If the heriff does not return uch knights only as are duly elected, he forfeits, by the old tatutes of Henry VI, 100l; and the returning officer in boroughs for a like fale return 40l; and they are beides liable to an action, in which double damages hall be recovered, by the later tatutes of king William: and any peron bribing the returning officer hall alo forfeit 300l. But the members returned by him are the itting members, until the houe of commons, upon petition, hall adjudge the return to be fale and illegal. And this abtract of the proceedings at elections of knights, citizens, and burgees, concludes our enquiries into the laws and cutoms more peculiarly relative to the houe of commons.

VI.&ensp; now, ixthly, to the method of making laws; which is much the ame in both houes: and I hall touch it very briefly, beginning in the houe of commons. But firt I mut premie, that for dipatch of buines each houe of parliament has it’s peaker. The peaker of the houe of lords, whoe office it is to preide there, and manage the formality of buines, is the lord chancellor, or keeper of the king’s great eal, or any other appointed by the king’s commiion: and, if none be o appointed, the houe of lords (it is aid) may elect. The peaker of the houe of commons is choen by the houe; but mut be approved by the king. And herein the uage of the two houes differs, that the peaker of the houe of commons cannot give his opinion or argue any quetion in the houe; but the peaker of the houe of lords, if a lord of parliament, may. In each houe 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 enatorial aemblies, privately or by ballot. This latter method may be erviceable, to prevent intrigues and uncontitutional combinations: but is impoible to be practiced with