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A14575 The order and vsage of the keeping of a parlement in England, and The description of tholde and ancient cittie of Fxcester [sic]. Collected by Iohn Vovvel alias Hooker gentleman; Order and usage of keeping of the parlements in England Hooker, John, 1526?-1601.; Hooker, John, 1526?-1601. Discription of the cittie of Excester. aut 1575 (1575) STC 24887; ESTC S119300 57,649 106

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as for the time and matter sufficient The imperfections if any be I wil heer after as occasion shall serue supply and amend in the meane time hauing ioyned the same vnto this and thinking it moste meet to be offred vnto you I doo moste humbly pray you accept the same in good parte The Lord God from whome commeth what so euer is good and who directeth the councels of the Iust and prospereth the diuices of the godly send his holy spirit vpon you that you liuing in the feare of him may hate iniquitie abhorre couetousnes and without affection giue iust Iudgements and in all trueth equitie and iustice gouerne rule and direct the people ouer whome he hath made you the gouerners and Rulers whereby his name may be glorified the common welth prospered and you at length sitting with the xxiiij Elders may be crowned with them and inioy that peace and blessing whiche is prepared for such as execute iustice and giue true Iudgements Post mortem Vita The olde and auncient order of keeping of the Parlement in England vsed in the time of King Edward the confessor FIrst the monicion or summons of the Parlement ought to be made or doon forty dayes before the beginning of the Parlement The Summons of the Spiritualtie ALl Bishops Abbots Priors and all other great Clarks that holde by countie or barony by reason of their holding ought to be monished and also to come to the Parlement and none other inferiours of the Clergie vnlesse their presence were profitable and necessary for the Parlement And to those the King is bound to giue their costꝭ comming abiding at the Parlemēt and such inferiour Clarks not to be monished to come to the Parlement But the king was accustomed to send his writs vnto such discrete men desiring them to come and be at the Parlement Also the King was accustomed to send his monicions or summons to the Archbishops Bishops and other exempt persons that is to say Abbots Priors Deanes and other ecclesiastical persons that haue iurisdiction by such exemption and distinct priuiledges that they for euery Deanry and Archdeconry through England should elect and choose or cause to be elected chosen two discrete and wise proctors of their owne Archdeconry whiche should come and be at the parlement there to sustain and alow and to doo that thing that euery man of their Deanry or Archdeaconry might doo if they weer there in proper persons those Proctors so sent for the Clergie should bring with them their double proxies sealed with double seales of their superiours The one of the proxies to remain with the Clarks of the Parlement and thother to remain with the said proctors and vnder this maner the Clergie ought to be called to the Parlement The summons of the Temporaltie ALso all and euery Earle Baron and their péeres that is to say that haue lands and rents to the value of an Earldome or of a whole Barony that is to say xx knights fées euery fée contayning .xx. pound land which amounteth to iiij hundred pound in the whole or to the value of an whole Barony that is to say xiij fées and the third parte of a knights fée euery fée accounted at xx pound which amounteth in the whole to iiij hundred Marks And no inferior persons of the Temporaltie shall come to the Parlement by reason of his holde vnlesse his presence be necessary and profitable and they to be ordred for their charges at the kings costs as is spoken of before of the inferior Clerks The summons of the Barons of the fiue Portes ALso the King ought to send his writs to the warden of the fiue portes that he should cause to be elected or chosen for euery of the said portes two discrete wise Barons that should come and be present at the Parlement there to answere sustain aledge and doo all things concerning the said parlement aswel as if all and euery of the Barons were there personally And these Barons so elect and chosen shall bring with them their double proxies double sealed with the common seal of the port The one therof to be deliuered to the Clarkes of the Parlement and the other to remain with the said Barons so chosen and elected And when it shall chaunce the said Barons licence obteyned to departe they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their resonable expences doon from the first of their comming to the Parlement vntil the time of their departing and comming home to be leuied of the comminaltie of euery party hauing expresse mention made in the writ from the said first day of their comming vntil the time of their licence obteyned and it was accustomed that mention should be made in the said writ what euery Baron should take of the cōmons for a day that is to say some more some lesse a consideration and respect had to the honestest for their tarying labours expences and it was not accustomed that any certain sum was limitted by the said Court. Of the knights of the Parlement ALso the king was accustomed to send his writꝭ to all the Shirifs within the Realme that they should cause to be chosen two honest wise and discrete knights for euery Shéere to come to the Parlement with such proxies as is before spoken of the Barons of the fiue portes But for the expences of the said two knights for euery shéere was not accustomed to be graunted abooue .xiij. shillings .iiij. pence for a day Of the Citizens of the Parlement IN the like the Maior of London and the Shiriffes The Maior and Baliffes or the Maior and Citizens of York and all other Cittyes were wunt to be warned that they for the comminaltie of their cittyes should elect choose two discrete honest wise Citizens to come and be at the Parlement vnder the fourme as is spoken of before of the Barons and of the knights of the shéere And the said Citizens were accustomed to be like and equall in their expences for comming abiding and returning to and from the Parlement as are the knights Of the Burgesses of the Parlement IN like manner the Bayliffes and wise men of the Boroughes were accustomed and ought to be warned that they should choose two discrete honest and wise Burgesses of them selues and by thē to come and be at the Parlement in like maner as is spoken of the Citizens But it was not accustomed that twoo Burgesses should haue for their charges abooue x. shillings sometime not abooue vj. shillings .viij. pence and that should be taxed by the Court after the habilitie of the borough and the honestie of the Burgesses Of the two principall Clarkes of the Parlement ALso two principall Clarkes of the Parlement shall sit in the midst of the Iustices which shall inrolle all plaintes and matters of the Parlement And it is to be knowen that these twoo Clarkes be not subiect to
it is to be noted that the two principall Clarks of the Parlement for the King and his Councel and other secondary Clarks of whom and of whose office mencion shal be héerafter made The chéef Cryer of England with his deputies and the chéef Porter of England howbeit these two offices were accustomed to be occupyed by one person these ought to be there the first day of the Parlement The Lord Chaunceler of England the Treasurer the Chamberlain the Barons of the Eschequer the Iustices all the kings Clarks and knights with Sergeants at the Law of the kings retinew or fée ought to be there the second day vnlesse they haue a resonable impediment or let Of the beginning of the Parlement THe King ought to be in the Parlement the first day and should sit in the midst of the high bench The sixt day the Chaunceller the Treasurer the Barons of the Eschequer and the Iustices were accustomed to recorde the defaults doon in the Parlemēt in forme folowing The first day they must call all the Citizens and Burgesses of all England and for lack of their apparaunce a Citty shal be amerced in a C. pound and a borough a C. markꝭ The second day they shall call knights of Shéeres and in default of their apparance the shéere shal be amerced a C. poūd The third day the Barons of the fiue portes after them th' other Barons and then the Earles and for lack of apparance of euery Baron they shal be amerced a C. markꝭ and of an Erle a C. pound the like shal be doon to them that be Earles and Barons Péeres that is to say as haue Lands and rents to the yéerly value of an Earledome or of a barony as is before expressed The fourth day the Proctors of the Clergie shal be called and for lack of their apparance their Bishops shal be amerced a C. marks for euery Archdeaconry that maketh default The fifth day Deanes Priors Abbots Bishops and Archbishops and for lack of apparaunce of an Archbishop he shal be amerced a C. pound a Bishop an Abbot and a Prior whiche holde an whole barony a C. marks Of the Proclamations THe first day of the Parlement proclamation shal be made first in the Hall or in the Monastery or some other open place where the Parlement shal be holden or kept and after in the Citty or Town opēly that euery man hauing Bil or Peticion to be eranuned or determined in the Parlement that is should be laid in within fiue dayes of the beginning of the parlement Of the preaching of the Parlement AN Archbishop or some famose discrete and eloquent Clark tobe assigned by the Archbishop in whose prouince the Parlement shal be kept and holden shall preach on the first of the fiue dayes in the ful Parlement in the Kings presence and he shall begin when all the Parlement or the moste parte shal be there assembled in his prison or prayer he shall require all the whole Parlement that they humbly beséech almightie God for the peace and tranquilitie of the King and Realme Of the Speaker of the Parlement AFter the Sermon doon the L. Chaunceller of England or the chéef Iustice elect shall stand declaring in the parlement house first generally and then specially the causes of the Parlement and wherfore the same is holden And it is to be noted that euery man the King excepted shall stand while the said Speaker dooth declare his matter to th'entent that euery man may hear him in cace he doo speak obscurely or darkly or so lowe that he cannot be heard he must begin again or els an other speak in his place What the King shall say after the Speaker hath doon THe King after the speaker hath declared the causes of the Parlement shall desire the Spiritualtie and the Temporaltie naming euery degrée that is to say Archbishops Bishops Abbots Priors Archdeacons proctors and others of the Clergie Earles Barons knights Citizens and Burgesses and others of the Temporaltie that they doo diligently studiously and loouingly indeuer them selues to examin pertract and handle the causes of the Parlement to the honor of God principally secondarely to the Kings honor and lastly to the welth of the Realme Of the Kings absence THe King ought dayly to be present in the Parlement vnlesse he be sick or diseased and then he may kéep his chamber so that he lodge not out of the manor or town where the Parlement is holden and then he ought to send for xij persons of the great estates that be monished or summoned to the Parlement wherof two to be Bishops two Earles two Barons two Knights two Citizens and two Burgesses to sée his person to certifie of his estate in their presence he ought to commit power to the Archbishop of the prouince to the Lord Steward and to the chéef Iustices that they ioyntly and seuerally shall begin and continew the Parlement in the Kings name making expresse mention in his commission of his disease to th' other estates and that the persons abooue named can expresse the same for it is a perilous cace and dangerous for the communaltie and Realme that the King should be absent from the Parlement but onely for bodely sicknes Of places and seates in the Parlement FIrst as it is before said the King shall sit in the midst of the bench vpon the right hand the Archbishop of Canterbury at his left hand the Archbishop of Yorke and then Bishops Abbots and Priors in order and then euery man in his degrée and amongst his péeres and that this order be kept the Lord Steward of England is bound to look vnto vnlesse the King assigne some other At the Kings righ foot the Chaunceller of England the chéef Iustice of England with his felowes and their Clarks that be of the Parlemēt And at his left foot shall sit the Treasurer the Chamberlain the Barons of the Eschequer the Iudge of the common place with their Clarks that been of the Parlement Of the porters of the Parlement THe chéef Porter of the Parlement shall stand within the great gate or Monastery hall or place wher the Parlement is holden and shall attend that no man enter into the Parlement except he be called for matters that he sheweth in the Parlement And it is expedient that the said Porter haue knowledge of euery mannes name that shall enter into the Parlement and if need require to haue many porters vnder him Of Cryers of the Parlement THe Cryer shall stand without the Parlement door and the Porter shall shew him when and what he shall call The king was accustomed to appoint his Sergeāts at armes to kéep the Parlement door that no thrust presse or noyse were made there by meanes wherof the Parlement might be letted and that such thrust preace or noyse might he auoyded and proclamation should be made that no person enterprise such things there vnder pain of imprisonment for by Law
the Parlement door should not be shut but he kept by the Porter or Sergeaunt at Armes Of the help for the King. THe King was not accustomed to demaūd help of his Realme but onely for war that was instant or for the creation of his Sonnes to bée made knights or his Daughters to be maryed and these helps ought to be demaunded in the ful Parlement and in writing to be deliuered vnto euery degrée and they in writing to make answere And if this help ought to be graunted then euery degrée of the Parlemēt should cōcent therto And it is to be knowen that two Knights or two Citizens or two Eurgesses whiche come to the Parlement in graunting or denying any thing demaunded in the Parlement haue more aucthoritie then the greatest Earle in England And in like cace two proctors for the Clergie in one diocesse haue more aucthoritie then their Bishops in things to be graunted or denyed in Parlement and the reason is this The King may holde his parlemēt for the communaltie of his Realme without Bishops Earles or Barons so that they haue lawful sūmons and come not for some time there was no Bishop Earle nor Baron and yet the King hid kéep his Parlemēt but of the contrary if the communaltie of the Clergie and of the Temporaltie be monished to the parlement as they ought to be by the Law and for certain causes they doo not or wilnot come as if they pretend that the King hath not ruled or gouerned them accordingly and doo therin expresse wherin he hath not ruled them accordingly in this cace the Parlement whiche the King holdeth with the Bishops Earles and Barons is of no effect and therfore in all things that are to be graunted ordayned established or broken by parlement the communaltie of the parlement of necessitie must concent therunto For in the cōmunaltie are conteyned iiij degrées of Parlement that is to say proctors of the Clergie Knights of Shéers Citizens of Cittyes and Burgesses of Townes these persons doo represent the whole cōmunaltie of England wher as th' other estates doo represent but their owne persons For billes and peticions of the Parlement THe Parlement ought not to bée ended whiles any peticion dependeth vndiscussed or at least to whome a determinate aunswere is not made and if the King permit the contrary hée is periured also no Péere of the Parlement shall departe from the same without licence obtayned of the King and of his péeres which licence is to be obteyned in open parlement and to be recorded in rolle of Parlement And if it happen any of the Péeres to be sick during the Parlement so that he cannot come to it then for thrée dayes he shall send his excuse to the Parlement but if after thrée dayes passed he come not then two of his péeres shal be sent to him to sée his person and therof to aduertise the Parlement and if any suspicion be had these two Péeres shal be sworne to testifie the very trueth and if it appéer he haue fained him self sick he then to be amerced as a fault for his not appéeraunce at the beginning of the Perlement and if he be sick then before then he shall make a sufficient to appéer in Parlement for him No person of the Parlement can be excused hauing his helth and memory The ending of the Parlement THe finishing of the Parlement must be assigned appointed and openly proclamed bothe in the Parlement and within the palace of the Parlement And if there be any wil say that he hath no answere of his bil deliuered into the Parlement then the Parlement to continue but if no man so say it is to be supposed that euery man hath remedye or assigned how to haue remedy by the Lawes and at the proclamation made if there be no Billes to be laid in the King may licence his Parlement Of the Coppyes of the Records of the Parlement THe Clark of the Parlement shall deny to no man the coppy of his processe but shall deliuer vnto euery man that demaundeth it taking for euery ten lines a peny And if the party be poore and therupon maketh his othe to haue nothing the rolle of the Parlement shal be tenne inches brode The Parlement shal be kept whersoeuer it shall please the King. THese orders in processe of time did successe and were out of all vse few or no Parlements béeing kept from the time of William the Conqueror vntil the reign of King Edward the first who by th' aduise of his wise learned counsailers prescribed a forme order how the Parlements within this Realme should be obserued and kept which orders also in the course of certain yéeres grew out of vse in many points and the order héer ensuing is that which is in our dayes receiued and vsed THE ORDER AND Vsage how to keep a Parlement in England in these dayes colected by Iohn Vowel alias Hooker gentleman one of the Citizens for the Cittie of Exeter at the Parlement holden at VVestminster Anno domine Elizabethae Reginae decimo Tertio 1571. By whome and for what cause a Parlement ought to be summoned and called THe King who is Gods anoynted béeing the hed and chéef of the whole Realme and vpon whome the gouernment and estates therof doo wholy and onely depend hath the power and authoritie to call and assemble his Parlement and therin to séek aske the aduise councel and assistāce of his whole Realme and without this his authoritie no parlement can properly be summoned or assembled And the King hauing this authoritie ought not to summō his Parlement but for weightie great causes and in which he of necessitie ought to haue the aduise and counsel of all the estates of his Realme whiche be these and suche like as foloweth First for Religion for for asmuche as by the Lawes of God and this Realme the King next and immediatly vnder God is his deputye and Vicar in Earth and the chéefest ruler within his Realmes and dominons his office function and duty is abooue all things to séek and sée that God be honored in true Religion and Vertue and that he and his people doo bothe in profession and life liue according to the same Also that all Idolatries false Religions heresies scismes errors supersticions and what so euer is contrary to true Religion all disorders and abuses either among the Clergie or the Laietie be reformed ordred and redressed Also the assuraunce of the King and Quéens persons and of their Children their aduancement preferment in mariages the establishing of succession the suppression of Traitors the aduoyding or eschewing of warres the attempting or mooving of warres the subduing of Rebelles and pacifying of ciuil warres and commotions the leuying or hauing any aide or Subsidye for the preseruation of the King and publique estate Also the making and establishing of good and wholsome Lawes or the repealing and debarring of former Lawes as whose execution may be
hurtful or preiudiciall to the estates of the Prince or common welth For these and such like causes beeing of great weight charge and importaunce the King by the aduise of his councel may call summon his high Court of Parlement and by the authoritie therof establish and order such good Lawes and orders as then shal be thought moste expedient and necessary The order and manner how to summon the Parlement THe King ought to send out his writs of summons to all the estates of his Realme at least forty dayes before the beginning of the Parlement First to all his Lords and Barons that is to wit Archbishops Bishops Dukes Marquesses Earles Vicountes and Barons and euery of these must haue a speciall writ then to the Clergie and the writ of their summons must be addressed to euery perticuler Bishop for the Clergie of his diocesse all these writs which are for the Clergie the King alwaies sendeth to the Archbishops of Canterbury and York by them they are sent and dispersed abrode to euery perticuler Bishop within their seuerall prouinces and so the Bishops giue summons to the Clergie Lastly for the summoning of the Commons hée sendeth his writ to the Lord warden of the fiue portes for the election of the Barons therof and to euery seuerall Shiriffe for the choice and election of Knights Citizens and Burgesses within his countie How and what persons ought to be chosen for the Clergie and of their allowaunces THe Bishop ought vpon the receipt of the writ sent vnto him for the sumoning of his Clergie forthwith to summō and warne all deanes and Archdeacons within his diocesse to appéer in proper person at the Parlement vnlesse they haue some sufficient and resonable cause of absence in whiche cace he may appéer by his Proctor hauing a warrant or proxie for the same Then must he also send the like summons to the Deane and Chapter of his Cathedrall Churche who shall foorthwith assemble their Chapter and make choice of some one of them selues to appéer in their behalf and this man thus chosen must haue thrir commission or proxie He must also send out his summons to euery Archdeaconry and peculier requiring that the whole Clergie doo appéer before him his Chaūceller or Officer at a certain day time and place who béeing so assembled shall make choice and election of two men of the said Clergie to appéer for them and these shall haue their commission or proxie for the same These Proctors thus to be chosen ought to be graue wise and learned men béeing professors either of Diuinitie or of the ecclesiasticall Lawes and that can wil and be able to dispute in cause of controuersie conuincing of heresies appeasing of Scismes and deuising of good and godly constitutions concerning true Religion and orders of the Church These Proctors thus elected ought to haue resonable allowances for their charges according to the state qualitie or condition of the person as also a respect had to the time the proctors of the Dean and Chapter are to be paid out of the Eschequer of the Cathedrall Churche The Proctors of the Clergie are to be paid of the Clergie among whome a collection is to beleuied for the same according to an olde order vsed among them How and what maner of Knights Citizens and Burgesses ought to be chosen and of their alowances THe Sheriffe of euery Countie hauing receiued his writꝭ ought foorthwith to send his precepts summons to the Maiors Bayliffes and hed Officers of euery Citty Town corporate Borough and such places as haue béen accustomed to send Burgesses within his Countie that they doo choose and elect among them selues two Citizēs for euery Citty two Burgesses for euery Borough according to their olde custome and vsage And these hed Officers ought then to assemble them selues and the Alder men and commen councel of euery Citty or Town to make choice among them selues of two able and sufficient men of euery Citty or Town to serue for and in the said Parlement Likewise at the next Countie day to be holden in the said Countie after the receipt of this writ the Sheriffe ought openly in the Court of his Shéer or Countie betwéen the houres of viij and .ix. of the fore noon make Proclamation that euery frée holder shall come into the Court and choose two sufficient men to be Knightꝭ for the Parlement then he must cause the writ to be openly and distinctly read whervpon the said frée holders then and there present ought to choose two Knights accordingly but he him self cannot giue any voice neither be chosen These elections a forsaid so past and doon there ought to be seuerall Indentures made betwéen the Sheriffe the frée holders of the choise of the knights and betwéen the Maior and the hed Officers of euery perticuler Cittie Town of the choice of their Citizens and Burgesses and of their names of their mainperners and Sureties Of these Indētures the one parte béeing sealed by the Sheriffe ought to be returned to the Clark of the Parlement and th' other parte of the Indentures sealed by such as made choice of the Knights and such as made choice of Citizens and Burgesses vnder the seuerall common seales of their Citties and Townes ought to remain with the Sheriffe or rather with the partyes so elected and chosen The charges of euery knight and Citizen was wunt to be a like which was xiij shillings .iiij. pēce by the day but now by the Statute it is but viij shillings that is to euery Knight euery Citizen iiij shillings to euery Burgesse the olde vsage to haue v. shillings but now it is but iij. shillings iiij pence limitted by the Statute which alowaunces is to be giuen from the first day of their iorney towards the Parlement vntil the last day of their return from thēce Prouided that euery such person shal be alowed for so many daies as by iorneyīg xxvj miles euery day in the Winter and xxx miles in the Summer hée may come and return to and from the Parlement In choice of these Knights Citizens and Burgesses good regarde is to be had that the Lawes customs of the Realme be héerin kept and obserued for none ought to be chosen vnlesse he be resiant and dwelling with in the Shéer Citty or Town for which he is chosen And he ought to be a graue wise learned skilful and of great experience in causes of policies and of such audacitie as bothe canne and will boldely vtter and speak his minde according to duety and as occation shall serue for no man ought to bée silent or dum in that house but according to his talent hée must and ought to speak in the furtheraunce of the King and common welth And the Knights also ought to be skilful in martiall affaires and therfore the woords of the writs are that such should be chosen for Knights as be Cincti gladio not because
this house his office is to sit next before the Speaker at a Table vpon which he writeth and layeth his books He must make true entrie of the recordes and Billes of the house as also of all the orders therof The Billes appointed vnto him by the Speaker to be red hée must read openly plainly and sensibly The Billes which are to be ingrossed he must doo it If any of the house aske the sight of any Bil there or of the book of the orders of the house he hath to deliuer the same vnto him If any desire to haue the copy of any Bil he ought to giue it him receiuing for his paines after ten lines a peny He may not be absent at any time of sitting without speciall licence He ought to haue for euery priuate Bil passed and enacted forty shillings He hath allowed vnto him for his charges of the King for euery Sessions ten pound Of the Sergeant or porter of the lower house THe Sergeant of this house is commonly one of the Kings Sergeants at Armes and is appointed to this office by the king His office is to kéep the doores of the house and for the same he hath others vnder him for he him self kéepeth the door of the inner house wher the commons sit and séeth the same to be clene Also he may not suffer any to enter into this house during the time of the sitting there vnlesse he be one of the house or be sent from the King or the Lords or otherwise licenced to come in If any such person doo come he ought to bring him in going before him with his Mace vpon his shoulder If any be commited to his warde he ought to take charge of him and to kéep him in safetie vntil he be required for him If he be sent for any person or to go in any message hée must leaue a substitute behinde him to doo his Office in his absence He must alwaies attend the Speaker and go before him carying his mare vpon his shoulder His allowance during the time of the Parlement is xij d. the day of the Kings charges Also he hath of euery Knight and Citizen ij shillings and vj. pence and of euery Burgesse ij shillings If any be commaunded to his warde he hath of euery such Prisoner by the day .vj. shillings and .viij. pence If any priuate Bil doo passe and be enacted he hath for euery such Bil .xx. shillings Of the Conuocacion house THe conuocation house is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie And this their house is called the higher Conuocation house the other béeing named the lower Conuocation house Bothe these houses haue their seuerall Officers orders and vsages eche Officer hath his peculier charge and function as also certain allowances euen as is vsed in the Parlement houses of the Lords and commons The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before thē either of their owne motions or from the higher Court of Parlement or from the lower house of Conuocation or from any priuate person Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée which degrées are knowen by such degrées and offices in the Church as to euery of them is assigned for one hath the personage of a Preest an other of a Deacon this is a Subdeacō he is a Sex ten and so foorth as such officers were wunt to be in the Church The Bishops doo not sit at the fore noon but onely at the after noon because they béeing Barons of the higher house of parlement doo resorte and assemble them selues there at the forenoones with the Temporall Lords The Conuocacion house of the rest of the Clergie doo obserue in a maner the like orders as the lower house of the commons doo vse for béeing assembled togither on the first day with the Bishops are by them willed to make choice of a Speaker for them whome they call the Proloquutor when they haue chosen him they doo present him vnto the Bishops and he thus presented maketh his oration and dooth all things as the Speaker of the lower house for the Commons dooth as wel for the ordering of the Clergie and of the house for his order in sitting the order in speaking the order of recording the things doon emong them and all other such like things And this is to be vnderstanded that the whole Clergie can deale and intreat but onely of matters of Religion and orders of the Church whiche their dooings conclusions cannot binde the whole Realme vnlesse they be confirmed by Act of Parlement but yet sufficient to binde the whole Clergie to the kéeping therof so that the King who is the supreme gouernour of bothe estates doo consent and confirme the same And forasmuch as by knowing the orders of the Parlement house you may also knowe the orders of bothe the Conuocation houses which are like and correspondent to y others These shall suffise for this matter Of extraordinary persons which ought to be summoned to the Parlement BEsides the personages of the former degrées which ought to be summoned to the parlement the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house namely the two chéef Iustices and their associates of the Kings bench and the common places the Barons of the Eschequer the Sergeants the Attorney the Soliciter the Maister of the Rolles and his fellowes of the Chauncerye The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes Also if any Bil be conceiued and made disorderly they ought to amend and reforme the same vpon order and commaundemet to them giuen Also they must attend to come and go at the commaundement of the King and Parlement Also they may not speak nor giue aduise but when they be asked and put to question Also they haue no voice in Parlement because they are commonly councellers to the same They are all retained at the Kings charges Likewise all officers of the Parlement are to be summoned as namely the Chaunceller of the Parlement the Clarks the Sergeants the Porters and such others who likewise are retained at the Kings costs Of their offices and charges it is alredy perticulerly declared Of the dayes and houres to sit in Parlement ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes as namely the feasts of All hallown day Christmas Easter Whitsontide and Saint Iohn the Baptistꝭ day also such other dayes as the Parlement
domiciliis sunt nobilitate But the reuerence of these writers reserued this cannot be so of this Church the Charter therof witnesing the contrary declaring how that King Edward Edith his wife did put Bishop Leofricus in possession of this Sea them selues Likewise VVilliam the Conquerour in the third yéer of his reign Anno. 1069. did not onely confirme the former Charter but also at the instance and sute of VVilliam vvareweste then his Chaplain and after Bishop of the same Sea did giue vnto it the segniory of Plimpton Brampton and S. Stephens in Exeter which the said VVilliam béeing Bishop did distribute giuing Plympton to the Channōs there Brampton was afterward annexed to the Deanry but Saint Stephens with a Court Baron to the same was alwaies reserued to the Bishop and his successors wherby they are Barons and so Lords of the Parlement It was also enlarged from time to time with possessions reuenewes buildings riches priuileges by Kings Princes Prelates Bishops and sundry others as héerafter I shal particulerly touch declare by Gods grace at large in a perticuler Book therof And this one thing is to be noted that albeit there were néer iiij hundred yéeres distant from the foūdation to the absoluing therof yet is so vniformely and decently compact as though it had béen buylded at one instant The Bishop is distinct from the Channons bothe in house and reuenew his liuelihods béeing no parcel of that which doth appertain to the Church and Channons It was sometimes of great large reuenewes but the more parte therof prodigally hath béen exhaunsed by a wastful Bishop The Bishop and Chānons haue very fair houses which are situated about the Church and Cemitory and are inclosed euery night by shutting fast of certain gates wherby they claime them selues to be exempted from the iurisdiction of the Cittie In the middle therof is a very fair Conduict or fountain wher into waters by certain pipes are conueyd from certain places out of the Cittie and the same from thence conueyed to the Bishops and some of the Channons houses The Cittie it self is very populus was sometimes chéefly inhabited with Clothyers or Clothworkers of brode clothes seruing much for the Spanish and South Countries whiche were of such goodnes and substaunce as that the names of them doo yet continew in these partyes but now it is chéefly inhabited with Merchaunts Kersey Clothyers of all sortes of Artificers emong whom the Merchants are the chéefest the welthiest The gouernment of this Cittie was sometimes by foure Bayliffes called Prouostres but shortly after the Conquest there was ordred a Senate of xxxvj and in these latter dayes of xxiiij persons of the moste sober graue and wisest Cōmoners and franchised men of the same of which number one was and is yéerly chosē to be the chéefest gouernour for the yéer folowing and is called by the name of a Maior This Mayor associated with the foresaid foure Bayliffes hath the discerning of and in all maner of actions betwixt partie and partie for which he kéepeth on euery Monday a Court in the Guilde hall of the said Cittie but the Bayliffes hauing the like iurisdiction doo according to their olde and ancient customes kéep the like Courts beeing distinct from the Mayor at all dayes and times when them best liketh which their Court is called by the name of the Prouostres Court for Prouostres was their first names Thus the Maior and Bayliffes bothe ioyntly and seuerally haue iurisdiction to discerne in causes betwéen partie and partie but if the matter doo touch the Prince the Crown the common peace or the state of the Cittie and the common welth of the same then the same are decided and determined either by the Maior and Iustices or by the Mayor and common Coūcel or by the Maior him self or by some other Officer or officers according to the nature or qualitie of the cause or matter But because it requireth a large discourse to discribe the gouernment of the common welth of this Cittie the charge of euery seuerall Officer the diuersitie of officers their seuerall iurisdictions with a number of other things incident to their charges I doo minde héerafter by Gods grace at large to set the same foorth in such sort that all estates and degrées and euery perticuler Officer and other person within that Cittie shall knowe his charge Office and dutie and what to euery of them appertaineth In the mean time let it suffise that partely through good gouernment and partely of a ciuil inclinatiō the people of this Cittie as very obsequions and obediēt to the Quéen and her lawes and haue in great reuerence and awe their gouernours and Magistrates for the time béeing And this one thing is not so straunge as notable that euen from the beginning they haue from time to time béen careful for their common welth moste vigilant for the preseruation therof which as in time of peace they did wel rule gouerne so also in the troublesome times and vnquiet estates they haue moste valiantly defēded against the incurtions and assaultes of their enemyes as by the sundrye Historyes it may appéer For Aruiragus King of this land minding to stay the Realme in his ancient libertyes denyed to pay to the Romains the tribute which they demaunded wherfore Claudius the Emperour sent Vespasian the Duke of the Romain Armye into this Realme either to recouer the tribute or to subdue the land This Vespasian is he who in the xxiiij yéer after this did besiege and destroy Iherusalem wherfore the Duke landing in Torbay which was then called Totonesium littus came to this Cittie layd siege to the same with continuall assaults and batteryes for eyght dayes Aruiragus the King béeing then in the East partes and hearing of this gathereth his Armye and power marcheth towards this Cittie and incountreth with the enemye The Romain after long fight not able to preuail endeth the matter by composicion and because this shall not séem to be a deuised and fained matter I wil write the woords of foure sundry Historyes The Cronicle of the Cathedrall Church of the said Cittie hath these woords Anno dom 49. Vespasianus cum Romano exercitu ciuitatem nunc voca tam Exeter octo diebus obsedit sed minime preualuit Aruirago Rege Ciuibus auxilium prestante Gaulfride of Monmothe writeth thus Vespasianus a Claudio missus est vt Aruiragū vel pacificaret vel Romanae subiectioni restitueret cum igitur in portu in rutupi applicare Vespasianus cepisset obuiauit ei Aruiragus atque prohibuit ne portū ingrederetur retraxit itaque se vespasianus a portu illo retortisque velis in littore Totnesio applicuit nactus de inde tellurem Kayerpenhulgoite que nunc Exonia vocatur obsessurus eandem adiuit cumque diebus octo eam obsedisset superuenit Aruiragus cum exercitu suo preliumque commisit die illa valde laceratus sunt vtrorumque exercitus sed neuter est