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A86394 The manner of holding Parliaments in England. Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this kingdome. The prerogative and power of Parliaments. The order and forme of the placing and sitting of the Kings Majesty and peeres in the upper house of Parliament. The order and course of passing bills in Parliament. With the stately and magnificent order, of proceeding to Parliament, of the most high and mighty prince, King Charles, on Monday the 13th. of Aprill 1640. in the 16th. yeare of his Majesties reigne, first on horse backe from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house. Hakewill, William, 1574-1655. 1641 (1641) Wing H214; Thomason E157_11; ESTC R212700 24,894 61

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to any person let him first handle his cause that first propounded it In the Kalendar of the Parliament there ought to be rehearsed all the businesses of the Parliament and that after this order First concerning Warre if there be any Warre and concerning the other businesses touching the persons of the King of the Queen and of their Children Secondly concerning the commonbusinesses of the Kingdome as of making Laws when there shal be lacke of Law originall judiciall or executory of particular persons Thirdly the businesse of particular persons and that according to the Petitions offered as is aforesaid Touching the dayes and houres of the Parliament The Parliament ought not to be held on the Lords day but on the other dayes following that day alwayes excepted and three other to wit of All Saints of All Soules and of the Nativity of Saint Iohn Baptist It may be held and ought every day to begin at one of the clocke in the afternoone at which houre the King is to be present at the Parliment and all the Peeres of the Kingdome The Parliament ought to be held in a publique place and not in a private or secret place In the Holy dayes the Parliament ought to begin at one of the clock because of divine service Touching the Porters of the Parliament The principall Porter of the Parliament shall stand beneath the great Gate of the Monastery Hall or other place where the Parliament is held and must keep the dore so that none come into the Parliament but he which ought to come to the Parliament or shall be called for the businesse which he followeth in Parliament and it behooveth that the party have knowledge of the persons which should come in so that none at all be denyed entrance which is bound to be present at the Parliament And the Porter ought if it be needfull to have more Porters under him Touching the Cryer of the Parliament The Cryer of the Parliament shall stand without the dore of the Parliament and the Porter shall declare to him their Cryers The King was wont to assigne Sergeants at Armes to stand a great while together without the doore of the Parliament to make the doore so that none should make thrusting or tumults about the doore by which the Parliament might be hindred upon pain of taking of their bodies because of right the dore of the Parliament ought not to be shut but to be kept by Porters or Kings Sergeants at Armes Touching the standing of them that speake in the Parliament All the Peeres of the Parliament shall sit and none shall stand but when he speaketh so that every one of the Parli●ment may heare him None shall enter into Parliament nor goe out o●Parliament but by one door and whensoever he speaketh any thing which ought to be deliberated on by the Parliament All they that speak shall stand the cause is that he may be heard of the Peeres all which Peeres are judges and Justices c. Touching the help and ayd appointed for the King The King was not wont to require help or ayd of his Kingdome unlesse it were for Warre at hand or for making his Sons Knights or for marriages of his Daughters and then he ought to require such helpe in full Parliament and to deliver it in writing to every degree of the Peeres of the Parliament and to answer the same in writing And we must know that for the granting of such helps and ayd it behooveth that all the Peeres of the Parliament agree And we must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater yoyce in Parliament to grant then the greatest Earle in England and after the same manner the Proctors for the Clergie or Clerks of the Convocation house for one Bishopricke have a greater voyce in Parliament if they all agree then the Bishop himselfe And this is true in all things which ought to be granted or denyed to the party or are to be done therein And this is manifest because the King may hold Parliament with the Communalty and Commons of the King some without Bishops Earles and Barons yet so as they be summoned to the Parliament Although no Bishop Earle or Baron come according to their Summons because in times past neither was there Bishop Earle nor Baron and yet even then Kings kept their Parliament but it is farre otherwise on the other side for though the Communalty to wit Laity and Clergie were summoned to the Parliament as of right they ought to be yet for some certaine causes they would not come as if they would pretend that the King did not govern them as he ought and would in speciality point out the Articles in which he misgoverned them as he ought not that then that Parliament is utterly none at al though the Arch-bishops Bishops Earles Barons and all their Peeres and equalls were there with the King present at it and therefore all things which are to be affirmed or informed granted or denyed or to be done by the Parliament must be granted by the Communalty of the Parliament which standeth upon three degrees or sorts gathered together in Parliament that is to say the Procters of the Cleargie the Knights of the Shires the Citizens and Burgesses who indeed represent the whole Communalty of England and next upon the Noble men because every one of them is at the Parliament in his own proper person and non other Tonching the departure or breaking up of the Parliament The Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answere The Kings Majesty being desirous of his Grace and favour to give the Subject redresse of any injury and not to suffer his people to goe unsatisfied None of all the Peeres or equalls of the Parliament may or ought to depart alone from the Parliament unlesse he have obtained and that in full Parliament leave of the King and of all his Peeres or equalls so to do and that withall there be a remembrance kept in the Parliament roll of such leave and liberty granted And if any of the Peeres or equalls during the time of the Parliament shall be sicke or weake so as he is not able to come to the Parliament then he must three dayes together send such as may excuse him to the Parliament but if they come not then let there be sent from the Parliament two of his Peeres or equalls to goe and to certifie of his infirmity And if there be any suspicion let these two Peeres or equalls be sworn that they shall speak the truth concerning the same and if it be found out that he did faine or counterfeit let him atturney or appoint some sufficient man before them to be present at the Parliament his stead if he will neither can he be further excused if he be of sound
side and if any shall object against me in this point unto him I will oppose either the force of time or the carelesnesse and lack of looking unto But customes are still like themselves nor must we detract from the authority of Kings who although they have such supereminent and undeterminate prerogative as that they may seeme sometimes to have of favour granted some things beside the Law yet it shall nor appeare them requested to have done or yet suffered to have been done any thing contrary to the custom of Stocks and Families so sometimes they not regarding the solemnities of Ceremonies and Charters have onely by their becks that I may so say suffered dignities and honours to be tranferred as in Ranulph Blundevill Earle of Chester and of Lincolne to be seene for the Earldome of chester he permitted after the manner to disceud to Iohn the Scot his Nephew by Maude the elder of his Sisters But the Earledome of Lincolne the King thereunto consenting he yet alive delivered unto Hawisia another of his Sisters then married to Robert Quincy by his Deede in the 7th yeare of Henry the third These things I say were of old and ancient time but at this day not so for such is the force of time and change in altering the formes of things as that in eating out of the old bringeth still in new so unto Earles whom we said in ancient time to have been rewarded with the third penny of the province whereof they were Earles to maintaine their honour and dignity a certaine some of money is at this day yearely paid them out of the Exchequer and they the titles of such places as wherein they have no jurisdiction administration or profit at all Barons also who as the Fathers and Senators in ancient times among the Romans were chosen by their Sestercia were in like manner wont to be esteemed and valued by Knights fees for why he which had and possessed thirteene Knights fees and a little more was to be accounted among the Barons are now more seldom times chosen for their vertue their great wealth and large possessions Neither is there any let but that a man may hould and still retaine the name and title of a Barony the head of which Barony as they terme it he hath afterward sould or alienated to some other common person In briefe our Kings Royall Majesty is alwaies like it selfe constant and the same which having regard to the vertue stock wealth and substance of any man whereby he may with his counsells service profit the Common-wealth may in every place freelie give and bestow dignities and honours somtimes chusing no more Barons then one out of one and the same Family The custome of the succession of the former and more ancient Baron being stil kept whole not in any hurt as wee see Edward the sixt wisely to have done in the family of the Willobies of Ersby brought forth also another Barony of Parham wherefore we acknowledge our Kings to be the fountaines of Politicall Nobilitie and unto whom we may with thanks refer all the degrees of honours and dignities wherefore I may not without cause seeme to rejoyce on the behalfe of our Nobilitie of great Brittaine which hath had alwaies Kings themselves Authors Patrons Governors and Defenders thereof that when Lands Fees and Possessions subjects to Covenants or agreements are still tossed and turmoyl'd with the stormes of the judiciall Courts and of the Common Law it is onely unto the Kings themselves beholding and resteth upon Heroicall orders and institutions proper and familiar unto it selfe so that Per Titulos numerentur avi semper que renat Nobilitate virent et prolem fata sequantur Continuum propriâ servantia lege tenorem By Titles great-mens Ancestors are known the posterity of whom injoy the same to their flourishing and everlasting fame William the Conqueror after the death of Herold having confin'd the Kingdom to himselfe laid these foundations of ancient and worthy Nobility which afterwards by his successours according to the divers occurrants and occasions by little and little became at length in the raigne of King Henry the third and Edward the first to appeare a Godly and stately building who having vanquished the Welsh-men and contending with the Scots bordering upon them for Principality and Soveraignety entreating of all things concerning the Common-weale with the three States of the Kingdome with consisteth of the Nobilitie the Cleargie and Communaltie they themselves in their Royall majesty sitting in Parliaments appointed unto every man a preheminence according to the place of his dignity from whom especially all the Nobility of our age may seeme to deriue the diverse and appointed degrees of dignities and honours Now to abreviate much that might be writ in the continuance of this discourse I shall desire to straighten my purpose to some handsome conclusion by the observation of the degrees and sitting of our English Nobility in the Parliament Chamber out of the Statute of the 31. of K. Henry the 8. who of his Princely wisdome with the full assent of the whole Parliament caused a perticular Act to be made for the placing of the Nobility in the upper house of Parliament the effect whereof I have here recited That forasmuch as in all great Assemblies and Congregations of men having degrees and offices in the Common-wealth it was thought fit and convenient that order should be taken for the placing and sitting of such persons as are bound to resort to the same to the intent that they knowing their places might use the same without displeasure the places of wch great offices deserve respect and admiration and though meerly officiarie and depending on life and the Kings gracious election without any hereditary title or perfection yet are they of such high dignity that all hereditary honour whatsoever under the degree of Royalty may at all times without disparagement give them place and precedencie The placing of these most Noble and great Officers both in the Parliament house and other Assemblies is after this worthy and distinct order That is to say the Lord Chancellor or L. Keeper the L. Treasurer the L. President of the Kings Privie Councell and the L. Privy Seale being of the degree of Barons of the Parliament or above to sit on the highest part of the form on the left side in the Parliament Chamber above al Dukes except those wch are the Kings Sons the Kings Brothers his Uncles his Nephews or his Brothers or Sisters Sonnes but if any of these foure great Officers aforesaid shal be under the degree of a Baron then he or they to sit on the uppermost part of the Sackes in the middest of the Parliament Chamber in such order as is aforeshewed As touching the other it was enacted that the I. great Chamberlaine the L. Constable the L. Marshall the L. Admirall the L. Steward and the L. Chamberlaine of the Kings houshold shall be placed next to the L. Privie