Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n call_v king_n send_v 1,415 5 5.3964 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 6 snippets containing the selected quad. | View lemmatised text

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
must be kept vntil the end of the Parlement If any Bil be denyed impugned and cléere ouerthrowne the 〈…〉 more to be thencefoorth receiued If 〈…〉 be put to question and it be doutful whether side is the greater and giueth moste voices then he must cause the house to be deuided and then iudge of the Bil according to the greater number If any Bill be imperfect or requireth to be amended hée must choose a certain number of that house as he shall think good and to them commit that Bil to be reformed and amended If any Bil or message be tobe sent to the lower house it is his office to make choice of two of the Kings learned councel there béeing to be the messengers therof If any Bil or message be sent from the lower house hée must come from his place to the bar there receiue the same and béeing returned to his place and euery Straunger or messenger departed he must disclose the same to the Lords Item if any disorder be committed or doon in the house by any Lord or other person he ought with the aduise of the Lords to reforme the same but if it be emong the Lords and they wil not be reformed then he must foorth with aduertise the King. Item he ought at the beginning of the Parlement to call by name all the Lords of the Parlement and likewise at other times as he séeth occasion whose defaults ought to be recorded and they to pay their fines vnlesse they be dispenced with all by speciall licence from the King or haue some iust and resonable cause of absence Item he must sée and cause the Clarks to make true entries and true recordes of all things doon there and to sée that the Clarks doo giue and deliuer the copyes of all such Billes there red to such as demaund for the same Item he shall kéep the secrets and cause and commaund euery man of eche degrée in that house to doo the like Also he ought not to go any where but the gentleman Sergeant ought to attend vpon him going before him with his Mace vnlesse he be Lord Chaunceller for then he hath a Sergeant of his owne His alowance that he hath is at the Kings charges Also for euery priuate Bil that passeth and is enacted his hath x. pound for his parte Of the Chaunceller of the higher house THe Chaunceller is the principall Clark of the higher house and his charge is safely to kéep the recordes of the Parlement and the Arts whiche be past All suche Statutes as be enacted hée must send to the Kings seuerall Courts of recordes to be enrolled as namely the Chauncery the kings Bench the common place and the Eschequer All suche Acts as are to be imprinted he must send to the Printer All such priuate Acts as are not imprinted if any man wil haue the same exemplified he must transmit the same to the Lord Chaunceller to be ingrossed and sealed and for the same he to take the fées appointed and accustomed He hath for his alowance an ordinary fée for terme of life of the King. Of the Clarks of the Parlement THere be two Clarks the one named the Clark of the Parlement and the other named the Clark of the Crown The Clark of the Parlement his office is to sit before the Lord Speaker and to read such Billes presented as hée shal be commaunded He must kéep true records and true entries of all things there doon and to be entred If any require a coppy of any bil there he ought to giue the same receiuing the ordinary fées If any Bil after his ordinary readingꝭ be to be ingrossed he must doo it The councel of the house he may not disclose At the end of the Parlement he must deliuer vp vnto the Chaunceller all the Acts and records of that house sauing he may kéep a transumpt and a coppy therof to him self He hath his alowance of the King. Also for euery priuate Bil whiche is enacted he hath thrée pound Also for euery Bil wherof he giueth a coppy he hath for euery ten lines a peny according to the custome THe Clark of the Crown his office is to supply the place and the rowme of the Clark of the Parlement in his absence and hath in all things the like charges and profits as the Clark ought to haue He must giue his attendaunce to the higher house from time to time and doo what shal be inioyned him All suche Acts as be not imprinted if any man will haue them exemplified vnder the brode Seale he must exemplifie them and haue for the same his ordinary fées These two Clarks at the end of the Parlement ought to be present in the house and within the lower bar at a boord before them their faces towards the King and there the one must read the billes which are past bothe houses and the other must read the concent or disagreement of the King. Of the Sergeants or porters of the higher house THere is but one Sergeant whiche hath the charge of kéeping of the doores for though there be diuers doores yet the kéepers therof are at his assignement He ought to sée the house be cléene and kept swéet He ought not to suffer any manner of person to be within she house so long as the Lords be there sitting other then such as be of the learned councel and of that house and except also such as come in message from the lower house with Billes or otherwise and except also such as be sent for and be admitted to haue any thing there to doo Also he must attend and go alwaies with his Mace before the Speaker vnlesse he be Lord Chaunceller or kéeper of the great Seale for then he hath a Sergeant of his owne He ought to kéep safely such prisoners as be commaunded to his warde and to fetch or sēd for such as he shal be commaunded to fetch This Porter or Sergeant hath besides his ordinary fée a standing allowance for euery day of the Parlement Also he hath for euery priuate Bil which is enacted xl s. Also he hath for euery prisoner committed to his warde a certain alowance for his fées Also he hath of euery Baron or Lord of that house a certain rewarde Of the lower house THe lower house as is said is a place distinct from the others it is more of length then of breadth it is made like a Theater hauing foure rowes of seates one abooue an other roūd about the same At the higher end in the midle of the lower rowe is a seat made for the Speaker in which he alwaies sitteth before it is a table boord at which sitteth the Clark of the house and there vpon layeth his Books and writeth his recordes Vpon the lower rowe on bothe sides the Speaker sit such personages as be of the kings priuy councel or of his chéef Officers but as for any other none claimeth nor can claime any place but sitteth as
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
they shall come into the Parlement house in armoure or with their Swoordes but because they should be suche as haue good experience and knowledge in feates of Warre and of martiall affayres whereby they may in suche caces giue the King and Realme good aduise and councel likewise they ought to be Lay men and of good fame honestie and credit béeing not vtlawed excōmunicated or periured or otherwise infamose for such persons ought not to haue place or to be admitted into the Parlement house The degrees of the Parlement IN times past there were six degrées or estates of the Parlement whiche euery of them had their seuerall officers and ministers of attendaunce but now the same are reduced into foure degrées The first is the King who in his personage is a ful and whole degrée of him self and without whome nothing can be doon The second degrée is of the Lords of the Clergie and of the Temporaltie and are all called by the names of Barons The third is of knights Citizens and Burgesses and these be called by the names of the communaltie The fourth is of the Clergie which are called by the name of conudcacion and these persons haue no voice in the Parlement nether can they doo any thing other thē to intreat in causes of Religion which from them is to be commended to other estates Of the places and houses of the Parlement AS it lyeth in the King to assigne and appoint the time when the Parlement shall begin so that he giue at the least forty dayes summons so likewise he may name and appoint the place where it shal be kept but wheresoeuer it bée kept th' olde vsage and maner was that all the whole degrées of the parlement sat togither in one house and euery man that had there to speak did opēly before the king and his whole Parlement but héerof did growe many inconveniences and therfore to auoid the great confusions which are in such great assemblies as also to cut of th' occasions of displeasures which eftsoones did happen when a mean man speaking his conscience fréely either could not be heard or fel into the displeasure of his betters and for sundrye other great gréefs did deuide this one house into thrée houses that is to wit the higher house the lower house and the conuocation house In the first sitteth the King and his Lords spirituall and Temporall called by the name of Barons and this house is called the higher house The second is where the Knights Citizens and Burgesses doo sit and they be called by the name of Commons and this house is called the lower house The third is where the prelats and Proctors of the Clergie sit béeing called by the name of the Clergie and this house is called the conuocation house of euery of these houses their orders and officers we wil bréefly subuect and declare perticulerly in order as foloweth Of the higher house THe higher house as is said is where the King and his Barons doo sit in Parlement where the King sitteth highest and the Lords and Barons beneath him eche man in his degrée the order is this The house is much more in length then in breadth and the higher end therof in the middle is the Kingꝭ seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right hād there is a long bench next to the wall of the house whiche reacheth not so farre vp as the Kings seat and vpon this sit the Archbishops and Bishops euery one in his degrée On his left hand there are two like bēches vpon the inner sit the Dukes Marquesses Erles and Vicounts On the other which is the hindermoste next to the wall sit all the Barons euery man in his degrée In the middle of the house betwéen the Archbishops seat and the Dukes seat sitteth the Speaker who commonly is the Lord Chaunceller or kéeper of the great Seale of England or the L. chéef Iustice of England as pleaseth the King who dooth appoint him and he hath before him his two Clarks sitting at a Table before them vpon which they doo write and lay their Bookes In the middle rowme beneath them sit the chéef Iustices and Iudges of the Realme the Barons of the Eschequer the Quéenes Sergeants and all such as be of the Kings learned Councel either in the common Lawes of the Realme or of the Ecclesiasticall lawes and all these sit vpon great Wool sacks couered with red cloth At the lower end of all these feates is a bar or a Rail betwéen which and the lower end of the house is a void rowme seruing for the lower house and for all Sutors that shall haue cause and occasion to repair to the King or to the Lords This house as it is distinct from the others so there bée distinct Officers to the same belonging and appertaining whiche all be assigned and appointed by the King and all haue allowances for their charges at the Kings hands of which Officers what they are what is euery of their offices and what allowances they haue shal be written in order héerafter Of the Officers of the higher house and first of the Speaker and of his office THe chéefest Officer of the higher house is the Speaker who is appointed by the King and commonly he is the Lord Chaunceller or kéeper of the great Seale or Lord chéef Iustice of England his office consisteth in diuers points First he must on the first day of the Parlement make his oration in the higher house before the king his Lords and commons then there declare the causes why the King hath summoned that parlement exhorting and aduising euery man to do his office and duty in such sorte as may be to the glory of God honor of the King and benefit of the common welth Also he must make one other oration but in way of answere to the Speakers Oration when he is presented to the King. Likewise he must make the like on the last day of the Parlement and you shall vnderstand that vpon these thrée dayes he standeth on the right hand of the King néer to his seat at a bar there appointed for him but at all other times he sitteth in the middle of the house as is before said When he hath ended his oration vpon the first day he must giue order vnto the lower house in the Kings behalf willing them to repair vnto their house and there according to their ancient order and customes make choice of their Speaker All Billes presēted vnto the higher house he must receiue which he hath foorthwith to deliuer to the Clarkes to be safely kept All Billes he must cause to be red twise before they be ingroced and béeing red thrée times he must put the same to question If any Bil put to question doo passe with their consēt then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
he cōmeth sauing that on the right hand of the Speaker next beneath the said Councelles the Londoners and the Citizens of York doo sit and so in order should sit all the Citizens accordingly Without this house is one other in which the vnder Clarkꝭ doo sit as also such as be Suters and attendāt to that house and when so euer the house is deuided vpon any Bil then the rowme is voided and the one parte of the house commeth down into this to be numbred The office of the Speaker of the lower house THe chéef or principall Officer of this house is the Speaker and is chosen by the whole house or the more parte of them he himself béeing one of the same number and a man for grauitie wisdome experience and learning chosen to supplye that Office during the time of the Parlement and is to be presented to the King the third day folowing His Office is to direct and guide that house in good order and to sée the ordinaunces vsages and customs of the same to be firmely kept and obserued When he is presented vnto the King sitting in his estate royall in the Parlement house for the purpose he must then and there make his oration in commendation of the Lawes and of the Parlement whiche doon then he hath in the name of the house of the commons to make to the King thrée requests First that it may please his maiestie to graunt that the commons assembled in the Parlement may haue and inioy the ancient priuiledges customes and liberties as in times past haue appertayned and béen vsed in that house Then that euery one of the house may haue libertie of spéech and fréely to vtter speake and declare his minde and oppinion to any Bil or question to be proponed Also that euery Knight Citizen and Burgesse and their seruants may haue frée comming and going to and from the said Parlement as also during the time of Parlement and that they nor any of their Seruants nor retinewe to be arested molested sued imprisoned or troubled by any person or persons And lastly that if he or any other of that company béeing sent or come to him of any message and doo mistake him self in dooing therof that his Maiestie wil not take the aduantage therof but gratiously pardon the same He must haue good regarde and sée that the Clark doo enter and make true records and safely to kéep the same and all such Billes as be deliuered into that house He must on the first and third day and whensoeuer he els wil call the house by name and record their defaults All billes to be brought and to be presented into that house he must receiue and deliuer to the Clark. He ought to cause and command the Clark to read the Billes brought in plainly and sensibly which doon he must bréefly resite and repete th' effect and meaning therof Of the Billes brought in he hath choice which and when they shal be red vnlesse order by the whole house be taken in that behalf Euery Bil must haue thrée readings and after the second reading he must cause the Clark to ingrose the same vnlesse the samr be reiected and dashed If any Bil or message be sent from the Lords he ought to cause the messengers to bring the same vnto him and he to receiue the same openly and they béeing departed and gone he ought to disclose and open the same to the house If when a Bil is red diuers doo rise at one instant to speak to the same and it cannot be discerned who rose first then shall he appoint who shall speak neuerthelesse euery one shall haue his course to speak if he list If any speak to a Bil and be out of the matter he shall put him in remembrance and wil him to come to the matter If any Bil be red thrée times and euery man haue spoken his minde then shall he aske the house whether the Bil shall passe or not saying thus as many as wil haue this Bil passe in maner and forme as hath béen red say yea then the affirmatiue parte say yea as many as wil not haue this Bil passe in maner and forme as haue béen red say no. If vpon this question the whole house or the more parte doo affirme and alowe the Bil then the same is to be sent to the higher house to the Lords But if the whole house or the more parte doo denye the Bil then the same is dashed out and to be reiected but if it be doutful vpon giuing of voices whether side is the greater thē must a deuision be made of the house and the affirmatiue parte must arise departe into the vtter rowme which by the Sergeant is voided before hand of all persons that were there and then the Speaker must assigne two or foure to number them first which sit within then the other which be without as they doo come in one by one and as vpon the triall the Bil shal be alowed or disalowed by the greater uumber so to be accepted as is before said If vpon this triall the number of either side be like then the Speaker shall giue his voice and that onely in this point for other wise he hath no voice Also if any of the house doo misbehaue him self and breke the order of the house he hath to reforme correct and punish him but yet with the aduise of the house If any forrain person doo enter into that house the assembly therof béeing sitting or doo by arresting any one persō thereof or by any other meanes breke the liberties and priueledges of that house he ought to sée him to be be punished Also during the time of the Parlement he ought to sequester him self from dealing or intermedling in any publique or priuate affaires and dedicate and bēd him self wholly to serue his office and function Also he ought not to resorte to any noble man counceller or other person to deal in any of the Parlement matters but must and ought to haue with him a compitent number of some of that house who may be witnesses of his dooings Also during the time of Parlement he ought to haue the Sergeant of Armes with his mace to go before him Also he hath the libertie to send any offender either to Sergeants warde or to the Tower or to any other prison at his choice according to the qualitie and quantitie of the offence He hath allowance for his diet one hundred pounds of the King for euery Sessions of Parlement Also he hath for euery priuate Bil passed bothe houses and enacted fiue pounds At th' end and on the last day of the Parlement he maketh his oration before the King in moste humble maner declaring the dutiful seruice and obedience of the Commons then assembled to his Maiestie as also moste humblye praying his pardon if any thing haue béen doon amisse Of the Clark of the lower house THere is onely one Clark belonging to
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