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
Seale each of them above all other personages being of their owne estates or degrees and holding the same precedence as they are formerly named Lastly the principall Secretary being of the degree of a Baron shall be rang'd above all Barons not having any of the former offices also and this range and precedencie to continue to all the great Officers in generall which are before named both in Parliament in Councell Chamber in the Starre Chamber at the tryall of Peeres and in all other Assemblies whatsoever This in briefe is the effect of the Statute expressing the dignity and place of our most principall and supremest Temporall Officers of which the first and chiefest is the L. Chancellor or L. Keeper who is said to be the Kings Conscience his mouth and confirmation for by him all the rigours of the law are bridled the Kingswil in grace consultations revealed and his gifts and prerogatives confirmed before him all the great businesse of the Common-wealth is dispatcht either at Councell Table in Starre-Chamber or in the Chancery where hee hath a principall voyce and precedence and lastly he hath the keeping of the great Scale of the Kingdome in which is exprest a reputation so serious that all Subjects lifes and Estates depending on the same The next in place is the L. high Treasurer of England to whose trust the Kings Treasure is committed who is a man of that noble worthy sweet and generous disposition of important confidence of noble estimation excellent in wisdom and high in estimation and to his wisdome and excellent judgement is referred the whole manage of the Kings entire Estate and the provident regard of the wealth and flourishing prosperity of all the K. Subjects He is the prime Officer Judicature betweene the King and his Tenants and hath dependance on the Councell Table the Exchequer and the Kings Royall House and Family The next to these is the L. President of the Kings most honourable Privy Counsell and is the chiefe man next the King belonging to the high and honourable Assembly and hath in his power under the Kings Majesty the mannage of the priuileges of that Honourable Table The next is the L. Privy Scale an especiall Ensigne of credit belonging to this Kingdome having custodie and charge of the Kings lesser Seal which gives testimony of the Kings fauours and bounty but also making the way cleare and accessable to the great Seale in which consists the strength of his Majesties confirmations These first foure great Officers are civill and judicature as depending on the publique State after whom follow six other which are as well Military as Civill having the managing of all matters of Honour and Warlike proceedings The first of which is the L. Chamberlaine of the Kingdome whose Office is of the greatest imployment in all publique Assemblies as Coronations Parliaments Tryumphs or any Solemnitie where the King himselfe rideth in person which Office is not Officiary but Honorarie depending by a feudall right unto the Noble house of the Earles of Oxenford After this is the L. Constable of the kingdom who was the first and principall Generall under the King of all the Land forces and in all occasions of Martiall affaires had the principall nomination of Officers and ordering of Munition for such imployment Then is the L. Marshall of the Land a great and renowned Officer in whom consist the solutions of all differences in Honour and dispensation of al things appertaining to the great or lesser Nobility Next followeth the Office of the L. Admirall of the Land who is the Kings Generall and chiefe Commander at Sea and hath care and charge of all his Majesties Royall Navy and the censuring of all Marine causes whatsoever The next following is the L. Steward of the Kings Household in whose trust and government is reposed the ordering of all the great and Noble Families the discussion of all controversies the placing and removing of Officers and the disposing of all things therein for his Majesties renowne and dignity The last of these great Officers is the L. Chamberlaine of the Kings Royall Household unto whose great trust faith and integrity is committed the guard of the Kings Royall person he hath the controle and commandement of all Officers and others whose dependance is on the Kings person and howsoever some would limit his rule above the Sayters yet it is over the whole Court and in all places wheresoever the King is present with many other priveledges which at this time cannot be fully recited After all these great Offices and Officers I must necessarily add one great Officer more namely the Kings chiefe and principall Secretary of Estate who deserves a due respect by his high and Honourable Place in regard he is so intimate and nigh to all affaires of his Majestie either private or particular THE FORME OF THE KINGS MAIESTIES WRIT TO THE PEERES TO ASSEMBLE IN PARLIAMENT CAROLUS c. Charissimo consanguineo suo E. Comit. D. salutem Quia de advisamento et assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum et defensionem regni nostri Anglie et Ecclesie Anglicane concernent quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium tertio die Novembris proxâ—futur teneri ordinavimus et ibid. vobiscum ac cum Prelat magnatibus et proceribus dict. Regni nostri colloquium habere tractare vobis sub fide et ligeanciis quibus nobis tenemini firmiter injungend mandamus quod consider at dictorum negotiorum arduitate et periculis imminentibus cessante excusatione quacunque dict. die et loco personaliter intersitis nobiscum ac cum prelatis magnatibus et proceribus predictis super dictis negotiis tractatur vestrumque consilium impensur et hoc sicut nos et honorem nostrum ac salvationem et difensionem Regni et Ecclesie predictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me apud West decimo octavo die Septembris Anno Regni nostri 16. THE FORME OF THE Writ to the Sheriffe c. for the election of the Knights and Burgesses to assemble in Parliament REX Vic. N. c. Salut quia de advisamento et assensu consilii nostri pro quibusdam arduis et urgentibus negotiis nos statum defensionem Regni nostri Anglie et Ecclesie Anglicane concernen quoddam Parliamentum nostrum apud Civitatem nostram West tertio die Novembris prox futur teneri ordinavimus et ibid. cum prelatis magnatibus et proceribus dicti Regni nostri colloquium habere et tract. Tibi precipimus firmiter injungentes quod facta proclamation in prox Comitat. tuo post receptionem huius brev. nostritenend die et loco predict duos milit. gladijs cinct magis idoneos et discretos Comit. predict et de qualib Civitate com illius duos Cives et de quolibet Burgo duos Burgenses de discretior et magis sufficientibus
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 of 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 Printed in the yeare 1641. DIEV ET MON DROIT THE MANNER OF HOLDING A PARLIAMENT in the second of Edward the Confessor Sonne of K. Etheldred HERE is described the Manner after which the Parliament of the King of England and of his English People was kept in the times of King Edward the Sonne of Etheldred the King which manner was rehearsed by the discreet sort of the Kingdome before William Duke of Normandy the Conquerour and King of England the Conquerour himselfe commanding this and by himselfe approved and used in his times and in the times of his successours Kings of England Of the Summons of Parliament The Summons of Parliament ought to goe forty dayes before the first day of the Parliament Concerning the Clergie The Parliament ought to be summoned and come the Arch-Bishops Bishops and other chief of the Clergie who come thither by holding of some County or Barony and because of such tenure and not otherwise and none of the lesse degree of the Clergie unlesse their presence or coming thither may be required in some other respect then by their tenures or unlesse they be of the Kings Counsell or their presence may be deemed necessary or accounted profitable for the Parliament and the King is bound to minister unto them their costs and expences in coming and tarrying at the Parliament Neither ought such of the lower degree of the Clergie men to be summoned to the Parliament but the King was wont to gether to send out his Writs to such men requiring them that they should be present at his Parliament Also the King was wont to give Summons to the Arch-bishops Bishops and other exempted persons or to Abbots Priors and other Ecclesiasticall persons that have by such exemptions and priviledges their severall jurisdictions according to their severall Deaneries and Arch-deaneries of England through their Deaneries and Arch-deaneries aforesaid should cause to be chosen two skilfull and fit Proctors or Clerks of the Convocation house out of the same Arch-deanery to come and to be present at to answer to undergoe to alledge and to doe there that which all and every Parson of their Deaneries and Arch-deaneries should if they and all and every of them were personally present there And that such Proctors or Clerks of the Convocation house come with their two Warrants sealed with the seales of their superiours because they are chosen and sent to such a Proctorship The one of which Letters should be delivered to the Clarke of the Parliament to be enrolled and the other remaine in the Proctors and Clerks themselves and so under these two kinds of Summons the whole Clergie ought to be Summoned to the Kings Parliament Concerning the Laity Also all and every Earle and Baron and their Peeres ought to be summoned and come to the Parliament to wit those that have Lands and Revenues to the value of a whole County which maketh foure hundred pounds in the whole or to the value of one whole Barony to wit Thirteene fees and the third part of one Knights fee every fee being reckoned at twenty poundes maketh in the whole foure hundred markes and no lower Lay-men ought to be summoned to come to the Parliament by reason of of their tenure unlesse their presence for other causes be profitable and necessary to the Parliament and then they ought to be dealt withall as is said of them of Ae Lower degree of the Cleargy men who are not bound by reason of their tenure to come to the Parliament Also the King was wont to send his writs to the Warden of the Cinque Ports that hee might cause to be chosen to come and bee present at the Parliament to answere undergoe and do there that which their Burroughs themselves should do if all and every one of them were personally present there and such Barrons should come with their two Warrants sealed with the common seales of their Ports to shew that they were orderly chosen and sent from the Barronies to that end the one whereof shall bee delivered to the Clarke of the Parliament and the other to remaine with the Barrons themselves And when such Barrons of the Ports having obtaind Lycense should depart from the Parliament then they were wont to have a writ under the great seale of the Warden of the Cinque Ports that they might have their reasonable costs and expences meet for such Barrons out of the County of the Port from whence they came towards the Parliament untill the day wherein they returned home to their owne houses there being expresse mention made in the writ of the stay they made at the Parliament and of the day wherein to returne Yea there was wont sometimes mention to be made in the writ how much such Barrons should take of the Counties from whence they came for a day to wit some had more some had lesse according to the ability and honesty of the persons themselves neither were they wont to put downe for two Barrons above twenty shillings by the day and yet therein had they respect to their charges of their stayings labour and expence neither were such uncertaine expences to be put downe and allowed by the Court for all and every one so chosen and sent for their Counties unlesse the persons themselves were honest and behaved themselves well in the Parliament Touching the Knights of the Shire Also the King was wont to send his writs to all the Sheriffes of England that every one might cause to be chosen out of his owne Countie through the Country it selfe two Knights fit honest and skillfull to come to his Parliament after the same manner which is spoken of the Barons of the Ports and for their warrants they should come after the same manner But for the expences out of one County for two Knights there was not wont to bee set downe and allowed aboue one Marke a day and now eight shillings a day to wit for every one of them foure shillings Touching the Citizens After the same manner Commandement was wont to be given to the Major and Sheriffe of London the Major and Bayliffes to the Major and Citizens of Yorke and of other Cities that they for the County of their City should choose two fit honest and skilfull Citizens to come to the Parliament after the same manner which
is spoken of the Barons of the Cinque Ports and the Knights of the Shires and the Citizens were wont to be Peeres and equalls with the Knights of the Shires in expences all the while they came tarryed and returned from the Parliament Touching the Burgesses After the same manner commandement was wont to be given to the Bayliffes and honest men of Burrowes and Townes Corporate that they ought of themselves and by themselves to choose two fit honest and skilfull Burgesses to come and be present at the Kings Parliament after the same manner as is spoken concerning Citizens but two Burgesses were not wont to receive by the day for their expences above ten shillings and somtimes not above a noble which was wont to be taxed by the Court according to the greatnes of the Burroughs and the persons sent hitherto hath been declared the form quality and persons how long a time before the Summons of the Parliament ought to be made and who are those that ought to come by the Summons and who not Now secondly we must shew who they are which by reason of their Offices ought to come and are bound to be present at the Parliament time without Summon whereupon we must make the two principall Clerks of the Parliament elected by the King and his Councell and other secondary and undertakers of whom and whose Offices we will speak more specially afterwards and the principall Cryer of England with their under-Cryers and the principall Porter of England with two Offices were wont to belong to one person These two Officers are bound to be present the First day The Chancellour of England the Treasurer and Chamberlaines and Barons of the Exchequer Justices and all the Clerks and the Kings Knights together with them that sue for the Kings Pleas who are of the Kings Counsell are bound to be present the second day unlesse by Order they be excused Touching the beginning of Parliament The Lord the King shall sit in the midst of the great Bench and is bound to be present in the First and Last day of Parliament And the Chancellour Treasurer Barons of the Exchequer and Justices were wont to Record the defaults made in Parliament according to the Order following In the First day the Burgesses and Citizens of al England shall be called at which day if they doe not come the Shires shall be amerced at an hundred pounds In the Third day of the Parliament the Barons of the Cinque Ports shal be called and afterwards the Barons of England after them the Earles whereupon if the Barons of the Cinque Ports do not come the Barony from whence they are shall be amerced at an hundred Marks and an Earle at an hundred pounds And after the same mannerit must be done with those that are equall to Earles and Barons namely which have Lands and Revenews to the value of an Earldome or of one Barony as before said In the Fourth day the Proctors of the Clergie or Clerks of the Convocation house shall be called if they come not their Bishops shall be amerced for every Archdeanery one hundred pounds In the First day the Deanes Priors Abbots Bishops and at length the Archbishops shall be called who if they doe not come every Archbishop shall be fined at an hundred pounds and every one holding a whole Barony or Abbots Doctors at an hundred Marks In the First day Proclamation ought to be made in the Hall or in the Monastery or in som publique place where the Parliament is to be held and afterwards publickly in the City or Town That all those who would deliver Petitions or Bills to the Parliament that they may deliver them the First day and soother five dayes next following Touching the Preaching at the Parliament An Archbishop or Bishop or some great Clerk discreet and eloquent chosen by the Archbishop in whose Province the Parliament is held ought to preach one of the said five dayes of Parliament and in the presence of the King and this must be done when the Parliament for the greater part shal be joyned and gathered together In his Sermon he shall admonish and exhort the whole Parliament that they with him humbly pray God and worship him for the peace and tranquility of the King and Kingdome as shall be said in the Title following Touching the Speech for the Parliament After the preaching the Chancellour of England or the Lord Chiefe Justice of England or some other fit honest and eloquent Justice or Clerke chosen by the Chancellor or Chief Iustice themselves ought standing to pronounce the causes of the Parliament Whosoever they be whilest they speake shall stand except the King so that all of the Parliament might heare him that speaketh or if he speake somthing darkly or in a talke lowe voyce let him speak againe and speak lowder also or let another speak for him Touching the Speech of the King after the Speech before mentioned The King after the Speech before mentioned ought to require the Clergie and Laity naming them after their degrees as Archbishops Bishops and Abbots c. Earles Barons Knights Citizens c. that they carefully diligently and heartily labour throughly to handle labour and deliberate in the businesse of the Parliament even as they shall understand and perceive that this shal be first according to the will and pleasure of God and afterwards for his and their honours and commodities Touching the Absence of the King in the Parliament The King is bound by all meanes possible to be present at the Parliament unlesse he be detained or let therefrom by bodily sicknes and then hee may keep his Chamber yet so as he ly not without the mannour or Towne at the least where the Parliament is held and then hee ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament That is two Bishops two Earles two Barons two Knights of the Shire two Burgesses and two Citizens to looke upon his person to testify and witnesse his Estate and in their presence he ought to make a Commission and give authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name expresse mention being made in that Commission of the cause of his absence then which ought to suffice and admonish the other Nobles and chiefe men in the Parliament together with the evident Testimony of the aforesaid twelve Peeres of theirs the reason is because there was wont to be a cry or murmur in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole Commonalty of the Parliament and Kingdome when the King shall be absent from his Parliament neither indeed ought hee or may be absent but onely in the case aforesaid Touching the places and sitting in the Parliament First as I before said the King shall sit in the mid place of the great Bench
and at his right side shall sit the Arch-bishop of Canterbury the Bishops of London and of Winchester and after them in order and course the other Bishops Abbots and Priors and on the left side the King the Arch-Bishop of York the Bishops of Durham and Carlile and after them the Earles Barons c. making alwaies a division of place betweene the foresaid degrees and their places that none sit but amongst Peeres and his equalls and the Steward of England too looke to this unlesse the King will assigne some other to it At the Kings foot at the right side shall sit the Chancellor of England and the chiefe Iustice of England and their fellowes and their Clarks who are of the Parliament and at his foot on the left side shall sit the Treasurer and Chamberlaine and Barons of the Exchequer the Iustices of the Bench and their Clarkes who are of the Parliament Touching the principall Clarkes of the Parliament There are two principal Clarkes of the Parliament who shall sit in the midst of the Iustices who shall enrole all the pleas and businesse of the Parliament and we must know that these two Clarks are not subject to every Iustice neither is every Iustice in England Iustice in the Parliament neither have they of themselves Record in the Parliament unlesse so far forth as new power shall bee assigned and given to them in the Parliament by the King and the Peeres of the Parliament and when they are assigned with other choyce men of the Parliament to heare and determine divers petitions and complaints offered in Parliament but these two Clarkes are immediately subject to the King and his Parliament in common unlesse perhaps one Iustice or two bee assignedto examine and amend their Inrolements And when the Peeres of the Parliament to heare and examine som Petitions by themselves then when they shall be of one mind and agreeing in rendring their judgements to such Petitions and the processe made concerning the same and they shall give their judgement in full Parliament so that the other two Clarkes principally Inrole all the pleas and all the Iudgements in the principall role of the Parliament and shall deliver these roles to the Treasurer before the going away of the Parliament referring yet notwithstanding to the same Clarkes one transcript and count er-role thereof if they will have it These two Clarkes unlesse they be in other office under the King and take of him such fees as whereby they may live honestly and well shall receive of the King every day a marke for their expences to be divided betweene them by equall portions unlesse they be at the Kings board otherwise halfe a mark a day during all the Parliament Touching the five Clarkes of the Parliament The King shall assigne or appoint five skilfull Clerks the first whereof shal be Minister to and serve the Bishops The second the Proctors of the Clergie or the Clerks of the Convocation house The third the Earles and Barons The fourth the Knights of the Shire The fifth the Citizens and Burgesses and every one of them unlesse he be with the King and take of him such a fee or such Revenews that hee may thereupon live honestly hee may take by the day two shillings of the King unlesse hee be of the Kings board if he be then to have but twelve pence which Clerks shall write the doubts and answers that they which shal be present at the Parliament make to the King and at the Parliament and communicate their Counsells unto them whensoever they will have them and when they shall be at leasure they will send the principall Clerks to inroll them Concerning Cases and Judgements which are heard When a cause of Truce doubt or hard case of peace or warre doth break forth or otherwise the case be referred in writing in full Parliament and left it to be handled and disputed there between the Peeres or equalls and if it be needfull let it be enjoyned by the King or on the Kings part if the King be not present to every degree of Peeres or equalls that every degree it selfe may goe there to it selfe and let that case be delivered to their Clerke in writing and let them cause the case to be recited before them so that they doe ordaine and consider among themselves how and after what sort they may better proceed and more justly in that case as they for the person of the King and their own persons and the persons also of those whom they represent will answer before God let them bring their answer and advise in writing and let them proceed in all their Answers Councels and advises heard of either side or to and fro as we said according to better and more sound counsell and judgement and when at the least the greater part of the Parliament doth agree And if by the discord between the King and some Noblemen themselves either the people may be weakned or the Countrey may be troubled so that it seem to the King his Councell that it were expedient the businesse be handled and amended by consideration of all the Peeres of the Kingdome Or if through warre the King or Kingdome might be troubled or if a hard case doe come before the Chancellour of England or a matter hard to be judged of shall be brought before the Justices or such like or if perhaps in such deliberations all or at least the greater part cannot agree then the Earle that is Steward the Earle that is Constable and the Earle Marshall or two of them shall choose five and twenty persons of all the Peeres of the Kingdome and three Proctors or Clerks of the Convocation house for the whole Clergie two Earles and three Barons five Knights of the Shire five Citizens and Burgesses who make five and twenty and those five and twenty may choose if they will twelve of them and condiscend to them and those twelve choose six and condiscend no fewer unlesse license be obtayned from the Lord the King And if the King consent to three these three may condescend to two and may descend to another and so at length his Ordinance shall stand above the whole Parliament and so condescend from twenty and five persons to one onely person unlesse the greater number will agree and ordaine at the length one person as is said shall agree for all who cannot disagree from himselfe This being observed and also reserved the King and his Councell that they may examine and amend such Ordinance after them which shall be written if they know how to doe it and will performe it yet so as they doe it there in full Parliament and by the consent of the Parliament and not contrary to the Parliament Touching the Order of deliberating businesse in the Parliament The businesse for which the Parliament ought to be deliberated on according to the Calendar of the Parliament and according to the Petitions and affiled no respect being had
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 Parliâ—ment may heare him None shall enter into Parliament nor goe out oâ—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