as for the time and matter sufficient The imperfections if any be I wil heer after as occasion shall serue supply and amend in the meane time hauing ioyned the same vnto this and thinking it moste meet to be offred vnto you I doo moste humbly pray you accept the same in good parte The Lord God from whome commeth what so euer is good and who directeth the councels of the Iust and prospereth the diuices of the godly send his holy spirit vpon you that you liuing in the feare of him may hate iniquitie abhorre couetousnes and without affection giue iust Iudgements and in all trueth equitie and iustice gouerne rule and direct the people ouer whome he hath made you the gouerners and Rulers whereby his name may be glorified the common welth prospered and you at length sitting with the xxiiij Elders may be crowned with them and inioy that peace and blessing whiche is prepared for such as execute iustice and giue true Iudgements Post mortem Vita The olde and auncient order of keeping of the Parlement in England vsed in the time of King Edward the confessor FIrst the monicion or summons of the Parlement ought to be made or doon forty dayes before the beginning of the Parlement The Summons of the Spiritualtie ALl Bishops Abbots Priors and all other great Clarks that holde by countie or barony by reason of their holding ought to be monished and also to come to the Parlement and none other inferiours of the Clergie vnlesse their presence were profitable and necessary for the Parlement And to those the King is bound to giue their costê comming abiding at the ParlemeÌ„t and such inferiour Clarks not to be monished to come to the Parlement But the king was accustomed to send his writs vnto such discrete men desiring them to come and be at the Parlement Also the King was accustomed to send his monicions or summons to the Archbishops Bishops and other exempt persons that is to say Abbots Priors Deanes and other ecclesiastical persons that haue iurisdiction by such exemption and distinct priuiledges that they for euery Deanry and Archdeconry through England should elect and choose or cause to be elected chosen two discrete and wise proctors of their owne Archdeconry whiche should come and be at the parlement there to sustain and alow and to doo that thing that euery man of their Deanry or Archdeaconry might doo if they weer there in proper persons those Proctors so sent for the Clergie should bring with them their double proxies sealed with double seales of their superiours The one of the proxies to remain with the Clarks of the Parlement and thother to remain with the said proctors and vnder this maner the Clergie ought to be called to the Parlement The summons of the Temporaltie ALso all and euery Earle Baron and their péeres that is to say that haue lands and rents to the value of an Earldome or of a whole Barony that is to say xx knights fées euery fée contayning .xx. pound land which amounteth to iiij hundred pound in the whole or to the value of an whole Barony that is to say xiij fées and the third parte of a knights fée euery fée accounted at xx pound which amounteth in the whole to iiij hundred Marks And no inferior persons of the Temporaltie shall come to the Parlement by reason of his holde vnlesse his presence be necessary and profitable and they to be ordred for their charges at the kings costs as is spoken of before of the inferior Clerks The summons of the Barons of the fiue Portes ALso the King ought to send his writs to the warden of the fiue portes that he should cause to be elected or chosen for euery of the said portes two discrete wise Barons that should come and be present at the Parlement there to answere sustain aledge and doo all things concerning the said parlement aswel as if all and euery of the Barons were there personally And these Barons so elect and chosen shall bring with them their double proxies double sealed with the common seal of the port The one therof to be deliuered to the Clarkes of the Parlement and the other to remain with the said Barons so chosen and elected And when it shall chaunce the said Barons licence obteyned to departe they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their resonable expences doon from the first of their comming to the Parlement vntil the time of their departing and comming home to be leuied of the comminaltie of euery party hauing expresse mention made in the writ from the said first day of their comming vntil the time of their licence obteyned and it was accustomed that mention should be made in the said writ what euery Baron should take of the coÌ„mons for a day that is to say some more some lesse a consideration and respect had to the honestest for their tarying labours expences and it was not accustomed that any certain sum was limitted by the said Court. Of the knights of the Parlement ALso the king was accustomed to send his writê to all the Shirifs within the Realme that they should cause to be chosen two honest wise and discrete knights for euery Shéere to come to the Parlement with such proxies as is before spoken of the Barons of the fiue portes But for the expences of the said two knights for euery shéere was not accustomed to be graunted abooue .xiij. shillings .iiij. pence for a day Of the Citizens of the Parlement IN the like the Maior of London and the Shiriffes The Maior and Baliffes or the Maior and Citizens of York and all other Cittyes were wunt to be warned that they for the comminaltie of their cittyes should elect choose two discrete honest wise Citizens to come and be at the Parlement vnder the fourme as is spoken of before of the Barons and of the knights of the shéere And the said Citizens were accustomed to be like and equall in their expences for comming abiding and returning to and from the Parlement as are the knights Of the Burgesses of the Parlement IN like manner the Bayliffes and wise men of the Boroughes were accustomed and ought to be warned that they should choose two discrete honest and wise Burgesses of them selues and by theÌ„ to come and be at the Parlement in like maner as is spoken of the Citizens But it was not accustomed that twoo Burgesses should haue for their charges abooue x. shillings sometime not abooue vj. shillings .viij. pence and that should be taxed by the Court after the habilitie of the borough and the honestie of the Burgesses Of the two principall Clarkes of the Parlement ALso two principall Clarkes of the Parlement shall sit in the midst of the Iustices which shall inrolle all plaintes and matters of the Parlement And it is to be knowen that these twoo Clarkes be not subiect to
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 summoÌ„ 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 ChauÌ„celler 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 writê 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 CitizeÌ„s 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 Knightê 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 IndeÌ„tures 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. peÌ„ce 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 theÌ„ce Prouided that euery such person shal be alowed for so many daies as by iorneyiÌ„g 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
any of the Iustices of England nor that any Iustice hath any aucthoritie in the Parlement except he be assigned to any thing by the King and Péeres of the Parlement And when they be assigned with other Suetors of the Parlement to hear and determin diuers pleaes and peticions to be finished by Parlement yet the twoo Clarks to be immediat subiectê to the King and Parlement in commoÌ„ vnlesse one of the Iudges or two be assigned to examin and ameÌ„d their inrolling And if the péeres of the ParlemeÌ„t be assigned to hear examin any speciall petition after they haue broken their matter they shall giue their sentence and Iudgement in the ful Perlement and the two Clarks inrolle the same and all other plaints and iudgements of the Parlement in the principall of the ParlemeÌ„t and there to deliuer those rolles to the Treasurer before the Parlement be finished Prouided that the said Clarks shall haue a transumpt or Copy of it if they list and these two Clarks shall haue for their expeÌ„ces xiij shillings and iiij pence vnlesse they haue any fees or offices by the king and be dayly waitors hauing meat and drink of the Kings cost and then they to haue .vj. shillings and viij pence euery day during the Parlement Of the fiue Clarks ALso the King shall assigne fiue Clarks wise and approbate of whom the first shall atteÌ„d the Bishops The second the proctors of the Clergie The third the Earles and Barons The fourth the knights of the Shéeres and the fifth the Citizens and Burgesses And euery of them shall haue ij shillings a day vnlesse they be the Kings seruants and haue sufficient liuing of the King then they to haue but xij pence the day which Clarks shall write all doutes betwéen the King and the Parlement and they to be at their couÌ„cels where so euer they be commauÌ„ded And in cace they shal be vacant they shall help the two principall clarks to inrolle their busines Of the causes and douts of the Parlement WHen any breach difficultie of dout or defuse cause of warre or peace dooth appéer within the Realme or without that cace ought to be declared in writing in the ful Parlement there to be treated and disputed among the Péeres of the Parlement and if it be necessary the King shall commaund or in the Kings name it shal be commaunded that euery degrée and the persons of euery degrée of the Parlement shal be present in the parlement and to the Clark of euery degrée in the Parlement the cause breach and dout shall be deliuered and by him at a certain place to be to them deliuered and declared And the vpon they to study imagine and consider how this dout or breach may be prouided for as they in time comming shall make answere for the prseruation of the King them selues and the commons whose persons they doo represent and so in this behalfe they shall make their answere or councel to be written so that euery degrées answere and aduisement heard the whole Parlement to admit and alowe the best and wisest councel and therafter to doo and wheras béen diuers opinions then to incline to the more parte of the Parlement And in cace there be any discorde betwéen the king and any of the estates or betwéen estates wherby the peace of the Realme or the people of the countrie might be disturbed in this cace if the King think it expedient it ought to be commoned of and reformed by the aduise of all the Péeres of the Realme Or in cace the King and Realme béen troubled with warres or a doutful cace be depening before the ChauÌ„celler of England or a defuse iudgement be depending before the Iustices and if in those the Péeres of the degrées of the Parlement cannot agrée then the Earle Steward the Earle Constable and the Earle Marshall or twoo of them shall elect .xxv. persons of euery degrée of the péeres of the Realme that is to say twoo Bishops thrée proctors for the Clergie two Earles thrée Barons fiue knights of the Shéeres fiue Citizens and fiue Burgesses and these .xxv. may condiscend into xij of them selues and these xij into .vj. of them selues and these six may condiscend into thrée but these thrée cannot condiscend into a lesse number without the Kings concent and then those thrée may condiscend into two and the two into one and after his opinion and determination the matter shal be ordered vnlesse the King wil discent as he may and then may he and his councel examin and amend the ordination so it be vnwritten and doon out of the Parlement house without their concents Of matters of the Parlement THe matters whereof the Parlement is holden or kept ought to be deliuered into the Parlement and to be called vpon in manner of a kalender according to euery mannes petition and no respect to be had to any mannes person but that he who layeth first his bil in shal be first heard In the Kalender of the Parlement euery matter ought to be had in memory vnder this manner and forme First of warres if their be any of matters concerning the King and Quéenes person and of their Children Secondly of matters concerning the common weale and to ordain new lawes debarring th' olde lawes made in times past whose execution haue béen preiudiciall Thirdly the matters concerning the priuat weale and these to be examined according to the file and Kalender as is before writen The dayes and houres of the Parlement THe Parlement shal be holden euery day Sundaies Allhallon day all soules day the natiuitie of Saint Iohn the Baptist excepted And euery feriall day it should begin at mid prime time and that houre the king is bound to be in the Parlement and all the péeres of the Realme On the holy daies the parlement shall begin at the prime because of the diuine seruice should be first heard The degrees of the Parlement THe King is head and chéef at the beginning and at th' end of the parlement and to him no comparison is to be made and so the King is one degrée by him self The second is of Archebishops Abbots and Priors holding by Baronyes The third is of the Proctors of the Clergie The fourth of Earles Barons and other estates and gentles holding to the value of an Earledome or Baronye as is before written The fift of Knights of the Shéeres The sixt of Citizens and Burgesses and so the Parlement is of six degrées And it is to be noted that if any of the said degrees be absent after their first lawful monicions or summons the Parlement is not of sufficient effect The forme of the Parlement SIth it is showed vnder what forme euery man ought to be monished and how long time the monitions should be and what they be that should come vnto it it is to be knowen who they be that ought to be monished to come to the Parlement by reason of their offices And also
it is to be noted that the two principall Clarks of the Parlement for the King and his Councel and other secondary Clarks of whom and of whose office mencion shal be héerafter made The chéef Cryer of England with his deputies and the chéef Porter of England howbeit these two offices were accustomed to be occupyed by one person these ought to be there the first day of the Parlement The Lord Chaunceler of England the Treasurer the Chamberlain the Barons of the Eschequer the Iustices all the kings Clarks and knights with Sergeants at the Law of the kings retinew or fée ought to be there the second day vnlesse they haue a resonable impediment or let Of the beginning of the Parlement THe King ought to be in the Parlement the first day and should sit in the midst of the high bench The sixt day the Chaunceller the Treasurer the Barons of the Eschequer and the Iustices were accustomed to recorde the defaults doon in the ParlemeÌ„t in forme folowing The first day they must call all the Citizens and Burgesses of all England and for lack of their apparaunce a Citty shal be amerced in a C. pound and a borough a C. markê The second day they shall call knights of Shéeres and in default of their apparance the shéere shal be amerced a C. pouÌ„d The third day the Barons of the fiue portes after them th' other Barons and then the Earles and for lack of apparance of euery Baron they shal be amerced a C. markê and of an Erle a C. pound the like shal be doon to them that be Earles and Barons Péeres that is to say as haue Lands and rents to the yéerly value of an Earledome or of a barony as is before expressed The fourth day the Proctors of the Clergie shal be called and for lack of their apparance their Bishops shal be amerced a C. marks for euery Archdeaconry that maketh default The fifth day Deanes Priors Abbots Bishops and Archbishops and for lack of apparaunce of an Archbishop he shal be amerced a C. pound a Bishop an Abbot and a Prior whiche holde an whole barony a C. marks Of the Proclamations THe first day of the Parlement proclamation shal be made first in the Hall or in the Monastery or some other open place where the Parlement shal be holden or kept and after in the Citty or Town opeÌ„ly that euery man hauing Bil or Peticion to be eranuned or determined in the Parlement that is should be laid in within fiue dayes of the beginning of the parlement Of the preaching of the Parlement AN Archbishop or some famose discrete and eloquent Clark tobe assigned by the Archbishop in whose prouince the Parlement shal be kept and holden shall preach on the first of the fiue dayes in the ful Parlement in the Kings presence and he shall begin when all the Parlement or the moste parte shal be there assembled in his prison or prayer he shall require all the whole Parlement that they humbly beséech almightie God for the peace and tranquilitie of the King and Realme Of the Speaker of the Parlement AFter the Sermon doon the L. Chaunceller of England or the chéef Iustice elect shall stand declaring in the parlement house first generally and then specially the causes of the Parlement and wherfore the same is holden And it is to be noted that euery man the King excepted shall stand while the said Speaker dooth declare his matter to th'entent that euery man may hear him in cace he doo speak obscurely or darkly or so lowe that he cannot be heard he must begin again or els an other speak in his place What the King shall say after the Speaker hath doon THe King after the speaker hath declared the causes of the Parlement shall desire the Spiritualtie and the Temporaltie naming euery degrée that is to say Archbishops Bishops Abbots Priors Archdeacons proctors and others of the Clergie Earles Barons knights Citizens and Burgesses and others of the Temporaltie that they doo diligently studiously and loouingly indeuer them selues to examin pertract and handle the causes of the Parlement to the honor of God principally secondarely to the Kings honor and lastly to the welth of the Realme Of the Kings absence THe King ought dayly to be present in the Parlement vnlesse he be sick or diseased and then he may kéep his chamber so that he lodge not out of the manor or town where the Parlement is holden and then he ought to send for xij persons of the great estates that be monished or summoned to the Parlement wherof two to be Bishops two Earles two Barons two Knights two Citizens and two Burgesses to sée his person to certifie of his estate in their presence he ought to commit power to the Archbishop of the prouince to the Lord Steward and to the chéef Iustices that they ioyntly and seuerally shall begin and continew the Parlement in the Kings name making expresse mention in his commission of his disease to th' other estates and that the persons abooue named can expresse the same for it is a perilous cace and dangerous for the communaltie and Realme that the King should be absent from the Parlement but onely for bodely sicknes Of places and seates in the Parlement FIrst as it is before said the King shall sit in the midst of the bench vpon the right hand the Archbishop of Canterbury at his left hand the Archbishop of Yorke and then Bishops Abbots and Priors in order and then euery man in his degrée and amongst his péeres and that this order be kept the Lord Steward of England is bound to look vnto vnlesse the King assigne some other At the Kings righ foot the Chaunceller of England the chéef Iustice of England with his felowes and their Clarks that be of the ParlemeÌ„t And at his left foot shall sit the Treasurer the Chamberlain the Barons of the Eschequer the Iudge of the common place with their Clarks that been of the Parlement Of the porters of the Parlement THe chéef Porter of the Parlement shall stand within the great gate or Monastery hall or place wher the Parlement is holden and shall attend that no man enter into the Parlement except he be called for matters that he sheweth in the Parlement And it is expedient that the said Porter haue knowledge of euery mannes name that shall enter into the Parlement and if need require to haue many porters vnder him Of Cryers of the Parlement THe Cryer shall stand without the Parlement door and the Porter shall shew him when and what he shall call The king was accustomed to appoint his SergeaÌ„ts at armes to kéep the Parlement door that no thrust presse or noyse were made there by meanes wherof the Parlement might be letted and that such thrust preace or noyse might he auoyded and proclamation should be made that no person enterprise such things there vnder pain of imprisonment for by Law
the Parlement door should not be shut but he kept by the Porter or Sergeaunt at Armes Of the help for the King. THe King was not accustomed to demaūd help of his Realme but onely for war that was instant or for the creation of his Sonnes to bée made knights or his Daughters to be maryed and these helps ought to be demaunded in the ful Parlement and in writing to be deliuered vnto euery degrée and they in writing to make answere And if this help ought to be graunted then euery degrée of the Parlemēt should cōcent therto And it is to be knowen that two Knights or two Citizens or two Eurgesses whiche come to the Parlement in graunting or denying any thing demaunded in the Parlement haue more aucthoritie then the greatest Earle in England And in like cace two proctors for the Clergie in one diocesse haue more aucthoritie then their Bishops in things to be graunted or denyed in Parlement and the reason is this The King may holde his parlemēt for the communaltie of his Realme without Bishops Earles or Barons so that they haue lawful sūmons and come not for some time there was no Bishop Earle nor Baron and yet the King hid kéep his Parlemēt but of the contrary if the communaltie of the Clergie and of the Temporaltie be monished to the parlement as they ought to be by the Law and for certain causes they doo not or wilnot come as if they pretend that the King hath not ruled or gouerned them accordingly and doo therin expresse wherin he hath not ruled them accordingly in this cace the Parlement whiche the King holdeth with the Bishops Earles and Barons is of no effect and therfore in all things that are to be graunted ordayned established or broken by parlement the communaltie of the parlement of necessitie must concent therunto For in the cōmunaltie are conteyned iiij degrées of Parlement that is to say proctors of the Clergie Knights of Shéers Citizens of Cittyes and Burgesses of Townes these persons doo represent the whole cōmunaltie of England wher as th' other estates doo represent but their owne persons For billes and peticions of the Parlement THe Parlement ought not to bée ended whiles any peticion dependeth vndiscussed or at least to whome a determinate aunswere is not made and if the King permit the contrary hée is periured also no Péere of the Parlement shall departe from the same without licence obtayned of the King and of his péeres which licence is to be obteyned in open parlement and to be recorded in rolle of Parlement And if it happen any of the Péeres to be sick during the Parlement so that he cannot come to it then for thrée dayes he shall send his excuse to the Parlement but if after thrée dayes passed he come not then two of his péeres shal be sent to him to sée his person and therof to aduertise the Parlement and if any suspicion be had these two Péeres shal be sworne to testifie the very trueth and if it appéer he haue fained him self sick he then to be amerced as a fault for his not appéeraunce at the beginning of the Perlement and if he be sick then before then he shall make a sufficient to appéer in Parlement for him No person of the Parlement can be excused hauing his helth and memory The ending of the Parlement THe finishing of the Parlement must be assigned appointed and openly proclamed bothe in the Parlement and within the palace of the Parlement And if there be any wil say that he hath no answere of his bil deliuered into the Parlement then the Parlement to continue but if no man so say it is to be supposed that euery man hath remedye or assigned how to haue remedy by the Lawes and at the proclamation made if there be no Billes to be laid in the King may licence his Parlement Of the Coppyes of the Records of the Parlement THe Clark of the Parlement shall deny to no man the coppy of his processe but shall deliuer vnto euery man that demaundeth it taking for euery ten lines a peny And if the party be poore and therupon maketh his othe to haue nothing the rolle of the Parlement shal be tenne inches brode The Parlement shal be kept whersoeuer it shall please the King. THese orders in processe of time did successe and were out of all vse few or no Parlements béeing kept from the time of William the Conqueror vntil the reign of King Edward the first who by th' aduise of his wise learned counsailers prescribed a forme order how the Parlements within this Realme should be obserued and kept which orders also in the course of certain yéeres grew out of vse in many points and the order héer ensuing is that which is in our dayes receiued and vsed THE ORDER AND Vsage how to keep a Parlement in England in these dayes colected by Iohn Vowel alias Hooker gentleman one of the Citizens for the Cittie of Exeter at the Parlement holden at VVestminster Anno domine Elizabethae Reginae decimo Tertio 1571. By whome and for what cause a Parlement ought to be summoned and called THe King who is Gods anoynted béeing the hed and chéef of the whole Realme and vpon whome the gouernment and estates therof doo wholy and onely depend hath the power and authoritie to call and assemble his Parlement and therin to séek aske the aduise councel and assistāce of his whole Realme and without this his authoritie no parlement can properly be summoned or assembled And the King hauing this authoritie ought not to summō his Parlement but for weightie great causes and in which he of necessitie ought to haue the aduise and counsel of all the estates of his Realme whiche be these and suche like as foloweth First for Religion for for asmuche as by the Lawes of God and this Realme the King next and immediatly vnder God is his deputye and Vicar in Earth and the chéefest ruler within his Realmes and dominons his office function and duty is abooue all things to séek and sée that God be honored in true Religion and Vertue and that he and his people doo bothe in profession and life liue according to the same Also that all Idolatries false Religions heresies scismes errors supersticions and what so euer is contrary to true Religion all disorders and abuses either among the Clergie or the Laietie be reformed ordred and redressed Also the assuraunce of the King and Quéens persons and of their Children their aduancement preferment in mariages the establishing of succession the suppression of Traitors the aduoyding or eschewing of warres the attempting or mooving of warres the subduing of Rebelles and pacifying of ciuil warres and commotions the leuying or hauing any aide or Subsidye for the preseruation of the King and publique estate Also the making and establishing of good and wholsome Lawes or the repealing and debarring of former Lawes as whose execution may be
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 excoÌ„municated 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 theÌ„ 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 opeÌ„ly 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 Kingê seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right haÌ„d 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 beÌ„ches 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 preseÌ„ted 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 conseÌ„t then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
this house his office is to sit next before the Speaker at a Table vpon which he writeth and layeth his books He must make true entrie of the recordes and Billes of the house as also of all the orders therof The Billes appointed vnto him by the Speaker to be red hée must read openly plainly and sensibly The Billes which are to be ingrossed he must doo it If any of the house aske the sight of any Bil there or of the book of the orders of the house he hath to deliuer the same vnto him If any desire to haue the copy of any Bil he ought to giue it him receiuing for his paines after ten lines a peny He may not be absent at any time of sitting without speciall licence He ought to haue for euery priuate Bil passed and enacted forty shillings He hath allowed vnto him for his charges of the King for euery Sessions ten pound Of the Sergeant or porter of the lower house THe Sergeant of this house is commonly one of the Kings Sergeants at Armes and is appointed to this office by the king His office is to kéep the doores of the house and for the same he hath others vnder him for he him self kéepeth the door of the inner house wher the commons sit and séeth the same to be clene Also he may not suffer any to enter into this house during the time of the sitting there vnlesse he be one of the house or be sent from the King or the Lords or otherwise licenced to come in If any such person doo come he ought to bring him in going before him with his Mace vpon his shoulder If any be commited to his warde he ought to take charge of him and to kéep him in safetie vntil he be required for him If he be sent for any person or to go in any message hée must leaue a substitute behinde him to doo his Office in his absence He must alwaies attend the Speaker and go before him carying his mare vpon his shoulder His allowance during the time of the Parlement is xij d. the day of the Kings charges Also he hath of euery Knight and Citizen ij shillings and vj. pence and of euery Burgesse ij shillings If any be commaunded to his warde he hath of euery such Prisoner by the day .vj. shillings and .viij. pence If any priuate Bil doo passe and be enacted he hath for euery such Bil .xx. shillings Of the Conuocacion house THe conuocation house is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie And this their house is called the higher Conuocation house the other béeing named the lower Conuocation house Bothe these houses haue their seuerall Officers orders and vsages eche Officer hath his peculier charge and function as also certain allowances euen as is vsed in the Parlement houses of the Lords and commons The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before theÌ„ either of their owne motions or from the higher Court of Parlement or from the lower house of Conuocation or from any priuate person Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée which degrées are knowen by such degrées and offices in the Church as to euery of them is assigned for one hath the personage of a Preest an other of a Deacon this is a SubdeacoÌ„ he is a Sex ten and so foorth as such officers were wunt to be in the Church The Bishops doo not sit at the fore noon but onely at the after noon because they béeing Barons of the higher house of parlement doo resorte and assemble them selues there at the forenoones with the Temporall Lords The Conuocacion house of the rest of the Clergie doo obserue in a maner the like orders as the lower house of the commons doo vse for béeing assembled togither on the first day with the Bishops are by them willed to make choice of a Speaker for them whome they call the Proloquutor when they haue chosen him they doo present him vnto the Bishops and he thus presented maketh his oration and dooth all things as the Speaker of the lower house for the Commons dooth as wel for the ordering of the Clergie and of the house for his order in sitting the order in speaking the order of recording the things doon emong them and all other such like things And this is to be vnderstanded that the whole Clergie can deale and intreat but onely of matters of Religion and orders of the Church whiche their dooings conclusions cannot binde the whole Realme vnlesse they be confirmed by Act of Parlement but yet sufficient to binde the whole Clergie to the kéeping therof so that the King who is the supreme gouernour of bothe estates doo consent and confirme the same And forasmuch as by knowing the orders of the Parlement house you may also knowe the orders of bothe the Conuocation houses which are like and correspondent to y others These shall suffise for this matter Of extraordinary persons which ought to be summoned to the Parlement BEsides the personages of the former degrées which ought to be summoned to the parlement the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house namely the two chéef Iustices and their associates of the Kings bench and the common places the Barons of the Eschequer the Sergeants the Attorney the Soliciter the Maister of the Rolles and his fellowes of the Chauncerye The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes Also if any Bil be conceiued and made disorderly they ought to amend and reforme the same vpon order and commaundemet to them giuen Also they must attend to come and go at the commaundement of the King and Parlement Also they may not speak nor giue aduise but when they be asked and put to question Also they haue no voice in Parlement because they are commonly councellers to the same They are all retained at the Kings charges Likewise all officers of the Parlement are to be summoned as namely the Chaunceller of the Parlement the Clarks the Sergeants the Porters and such others who likewise are retained at the Kings costs Of their offices and charges it is alredy perticulerly declared Of the dayes and houres to sit in Parlement ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes as namely the feasts of All hallown day Christmas Easter Whitsontide and Saint Iohn the Baptistê day also such other dayes as the Parlement
by concent shall appoynt and assigne The beginning is at eight of the clock in the morning and dooth continew vntil .xi. of the clock They doo not sit at after noones for those times are reserued for Committies and the Conuocation house In the morning they begin with the Common prayer and Letanye which are openly red in the house Of the King his office and authoritie HAuing declared of all the estates degrées and personages of the Parlement it resteth now to speak also of the King and of his office who is all in all the beginning and the ending and vpon whome resteth and dependeth the effect and substaunce of the whole Parlement for without him and his authoritie nothing can be doon and with it all things take effect neuerthelesse when he calleth and assembleth his Parlement there are sundrye orders whiche of him are to be obserued and which he ought to sée to be kept and executed or els the Parlement surcesseth to be a Parlement and taketh not his effect of whiche orders these be the chéef which doo insue First the King ought to send out his summons to all the estates of his Realme of a Parlemēt assigning appointing the time day and piace Also his summons must be at the least forty dyaes before the beginning of his Parlement Also he must appoint and prouide all such officers as ought to attend the Parlement who must be found at his charges Also the King ought not to make any choice or cause any choice to be made of any Knight Citizens Burgesses Proctors of the Clergie Speaker of the common house or Proloquutor of the Conuocation house but they must be elected and chosen by the lawes orders and customs of the Realme as they were wunt and ought to be and the Kings good aduise yet not to be contemned Also the king ought to graunt permit and allow to all and euery of the estates and to euery perticuler man lawfully elected and come to the Parlement all and euery the auncient fréedoms priuiledges immunitie and customes during the Parlement as also during the times and dayes comming and going to and from the Parlement but yet the same humbly to be requested of his highnes by the Speaker in his oratiō at the beginning of the Parlement Also the King in person ought to be present in the Parlement thrée daies at the least during the time of the Parlemēt that is to say the first day when the whole estates according to the summons make their apparance whiche is called the first day of the Parlement On the second day when the Speaker of the common house is presented which is counted the beginning of the Parlement And the third day which is the last day when the Parlement is proroged or dissolued for vpon these dayes he must be present vnlesse in cace of sicknes or absence out of the Realme for in these caces the King may summon his Parlement by commission and the same is of as good effect as if he were present in person and as for any other dayes he is at his choice and libertie to come or not to come to the Parlement Also the King ought to propone vnto the Parlement house in writing all such things and matters of charge as for whiche he calleth the said Parlemēt and accordingly as the same shal then by the consent of all estates be aduised concluded and agréed so the King either hath to allow or disalowe the same for he can of him self neither adde nor deminish any Bil but accept the same as it is presented vnto him from the estates of the Parlement or els altogither reiect it Also the King as he dooth prefixe and assigne the day and time when the Parlement shall begin so also he must assigne and appoint the time when the same shal be proroged or dissolued whiche ought not to be as long as any matters of charge weight or importaunce be in question and the same not decided nor determined Of the dignitie power and authoritie of the Parlement and of the orders of the same THe Parlement is the hiest chéefest and greatest Court that is or can be within the Realme for it consisteth of the whole Realme whiche is deuided into thrée estates that is to wit the King the Nobles and the Commons euery of which estates are subiect to all suche orders as are concluded and established in Parlement These thrée estates may ioyntly and with one consent or agréemēt establish and enact any Laws orders Statutes for the common welth but béeing deuided and one swaruing from the other they can do no thing for the King though hée be the head yet alone cannot make any Law nor yet the king and his Lords onely nor yet the King and his Commons alone neither yet can the Lords and the Commons without the King doo anything of auail And yet neuerthelesse if the King in due order haue summoned all his Lords and Barons and they wil not come or if they come they wil not yet appéer or if they come and appéer yet wil not doo or yéeld to any thing then the King with the concent of his Commons who are represented by the Knights Citizens and Burgesses may ordain establish any Act or Law which ar as good sufficent and effectuall as if the Lords had giuen their consents But of the contrary if the Commons be summoned and wil not come or comming wil not appéer or appéering wil not consent to doo any thing aledging some iust weightie and great cause The King in these caces cannot with his Lords deuise make or establish any Law the reasons are these when Parlements were first begon and ordained there were no Prelats or Barons of the Parlement and the Temporall Lords were very few or none and then the King and his Commons did make a ful Parlement which authoritie was hetherto neuer abridged again euery Baron in Parlement dooth represent but his owne person speaketh in the behalf of him self alone But in the Knights Citizens and Burgesses are represēted the Commons of the whole Realme and euery of these giueth not consent onely for himself but for all those also for whom he is sent And the King with the consent of his Commons had euer a sufficient and ful authoritie to make ordain establish good wholesome Lawes for the commō welth of his Realme wherfore the Lords béeing lawfully summoned yet refusing to come sit or cōsent in Parlemēt cannot by their folly abridge the King and the Commons of their lawful proceding in Parlement The Lords and Commons in times past did sit all in one house but for the aduoiding of confusion they be now deuided into twoo seuerall houses and yet neuertheles they are of like and equall authoritie euery persō of either of the said houses béeing named reputed coūted a péer of the Realme for the time of the Parlement that is to say equall for Par is equall And
to choose such for Knights as be girded with the Swoord yet it is not ment therby that they should come and sit armed but bee such as be skilful in feates of Armes and besides their good aduises can wel serue in martiall affaires And thus the Romain Senators vsed who béeing men of great knowledge and experience as wel in martiall affaires as in politique causes sat allwaies in the Senate house and places of councel in their Gownes and long Robes The like also was alwaies and hath been the order in the Parlements of this Realme as long as the auncient Lawes the olde customes and good orders therof were kept and obserued Also if any other person or persons either in message or béeing sent for doo come he ought to be brought in by the Sergeant at the first entring must folowing the Sergeant make one lowe obeysaunce and beeing past in the middle way must make one other and when he is come before the Speaker he must make the third and then doo his message the like order he must kéep in his return But if he doo come alone or with his learned councel to pleade any matter or to answere to any obiection he shall enter and go no farther then to the Bar within the door aud there to doo his thrée obeysaunces Also when any Bil is committed the Committes haue not authoritie to conclude but onely to order reforme examin and amend the thing committed vnto them and of their dooings they must giue reporte to the house again by whome the Bill is to be considered Also euery Bil whiche is brought into the house must bée red thrée seuerall times and vpon thrée seuerall dayes Also euery Bil which vpon any reading is committed and returned again ought to haue his thrée readings vnlesse the Committes haue not altred the bil in any substaunce or forme but onely in certain woords Also when any Bil vpon any reading is altogither by one concent reiected or by voices after the third reading ouerthrown it ought not to be brought any more to be red during the Sessions of Parlement Also if any man doo speak vnto a Bill and be out of his matter he ought to be put in remembraunce of the matter by the Speaker onely and by none other and be willed to come to the matter Also whensoeuer any person dooth speak to any Bill hée ought to stand vp and to be bare headed and then with all reuerence grauitte and séemly spéech to declare his minde But when so euer any Bil shal be tryed either for allowances or to be reiected then euery one ought to sit because he is then as a Iudge Also euery Knight Citizen and Burgesse before he doo enter into the Parlement and take his place there ought to bée sworne and to take his othe acknowledging the King to be the supreme and onely gouernour of all the estates within his Realme as also to renounce all forrain Potentates The order of the beginning and ending of the Parlement ON the first day of the summons for the Parlement the King in proper person vnlesse he bée sick or absent out of the Realme béeing apparailled in his royall and Parlement Robes ought to be conducted brought by all his Barons of the Clergie and Laitie and the Commons summoned to the Parlement vnto the Churrh where ought a Sermon to be made by some Archbishop Bishop or some other famouse learned man The Sermon ended he must in like order be brought to the higher house of Parlement and there to take his seat vnder the cloth of estate likewise euery Lord and Baron in his degree ought to take his place This doon the Lord Chaunceller or he whom the King appointeth to be the speaker of that house maketh his oration to the whole assembly declaring the causes why wherfore that Parlement is called and summoned exhorting and perswading euery man to doo his best indeuor in all such matters as shal be in the said Parlement proponed as shal be moste expedient for the glory of God the honor of the King and the common welth of the whole Realme Then he directeth his talke vnto the Knights Citizens and Burgesses aduertising them that the Kings pleasure is that they doo repair to their house and there according to the olde and auncient custome to choose and elect some one wise graue and learned man emong them selues to be Speaker for them and giueth them a day when they shall present him to the king And these things thus doon the King ariseth and euery man departeth This is accounted for the first day of the Parlement THe second or third day after when the Speaker is to be presented the King with all his Nobles in like order as before doo assemble again in the higher house and then come vp all the commons of the lower house and then and there doo present their Speaker vnto the king The Speaker foorthwith maketh his dutiful obeysaunces beginneth and maketh his oration before the King and prosequuteth such matters as occasion serueth and as is before resited in the office of the Speaker and this doon euery man departeth And this is accounted for the beginning of the Parlement for before the Speaker be presented and these things orderly doon there can no Billes be put in nor matters be entreated of LAstly when all matters of weight be discussed ended and dermined the King commaundeth an end to be made And that day the King his Nobles and Commons doo again assemble in the higher house in their Robes and in like order as is before recited where the Speaker maketh his oration and is answered by the Lord Chaunceller or Speaker of the higher house Then all the Billes concluded and past in bothe houses that is to say in the higher house of the Lords and in the lower house of the commons are there red by the titles and then the King giueth his concent or discent to euery of them as he thinketh good And when the titles of all the the Billes are red the Lord Chaunceller or Lord Speaker by the Kings commaundement pronounceth the Parlement to bee proroged or cleane dissolued And this is called the last day or the end of the Parlement and euery man is at libertie to departe homewards The names of all such personages as ought to appeer and be in the Parlement In the higher house ¶ The King. The Lord Speaker A Proctor for the kingdome of Fraunce A Proctor for Scotland A Proctor for the Duchie of Aquitane A Proctor for the Duchie of Guyen A Proctor for the Duchie of Angewe The Archbishop of Canterbury The Archbishop of York The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Chichester The Bishop of Exeter The Bishop of Elye The Bishop of Couentrie The Bishop of Rochester The Bishop of Sarisbury The Bishop of Welles The Bishop of Norwich The Bishop of Lincolne The Bishop of Worcester The Bishop of Herford