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

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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
to any person let him first handle his cause that first propounded it In the Kalendar of the Parliament there ought to be rehearsed all the businesses of the Parliament and that after this order First concerning Warre if there be any Warre and concerning the other businesses touching the persons of the King of the Queen and of their Children Secondly concerning the commonbusinesses of the Kingdome as of making Laws when there shal be lacke of Law originall judiciall or executory of particular persons Thirdly the businesse of particular persons and that according to the Petitions offered as is aforesaid Touching the dayes and houres of the Parliament The Parliament ought not to be held on the Lords day but on the other dayes following that day alwayes excepted and three other to wit of All Saints of All Soules and of the Nativity of Saint Iohn Baptist It may be held and ought every day to begin at one of the clocke in the afternoone at which houre the King is to be present at the Parliment and all the Peeres of the Kingdome The Parliament ought to be held in a publique place and not in a private or secret place In the Holy dayes the Parliament ought to begin at one of the clock because of divine service Touching the Porters of the Parliament The principall Porter of the Parliament shall stand beneath the great Gate of the Monastery Hall or other place where the Parliament is held and must keep the dore so that none come into the Parliament but he which ought to come to the Parliament or shall be called for the businesse which he followeth in Parliament and it behooveth that the party have knowledge of the persons which should come in so that none at all be denyed entrance which is bound to be present at the Parliament And the Porter ought if it be needfull to have more Porters under him Touching the Cryer of the Parliament The Cryer of the Parliament shall stand without the dore of the Parliament and the Porter shall declare to him their Cryers The King was wont to assigne Sergeants at Armes to stand a great while together without the doore of the Parliament to make the doore so that none should make thrusting or tumults about the doore by which the Parliament might be hindred upon pain of taking of their bodies because of right the dore of the Parliament ought not to be shut but to be kept by Porters or Kings Sergeants at Armes Touching the standing of them that speake in the Parliament All the Peeres of the Parliament shall sit and none shall stand but when he speaketh so that every one of the Parli●ment may heare him None shall enter into Parliament nor goe out o●Parliament but by one door and whensoever he speaketh any thing which ought to be deliberated on by the Parliament All they that speak shall stand the cause is that he may be heard of the Peeres all which Peeres are judges and Justices c. Touching the help and ayd appointed for the King The King was not wont to require help or ayd of his Kingdome unlesse it were for Warre at hand or for making his Sons Knights or for marriages of his Daughters and then he ought to require such helpe in full Parliament and to deliver it in writing to every degree of the Peeres of the Parliament and to answer the same in writing And we must know that for the granting of such helps and ayd it behooveth that all the Peeres of the Parliament agree And we must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater yoyce in Parliament to grant then the greatest Earle in England and after the same manner the Proctors for the Clergie or Clerks of the Convocation house for one Bishopricke have a greater voyce in Parliament if they all agree then the Bishop himselfe And this is true in all things which ought to be granted or denyed to the party or are to be done therein And this is manifest because the King may hold Parliament with the Communalty and Commons of the King some without Bishops Earles and Barons yet so as they be summoned to the Parliament Although no Bishop Earle or Baron come according to their Summons because in times past neither was there Bishop Earle nor Baron and yet even then Kings kept their Parliament but it is farre otherwise on the other side for though the Communalty to wit Laity and Clergie were summoned to the Parliament as of right they ought to be yet for some certaine causes they would not come as if they would pretend that the King did not govern them as he ought and would in speciality point out the Articles in which he misgoverned them as he ought not that then that Parliament is utterly none at al though the Arch-bishops Bishops Earles Barons and all their Peeres and equalls were there with the King present at it and therefore all things which are to be affirmed or informed granted or denyed or to be done by the Parliament must be granted by the Communalty of the Parliament which standeth upon three degrees or sorts gathered together in Parliament that is to say the Procters of the Cleargie the Knights of the Shires the Citizens and Burgesses who indeed represent the whole Communalty of England and next upon the Noble men because every one of them is at the Parliament in his own proper person and non other Tonching the departure or breaking up of the Parliament The Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answere The Kings Majesty being desirous of his Grace and favour to give the Subject redresse of any injury and not to suffer his people to goe unsatisfied None of all the Peeres or equalls of the Parliament may or ought to depart alone from the Parliament unlesse he have obtained and that in full Parliament leave of the King and of all his Peeres or equalls so to do and that withall there be a remembrance kept in the Parliament roll of such leave and liberty granted And if any of the Peeres or equalls during the time of the Parliament shall be sicke or weake so as he is not able to come to the Parliament then he must three dayes together send such as may excuse him to the Parliament but if they come not then let there be sent from the Parliament two of his Peeres or equalls to goe and to certifie of his infirmity And if there be any suspicion let these two Peeres or equalls be sworn that they shall speak the truth concerning the same and if it be found out that he did faine or counterfeit let him atturney or appoint some sufficient man before them to be present at the Parliament his stead if he will neither can he be further excused if he be of sound
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 prox●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