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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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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
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
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