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
THE ORDER AND vsage of the keeping of a Parlement in England AND THE DEScription of tholde and ancient Cittie of Excester Collected by Iohn Vovvel alias Hooker gentleman Floret Virtus in aetaernum TO THE RIGHT VVORSHIPFVL graue and prudent the Maior and Senators of the moste ancient and honorable Cittie of Excester Iohn Vowel alias Hooker gentleman and Chamberlain of the same wisheth a happy successe in gouernment with the long continuance therof to the benefit of the publique welth and increace of vvorships WHEN I DO THINK and consider right worshipful of the noble state and great maiestie of the high Courts of Parlements of this Realme which for the exellēcie and worthines therof is of all true English men to be honored and imbraced I doo foorthwith fall in great dislike as wel with my self as with others which beeing in learning ignoraunt in wisdome weke in experiēce vnskilful and in euery respect very vnfit for such an honorable assembly should be chosen and admitted to the same For by the ancient orders and prescribed lawes of this land onely such are tobe elected and to haue place there as for grauitie wisdome knowledge and experience are reputed and knowen to be the moste chosen and principall personages of the whole land and Realme And this court beeing in authoritie highest and in power cheefest none should to be thorderers Iudges and councellers therof but such as in vertues and good conditions are answerable to the same The order therfore among the Romains was that none should be receiued or allowed to be of their Senate house vnlesse he were graue in yeeres and wel experienced in common affaires of the publique welth The Lacedemonians admitted none to be an Ephorus amōgst them but that he were a tryed man for knowledge and experience The Athenians would be assured that he should be wise and lerned that should be of their counsail The like order also was and is within this Realm the same being deriued and taken cheefly from emong the Romains emong and vnder whome diuers of tholde and ancient Kings of this Realm haue ben bred and brought vp And by meanes of the wisdome learning and knowledge learned emong them haue not onely attained to the Septer of this realme but also some of them haue been the monarches and Emperours of the whole world These good Kings and Princes I say finding this land by disordered life lawles libertie and lose behauior to be brought to an vtter ruin decay and desolation no reason longer ruling nor good order allowed then as priuat affections and selfwil would allow and like of after many deuises consultations and attempts for redresse no way could be found so good no remedie so present nor help so speedy as to erect and establish a Senate of the most graue wise and expert personages of the whole Realme called by the name of a Parlement For as Patricius in his third Book De institutione Reipub ▪ saith The best order of gouernmēt of the common welth procedeth alwais frō tholde and ancient Senators which are reputed and taken to be the fathers of the common welth For as fathers for their Children so these for the cōmon welth are moste careful and tender And albeit the King or prince be neuer so wise learned and expert yet is it impossible for any one to be exact and perfit in all things but a Senate of wise graue learned and expert men beeing assembled in councel togither they are as it were one body hauing many eyes to se many feet to go and many hands to labour withall and so sircum spect they are for the gouernment of the commōwelth that they se all thīgs nothing is hid or secret nothing is straunge or new nothing is to great or weightie to them but whether it be in causes of war or of peace they wil be wel aduised and measure all things with good reason circumspection and policie Moyses therfore although hauing talked with God face to face he were aboue all others most wise discreet and learned yet not trusting all togither to his owne wittes made choice of all thelders of Israel and by their councel did order and direct the publque state cōmon welth of his people and likewise beeing councelled by his father in law Iethro to prouide emong all his people strong couragiouse and valeāt men and such as feared God dealed truely and hated couetousnes to be rulers ouer the people to gouern and iudge them he did so onely the greatest and weightiest matters whiche touched God were brought before him alone Wherfore according to the good profitable and ancient orders of the Romaīs and Israelits these good Kings doo erect a Senate or Parlemēt Lawes are prescribed how the same shuld be kept orders made what manner of persons shal be elected and chosen for the same and constitutiōs setfoorth how and in what sort lawes and ordinaunces shal be made for the benefit of the common welth And surely these good and wholsome orders being put in vre and execution the benefit therof grew so much in short time that there was as it were a Metamorphoses of the state of the publique weale in those daies for what Sedition and contention had disordred good order and concord recouered What loosenes and dissolutnes of life had marred honest be hauiour restored What disobedience had decayed loiable obedience amēded And finally what soeuer by any disorder was amisse was by these meanes reformed and redressed and the euils which were crept and brought in by ambition couetousnes debate malice or enuy were so reformed as that the people beeing better gouerned and instructed would not be caryed with euery affection neither yet prefer priuate profit and wilful lusts before the common and publique welth Lo suche are the frutes which grew of the Parlements and thus doth it fare in all estates where good men doo rule wholsome lawes are made and good order kept and obserued and so long doo common welths florish as when prīces do rule and gouerne by law and people loyally obeying doo liue vnder law Erasmus in his Book De institutione principis Christiani ▪ saith that good lawes vnder a good Prince doo make a happy Realme and fortunate gouernmēt Cuius tum felicissimus est status cum principi paretur ab omnibus atque ipse Princeps paret legibus leges autem ad architypum aequi et honesti respondēt nec alio spectant quam ad Rem communē in melius prouehendam Whose state is then moste fortunate when the people doo obey the Prince and the Prince obeyeth the lawes and when lawes bee made iust and right and for the better aduauncement of the common welth And surely these are so in seperable that in a good commō welth they cannot be disseuered but a good Prince and good lawes must be concurrant for although it be a rule that Quod principi placet legis habet vigorē that Prīces heasts ar lawes
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
must be kept vntil the end of the Parlement If any Bil be denyed impugned and cléere ouerthrowne the 〈…〉 more to be thencefoorth receiued If 〈…〉 be put to question and it be doutful whether side is the greater and giueth moste voices then he must cause the house to be deuided and then iudge of the Bil according to the greater number If any Bill be imperfect or requireth to be amended hée must choose a certain number of that house as he shall think good and to them commit that Bil to be reformed and amended If any Bil or message be tobe sent to the lower house it is his office to make choice of two of the Kings learned councel there béeing to be the messengers therof If any Bil or message be sent from the lower house hée must come from his place to the bar there receiue the same and béeing returned to his place and euery Straunger or messenger departed he must disclose the same to the Lords Item if any disorder be committed or doon in the house by any Lord or other person he ought with the aduise of the Lords to reforme the same but if it be emong the Lords and they wil not be reformed then he must foorth with aduertise the King. Item he ought at the beginning of the Parlement to call by name all the Lords of the Parlement and likewise at other times as he séeth occasion whose defaults ought to be recorded and they to pay their fines vnlesse they be dispenced with all by speciall licence from the King or haue some iust and resonable cause of absence Item he must sée and cause the Clarks to make true entries and true recordes of all things doon there and to sée that the Clarks doo giue and deliuer the copyes of all such Billes there red to such as demaund for the same Item he shall kéep the secrets and cause and commaund euery man of eche degrée in that house to doo the like Also he ought not to go any where but the gentleman Sergeant ought to attend vpon him going before him with his Mace vnlesse he be Lord Chaunceller for then he hath a Sergeant of his owne His alowance that he hath is at the Kings charges Also for euery priuate Bil that passeth and is enacted his hath x. pound for his parte Of the Chaunceller of the higher house THe Chaunceller is the principall Clark of the higher house and his charge is safely to kéep the recordes of the Parlement and the Arts whiche be past All suche Statutes as be enacted hée must send to the Kings seuerall Courts of recordes to be enrolled as namely the Chauncery the kings Bench the common place and the Eschequer All suche Acts as are to be imprinted he must send to the Printer All such priuate Acts as are not imprinted if any man wil haue the same exemplified he must transmit the same to the Lord Chaunceller to be ingrossed and sealed and for the same he to take the fées appointed and accustomed He hath for his alowance an ordinary fée for terme of life of the King. Of the Clarks of the Parlement THere be two Clarks the one named the Clark of the Parlement and the other named the Clark of the Crown The Clark of the Parlement his office is to sit before the Lord Speaker and to read such Billes presented as hée shal be commaunded He must kéep true records and true entries of all things there doon and to be entred If any require a coppy of any bil there he ought to giue the same receiuing the ordinary fées If any Bil after his ordinary readingê be to be ingrossed he must doo it The councel of the house he may not disclose At the end of the Parlement he must deliuer vp vnto the Chaunceller all the Acts and records of that house sauing he may kéep a transumpt and a coppy therof to him self He hath his alowance of the King. Also for euery priuate Bil whiche is enacted he hath thrée pound Also for euery Bil wherof he giueth a coppy he hath for euery ten lines a peny according to the custome THe Clark of the Crown his office is to supply the place and the rowme of the Clark of the Parlement in his absence and hath in all things the like charges and profits as the Clark ought to haue He must giue his attendaunce to the higher house from time to time and doo what shal be inioyned him All suche Acts as be not imprinted if any man will haue them exemplified vnder the brode Seale he must exemplifie them and haue for the same his ordinary fées These two Clarks at the end of the Parlement ought to be present in the house and within the lower bar at a boord before them their faces towards the King and there the one must read the billes which are past bothe houses and the other must read the concent or disagreement of the King. Of the Sergeants or porters of the higher house THere is but one Sergeant whiche hath the charge of kéeping of the doores for though there be diuers doores yet the kéepers therof are at his assignement He ought to sée the house be cléene and kept swéet He ought not to suffer any manner of person to be within she house so long as the Lords be there sitting other then such as be of the learned councel and of that house and except also such as come in message from the lower house with Billes or otherwise and except also such as be sent for and be admitted to haue any thing there to doo Also he must attend and go alwaies with his Mace before the Speaker vnlesse he be Lord Chaunceller or kéeper of the great Seale for then he hath a Sergeant of his owne He ought to kéep safely such prisoners as be commaunded to his warde and to fetch or seÌ„d for such as he shal be commaunded to fetch This Porter or Sergeant hath besides his ordinary fée a standing allowance for euery day of the Parlement Also he hath for euery priuate Bil which is enacted xl s. Also he hath for euery prisoner committed to his warde a certain alowance for his fées Also he hath of euery Baron or Lord of that house a certain rewarde Of the lower house THe lower house as is said is a place distinct from the others it is more of length then of breadth it is made like a Theater hauing foure rowes of seates one abooue an other rouÌ„d about the same At the higher end in the midle of the lower rowe is a seat made for the Speaker in which he alwaies sitteth before it is a table boord at which sitteth the Clark of the house and there vpon layeth his Books and writeth his recordes Vpon the lower rowe on bothe sides the Speaker sit such personages as be of the kings priuy councel or of his chéef Officers but as for any other none claimeth nor can claime any place but sitteth as
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
se dederunt 7 Also in the second yéer of King Stephen Anno. 1137. the Lords and Péeres of the Realme remembring the othe they had made to King Henry the first to whome they swore to bée true to Maude the Kings daughter and to her heires and yet contrary to the same had sworne them selues to King Stephen began to repent them selues and consulted how to restore Maude the Empresse wherfore assembling togither in armour did deuide them selues and took sundry Cities Castels And Baldvvin Ridiuers Earle of Deuon with force of Armes tooke this Cittie whom King Stephen pursuing did driue him out of the same to the Islle of VVight then his Lordship But the King when he had receiued the Cittie into his faith did march towards the Isle of VVight and taking the same did banish the said Earle But Maude the Empresse remembring this Cittie for this faith did enlarge the liberties for whom euer after an aniuersary was kept at the charges of the Cittie Howebeit some say that this Baldvvin took Oxforde or Westchester and not Excester and from thence fled to VVight 8 It was also in some trouble in the xi yéere of King Richard the second Anno. 1387. For a controuersie béeing befall betwéen the King and his Vncles the Dukes of York and Glocestre none were then so much in the Kings fauour as Robart Vere Marques of Doublin Michael Dalapool Earle of Suffolke and others of their faction whome the King commaunded to collect and assemble an Armye in and for his defence agaiÌ„st his vncles but they whether they mistrusted their owne parte or whether they were minded to make them selues stronger leuing their iorney towards London came to this Cittie the Dukes vnderstaÌ„ding the same pursued theÌ„ with all spéed and at this Cittie ioyned battail and fought with them but the Marques and the Earle trusting better to their féet then to their hands did preuily flée away into Scotland and froÌ„ thence into flanders where they dyed 9 It was also in great troubles in the time of King Edvvard the fourth for in the x. yéer of his reign Anno. 1469. when the states of King Henry the vj. and King Edvvard the fourth were doutful The Duchesse of Clarence the Lord Dinham the Lord Fitzvvarren and the Baron of Carewe with others who took parte with Henry the vj. came to this Cittie accompanyed with a thousand fighting men the Duches béeing great with childe and lodged in the Bishops place But Sir Hugh Courtney Knight who fauored and was of the parte of King Edward hearing of this raised an armye of his fréends and Allies besieged the Cittie brake down the Bridges and stopped all the waies comming towards the same by meanes wherof no Victualles could come to the market And béeing encamped about the Cittie sent vnto the Mayor requiring him either to open the Gates or to deliuer the gentlemen whiche were within The gentlemen which were within they of their parties either mistrusting the Mayor or Comons or not willing to be ruled vnder his gouernment requied the keyes of the gates to be deliuered into their custody and all things to be doon as at their appointment In which perplexitie and doutful estate the Mayor and his brethern consulting did resolue and determine neither to yéeld to the request of them which were without nor yet to satisfie their requests which were within but pacifying bothe partyes with such honest and quiet meanes as they might did conclude to kéep the Cittie and them selues as to their allegiance appertained to the vse of the Crown wherfore foorthwith they rampred the Gates fortified the Walles and armed their Souldiers and set all things in good order leauing nothing vndoon which might be for the preseruation of the state and common welth of the Cittie But in small processe of time the prouision waxed short and victualles began to be scant where of it was feared a famine would insue the same béeing so hard a thing as so great a number of people would not endure and abide Yet notwithstanding partely by the good peswasions of the Magistrates and hauing a regarde of their owne dutyes and estates and hoping this troublesome time would not long indure did continewe firme and trusty in their cause vntil at length by way of intreatie and mediation of certain Chanons of the Close the siege was after xij dayes remooued and raised whervpon very shortly did insue the féeld at Edgecourt where the Duke of Clarence and the Earle of VVarwick beâ—â—ng put to the worst did flée to this Cittie entring in the third of April lying in the Bishops Pallaice for a few dayes vntil they prouided Shippes at Dartmouth fit for their passage to Calleys The King hauing vnderstanding whiche wayes his enemyes were gon followed and pursewed them with an armye of xl thousand men and came to this Cittie the xiiij of Aprill Anno. 147â— but he came to late the Duke and the Earle beeing gone to the Seaes before his comming wherfore the King after he had reposed him self heer three dayes returned 10 It was likewise in great trouble béeing besieged the xâ—j yéere of the reign of King Henry the vij Anno 1498. by one Parkin VVarbeck who in the beginning of September came to this Cittie and encamped it with Ordinaunce battred the walles fired the gates vndermined the walles and sealed the same but by the noble courage of the Citizens he had small successe béeing manfully resisted vntil suche time as the King aduertised therof did send the Lord Edvvard Courtney Earle of Deuon and the Lord VVilliam his Sonne with other Noble men who reskewed the Cittie and deliuered it from the enemye 11 Finally and last of all it was besieged in the third yéere of King Edvvard the sixt Anno. 1549. by the Commons of Deuon and Cornvvall who not contenting them selues with the state of Religion then established clustered them selues in companyes appointed to them selues Captaines and minded by their force to vndoo that which the Prince by Lawe and Act of Parlement had established wherfore to redéeme all such places of force welth and defence into their owne hands whiche might in any respect serue for their ayde and defence came to this Cittie the second of Iuly 1549. and encamped them selues about the same in great numbers during the time of their abode besieging great troubles arose soÌ„etimes assaultê made sometimes the gates fired soÌ„etimes the walles vndermined some times skirmishes made some great laromes to defeÌ„d the walles against scaling finally nothing was left vndoon which the enemyes might deuise for the obteining of their purpose And albeit there waÌ„ted not lusty stomakes of the Citizens to withstaÌ„d this outward force yet in processe of time such scarcitie of Vitualles did encrease Bread wared so scant that the people began to waxe wery and lothe to abide the extremitie therof whiche was so extreme that