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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

forfeitures as before mentioned to be levied of the Goods and Chattels of every such Mayor Bayliff or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees making default of pavment of the said Fees and Wages to the Burgesses in manner and form as is aforesaid And the Burgesses of Cities Boroughs and Towns within the twelve Shires of Wales and the County of Monmouth which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bayliffs or other head Officers of the said Towns or by one of them to come and give their Elections for the electing of the said Burgesses at such time and place lawful and reasonable which shall for that intent be assigned in which Elections the Burgesses shall have like Voice and Authority to elect and name the Burgesses of every the said Shire-Towns as the Burgesses of the said Shire-Towns have or use Ibidem Two Justices of Peace in every of the said Shires in Wales and in the said County of Monmouth have Power and Authority indifferently to lot and tax every City Borough and Town within the Shires in Wales wherein they do inhabit and in the said County of Monmouth for the Portions and Rates that every the said Cities and Boroughs shall bear and pay towards the said Burgesses within the said Shire-Towns of every of the said Shires in Wales and the County of Monmouth which Rates so rated and taxed in gross by the said two Justices of Peace as is aforesaid shall be again rated and taxed on the Inhabitants of every the said Cities and Boroughs by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales thereunto named and assigned by the Mayor Bayliffs or other Head Officers of them for the time being and thereupon the Mayors Bayliffs and other Head Officers of every such City Borough or Town to collect the same and thereof to make payment in manner and form as aforesaid to the Burgesses of the Parliament within like time and upon the like pains and forfeitures as is above mentioned 35 H. 8 c. 11. The Kings Assent by his Letters Patents under the great Seal of England and signed with his Hand and notified in his absence to the Lords of Parliament and Commons assembled together in the higher House is and ever was of as good strength and force as if the King's Person had been there personally present and had assented openly and publickly to the same and such Royal Assent notified as aforesaid shall be taken good and so effectual to all Intents without ambiguity or doubt any Custom or Usage to the contrary notwithstanding 33 H. 8. cap. 21. Every Knight chosen for the Parliament and Sheriff that makes Election for them shall have their Traverse to such Inquests and Offices before any Justices of Assize hereafter to be taken and they shall not be endammaged unto the King for any such Inquest taken untill they be duly convicted according to the form of the Law 6 H. 6. cap. 4. All the Clergy hereafter to be called to the Convocation by the King 's Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such Liberty or Defence in coming tarrying and returning as the great Men and Commonalty of the Realm of England called or to be called to the King's Parliament do or were wont to enjoy 8 H. 6. cap. No Appeal shall be pursued in Parliament 1 H. 4. c. 14. The Burgesses of Parliament shall not be Collectors of a Fifteen except they can dispend in the County out of the City or Borough of which they are Burgesses in Lands or Tenements to the value of an hundred Shillings by the Year over the Charges and Reprises 18 H. 6. cap. 5. Knights Citizens Burgesses and Barons of Parliament must take the Oath of Supremacy before they enter into the Parliament House but Lords of Parliament shall not be compelled to take the said Oath 5 Eliz. c. 1. Vide How Lords of Parliament shall be placed in the Parliament and other Assemblies and Conferences of Council 31 H. 8. cap. 10. Lords of Parliament for matters of Religion shall be tried by their Peers 1 Eliz. c. 2. Persons attainted by Parliament and after become Lunatick shall be executed notwithstanding 33 H. 8. c. 20. Quere if this be not repeal'd by 1 2 Ph. Mary c. 10. Staunford 153. Women that have Joyntures assigned after marriage may wave them and take their Dowry at Common Law if the Joynture be not assigned by Parliament 27 H. 8. c. 10. The County Palatine of Chester shall have two Knights for the County Palatine and likewise two Citizens to be Burgesses for the City of Chester to be chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester or his Lieutenant for the time being And so like process to be made by the Chamberlain or his Lieutenant or Deputy to the Sheriff of the said County of Chester And the same Election to be made under like manner and formed to all intents constructions and purposes as is used within the County Palatine of Lancaster or any other County and City within England which Knights and Burgesses and every of them so elected shall be returned by the said Sheriff into the Chancery of England upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like Which said Knights and Burgesses and every of them so chosen and returned shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to all intents and purposes as any other the Knights and Burgesses of the said Court of Parliament have use and enjoy And also may have and take all and every such Liberties Advantages Dignities Privileges Wages and Commodities concerning the said Court of Parliament to all Intents Constructions and Purposes as any other the Knights and Burgesses of the said Court may or ought to take and enjoy 34 H. 8. c. 13. If any Assault or Affray be made to any Lord Spiritual or Temporal Knight of the Shire Citizen or Burgess coming to the Parliament or to other Council of the King by his Commandment and there being and attending at the Parliament or Council that then Proclamation shall be made in the most open Places in the Town by three several days where the Assault or Affray shall be made that the Party that made such Affray or Assault yield himself before the King in his Bench within a quarter of a year after the Proclamation made if it be in the time of the Term or otherwise at the next day in the time of the Term following the said quarter and if he do not that he be attainted of the same deed and pay to the Party grieved his double

H. 5. and H. 6. shall forfeit 100 l. to the King and 100 l. to the Knight so chosen that shall commence his Action within three Months after the Parliament begun and proceed in the same Suit effectually without Fraud And if he so do not another that will sue shall have the said Action for the said 100 l. with costs as the Knight should have had 23 H. 6. c. 15. A Sheriff shall not be chosen for Knight nor Burgess of Parliament L. Int. 411. as appears also by the Writ it self directed to the Sheriff In every Writ of Parliament directed to the Sheriff this Clause must be put in Electionem tuam in pleno comitatu tuo factam distincte et aperte sub sigillo tuo et sigil ' eorum qui electioni illi interfuerunt nobis in Cancellariam nostram ad diem et locum in breve content ' certifices indilate 7 H. 4. c. 15. The Election must be by the greater number of Free-holders And in an Action of Debt for him that is chosen Knight of the County and not return'd it sufficeth to declare that he was chosen by the major part of the Free-holders c. Plowd Com. 118. Dyer 113. Note If a man keeps a Household in one County and remains in service with another Family in another County yet he may be at chusing of Knights of the Shire where he keeps a Family for he shall be said in Law to be resident in either of the said Counties as in Debt he may be impleaded where he keeps his House-hold ut supra and be resident in the other County by reason of the Arrest Vide 19 H. 6. fol. 1. And the Statute of 10 H. 6. c. 2. is that Knights of the Shire shall be chosen by Free-holders that are resident within the same County The Sheriff after the receipt of the Writ c. as aforesaid shall deliver without fraud a sufficient Precept under his Seal to every Mayor and Bayliff either Bayliffs or Bayliff where there is no Mayor of the Cities and Burroughs within his County reciting in it the Precept of the Parliament Writ commanding them by the said Precept if it be a City to choose Citizens for the same City by Citizens c. If it be a Borough then Burgesses by Burgesses thereof to come to the Parliament and that the Mayor and Bayliffs or Bayliffs or Bayliff where there is no Mayor shall duly return the said Precept to the Sheriff by Indenture betwixt the Sheriff and those of the Election and the names of the Citizens and Burgesses by them so chosen 23 H. 6. c. 15. The Sheriff shall make a good return of such Writ and of every return by the Mayors and Bayliffs or Bayliffs or Bayliff where there is no Mayor to him made And if the Sheriff does contrary to this Statue or any other Statute for choosing of Knights Citizens and Burgesses to come to Parliament he shall incur the Penalty of 100 l. to the King and shall be imprisoned for one year without Bail or Mainprise and the Knights for the County returned contrary to the said Ordinances shall lose their Wages by 8 H. 6. c. 7. and the Sheriff shall forfeit 100 l. to every Knight Citizen or Burgess in his County chosen to come to Parliament not duly returned or to any other that in their default will sue for it by action of Debt with costs expended in it in which the Defendant shall not wage his Law nor have any Esloin 23 H. 6. c. 15. If the Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is shall return other than those which be chosen by the Citizens and Burgesses of the Cities or Boroughs where such Elections be shall incur and forfeit to the King forty pound and moreover shall forfeit to every Person hereafter chosen Citizen or Burgess to come to Parliament and not by the same Mayor and Bailiffs or Bailiffs or Bayliff where no Mayor is returned or to any other Person which in default of such Citizen or Burgess so chosen will sue for it shall have his Action of Debt for forty pound with his Costs in this case expended in which the Defendant shall not wage his Law nor have any Essoin Ibid. Every Knight Citizen and Burgess chosen and not return'd shall bring his Action of Debt within three Months after the same Parliament commenced to proceed in the same Suit effectually without Fraud And if he so do not another that will sue shall have the same Action for the said Forfeitures and Costs in such case expended wherein the Defendant shall not wage his Law nor be essoined Ibid. If any Knight Citizen or Burgess that shall be returned by the Sheriff to come to Parliament after such return be put out by any Person and another put in the Place of him which is out if he take upon him to be Knight Citizen or Burgess shall forfeit to the King an hundred pound and so much to the Knight Citizen or Burgess so return'd by the Sheriff and after as aforesaid put out And that Knight Citizen or Burgess which is so put out shall have an Action of Debt against him so put in his place his Executors or Administrators provided always that he shall begin his Suit within three Months after the Parliament commenced And if he do not then he that will sue shall have an action of Debt of the same one hundred pound against him which is put in the place of him that is so put out after such return c. And that no Defendant in such Action shall wage his Law nor be essoin'd so that the Knights of the Shire for the Parliament hereafter to be chosen shall be Knights or otherwise such eminent Esquires or Gentlemen of the same Counties as shall be able to be Knights and no man to be such Knight which standeth in the degree of a Yeoman and under 23 H. 6. c. 15. All Persons and Communalties which shall have the Summons of the Parliament shall come to the Parliament in the manner as they are bounden to do and have been accustomed of ancient times And he that does not come except he may reasonably and honestly excuse himself shall be amerced or otherwise punished according as of old times hath beeen used 5 R. 2. St●●● 2. c. 4. No Baron Knight Citize● or Burgess which shall be elected to co●e to Parliament shall depart from it till the Parliament be fully ended or prorogued except he has License of the Speaker and Commons in such Parliament assembled which License shall be entred in the Book of the Clerk of the Parliament appointed for the Commons House upon pain to lose their Wages and all Counties Cities and Boroughs shall be discharg'd of the said Wages 6 H. 8. c. 16. Vide Stamford 153. The Bishop of Winchester was arrested in the Kings Bench for that he coming to Parliament departed without License Coron F. 161. 3 Ed. 2. The Lands which

were wont to be contributory to the Expences of Knights of Parliament shall be liable to those charges notwithstanding the purchase of them by any Lord or any other Person whatsoever 12 R. 2. c. 12. The Sheriff after the Receipt of the Writ for levying the Wages of the Knights of the Parliament at the next County Court shall make Proclamation that the Coroners and every chief Constable of the same County and the Bayliffs of every Hundred or Wapentake of the same County and every other which will be at the assessing of the Wages of the Knights of the Shires shall be at the next County to assess the said Wages and that the Sheriff under Sheriff Coroner or Bayliff for the time being be there in their proper Person upon pain of forfeiture to the King forty Shillings of every of them that maketh default 23 H. 6. c. 11. At which time the Sheriff or under-Sheriff in the presence of them that shall come to the same and of the Sutors of the same County then being there in full County well and duly shall assess every Hundred to that assessable by it self to pay a certain Sum for the Wages of the Knights of the Shire so that the whole Sum of all the Hundreds do not exceed the Sum which shall be due to the said Knights And after that in the same County they shall assess well and lawfully every Village within the same Hundreds which should be there assessable to a certain Sum for the payment of the said Wages so that the whole Sum of all the Towns within any of the said Hundreds do not exceed the Sum assessed upon the Hundred of which they be Ibidem And that the said Sheriff under-Sheriff Bayliffs nor any other Officer for the Cause aforesaid shall levy more Money of any Village than that whereunto they were assessed And if any do assess any Hundred or Village otherwise than is aforesaid he shall forfeit for every default to the King twenty pound and to any man which will sue in this case ten pound Ibidem And that the Sheriff well and duly shall levy the Money so assessed upon the aforesaid Villages as speedily as they well may after the said assessing and the same shall deliver to the said Knights according to the Writs thereof to be made upon the said Penalties Ibidem And he that will sue in this Case shall be thereunto admitted and shall have a Scire Facias against him that offendeth contrary to this Ordinance and shall recover ten pounds to their own use over the said twenty pound with their treble Damages for the Costs of their Suits Ibidem And that the Justices of the Kings Bench and of the Common Place Justices of Assizes and Gaol delivery and Justices of the Peace shall have Power to enquire hear and determine of all the said Defaults as well by Inquiry at the Kings Suit as by Action at the Suit of the Parties 23 H. 6. c. 11. And that all such Expences of Knights shall not be levied of any other Villages Seigniories or Places but of such whereof it hath been before this Time And that in every such Writ to be made to levy the Wages of the Knights This Act shall be comprehended in the same 23 H. 6. c. 11. Vide Register 261. That Villains shall not be contributory to the Wages of Knights of the Shire for the Parliament Br. 96. And Free-holders and Tenants at Will in ancient Demesn and the Lords shall also be acquitted of such Expences for Knights of the Parliament Ancient Demesn Br. 431. F. Natura brevium 14. That to every Parliament two Knights shall be chosen for the County of Monmouth and one Burgess for the Borough of Monmouth in like manner form and order as Knights and Burgesses of the Parliament be elected in every County of England and that the same Knights and Burgesses shall have like Dignity Preheminence and Priviledge and shall be allowed such Fees as other Knights and Burgesses of Parliament have been allowed And such Fees to be levied received and paid in such manner form and order as such Fees be gathered received and paid in other Shires of the Realm of England 27 H. 8. c. 26. And the Burgesses Fees to be levied as well within the Borough of Monmouth as within all other ancient Boroughs within the said Shire of Monmouth And that a Knight shall be chosen to the same Parliament for every of the Shires of Brecnock Radnor Montgomery and Denbigh and for every other Shire within the Dominion of Wales and for every Borough being a Shire Town within the Country and Dominion of Wales except the Shire-Town of the County of Mereoneth one Burgess And the Election to be in manner form and order as Knights and Burgesses of the Parliament be elected in other Shires of this Realm Ibid. And that the Knight and Burgess and every of them shall have like Dignity Preheminence and Priviledge and shall be allowed such Fees as other Knights of the Parliament are allowed And the Knights Fees to be levied and gathered of the Commons of the Shire that they be elected in and the Fees of Burgesses to be levied and gathered as well of the Boroughs and Shire-Towns as they be Burgesses of as of all other ancient Boroughs within the same Shires 27 H. 8. c. 26. The Sheriffs of every of the 12 Shires in Wales and in the County of Monmouth shall have power to levy gather or to be levied and gathered the said Knights Fees and Wages of the Inhabitants of the 12 Shires and of the said County of Monmouth which ought to pay the same and the same so gathered shall pay to the Knights within two Months after the delivery of the Kings Writ for payment of the said Wages or Fees otherwise the Sheriff shall lose and forfeit twenty pounds one Moiety to the King and the other Moiety to him that will sue for the same in any Court of Record by Information Bill or Plaint or otherwise before any of the Kings Officers wherein no Essoign Protection or Wager of Law shall be admitted 35 H. 8. c. 11. And if it shall happen any Sheriff in any of the twelve Shires and County of Monmouth to make default of payment of the said Wages or Fees by a longer term than two Months then every such Sheriff shall forfeit for every Month that he shall make default twenty pounds to be forfeited and levied in manner and form as is aforesaid Ibidem And that every Mayor and Bayliff and other chief Officers of Cities Boroughs and Towns in every of the said twelve Shires and in the County of Monmouth within like term and space of two Months after the receipt of the Kings Writ De solutione faedi burgent Parliament as is before mentioned for gathering of the Knights Fees shall levy gather and pay the Wages and Fees to their Burgesses in like manner and form as is aforesaid and in and under like pain and

sworn in Ass. against his own Will and it was questioned whether he held by Barony to come to Parliament as a Baron and he said that he held by one part of a Barony and that he and his Ancestors have used to hold so time out of mind and after upon good Advise he was altogether discharged Exemption Br. 3. 46 E. 3.30 When an Errour is sued in Parliament committed in the Kings Bench a Scire facias shall issue forth to the Party to answer at the next Parliament and by Hankford in Errour sued there it is said that the Record must remain with the Justices and they send a transcript of it thither c. Error Fitz. 18. 8 H. 5. and Dier 375 the Record it self and a Transcript of it was brought into Parliament to be examined and the Transcript was left there Bagot was made a Denizen by H. 6. and after by a Parliament in the time of Ed. 4. All Acts done by H. 6. are repealed and annulled yet B. continues a Denizen for that he was made once a Denizen and there must be a special Act to annull that Denizenship Denizen Fitzh 1.9 E. 4. Note If a Peer of the Realm or Lord of Parliament be Demandant for Plaintiff Tenant or Defendant there must two Knights be returned of his Jury or else the Array may be quashed as appears in an Assize betwixt the Earl of D. and Newdigate Com. 117. Challenge Fitzh 115. 13 E. 3. and Dier 107. Vide Dyer 318. where the Defendant was proclaimed Earl of Kent by Descent pending the Writ and after the Earl challenged the Array for that he was an Earl and no Knight returned in the Pannel and it was not allowed for the admittance of both Parties is to the contrary and no default in the Sheriff for he had no notice of such estate of either Parties and note Dier 246. If there are divers Defendants whereof one is a Lord of Parliament and the Array is challenged for the Cause before this shall serve to quash all the Array against the other Defendants also for that it is intire The Statute of 4 H. 7. of Fines is penal because the Right shall be bound if he comes not in within five years after the Title accrued and for that the Statute is very beneficial for the repose and quiet of Land in Possession of the Subject it shall be largely expounded and therefore if the time Commence in the Father which is a stranger to the Fine to make claim within the five years and after he dies within the five years his Issue that is within Age shall be bound to pursue the rest of the five years commenced in the Life of his Father as it is adjudged in the Case of Zouch and Stowell Com. Fol. 375. And a Corporation as Mayor and Communalty that have an absolute Estate shall be bound if they do not make claim within five years after the Title accrued and yet the Statute of 4 H. 7. of Fines makes no mention of Corporations or Bodies politick but yet are Parties within the intent of the Statute Com. 538. Otherwise it is of a Person of the Church and a Bishop because they have not an absolute Estate Ibidem Chaplains that are Masters of Chancery and are attendant on the Parliament shall not be Contributory by reason of their Benefices to the expences of Proctors made by the Clergy that come to Parliament and if they be they shall have a Writ to the Arch-deacon and his Officers for the discharging them and upon that there shall be an Alias and Pluries and Attachment against them which Writ appears in Fitzh Nat Brevium 229. and by the Writ it appears there that this is given by the Statute of Westminster Priviledge Br. 56. Lord and Tenant and the Tenant is attainted of Treason by Parliament and it is ordained by it that he shall forfeit all his Lands and after is pardoned and restored by another Parliament Habendum sibi Haeredibus suis as if there were no such Attainder now he shall hold of the common Person as before and yet once the Tenure was extinct by the forfeiture of the Land to the King 21 H. 8. Tenures Br. 70. Vide Parliament Br. 77. What words in an Act will revive Seigniories which were before extinguished and that it is no good Case And see Stamford 197. That if the King infeoff an estranger of them it ought to revive the mesn Seigniory which was before the Attainder Tenendum of the mesn Lord as it was before the Attainder Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case Vide Dyer 313. where the saving of a Seigniory in a Statute is not good When a Statute gives a forfeiture to the King and to the Party griev'd as where a man is prejudic'd by Perjury or by a fraudulent conveyance of Land or Goods to defraud the Action or Suit of Creditors and such like there none shall have the Suit upon the Statute but the King or the Party that has receiv'd Loss thereby Otherwise it is if the Statute says that the King shall have a Moiety and he that shall inform shall have the other Moiety without mentioning the Party grieved And if the King commenceth the Suit before an Information of the Party in this Case the King shall have all the Forfeiture and he may before the Suit of the Informer release to the Party offending and by it every other Person is excluded 1 H. 7.19 The Statute of 21 H. 8. c. 13. is If a Parson take another Benefice beyond the yearly value of 8 l. without a Qualification the first Benefice is void This value shall not be taken as the Parsonage is valued in the Book of first-Fruits but as it is valued in deed Dyer 237. The Statute 21 H. 8. c. 13. says that no Parson of a Church or such Spiritual Man shall take a Lease for years for Life or at Will c. upon pain of forfeiture for every Month that he shall occupy it 10 l. to the King and Informer But note that the Lease is not made void by the said Statute as it has been ruled Dyer 358. Note no man can make Proclamation but by Authority of the King as Mayors and such like as have privileges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market Towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and fined 22 H. Br. 8. 10. Note a Man shall not be made a Bastard after the death of his Father and Mother because the marriage is determined and if a Commissary after their death find such Case of Divorce and after such Diovrce being made after the death of one of the Parties this shall never Bastardize the Issue and so it was taken in

A Catalogue of the AUTHORS and BOOKS made use of in the following Collection LIttleton Plowden Dyer Stamford Fitz-Herbert Bracton Fortescue Brook Liber Assis. Book of Entries The Year-Books Coke Lambert Yelverton Thorpe Mountague Wray L. Ch. J. Hollinshed Sir Tho. Smith Arcana Parliamentaria OR PRECEDENTS CONCERNING Elections Proceedings Privileges and Punishments in PARLIAMENT Faithfully collected out of the Common and Statute-Law of this Realm With particular Quotations of the Authors in each Case By R.C. of the Middle Temple Esq To which is added The Authority Form and Manner of Holding Parliaments By the Learned Sir Tho. Smith Doctor of Laws London Printed for M. Gilliflower at the Spread Eagle and Crown in Westminster-Hall 1685. The Authority Form and Manner of holding Parliaments THE most high and absolute Power of the Realm of England consisteth in the Parliament For as in War where the King himself in Person the Nobility the rest of the Gentility and the Yeomanry are is the Force and Power of England So in Peace and Consultation where the Prince is to give Life and the last and highest Commandment the Barony or Nobility for the higher the Knights Esquires Gentlemen and Commons for the lower part of the Common-wealth the Bishops for the Clergy be present to advertise consult and shew what is good and necessary for the Common-wealth and to consult together and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House the other two Parts first each apart and after the Prince himself in presence of both the Parties doth consent unto and alloweth That is the Princes and whole Realms Deed whereupon justly no man can complain but must accommodate himself to find it good and obey it That which is done by this Consent is called firm stable and sanctum and is taken for Law The Parliament abrogateth old Laws maketh new giveth order for things past and for things hereafter to be followed changeth Right and Possessions of private men legitimateth Bastards establisheth Forms of Religion altereth Weights and Measures defineth of doubtful Rights whereof is no Law already made do appoint Subsidies Talies Taxes and Impositions giveth most free Pardons and Absolutions restoreth in Blood and Name as the highest Court condemneth or absolveth them whom the Prince will put to Tryal And to be short all that ever the People of Rome might do either Centuriatis Comitiis or Tributis the same may be done by the Parliament of England which representeth and hath the Power of the whole Realm both the Head and Body For every English-man is intended to be there present either in Person or by Procuration and Atturney of what Preheminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person of England And the Consent of the Parliament is taken to be every man's Consent The Judges in Parliament are the the King or Queen's Majesty the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire and Burrough Town These all or the greater part of them and that with the consent of the Prince for the time being must agree to the making of Laws The Officers in Parliament are the Speakers two Clerks the one for the Higher House the other for the Lower and Committees The Speaker is he that doth commend and prefer the Bills exhibited into the Parliament and is the Mouth of the Parliament He is commonly appointed by the King or Queen though accepted by the Assent of the House The Clerks are the Keepers of the Parliament-Rolls and Records and of the Statutes made and have the custody of the private Statutes not printed The Committees are such as either the Lords in the higher House or Burgesses in the lower House do choose to frame the Laws upon such Bills as are agreed upon and afterward to be ratified by the same Houses The Form of holding the Parliament THE Prince sendeth forth his Writs to every Duke Marquess Baron and every other Lord Temporal or Spiritual who hath Voice in the Parliament to be at his great Counsel of Parliament such a day the space from the date of the Writ is commonly at the least forty days He sendeth also Writs to the Sheriffs of every Shire to admonish the whole Shire to choose two Knights of the Parliament in the name of the Shire to hear and reason and to give their Advice and Consent in the name of the Shire and to be present at that day likewise to every City and Town which of ancient time hath been wont to find Burgesses of the Parliament so to make Election that they might be present there at the first day of the Parliament The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire present at the day assign'd for the Election the voice of any absent can be counted for none Yeomen I call here as before that may dispend at the least forty shillings of yearly Rent of free Land of his own The Writ of Parliament for the Lords JAcobus Secundus c. Charissimo consanguineo suo Edwardo Comit ' Oxon ' salutem Quia de advisamento assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium decimonono die prox ' futur ' tener ' ordinavimus ibid ' vobiscum ac cum Prelat ' Magnatibus Proceribus dict' Regni nostri colloquium habere tractare vobis sub fide ligeanciis quibus nobis tenemini firmiter injungend ' mandamus quod considerat ' dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dict' die loco personaliter intersitis nobiscum ac cum Prelatis magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque consilium impensur ' hoo sicut nos honorem nostrum ac salvationem defensionem Regni Ecclesiae praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste meipso apud Westm ' decimo die anno Regni nostri The Writ of Parliament for the Knights REx Vic' N. c. salut quia de advisamento assensu Consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' duodecimo die prox ' futur ' teneri ordinavimus ibid ' cum Prelatis Magnatibus Proceribus dicti Regni nostri colloquium habere tract Tibi praecipimus firmiter injungentes quod facta proclamac ' in prox ' comitat ' tuo post receptionem hujus brevis nostri tenend ' die loco praedict ' duos milit ' gladiis cinct ' magis idoneos discretos comit ' praedicti de