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A14575 The order and vsage of the keeping of a parlement in England, and The description of tholde and ancient cittie of Fxcester [sic]. Collected by Iohn Vovvel alias Hooker gentleman; Order and usage of keeping of the parlements in England Hooker, John, 1526?-1601.; Hooker, John, 1526?-1601. Discription of the cittie of Excester. aut 1575 (1575) STC 24887; ESTC S119300 57,649 106

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it is to be noted that the two principall Clarks of the Parlement for the King and his Councel and other secondary Clarks of whom and of whose office mencion shal be héerafter made The chéef Cryer of England with his deputies and the chéef Porter of England howbeit these two offices were accustomed to be occupyed by one person these ought to be there the first day of the Parlement The Lord Chaunceler of England the Treasurer the Chamberlain the Barons of the Eschequer the Iustices all the kings Clarks and knights with Sergeants at the Law of the kings retinew or fée ought to be there the second day vnlesse they haue a resonable impediment or let Of the beginning of the Parlement THe King ought to be in the Parlement the first day and should sit in the midst of the high bench The sixt day the Chaunceller the Treasurer the Barons of the Eschequer and the Iustices were accustomed to recorde the defaults doon in the Parlemēt in forme folowing The first day they must call all the Citizens and Burgesses of all England and for lack of their apparaunce a Citty shal be amerced in a C. pound and a borough a C. markꝭ The second day they shall call knights of Shéeres and in default of their apparance the shéere shal be amerced a C. poūd The third day the Barons of the fiue portes after them th' other Barons and then the Earles and for lack of apparance of euery Baron they shal be amerced a C. markꝭ and of an Erle a C. pound the like shal be doon to them that be Earles and Barons Péeres that is to say as haue Lands and rents to the yéerly value of an Earledome or of a barony as is before expressed The fourth day the Proctors of the Clergie shal be called and for lack of their apparance their Bishops shal be amerced a C. marks for euery Archdeaconry that maketh default The fifth day Deanes Priors Abbots Bishops and Archbishops and for lack of apparaunce of an Archbishop he shal be amerced a C. pound a Bishop an Abbot and a Prior whiche holde an whole barony a C. marks Of the Proclamations THe first day of the Parlement proclamation shal be made first in the Hall or in the Monastery or some other open place where the Parlement shal be holden or kept and after in the Citty or Town opēly that euery man hauing Bil or Peticion to be eranuned or determined in the Parlement that is should be laid in within fiue dayes of the beginning of the parlement Of the preaching of the Parlement AN Archbishop or some famose discrete and eloquent Clark tobe assigned by the Archbishop in whose prouince the Parlement shal be kept and holden shall preach on the first of the fiue dayes in the ful Parlement in the Kings presence and he shall begin when all the Parlement or the moste parte shal be there assembled in his prison or prayer he shall require all the whole Parlement that they humbly beséech almightie God for the peace and tranquilitie of the King and Realme Of the Speaker of the Parlement AFter the Sermon doon the L. Chaunceller of England or the chéef Iustice elect shall stand declaring in the parlement house first generally and then specially the causes of the Parlement and wherfore the same is holden And it is to be noted that euery man the King excepted shall stand while the said Speaker dooth declare his matter to th'entent that euery man may hear him in cace he doo speak obscurely or darkly or so lowe that he cannot be heard he must begin again or els an other speak in his place What the King shall say after the Speaker hath doon THe King after the speaker hath declared the causes of the Parlement shall desire the Spiritualtie and the Temporaltie naming euery degrée that is to say Archbishops Bishops Abbots Priors Archdeacons proctors and others of the Clergie Earles Barons knights Citizens and Burgesses and others of the Temporaltie that they doo diligently studiously and loouingly indeuer them selues to examin pertract and handle the causes of the Parlement to the honor of God principally secondarely to the Kings honor and lastly to the welth of the Realme Of the Kings absence THe King ought dayly to be present in the Parlement vnlesse he be sick or diseased and then he may kéep his chamber so that he lodge not out of the manor or town where the Parlement is holden and then he ought to send for xij persons of the great estates that be monished or summoned to the Parlement wherof two to be Bishops two Earles two Barons two Knights two Citizens and two Burgesses to sée his person to certifie of his estate in their presence he ought to commit power to the Archbishop of the prouince to the Lord Steward and to the chéef Iustices that they ioyntly and seuerally shall begin and continew the Parlement in the Kings name making expresse mention in his commission of his disease to th' other estates and that the persons abooue named can expresse the same for it is a perilous cace and dangerous for the communaltie and Realme that the King should be absent from the Parlement but onely for bodely sicknes Of places and seates in the Parlement FIrst as it is before said the King shall sit in the midst of the bench vpon the right hand the Archbishop of Canterbury at his left hand the Archbishop of Yorke and then Bishops Abbots and Priors in order and then euery man in his degrée and amongst his péeres and that this order be kept the Lord Steward of England is bound to look vnto vnlesse the King assigne some other At the Kings righ foot the Chaunceller of England the chéef Iustice of England with his felowes and their Clarks that be of the Parlemēt And at his left foot shall sit the Treasurer the Chamberlain the Barons of the Eschequer the Iudge of the common place with their Clarks that been of the Parlement Of the porters of the Parlement THe chéef Porter of the Parlement shall stand within the great gate or Monastery hall or place wher the Parlement is holden and shall attend that no man enter into the Parlement except he be called for matters that he sheweth in the Parlement And it is expedient that the said Porter haue knowledge of euery mannes name that shall enter into the Parlement and if need require to haue many porters vnder him Of Cryers of the Parlement THe Cryer shall stand without the Parlement door and the Porter shall shew him when and what he shall call The king was accustomed to appoint his Sergeāts at armes to kéep the Parlement door that no thrust presse or noyse were made there by meanes wherof the Parlement might be letted and that such thrust preace or noyse might he auoyded and proclamation should be made that no person enterprise such things there vnder pain of imprisonment for by Law
as for the time and matter sufficient The imperfections if any be I wil heer after as occasion shall serue supply and amend in the meane time hauing ioyned the same vnto this and thinking it moste meet to be offred vnto you I doo moste humbly pray you accept the same in good parte The Lord God from whome commeth what so euer is good and who directeth the councels of the Iust and prospereth the diuices of the godly send his holy spirit vpon you that you liuing in the feare of him may hate iniquitie abhorre couetousnes and without affection giue iust Iudgements and in all trueth equitie and iustice gouerne rule and direct the people ouer whome he hath made you the gouerners and Rulers whereby his name may be glorified the common welth prospered and you at length sitting with the xxiiij Elders may be crowned with them and inioy that peace and blessing whiche is prepared for such as execute iustice and giue true Iudgements Post mortem Vita The olde and auncient order of keeping of the Parlement in England vsed in the time of King Edward the confessor FIrst the monicion or summons of the Parlement ought to be made or doon forty dayes before the beginning of the Parlement The Summons of the Spiritualtie ALl Bishops Abbots Priors and all other great Clarks that holde by countie or barony by reason of their holding ought to be monished and also to come to the Parlement and none other inferiours of the Clergie vnlesse their presence were profitable and necessary for the Parlement And to those the King is bound to giue their costꝭ comming abiding at the Parlemēt and such inferiour Clarks not to be monished to come to the Parlement But the king was accustomed to send his writs vnto such discrete men desiring them to come and be at the Parlement Also the King was accustomed to send his monicions or summons to the Archbishops Bishops and other exempt persons that is to say Abbots Priors Deanes and other ecclesiastical persons that haue iurisdiction by such exemption and distinct priuiledges that they for euery Deanry and Archdeconry through England should elect and choose or cause to be elected chosen two discrete and wise proctors of their owne Archdeconry whiche should come and be at the parlement there to sustain and alow and to doo that thing that euery man of their Deanry or Archdeaconry might doo if they weer there in proper persons those Proctors so sent for the Clergie should bring with them their double proxies sealed with double seales of their superiours The one of the proxies to remain with the Clarks of the Parlement and thother to remain with the said proctors and vnder this maner the Clergie ought to be called to the Parlement The summons of the Temporaltie ALso all and euery Earle Baron and their péeres that is to say that haue lands and rents to the value of an Earldome or of a whole Barony that is to say xx knights fées euery fée contayning .xx. pound land which amounteth to iiij hundred pound in the whole or to the value of an whole Barony that is to say xiij fées and the third parte of a knights fée euery fée accounted at xx pound which amounteth in the whole to iiij hundred Marks And no inferior persons of the Temporaltie shall come to the Parlement by reason of his holde vnlesse his presence be necessary and profitable and they to be ordred for their charges at the kings costs as is spoken of before of the inferior Clerks The summons of the Barons of the fiue Portes ALso the King ought to send his writs to the warden of the fiue portes that he should cause to be elected or chosen for euery of the said portes two discrete wise Barons that should come and be present at the Parlement there to answere sustain aledge and doo all things concerning the said parlement aswel as if all and euery of the Barons were there personally And these Barons so elect and chosen shall bring with them their double proxies double sealed with the common seal of the port The one therof to be deliuered to the Clarkes of the Parlement and the other to remain with the said Barons so chosen and elected And when it shall chaunce the said Barons licence obteyned to departe they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their resonable expences doon from the first of their comming to the Parlement vntil the time of their departing and comming home to be leuied of the comminaltie of euery party hauing expresse mention made in the writ from the said first day of their comming vntil the time of their licence obteyned and it was accustomed that mention should be made in the said writ what euery Baron should take of the cōmons for a day that is to say some more some lesse a consideration and respect had to the honestest for their tarying labours expences and it was not accustomed that any certain sum was limitted by the said Court. Of the knights of the Parlement ALso the king was accustomed to send his writꝭ to all the Shirifs within the Realme that they should cause to be chosen two honest wise and discrete knights for euery Shéere to come to the Parlement with such proxies as is before spoken of the Barons of the fiue portes But for the expences of the said two knights for euery shéere was not accustomed to be graunted abooue .xiij. shillings .iiij. pence for a day Of the Citizens of the Parlement IN the like the Maior of London and the Shiriffes The Maior and Baliffes or the Maior and Citizens of York and all other Cittyes were wunt to be warned that they for the comminaltie of their cittyes should elect choose two discrete honest wise Citizens to come and be at the Parlement vnder the fourme as is spoken of before of the Barons and of the knights of the shéere And the said Citizens were accustomed to be like and equall in their expences for comming abiding and returning to and from the Parlement as are the knights Of the Burgesses of the Parlement IN like manner the Bayliffes and wise men of the Boroughes were accustomed and ought to be warned that they should choose two discrete honest and wise Burgesses of them selues and by thē to come and be at the Parlement in like maner as is spoken of the Citizens But it was not accustomed that twoo Burgesses should haue for their charges abooue x. shillings sometime not abooue vj. shillings .viij. pence and that should be taxed by the Court after the habilitie of the borough and the honestie of the Burgesses Of the two principall Clarkes of the Parlement ALso two principall Clarkes of the Parlement shall sit in the midst of the Iustices which shall inrolle all plaintes and matters of the Parlement And it is to be knowen that these twoo Clarkes be not subiect to
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 excōmunicated 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 thē 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 opēly 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 Kingꝭ seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right hād 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 bēches 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 presēted 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 consēt then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
potitus victoria mane autem facto mediante Gen wissa Regina concordes effecti sunt Mathevv of Westminster writeth Aruiragus Britannorū Rex in tantam prolapsus est superbiam quod Romanae potestati noluit diutius subiectione parere Vespasianus igitur a Claudio missus cum in rutupi portu applicare incepisset Aruiragus illi obuians prohibuit ne ingrederetur ac Vespasianus retortis velis in Totonesio littore applicuit et ciuitatē que Biitannice Kayer penhuelgoite nunc autem Exonia appellatur obsedit elapsis inde septem diebus Aruiragus superuenit preliumque cum Romanis commisit et vtrorumque exercitu valde lacerato mediante Genvvissa Claudii filia duces amici facti sunt In the History intituled Noua Cronica de gestis Anglorum a Britonibus vsque ad Henricum sextum in effect is written the like Vespasianus a Claudio missus est vt Aruira gū pacisicare vel Romani ditioni restitueret cui obuiās Aruiragus prohibuit ne terram suam ingrederetur timens Vespasianus armatorum cohortem retraxit seseretortisque velis in Totonesio littore est appulsus atque vrbem Exone obsedit post septem dies superuenit Aruiragus preliū committitur laceraturque vtrorumque exercitus sed neuter potitur victoria demum mediante Genuissa Regina reconciliati snnt It was also in many troubles and great perplexities in the vncertain and troublesome estates of this Realme when some times the Romaines sometimes the Picts sometimes the Scottes sometimes the Saxons made their incursions warres vpon in this land by reason wherof the Records memorialles of the states in those dayes were for the moste parte lost and consumed And yet neuerthelesse Mathevv of Westminster writeth the it was beséeged by Penda King of Mercia An. 632. in the time of Cadvvallin one of the last Kings of the Britons The history is Edvvin the Saxon King of the Northumbers hauing warres against Cadvvalline or Cadvvallo did so preuail and had such conquests ouer him that he was fain and driuen to forsake his Realme of Wales and flée into Ireland where Cadvvallo béeing careful to recouer his land cuntreye repaired his Armye and gathered a new force and often times did attempt to land there within his owne Contreye but all was in vain for Edvvin was euer in redines and alwaies resisting him would not suffer him to land in any place For this Edwin had about him a certain man named Pellitus who was a Magitian skilful in Nicromancie and by his science and Art did forshow declare vnto Edwin what thingꝭ were dooing and attempted against him Cadwallo hauing such euil successe was in vtter dispair to recouer or auail against Edwin wherfore he sailed into Armorica now called Britain vnto the king therof named Salomon to whom he disclosed his miserable estate fortune as also cōplained much of Pellitus of his Sorceryes Whē these two Kings had consulted of the matter it was at length cōcluded thought best that some wittie and bolde man should be sent ouer and giue the attempt to kil Pellitus whervpon Brienus Nephew to king Cadwallo taketh vpon him to attempt this matter appareling him self in poor mans wéed saileth ouer into Englād and traueleth vnto York where King Edwin lay kept his court And there he ioyned and accompanyed himself emong the poor people whose custome and maner was to lye about the Kings gates at dinner and Supper times awayting for the Almes after Dinner and Supper Pellitus béeing the Kings Alomener and hauing the charge to distribute the almes commeth foorth and setteth the poor people in order Brienus by his béeing there watcheth his time to woork his feat and sudainly in the prese of the people with his weapon which he had prepared for the purpose thrusteth Pellitus into the body and killeth him and foorth with the thing in such a throng not perceiued shifteth him self away priuely and through woods thickets hilles and Dales commeth to Exeter where he discloseth and declareth vnto the Britons what he had doon they glad and reioysing héerof and hoping that now their King Cadwallo would return doo prepare and make redy bothe them selues and the Cittie aswell for the resisting of their enemyes as also for the receiuing and ayding of their King. Penda hearing of this iniury doon to King Edvvin his contreye man and minding to reuenge the same gathered a great armye of Saxons marcheth vnto Exeter and beseegeth y same round about minding the vtter subuertion of the Cittie and nation but the Citizens and Britons manfully withstanding his force defended bothe them selues and their Cittie vntil that king Cadwallo beeing héerof aduertised did with his force come ouer who not onely reskewed deliuered bothe his Cittie and contrey but also ioyning battel with his enemyes gaue them the ouerthrowe 3 It was also in great trouble in the time of King Allured or Alphred the fourth Sonne of Ethelvvolphus for Polidorus and others doo write that in the fifth yeer of the said Kingꝭ reign the Danes concluded a peace with the King and gaue hostages for the kéeping therof notwithstanding contrary to the same moste perfideously they assembled thē selues and with all haste marched towards this Cittie perforce entred took the same Daci etenim qui Religionem et fidem pre suo commodo postponendam ducebant Londino se mouentes maximusiti neribus Exoniam proficiscuntur vrbemque per vim capiūt but long they inioyed no rest there for the winter passed the King to be reuenged of their periurye marched towards the said Cittie with his power which the Danes vnderstanding and not able to abide the vexation and trouble of the Citizens would not abide the end but fled some to Dartmouth there took shipping who were in a tempest at the Seas for the moste parte drowned some fled to Chipenham or as sōe write to Bristovv whom the king so hardly pursewed that he neuer gaue ouer vntil he had ouercome them and slain their Captains Hubbert and Hungar. 4 Likewise in the xix yéer of the reign of the saidking the Danes contrary to their faith pledges and promises did again come to this Cittie and layd siege to the same Danorum Excercitus Anno. 877. ab vvarham nocte quadam federe dirupto ad Exeancestre diuerterunt quod Britannici dicitur Cayerewise at audito Regis aduentu ad puppes fugerunt et in mare predantes manebant 5 It was also besieged by the said Danes in the xix yéer of king Elgered Anno. 1001. For the Danes which were thē in Normandye hearing of the good luck successe and great spoiles their company in England had in euery place and their téeth set on edge therwith sudainly prepared their Shippes to sail come ouer and as it chaunced they landed vpon the costes of Deuon and foorthwith took their iourney and marched towards this cittie of Exon thinking to haue found them napping and to haue