Edwinus Comes anteatenuerat And the Earledome of Arundell which Harald poessessed he granted with a fee unto Roger of Montgomery The first two of which Honours the Heires male fayling by Women passed unto other Families But the latter Earldome Robert the Son of Roger being attainted of Treason returned unto King Henry the First who gave the same in Dowry unto Queen Adeliza his wife But the succeeding Kings more sparingly bestowed such dignities to be holden of them in Fee granting for the better and more honourable maintenance of their stocke add honour the third part of the pleas of the Countie as they term it which they in their Charters cal Tertium denarium or the third penny so that he that received the third penny of any province was called Earle of the same and so by custome the Women the Heires male fayling And if any Earle or Baron dying without Sons had many Women his heires howsoever order was taken either by way of Covenant or partition concerning the Lands possessions according to the Common Laws of the Kingdome yet the dignitie and Honour a thing of it selfe indivisable was still left to be dispos'd of according to the Kings pleasure who in bestowing there of usually respected the prerogative of birth by which right K. Henry the third after the death of Iohn the Scot dead without issue other Lands and revenews being by agreement given to his three Sisters united the Earldom of Chester with the honour thereof unto the Crown This is manifest in the Earldome of Arundell which after Robert Be lisme Son to the aforesaid Roger Mountgomery driven out by Henry the first K. Henry the second bestowed upon william of Albine Q. Adeliza his Mothers husband and by a new Charter confirmd it in fee together with the Inheritance to him and his Heires with the third pleas of Sussex whereof he created him Earle But Hugh the great Nephew of this william the first being dead without issue all the Earldome was divided among his foure Sisters whose dignitie and honour for all that together with the Castle of Arundel was by Edward the first at length given to Richard Fitz-Alan the Nephews Sonne to Iohn Fitz-Alan and Isabell the second of the aforesaid Sisters I will now passe from Henry the third to Edward the first his Sonne there being for a time great dissention betwixt him and certaine of his Nobility viz. Gilbert of Clare Earle of Hartford and of Glocester Humphrey of Bohun Earle of Hereford and Sussex and Constable of England and Roger Bigod Earle of Norfolke Marshall of the Kingdome and that all those Noblemen at length had lost their Earldoms and Offices they being reconcil'd to the King afterward they againe by new Charters received the same in this manner The first of them to himselfe and Ioane his Wife the same K. Daughter his second wife for term of both their lives to the children to be by both of them begoten his two Daughters by his first wife being excluded This Ioane called Ioane of Acon bare unto hâ—… thusand Gilbert a Sonne called also Gilbert but she the second time secretly marryed unto one Ridulph of Mont Hermeri without the King her Fathers knowledge and in her own right made the same Radulph Earle so long as she lived but she being dead Gilbert her Sonne by the aforesaid Gilbert succeeded againe into the Earldome Radulph his Father in Law being yet alive In the same mannner he restored to the aforesaid Humphrey of Bohun his Earldome and Constableship unto whom he also gave in Marriage Elizabeth another of his Daughters Widdow to Iohn Earle of Holland and to the third he restored the Earldome of Norfolke and the Office of Marshal with the yearly increase of a thousand marks upon condition if the heires male of his body to be begotten fayling both should return againe to the King At length this Roger dyed without issue in the xxxv yeare of him the said Edward the first viz. in the last yeare of his raigne and K. Edward his Sonne the second of that name both by a new Creation and Charter gave the Earldome and the Marshallship to Thomas of Brotherton and his heire male These things I have thus propounded thereby to shew how according to the diverse dispositions of Princes and change of times it hath by little and little varied in the first bestowing of dignities and honours Of which thing that new Law and to them of ancient time unknown made by King Edward the first seemeth afterward to be of no small moment whereby he favouring certaine private men more carefull of their own sirname then of their posterity it was thought good by him to decree to make Fees to belong to men only That Law which I would in latine call Gentilitium Municipale and which the Lawyers commonly call Mis taliatum and Talliabile or the Law of cutting off for that it cutteth off Successions before generall and restraineth them to the particular heires of Families which seemeth to have given an occasion of change in the giving and bestowing of dignities and honours For ever since that time in the Creating of any new Earle it is begun to be altered by expresse words in all Charters provided that it shal be but for terme of life onely or discend unto the heires males alone the women being quite excluded And for this I need not examples to prove for why the thing it selfe proveth the same But the force and efficacie of this Law of Entaile or of cutting off I have thought good thus in few words to declare And what I have sayd concerning Earles the same may be sayd also of Barons created by Charters but in Barons created by Rescripts or writs of summons yet resting upon most ancient custom not so For in them one onely excepted sent forth to Henry Bromflet wherein it was provided him that same Henry and his heires Male of his Body lawfully begotten onely to be Barons of Vesey women the heires Male fayling were not in ancient time forbidden orimbarred but that they might be accounted and by name stiled Honourable with the preeminence of the dignity and calling of Barons and after they had borne a Child according to the ancient favour of our Lawes and the custome of the Kingdom graced their Husbands also with the same honour and with the same by Inheritance ennobled their Children yea without the possessions of those places from whence the name of such dignities and honours may seeme first to have risen For fees and Locall possessions circumscribed by the Law are translated and carried from one family unto another and usually enrich their Lords and owners the possessors thereof but yet of themselves neither being nor take away nobilitie either dative or native by example to maifest these things were but needlesse of litle consequence for why all the most ancient Baronies the more ancient sort of the Barons at this day are in this point on my
THE MANNER of holding PARLIAMENTS IN ENGLAND Collected forth of our Ancient Records Whereunto is added Certaine Ancient Customs of this Kingdome The Prerogative and power of Parliaments The order and forme of the placing and sitting of the Kings Majesty and Peeres in the upper House of Parliament The order and course of passing of Bills in Parliament With The Stately and magnificent order of proceeding to Parliament of the most High and Mighty Prince King CHARLES on Monday the 13th of Aprill 1640. in the 16th yeare of his Majesties reigne first on Horse backe from White Hall to Westminster-Abby-Church and from thence on foot to the Parliament house Printed in the yeare 1641. DIEV ET MON DROIT THE MANNER OF HOLDING A PARLIAMENT in the second of Edward the Confessor Sonne of K. Etheldred HERE is described the Manner after which the Parliament of the King of England and of his English People was kept in the times of King Edward the Sonne of Etheldred the King which manner was rehearsed by the discreet sort of the Kingdome before William Duke of Normandy the Conquerour and King of England the Conquerour himselfe commanding this and by himselfe approved and used in his times and in the times of his successours Kings of England Of the Summons of Parliament The Summons of Parliament ought to goe forty dayes before the first day of the Parliament Concerning the Clergie The Parliament ought to be summoned and come the Arch-Bishops Bishops and other chief of the Clergie who come thither by holding of some County or Barony and because of such tenure and not otherwise and none of the lesse degree of the Clergie unlesse their presence or coming thither may be required in some other respect then by their tenures or unlesse they be of the Kings Counsell or their presence may be deemed necessary or accounted profitable for the Parliament and the King is bound to minister unto them their costs and expences in coming and tarrying at the Parliament Neither ought such of the lower degree of the Clergie men to be summoned to the Parliament but the King was wont to gether to send out his Writs to such men requiring them that they should be present at his Parliament Also the King was wont to give Summons to the Arch-bishops Bishops and other exempted persons or to Abbots Priors and other Ecclesiasticall persons that have by such exemptions and priviledges their severall jurisdictions according to their severall Deaneries and Arch-deaneries of England through their Deaneries and Arch-deaneries aforesaid should cause to be chosen two skilfull and fit Proctors or Clerks of the Convocation house out of the same Arch-deanery to come and to be present at to answer to undergoe to alledge and to doe there that which all and every Parson of their Deaneries and Arch-deaneries should if they and all and every of them were personally present there And that such Proctors or Clerks of the Convocation house come with their two Warrants sealed with the seales of their superiours because they are chosen and sent to such a Proctorship The one of which Letters should be delivered to the Clarke of the Parliament to be enrolled and the other remaine in the Proctors and Clerks themselves and so under these two kinds of Summons the whole Clergie ought to be Summoned to the Kings Parliament Concerning the Laity Also all and every Earle and Baron and their Peeres ought to be summoned and come to the Parliament to wit those that have Lands and Revenues to the value of a whole County which maketh foure hundred pounds in the whole or to the value of one whole Barony to wit Thirteene fees and the third part of one Knights fee every fee being reckoned at twenty poundes maketh in the whole foure hundred markes and no lower Lay-men ought to be summoned to come to the Parliament by reason of of their tenure unlesse their presence for other causes be profitable and necessary to the Parliament and then they ought to be dealt withall as is said of them of Ae Lower degree of the Cleargy men who are not bound by reason of their tenure to come to the Parliament Also the King was wont to send his writs to the Warden of the Cinque Ports that hee might cause to be chosen to come and bee present at the Parliament to answere undergoe and do there that which their Burroughs themselves should do if all and every one of them were personally present there and such Barrons should come with their two Warrants sealed with the common seales of their Ports to shew that they were orderly chosen and sent from the Barronies to that end the one whereof shall bee delivered to the Clarke of the Parliament and the other to remaine with the Barrons themselves And when such Barrons of the Ports having obtaind Lycense should depart from the Parliament then they were wont to have a writ under the great seale of the Warden of the Cinque Ports that they might have their reasonable costs and expences meet for such Barrons out of the County of the Port from whence they came towards the Parliament untill the day wherein they returned home to their owne houses there being expresse mention made in the writ of the stay they made at the Parliament and of the day wherein to returne Yea there was wont sometimes mention to be made in the writ how much such Barrons should take of the Counties from whence they came for a day to wit some had more some had lesse according to the ability and honesty of the persons themselves neither were they wont to put downe for two Barrons above twenty shillings by the day and yet therein had they respect to their charges of their stayings labour and expence neither were such uncertaine expences to be put downe and allowed by the Court for all and every one so chosen and sent for their Counties unlesse the persons themselves were honest and behaved themselves well in the Parliament Touching the Knights of the Shire Also the King was wont to send his writs to all the Sheriffes of England that every one might cause to be chosen out of his owne Countie through the Country it selfe two Knights fit honest and skillfull to come to his Parliament after the same manner which is spoken of the Barons of the Ports and for their warrants they should come after the same manner But for the expences out of one County for two Knights there was not wont to bee set downe and allowed aboue one Marke a day and now eight shillings a day to wit for every one of them foure shillings Touching the Citizens After the same manner Commandement was wont to be given to the Major and Sheriffe of London the Major and Bayliffes to the Major and Citizens of Yorke and of other Cities that they for the County of their City should choose two fit honest and skilfull Citizens to come to the Parliament after the same manner which
is spoken of the Barons of the Cinque Ports and the Knights of the Shires and the Citizens were wont to be Peeres and equalls with the Knights of the Shires in expences all the while they came tarryed and returned from the Parliament Touching the Burgesses After the same manner commandement was wont to be given to the Bayliffes and honest men of Burrowes and Townes Corporate that they ought of themselves and by themselves to choose two fit honest and skilfull Burgesses to come and be present at the Kings Parliament after the same manner as is spoken concerning Citizens but two Burgesses were not wont to receive by the day for their expences above ten shillings and somtimes not above a noble which was wont to be taxed by the Court according to the greatnes of the Burroughs and the persons sent hitherto hath been declared the form quality and persons how long a time before the Summons of the Parliament ought to be made and who are those that ought to come by the Summons and who not Now secondly we must shew who they are which by reason of their Offices ought to come and are bound to be present at the Parliament time without Summon whereupon we must make the two principall Clerks of the Parliament elected by the King and his Councell and other secondary and undertakers of whom and whose Offices we will speak more specially afterwards and the principall Cryer of England with their under-Cryers and the principall Porter of England with two Offices were wont to belong to one person These two Officers are bound to be present the First day The Chancellour of England the Treasurer and Chamberlaines and Barons of the Exchequer Justices and all the Clerks and the Kings Knights together with them that sue for the Kings Pleas who are of the Kings Counsell are bound to be present the second day unlesse by Order they be excused Touching the beginning of Parliament The Lord the King shall sit in the midst of the great Bench and is bound to be present in the First and Last day of Parliament And the Chancellour Treasurer Barons of the Exchequer and Justices were wont to Record the defaults made in Parliament according to the Order following In the First day the Burgesses and Citizens of al England shall be called at which day if they doe not come the Shires shall be amerced at an hundred pounds In the Third day of the Parliament the Barons of the Cinque Ports shal be called and afterwards the Barons of England after them the Earles whereupon if the Barons of the Cinque Ports do not come the Barony from whence they are shall be amerced at an hundred Marks and an Earle at an hundred pounds And after the same mannerit must be done with those that are equall to Earles and Barons namely which have Lands and Revenews to the value of an Earldome or of one Barony as before said In the Fourth day the Proctors of the Clergie or Clerks of the Convocation house shall be called if they come not their Bishops shall be amerced for every Archdeanery one hundred pounds In the First day the Deanes Priors Abbots Bishops and at length the Archbishops shall be called who if they doe not come every Archbishop shall be fined at an hundred pounds and every one holding a whole Barony or Abbots Doctors at an hundred Marks In the First day Proclamation ought to be made in the Hall or in the Monastery or in som publique place where the Parliament is to be held and afterwards publickly in the City or Town That all those who would deliver Petitions or Bills to the Parliament that they may deliver them the First day and soother five dayes next following Touching the Preaching at the Parliament An Archbishop or Bishop or some great Clerk discreet and eloquent chosen by the Archbishop in whose Province the Parliament is held ought to preach one of the said five dayes of Parliament and in the presence of the King and this must be done when the Parliament for the greater part shal be joyned and gathered together In his Sermon he shall admonish and exhort the whole Parliament that they with him humbly pray God and worship him for the peace and tranquility of the King and Kingdome as shall be said in the Title following Touching the Speech for the Parliament After the preaching the Chancellour of England or the Lord Chiefe Justice of England or some other fit honest and eloquent Justice or Clerke chosen by the Chancellor or Chief Iustice themselves ought standing to pronounce the causes of the Parliament Whosoever they be whilest they speake shall stand except the King so that all of the Parliament might heare him that speaketh or if he speake somthing darkly or in a talke lowe voyce let him speak againe and speak lowder also or let another speak for him Touching the Speech of the King after the Speech before mentioned The King after the Speech before mentioned ought to require the Clergie and Laity naming them after their degrees as Archbishops Bishops and Abbots c. Earles Barons Knights Citizens c. that they carefully diligently and heartily labour throughly to handle labour and deliberate in the businesse of the Parliament even as they shall understand and perceive that this shal be first according to the will and pleasure of God and afterwards for his and their honours and commodities Touching the Absence of the King in the Parliament The King is bound by all meanes possible to be present at the Parliament unlesse he be detained or let therefrom by bodily sicknes and then hee may keep his Chamber yet so as he ly not without the mannour or Towne at the least where the Parliament is held and then hee ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament That is two Bishops two Earles two Barons two Knights of the Shire two Burgesses and two Citizens to looke upon his person to testify and witnesse his Estate and in their presence he ought to make a Commission and give authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name expresse mention being made in that Commission of the cause of his absence then which ought to suffice and admonish the other Nobles and chiefe men in the Parliament together with the evident Testimony of the aforesaid twelve Peeres of theirs the reason is because there was wont to be a cry or murmur in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole Commonalty of the Parliament and Kingdome when the King shall be absent from his Parliament neither indeed ought hee or may be absent but onely in the case aforesaid Touching the places and sitting in the Parliament First as I before said the King shall sit in the mid place of the great Bench
and at his right side shall sit the Arch-bishop of Canterbury the Bishops of London and of Winchester and after them in order and course the other Bishops Abbots and Priors and on the left side the King the Arch-Bishop of York the Bishops of Durham and Carlile and after them the Earles Barons c. making alwaies a division of place betweene the foresaid degrees and their places that none sit but amongst Peeres and his equalls and the Steward of England too looke to this unlesse the King will assigne some other to it At the Kings foot at the right side shall sit the Chancellor of England and the chiefe Iustice of England and their fellowes and their Clarks who are of the Parliament and at his foot on the left side shall sit the Treasurer and Chamberlaine and Barons of the Exchequer the Iustices of the Bench and their Clarkes who are of the Parliament Touching the principall Clarkes of the Parliament There are two principal Clarkes of the Parliament who shall sit in the midst of the Iustices who shall enrole all the pleas and businesse of the Parliament and we must know that these two Clarks are not subject to every Iustice neither is every Iustice in England Iustice in the Parliament neither have they of themselves Record in the Parliament unlesse so far forth as new power shall bee assigned and given to them in the Parliament by the King and the Peeres of the Parliament and when they are assigned with other choyce men of the Parliament to heare and determine divers petitions and complaints offered in Parliament but these two Clarkes are immediately subject to the King and his Parliament in common unlesse perhaps one Iustice or two bee assignedto examine and amend their Inrolements And when the Peeres of the Parliament to heare and examine som Petitions by themselves then when they shall be of one mind and agreeing in rendring their judgements to such Petitions and the processe made concerning the same and they shall give their judgement in full Parliament so that the other two Clarkes principally Inrole all the pleas and all the Iudgements in the principall role of the Parliament and shall deliver these roles to the Treasurer before the going away of the Parliament referring yet notwithstanding to the same Clarkes one transcript and count er-role thereof if they will have it These two Clarkes unlesse they be in other office under the King and take of him such fees as whereby they may live honestly and well shall receive of the King every day a marke for their expences to be divided betweene them by equall portions unlesse they be at the Kings board otherwise halfe a mark a day during all the Parliament Touching the five Clarkes of the Parliament The King shall assigne or appoint five skilfull Clerks the first whereof shal be Minister to and serve the Bishops The second the Proctors of the Clergie or the Clerks of the Convocation house The third the Earles and Barons The fourth the Knights of the Shire The fifth the Citizens and Burgesses and every one of them unlesse he be with the King and take of him such a fee or such Revenews that hee may thereupon live honestly hee may take by the day two shillings of the King unlesse hee be of the Kings board if he be then to have but twelve pence which Clerks shall write the doubts and answers that they which shal be present at the Parliament make to the King and at the Parliament and communicate their Counsells unto them whensoever they will have them and when they shall be at leasure they will send the principall Clerks to inroll them Concerning Cases and Judgements which are heard When a cause of Truce doubt or hard case of peace or warre doth break forth or otherwise the case be referred in writing in full Parliament and left it to be handled and disputed there between the Peeres or equalls and if it be needfull let it be enjoyned by the King or on the Kings part if the King be not present to every degree of Peeres or equalls that every degree it selfe may goe there to it selfe and let that case be delivered to their Clerke in writing and let them cause the case to be recited before them so that they doe ordaine and consider among themselves how and after what sort they may better proceed and more justly in that case as they for the person of the King and their own persons and the persons also of those whom they represent will answer before God let them bring their answer and advise in writing and let them proceed in all their Answers Councels and advises heard of either side or to and fro as we said according to better and more sound counsell and judgement and when at the least the greater part of the Parliament doth agree And if by the discord between the King and some Noblemen themselves either the people may be weakned or the Countrey may be troubled so that it seem to the King his Councell that it were expedient the businesse be handled and amended by consideration of all the Peeres of the Kingdome Or if through warre the King or Kingdome might be troubled or if a hard case doe come before the Chancellour of England or a matter hard to be judged of shall be brought before the Justices or such like or if perhaps in such deliberations all or at least the greater part cannot agree then the Earle that is Steward the Earle that is Constable and the Earle Marshall or two of them shall choose five and twenty persons of all the Peeres of the Kingdome and three Proctors or Clerks of the Convocation house for the whole Clergie two Earles and three Barons five Knights of the Shire five Citizens and Burgesses who make five and twenty and those five and twenty may choose if they will twelve of them and condiscend to them and those twelve choose six and condiscend no fewer unlesse license be obtayned from the Lord the King And if the King consent to three these three may condescend to two and may descend to another and so at length his Ordinance shall stand above the whole Parliament and so condescend from twenty and five persons to one onely person unlesse the greater number will agree and ordaine at the length one person as is said shall agree for all who cannot disagree from himselfe This being observed and also reserved the King and his Councell that they may examine and amend such Ordinance after them which shall be written if they know how to doe it and will performe it yet so as they doe it there in full Parliament and by the consent of the Parliament and not contrary to the Parliament Touching the Order of deliberating businesse in the Parliament The businesse for which the Parliament ought to be deliberated on according to the Calendar of the Parliament and according to the Petitions and affiled no respect being had
libere et indifferenter per illos qui proclam hujusmodi interfuer juxta formam statutorum inde edit. et provis eligi et nomina eorundem milit. Civium et Burgensium sic Electorum in quibusdam Indentur inter te et illos qui huiusmodi Electionis interfuerit inde conficiendum sive hujusmodi electi praesentes fuerint vel absentes inseri eosque ad dict. diem et locum venire fac Ita quad ijdem milites plenam et sufficientem potestatem pro se et communitate Comit. predict ac dict. Câ—ves et Burgenses pro se et communitate Civitatum et Burgorum predictorum divisim ab ipsis habeant ad faciendum et consentiendum his quae tunc ibid. de communi consilio dicti regni nostri favente Deo contigerint ordinari super negotijs â—ntedictis Ita quod pro defectu potestatis huiusmodi seu propter improvidam Electionem milit. Civium aut Burgensium predictorum dicta negotia infect a non remaneant quovis modo Nolumus autem quod tu nec aliquis alius vic. dicti Regni nostri aliqualiter sit electus Et electionem illam in pleno Comitatu factam distincte et aperte sub sigillo tuo et sigillis eorum qui electioni illi interfuerint nobis in cancellar. nostr dict. diem et locum certifices indilate remittens nobis alteram partem Jndentur predict a rum presentibus consuet una cum hoc breve Teste meipso apud West 18. die Septembris anno Regni nostri 16. The order of the proceeding to Parliament of the most high and mighty Prince King CHARLES on monday the 13. of Aprill 1640. In the 16. yeare of his Majesties raigne first on Horseback from White-Hall to Westminster-Abby-Church and from thence on foot to the Parliament house viz. Messengers of the Chamber 2. and 2. Trumpets The Master of the Chancery The Kings Puisne Sergeants at Law The Kings Solicitor The Kings Attourny Generall The Kings 2 Ancient Sergeants at Law Masters of the Request 2. and 2. Barons of the Exchequer of the degree of the Coyfe of the said Courts Iustices of the Common-pleas of the degree of the Coyfe of the said Courts Iustices of the kings-Bench of the degree of the Coyfe of the said Courts together The Lord chiefe Baron of the Exchequer The Master of the Roles together The two Lord chiefe Iustices of the Kings Bench and Common-pleas Pursevants at Armes Privy Counsellors Heraulds 2. Barons in their Parliament Robes 2 and 2. being all in number 53. Lord Bishops 2 and 2 according to their consecrations Bishop of Winchester Bishop of Duresme Bishop of London now being Lord Treasurer in another place Two Heraulds Viscounts in their Robes 2 and 2. Viscount Camden Viscount Conway Viscount Say and Seale Viscount Purbeck Viscount Mountague Two Heraulds Earles in their Robes 2 and 2. being in number 62. together The Lord Chamberlaine The Lord Steward of the K. Household And the Lord Admirall The Marques of Winchester The Duke of Buckingham under age Norroy and Clarencieux The Lord Privy Seale The Lord Treasurer of England The Arch-Bishop of York Lord-keeper of the great Seale The Arch-Bishop of Canterbury Sergeant at Armes from the Sword forward Gent. Vsher black rod on the right han Garter in the middle uncovered Another G. Vsher all bare The Prince in his Crimson Velvet Robes Hood and Cap of Estate thereon his Coronet his Trayn borne by The Sword borne by The great Chamberlaine on the right hand The Sword borne by The Earle Marshall on the left hand The Cap of Estate borne by Footmen Pentioners on foot with their Axes Esquires The Kings Majesty in his Parliament Robes and Crowne his Majesties Traine borne by three Earles or Lords eldest Sonnes assisted by the Gentlemen of the Robes all on foo The Mr. of the Horse leading the Hors of honour together The Captaine of the Pentioners The Captaine of the Guard The Guard 2 and 2 on foot All the time the King is in the Church the Prebends carry the Canopy of the Church over him but when he commeth out of the Church the Gent. of the Privy Chamber carry another Canopy over him to the Parliament House The Church delivereth a Scepter to the King at his coming in which is delivered back at his going out The proceeding to the Parliament of the most high and mighty Prince King CHARLES on Tuesday the third day of November being in the 16th yeare of his Majesties reigne Anno Dom. 1640. from White-hall by water to Westminster and from thence on foot to the Parliament house All things in manner and for me as before particulariz'd was observed in this stately going of the Kings Majesty the Prince and Peeres to Parliament onely in some things different from the former Norroy and Clarenciux Sergeant at Armes Lord Privy Seale Sergeant at Armes Sergeant at Armes Lord Treasurer of England Sergeant at Armes Sergeant at Armes Lord Arch-bishop of York Sergeant at Armes Sergeant at Armes Lord Keeper of the great Seale Sergeant at Armes Sergeant at Armes Lord Arch-bishop of Canterbury Sergeant at Armes Garter bare headed A Gentleman Vsher bare-headed A Gentleman Vsher of the black Rod bareheaded The Prince his highnes in his Parliament Robes with Cap and Coronet his highnesse Trayne borne by the Lord Francis Villars second Sonne to the Duke of Buckingham and the Lord Ogle The Cap of Estate borne by the Earle of Essex The Earle Marshal on the left hand The Sword borne by the Earle of Bath The Lord great Chamberlaine on the right hand The Kings Majestie in his Parliament Robes and his Crowne on His Majesties Traine borne by the Duke of Buckingham Earle of Oxford Lord Herbert of Cardiff Lord Cecill of Essendon and Lord Lisle assisted by the Gentlemen of the Robes Gentlemen Pensioners on each side with their Axes The Captaine of the Guard The Guard The Prerogative of the high Court of Parliament OF all the Courts of Judicature in England the Court of Parliament is the chiefest and greatest Councell of Estate called and appointed by the Kings Majesty the Lords of the upper House by personall writs of summons And for the Commons House a generall writ is sent to the Sheriffe of every Shire or County to call together all such freeholders which can dispend forty shillings yearely out of their owne free Lands at least for the electing two Gent. for Knights of the Shire the like is directed to the Cinque Ports for choyce of their Barons to each Citie Burrough Towne and Vniversity for choyce of two Burgesses for every of them to represent their severall bodies in Parliament The time and place of meeting This honourable Assemblies meeting is noticed by the Kings Majesty to all his Subjects by Proclamation The end of calling this great Assembly is either the disturbance of the Church by Heresie or Schisme danger of the Kingdome by War offensive or defensive or for the reliefe of the Subject
to any person let him first handle his cause that first propounded it In the Kalendar of the Parliament there ought to be rehearsed all the businesses of the Parliament and that after this order First concerning Warre if there be any Warre and concerning the other businesses touching the persons of the King of the Queen and of their Children Secondly concerning the commonbusinesses of the Kingdome as of making Laws when there shal be lacke of Law originall judiciall or executory of particular persons Thirdly the businesse of particular persons and that according to the Petitions offered as is aforesaid Touching the dayes and houres of the Parliament The Parliament ought not to be held on the Lords day but on the other dayes following that day alwayes excepted and three other to wit of All Saints of All Soules and of the Nativity of Saint Iohn Baptist It may be held and ought every day to begin at one of the clocke in the afternoone at which houre the King is to be present at the Parliment and all the Peeres of the Kingdome The Parliament ought to be held in a publique place and not in a private or secret place In the Holy dayes the Parliament ought to begin at one of the clock because of divine service Touching the Porters of the Parliament The principall Porter of the Parliament shall stand beneath the great Gate of the Monastery Hall or other place where the Parliament is held and must keep the dore so that none come into the Parliament but he which ought to come to the Parliament or shall be called for the businesse which he followeth in Parliament and it behooveth that the party have knowledge of the persons which should come in so that none at all be denyed entrance which is bound to be present at the Parliament And the Porter ought if it be needfull to have more Porters under him Touching the Cryer of the Parliament The Cryer of the Parliament shall stand without the dore of the Parliament and the Porter shall declare to him their Cryers The King was wont to assigne Sergeants at Armes to stand a great while together without the doore of the Parliament to make the doore so that none should make thrusting or tumults about the doore by which the Parliament might be hindred upon pain of taking of their bodies because of right the dore of the Parliament ought not to be shut but to be kept by Porters or Kings Sergeants at Armes Touching the standing of them that speake in the Parliament All the Peeres of the Parliament shall sit and none shall stand but when he speaketh so that every one of the Parliâ—ment may heare him None shall enter into Parliament nor goe out oâ—Parliament but by one door and whensoever he speaketh any thing which ought to be deliberated on by the Parliament All they that speak shall stand the cause is that he may be heard of the Peeres all which Peeres are judges and Justices c. Touching the help and ayd appointed for the King The King was not wont to require help or ayd of his Kingdome unlesse it were for Warre at hand or for making his Sons Knights or for marriages of his Daughters and then he ought to require such helpe in full Parliament and to deliver it in writing to every degree of the Peeres of the Parliament and to answer the same in writing And we must know that for the granting of such helps and ayd it behooveth that all the Peeres of the Parliament agree And we must understand that two Knights which come to the Parliament for the Shires and County out of which they come have a greater yoyce in Parliament to grant then the greatest Earle in England and after the same manner the Proctors for the Clergie or Clerks of the Convocation house for one Bishopricke have a greater voyce in Parliament if they all agree then the Bishop himselfe And this is true in all things which ought to be granted or denyed to the party or are to be done therein And this is manifest because the King may hold Parliament with the Communalty and Commons of the King some without Bishops Earles and Barons yet so as they be summoned to the Parliament Although no Bishop Earle or Baron come according to their Summons because in times past neither was there Bishop Earle nor Baron and yet even then Kings kept their Parliament but it is farre otherwise on the other side for though the Communalty to wit Laity and Clergie were summoned to the Parliament as of right they ought to be yet for some certaine causes they would not come as if they would pretend that the King did not govern them as he ought and would in speciality point out the Articles in which he misgoverned them as he ought not that then that Parliament is utterly none at al though the Arch-bishops Bishops Earles Barons and all their Peeres and equalls were there with the King present at it and therefore all things which are to be affirmed or informed granted or denyed or to be done by the Parliament must be granted by the Communalty of the Parliament which standeth upon three degrees or sorts gathered together in Parliament that is to say the Procters of the Cleargie the Knights of the Shires the Citizens and Burgesses who indeed represent the whole Communalty of England and next upon the Noble men because every one of them is at the Parliament in his own proper person and non other Tonching the departure or breaking up of the Parliament The Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided or at the least to which there is not made a determinate answere The Kings Majesty being desirous of his Grace and favour to give the Subject redresse of any injury and not to suffer his people to goe unsatisfied None of all the Peeres or equalls of the Parliament may or ought to depart alone from the Parliament unlesse he have obtained and that in full Parliament leave of the King and of all his Peeres or equalls so to do and that withall there be a remembrance kept in the Parliament roll of such leave and liberty granted And if any of the Peeres or equalls during the time of the Parliament shall be sicke or weake so as he is not able to come to the Parliament then he must three dayes together send such as may excuse him to the Parliament but if they come not then let there be sent from the Parliament two of his Peeres or equalls to goe and to certifie of his infirmity And if there be any suspicion let these two Peeres or equalls be sworn that they shall speak the truth concerning the same and if it be found out that he did faine or counterfeit let him atturney or appoint some sufficient man before them to be present at the Parliament his stead if he will neither can he be further excused if he be of sound
Seale each of them above all other personages being of their owne estates or degrees and holding the same precedence as they are formerly named Lastly the principall Secretary being of the degree of a Baron shall be rang'd above all Barons not having any of the former offices also and this range and precedencie to continue to all the great Officers in generall which are before named both in Parliament in Councell Chamber in the Starre Chamber at the tryall of Peeres and in all other Assemblies whatsoever This in briefe is the effect of the Statute expressing the dignity and place of our most principall and supremest Temporall Officers of which the first and chiefest is the L. Chancellor or L. Keeper who is said to be the Kings Conscience his mouth and confirmation for by him all the rigours of the law are bridled the Kingswil in grace consultations revealed and his gifts and prerogatives confirmed before him all the great businesse of the Common-wealth is dispatcht either at Councell Table in Starre-Chamber or in the Chancery where hee hath a principall voyce and precedence and lastly he hath the keeping of the great Scale of the Kingdome in which is exprest a reputation so serious that all Subjects lifes and Estates depending on the same The next in place is the L. high Treasurer of England to whose trust the Kings Treasure is committed who is a man of that noble worthy sweet and generous disposition of important confidence of noble estimation excellent in wisdom and high in estimation and to his wisdome and excellent judgement is referred the whole manage of the Kings entire Estate and the provident regard of the wealth and flourishing prosperity of all the K. Subjects He is the prime Officer Judicature betweene the King and his Tenants and hath dependance on the Councell Table the Exchequer and the Kings Royall House and Family The next to these is the L. President of the Kings most honourable Privy Counsell and is the chiefe man next the King belonging to the high and honourable Assembly and hath in his power under the Kings Majesty the mannage of the priuileges of that Honourable Table The next is the L. Privy Scale an especiall Ensigne of credit belonging to this Kingdome having custodie and charge of the Kings lesser Seal which gives testimony of the Kings fauours and bounty but also making the way cleare and accessable to the great Seale in which consists the strength of his Majesties confirmations These first foure great Officers are civill and judicature as depending on the publique State after whom follow six other which are as well Military as Civill having the managing of all matters of Honour and Warlike proceedings The first of which is the L. Chamberlaine of the Kingdome whose Office is of the greatest imployment in all publique Assemblies as Coronations Parliaments Tryumphs or any Solemnitie where the King himselfe rideth in person which Office is not Officiary but Honorarie depending by a feudall right unto the Noble house of the Earles of Oxenford After this is the L. Constable of the kingdom who was the first and principall Generall under the King of all the Land forces and in all occasions of Martiall affaires had the principall nomination of Officers and ordering of Munition for such imployment Then is the L. Marshall of the Land a great and renowned Officer in whom consist the solutions of all differences in Honour and dispensation of al things appertaining to the great or lesser Nobility Next followeth the Office of the L. Admirall of the Land who is the Kings Generall and chiefe Commander at Sea and hath care and charge of all his Majesties Royall Navy and the censuring of all Marine causes whatsoever The next following is the L. Steward of the Kings Household in whose trust and government is reposed the ordering of all the great and Noble Families the discussion of all controversies the placing and removing of Officers and the disposing of all things therein for his Majesties renowne and dignity The last of these great Officers is the L. Chamberlaine of the Kings Royall Household unto whose great trust faith and integrity is committed the guard of the Kings Royall person he hath the controle and commandement of all Officers and others whose dependance is on the Kings person and howsoever some would limit his rule above the Sayters yet it is over the whole Court and in all places wheresoever the King is present with many other priveledges which at this time cannot be fully recited After all these great Offices and Officers I must necessarily add one great Officer more namely the Kings chiefe and principall Secretary of Estate who deserves a due respect by his high and Honourable Place in regard he is so intimate and nigh to all affaires of his Majestie either private or particular THE FORME OF THE KINGS MAIESTIES WRIT TO THE PEERES TO ASSEMBLE IN PARLIAMENT CAROLUS c. Charissimo consanguineo suo E. Comit. D. salutem Quia de advisamento et assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum et defensionem regni nostri Anglie et Ecclesie Anglicane concernent quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium tertio die Novembris proxâ—futur teneri ordinavimus et ibid. vobiscum ac cum Prelat magnatibus et proceribus dict. Regni nostri colloquium habere tractare vobis sub fide et ligeanciis quibus nobis tenemini firmiter injungend mandamus quod consider at dictorum negotiorum arduitate et periculis imminentibus cessante excusatione quacunque dict. die et loco personaliter intersitis nobiscum ac cum prelatis magnatibus et proceribus predictis super dictis negotiis tractatur vestrumque consilium impensur et hoc sicut nos et honorem nostrum ac salvationem et difensionem Regni et Ecclesie predictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me apud West decimo octavo die Septembris Anno Regni nostri 16. THE FORME OF THE Writ to the Sheriffe c. for the election of the Knights and Burgesses to assemble in Parliament REX Vic. N. c. Salut quia de advisamento et assensu consilii nostri pro quibusdam arduis et urgentibus negotiis nos statum defensionem Regni nostri Anglie et Ecclesie Anglicane concernen quoddam Parliamentum nostrum apud Civitatem nostram West tertio die Novembris prox futur teneri ordinavimus et ibid. cum prelatis magnatibus et proceribus dicti Regni nostri colloquium habere et tract. Tibi precipimus firmiter injungentes quod facta proclamation in prox Comitat. tuo post receptionem huius brev. nostritenend die et loco predict duos milit. gladijs cinct magis idoneos et discretos Comit. predict et de qualib Civitate com illius duos Cives et de quolibet Burgo duos Burgenses de discretior et magis sufficientibus