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A86394 The manner of holding Parliaments in England. Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this kingdome. The prerogative and power of Parliaments. The order and forme of the placing and sitting of the Kings Majesty and peeres in the upper house of Parliament. The order and course of passing bills in Parliament. With the stately and magnificent order, of proceeding to Parliament, of the most high and mighty prince, King Charles, on Monday the 13th. of Aprill 1640. in the 16th. yeare of his Majesties reigne, first on horse backe from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house. Hakewill, William, 1574-1655. 1641 (1641) Wing H214; Thomason E157_11; ESTC R212700 24,894 61

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memory Departing of the Parliament Ought to be in such a manner first it ought to be demanded yea and publikly proclaimed in the Parliament within the Pallace of the Parliament whether there be any that hath delivered a petition to the Parliament and hath not received answere thereto If there be none such it is to be supposed that every one is satisfied or els answered unto al the least so far forth as by law hee may be Touching the Transcript or writing out of Records and Processe made in Parliament The Clarke of the Parliament shall not deny to any man a Transcript or Copy of his Processe or Processe in Parliament if he do desire it and the Clarke shall take alwaies for ten lynes but one penny unlesse happily that he that requireth the transcript will give his faith that he is not able to give it and in that case he shall take nothing The Role of the Parliament should containe in breadth ten Inches and the Parliament shall be held in what place it shall please the King Of the degrees of the Peeres or equals of the Parliament The King is the head the beginning and the ending and so he hath not any Peere or equall The second degree is of Arch-Bishops Bishops Abbots c. holding by Baroniet The third is of Proctors of the Cleargie or Clarkes of the Convocation The fourth is of Earles Barons and others great and noble personages as aforesaid The fifth degree is of the Knights of the Shire The sixth degree is of Citizens and Burgesses and so the whole Parliament stands of six degrees But we must know that though any of the five degrees besides the King shall be absent yet premonished by summons the Parliament is taken for full Thus have I declared unto you the ancient manner and custome of holding Parliaments in England to cleare the objection of some that say Parliaments are not of that antiquity I shall in the next place thinke it not amisse in regard I have begun to speake of ancient dayes to give you some satisfaction concerning some old customes of England ANCIENT CVSTOMES OF ENGLAND BEING desirous for my own particular satisfaction to search and inquire after reverenced Antiquity it was my happe to light on an old manuscript which although in sound is Saxon-like yet in some thing it savours of the Danish matters of the ancient British Laws under the rule and government of the Danes which writing writ in the Saxon tongue I have translated into English word for word according to the true sence and meaning thereof IT was sometimes in the English Laws that the People and the Laws were in Reputation and then were the wisest of the People Worship-worthy each in his degree Lorle and Chorle Theyn and underthem And if a Chorle so thriued that he had full fiue hides of his own Land a Church and a Kitchen a Bell-house a Gate a seat severall offices in the Kings Hall then was he thenceforth the Theyns right worthy And if a Theyn so thrived that he served the King and on his message or journey rod in his houshold if then he had a Theyne that him followed who to the Kings expedition fiue hide had and in the Kings Pallac his Lord seru'd and there with his errand had gone to the King he might after ward with his fore Dath his Lords part play at any need And if an Theyn so thriued that he became an Earle then was he right forth an Earle right worthy And if a Merchant so thriued that he passed thrice ouer the wide Sea of his own craft he was thenceforth the Theyns right worthy And if a Scholler so thriued through learning that he had degree and serued Christ he was thenceforth of dignity and peace so much worthy as there to belonged unlesse he torfeited so that he the use of his dignity might be taken from him These ruines of Antiquity make shew of a perpetuity of Nobility even from the beginning of this Iland but times are changed and we in them also For King Edward the Confessor last of the Saxon blood coming out of Normandy bringing in then the title of Baron the Thayne from that time began to grow out of use so at this day men remember not so much as the names of them And in processe of time the name of Baronage began be both in dignity and power so magnificent above the rest as that in the name of the Baronage of England all the Nobility of the Land seem'd to be comprehended As for Dukes they were as it were fetcht from long exile and againe renew'd by K. Edward the third And Marquesses and Vicounts were altogether brought in by K. Richard the second and K. Henry the sixt But our Kings descended of the Norman blood together with the Crown of the Kingdome granted an hereditary and successory perpetuity unto honourable titles such I meane as are the titles of Earldome and Baronies without any difference of Sex at all which thing I thought good to make manifest by the examples of the more ancient times In the reckoningup whereof that I may the better acquit and discharge my selfe I shall in the First place desire the Reader to observe three things First concerning the disposition and inclination of our King in the creating of the Nobility Second of the Custome of transferring of Honours dignities by Families And Thirdly of the force of time and the change and alteration of things For why our Kings who in their Kingdomes beare alone the absolute rule and sway are with us the efficient causes of al Political Nobility The titles of named Nobility by our Custome have this naturall and common together with the Crown it selfe that the Heires Males fayling they devolve unto the Women except in the first Charters it be in expresse words otherwise provided and yet so that regard is alwayes to be had of the time which is every where wont to beare sway in the formality of things In this manner Harold being overcome William the first King and Conquerour having obtained the Soveraignty according to his pleasure bestowed dignities and Honours upon his Companions and others some of them so connext and conjoynd unto the Fees themselves that yet to this day the possessors thereof may seem to be innobled even with the possession of the Places only as our Bishops at this day by reason of the Baronies joynd unto their Bishopricks injoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament he gave and granted to others Dignities and Honours together with the Lands and fees themselves He gave to Hugh Lupus his Kinsman a Norman the Earldome of Chester Ad conquirendum et tenendum sibi Haeredibus adeolibere per gladium sicut ipse Rex tenuit Angliam per Coronam To Hanus Rufus then Earle of Brettaine in France and his Heires the Earledom of Richmond It a libere et honorifice uteundem
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 h●… 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