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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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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
any of the Iustices of England nor that any Iustice hath any aucthoritie in the Parlement except he be assigned to any thing by the King and Péeres of the Parlement And when they be assigned with other Suetors of the Parlement to hear and determin diuers pleaes and peticions to be finished by Parlement yet the twoo Clarks to be immediat subiectꝭ to the King and Parlement in commō vnlesse one of the Iudges or two be assigned to examin and amēd their inrolling And if the péeres of the Parlemēt be assigned to hear examin any speciall petition after they haue broken their matter they shall giue their sentence and Iudgement in the ful Perlement and the two Clarks inrolle the same and all other plaints and iudgements of the Parlement in the principall of the Parlemēt and there to deliuer those rolles to the Treasurer before the Parlement be finished Prouided that the said Clarks shall haue a transumpt or Copy of it if they list and these two Clarks shall haue for their expēces xiij shillings and iiij pence vnlesse they haue any fees or offices by the king and be dayly waitors hauing meat and drink of the Kings cost and then they to haue .vj. shillings and viij pence euery day during the Parlement Of the fiue Clarks ALso the King shall assigne fiue Clarks wise and approbate of whom the first shall attēd the Bishops The second the proctors of the Clergie The third the Earles and Barons The fourth the knights of the Shéeres and the fifth the Citizens and Burgesses And euery of them shall haue ij shillings a day vnlesse they be the Kings seruants and haue sufficient liuing of the King then they to haue but xij pence the day which Clarks shall write all doutes betwéen the King and the Parlement and they to be at their coūcels where so euer they be commaūded And in cace they shal be vacant they shall help the two principall clarks to inrolle their busines Of the causes and douts of the Parlement WHen any breach difficultie of dout or defuse cause of warre or peace dooth appéer within the Realme or without that cace ought to be declared in writing in the ful Parlement there to be treated and disputed among the Péeres of the Parlement and if it be necessary the King shall commaund or in the Kings name it shal be commaunded that euery degrée and the persons of euery degrée of the Parlement shal be present in the parlement and to the Clark of euery degrée in the Parlement the cause breach and dout shall be deliuered and by him at a certain place to be to them deliuered and declared And the vpon they to study imagine and consider how this dout or breach may be prouided for as they in time comming shall make answere for the prseruation of the King them selues and the commons whose persons they doo represent and so in this behalfe they shall make their answere or councel to be written so that euery degrées answere and aduisement heard the whole Parlement to admit and alowe the best and wisest councel and therafter to doo and wheras béen diuers opinions then to incline to the more parte of the Parlement And in cace there be any discorde betwéen the king and any of the estates or betwéen estates wherby the peace of the Realme or the people of the countrie might be disturbed in this cace if the King think it expedient it ought to be commoned of and reformed by the aduise of all the Péeres of the Realme Or in cace the King and Realme béen troubled with warres or a doutful cace be depening before the Chaūceller of England or a defuse iudgement be depending before the Iustices and if in those the Péeres of the degrées of the Parlement cannot agrée then the Earle Steward the Earle Constable and the Earle Marshall or twoo of them shall elect .xxv. persons of euery degrée of the péeres of the Realme that is to say twoo Bishops thrée proctors for the Clergie two Earles thrée Barons fiue knights of the Shéeres fiue Citizens and fiue Burgesses and these .xxv. may condiscend into xij of them selues and these xij into .vj. of them selues and these six may condiscend into thrée but these thrée cannot condiscend into a lesse number without the Kings concent and then those thrée may condiscend into two and the two into one and after his opinion and determination the matter shal be ordered vnlesse the King wil discent as he may and then may he and his councel examin and amend the ordination so it be vnwritten and doon out of the Parlement house without their concents Of matters of the Parlement THe matters whereof the Parlement is holden or kept ought to be deliuered into the Parlement and to be called vpon in manner of a kalender according to euery mannes petition and no respect to be had to any mannes person but that he who layeth first his bil in shal be first heard In the Kalender of the Parlement euery matter ought to be had in memory vnder this manner and forme First of warres if their be any of matters concerning the King and Quéenes person and of their Children Secondly of matters concerning the common weale and to ordain new lawes debarring th' olde lawes made in times past whose execution haue béen preiudiciall Thirdly the matters concerning the priuat weale and these to be examined according to the file and Kalender as is before writen The dayes and houres of the Parlement THe Parlement shal be holden euery day Sundaies Allhallon day all soules day the natiuitie of Saint Iohn the Baptist excepted And euery feriall day it should begin at mid prime time and that houre the king is bound to be in the Parlement and all the péeres of the Realme On the holy daies the parlement shall begin at the prime because of the diuine seruice should be first heard The degrees of the Parlement THe King is head and chéef at the beginning and at th' end of the parlement and to him no comparison is to be made and so the King is one degrée by him self The second is of Archebishops Abbots and Priors holding by Baronyes The third is of the Proctors of the Clergie The fourth of Earles Barons and other estates and gentles holding to the value of an Earledome or Baronye as is before written The fift of Knights of the Shéeres The sixt of Citizens and Burgesses and so the Parlement is of six degrées And it is to be noted that if any of the said degrees be absent after their first lawful monicions or summons the Parlement is not of sufficient effect The forme of the Parlement SIth it is showed vnder what forme euery man ought to be monished and how long time the monitions should be and what they be that should come vnto it it is to be knowen who they be that ought to be monished to come to the Parlement by reason of their offices And also
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