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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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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
side and if any shall object against me in this point unto him I will oppose either the force of time or the carelesnesse and lack of looking unto But customes are still like themselves nor must we detract from the authority of Kings who although they have such supereminent and undeterminate prerogative as that they may seeme sometimes to have of favour granted some things beside the Law yet it shall nor appeare them requested to have done or yet suffered to have been done any thing contrary to the custom of Stocks and Families so sometimes they not regarding the solemnities of Ceremonies and Charters have onely by their becks that I may so say suffered dignities and honours to be tranferred as in Ranulph Blundevill Earle of Chester and of Lincolne to be seene for the Earldome of chester he permitted after the manner to disceud to Iohn the Scot his Nephew by Maude the elder of his Sisters But the Earledome of Lincolne the King thereunto consenting he yet alive delivered unto Hawisia another of his Sisters then married to Robert Quincy by his Deede in the 7th yeare of Henry the third These things I say were of old and ancient time but at this day not so for such is the force of time and change in altering the formes of things as that in eating out of the old bringeth still in new so unto Earles whom we said in ancient time to have been rewarded with the third penny of the province whereof they were Earles to maintaine their honour and dignity a certaine some of money is at this day yearely paid them out of the Exchequer and they the titles of such places as wherein they have no jurisdiction administration or profit at all Barons also who as the Fathers and Senators in ancient times among the Romans were chosen by their Sestercia were in like manner wont to be esteemed and valued by Knights fees for why he which had and possessed thirteene Knights fees and a little more was to be accounted among the Barons are now more seldom times chosen for their vertue their great wealth and large possessions Neither is there any let but that a man may hould and still retaine the name and title of a Barony the head of which Barony as they terme it he hath afterward sould or alienated to some other common person In briefe our Kings Royall Majesty is alwaies like it selfe constant and the same which having regard to the vertue stock wealth and substance of any man whereby he may with his counsells service profit the Common-wealth may in every place freelie give and bestow dignities and honours somtimes chusing no more Barons then one out of one and the same Family The custome of the succession of the former and more ancient Baron being stil kept whole not in any hurt as wee see Edward the sixt wisely to have done in the family of the Willobies of Ersby brought forth also another Barony of Parham wherefore we acknowledge our Kings to be the fountaines of Politicall Nobilitie and unto whom we may with thanks refer all the degrees of honours and dignities wherefore I may not without cause seeme to rejoyce on the behalfe of our Nobilitie of great Brittaine which hath had alwaies Kings themselves Authors Patrons Governors and Defenders thereof that when Lands Fees and Possessions subjects to Covenants or agreements are still tossed and turmoyl'd with the stormes of the judiciall Courts and of the Common Law it is onely unto the Kings themselves beholding and resteth upon Heroicall orders and institutions proper and familiar unto it selfe so that Per Titulos numerentur avi semper que renat Nobilitate virent et prolem fata sequantur Continuum propriâ servantia lege tenorem By Titles great-mens Ancestors are known the posterity of whom injoy the same to their flourishing and everlasting fame William the Conqueror after the death of Herold having confin'd the Kingdom to himselfe laid these foundations of ancient and worthy Nobility which afterwards by his successours according to the divers occurrants and occasions by little and little became at length in the raigne of King Henry the third and Edward the first to appeare a Godly and stately building who having vanquished the Welsh-men and contending with the Scots bordering upon them for Principality and Soveraignety entreating of all things concerning the Common-weale with the three States of the Kingdome with consisteth of the Nobilitie the Cleargie and Communaltie they themselves in their Royall majesty sitting in Parliaments appointed unto every man a preheminence according to the place of his dignity from whom especially all the Nobility of our age may seeme to deriue the diverse and appointed degrees of dignities and honours Now to abreviate much that might be writ in the continuance of this discourse I shall desire to straighten my purpose to some handsome conclusion by the observation of the degrees and sitting of our English Nobility in the Parliament Chamber out of the Statute of the 31. of K. Henry the 8. who of his Princely wisdome with the full assent of the whole Parliament caused a perticular Act to be made for the placing of the Nobility in the upper house of Parliament the effect whereof I have here recited That forasmuch as in all great Assemblies and Congregations of men having degrees and offices in the Common-wealth it was thought fit and convenient that order should be taken for the placing and sitting of such persons as are bound to resort to the same to the intent that they knowing their places might use the same without displeasure the places of wch great offices deserve respect and admiration and though meerly officiarie and depending on life and the Kings gracious election without any hereditary title or perfection yet are they of such high dignity that all hereditary honour whatsoever under the degree of Royalty may at all times without disparagement give them place and precedencie The placing of these most Noble and great Officers both in the Parliament house and other Assemblies is after this worthy and distinct order That is to say the Lord Chancellor or L. Keeper the L. Treasurer the L. President of the Kings Privie Councell and the L. Privy Seale being of the degree of Barons of the Parliament or above to sit on the highest part of the form on the left side in the Parliament Chamber above al Dukes except those wch are the Kings Sons the Kings Brothers his Uncles his Nephews or his Brothers or Sisters Sonnes but if any of these foure great Officers aforesaid shal be under the degree of a Baron then he or they to sit on the uppermost part of the Sackes in the middest of the Parliament Chamber in such order as is aforeshewed As touching the other it was enacted that the I. great Chamberlaine the L. Constable the L. Marshall the L. Admirall the L. Steward and the L. Chamberlaine of the Kings houshold shall be placed next to the L. Privie
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
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