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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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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. C●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 ●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
disturbed in the Courts of Justice by ill customs undue execution of the Lawes oppression c. From this high Court lies no appeale the determination there of being presumed to be the act of every particular Subject who is either present personally or consenting by his Assignee suffraged by himselfe This honourable Assembly consists of two houses Vpper and Lower The upper is made up by the Lords Spirituall and Temporall as Archbishops Bishops Dukes Marquesses Earles Viscounts Barons no member of that house being under the degree of a Baron all which await the writ of Summons without which no place no vote there and none may absent themselves after Summons without speciall proxy from his Majesty whence he hath power to depute one of the said members to give his voyce for him in absence His Majesty who by his Prerogative Royall hath the Sole power as of calling so dissolving his honourable Assembly sits in a Throne in the upper end of the hous on his right hand the Prince of Wales on the left the Duke of York The greatest officers of the Kingdom as the Lord-keeper who is the Speaker or mouth of the House Treasurer Privy Seale c. have places some on the right some on the left hand of the Throne the forme where of is recited in the Statute of 31 Henry the 8. The manner of giving voyces in the upper house is thus The Lords Spirituall and Temporall in their Parliamentary Robes they youngest Bishop reades prayers those being ended the Clarke of the House readeth the Bills being first writ in paper which being once read he that pleaseth may speak either for or against it The manner of the Lower house is in this sort The first day each member is called by his name every one answering for what place hee serveth that done they are willed to choose their Speaker who though nominated by the Kings Majesty is to be a member of that house their election being made he is presented by them to the King sitting in Parliament where after his Oration or Speech the Lord keeper approving in behalfe of the King hee Petitions his Majestie in behalfe of the House First for their priveledges from all molestations during the the time of sitting Secondly that they may enjoy freedom of speech Thirdly that they may have power to correct any of their owne members that are offenders Fourthly to have favorable accesse to his Maiestie upon all occasions The Speaker in behalfe of the House of Commons promising regard full respect as befitting loyall and dutifull Subjects The use of the Parliament Consists in abrogating ould or making new Lawes reforming all grievances in the Common wealth whether in Religion or intemporal affairs setling succession to the Crowne grants Subsidies c. and in Sum may be called the great Physitian of the Kingdom or Republique The Speakers place in the House of Commons The Speaker sits in a Chaire placed somewhat high to be seene and heard the better of all the Clarkes of the House sits before him in a lower seat who reades such Bills as are first propounded in their House or sent downe from the Lords for in that point each House hath equall authority to propound what they think meet All Bills be thrice in three severall daies read and disputed on before put to question and so good order is used in the House that he that intends to speake to any Bill stands up bare-headed for no more hen one speakes at a time speaking to the Speaker not one to another being against the rule of the House and he that speaketh is to speake no more that day to the Bill he hath spoken to to avoyd spinning needlesly out of time and their speeches must be free from Taunts of their felow members that are of cōtrary opinions The Speakers Office is when a Bill is read as briefly as he may to declare the effect thereof to the House and to Bills first agreed on by the Lords and sent to the Commons for assent if they doe assent then are they returned subscribed thus Les Communs ont assentus So likewise if the Lords agree to what is sent to them from the House of Commons they subscribe Les Seigneurs ont assentus If the two Houses cannot agree every Bill being therice read in each House then sometimes the Lords sometimes the Commons require a meeting of some of each House whereby information may be had of each others mind for the preservation of a good correspondency betweene them after which meeting for the most part though not always either part agrees to the Bill in question The assent or dissent of the upper House is each man severally by himselfe and then for so many as he hath by proxy they saying onely content or not content and by the Major part it is agreed to or dashed But in the Lower House no member can give his voyce to another by Proxy the Major part being present onely maketh the assent or dissent After a Bill is twice read there and engrossed being disputed on enough as conceived the Speaker asketh if they will goe to question and if agreed to holding the Bill up in his band sayeth As many as will have this Bill passe concerning such a matter say yea and those that against it no and if it be a doubt which cry is bigger the House is divided the one part that agrees not to the Bill being bid to sit still those that do to goe downe with the Bill so plurality of voyces allowes or dashes But no Bill is an Act of Parliament Ordinance or Edict of Law though both the Houses unanimously agree in it till it hath the Royall Assent Touching the Royall Assent When Bills are passed by both the Houses they ought to have for approbation the Royal Assent which usually is deferred till the last day of the Sessions but may be given at any time during the Parliament touching which it hath been a question much debated whether the Royal Assent given to any one Bill doth not ipso facto conclude that present Session the question is of great consequence for if thereby the Session be at an end then ought every other Bill although passed both the Houses to be read againe three times in either House and to have the same proceeding as it had at first as if nothing had been formerly done therein so must it be done of all other Acts of the House But the first Session of the first Parliament of King Iames the House being then desirous to have a Bill passed forthwith by the Royall Assent which should be security to the Warden of the Fleet touching the delivery of Sir Thomas Sherly out of execution for it was then questionable whether he was subject to an action of escape did agree that the giving of the Royall assent to one Bill or moe did not dissolve the Sessions without some speciall declaration of his Majesties pleasure to that purpose 18. Aprill 1604. And likewise in the Journall Anno. 1 2. phil. Mariae 21 Novem. that the King and Queene came on purpose into the Parliament House to give their Assent to Cardinall Pooles Bill and upon question made it was then resolv'd by the whole House that the Session was not thereby concluded but that they might proceed in their busines notwithstanding the Royall Assent given At the giving of the Royall assent it is not requisit the King should be present in person for by the expresse word of the Statute of 33 Henry the 8 Cap. 21. that the Kings Royall assent by his Letters Patents under his great Seale signed by his hand and declared and in notified in his absence to the Lords Spirituall and Temporall and to the Commons assembled in Parliament is and ever was of as good strength and force as if the King had been there in person personally present and had assented openly and publikely to the same according to which Statnte the Royall assent was given by Commission Anno 38. H. 8. unto the Bill for the attainder for the Duke of Norfolk The manner of giving the Royal assent The Royall assent is given in this sort after some solemnities ended the Clark of the Crowne readeth the Titles of the Bills in such order as they are in consequence as the Title of every Bill is read the Clearke of the Parliament pronounceth the Royall assent according to his instructions given him by his Majesty in that behalfe if it be a publike Bill to which the King assenteth hee answereth Le Roy Le voet If a private Bill be allowed by the King the answere is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se amsera To the Subsidie Bill Le Roy remercie ses Loyaulx Subjects accept benevolence et ausi le voult To the generall Pardon Les Prelates Seigneurs et Commonsen cest present Parliament assemblies en nom de touts voue autres subiects remercient tres humblement vestre Maiestie et preut dieu vous donere eu suite bene vie et longe FINIS Per Comitatum et Baron summoneri debent Minores ●…erisi non summoneri debent sed si eorum presenia necessariafuerit Rexsolibat talibus brevia suamittere re●ans quod Parliomosuo inseressens Summoneri debentomnes et singuli comiter Barones et eor pares Qui tenent ad valentunius Comitat vel Baron. integra Minores laici summoneri non debent DEcasibus et Iudicus difficilibus Cum dubltat et difficilis Casus pacis vel guerne emergat c.
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
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