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A12533 De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.; Common-wealth of England Smith, Thomas, Sir, 1513-1577. 1583 (1583) STC 22857; ESTC S117628 79,409 124

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that they might doe it All which he promiseth in the commons names that they shall not abuse but haue such regarde as most faithfull true and louing subiectes ought to haue to their prince The Chauncelor answereth in the princes name as apperteyneth And this is all that is doone for one day sometime two Besides the Chauncelor there is one in the vpper house who is called Clarke of the Parliament who readeth the bils For all that commeth in consultation either in the vpper house or in the neather house is put in writing first in paper which being once read he that will riseth vp and speaketh with it or against it and so one after another so long as they shall thinke good That doone they goe to an other and so another bill After it hath bin once or twise read and doth appeare that it is somewhat like as reasonable with such amendment in wordes and peraduenture some sentēces as by disputatiō seemeth to be amended In the vpper house the Chauncelor asketh if they will haue it engrossed that is to say put into parchment which doone and read the third time and that eftsoones if any be disposed to obiect disputed againe amōg them the Chauncelor asketh if they will goe to the question and if they agree to goe to the question then he sayth here is such a lawe or act concerning such a matter which hath béene thrise read here in this house are ye content that it be enacted or no If the not contentes be moe then the bill is dashed that is to say the lawe is annihilated and goeth no further If the contentes be the more then the Clarke writeth vnderneath Soit baille aux commons And so when they see time they send such bils as they haue approued by two or three of those which doe sit on the woolsacks to the commons who asking licence and comming into the house with due reuerence sayth to the speaker Master speaker my Lordes of the vpper house haue passed among them and thinke good that there should be enacted by Parliament such an act and such an act and so readeth the titles of that act or actes They pray you to consider of them and shew them your aduise which doone they goe their way They being gone and the doore againe shut the speaker rehearseth to the house what they sayde And if they be not busie disputing at that time in an other bill he asketh them streightwaie if they will haue that bill or if there be mo one of them In like maner in the lower house the speaker sitting in a seate or chaire for that purpose somewhat higher that he may see and be seene of them all hath before him in a lower seate his Clarke who readeth such bils as he first propounded in the lower house or be sent down from the Lords For in that point ech house hath equal authoritie to propounde what they thinke meete either for thabrogating of some law made before or for making of a newe All bils be thrise in three diuerse dayes read and disputed vpon before they come to the question In the disputing is a meruelous good order vsed in the lower house He that standeth vppe beareheadded is vnderstranded that he will speake to the bill If moe stande vppe who that first is iudged to arise is first harde though the one do prayle the law the other diswade it yet there is no altercation For euerie man speaketh as to the speaker not as one to an other for that is against the order of the house It is also taken against the order to name him whom ye doe confute but by circumlocution as he that speaketh with the bill or he that spake against the bill and gaue this and this reason And so with perpetuall Oration not with altercation he goeth through till he do make an end He that once hath spoken in a bill though he be confuted straight that day may not replie no though he would chaunge his opinion So that to one bill in one day one may not in that house speake twise for else one or two with altercation woulde spende all the time The next day he may but then also but once No reuiling or nipping wordes must be vsed For then all the house will crie it is against the order and if any speake vnreuerently or seditiouslie against the Prince or the priuie counsell I haue séene them not onely interrupted but it hath béene moued after to the house and they haue sent them to the tower So that in such a multitude and in such diuersitie of mindes and opinions there is the greatest modestie and temperance of spéech that can be vsed Neuerthelesse with much doulce and gentle termes they make their reasons as violent and as vehement the one against the other as they may ordinarily except it bee for vrgent causes hasting of time At the afternoone they kéepe no parliament The speaker hath no voice in the house nor they will not suffer him to speake in any bill to moue or diswade it But when any bill is read the speakers office is as brieflie and as plainely as he may to declare the effect thereof to the house If the commons doe assent to such billes as be sent to them first agréed vpon from the Lords thus subscribed Les commons out assentus so if the Lordes doe agrée to such billes as be first agréed vppon by the Commons they sende them downe to the speaker thus subscribed Les Seigneurs out assentus If they cannot agrée the two houses for euerie bill from whence soeuer it doth come is thrise reade in each of the houses if it be vnderstoode that there is any sticking sometimes the Lordes to the Commons somtime the Commons to the Lords doe require that a certaine of each house may méete together and so ech part to be enformed of others meaning and this is alwaies graunted After which méeting for the most part not alwaies either parte agrées to others billes In the vpper house they giue their assent dissent ech man seuerallie by himselfe first for himselfe and then for so manie as he hath proxie Whē y e Chaunceler hath demanded of them whether they will goe to the question after the bill hath béene thrise reade they saying only content or not content without further reasoning or replying and as the more number doeth agrée so it is agréed on or dashed In the neather house none of them that is elected either Knight or Burges can giue his voice to an other nor his consent nor dissent by proxie The more parts of them that be present onely maketh the consent or dissent After the bill hath béene twise reade and then engrossed and eftsoones reade and disputed on ynough as is thought the speaker asketh if they will goe to the question And if they agrée be holdeth the bill vp in his hande and sayeth as many as will haue this bill goe forwarde which is
to giue life and the last and highest commaundement the Baronie for the nobilitie and higher the knightes esquiers gentlemen and commons for the lower part of the common wealth the bishoppes for the clergie bee present to aduertise consult and shew what is good and necessarie for the common wealth and to consult together and vpon mature deliberation euerie bill or lawe being thrise reade and disputed vppon in either house the other two partes first each a part and after the Prince himselfe in presence of both the parties doeth consent vnto and alloweth That is the Princes and whole realmes déede whereupon iustlie no man can complaine but must accommodate himselfe to finde it good and obey it That which is doone by this consent is called firme stable and sanctum and is taken for lawe The Parliament abrogateth olde lawes maketh newe giueth orders for thinges past and for thinges héereafter to be followed changeth rightes and possessions of priuate men legittimateth bastards establisheth formes of religion altereth weightes and measures giueth formes of succession to the crowne defineth of doubtfull rightes whereof is no lawe alreadie mads appointeth subsidies tailes taxes and impositions giueth most frée pardons and absolutions restoreth in bloud and name as the highest court condemneth or absolueth them whom the Prince will put to that triall And to be short all that euer the people of Rome might do either in Centuriatis comitijs or tributis the same may be doone by the parliament of Englande which representeth hath the power of the whole realme both the head and the bodie For euerie Englishman is entended to bee there present either in person or by procuration and attornies of what preheminence state dignitie or qualitie soeuer he be from the Prince be he King or Quéene to the lowest person of Englande And the consent of the Parliament is taken to be euerie mans consent The forme of holding the parliament CHAP. 2. THe Prince sendeth forth his rescripts or writtes to euery duke marques baron and euery other Lorde temporall or spirituall who hath voice in the parliament to be at his great counsell of Parliament such a day the space from the date of the writ is commonly at the least fortie dayes he sendeth also writtes to the Sherifes of euery shyre to admonish the whole shire to choose two knightes of the parliament in the name of the shyre to heare and reason and to giue their aduise and consent in the name of the shyre and to be present at that day likewise to euery citie and towne which of ancientie hath bin wont to finde burgesses of the parliament so to make election that they might be present there at the first day of the parliament The knightes of the shyre be chosen by all the gentlemen and yeomen of the shyre present at the day assigned for the election the voice of any absent can be counted for none Yeomen I call here as before that may dispende at the least xl s. of yearely rent of free lande of his owne These meeting at one day the two who haue the more of their voices be chosen knightes of the shire for that parliament likewise by the pluralitie of the voyces of the citizens and burgesses be the burgesses elected The first day of the parliament the Prince and all the Lordes in their robes of parliament do meete in the higher house where after prayers made they that be present are written and they that be absent vpon sicknes or some other reasonable cause which the prince will allowe do constitute vnder their hande and seale some one of those who be present as their procurer or atturney to giue voice for them so that by presence or atturney proxey they be all there all the princes and barrons all archbishops and bishops and when abbots were so many abbots as had voice in parliament The place where the assembly is is richly tapessed and hanged a princely and royal throne as appertaineth to a king set in the middest of the higher place thereof Next vnder the prince sitteth the Chancellor who is the voyce and orator of the prince On the one side of that house or chamber sitteth the archbishops and bishops ech in his ranke on the other side the dukes and barons In the middest thereof vppon woolsackes sitteth the Iudges of the realme the master of the roules and the secretaries of estate But these that sit on the woolsacks haue no voice in the house but onely sit there to aunswere their knowledge in the law when they be asked if any doubt arise among the Lordes The secretaries to aunswere of such letters or thinges passed in counsell whereof they haue the custodie and knowledge and this is called the vpper house whose consent and dissent is giuen by ech man seuerally and by himselfe first for himselfe and then seuerally for so many as he hath letters and proxies when it commeth to the question saying onely content or not content without further reasoning or replying In this meane time the knights of the shires and burgesses of the parliament for so they are called that haue voice in parliamēt and are chosen as I haue said before to the number betwixt iii C. and iiii C. are called by such as it pleaseth the prince to appoint into another great house or chamber by name to which they aunswere and declaring for what shyre or towne they aunswere then they are willed to choose an able discreete man to be as it were the mouth of them all to speake for and in the name of them and to present him so chosen by them to the prince which done they comming al with him to a barre which is at the nether ende of the vpper house there he first praiseth the prince then maketh his excuse of vnabilitie and prayeth the prince that he would command the commons to choose another The chancellor in the princes name doth so much declare him able as he did declare himselfe vnable and thanketh the commons for choosing so wise discreete and eloquent a man and willeth them to go and consult of lawes for the cōmon wealth Then the speaker maketh certaine requests to the prince in the name of the commons first that his maiestie would be contēt that they may vse and enioy all their liberties and priuiledges that the common house was wont to enioy Secondly that they might franckely and freely saye their mindes in disputing of such matters as may come in question and that without offence to his Maiestie Thirdly that if any should chaunce of that lower house to offend or not to do or say as should become him or if any should offend any of them being called to that his highnes court That they thēselues might according to the ancient custome haue the punishment of them And fourthly that if there came any doubt whereupon they shal desire to haue thaduise or conference with his Maiestie or with any of the Lordes