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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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must be kept vntil the end of the Parlement If any Bil be denyed impugned and cléere ouerthrowne the 〈…〉 more to be thencefoorth receiued If 〈…〉 be put to question and it be doutful whether side is the greater and giueth moste voices then he must cause the house to be deuided and then iudge of the Bil according to the greater number If any Bill be imperfect or requireth to be amended hée must choose a certain number of that house as he shall think good and to them commit that Bil to be reformed and amended If any Bil or message be tobe sent to the lower house it is his office to make choice of two of the Kings learned councel there béeing to be the messengers therof If any Bil or message be sent from the lower house hée must come from his place to the bar there receiue the same and béeing returned to his place and euery Straunger or messenger departed he must disclose the same to the Lords Item if any disorder be committed or doon in the house by any Lord or other person he ought with the aduise of the Lords to reforme the same but if it be emong the Lords and they wil not be reformed then he must foorth with aduertise the King. Item he ought at the beginning of the Parlement to call by name all the Lords of the Parlement and likewise at other times as he séeth occasion whose defaults ought to be recorded and they to pay their fines vnlesse they be dispenced with all by speciall licence from the King or haue some iust and resonable cause of absence Item he must sée and cause the Clarks to make true entries and true recordes of all things doon there and to sée that the Clarks doo giue and deliuer the copyes of all such Billes there red to such as demaund for the same Item he shall kéep the secrets and cause and commaund euery man of eche degrée in that house to doo the like Also he ought not to go any where but the gentleman Sergeant ought to attend vpon him going before him with his Mace vnlesse he be Lord Chaunceller for then he hath a Sergeant of his owne His alowance that he hath is at the Kings charges Also for euery priuate Bil that passeth and is enacted his hath x. pound for his parte Of the Chaunceller of the higher house THe Chaunceller is the principall Clark of the higher house and his charge is safely to kéep the recordes of the Parlement and the Arts whiche be past All suche Statutes as be enacted hée must send to the Kings seuerall Courts of recordes to be enrolled as namely the Chauncery the kings Bench the common place and the Eschequer All suche Acts as are to be imprinted he must send to the Printer All such priuate Acts as are not imprinted if any man wil haue the same exemplified he must transmit the same to the Lord Chaunceller to be ingrossed and sealed and for the same he to take the fées appointed and accustomed He hath for his alowance an ordinary fée for terme of life of the King. Of the Clarks of the Parlement THere be two Clarks the one named the Clark of the Parlement and the other named the Clark of the Crown The Clark of the Parlement his office is to sit before the Lord Speaker and to read such Billes presented as hée shal be commaunded He must kéep true records and true entries of all things there doon and to be entred If any require a coppy of any bil there he ought to giue the same receiuing the ordinary fées If any Bil after his ordinary readingꝭ be to be ingrossed he must doo it The councel of the house he may not disclose At the end of the Parlement he must deliuer vp vnto the Chaunceller all the Acts and records of that house sauing he may kéep a transumpt and a coppy therof to him self He hath his alowance of the King. Also for euery priuate Bil whiche is enacted he hath thrée pound Also for euery Bil wherof he giueth a coppy he hath for euery ten lines a peny according to the custome THe Clark of the Crown his office is to supply the place and the rowme of the Clark of the Parlement in his absence and hath in all things the like charges and profits as the Clark ought to haue He must giue his attendaunce to the higher house from time to time and doo what shal be inioyned him All suche Acts as be not imprinted if any man will haue them exemplified vnder the brode Seale he must exemplifie them and haue for the same his ordinary fées These two Clarks at the end of the Parlement ought to be present in the house and within the lower bar at a boord before them their faces towards the King and there the one must read the billes which are past bothe houses and the other must read the concent or disagreement of the King. Of the Sergeants or porters of the higher house THere is but one Sergeant whiche hath the charge of kéeping of the doores for though there be diuers doores yet the kéepers therof are at his assignement He ought to sée the house be cléene and kept swéet He ought not to suffer any manner of person to be within she house so long as the Lords be there sitting other then such as be of the learned councel and of that house and except also such as come in message from the lower house with Billes or otherwise and except also such as be sent for and be admitted to haue any thing there to doo Also he must attend and go alwaies with his Mace before the Speaker vnlesse he be Lord Chaunceller or kéeper of the great Seale for then he hath a Sergeant of his owne He ought to kéep safely such prisoners as be commaunded to his warde and to fetch or sēd for such as he shal be commaunded to fetch This Porter or Sergeant hath besides his ordinary fée a standing allowance for euery day of the Parlement Also he hath for euery priuate Bil which is enacted xl s. Also he hath for euery prisoner committed to his warde a certain alowance for his fées Also he hath of euery Baron or Lord of that house a certain rewarde Of the lower house THe lower house as is said is a place distinct from the others it is more of length then of breadth it is made like a Theater hauing foure rowes of seates one abooue an other roūd about the same At the higher end in the midle of the lower rowe is a seat made for the Speaker in which he alwaies sitteth before it is a table boord at which sitteth the Clark of the house and there vpon layeth his Books and writeth his recordes Vpon the lower rowe on bothe sides the Speaker sit such personages as be of the kings priuy councel or of his chéef Officers but as for any other none claimeth nor can claime any place but sitteth as
he cōmeth sauing that on the right hand of the Speaker next beneath the said Councelles the Londoners and the Citizens of York doo sit and so in order should sit all the Citizens accordingly Without this house is one other in which the vnder Clarkꝭ doo sit as also such as be Suters and attendāt to that house and when so euer the house is deuided vpon any Bil then the rowme is voided and the one parte of the house commeth down into this to be numbred The office of the Speaker of the lower house THe chéef or principall Officer of this house is the Speaker and is chosen by the whole house or the more parte of them he himself béeing one of the same number and a man for grauitie wisdome experience and learning chosen to supplye that Office during the time of the Parlement and is to be presented to the King the third day folowing His Office is to direct and guide that house in good order and to sée the ordinaunces vsages and customs of the same to be firmely kept and obserued When he is presented vnto the King sitting in his estate royall in the Parlement house for the purpose he must then and there make his oration in commendation of the Lawes and of the Parlement whiche doon then he hath in the name of the house of the commons to make to the King thrée requests First that it may please his maiestie to graunt that the commons assembled in the Parlement may haue and inioy the ancient priuiledges customes and liberties as in times past haue appertayned and béen vsed in that house Then that euery one of the house may haue libertie of spéech and fréely to vtter speake and declare his minde and oppinion to any Bil or question to be proponed Also that euery Knight Citizen and Burgesse and their seruants may haue frée comming and going to and from the said Parlement as also during the time of Parlement and that they nor any of their Seruants nor retinewe to be arested molested sued imprisoned or troubled by any person or persons And lastly that if he or any other of that company béeing sent or come to him of any message and doo mistake him self in dooing therof that his Maiestie wil not take the aduantage therof but gratiously pardon the same He must haue good regarde and sée that the Clark doo enter and make true records and safely to kéep the same and all such Billes as be deliuered into that house He must on the first and third day and whensoeuer he els wil call the house by name and record their defaults All billes to be brought and to be presented into that house he must receiue and deliuer to the Clark. He ought to cause and command the Clark to read the Billes brought in plainly and sensibly which doon he must bréefly resite and repete th' effect and meaning therof Of the Billes brought in he hath choice which and when they shal be red vnlesse order by the whole house be taken in that behalf Euery Bil must haue thrée readings and after the second reading he must cause the Clark to ingrose the same vnlesse the samr be reiected and dashed If any Bil or message be sent from the Lords he ought to cause the messengers to bring the same vnto him and he to receiue the same openly and they béeing departed and gone he ought to disclose and open the same to the house If when a Bil is red diuers doo rise at one instant to speak to the same and it cannot be discerned who rose first then shall he appoint who shall speak neuerthelesse euery one shall haue his course to speak if he list If any speak to a Bil and be out of the matter he shall put him in remembrance and wil him to come to the matter If any Bil be red thrée times and euery man haue spoken his minde then shall he aske the house whether the Bil shall passe or not saying thus as many as wil haue this Bil passe in maner and forme as hath béen red say yea then the affirmatiue parte say yea as many as wil not haue this Bil passe in maner and forme as haue béen red say no. If vpon this question the whole house or the more parte doo affirme and alowe the Bil then the same is to be sent to the higher house to the Lords But if the whole house or the more parte doo denye the Bil then the same is dashed out and to be reiected but if it be doutful vpon giuing of voices whether side is the greater thē must a deuision be made of the house and the affirmatiue parte must arise departe into the vtter rowme which by the Sergeant is voided before hand of all persons that were there and then the Speaker must assigne two or foure to number them first which sit within then the other which be without as they doo come in one by one and as vpon the triall the Bil shal be alowed or disalowed by the greater uumber so to be accepted as is before said If vpon this triall the number of either side be like then the Speaker shall giue his voice and that onely in this point for other wise he hath no voice Also if any of the house doo misbehaue him self and breke the order of the house he hath to reforme correct and punish him but yet with the aduise of the house If any forrain person doo enter into that house the assembly therof béeing sitting or doo by arresting any one persō thereof or by any other meanes breke the liberties and priueledges of that house he ought to sée him to be be punished Also during the time of the Parlement he ought to sequester him self from dealing or intermedling in any publique or priuate affaires and dedicate and bēd him self wholly to serue his office and function Also he ought not to resorte to any noble man counceller or other person to deal in any of the Parlement matters but must and ought to haue with him a compitent number of some of that house who may be witnesses of his dooings Also during the time of Parlement he ought to haue the Sergeant of Armes with his mace to go before him Also he hath the libertie to send any offender either to Sergeants warde or to the Tower or to any other prison at his choice according to the qualitie and quantitie of the offence He hath allowance for his diet one hundred pounds of the King for euery Sessions of Parlement Also he hath for euery priuate Bil passed bothe houses and enacted fiue pounds At th' end and on the last day of the Parlement he maketh his oration before the King in moste humble maner declaring the dutiful seruice and obedience of the Commons then assembled to his Maiestie as also moste humblye praying his pardon if any thing haue béen doon amisse Of the Clark of the lower house THere is onely one Clark belonging to
this house his office is to sit next before the Speaker at a Table vpon which he writeth and layeth his books He must make true entrie of the recordes and Billes of the house as also of all the orders therof The Billes appointed vnto him by the Speaker to be red hée must read openly plainly and sensibly The Billes which are to be ingrossed he must doo it If any of the house aske the sight of any Bil there or of the book of the orders of the house he hath to deliuer the same vnto him If any desire to haue the copy of any Bil he ought to giue it him receiuing for his paines after ten lines a peny He may not be absent at any time of sitting without speciall licence He ought to haue for euery priuate Bil passed and enacted forty shillings He hath allowed vnto him for his charges of the King for euery Sessions ten pound Of the Sergeant or porter of the lower house THe Sergeant of this house is commonly one of the Kings Sergeants at Armes and is appointed to this office by the king His office is to kéep the doores of the house and for the same he hath others vnder him for he him self kéepeth the door of the inner house wher the commons sit and séeth the same to be clene Also he may not suffer any to enter into this house during the time of the sitting there vnlesse he be one of the house or be sent from the King or the Lords or otherwise licenced to come in If any such person doo come he ought to bring him in going before him with his Mace vpon his shoulder If any be commited to his warde he ought to take charge of him and to kéep him in safetie vntil he be required for him If he be sent for any person or to go in any message hée must leaue a substitute behinde him to doo his Office in his absence He must alwaies attend the Speaker and go before him carying his mare vpon his shoulder His allowance during the time of the Parlement is xij d. the day of the Kings charges Also he hath of euery Knight and Citizen ij shillings and vj. pence and of euery Burgesse ij shillings If any be commaunded to his warde he hath of euery such Prisoner by the day .vj. shillings and .viij. pence If any priuate Bil doo passe and be enacted he hath for euery such Bil .xx. shillings Of the Conuocacion house THe conuocation house is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie And this their house is called the higher Conuocation house the other béeing named the lower Conuocation house Bothe these houses haue their seuerall Officers orders and vsages eche Officer hath his peculier charge and function as also certain allowances euen as is vsed in the Parlement houses of the Lords and commons The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before thē either of their owne motions or from the higher Court of Parlement or from the lower house of Conuocation or from any priuate person Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée which degrées are knowen by such degrées and offices in the Church as to euery of them is assigned for one hath the personage of a Preest an other of a Deacon this is a Subdeacō he is a Sex ten and so foorth as such officers were wunt to be in the Church The Bishops doo not sit at the fore noon but onely at the after noon because they béeing Barons of the higher house of parlement doo resorte and assemble them selues there at the forenoones with the Temporall Lords The Conuocacion house of the rest of the Clergie doo obserue in a maner the like orders as the lower house of the commons doo vse for béeing assembled togither on the first day with the Bishops are by them willed to make choice of a Speaker for them whome they call the Proloquutor when they haue chosen him they doo present him vnto the Bishops and he thus presented maketh his oration and dooth all things as the Speaker of the lower house for the Commons dooth as wel for the ordering of the Clergie and of the house for his order in sitting the order in speaking the order of recording the things doon emong them and all other such like things And this is to be vnderstanded that the whole Clergie can deale and intreat but onely of matters of Religion and orders of the Church whiche their dooings conclusions cannot binde the whole Realme vnlesse they be confirmed by Act of Parlement but yet sufficient to binde the whole Clergie to the kéeping therof so that the King who is the supreme gouernour of bothe estates doo consent and confirme the same And forasmuch as by knowing the orders of the Parlement house you may also knowe the orders of bothe the Conuocation houses which are like and correspondent to y others These shall suffise for this matter Of extraordinary persons which ought to be summoned to the Parlement BEsides the personages of the former degrées which ought to be summoned to the parlement the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house namely the two chéef Iustices and their associates of the Kings bench and the common places the Barons of the Eschequer the Sergeants the Attorney the Soliciter the Maister of the Rolles and his fellowes of the Chauncerye The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes Also if any Bil be conceiued and made disorderly they ought to amend and reforme the same vpon order and commaundemet to them giuen Also they must attend to come and go at the commaundement of the King and Parlement Also they may not speak nor giue aduise but when they be asked and put to question Also they haue no voice in Parlement because they are commonly councellers to the same They are all retained at the Kings charges Likewise all officers of the Parlement are to be summoned as namely the Chaunceller of the Parlement the Clarks the Sergeants the Porters and such others who likewise are retained at the Kings costs Of their offices and charges it is alredy perticulerly declared Of the dayes and houres to sit in Parlement ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes as namely the feasts of All hallown day Christmas Easter Whitsontide and Saint Iohn the Baptistꝭ day also such other dayes as the Parlement
to choose such for Knights as be girded with the Swoord yet it is not ment therby that they should come and sit armed but bee such as be skilful in feates of Armes and besides their good aduises can wel serue in martiall affaires And thus the Romain Senators vsed who béeing men of great knowledge and experience as wel in martiall affaires as in politique causes sat allwaies in the Senate house and places of councel in their Gownes and long Robes The like also was alwaies and hath been the order in the Parlements of this Realme as long as the auncient Lawes the olde customes and good orders therof were kept and obserued Also if any other person or persons either in message or béeing sent for doo come he ought to be brought in by the Sergeant at the first entring must folowing the Sergeant make one lowe obeysaunce and beeing past in the middle way must make one other and when he is come before the Speaker he must make the third and then doo his message the like order he must kéep in his return But if he doo come alone or with his learned councel to pleade any matter or to answere to any obiection he shall enter and go no farther then to the Bar within the door aud there to doo his thrée obeysaunces Also when any Bil is committed the Committes haue not authoritie to conclude but onely to order reforme examin and amend the thing committed vnto them and of their dooings they must giue reporte to the house again by whome the Bill is to be considered Also euery Bil whiche is brought into the house must bée red thrée seuerall times and vpon thrée seuerall dayes Also euery Bil which vpon any reading is committed and returned again ought to haue his thrée readings vnlesse the Committes haue not altred the bil in any substaunce or forme but onely in certain woords Also when any Bil vpon any reading is altogither by one concent reiected or by voices after the third reading ouerthrown it ought not to be brought any more to be red during the Sessions of Parlement Also if any man doo speak vnto a Bill and be out of his matter he ought to be put in remembraunce of the matter by the Speaker onely and by none other and be willed to come to the matter Also whensoeuer any person dooth speak to any Bill hée ought to stand vp and to be bare headed and then with all reuerence grauitte and séemly spéech to declare his minde But when so euer any Bil shal be tryed either for allowances or to be reiected then euery one ought to sit because he is then as a Iudge Also euery Knight Citizen and Burgesse before he doo enter into the Parlement and take his place there ought to bée sworne and to take his othe acknowledging the King to be the supreme and onely gouernour of all the estates within his Realme as also to renounce all forrain Potentates The order of the beginning and ending of the Parlement ON the first day of the summons for the Parlement the King in proper person vnlesse he bée sick or absent out of the Realme béeing apparailled in his royall and Parlement Robes ought to be conducted brought by all his Barons of the Clergie and Laitie and the Commons summoned to the Parlement vnto the Churrh where ought a Sermon to be made by some Archbishop Bishop or some other famouse learned man The Sermon ended he must in like order be brought to the higher house of Parlement and there to take his seat vnder the cloth of estate likewise euery Lord and Baron in his degree ought to take his place This doon the Lord Chaunceller or he whom the King appointeth to be the speaker of that house maketh his oration to the whole assembly declaring the causes why wherfore that Parlement is called and summoned exhorting and perswading euery man to doo his best indeuor in all such matters as shal be in the said Parlement proponed as shal be moste expedient for the glory of God the honor of the King and the common welth of the whole Realme Then he directeth his talke vnto the Knights Citizens and Burgesses aduertising them that the Kings pleasure is that they doo repair to their house and there according to the olde and auncient custome to choose and elect some one wise graue and learned man emong them selues to be Speaker for them and giueth them a day when they shall present him to the king And these things thus doon the King ariseth and euery man departeth This is accounted for the first day of the Parlement THe second or third day after when the Speaker is to be presented the King with all his Nobles in like order as before doo assemble again in the higher house and then come vp all the commons of the lower house and then and there doo present their Speaker vnto the king The Speaker foorthwith maketh his dutiful obeysaunces beginneth and maketh his oration before the King and prosequuteth such matters as occasion serueth and as is before resited in the office of the Speaker and this doon euery man departeth And this is accounted for the beginning of the Parlement for before the Speaker be presented and these things orderly doon there can no Billes be put in nor matters be entreated of LAstly when all matters of weight be discussed ended and dermined the King commaundeth an end to be made And that day the King his Nobles and Commons doo again assemble in the higher house in their Robes and in like order as is before recited where the Speaker maketh his oration and is answered by the Lord Chaunceller or Speaker of the higher house Then all the Billes concluded and past in bothe houses that is to say in the higher house of the Lords and in the lower house of the commons are there red by the titles and then the King giueth his concent or discent to euery of them as he thinketh good And when the titles of all the the Billes are red the Lord Chaunceller or Lord Speaker by the Kings commaundement pronounceth the Parlement to bee proroged or cleane dissolued And this is called the last day or the end of the Parlement and euery man is at libertie to departe homewards The names of all such personages as ought to appeer and be in the Parlement In the higher house ¶ The King. The Lord Speaker A Proctor for the kingdome of Fraunce A Proctor for Scotland A Proctor for the Duchie of Aquitane A Proctor for the Duchie of Guyen A Proctor for the Duchie of Angewe The Archbishop of Canterbury The Archbishop of York The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Chichester The Bishop of Exeter The Bishop of Elye The Bishop of Couentrie The Bishop of Rochester The Bishop of Sarisbury The Bishop of Welles The Bishop of Norwich The Bishop of Lincolne The Bishop of Worcester The Bishop of Herford