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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
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
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