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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
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