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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.
Seale each of them above all other personages being of their owne estates or degrees and holding the same precedence as they are formerly named Lastly the principall Secretary being of the degree of a Baron shall be rang'd above all Barons not having any of the former offices also and this range and precedencie to continue to all the great Officers in generall which are before named both in Parliament in Councell Chamber in the Starre Chamber at the tryall of Peeres and in all other Assemblies whatsoever This in briefe is the effect of the Statute expressing the dignity and place of our most principall and supremest Temporall Officers of which the first and chiefest is the L. Chancellor or L. Keeper who is said to be the Kings Conscience his mouth and confirmation for by him all the rigours of the law are bridled the Kingswil in grace consultations revealed and his gifts and prerogatives confirmed before him all the great businesse of the Common-wealth is dispatcht either at Councell Table in Starre-Chamber or in the Chancery where hee hath a principall voyce and precedence and lastly he hath the keeping of the great Scale of the Kingdome in which is exprest a reputation so serious that all Subjects lifes and Estates depending on the same The next in place is the L. high Treasurer of England to whose trust the Kings Treasure is committed who is a man of that noble worthy sweet and generous disposition of important confidence of noble estimation excellent in wisdom and high in estimation and to his wisdome and excellent judgement is referred the whole manage of the Kings entire Estate and the provident regard of the wealth and flourishing prosperity of all the K. Subjects He is the prime Officer Judicature betweene the King and his Tenants and hath dependance on the Councell Table the Exchequer and the Kings Royall House and Family The next to these is the L. President of the Kings most honourable Privy Counsell and is the chiefe man next the King belonging to the high and honourable Assembly and hath in his power under the Kings Majesty the mannage of the priuileges of that Honourable Table The next is the L. Privy Scale an especiall Ensigne of credit belonging to this Kingdome having custodie and charge of the Kings lesser Seal which gives testimony of the Kings fauours and bounty but also making the way cleare and accessable to the great Seale in which consists the strength of his Majesties confirmations These first foure great Officers are civill and judicature as depending on the publique State after whom follow six other which are as well Military as Civill having the managing of all matters of Honour and Warlike proceedings The first of which is the L. Chamberlaine of the Kingdome whose Office is of the greatest imployment in all publique Assemblies as Coronations Parliaments Tryumphs or any Solemnitie where the King himselfe rideth in person which Office is not Officiary but Honorarie depending by a feudall right unto the Noble house of the Earles of Oxenford After this is the L. Constable of the kingdom who was the first and principall Generall under the King of all the Land forces and in all occasions of Martiall affaires had the principall nomination of Officers and ordering of Munition for such imployment Then is the L. Marshall of the Land a great and renowned Officer in whom consist the solutions of all differences in Honour and dispensation of al things appertaining to the great or lesser Nobility Next followeth the Office of the L. Admirall of the Land who is the Kings Generall and chiefe Commander at Sea and hath care and charge of all his Majesties Royall Navy and the censuring of all Marine causes whatsoever The next following is the L. Steward of the Kings Household in whose trust and government is reposed the ordering of all the great and Noble Families the discussion of all controversies the placing and removing of Officers and the disposing of all things therein for his Majesties renowne and dignity The last of these great Officers is the L. Chamberlaine of the Kings Royall Household unto whose great trust faith and integrity is committed the guard of the Kings Royall person he hath the controle and commandement of all Officers and others whose dependance is on the Kings person and howsoever some would limit his rule above the Sayters yet it is over the whole Court and in all places wheresoever the King is present with many other priveledges which at this time cannot be fully recited After all these great Offices and Officers I must necessarily add one great Officer more namely the Kings chiefe and principall Secretary of Estate who deserves a due respect by his high and Honourable Place in regard he is so intimate and nigh to all affaires of his Majestie either private or particular THE FORME OF THE KINGS MAIESTIES WRIT TO THE PEERES TO ASSEMBLE IN PARLIAMENT CAROLUS c. Charissimo consanguineo suo E. Comit. D. salutem Quia de advisamento et assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum et defensionem regni nostri Anglie et Ecclesie Anglicane concernent quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium tertio die Novembris prox●futur teneri ordinavimus et ibid. vobiscum ac cum Prelat magnatibus et proceribus dict. Regni nostri colloquium habere tractare vobis sub fide et ligeanciis quibus nobis tenemini firmiter injungend mandamus quod consider at dictorum negotiorum arduitate et periculis imminentibus cessante excusatione quacunque dict. die et loco personaliter intersitis nobiscum ac cum prelatis magnatibus et proceribus predictis super dictis negotiis tractatur vestrumque consilium impensur et hoc sicut nos et honorem nostrum ac salvationem et difensionem Regni et Ecclesie predictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me apud West decimo octavo die Septembris Anno Regni nostri 16. THE FORME OF THE Writ to the Sheriffe c. for the election of the Knights and Burgesses to assemble in Parliament REX Vic. N. c. Salut quia de advisamento et assensu consilii nostri pro quibusdam arduis et urgentibus negotiis nos statum defensionem Regni nostri Anglie et Ecclesie Anglicane concernen quoddam Parliamentum nostrum apud Civitatem nostram West tertio die Novembris prox futur teneri ordinavimus et ibid. cum prelatis magnatibus et proceribus dicti Regni nostri colloquium habere et tract. Tibi precipimus firmiter injungentes quod facta proclamation in prox Comitat. tuo post receptionem huius brev. nostritenend die et loco predict duos milit. gladijs cinct magis idoneos et discretos Comit. predict et de qualib Civitate com illius duos Cives et de quolibet Burgo duos Burgenses de discretior et magis sufficientibus