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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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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