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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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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
any of the Iustices of England nor that any Iustice hath any aucthoritie in the Parlement except he be assigned to any thing by the King and Péeres of the Parlement And when they be assigned with other Suetors of the Parlement to hear and determin diuers pleaes and peticions to be finished by Parlement yet the twoo Clarks to be immediat subiectꝭ to the King and Parlement in commō vnlesse one of the Iudges or two be assigned to examin and amēd their inrolling And if the péeres of the Parlemēt be assigned to hear examin any speciall petition after they haue broken their matter they shall giue their sentence and Iudgement in the ful Perlement and the two Clarks inrolle the same and all other plaints and iudgements of the Parlement in the principall of the Parlemēt and there to deliuer those rolles to the Treasurer before the Parlement be finished Prouided that the said Clarks shall haue a transumpt or Copy of it if they list and these two Clarks shall haue for their expēces xiij shillings and iiij pence vnlesse they haue any fees or offices by the king and be dayly waitors hauing meat and drink of the Kings cost and then they to haue .vj. shillings and viij pence euery day during the Parlement Of the fiue Clarks ALso the King shall assigne fiue Clarks wise and approbate of whom the first shall attēd the Bishops The second the proctors of the Clergie The third the Earles and Barons The fourth the knights of the Shéeres and the fifth the Citizens and Burgesses And euery of them shall haue ij shillings a day vnlesse they be the Kings seruants and haue sufficient liuing of the King then they to haue but xij pence the day which Clarks shall write all doutes betwéen the King and the Parlement and they to be at their coūcels where so euer they be commaūded And in cace they shal be vacant they shall help the two principall clarks to inrolle their busines Of the causes and douts of the Parlement WHen any breach difficultie of dout or defuse cause of warre or peace dooth appéer within the Realme or without that cace ought to be declared in writing in the ful Parlement there to be treated and disputed among the Péeres of the Parlement and if it be necessary the King shall commaund or in the Kings name it shal be commaunded that euery degrée and the persons of euery degrée of the Parlement shal be present in the parlement and to the Clark of euery degrée in the Parlement the cause breach and dout shall be deliuered and by him at a certain place to be to them deliuered and declared And the vpon they to study imagine and consider how this dout or breach may be prouided for as they in time comming shall make answere for the prseruation of the King them selues and the commons whose persons they doo represent and so in this behalfe they shall make their answere or councel to be written so that euery degrées answere and aduisement heard the whole Parlement to admit and alowe the best and wisest councel and therafter to doo and wheras béen diuers opinions then to incline to the more parte of the Parlement And in cace there be any discorde betwéen the king and any of the estates or betwéen estates wherby the peace of the Realme or the people of the countrie might be disturbed in this cace if the King think it expedient it ought to be commoned of and reformed by the aduise of all the Péeres of the Realme Or in cace the King and Realme béen troubled with warres or a doutful cace be depening before the Chaūceller of England or a defuse iudgement be depending before the Iustices and if in those the Péeres of the degrées of the Parlement cannot agrée then the Earle Steward the Earle Constable and the Earle Marshall or twoo of them shall elect .xxv. persons of euery degrée of the péeres of the Realme that is to say twoo Bishops thrée proctors for the Clergie two Earles thrée Barons fiue knights of the Shéeres fiue Citizens and fiue Burgesses and these .xxv. may condiscend into xij of them selues and these xij into .vj. of them selues and these six may condiscend into thrée but these thrée cannot condiscend into a lesse number without the Kings concent and then those thrée may condiscend into two and the two into one and after his opinion and determination the matter shal be ordered vnlesse the King wil discent as he may and then may he and his councel examin and amend the ordination so it be vnwritten and doon out of the Parlement house without their concents Of matters of the Parlement THe matters whereof the Parlement is holden or kept ought to be deliuered into the Parlement and to be called vpon in manner of a kalender according to euery mannes petition and no respect to be had to any mannes person but that he who layeth first his bil in shal be first heard In the Kalender of the Parlement euery matter ought to be had in memory vnder this manner and forme First of warres if their be any of matters concerning the King and Quéenes person and of their Children Secondly of matters concerning the common weale and to ordain new lawes debarring th' olde lawes made in times past whose execution haue béen preiudiciall Thirdly the matters concerning the priuat weale and these to be examined according to the file and Kalender as is before writen The dayes and houres of the Parlement THe Parlement shal be holden euery day Sundaies Allhallon day all soules day the natiuitie of Saint Iohn the Baptist excepted And euery feriall day it should begin at mid prime time and that houre the king is bound to be in the Parlement and all the péeres of the Realme On the holy daies the parlement shall begin at the prime because of the diuine seruice should be first heard The degrees of the Parlement THe King is head and chéef at the beginning and at th' end of the parlement and to him no comparison is to be made and so the King is one degrée by him self The second is of Archebishops Abbots and Priors holding by Baronyes The third is of the Proctors of the Clergie The fourth of Earles Barons and other estates and gentles holding to the value of an Earledome or Baronye as is before written The fift of Knights of the Shéeres The sixt of Citizens and Burgesses and so the Parlement is of six degrées And it is to be noted that if any of the said degrees be absent after their first lawful monicions or summons the Parlement is not of sufficient effect The forme of the Parlement SIth it is showed vnder what forme euery man ought to be monished and how long time the monitions should be and what they be that should come vnto it it is to be knowen who they be that ought to be monished to come to the Parlement by reason of their offices And also