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. This text is an enriched version of the TCP digital transcription A86394 of text R212700 in the English Short Title Catalog (Thomason E157_11). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 82 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86394 Wing H214 Thomason E157_11 ESTC R212700 99871286 99871286 156892 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86394) Transcribed from: (Early English Books Online ; image set 156892) Images scanned from microfilm: (Thomason Tracts ; 28:E157[11]) 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. [60] p. : port. (metal cut) s.n.], [London : Printed in the yeare, 1641. Anonymously published by William Hakewill. Place of publication from Wing. Signatures: A² B-H⁴. Reproduction of the original in the British Library. eng Great Britain. -- Parliament -- History -- Early works to 1800. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. A86394 R212700 (Thomason E157_11). civilwar no The manner of holding Parliaments in England.: Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this Hakewill, William 1641 14227 8 0 0 0 0 0 6 B The rate of 6 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2008-01 TCP Assigned for keying and markup 2008-02 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion 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 of 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 . Printed in the yeare , 1641. DIEV ET MON DROIT THE MANNER OF HOLDING A PARLIAMENT in the second of Edward the Confessor , Sonne of K. Etheldred . HERE is described , the Manner after which the Parliament of the King of England , and of his English People was kept in the times of King Edward , the Sonne of Etheldred the King ; which manner was rehearsed , by the discreet sort of the Kingdome , before William Duke of Normandy the Conquerour , and King of England ; the Conquerour himselfe commanding this ; and by himselfe approved and used in his times , and in the times of his successours Kings of England . Of the Summons of Parliament . The Summons of Parliament ought to goe forty dayes before the first day of the Parliament . Concerning the Clergie . The Parliament ought to be summoned and come , the Arch-Bishops , Bishops , and other chief of the Clergie , who come thither by holding of some County or Barony , and because of such tenure , and not otherwise , and none of the lesse degree of the Clergie , unlesse their presence or coming thither may be required in some other respect then by their tenures ; or , unlesse they be of the Kings Counsell ; or their presence may be deemed necessary , or accounted profitable for the Parliament : and the King is bound to minister unto them their costs and expences in coming and tarrying at the Parliament . Neither ought such of the lower degree of the Clergie men to be summoned to the Parliament , but the King was wont to gether to send out his Writs to such men , requiring them that they should be present at his Parliament . Also the King was wont to give Summons to the Arch-bishops , Bishops , and other exempted persons ; or to Abbots , Priors , and other Ecclesiasticall persons , that have by such exemptions and priviledges their severall jurisdictions , according to their severall Deaneries , and Arch-deaneries of England , through their Deaneries , and Arch-deaneries aforesaid , should cause to be chosen two skilfull and fit Proctors or Clerks of the Convocation house out of the same Arch-deanery to come and to be present at , to answer , to undergoe , to alledge and to doe there , that which all and every Parson of their Deaneries , and Arch-deaneries should , if they , and all , and every of them were personally present there . And that such Proctors or Clerks of the Convocation house come with their two Warrants , sealed with the seales of their superiours , because they are chosen and sent to such a Proctorship ; The one of which Letters should be delivered to the Clarke of the Parliament to be enrolled , and the other remaine in the Proctors and Clerks themselves : and so under these two kinds of Summons , the whole Clergie ought to be Summoned to the Kings Parliament . Concerning the Laity . Also all and every Earle , and Baron , and their Peeres ought to be summoned , and come to the Parliament , to wit , those that have Lands , and Revenues to the value of a whole County , which maketh foure hundred pounds in the whole ; or to the value of one whole Barony : to wit , Thirteene fees , and the third part of one Knights fee , every fee being reckoned at twenty poundes , maketh in the whole , foure hundred markes , and no lower Lay-men ought to be summoned to come to the Parliament by reason of of their tenure , unlesse their presence for other causes be profitable , and necessary to the Parliament , and then they ought to be dealt withall , as is said of them of Ae Lower degree of the Cleargy , men who are not bound by reason of their tenure to come to the Parliament ; Also the King was wont to send his writs to the Warden of the Cinque Ports , that hee might cause to be chosen to come and bee present at the Parliament to answere , undergoe , and do there that which their Burroughs themselves should do , if all and every one of them were personally present there , and such Barrons should come with their two Warrants , sealed with the common seales of their Ports , to shew that they were orderly chosen , and sent from the Barronies to that end ; the one whereof shall bee delivered to the Clarke of the Parliament , and the other to remaine with the Barrons themselves : And when such Barrons of the Ports , having obtaind Lycense should depart from the Parliament , then they were wont to have a writ under the great seale of the Warden of the Cinque Ports , that they might have their reasonable costs , and expences , meet for such Barrons out of the County of the Port from whence they came towards the Parliament untill the day wherein they returned home , to their owne houses , there being expresse mention made in the writ of the stay they made at the Parliament , and of the day wherein to returne . Yea there was wont sometimes mention to be made in the writ , how much such Barrons should take of the Counties from whence they came for a day , to wit , some had more , some had lesse , according to the ability , and honesty of the persons themselves ; neither were they wont to put downe for two Barrons above twenty shillings by the day , and yet therein had they respect to their charges of their stayings , labour , and expence , neither were such uncertaine expences to be put downe , and allowed by the Court , for all and every one so chosen and sent for their Counties , unlesse the persons themselves were honest , and behaved themselves well in the Parliament . Touching the Knights of the Shire . Also the King was wont to send his writs to all the Sheriffes of England , that every one might cause to be chosen out of his owne Countie , through the Country it selfe , two Knights , fit , honest , and skillfull , to come to his Parliament , after the same manner which is spoken of the Barons of the Ports , and for their warrants they should come after the same manner . But for the expences out of one County for two Knights , there was not wont to bee set downe and allowed aboue one Marke a day , and now eight shillings a day , to wit , for every one of them foure shillings . Touching the Citizens . After the same manner Commandement was wont to be given to the Major and Sheriffe of London , the Major and Bayliffes to the Major and Citizens of Yorke , and of other Cities , that they for the County of their City should choose two fit honest and skilfull Citizens to come to the Parliament , after the same manner which 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 , 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 to any person ; let him first handle his cause that first propounded it . In the Kalendar of the Parliament , there ought to be rehearsed , all the businesses of the Parliament , and that after this order : First , concerning Warre ( if there be any Warre ) and concerning the other businesses , touching the persons of the King , of the Queen , and of their Children . Secondly , concerning the commonbusinesses of the Kingdome , as of making Laws , when there shal be lacke of Law originall , judiciall , or executory of particular persons . Thirdly , the businesse of particular persons , and that according to the Petitions offered , as is aforesaid . Touching the dayes and houres of the Parliament . The Parliament ought not to be held on the Lords day , but on the other dayes following ; that day alwayes excepted , and three other , to wit , of All Saints , of All Soules , and of the Nativity of Saint Iohn Baptist . It may be held , and ought every day to begin at one of the clocke in the afternoone , at which houre the King is to be present at the Parliment , and all the Peeres of the Kingdome . The Parliament ought to be held in a publique place , and not in a private or secret place . In the Holy dayes the Parliament ought to begin at one of the clock , because of divine service . Touching the Porters of the Parliament . The principall Porter of the Parliament shall stand beneath the great Gate of the Monastery , Hall , or other place , where the Parliament is held , and must keep the dore , so that none come into the Parliament : but he which ought to come to the Parliament , or shall be called for the businesse which he followeth in Parliament ; and it behooveth that the party have knowledge of the persons which should come in , so that none at all be denyed entrance , which is bound to be present at the Parliament . And the Porter ought , if it be needfull , to have more Porters under him . Touching the Cryer of the Parliament . The Cryer of the Parliament shall stand without the dore of the Parliament , and the Porter shall declare to him their Cryers . The King was wont to assigne Sergeants at Armes , to stand a great while together without the doore of the Parliament , to make the doore , so that none should make thrusting or tumults about the doore , by which the Parliament might be hindred , upon pain of taking of their bodies , because of right the dore of the Parliament ought not to be shut , but to be kept by Porters , or Kings Sergeants at Armes . Touching the standing of them that speake in the Parliament . All the Peeres of the Parliament shall sit , and none shall stand , but when he speaketh ; so that every one of the Parli●ment may heare him . None shall enter into Parliament , nor goe out o●Parliament , but by one door : and whensoever he speaketh any thing which ought to be deliberated on by the Parliament , All they that speak shall stand , the cause is that he may be heard of the Peeres ; all which Peeres are judges and Justices , &c. Touching the help and ayd appointed for the King . The King was not wont to require help or ayd of his Kingdome , unlesse it were for Warre at hand , or for making his Sons Knights , or for marriages of his Daughters ; and then he ought to require such helpe in full Parliament , and to deliver it in writing to every degree of the Peeres of the Parliament , and to answer the same in writing . And we must know that for the granting of such helps and ayd , it behooveth that all the Peeres of the Parliament agree . And we must understand that two Knights which come to the Parliament for the Shires and County out of which they come , have a greater yoyce in Parliament to grant , then the greatest Earle in England : and after the same manner the Proctors for the Clergie , or Clerks of the Convocation house : for one Bishopricke have a greater voyce in Parliament , if they all agree , then the Bishop himselfe . And this is true in all things which ought to be granted or denyed to the party or are to be done therein . And this is manifest because the King may hold Parliament with the Communalty and Commons of the King some without Bishops , Earles , and Barons , yet so , as they be summoned to the Parliament . Although no Bishop , Earle or Baron , come according to their Summons , because in times past , neither was there Bishop , Earle nor Baron ; and yet even then Kings kept their Parliament : but it is farre otherwise , on the other side ; for though the Communalty , to wit , Laity and Clergie were summoned to the Parliament , ( as of right they ought to be ) yet for some certaine causes they would not come , as if they would pretend that the King did not govern them as he ought , and would in speciality point out the Articles in which he misgoverned them , as he ought : not that then that Parliament is utterly none at al , though the Arch-bishops , Bishops , Earles , Barons , and all their Peeres and equalls were there with the King present at it : and therefore all things which are to be affirmed or informed ; granted or denyed , or to be done by the Parliament , must be granted by the Communalty of the Parliament , which standeth upon three degrees or sorts gathered together in Parliament , that is to say , the Procters of the Cleargie , the Knights of the Shires , the Citizens and Burgesses ; who indeed represent the whole Communalty of England ; and next upon the Noble men , because every one of them is at the Parliament , in his own proper person , and non other . Tonching the departure , or breaking up of the Parliament . The Parliament should not depart so long as any Petition made thereto hangeth undiscussed , or undecided , or at the least to which there is not made a determinate answere : The Kings Majesty being desirous of his Grace and favour to give the Subject redresse of any injury and not to suffer his people to goe unsatisfied . None of all the Peeres or equalls of the Parliament may or ought to depart alone from the Parliament , unlesse he have obtained ( and that in full Parliament ) leave of the King , and of all his Peeres or equalls , so to do , and that withall there be a remembrance kept in the Parliament roll of such leave and liberty granted . And if any of the Peeres or equalls , during the time of the Parliament , shall be sicke or weake , so as he is not able to come to the Parliament , then he must three dayes together send such as may excuse him to the Parliament : but if they come not , then let there be sent from the Parliament , two of his Peeres or equalls to goe , and to certifie of his infirmity . And if there be any suspicion , let these two Peeres or equalls be sworn , that they shall speak the truth concerning the same : and if it be found out that he did faine or counterfeit , let him atturney or appoint some sufficient man before them to be present at the Parliament his stead , if he will : neither can he be further excused if he be of sound memory . Departing of the Parliament Ought to be in such a manner : first it ought to be demanded , yea and publikly proclaimed in the Parliament , & within the Pallace of the Parliament , whether there be any that hath delivered a petition to the Parliament , and hath not received answere thereto ; If there be none such , it is to be supposed , that every one is satisfied , or els answered unto al the least , so far forth as by law hee may be . Touching the Transcript or writing out of Records , and Processe made in Parliament . The Clarke of the Parliament shall not deny to any man a Transcript or Copy of his Processe , or Processe in Parliament , if he do desire it , and the Clarke shall take alwaies for ten lynes but one penny , unlesse happily that he that requireth the transcript will give his faith , that he is not able to give it , and in that case he shall take nothing . The Role of the Parliament should containe in breadth ten Inches ; and the Parliament shall be held in what place it shall please the King . Of the degrees of the Peeres or equals of the Parliament . The King is the head , the beginning and the ending , and so he hath not any Peere or equall . The second degree is of Arch-Bishops , Bishops , Abbots &c. holding by Baroniet . The third is of Proctors of the Cleargie , or Clarkes of the Convocation . The fourth is of Earles , Barons , and others , great and noble personages , as aforesaid . The fifth degree is of the Knights of the Shire . The sixth degree is of Citizens and Burgesses , and so the whole Parliament stands of six degrees ; But we must know that though any of the five degrees besides the King , shall be absent , yet premonished by summons , the Parliament is taken for full . Thus have I declared unto you the ancient manner and custome of holding Parliaments in England , to cleare the objection of some that say , Parliaments are not of that antiquity . I shall in the next place , thinke it not amisse , in regard I have begun to speake of ancient dayes , to give you some satisfaction concerning some old customes of England . ANCIENT CVSTOMES OF ENGLAND . BEING desirous for my own particular satisfaction to search and inquire after reverenced Antiquity , it was my happe to light on an old manuscript , which although in sound is Saxon-like , yet in some thing it savours of the Danish matters , & of the ancient British Laws under the rule and government of the Danes : which writing writ in the Saxon tongue , I have translated into English word for word , according to the true sence and meaning thereof . IT was sometimes in the English Laws , that the People and the Laws were in Reputation : and then were the wisest of the People Worship-worthy , each in his degree , Lorle and Chorle , Theyn and underthem . And if a Chorle so thriued that he had full fiue hides of his own Land , a Church and a Kitchen , a Bell-house & a Gate , a seat & severall offices in the Kings Hall ; then was he thenceforth the Theyns right worthy . And if a Theyn so thrived that he served the King , and on his message , or journey rod in his houshold ; if then he had a Theyne that him followed , who to the Kings expedition fiue hide had , and in the Kings Pallac his Lord seru'd , and there with his errand had gone to the King , he might after ward with his fore Dath his Lords part play at any need . And if an Theyn so thriued , that he became an Earle , then was he right forth an Earle right worthy . And if a Merchant so thriued that he passed thrice ouer the wide Sea of his own craft , he was thenceforth the Theyns right worthy : And if a Scholler so thriued through learning , that he had degree , and serued Christ , he was thenceforth of dignity and peace so much worthy as there to belonged , unlesse he torfeited so , that he the use of his dignity might be taken from him . These ruines of Antiquity make shew of a perpetuity of Nobility , even from the beginning of this Iland : but times are changed , and we in them also . For King Edward the Confessor , last of the Saxon blood , coming out of Normandy , bringing in then the title of Baron , the Thayne from that time began to grow out of use ; so at this day men remember not so much as the names of them . And in processe of time , the name of Baronage began be both in dignity and power so magnificent above the rest ; as that in the name of the Baronage of England , all the Nobility of the Land seem'd to be comprehended . As for Dukes , they were ( as it were ) fetcht from long exile , and againe renew'd by K. Edward the third . And Marquesses and Vicounts were altogether brought in by K. Richard the second , and K. Henry the sixt . But our Kings descended of the Norman blood , together with the Crown of the Kingdome , granted an hereditary and successory perpetuity unto honourable titles ; such I meane as are the titles of Earldome , and Baronies , without any difference of Sex at all , which thing I thought good to make manifest by the examples of the more ancient times . In the reckoningup whereof that I may the better acquit and discharge my selfe , I shall in the First place desire the Reader to observe three things . First , concerning the disposition and inclination of our King in the creating of the Nobility . Second , of the Custome of transferring of Honours & dignities by Families . And Thirdly of the force of time , and the change and alteration of things . For why , our Kings ( who in their Kingdomes beare alone the absolute rule and sway ) are with us the efficient causes of al Political Nobility . The titles of named Nobility by our Custome , have this naturall and common , together with the Crown it selfe , that the Heires Males fayling , they devolve unto the Women except in the first Charters it be in expresse words otherwise provided ; and yet so that regard is alwayes to be had of the time , which is every where wont to beare sway in the formality of things . In this manner ( Harold being overcome ) William the first King , and Conquerour , having obtained the Soveraignty according to his pleasure , bestowed dignities and Honours upon his Companions and others ; some of them so connext and conjoynd unto the Fees themselves , that yet to this day , the possessors thereof may seem to be innobled even with the possession of the Places only : as our Bishops at this day , by reason of the Baronies joynd unto their Bishopricks , injoy the title and preheminence of Barons in highest Assemblies of the Kingdome in Parliament : he gave and granted to others Dignities and Honours , together with the Lands , and fees themselves . He gave to Hugh Lupus his Kinsman ( a Norman ) the Earldome of Chester . Ad conquirendum et tenendum sibi & Haeredibus , adeolibere per gladium , sicut ipse Rex tenuit Angliam per Coronam . To Hanus Rufus ( then Earle of Brettaine in France ) and his Heires the Earledom of Richmond . It a libere et honorifice , uteundem Edwinus . Comes anteatenuerat . And the Earledome of Arundell ( which Harald poessessed ) he granted , with a fee unto Roger of Montgomery . The first two of which Honours ( the Heires male fayling ) by Women passed unto other Families : But the latter Earldome , Robert the Son of Roger being attainted of Treason , returned unto King Henry the First , who gave the same in Dowry unto Queen Adeliza his wife . But the succeeding Kings , more sparingly bestowed such dignities , to be holden of them in Fee , granting for the better and more honourable maintenance of their stocke add honour , the third part of the pleas of the Countie ( as they term it ) which they in their Charters cal Tertium denarium , or the third penny : so that he that received the third penny of any province , was called Earle of the same ; and so by custome the Women , the Heires male fayling . And if any Earle or Baron dying without Sons , had many Women his heires , howsoever order was taken either by way of Covenant , or partition , concerning the Lands & possessions , according to the Common Laws of the Kingdome , yet the dignitie and Honour ( a thing of it selfe indivisable ) was still left to be dispos'd of , according to the Kings pleasure , who in bestowing there of usually respected the prerogative of birth : by which right , K. Henry the third after the death of Iohn the Scot , dead without issue ( other Lands and revenews being by agreement given to his three Sisters ) united the Earldom of Chester with the honour thereof unto the Crown . This is manifest in the Earldome of Arundell , which ( after Robert Be lisme Son to the aforesaid Roger Mountgomery driven out by Henry the first ) K. Henry the second bestowed upon william of Albine . Q. Adeliza his Mothers husband , and by a new Charter , confirmd it in fee , together with the Inheritance to him and his Heires , with the third pleas of Sussex , whereof he created him Earle . But Hugh the great , Nephew of this william the first being dead without issue , all the Earldome was divided among his foure Sisters , whose dignitie and honour for all that , together with the Castle of Arundel , was by Edward the first , at length given to Richard Fitz-Alan ( the Nephews Sonne to Iohn Fitz-Alan , and Isabell the second of the aforesaid Sisters . I will now passe from Henry the third to Edward the first his Sonne , there being for a time great dissention betwixt him and certaine of his Nobility , viz. Gilbert of Clare Earle of Hartford and of Glocester : Humphrey of Bohun Earle of Hereford and Sussex , and Constable of England ; and Roger Bigod Earle of Norfolke , Marshall of the Kingdome : and that all those Noblemen at length , had lost their Earldoms and Offices , they being reconcil'd to the King ; afterward they againe by new Charters received the same in this manner . The first of them to himselfe and Ioane his Wife , the same K. Daughter , his second wife , for term of both their lives ; & to the children to be by both of them begoten ( his two Daughters by his first wife being excluded . ) This Ioane ( called Ioane of Acon ) bare unto h●… thusand Gilbert a Sonne called also Gilbert ; but she the second time secretly marryed unto one Ridulph , of Mont Hermeri ( without the King her Fathers knowledge ) and in her own right , made the same Radulph Earle so long as she lived : but she being dead , Gilbert her Sonne by the aforesaid Gilbert succeeded againe into the Earldome , Radulph his Father in Law being yet alive . In the same mannner he restored to the aforesaid Humphrey of Bohun his Earldome and Constableship , unto whom he also gave in Marriage Elizabeth another of his Daughters , Widdow , to Iohn Earle of Holland : and to the third he restored the Earldome of Norfolke , and the Office of Marshal , with the yearly increase of a thousand marks , upon condition if the heires male of his body to be begotten fayling , both should return againe to the King . At length this Roger dyed without issue , in the xxxv . yeare of him , the said Edward the first , viz. in the last yeare of his raigne : and K. Edward his Sonne , the second of that name , both by a new Creation and Charter , gave the Earldome and the Marshallship to Thomas of Brotherton , and his heire male . These things I have thus propounded , thereby to shew how according to the diverse dispositions of Princes , and change of times , it hath by little and little varied in the first bestowing of dignities and honours : Of which thing ( that new Law ) and to them of ancient time unknown , made by King Edward the first , seemeth afterward to be of no small moment , whereby , he favouring certaine private men , more carefull of their own sirname , then of their posterity , it was thought good by him to decree to make Fees to belong to men only . That Law which I would in latine call Gentilitium Municipale , and which the Lawyers commonly call Mis taliatum , and Talliabile ; or the Law of cutting off : for that it cutteth off Successions before generall , and restraineth them to the particular heires of Families , which seemeth to have given an occasion of change in the giving and bestowing of dignities and honours . For ever since that time , in the Creating of any new Earle , it is begun to be altered by expresse words in all Charters , provided , that it shal be but for terme of life onely , or discend unto the heires males alone , the women being quite excluded . And for this I need not examples to prove ; for why , the thing it selfe proveth the same . But the force and efficacie of this Law of Entaile ( or of cutting off ) I have thought good thus in few words to declare . And what I have sayd concerning Earles , the same may be sayd also of Barons , created by Charters , but in Barons created by Rescripts , or writs of summons , yet resting upon most ancient custom not so . For in them ( one onely excepted , sent forth to Henry Bromflet , wherein it was provided him , that same Henry and his heires Male of his Body , lawfully begotten , onely to be Barons of Vesey ) women the heires Male fayling , were not in ancient time forbidden , orimbarred , but that they might be accounted , and by name stiled Honourable , with the preeminence of the dignity , and calling of Barons : and after they had borne a Child , according to the ancient favour of our Lawes , ( and the custome of the Kingdom ) graced their Husbands also with the same honour , and with the same by Inheritance , ennobled their Children , yea without the possessions of those places , from whence the name of such dignities and honours may seeme first to have risen . For fees and Locall possessions circumscribed by the Law , are translated and carried from one family unto another , and usually enrich their Lords , and owners , the possessors thereof , but yet of themselves neither being , nor take away nobilitie , either dative or native ; by example to maifest these things , were but needlesse , & of litle consequence , for why , all the most ancient Baronies , & the more ancient sort of the Barons at this day , are in this point on my 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 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 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 . Notes, typically marginal, from the original text Notes for div A86394e-260 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.