THE MANNER of holding PARLIAMENTS IN ENGLAND. Collected forth of our Ancient Records. Whereunto is added. Certain Ancient Customs of this kingdom. The Prerogative and power of Parliaments. The order and form of the placing and sitting of the King's Majesty and peers 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 April 1640. in the 16th. year of his majesty's reign, first on Horse back from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house. Printed in the year, 1641. Dieu ET MON DROIT THE MANNER OF HOLDING A PARLIAMENT in the second of Edward the Confessor, son 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 son of Etheldred the King; which manner was rehearsed, by the discreet sort of the kingdom, before William Duke of Normandy the conqueror, and King of England; the conqueror himself commanding this; and by himself approved and used in his times, and in the times of his successor's Kings of England. Of the Summons of Parliament. The Summons of Parliament ought to go forty days before the first day of the Parliament. Concerning the clergy. The Parliament ought to be summoned and come, the archbishops, Bishops, and other chief of the clergy, who come thither by holding of some County or Barony, 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. and because of such tenure, and not otherwise, and none of the less degree of the clergy, unless their presence or coming thither may be required in some other respect then by their tenures; or, unless they be of the King's counsel; 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 expenses in coming and tarrying at the Parliament. Neither ought such of the lower degree of the clergy men to be summoned to the Parliament, but the King was wont together 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 Archbishops, Bishops, and other exempted persons; or to Abbots, Priors, and other ecclesiastical persons, that have by such exemptions and privileges their several jurisdictions, according to their several Deaneries, and Arch-deaneries of England, through their Deaneries, and Arch-deaneries aforesaid, should cause to be chosen two skilful and fit Proctors or Clerks of the Convocation house out of the same archdeanery to come and to be present at, to answer, to undergo, to allege and to do 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 seals of their superiors, because they are chosen and sent to such a Proctorship; The one of which Letters should be delivered to the clerk of the Parliament to be enroled, and the other remain in the Proctors and Clerks themselves: and so under these two kinds of Summons, the whole clergy ought to be Summoned to the King's Parliament. Concerning the Laity. Also all and every Earl, Summoneri debentomnes et singuli comiter, Barones et eor. pares, Qui tenent ad valentunius Comitat vel. Baron. integra. and Baron, and their peers 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 four hundred pounds in the whole; or to the value of one whole Barony: to wit, thirteen fees, and the third part of one Knights fee, every fee being reckoned at twenty pounds, maketh in the whole, four hundred marks, and no lower laymen ought to be summoned to come to the Parliament by reason of of their tenure, Minores laici summoneri non debent. unless their presence for other causes be profitable, and necessary to the Parliament, and then they ought to be dealt withal, as is said of them of Ae Lower degree of the clergy, 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 he might cause to be chosen to come and be present at the Parliament to answer, undergo, and do there that which their boroughs themselves should do, if all and every one of them were personally present there, and such Barons should come with their two Warrants, sealed with the common seals of their Ports, to show that they were orderly chosen, and sent from the baronies to that end; the one whereof shall be delivered to the clerk of the Parliament, and the other to remain with the Barons themselves: And when such Barons of the Ports, having obtained licence should depart from the Parliament, than they were wont to have a writ under the great seal of the Warden of the Cinque Ports, that they might have their reasonable costs, and expenses, meet for such Barons out of the County of the Port from whence they came towards the Parliament until the day wherein they returned home, to their own houses, there being express mention made in the writ of the stay they made at the Parliament, and of the day wherein to return. Yea there was wont sometimes mention to be made in the writ, how much such Barons should take of the Counties from whence they came for a day, to wit, some had more, some had less, according to the ability, and honesty of the persons themselves; neither were they wont to put down for two Barons above twenty shillings by the day, and yet therein had they respect to their charges of their stayings, labour, and expense, neither were such uncertain expenses to be put down, and allowed by the Court, for all and every one so chosen and sent for their Counties, unless 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 sheriffs of England, that every one might cause to be chosen out of his own county, through the Country itself, two Knights, fit, honest, and skilful, 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 expenses out of one County for two Knights, there was not wont to be set down and allowed above one mark a day, and now eight shillings a day, to wit, for every one of them four shillings. Touching the Citizens. After the same manner commandment was wont to be given to the Major and sheriff of London, the Major and bailiffs to the Major and Citizens of York, and of other Cities, that they for the County of their City should choose two fit honest and skilful 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 peers and equals with the Knights of the Shires in expenses, all the while they came, tarried, and returned from the Parliament. Touching the Burgesses. After the same manner commandment was wont to be given to the bailiffs and honest men of Burrowes and towns Corporate, that they ought of themselves and by themselves to choose two fit honest and skilful Burgesses to come and be present at the King's Parliament after the same manner as is spoken concerning Citizens: but two Burgesses were not wont to receive by the day for their expenses above ten shillings, and sometimes not above a noble, which was wont to be taxed by the Court, according to the greatness of the boroughs, 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 show 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 principal Clerks of the Parliament elected by the King and his council; and other secondary and undertakers, of whom, and whose Offices we will speak more specially afterwards: and the principal crier of England, with their under-Cryers; and the principal 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 chancellor of England, the Treasurer and chamberlains, and Barons of the Exchequer, Justices, and all the Clerks, and the King's Knights, together with them, that sue for the King's Pleas, who are of the King's counsel, are bound to be present the second day, unless 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 chancellor, 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 all England shall be called, at which day, if they do not come, the Shires shall be amerced at an hundred pounds. In the Third day of the Parliament, the Barons of the Cinque Ports shall be called; and afterwards the Barons of England; after them the Earls: 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 Earl at an hundred pounds. And after the same mannerit must be done with those that are equal to Earls and Barons, namely, which have Lands and revenues, to the value of an earldom, or of one Barony, as before said. In the Fourth day, the Proctors of the clergy 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 Deans, Priors, Abbots, Bishops, and at length the Archbishops shall be called, who if they do 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 some public place, where the Parliament is to be held, and afterwards publicly 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 days' 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, aught to preach one of the said five days of Parliament, and in the presence of the King: and this must be done when the Parliament for the greater part shall be joined 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 tranquillity of the King and kingdom, as shall be said in the Title following. Touching the Speech for the Parliament. After the preaching, the chancellor of England, or the Lord chief Justice of England, or some other fit, honest, and eloquent Justice, or clerk chosen by the Chancellor, or Chief justice themselves ought, standing to pronounce the causes of the Parliament. Whosoever they be, whilst they speak, shall stand (except the King) so that all of the Parliament might hear him that speaketh, or if he speak something darkly, or in a talk low voice, let him speak again, and speak louder 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 clergy and Laity, naming them after their degrees, as Archbishops, Bishops, and Abbots, &c. Earls, Barons, Knights, Citizens, &c. that they carefully, diligently, and heartily labour throughly to handle, labour, and deliberate in the business of the Parliament, even as they shall understand and perceive that this shall 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 means possible to be present at the Parliament, unless he be detained or let therefrom by bodily sickness, and then he may keep his Chamber, yet so as he lie not without the manor or town at the least, where the Parliament is held, and then he ought to send for twelve persons of the greatest and best of them, that are summoned to the Parliament. That is, two Bishops, two Earls, two Barons, two Knights of the Shire, two Burgesses, and two Citizens to look upon his person, to testify and witness his Estate, and in their presence he ought to make a Commission, and give authority to the Archbishop of the place, the Steward of England, and chief justice, that they jointly, and severally, should begin the Parliament, and continue the same in his name, express mention being made in that Commission of the cause of his absence then, which ought to suffice, and admonish the other Nobles, and chief men in the Parliament, together with the evident Testimony of the aforesaid twelve peers of theirs, the reason is because there was wont to be a cry or murmur in the Parliament for the King's absence, because his absence is hurtful and dangerous to the whole Commonalty of the Parliament, and kingdom, when the King shall be absent from his Parliament, neither indeed, ought he or may be absent but only 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 Archbishop 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 Archbishop of York, the Bishops of Durham, and Carlisle, and after them, the Earls, Barons, &c. making always a division of place, between the foresaid degrees, and their places, that none sit but amongst peers and his equals; and the Steward of England too look to this, unless the King will assign some other to it. At the King's foot, at the right side shall sit the Chancellor of England, and the chief justice of England and their fellows, and their Clarks who are of the Parliament, and at his foot on the left side shall sit the Treasurer and chamberlain and Barons of the Exchequer, the justices of the Bench, and their clerks who are of the Parliament. Touching the principal clerks of the Parliament. There are two principal clerks of the Parliament, who shall sit in the midst of the justices, who shall unroll all the pleas and business of the Parliament, and we must know, that these two Clarks are not subject to every justice, neither is every justice in England justice in the Parliament, neither have they of themselves Record in the Parliament, unless so far forth as new power shall be assigned and given to them in the Parliament by the King and the peers of the Parliament, and when they are assigned with other choice men of the Parliament, to hear and determine divers petitions and complaints, offered in Parliament; but these two clerks are immediately subject to the King and his Parliament in common, unless perhaps one justice or two, be assignedto examine and amend their enrolments: And when the peers of the Parliament; to hear and examine some Petitions by themselves, than when they shall be of one mind and agreeing in rendering their judgements to such Petitions, and the process made concerning the same, and they shall give their judgement in full Parliament, so that the other two clerks principally enrol all the pleas, and all the judgements in the principal role of the Parliament, and shall deliver these rolls to the Treasurer before the going away of the Parliament, referring, yet notwithstanding to the same clerks one transcript and count errole thereof if they will have it. These two clerks unless 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 mark for their expenses, to be divided between them by equal portions, unless they be at the King's board, otherwise half a mark a day, during all the Parliament. Touching the five clerks of the Parliament. The King shall assign or appoint five skilful Clerks: the first whereof shall be Minister to, and serve the Bishops. The second, the Proctors of the clergy, or the Clerks of the Convocation house. The third, the Earls and Barons. The fourth, the Knights of the Shire. The fifth the Citizens and Burgesses: and every one of them unless he be with the King, and take of him such a fee, or such revenues that he may thereupon live honestly, he may take by the day two shillings of the King, unless he be of the King's board, if he be, then to have but twelve pence; which Clerks shall write the doubts and answers, that they which shall be present at the Parliament, make to the King, and at the Parliament, and communicate their counsels unto them, whensoever they will have them; and when they shall be at leisure, they will send the principal Clerks to enroll them. Concerning Cases and Judgements which are heard. DEcasibus et judicus difficilibus. When a cause of Truce, Cum dubltat et difficilis Casus, pacis vel guerne emergat, &c. doubt, or hard case of peace or war 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 peers or equals; and if it be needful, let it be enjoined by the King, or on the King's part, if the King be not present to every degree of peers or equals, that every degree itself may go there to itself, and let that case be delivered to their clerk in writing, and let them cause the case to be recited before them, so that they do ordain, 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, counsels and advises heard of either side, or to and fro (as we said) according to better and more sound counsel 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 weakened, or the country may be troubled; so that it seem to the King his council, that it were expedient the business be handled and amended by consideration of all the peers of the kingdom. Or if through war the King or kingdom might be troubled; or if a hard case do come before the chancellor 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, than the Earl that is Steward, the Earl that is Constable, and the Earl Martial, or two of them, shall choose five and twenty persons of all the peers of the kingdom; and three Proctors or Clerks of the Convocation house, for the whole clergy: two Earls 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 condescend to them; and those twelve choose six, and condescend no fewer, unless licence be obtained 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 only person, unless the greater number will agree and ordain, at the length, one person, as is said, shall agree for all, who cannot disagree from himself. This being observed, and also reserved, the King and his council, that they may examine and amend such Ordinance after them which shall be written, if they know how to do it, and will perform it; yet so, as they do it there in full Parliament, and by the consent of the Parliament, and not contrary to the Parliament. Touching the Order of deliberating business in the Parliament. The business 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 calendar of the Parliament, there ought to be rehearsed, all the businesses of the Parliament, and that after this order: First, concerning war (if there be any war) and concerning the other businesses, touching the persons of the King, of the Queen, and of their Children. Secondly, concerning the commonbusinesses of the kingdom, as of making Laws, when there shall be lack of Law original, judicial, or executory of particular persons. Thirdly, the business of particular persons, and that according to the Petitions offered, as is aforesaid. Touching the days and hours of the Parliament. The Parliament ought not to be held on the Lord's day, but on the other days following; that day always excepted, and three other, to wit, of All Saints, of All souls, and of the Nativity of Saint John Baptist. It may be held, and ought every day to begin at one of the clock in the afternoon, at which hour the King is to be present at the parliament, and all the peers of the kingdom. The Parliament ought to be held in a public place, and not in a private or secret place. In the Holy days the Parliament ought to begin at one of the clock, because of divine service. Touching the Porters of the Parliament. The principal 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 door, so that none come into the Parliament: but he which ought to come to the Parliament, or shall be called for the business 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 denied entrance, which is bound to be present at the Parliament. And the Porter ought, if it be needful, to have more Porters under him. Touching the crier of the Parliament. The crier of the Parliament shall stand without the door of the Parliament, and the Porter shall declare to him their criers. The King was wont to assign Sergeants at arms, to stand a great while together without the door of the Parliament, to make the door, so that none should make thrusting or tumults about the door, by which the Parliament might be hindered, upon pain of taking of their bodies, because of right the door of the Parliament ought not to be shut, but to be kept by Porters, or King's Sergeants at arms. Touching the standing of them that speak in the Parliament. All the peers of the Parliament shall sit, and none shall stand, but when he speaketh; so that every one of the Parli●ment may hear him. None shall enter into Parliament, nor go 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 peers; all which peers are judges and Justices, &c. Touching the help and aid appointed for the King. The King was not wont to require help or aid of his kingdom, unless it were for war at hand, or for making his Sons Knights, or for marriages of his Daughters; and then he ought to require such help in full Parliament, and to deliver it in writing to every degree of the peers of the Parliament, and to answer the same in writing. And we must know that for the granting of such helps and aid, it behooveth that all the peers 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, than the greatest Earl in England: and after the same manner the Proctors for the clergy, or Clerks of the Convocation house: for one bishopric have a greater voice in Parliament, if they all agree, than the Bishop himself. And this is true in all things which ought to be granted or denied to the party or are to be done therein. And this is manifest because the King may hold Parliament with the communality and Commons of the King some without Bishops, Earls, and Barons, yet so, as they be summoned to the Parliament. Although no Bishop, Earl or Baron, come according to their Summons, because in times past, neither was there Bishop, Earl nor Baron; and yet even than Kings kept their Parliament: but it is far otherwise, on the other side; for though the communality, to wit, Laity and clergy were summoned to the Parliament, (as of right they ought to be) yet for some certain 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 all, though the Archbishops, Bishops, Earls, Barons, and all their peers and equals were there with the King present at it: and therefore all things which are to be affirmed or informed; granted or denied, or to be done by the Parliament, must be granted by the communality of the Parliament, which standeth upon three degrees or sorts gathered together in Parliament, that is to say, the proctors of the clergy, the Knights of the Shires, the Citizens and Burgesses; who indeed represent the whole communality 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 answer: The King's Majesty being desirous of his Grace and favour to give the Subject redress of any injury and not to suffer his people to go unsatisfied. None of all the peers or equals of the Parliament may or aught to depart alone from the Parliament, unless he have obtained (and that in full Parliament) leave of the King, and of all his peers or equals, so to do, and that withal there be a remembrance kept in the Parliament roll of such leave and liberty granted. And if any of the peers or equals, during the time of the Parliament, shall be sick or weak, so as he is not able to come to the Parliament, than he must three days 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 peers or equals to go, and to certify of his infirmity. And if there be any suspicion, let these two peers or equals be sworn, that they shall speak the truth concerning the same: and if it be found out that he did fain or counterfeit, let him attorney 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 publicly proclaimed in the Parliament, & within the palace of the Parliament, whether there be any that hath delivered a petition to the Parliament, and hath not received answer thereto; If there be none such, it is to be supposed, that every one is satisfied, or else answered unto all the least, so far forth as by law he may be. Touching the Transcript or writing out of Records, and process made in Parliament. The clerk of the Parliament shall not deny to any man a Transcript or Copy of his process, or process in Parliament, if he do desire it, and the clerk shall take always for ten lines but one penny, unless 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 contain in breadth ten Inches; and the Parliament shall be held in what place it shall please the King. Of the degrees of the peers or equals of the Parliament. The King is the head, the beginning and the ending, and so he hath not any peer or equal. The second degree is of archbishops, Bishops, Abbots &c. holding by Baroniet. The third is of Proctors of the clergy, or clerks of the Convocation. The fourth is of Earls, 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 custom of holding Parliaments in England, to clear the objection of some that say, Parliaments are not of that antiquity. I shall in the next place, think it not amiss, in regard I have begun to speak of ancient days, to give you some satisfaction concerning some old customs of England. ANCIENT customs OF ENGLAND. BEING desirous for my own particular satisfaction to search and inquire after reverenced Antiquity, it was my hap 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 sense 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 thrived that he had full five hides of his own Land, a Church and a Kitchen, a bellhouse & a Gate, a seat & several offices in the King's 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 household; if then he had a Theyne that him followed, who to the King's expedition five hide had, and in the Kings Pallac his Lord served, and there with his errand had gone to the King, he might after ward with his fore doth his Lord's part play at any need. And if an Theyn so thrived, that he became an Earl, then was he right forth an Earl right worthy. And if a Merchant so thrived that he passed thrice over the wide Sea of his own craft, he was thenceforth the Theyns right worthy: And if a scholar so thrived through learning, that he had degree, and served Christ, he was thenceforth of dignity and peace so much worthy as there to belonged, unless he torfeited so, that he the use of his dignity might be taken from him. These ruins of Antiquity make show of a perpetuity of Nobility, even from the beginning of this island: 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 process 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 seemed to be comprehended. As for Dukes, they were (as it were) fetched from long exile, and again renewed by K. Edward the third. And Marquesses and Viscounts 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 kingdom, granted an hereditary and successory perpetuity unto honourable titles; such I mean as are the titles of earldom, 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 myself, 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 custom 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 kingdoms bear alone the absolute rule and sway) are with us the efficient causes of all Political Nobility. The titles of named Nobility by our custom, have this natural and common, together with the Crown itself, that the heirs Males failing, they devolve unto the Women except in the first Charters it be in express words otherwise provided; and yet so that regard is always to be had of the time, which is everywhere wont to bear sway in the formality of things. In this manner (Harrolld being overcome) William the first King, and conqueror, having obtained the sovereignty according to his pleasure, bestowed dignities and Honours upon his Companions and others; some of them so connext and conjoined unto the Fees themselves, that yet to this day, the possessors thereof may seem to be ennobled even with the possession of the Places only: as our Bishops at this day, by reason of the Baronies joined unto their bishoprics, enjoy the title and pre-eminence of Barons in highest Assemblies of the kingdom 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 earldom of Chester. Ad conquirendum et tenendum sibi & Haeredibus, adeolibere per gladium, sicut ipse Rex tenuit Angliam per Coronam. To Hanus Rufus (Than Earl of Brettaine in France) and his heirs the Earledom of Richmond. It a libere et honorifice, uteundem Edwinus. Comes anteatenuerat. And the earldom of Arundel (which Harald poessessed) he granted, with a fee unto Roger of Montgomery. The first two of which Honours (the heirs male failing) by Women passed unto other Families: But the latter earldom, 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 stock add honour, the third part of the pleas of the county (as they term it) which they in their Charters call Tertium denarium, or the third penny: so that he that received the third penny of any province, was called Earl of the same; and so by custom the Women, the heirs male failing. And if any Earl or Baron dying without Sons, had many Women his heirs, howsoever order was taken either by way of Covenant, or partition, concerning the Lands & possessions, according to the Common Laws of the kingdom, yet the dignity and Honour (a thing of itself indivisable) was still left to be disposed of, according to the King's pleasure, who in bestowing there of usually respected the prerogative of birth: by which right, K. Henry the third after the death of John the Scot, dead without issue (other Lands and revenues 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 earldom of Arundel, 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 mother's husband, and by a new Charter, confirmed it in fee, together with the Inheritance to him and his heirs, with the third pleas of Sussex, whereof he created him Earl. But Hugh the great, Nephew of this william the first being dead without issue, all the earldom was divided among his four Sisters, whose dignity and honour for all that, together with the Castle of Arundel, was by Edward the first, at length given to Richard Fitz-Alan (the nephew's son to John Fitz-Alan, and Isabella the second of the aforesaid Sisters. I will now pass from Henry the third to Edward the first his son, there being for a time great dissension betwixt him and certain of his Nobility, viz. Gilbert of Clare Earl of Hartford and of Gloucester: Humphrey of Bohun Earl of Hereford and Sussex, and Constable of England; and Roger Bigod Earl of Norfolk, Martial of the kingdom: and that all those Noblemen at length, had lost their Earldoms and Offices, they being reconciled to the King; afterward they again by new Charters received the same in this manner. The first of them to himself and Joane his Wife, the same K. Daughter, his second wife, for term of both their lives; & to the children to be by both of them begotten (his two Daughters by his first wife being excluded.) This Joane (called Joane of Acon) bare unto h●… thusand Gilbert a son called also Gilbert; but she the second time secretly married unto one Ridulph, of Mont Hermeri (without the King her father's knowledge) and in her own right, made the same Radulph Earl so long as she lived: but she being dead, Gilbert her son by the aforesaid Gilbert succeeded again into the earldom, Radulph his Father in Law being yet alive. In the same mannner he restored to the aforesaid Humphrey of Bohun his earldom and Constableship, unto whom he also gave in Marriage Elizabeth another of his Daughters, widow, to John Earl of Holland: and to the third he restored the earldom of Norfolk, and the Office of Marshal, with the yearly increase of a thousand marks, upon condition if the heirs male of his body to be begotten failing, both should return again to the King. At length this Roger died without issue, in the xxxv. year of him, the said Edward the first, viz. in the last year of his reign: and K. Edward his son, the second of that name, both by a new Creation and Charter, gave the earldom and the martialship to Thomas of Brotherton, and his heir male. These things I have thus propounded, thereby to show 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 certain private men, more careful of their own surname, 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 Latin call Gentilitium Municipale, and which the Lawyers commonly call miss taliatum, and Talliabile; or the Law of cutting off: for that it cutteth off Successions before general, and restraineth them to the particular heirs 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 Earl, it is begun to be altered by express words in all Charters, provided, that it shall be but for term of life only, or descend unto the heirs males alone, the women being quite excluded. And for this I need not examples to prove; for why, the thing itself proveth the same. But the force and efficacy of this Law of entail (or of cutting off) I have thought good thus in few words to declare. And what I have said concerning Earls, the same may be said 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 only excepted, sent forth to Henry Bromflet, wherein it was provided him, that same Henry and his heirs Male of his Body, lawfully begotten, only to be Barons of Vesey) women the heirs Male failing, were not in ancient time forbidden, orimbarred, but that they might be accounted, and by name styled 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 laws, (and the custom 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 seem first to have risen. For fees and local 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 nobility, either dative or native; by example to maifest these things, were but needless, & of little 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 carelessness and lack of looking unto. But customs 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 seem sometimes to have of favour granted some things beside the Law, yet it shall nor appear 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 only by their becks (that I may so say) suffered dignities, and honours, to be tranferred, as in Ranulph Blundevill Earl of Chester, and of Lincoln, to be seen for the earldom of chester, he permitted after the manner, to disceud to John the Scot his Nephew, by Maude the elder of his Sisters: But the earldom of Lincoln (the King thereunto consenting) he yet alive, delivered unto Hawisia another of his Sisters, then married to Robert Quincy, by his deed in the 7th. year 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 forms of things, as that in eating out of the old, bringeth still in new: so unto Earls, whom we said in ancient time to have been rewarded with the third penny of the province, whereof they were Earls, to maintain their honour, and dignity; a certain some of money is at this day, yearly paid them out of the Exchequer, and they the titles of such places, as wherein they have no jurisdiction, administration, or profit at all. Baron's 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 knight's fees, for why he which had and possessed thirteen Knights fees, and a little more, was to be accounted among the Barons, are now more seldom times chosen for their virtue, their great wealth, and large possessions. Neither is there any let, but that a man may hold and still retain the name and title of a Barony, the head of which Barony, (as they term it) he hath afterward sold or alienated to some other common person. In brief, our King's royal Majesty is always like itself, constant, and the same, which having regard to the virtue, stock, wealth, and substance, of any man (whereby he may with his counsel's service, profit the commonwealth) may in every place freely give and bestow dignities and honours, sometimes choosing no more Barons than one, out of one and the same Family, The custom of the succession of the former and more ancient Baron, being still kept whole, & not in any hurt, as we 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 fountains of political nobility, and unto whom we may with thanks refer all the degrees of honours, and dignities, wherefore I may not without cause seem to rejoice, on the behalf of our nobility of great Britain which hath had always Kings themselves Authors, Patrons, Governors, and Defenders thereof, that when Lands, Fees, and Possessions, subjects to Covenants, or agreements, are still tossed and turmoiled with the storms of the judicial Courts, and of the Common Law, it is only unto the Kings themselves, beholding, and resteth upon heroical orders, and institutions proper and familiar, unto itself, so that, Per Titulos numerentur avi, semper que renat Nobilitate virent, et prolem fata sequantur: Continuum propriâ servantia lege tenorem. By Titles great-man's Ancestors are known, the posterity of whom, enjoy the same to their flourishing and everlasting fame. William the Conqueror after the death of Herold, having confined the Kingdom to himself, laid these foundations of ancient and worthy Nobility, which afterwards by his successors, according to the divers occurrants, and occasions, by little and little, became at length in the reign of King Henry the third, and Edward the first, to appear a Godly, and stately building, who having vanquished the Welsh-men; and contending with the Scots bordering upon them, for Principality and sovereignty, entreating of all things concerning the commonweal, with the three States of the kingdom (with consisteth of the nobility, the clergy, and commonalty) they themselves in their royal majesty sitting in Parliaments, appointed unto every man a pre-eminence, according to the place of his dignity, from whom especially all the Nobility of our age, may seem to derive the diverse and appointed degrees of dignities, and honours. Now to abbreviate 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 wisdom, with the full assent of the whole Parliament, caused a particular 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 commonwealth, 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 which. great offices deserve respect and admiration: and though merely 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 precedency. 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 King's privy council, and the L. Privy seal, 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 all Dukes, except those which. are the King's Sons; the King's Brothers, his Uncles, his Nephews, or his Brothers or sister's sons: but if any of these four great Officers aforesaid shall be under the degree of a Baron, than he or they to sit on the uppermost part of the sacks in the midst of the Parliament Chamber, in such order as is aforeshewed. As touching the other, it was enacted that the I. great chamberlain, the L. Constable, the L. Martial, the L. admiral, the L. Steward, and the L. Chamberlain of the King's household, shall be placed next to the L. privy seal, each of them above all other personages, being of their own estates or degrees; and holding the same precedence, as they are formerly named. Lastly, the principal Secretary being of the degree of a Baron, shall be ranged above all Barons, (not having any of the former offices also) and this range and precedency to continue to all the great Officers in general, which are before named; both in Parliament, in council Chamber, in the star Chamber, at the trial of peers; and in all other Assemblies whatsoever. This in brief is the effect of the Statute, expressing the dignity and place of our most principal and supremest temporal Officers, of which the first and chiefest is the L. Chancellor, or L. Keeper, who is said to be the King's 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 business of the commonwealth is dispatched, either at council Table, in star-chamber, or in the Chancery, where he hath a principal voice, and precedence: and lastly, he hath the keeping of the great Scale of the kingdom, in which is expressed a reputation so serious, that all Subjects lives and Estates depending on the same. The next in place is the L. high Treasurer of England, to whose trust the King's 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 wisdom and excellent judgement, is referred the whole manage of the King's entire Estate, and the provident regard of the wealth and flourishing prosperity of all the K. Subjects: He is the prime Officer Judicature, between the King and his Tenants, and hath dependence on the council Table, the Exchequer and the Kings royal House and Family. The next to these is the L. President, of the Kings most honourable Privy counsel, and is the chief man (next the King) belonging to the high and honourable Assembly, and hath in his power, under the King's Majesty, the manage of the privileges of that Honourable Table. The next is the L. Privy Scale, an especial ensign of credit belonging to this kingdom, having custody and charge of the King's lesser Seal, which gives testimony of the King's favours and bounty, but also making the way clear and accessable to the great seal, in which consists the strength of his majesty's confirmations; These first four great Officers are civil, and judicature, as depending on the public State: after whom follow six other which are as well Military as civil, having the managing of all matters of Honour, and Warlike proceedings. The first of which is the L. Chamberlain of the kingdom, whose Office is of the greatest employment, in all public Assemblies, as Coronations, Parliaments, triumphs, or any solemnity, where the King himself rideth in person: which Office is not Officiary, but honorary, depending by a feudal right, unto the Noble house of the Earls of Oxenford. After this is the L. Constable of the kingdom, who was the first and principal general under the King? of all the Land forces, and in all occasions of martial affairs, had the principal nomination of Officers, and ordering of Munition for such employment. Then is the L. Martial of the Land, a great and renowned Officer, in whom consist the solutions of all differences in Honour, and dispensation of all things appertaining to the great or lesser Nobility. Next followeth the Office of the L. admiral of the Land, who is the King's general, and chief Commander at Sea, and hath care and charge of all his majesty's royal Navy, and the censuring of all Marine causes whatsoever. The next following is the L. Steward of the King's 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 majesty's renown and dignity. The last of these great Officers, is the L. Chamberlain of the King's royal Household, unto whose great trust, faith, and integrity, is committed, the guard of the King's royal person, he hath the control, and commandment, of all Officers and others, whose dependence is on the King's 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 privileges 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 chief and principal Secretary of Estate, who deserves a due respect by his high and Honourable Place, in regard he is so intimate and nigh to all affairs, of his majesty, either private or particular. THE form OF THE KINGS MAIESTIES WRIT TO THE peers 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 anglican 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 form OF THE Writ to the sheriff &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, anglican 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 alias 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 April 1640. In the 16. year of his majesty's reign, 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 King's Puisne Sergeants at Law, The King's Solicitor, The King's attorney general. The Kings 2 Ancient Sergeants at Law. Masters of the Request 2. and 2. Barons of the Exchequer. of the degree of the coif of the said Courts. Justices of the Common-pleas. of the degree of the coif of the said Courts. Justices of the kings-Bench. of the degree of the coif of the said Courts. together. The Lord chief Baron of the Exchequer The Master of the rolls together. The two Lord chief justices of the King's Bench and Common-pleas Pursuivants at arms. Privy Counsellors. Herald's 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 heralds. Viscounts in their Robes 2 and 2. Viscount Camden. Viscount Conway. Viscount Say, and seal. Viscount Purbeck. Viscount Montague. Two heralds. Earls in their Robes 2 and 2. being in number 62. together. The Lord Chamberlain The Lord Steward of the K. Household And the Lord admiral The marquess of Winchester. The Duke of Buckingham, under age. Norroy and Clarencieux. The Lord Privy seal. The Lord Treasurer of England. The Archbishop of York. Lord-keeper of the great seal. The Archbishop of Canterbury. Sergeant at arms 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 train borne by. The Sword borne by The great chamberlain on the right hand The Sword borne by The Earl marshal on the left hand. The Cap of Estate borne by. Footmen. pensioners on foot with their Axes. Esquires. The King's Majesty in his Parliament Robes and crown, his majesty's train borne by three Earls or Lords eldest sons, assisted by the Gentlemen of the Robes all on foo. The Mr. of the Horse leading the horse of honour. together. The captain of the pensioners The captain 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 cometh out of the Church, the Gent. of the Privy Chamber carry another Canopy over him to the Parliament House. The Church delivereth a sceptre 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. year of his majesty's reign Anno Dom. 1640. from Whitehall by water to Westminster , and from thence on foot to the Parliament house. All things in manner and for me as before particularised was observed in this stately going of the King's Majesty the Prince and peers to Parliament, only in some things different from the former. Norroy and Clarenciux. Sergeant at arms. Lord Privy seal. Sergeant at arms. Sergeant at arms. Lord Treasurer of England. Sergeant at arms. Sergeant at arms. Lord Archbishop of York. Sergeant at arms. Sergeant at arms. Lord Keeper of the great seal. Sergeant at arms. Sergeant at arms. Lord Archbishop of Canterbury. Sergeant at arms. Garter bare headed. A Gentleman usher bareheaded. A Gentleman usher of the black Rod bareheaded. The Prince his highness in his Parliament Robes with Cap and Coronet, his highness' train borne by the Lord Francis Villars, second son to the Duke of Buckingham, and the Lord Ogle. The Cap of Estate borne by the Earl of Essex. The Earl Marshal on the left hand. The Sword borne by the Earl of Bath. The Lord great chamberlain on the right hand. The King's majesty in his Parliament Robes, and his crown on; His majesty's train, borne by the Duke of Buckingham, Earl of Oxford, Lord Herbert of Cardiff, Lord Cecil of Essendon and Lord Lisle, assisted by the Gentlemen of the Robes. Gentlemen Pensioners on each side with their Axes. The captain 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 council of Estate, called and appointed by the King's Majesty, the Lords of the upper House, by personal writs of summons; And for the Commons House a general writ is sent to the sheriff, of every Shire, or County, to call together all such freeholders, (which can dispend forty shillings yearly out of their own free Lands, at least) for the electing two Gent. for Knights of the Shire: the like is directed to the Cinque Ports, for choice of their Barons, to each city, burrow town, and university, for choice of two Burgesses, for every of them, to represent their several bodies in Parliament. The time and place of meeting. This honourable Assemblies meeting is noticed by the King's Majesty, to all his Subjects by Proclamation. The end of calling this great Assembly, is either the disturbance of the Church, by heresy or schism, danger of the kingdom, by War offensive or defensive, or for the relief of the Subject, disturbed in the Courts of Justice by ill customs, undue execution of the laws, oppression &c. From this high Court lies no appeal, 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 himself. This honourable Assembly consists of two houses, upper and Lower. The upper is made up by the Lords spiritual and temporal, as Archbishops, Bishops, Dukes, Marquesses, Earls, 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 special proxy from his Majesty, whence he hath power to depute, one of the said members to give his voice for him in absence. His Majesty who by his Prerogative royal, hath the Sole power, as of calling, so dissolving his honourable Assembly, sits in a Throne in the upper end of the house; 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 seal, &c. have places some on the right some on the left hand of the Throne the form where of is recited in the Statute of, 31 Henry the 8. The manner of giving voices in the upper house, is thus. The Lords spiritual and temporal in their Parliamentary Robes, they youngest Bishop reads prayers, those being ended, the clerk 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 he serveth, that done they are willed to choose their Speaker, who, (though nominated by the King's 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 behalf of the King) he Petitions his majesty in behalf of the House: First, for their privileges, 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 own members that are offenders. Fourthly, to have favourable access to his majesty upon all occasions. The Speaker, (in behalf of the House of Commons) promising regard full respect, as befitting loyal, and dutiful Subjects. The use of the Parliament Consists in abrogating old, or making new laws, reforming all grievances in the Common wealth, whether in Religion or intemporal affairs settling succession to the crown, grants, Subsidies, &c. and in Sum may be called the great physician of the Kingdom or republic. The Speakers place in the House of Commons. The Speaker sits in a chair, placed somewhat high to be seen and heard the better of all, the clerks of the House sits before him in a lower seat, who reads such Bills as are first propounded in their House, or sent down from the Lords, for in that point, each House hath equal authority to propound what they think meet. All Bills be thrice in three several days read, and disputed on, before put to question, and so good order is used in the House, that he that intends to speak to any Bill, stands up bareheaded (for no more hen one speaks at a time) speaking to the Speaker, not one to another, being against the rule of the House: and he that speaketh is to speak no more that day, to the Bill he hath spoken to, to avoid spinning needlessly out of time, and their speeches must be free from Taunts of their fellow members, that are of contrary 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 do 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 between 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 himself, and then for so many as he hath by proxy, they saying only; 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 voice to another by Proxy; the Major part being present only, 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 go to question, and if agreed to, holding the Bill up in his band sayeth, As many as will have this Bill pass 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 go down with the Bill, so plurality of voices, allows 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 royal Assent. Touching the royal 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, than ought every other Bill, although passed both the Houses to be read again, 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 James, the House being then desirous to have a Bill passed forthwith by the royal Assent, which should be security to the Warden of the Fleet, touching the delivery of Sir Thomas Shirley, out of execution, (for it was then questionable whether he was subject to an action of escape) did agree that the giving of the royal assent to one Bill or moe did not dissolve the Sessions without some special declaration of his majesty's pleasure to that purpose 18. April 1604. And likewise in the journal Anno. 1 & 2. phil. & Mariae. 21 Novem. that the King and Queen came on purpose into the Parliament House to give their Assent to Cardinal Pool's Bill, and upon question made it was then resolved by the whole House, that the Session was not thereby concluded, but that they might proceed in their business notwithstanding the royal Assent given. At the giving of the royal assent it is not requisite the King should be present in person, for by the express word of the Statute of 33 Henry the 8 Cap. 21. that the King's royal assent by his Letters Patents, under his great seal signed by his hand, and declared and in notified in his absence to the Lords spiritual and temporal, 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 publicly to the same, according to which Statnte the royal 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 royal assent is given in this sort: after some solemnities ended, the clerk of the crown readeth the Titles of the Bills in such order as they are in consequence: as the Title of every Bill is read, the clerk of the Parliament pronounceth the royal assent according to his instructions given him by his Majesty in that behalf, if it be a public Bill to which the King assenteth, he answereth, Le Roy Le voet, If a private Bill be allowed by the King, the answer is, Soit fait come il est desire. If a public Bill which the King forbeareth to allow, Le Roy se amsera. To the subsidy Bill, Le Roy remercie ses Loyaulx, Subjects accept benevolence et ausi le voult. To the general Pardon. Les Prelates Seigneurs et Commonsen cest present Parliament assemblies en nom de touts voue autres subjects remercient tres humblement vestre majesty, et preut dieu vous donere eu suit bene vie et longe. FINIS.