it is to be noted that the two principall Clarks of the Parlement for the King and his Councel and other secondary Clarks of whom and of whose office mencion shal be héerafter made The chéef Cryer of England with his deputies and the chéef Porter of England howbeit these two offices were accustomed to be occupyed by one person these ought to be there the first day of the Parlement The Lord Chaunceler of England the Treasurer the Chamberlain the Barons of the Eschequer the Iustices all the kings Clarks and knights with Sergeants at the Law of the kings retinew or fée ought to be there the second day vnlesse they haue a resonable impediment or let Of the beginning of the Parlement THe King ought to be in the Parlement the first day and should sit in the midst of the high bench The sixt day the Chaunceller the Treasurer the Barons of the Eschequer and the Iustices were accustomed to recorde the defaults doon in the ParlemeÌ„t in forme folowing The first day they must call all the Citizens and Burgesses of all England and for lack of their apparaunce a Citty shal be amerced in a C. pound and a borough a C. markê The second day they shall call knights of Shéeres and in default of their apparance the shéere shal be amerced a C. pouÌ„d The third day the Barons of the fiue portes after them th' other Barons and then the Earles and for lack of apparance of euery Baron they shal be amerced a C. markê and of an Erle a C. pound the like shal be doon to them that be Earles and Barons Péeres that is to say as haue Lands and rents to the yéerly value of an Earledome or of a barony as is before expressed The fourth day the Proctors of the Clergie shal be called and for lack of their apparance their Bishops shal be amerced a C. marks for euery Archdeaconry that maketh default The fifth day Deanes Priors Abbots Bishops and Archbishops and for lack of apparaunce of an Archbishop he shal be amerced a C. pound a Bishop an Abbot and a Prior whiche holde an whole barony a C. marks Of the Proclamations THe first day of the Parlement proclamation shal be made first in the Hall or in the Monastery or some other open place where the Parlement shal be holden or kept and after in the Citty or Town opeÌ„ly that euery man hauing Bil or Peticion to be eranuned or determined in the Parlement that is should be laid in within fiue dayes of the beginning of the parlement Of the preaching of the Parlement AN Archbishop or some famose discrete and eloquent Clark tobe assigned by the Archbishop in whose prouince the Parlement shal be kept and holden shall preach on the first of the fiue dayes in the ful Parlement in the Kings presence and he shall begin when all the Parlement or the moste parte shal be there assembled in his prison or prayer he shall require all the whole Parlement that they humbly beséech almightie God for the peace and tranquilitie of the King and Realme Of the Speaker of the Parlement AFter the Sermon doon the L. Chaunceller of England or the chéef Iustice elect shall stand declaring in the parlement house first generally and then specially the causes of the Parlement and wherfore the same is holden And it is to be noted that euery man the King excepted shall stand while the said Speaker dooth declare his matter to th'entent that euery man may hear him in cace he doo speak obscurely or darkly or so lowe that he cannot be heard he must begin again or els an other speak in his place What the King shall say after the Speaker hath doon THe King after the speaker hath declared the causes of the Parlement shall desire the Spiritualtie and the Temporaltie naming euery degrée that is to say Archbishops Bishops Abbots Priors Archdeacons proctors and others of the Clergie Earles Barons knights Citizens and Burgesses and others of the Temporaltie that they doo diligently studiously and loouingly indeuer them selues to examin pertract and handle the causes of the Parlement to the honor of God principally secondarely to the Kings honor and lastly to the welth of the Realme Of the Kings absence THe King ought dayly to be present in the Parlement vnlesse he be sick or diseased and then he may kéep his chamber so that he lodge not out of the manor or town where the Parlement is holden and then he ought to send for xij persons of the great estates that be monished or summoned to the Parlement wherof two to be Bishops two Earles two Barons two Knights two Citizens and two Burgesses to sée his person to certifie of his estate in their presence he ought to commit power to the Archbishop of the prouince to the Lord Steward and to the chéef Iustices that they ioyntly and seuerally shall begin and continew the Parlement in the Kings name making expresse mention in his commission of his disease to th' other estates and that the persons abooue named can expresse the same for it is a perilous cace and dangerous for the communaltie and Realme that the King should be absent from the Parlement but onely for bodely sicknes Of places and seates in the Parlement FIrst as it is before said the King shall sit in the midst of the bench vpon the right hand the Archbishop of Canterbury at his left hand the Archbishop of Yorke and then Bishops Abbots and Priors in order and then euery man in his degrée and amongst his péeres and that this order be kept the Lord Steward of England is bound to look vnto vnlesse the King assigne some other At the Kings righ foot the Chaunceller of England the chéef Iustice of England with his felowes and their Clarks that be of the ParlemeÌ„t And at his left foot shall sit the Treasurer the Chamberlain the Barons of the Eschequer the Iudge of the common place with their Clarks that been of the Parlement Of the porters of the Parlement THe chéef Porter of the Parlement shall stand within the great gate or Monastery hall or place wher the Parlement is holden and shall attend that no man enter into the Parlement except he be called for matters that he sheweth in the Parlement And it is expedient that the said Porter haue knowledge of euery mannes name that shall enter into the Parlement and if need require to haue many porters vnder him Of Cryers of the Parlement THe Cryer shall stand without the Parlement door and the Porter shall shew him when and what he shall call The king was accustomed to appoint his SergeaÌ„ts at armes to kéep the Parlement door that no thrust presse or noyse were made there by meanes wherof the Parlement might be letted and that such thrust preace or noyse might he auoyded and proclamation should be made that no person enterprise such things there vnder pain of imprisonment for by Law
hurtful or preiudiciall to the estates of the Prince or common welth For these and such like causes beeing of great weight charge and importaunce the King by the aduise of his councel may call summon his high Court of Parlement and by the authoritie therof establish and order such good Lawes and orders as then shal be thought moste expedient and necessary The order and manner how to summon the Parlement THe King ought to send out his writs of summons to all the estates of his Realme at least forty dayes before the beginning of the Parlement First to all his Lords and Barons that is to wit Archbishops Bishops Dukes Marquesses Earles Vicountes and Barons and euery of these must haue a speciall writ then to the Clergie and the writ of their summons must be addressed to euery perticuler Bishop for the Clergie of his diocesse all these writs which are for the Clergie the King alwaies sendeth to the Archbishops of Canterbury and York by them they are sent and dispersed abrode to euery perticuler Bishop within their seuerall prouinces and so the Bishops giue summons to the Clergie Lastly for the summoning of the Commons hée sendeth his writ to the Lord warden of the fiue portes for the election of the Barons therof and to euery seuerall Shiriffe for the choice and election of Knights Citizens and Burgesses within his countie How and what persons ought to be chosen for the Clergie and of their allowaunces THe Bishop ought vpon the receipt of the writ sent vnto him for the sumoning of his Clergie forthwith to summoÌ„ and warne all deanes and Archdeacons within his diocesse to appéer in proper person at the Parlement vnlesse they haue some sufficient and resonable cause of absence in whiche cace he may appéer by his Proctor hauing a warrant or proxie for the same Then must he also send the like summons to the Deane and Chapter of his Cathedrall Churche who shall foorthwith assemble their Chapter and make choice of some one of them selues to appéer in their behalf and this man thus chosen must haue thrir commission or proxie He must also send out his summons to euery Archdeaconry and peculier requiring that the whole Clergie doo appéer before him his ChauÌ„celler or Officer at a certain day time and place who béeing so assembled shall make choice and election of two men of the said Clergie to appéer for them and these shall haue their commission or proxie for the same These Proctors thus to be chosen ought to be graue wise and learned men béeing professors either of Diuinitie or of the ecclesiasticall Lawes and that can wil and be able to dispute in cause of controuersie conuincing of heresies appeasing of Scismes and deuising of good and godly constitutions concerning true Religion and orders of the Church These Proctors thus elected ought to haue resonable allowances for their charges according to the state qualitie or condition of the person as also a respect had to the time the proctors of the Dean and Chapter are to be paid out of the Eschequer of the Cathedrall Churche The Proctors of the Clergie are to be paid of the Clergie among whome a collection is to beleuied for the same according to an olde order vsed among them How and what maner of Knights Citizens and Burgesses ought to be chosen and of their alowances THe Sheriffe of euery Countie hauing receiued his writê ought foorthwith to send his precepts summons to the Maiors Bayliffes and hed Officers of euery Citty Town corporate Borough and such places as haue béen accustomed to send Burgesses within his Countie that they doo choose and elect among them selues two CitizeÌ„s for euery Citty two Burgesses for euery Borough according to their olde custome and vsage And these hed Officers ought then to assemble them selues and the Alder men and commen councel of euery Citty or Town to make choice among them selues of two able and sufficient men of euery Citty or Town to serue for and in the said Parlement Likewise at the next Countie day to be holden in the said Countie after the receipt of this writ the Sheriffe ought openly in the Court of his Shéer or Countie betwéen the houres of viij and .ix. of the fore noon make Proclamation that euery frée holder shall come into the Court and choose two sufficient men to be Knightê for the Parlement then he must cause the writ to be openly and distinctly read whervpon the said frée holders then and there present ought to choose two Knights accordingly but he him self cannot giue any voice neither be chosen These elections a forsaid so past and doon there ought to be seuerall Indentures made betwéen the Sheriffe the frée holders of the choise of the knights and betwéen the Maior and the hed Officers of euery perticuler Cittie Town of the choice of their Citizens and Burgesses and of their names of their mainperners and Sureties Of these IndeÌ„tures the one parte béeing sealed by the Sheriffe ought to be returned to the Clark of the Parlement and th' other parte of the Indentures sealed by such as made choice of the Knights and such as made choice of Citizens and Burgesses vnder the seuerall common seales of their Citties and Townes ought to remain with the Sheriffe or rather with the partyes so elected and chosen The charges of euery knight and Citizen was wunt to be a like which was xiij shillings .iiij. peÌ„ce by the day but now by the Statute it is but viij shillings that is to euery Knight euery Citizen iiij shillings to euery Burgesse the olde vsage to haue v. shillings but now it is but iij. shillings iiij pence limitted by the Statute which alowaunces is to be giuen from the first day of their iorney towards the Parlement vntil the last day of their return from theÌ„ce Prouided that euery such person shal be alowed for so many daies as by iorneyiÌ„g xxvj miles euery day in the Winter and xxx miles in the Summer hée may come and return to and from the Parlement In choice of these Knights Citizens and Burgesses good regarde is to be had that the Lawes customs of the Realme be héerin kept and obserued for none ought to be chosen vnlesse he be resiant and dwelling with in the Shéer Citty or Town for which he is chosen And he ought to be a graue wise learned skilful and of great experience in causes of policies and of such audacitie as bothe canne and will boldely vtter and speak his minde according to duety and as occation shall serue for no man ought to bée silent or dum in that house but according to his talent hée must and ought to speak in the furtheraunce of the King and common welth And the Knights also ought to be skilful in martiall affaires and therfore the woords of the writs are that such should be chosen for Knights as be Cincti gladio not because
by concent shall appoynt and assigne The beginning is at eight of the clock in the morning and dooth continew vntil .xi. of the clock They doo not sit at after noones for those times are reserued for Committies and the Conuocation house In the morning they begin with the Common prayer and Letanye which are openly red in the house Of the King his office and authoritie HAuing declared of all the estates degrées and personages of the Parlement it resteth now to speak also of the King and of his office who is all in all the beginning and the ending and vpon whome resteth and dependeth the effect and substaunce of the whole Parlement for without him and his authoritie nothing can be doon and with it all things take effect neuerthelesse when he calleth and assembleth his Parlement there are sundrye orders whiche of him are to be obserued and which he ought to sée to be kept and executed or els the Parlement surcesseth to be a Parlement and taketh not his effect of whiche orders these be the chéef which doo insue First the King ought to send out his summons to all the estates of his Realme of a Parlemēt assigning appointing the time day and piace Also his summons must be at the least forty dyaes before the beginning of his Parlement Also he must appoint and prouide all such officers as ought to attend the Parlement who must be found at his charges Also the King ought not to make any choice or cause any choice to be made of any Knight Citizens Burgesses Proctors of the Clergie Speaker of the common house or Proloquutor of the Conuocation house but they must be elected and chosen by the lawes orders and customs of the Realme as they were wunt and ought to be and the Kings good aduise yet not to be contemned Also the king ought to graunt permit and allow to all and euery of the estates and to euery perticuler man lawfully elected and come to the Parlement all and euery the auncient fréedoms priuiledges immunitie and customes during the Parlement as also during the times and dayes comming and going to and from the Parlement but yet the same humbly to be requested of his highnes by the Speaker in his oratiō at the beginning of the Parlement Also the King in person ought to be present in the Parlement thrée daies at the least during the time of the Parlemēt that is to say the first day when the whole estates according to the summons make their apparance whiche is called the first day of the Parlement On the second day when the Speaker of the common house is presented which is counted the beginning of the Parlement And the third day which is the last day when the Parlement is proroged or dissolued for vpon these dayes he must be present vnlesse in cace of sicknes or absence out of the Realme for in these caces the King may summon his Parlement by commission and the same is of as good effect as if he were present in person and as for any other dayes he is at his choice and libertie to come or not to come to the Parlement Also the King ought to propone vnto the Parlement house in writing all such things and matters of charge as for whiche he calleth the said Parlemēt and accordingly as the same shal then by the consent of all estates be aduised concluded and agréed so the King either hath to allow or disalowe the same for he can of him self neither adde nor deminish any Bil but accept the same as it is presented vnto him from the estates of the Parlement or els altogither reiect it Also the King as he dooth prefixe and assigne the day and time when the Parlement shall begin so also he must assigne and appoint the time when the same shal be proroged or dissolued whiche ought not to be as long as any matters of charge weight or importaunce be in question and the same not decided nor determined Of the dignitie power and authoritie of the Parlement and of the orders of the same THe Parlement is the hiest chéefest and greatest Court that is or can be within the Realme for it consisteth of the whole Realme whiche is deuided into thrée estates that is to wit the King the Nobles and the Commons euery of which estates are subiect to all suche orders as are concluded and established in Parlement These thrée estates may ioyntly and with one consent or agréemēt establish and enact any Laws orders Statutes for the common welth but béeing deuided and one swaruing from the other they can do no thing for the King though hée be the head yet alone cannot make any Law nor yet the king and his Lords onely nor yet the King and his Commons alone neither yet can the Lords and the Commons without the King doo anything of auail And yet neuerthelesse if the King in due order haue summoned all his Lords and Barons and they wil not come or if they come they wil not yet appéer or if they come and appéer yet wil not doo or yéeld to any thing then the King with the concent of his Commons who are represented by the Knights Citizens and Burgesses may ordain establish any Act or Law which ar as good sufficent and effectuall as if the Lords had giuen their consents But of the contrary if the Commons be summoned and wil not come or comming wil not appéer or appéering wil not consent to doo any thing aledging some iust weightie and great cause The King in these caces cannot with his Lords deuise make or establish any Law the reasons are these when Parlements were first begon and ordained there were no Prelats or Barons of the Parlement and the Temporall Lords were very few or none and then the King and his Commons did make a ful Parlement which authoritie was hetherto neuer abridged again euery Baron in Parlement dooth represent but his owne person speaketh in the behalf of him self alone But in the Knights Citizens and Burgesses are represēted the Commons of the whole Realme and euery of these giueth not consent onely for himself but for all those also for whom he is sent And the King with the consent of his Commons had euer a sufficient and ful authoritie to make ordain establish good wholesome Lawes for the commō welth of his Realme wherfore the Lords béeing lawfully summoned yet refusing to come sit or cōsent in Parlemēt cannot by their folly abridge the King and the Commons of their lawful proceding in Parlement The Lords and Commons in times past did sit all in one house but for the aduoiding of confusion they be now deuided into twoo seuerall houses and yet neuertheles they are of like and equall authoritie euery persō of either of the said houses béeing named reputed coūted a péer of the Realme for the time of the Parlement that is to say equall for Par is equall And
se dederunt 7 Also in the second yéer of King Stephen Anno. 1137. the Lords and Péeres of the Realme remembring the othe they had made to King Henry the first to whome they swore to bée true to Maude the Kings daughter and to her heires and yet contrary to the same had sworne them selues to King Stephen began to repent them selues and consulted how to restore Maude the Empresse wherfore assembling togither in armour did deuide them selues and took sundry Cities Castels And Baldvvin Ridiuers Earle of Deuon with force of Armes tooke this Cittie whom King Stephen pursuing did driue him out of the same to the Islle of VVight then his Lordship But the King when he had receiued the Cittie into his faith did march towards the Isle of VVight and taking the same did banish the said Earle But Maude the Empresse remembring this Cittie for this faith did enlarge the liberties for whom euer after an aniuersary was kept at the charges of the Cittie Howebeit some say that this Baldvvin took Oxforde or Westchester and not Excester and from thence fled to VVight 8 It was also in some trouble in the xi yéere of King Richard the second Anno. 1387. For a controuersie béeing befall betwéen the King and his Vncles the Dukes of York and Glocestre none were then so much in the Kings fauour as Robart Vere Marques of Doublin Michael Dalapool Earle of Suffolke and others of their faction whome the King commaunded to collect and assemble an Armye in and for his defence agaiÌ„st his vncles but they whether they mistrusted their owne parte or whether they were minded to make them selues stronger leuing their iorney towards London came to this Cittie the Dukes vnderstaÌ„ding the same pursued theÌ„ with all spéed and at this Cittie ioyned battail and fought with them but the Marques and the Earle trusting better to their féet then to their hands did preuily flée away into Scotland and froÌ„ thence into flanders where they dyed 9 It was also in great troubles in the time of King Edvvard the fourth for in the x. yéer of his reign Anno. 1469. when the states of King Henry the vj. and King Edvvard the fourth were doutful The Duchesse of Clarence the Lord Dinham the Lord Fitzvvarren and the Baron of Carewe with others who took parte with Henry the vj. came to this Cittie accompanyed with a thousand fighting men the Duches béeing great with childe and lodged in the Bishops place But Sir Hugh Courtney Knight who fauored and was of the parte of King Edward hearing of this raised an armye of his fréends and Allies besieged the Cittie brake down the Bridges and stopped all the waies comming towards the same by meanes wherof no Victualles could come to the market And béeing encamped about the Cittie sent vnto the Mayor requiring him either to open the Gates or to deliuer the gentlemen whiche were within The gentlemen which were within they of their parties either mistrusting the Mayor or Comons or not willing to be ruled vnder his gouernment requied the keyes of the gates to be deliuered into their custody and all things to be doon as at their appointment In which perplexitie and doutful estate the Mayor and his brethern consulting did resolue and determine neither to yéeld to the request of them which were without nor yet to satisfie their requests which were within but pacifying bothe partyes with such honest and quiet meanes as they might did conclude to kéep the Cittie and them selues as to their allegiance appertained to the vse of the Crown wherfore foorthwith they rampred the Gates fortified the Walles and armed their Souldiers and set all things in good order leauing nothing vndoon which might be for the preseruation of the state and common welth of the Cittie But in small processe of time the prouision waxed short and victualles began to be scant where of it was feared a famine would insue the same béeing so hard a thing as so great a number of people would not endure and abide Yet notwithstanding partely by the good peswasions of the Magistrates and hauing a regarde of their owne dutyes and estates and hoping this troublesome time would not long indure did continewe firme and trusty in their cause vntil at length by way of intreatie and mediation of certain Chanons of the Close the siege was after xij dayes remooued and raised whervpon very shortly did insue the féeld at Edgecourt where the Duke of Clarence and the Earle of VVarwick beâ—â—ng put to the worst did flée to this Cittie entring in the third of April lying in the Bishops Pallaice for a few dayes vntil they prouided Shippes at Dartmouth fit for their passage to Calleys The King hauing vnderstanding whiche wayes his enemyes were gon followed and pursewed them with an armye of xl thousand men and came to this Cittie the xiiij of Aprill Anno. 147â— but he came to late the Duke and the Earle beeing gone to the Seaes before his comming wherfore the King after he had reposed him self heer three dayes returned 10 It was likewise in great trouble béeing besieged the xâ—j yéere of the reign of King Henry the vij Anno 1498. by one Parkin VVarbeck who in the beginning of September came to this Cittie and encamped it with Ordinaunce battred the walles fired the gates vndermined the walles and sealed the same but by the noble courage of the Citizens he had small successe béeing manfully resisted vntil suche time as the King aduertised therof did send the Lord Edvvard Courtney Earle of Deuon and the Lord VVilliam his Sonne with other Noble men who reskewed the Cittie and deliuered it from the enemye 11 Finally and last of all it was besieged in the third yéere of King Edvvard the sixt Anno. 1549. by the Commons of Deuon and Cornvvall who not contenting them selues with the state of Religion then established clustered them selues in companyes appointed to them selues Captaines and minded by their force to vndoo that which the Prince by Lawe and Act of Parlement had established wherfore to redéeme all such places of force welth and defence into their owne hands whiche might in any respect serue for their ayde and defence came to this Cittie the second of Iuly 1549. and encamped them selues about the same in great numbers during the time of their abode besieging great troubles arose soÌ„etimes assaultê made sometimes the gates fired soÌ„etimes the walles vndermined some times skirmishes made some great laromes to defeÌ„d the walles against scaling finally nothing was left vndoon which the enemyes might deuise for the obteining of their purpose And albeit there waÌ„ted not lusty stomakes of the Citizens to withstaÌ„d this outward force yet in processe of time such scarcitie of Vitualles did encrease Bread wared so scant that the people began to waxe wery and lothe to abide the extremitie therof whiche was so extreme that
yet the Ethnicks them selues doo holde thoppinion and affirme that vnlesse the lawes be iust and made according to the rule of wisdome and for the cōmon welth it is no law for that is a law Quod sapienti bonoque principi placet cui nil placet nisi quod honestū ac quod seniorū iuditio atque sētentia probatum est fore Republica And surely in my oppinion if it behoueth Princes to be valeant in armes and expert in martiall affaires wherby to with stand the enemye and to represse the rebel much more ought he to be wise and learned that he knowing the lawes and keeping the same may the better gouerne his people in peace and keep them in dutiful obedience Wherfore Iustinian the Emperour in the proheme to the instituts hath this sentence Imperatoriam maiestatem non solū armis decoratam sed et legibus armatam esse oportet vt vtrumque tempus et bellorum et pacis recte possit gubernari an Emperour or a king ought not onely to be skilful in feates of armes but also to be wel learned and instructed in the lawes that he may preuail against his enemye as also peaceably gouerne his Subiects It is also an olde sentence and for the worthines therof grauen in Golde among the professors of the common lawes of this Realme Arma Regum Lex And therfore the Egiptians did think it more honorable and commendable that Kings should be rather learned in good studyes then addicted to martiall feates and therfore their kings did with great diligence apply thē selues to the studyes of wisdōe and knowledge neither did any King emong them think that he did or could gouerne wel vnlesse as in authoritie so also in wisdome vertue and learning he did excell all the rest of his Subiects and people Then if it be so necessary and expedient for the common welth that the same be gouerned by learned and wise rulers and guyded by iust and good lawes how happy blessed fortunate is this realme of Englād which hath foūd both th one thother For neither Athens with their Solon and his lawes Sparto with their Licurgus and his lawes Egipt with Mercurius and his lawes Rome with their Romulus and his lawes The Italians with their Pithagoras and his lawes and finally a number of other famose contries and worthy gouernors of whome great aduaunt is made are not to be compared to this little ile and Realm which in bothe respects hath passed and excelled them all For the Kings and rulers therof not for a short time but in the course of many hundrethes of yeeres haue not been so valeant as wise not so couragious as prudent not so puissant as learned and not so politique in the feeldes as graue in the Senates Likewise the lawes in equitie most vpright in iudgemēts most true and in conscience moste resonable The obseruation and keeping of which lawes hath heertofore preserued this Realme from forain enemyes defended it from ciuil seditions and kept the people in safetie so that is vrified whiche Melanchton writeth of Solon Denique vita hominum tranquilla et honesta manebit seruandi leges dumpia cura manet It resteth now that if we doo minde to be the naturall Children of so wise fore Fathers the obedient Subiects of moste worthy Rulers the obseruers of moste godly and wholsome lawes that like to our ancestors we doo carefully and obedyently in all dutifulnes liue after their race and dispose our selues after their examples for if we doo once yeeld to the breach therof then be assured the destruction of our selues the decay of our posteritie and vtter ruin of our common welth wil shortly and immediatly folow For no longer shall our life be in safetie then we doo dutifully obey the Prince and obediently obserue the lawes The olde and ancient Fathers in the former ages were so straight in this poynt that they would in no wise commit the least breach of any law For Chilo the Lacedemonian was of the oppinion that the common welth could no longer endure then whē the lawes were firmely obserued Heraclitus of Ephesus saith that Citizēs are more bounden to fight for defence of their lawes then for keeping of their walles for with out walles the Cittie might stand but without lawes it could not continew and yet bothe are to be defended Archidamus saith that in all wel gouerned commō welths all degrees and estates of people are like obedient to the order of the lawes as wel the magistrat as the inferior the King as the Subiect Saint Paule saith that he is not the iust man which onely knoweth the lawes Sed qui factis legem exprimit which liuing vnder the law dooth obey and keep the same And surely if we English men would doo the like and folow the steps of such common welths as whose states continued so long as they kept their lawes and also consider how this Realme hetherto by that meanes hath been and is preserued we shall not need to feare of our estate dout of our fall or mistrust of our decay No forain inuations shall preuail against vs nor yet intestine seditions be able to anoy vs for such is the nature of the parlements that all mischeefs inconueniences and euels are foreseen and all good orders deuised as befor the common and publique weale no man of what estate so euer he be can go awry or transgresse his commission but is vnder the order of that assembly and of such ordinaunces as by the same are to be deuised For the King him self although he be the cheefest ruler yet by the laws of this realme he cannot establish order or make any law but onely in Parlement and with aduise and consēt of all the estates and sages of the same which law being kept how can he with tiranny oppresse his people or with exactions ran sack and spoile his commōs If the noble man can be no farther allowed then to do and speak that which shal be liking to the King and his whole Parlement what wrōgs or iniuries can he offer or minister If no mā ought to be a knight of the Parlement vnlesse he be Cinctus gladio that is to say wise prudent expert and politick in martiall affaires what warres can aduisedly or rashly be taken in hand if no man can be a Citizen or a Burgesse ther vnlesse he be ancient wise graue and resiant in the place for whiche he is chosen what euil lawes can passe and be concluded yea what things amisse in any parte of the Realme shall not vpon diclosing foorthwith and spedely be redressed If Salomōs wise and anciēt senators ought to haue place in Parlement what shall the rash and yung coūcellers of Rohobohādo ther If Moises by the aduise of such ancient elders of Israel as were wise valeāt dealed truely feared God and hated couetousnes did direct the people in iudgement and gouern thē in iustice what shall children yungmen and such as
neither fear god nor hate iniquitie which are of no experience or knowledge sit in Senate of the wise and giue iudgemēt emong the graue and learned Finally if the olde Senators and wise Fathers ought there to sit in ancient order and in graue maner what place is there for punies rash heddes and yung men who hauing no learning and lesse experience are caried away as a fether with the winde with euery light toy making no account nor hauing any regarde at all to the publique weale And surely that our Parlements should be kept in such order the good ancient Kings of this realme with great aduise did so ordain and great penalties are prescribed and punishments appointed against such as shal be remisse in obseruing or guiltie in the breach therof If we therfore for whose safetie and preseruation so good and wholsome lawes which haue been made and heertofore obserued should degenerate from our forefathers and be remisse or carelesse in the keeping of the same let vs be assured that as we shall right worthely so shall we assuredly feel the smart therof to the vtter destruction of our selues the subuertion of the common welth and decay of our posteritie for so hath it happened and be fallen to all the estates kingdomes Realmes Citties and common welths of all the world whose destruction and decay began with the contempt and decay of their lawes and orders Where is the wel gouerned estate of the Atheniences What is become of the noble estate of the Romains What is become of the prudent gouernment of the Ephoros in Sparta Nay what is become of the Israelits the chosen people of God are not they driuen out of their owne land and become vagabōds through the whole world are not they so lothesome that all sorts of people doo in a manner shun and abhorre them It is an olde saying Felix quem faciunt aliena pericula cautum happy is he that can beware by an other mannes harme Wel if their be any feare of God in vs if any zeale to our cōmon weale any care of our posteritie or account of our owne safetie let vs haue an ernest regarde to the preseruation of that which is the preseruation of vs Let vs keep that which keepeth vs maintain that which maintaineth vs and defend that whiche defendeth vs Let vs preuent and beware that in choice of the Knights Citizens and Burgesses none be chosen which are straungers to the common welth yung of yeeres weke of discretion and timerose to speak but such as are graue wise anciēt and expert fearing God dealing truely according to the ancient orders lawdable customes and prescribed lawes of this Realme And for asmuch as the orders vsages and customs of the Parlements of this Realme are for the most part and to most men hidden and vnknowen and yet moste expedient and necessary that none should be ignoraunt of them I haue thought good vpon considerations to make a collection of them and finding some alteration and varietie of the Parlements in these dayes from them which were vsed in the elder dayes I haue made the discription bothe of the one and of thother The first and ancientest orders I haue translated out of an olde and an ancient Lattin Record which I haue of the Parlemēts kept in the time of King Edward the Sonne of King Etheldred named Edward the confessor about the yeer of our Lord. 1046 which were duely for many yeeres before and after his dayes kept and obserued The others are of mine owne deuise and collection according to that which I saw and learned at the Parlement holden at Westminster in the xiij yeer of the reign of Queene Elizabeth Anno. 1571. at which I was present being one though vnworthy of the said house and assembly I haue beē the more willing to set the same foorth because I knowe it moste necessary and needful to be knowen and that it toucheth the whole estate and common wealth of this Realme very neer For if the Rulers and gouernours of Citties and townes doo not more carefully look to the choice of their Citizens and Burgesses their states may paraduenture be in daunger to be shaken and their gouernments be in peril to perish And as for zeale and good wil to the whole common welth and my natiue Contrey I haue taken this little trauail so of bounden deutie I haue thought good to offer and presēt the same vnto you partely that a Legiar memoriall of so worthy and necessary a matter might remain and be emong your Records for the better instruction of your selues and all others which shal repair vnto you for the same But cheefly to yeeld my self vnto you moste humble and thankful for your good wil and tender affection towards me for albeit you had the choice of sundry wise men which for their grauitie experience and knowledge farre exceeding me were more fit to haue supplyed a place in that honorable assembly yet you of a good wil conceiuing the best made choice of me preferring me before the wise and ioyning me with the discreet and although by meanes of sicknes the vse of my speech not seruing I could not speak my minde in that pluce as of duety and consciēce I ought and would haue doon yet in such credit of that assembly I was that by a whole and a generall concent of the Parlemēt I was eftsoones chosen to be a Comitte in sundry matters of charge and importaunce and they with whome I was ioyned although they were personages of much honor and great experience yet such credit they gaue to my words and so allowed of my sayings that with good allowance they relyed vnto the same Whatsoeuer credit or cōmendation groweth to me heerby I doo must and wil wholly impute it vnto you And therfore as one bounden vnto you and altogither dedicated to your seruice and commaundement I doo offer this my simple and rude collection vnto your worships praying and beseeching you not to haue respect to the simplicitie rudenes and sclendernes of the matter offred but to the good wil of the offerer I haue before this attempted and begun to to draw and make a discourse of the antiquitie estate and gouernment of this Cittie thinking when I began I should long ere this haue absolued the same and haue offred it vnto you But in the middle of my trauails beeing by your consēts called to folow the weightie affaires of the right worshipful Sir Peeter Carew knight in Ireland I was cut of and dissapointed sithens beeing returned I haue for the moste part been so ouer charged with sicknes and mine affections haue been and are so distempered as that oportunitie and power haue not yet serued to folow the absoluing of that whiche my good wil and ernest desire wissheth Neuerthelesse hauing perused the discription of this Cittie which was of mine owne collection I haue vpon the sight of more matter enlarged augmēted and brought the same to such a perfection
any of the Iustices of England nor that any Iustice hath any aucthoritie in the Parlement except he be assigned to any thing by the King and Péeres of the Parlement And when they be assigned with other Suetors of the Parlement to hear and determin diuers pleaes and peticions to be finished by Parlement yet the twoo Clarks to be immediat subiectê to the King and Parlement in commoÌ„ vnlesse one of the Iudges or two be assigned to examin and ameÌ„d their inrolling And if the péeres of the ParlemeÌ„t be assigned to hear examin any speciall petition after they haue broken their matter they shall giue their sentence and Iudgement in the ful Perlement and the two Clarks inrolle the same and all other plaints and iudgements of the Parlement in the principall of the ParlemeÌ„t and there to deliuer those rolles to the Treasurer before the Parlement be finished Prouided that the said Clarks shall haue a transumpt or Copy of it if they list and these two Clarks shall haue for their expeÌ„ces xiij shillings and iiij pence vnlesse they haue any fees or offices by the king and be dayly waitors hauing meat and drink of the Kings cost and then they to haue .vj. shillings and viij pence euery day during the Parlement Of the fiue Clarks ALso the King shall assigne fiue Clarks wise and approbate of whom the first shall atteÌ„d the Bishops The second the proctors of the Clergie The third the Earles and Barons The fourth the knights of the Shéeres and the fifth the Citizens and Burgesses And euery of them shall haue ij shillings a day vnlesse they be the Kings seruants and haue sufficient liuing of the King then they to haue but xij pence the day which Clarks shall write all doutes betwéen the King and the Parlement and they to be at their couÌ„cels where so euer they be commauÌ„ded And in cace they shal be vacant they shall help the two principall clarks to inrolle their busines Of the causes and douts of the Parlement WHen any breach difficultie of dout or defuse cause of warre or peace dooth appéer within the Realme or without that cace ought to be declared in writing in the ful Parlement there to be treated and disputed among the Péeres of the Parlement and if it be necessary the King shall commaund or in the Kings name it shal be commaunded that euery degrée and the persons of euery degrée of the Parlement shal be present in the parlement and to the Clark of euery degrée in the Parlement the cause breach and dout shall be deliuered and by him at a certain place to be to them deliuered and declared And the vpon they to study imagine and consider how this dout or breach may be prouided for as they in time comming shall make answere for the prseruation of the King them selues and the commons whose persons they doo represent and so in this behalfe they shall make their answere or councel to be written so that euery degrées answere and aduisement heard the whole Parlement to admit and alowe the best and wisest councel and therafter to doo and wheras béen diuers opinions then to incline to the more parte of the Parlement And in cace there be any discorde betwéen the king and any of the estates or betwéen estates wherby the peace of the Realme or the people of the countrie might be disturbed in this cace if the King think it expedient it ought to be commoned of and reformed by the aduise of all the Péeres of the Realme Or in cace the King and Realme béen troubled with warres or a doutful cace be depening before the ChauÌ„celler of England or a defuse iudgement be depending before the Iustices and if in those the Péeres of the degrées of the Parlement cannot agrée then the Earle Steward the Earle Constable and the Earle Marshall or twoo of them shall elect .xxv. persons of euery degrée of the péeres of the Realme that is to say twoo Bishops thrée proctors for the Clergie two Earles thrée Barons fiue knights of the Shéeres fiue Citizens and fiue Burgesses and these .xxv. may condiscend into xij of them selues and these xij into .vj. of them selues and these six may condiscend into thrée but these thrée cannot condiscend into a lesse number without the Kings concent and then those thrée may condiscend into two and the two into one and after his opinion and determination the matter shal be ordered vnlesse the King wil discent as he may and then may he and his councel examin and amend the ordination so it be vnwritten and doon out of the Parlement house without their concents Of matters of the Parlement THe matters whereof the Parlement is holden or kept ought to be deliuered into the Parlement and to be called vpon in manner of a kalender according to euery mannes petition and no respect to be had to any mannes person but that he who layeth first his bil in shal be first heard In the Kalender of the Parlement euery matter ought to be had in memory vnder this manner and forme First of warres if their be any of matters concerning the King and Quéenes person and of their Children Secondly of matters concerning the common weale and to ordain new lawes debarring th' olde lawes made in times past whose execution haue béen preiudiciall Thirdly the matters concerning the priuat weale and these to be examined according to the file and Kalender as is before writen The dayes and houres of the Parlement THe Parlement shal be holden euery day Sundaies Allhallon day all soules day the natiuitie of Saint Iohn the Baptist excepted And euery feriall day it should begin at mid prime time and that houre the king is bound to be in the Parlement and all the péeres of the Realme On the holy daies the parlement shall begin at the prime because of the diuine seruice should be first heard The degrees of the Parlement THe King is head and chéef at the beginning and at th' end of the parlement and to him no comparison is to be made and so the King is one degrée by him self The second is of Archebishops Abbots and Priors holding by Baronyes The third is of the Proctors of the Clergie The fourth of Earles Barons and other estates and gentles holding to the value of an Earledome or Baronye as is before written The fift of Knights of the Shéeres The sixt of Citizens and Burgesses and so the Parlement is of six degrées And it is to be noted that if any of the said degrees be absent after their first lawful monicions or summons the Parlement is not of sufficient effect The forme of the Parlement SIth it is showed vnder what forme euery man ought to be monished and how long time the monitions should be and what they be that should come vnto it it is to be knowen who they be that ought to be monished to come to the Parlement by reason of their offices And also
the Parlement door should not be shut but he kept by the Porter or Sergeaunt at Armes Of the help for the King. THe King was not accustomed to demaūd help of his Realme but onely for war that was instant or for the creation of his Sonnes to bée made knights or his Daughters to be maryed and these helps ought to be demaunded in the ful Parlement and in writing to be deliuered vnto euery degrée and they in writing to make answere And if this help ought to be graunted then euery degrée of the Parlemēt should cōcent therto And it is to be knowen that two Knights or two Citizens or two Eurgesses whiche come to the Parlement in graunting or denying any thing demaunded in the Parlement haue more aucthoritie then the greatest Earle in England And in like cace two proctors for the Clergie in one diocesse haue more aucthoritie then their Bishops in things to be graunted or denyed in Parlement and the reason is this The King may holde his parlemēt for the communaltie of his Realme without Bishops Earles or Barons so that they haue lawful sūmons and come not for some time there was no Bishop Earle nor Baron and yet the King hid kéep his Parlemēt but of the contrary if the communaltie of the Clergie and of the Temporaltie be monished to the parlement as they ought to be by the Law and for certain causes they doo not or wilnot come as if they pretend that the King hath not ruled or gouerned them accordingly and doo therin expresse wherin he hath not ruled them accordingly in this cace the Parlement whiche the King holdeth with the Bishops Earles and Barons is of no effect and therfore in all things that are to be graunted ordayned established or broken by parlement the communaltie of the parlement of necessitie must concent therunto For in the cōmunaltie are conteyned iiij degrées of Parlement that is to say proctors of the Clergie Knights of Shéers Citizens of Cittyes and Burgesses of Townes these persons doo represent the whole cōmunaltie of England wher as th' other estates doo represent but their owne persons For billes and peticions of the Parlement THe Parlement ought not to bée ended whiles any peticion dependeth vndiscussed or at least to whome a determinate aunswere is not made and if the King permit the contrary hée is periured also no Péere of the Parlement shall departe from the same without licence obtayned of the King and of his péeres which licence is to be obteyned in open parlement and to be recorded in rolle of Parlement And if it happen any of the Péeres to be sick during the Parlement so that he cannot come to it then for thrée dayes he shall send his excuse to the Parlement but if after thrée dayes passed he come not then two of his péeres shal be sent to him to sée his person and therof to aduertise the Parlement and if any suspicion be had these two Péeres shal be sworne to testifie the very trueth and if it appéer he haue fained him self sick he then to be amerced as a fault for his not appéeraunce at the beginning of the Perlement and if he be sick then before then he shall make a sufficient to appéer in Parlement for him No person of the Parlement can be excused hauing his helth and memory The ending of the Parlement THe finishing of the Parlement must be assigned appointed and openly proclamed bothe in the Parlement and within the palace of the Parlement And if there be any wil say that he hath no answere of his bil deliuered into the Parlement then the Parlement to continue but if no man so say it is to be supposed that euery man hath remedye or assigned how to haue remedy by the Lawes and at the proclamation made if there be no Billes to be laid in the King may licence his Parlement Of the Coppyes of the Records of the Parlement THe Clark of the Parlement shall deny to no man the coppy of his processe but shall deliuer vnto euery man that demaundeth it taking for euery ten lines a peny And if the party be poore and therupon maketh his othe to haue nothing the rolle of the Parlement shal be tenne inches brode The Parlement shal be kept whersoeuer it shall please the King. THese orders in processe of time did successe and were out of all vse few or no Parlements béeing kept from the time of William the Conqueror vntil the reign of King Edward the first who by th' aduise of his wise learned counsailers prescribed a forme order how the Parlements within this Realme should be obserued and kept which orders also in the course of certain yéeres grew out of vse in many points and the order héer ensuing is that which is in our dayes receiued and vsed THE ORDER AND Vsage how to keep a Parlement in England in these dayes colected by Iohn Vowel alias Hooker gentleman one of the Citizens for the Cittie of Exeter at the Parlement holden at VVestminster Anno domine Elizabethae Reginae decimo Tertio 1571. By whome and for what cause a Parlement ought to be summoned and called THe King who is Gods anoynted béeing the hed and chéef of the whole Realme and vpon whome the gouernment and estates therof doo wholy and onely depend hath the power and authoritie to call and assemble his Parlement and therin to séek aske the aduise councel and assistāce of his whole Realme and without this his authoritie no parlement can properly be summoned or assembled And the King hauing this authoritie ought not to summō his Parlement but for weightie great causes and in which he of necessitie ought to haue the aduise and counsel of all the estates of his Realme whiche be these and suche like as foloweth First for Religion for for asmuche as by the Lawes of God and this Realme the King next and immediatly vnder God is his deputye and Vicar in Earth and the chéefest ruler within his Realmes and dominons his office function and duty is abooue all things to séek and sée that God be honored in true Religion and Vertue and that he and his people doo bothe in profession and life liue according to the same Also that all Idolatries false Religions heresies scismes errors supersticions and what so euer is contrary to true Religion all disorders and abuses either among the Clergie or the Laietie be reformed ordred and redressed Also the assuraunce of the King and Quéens persons and of their Children their aduancement preferment in mariages the establishing of succession the suppression of Traitors the aduoyding or eschewing of warres the attempting or mooving of warres the subduing of Rebelles and pacifying of ciuil warres and commotions the leuying or hauing any aide or Subsidye for the preseruation of the King and publique estate Also the making and establishing of good and wholsome Lawes or the repealing and debarring of former Lawes as whose execution may be
he coÌ„meth sauing that on the right hand of the Speaker next beneath the said Councelles the Londoners and the Citizens of York doo sit and so in order should sit all the Citizens accordingly Without this house is one other in which the vnder Clarkê doo sit as also such as be Suters and attendaÌ„t to that house and when so euer the house is deuided vpon any Bil then the rowme is voided and the one parte of the house commeth down into this to be numbred The office of the Speaker of the lower house THe chéef or principall Officer of this house is the Speaker and is chosen by the whole house or the more parte of them he himself béeing one of the same number and a man for grauitie wisdome experience and learning chosen to supplye that Office during the time of the Parlement and is to be presented to the King the third day folowing His Office is to direct and guide that house in good order and to sée the ordinaunces vsages and customs of the same to be firmely kept and obserued When he is presented vnto the King sitting in his estate royall in the Parlement house for the purpose he must then and there make his oration in commendation of the Lawes and of the Parlement whiche doon then he hath in the name of the house of the commons to make to the King thrée requests First that it may please his maiestie to graunt that the commons assembled in the Parlement may haue and inioy the ancient priuiledges customes and liberties as in times past haue appertayned and béen vsed in that house Then that euery one of the house may haue libertie of spéech and fréely to vtter speake and declare his minde and oppinion to any Bil or question to be proponed Also that euery Knight Citizen and Burgesse and their seruants may haue frée comming and going to and from the said Parlement as also during the time of Parlement and that they nor any of their Seruants nor retinewe to be arested molested sued imprisoned or troubled by any person or persons And lastly that if he or any other of that company béeing sent or come to him of any message and doo mistake him self in dooing therof that his Maiestie wil not take the aduantage therof but gratiously pardon the same He must haue good regarde and sée that the Clark doo enter and make true records and safely to kéep the same and all such Billes as be deliuered into that house He must on the first and third day and whensoeuer he els wil call the house by name and record their defaults All billes to be brought and to be presented into that house he must receiue and deliuer to the Clark. He ought to cause and command the Clark to read the Billes brought in plainly and sensibly which doon he must bréefly resite and repete th' effect and meaning therof Of the Billes brought in he hath choice which and when they shal be red vnlesse order by the whole house be taken in that behalf Euery Bil must haue thrée readings and after the second reading he must cause the Clark to ingrose the same vnlesse the samr be reiected and dashed If any Bil or message be sent from the Lords he ought to cause the messengers to bring the same vnto him and he to receiue the same openly and they béeing departed and gone he ought to disclose and open the same to the house If when a Bil is red diuers doo rise at one instant to speak to the same and it cannot be discerned who rose first then shall he appoint who shall speak neuerthelesse euery one shall haue his course to speak if he list If any speak to a Bil and be out of the matter he shall put him in remembrance and wil him to come to the matter If any Bil be red thrée times and euery man haue spoken his minde then shall he aske the house whether the Bil shall passe or not saying thus as many as wil haue this Bil passe in maner and forme as hath béen red say yea then the affirmatiue parte say yea as many as wil not haue this Bil passe in maner and forme as haue béen red say no. If vpon this question the whole house or the more parte doo affirme and alowe the Bil then the same is to be sent to the higher house to the Lords But if the whole house or the more parte doo denye the Bil then the same is dashed out and to be reiected but if it be doutful vpon giuing of voices whether side is the greater theÌ„ must a deuision be made of the house and the affirmatiue parte must arise departe into the vtter rowme which by the Sergeant is voided before hand of all persons that were there and then the Speaker must assigne two or foure to number them first which sit within then the other which be without as they doo come in one by one and as vpon the triall the Bil shal be alowed or disalowed by the greater uumber so to be accepted as is before said If vpon this triall the number of either side be like then the Speaker shall giue his voice and that onely in this point for other wise he hath no voice Also if any of the house doo misbehaue him self and breke the order of the house he hath to reforme correct and punish him but yet with the aduise of the house If any forrain person doo enter into that house the assembly therof béeing sitting or doo by arresting any one persoÌ„ thereof or by any other meanes breke the liberties and priueledges of that house he ought to sée him to be be punished Also during the time of the Parlement he ought to sequester him self from dealing or intermedling in any publique or priuate affaires and dedicate and beÌ„d him self wholly to serue his office and function Also he ought not to resorte to any noble man counceller or other person to deal in any of the Parlement matters but must and ought to haue with him a compitent number of some of that house who may be witnesses of his dooings Also during the time of Parlement he ought to haue the Sergeant of Armes with his mace to go before him Also he hath the libertie to send any offender either to Sergeants warde or to the Tower or to any other prison at his choice according to the qualitie and quantitie of the offence He hath allowance for his diet one hundred pounds of the King for euery Sessions of Parlement Also he hath for euery priuate Bil passed bothe houses and enacted fiue pounds At th' end and on the last day of the Parlement he maketh his oration before the King in moste humble maner declaring the dutiful seruice and obedience of the Commons then assembled to his Maiestie as also moste humblye praying his pardon if any thing haue béen doon amisse Of the Clark of the lower house THere is onely one Clark belonging to
this house his office is to sit next before the Speaker at a Table vpon which he writeth and layeth his books He must make true entrie of the recordes and Billes of the house as also of all the orders therof The Billes appointed vnto him by the Speaker to be red hée must read openly plainly and sensibly The Billes which are to be ingrossed he must doo it If any of the house aske the sight of any Bil there or of the book of the orders of the house he hath to deliuer the same vnto him If any desire to haue the copy of any Bil he ought to giue it him receiuing for his paines after ten lines a peny He may not be absent at any time of sitting without speciall licence He ought to haue for euery priuate Bil passed and enacted forty shillings He hath allowed vnto him for his charges of the King for euery Sessions ten pound Of the Sergeant or porter of the lower house THe Sergeant of this house is commonly one of the Kings Sergeants at Armes and is appointed to this office by the king His office is to kéep the doores of the house and for the same he hath others vnder him for he him self kéepeth the door of the inner house wher the commons sit and séeth the same to be clene Also he may not suffer any to enter into this house during the time of the sitting there vnlesse he be one of the house or be sent from the King or the Lords or otherwise licenced to come in If any such person doo come he ought to bring him in going before him with his Mace vpon his shoulder If any be commited to his warde he ought to take charge of him and to kéep him in safetie vntil he be required for him If he be sent for any person or to go in any message hée must leaue a substitute behinde him to doo his Office in his absence He must alwaies attend the Speaker and go before him carying his mare vpon his shoulder His allowance during the time of the Parlement is xij d. the day of the Kings charges Also he hath of euery Knight and Citizen ij shillings and vj. pence and of euery Burgesse ij shillings If any be commaunded to his warde he hath of euery such Prisoner by the day .vj. shillings and .viij. pence If any priuate Bil doo passe and be enacted he hath for euery such Bil .xx. shillings Of the Conuocacion house THe conuocation house is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie And this their house is called the higher Conuocation house the other béeing named the lower Conuocation house Bothe these houses haue their seuerall Officers orders and vsages eche Officer hath his peculier charge and function as also certain allowances euen as is vsed in the Parlement houses of the Lords and commons The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before theÌ„ either of their owne motions or from the higher Court of Parlement or from the lower house of Conuocation or from any priuate person Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée which degrées are knowen by such degrées and offices in the Church as to euery of them is assigned for one hath the personage of a Preest an other of a Deacon this is a SubdeacoÌ„ he is a Sex ten and so foorth as such officers were wunt to be in the Church The Bishops doo not sit at the fore noon but onely at the after noon because they béeing Barons of the higher house of parlement doo resorte and assemble them selues there at the forenoones with the Temporall Lords The Conuocacion house of the rest of the Clergie doo obserue in a maner the like orders as the lower house of the commons doo vse for béeing assembled togither on the first day with the Bishops are by them willed to make choice of a Speaker for them whome they call the Proloquutor when they haue chosen him they doo present him vnto the Bishops and he thus presented maketh his oration and dooth all things as the Speaker of the lower house for the Commons dooth as wel for the ordering of the Clergie and of the house for his order in sitting the order in speaking the order of recording the things doon emong them and all other such like things And this is to be vnderstanded that the whole Clergie can deale and intreat but onely of matters of Religion and orders of the Church whiche their dooings conclusions cannot binde the whole Realme vnlesse they be confirmed by Act of Parlement but yet sufficient to binde the whole Clergie to the kéeping therof so that the King who is the supreme gouernour of bothe estates doo consent and confirme the same And forasmuch as by knowing the orders of the Parlement house you may also knowe the orders of bothe the Conuocation houses which are like and correspondent to y others These shall suffise for this matter Of extraordinary persons which ought to be summoned to the Parlement BEsides the personages of the former degrées which ought to be summoned to the parlement the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house namely the two chéef Iustices and their associates of the Kings bench and the common places the Barons of the Eschequer the Sergeants the Attorney the Soliciter the Maister of the Rolles and his fellowes of the Chauncerye The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes Also if any Bil be conceiued and made disorderly they ought to amend and reforme the same vpon order and commaundemet to them giuen Also they must attend to come and go at the commaundement of the King and Parlement Also they may not speak nor giue aduise but when they be asked and put to question Also they haue no voice in Parlement because they are commonly councellers to the same They are all retained at the Kings charges Likewise all officers of the Parlement are to be summoned as namely the Chaunceller of the Parlement the Clarks the Sergeants the Porters and such others who likewise are retained at the Kings costs Of their offices and charges it is alredy perticulerly declared Of the dayes and houres to sit in Parlement ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes as namely the feasts of All hallown day Christmas Easter Whitsontide and Saint Iohn the Baptistê day also such other dayes as the Parlement
THE ORDER AND vsage of the keeping of a Parlement in England AND THE DEScription of tholde and ancient Cittie of Excester Collected by Iohn Vovvel alias Hooker gentleman Floret Virtus in aetaernum TO THE RIGHT VVORSHIPFVL graue and prudent the Maior and Senators of the moste ancient and honorable Cittie of Excester Iohn Vowel alias Hooker gentleman and Chamberlain of the same wisheth a happy successe in gouernment with the long continuance therof to the benefit of the publique welth and increace of vvorships WHEN I DO THINK and consider right worshipful of the noble state and great maiestie of the high Courts of Parlements of this Realme which for the exellēcie and worthines therof is of all true English men to be honored and imbraced I doo foorthwith fall in great dislike as wel with my self as with others which beeing in learning ignoraunt in wisdome weke in experiēce vnskilful and in euery respect very vnfit for such an honorable assembly should be chosen and admitted to the same For by the ancient orders and prescribed lawes of this land onely such are tobe elected and to haue place there as for grauitie wisdome knowledge and experience are reputed and knowen to be the moste chosen and principall personages of the whole land and Realme And this court beeing in authoritie highest and in power cheefest none should to be thorderers Iudges and councellers therof but such as in vertues and good conditions are answerable to the same The order therfore among the Romains was that none should be receiued or allowed to be of their Senate house vnlesse he were graue in yeeres and wel experienced in common affaires of the publique welth The Lacedemonians admitted none to be an Ephorus amōgst them but that he were a tryed man for knowledge and experience The Athenians would be assured that he should be wise and lerned that should be of their counsail The like order also was and is within this Realm the same being deriued and taken cheefly from emong the Romains emong and vnder whome diuers of tholde and ancient Kings of this Realm haue ben bred and brought vp And by meanes of the wisdome learning and knowledge learned emong them haue not onely attained to the Septer of this realme but also some of them haue been the monarches and Emperours of the whole world These good Kings and Princes I say finding this land by disordered life lawles libertie and lose behauior to be brought to an vtter ruin decay and desolation no reason longer ruling nor good order allowed then as priuat affections and selfwil would allow and like of after many deuises consultations and attempts for redresse no way could be found so good no remedie so present nor help so speedy as to erect and establish a Senate of the most graue wise and expert personages of the whole Realme called by the name of a Parlement For as Patricius in his third Book De institutione Reipub ▪ saith The best order of gouernmēt of the common welth procedeth alwais frō tholde and ancient Senators which are reputed and taken to be the fathers of the common welth For as fathers for their Children so these for the cōmon welth are moste careful and tender And albeit the King or prince be neuer so wise learned and expert yet is it impossible for any one to be exact and perfit in all things but a Senate of wise graue learned and expert men beeing assembled in councel togither they are as it were one body hauing many eyes to se many feet to go and many hands to labour withall and so sircum spect they are for the gouernment of the commōwelth that they se all thīgs nothing is hid or secret nothing is straunge or new nothing is to great or weightie to them but whether it be in causes of war or of peace they wil be wel aduised and measure all things with good reason circumspection and policie Moyses therfore although hauing talked with God face to face he were aboue all others most wise discreet and learned yet not trusting all togither to his owne wittes made choice of all thelders of Israel and by their councel did order and direct the publque state cōmon welth of his people and likewise beeing councelled by his father in law Iethro to prouide emong all his people strong couragiouse and valeāt men and such as feared God dealed truely and hated couetousnes to be rulers ouer the people to gouern and iudge them he did so onely the greatest and weightiest matters whiche touched God were brought before him alone Wherfore according to the good profitable and ancient orders of the Romaīs and Israelits these good Kings doo erect a Senate or Parlemēt Lawes are prescribed how the same shuld be kept orders made what manner of persons shal be elected and chosen for the same and constitutiōs setfoorth how and in what sort lawes and ordinaunces shal be made for the benefit of the common welth And surely these good and wholsome orders being put in vre and execution the benefit therof grew so much in short time that there was as it were a Metamorphoses of the state of the publique weale in those daies for what Sedition and contention had disordred good order and concord recouered What loosenes and dissolutnes of life had marred honest be hauiour restored What disobedience had decayed loiable obedience amēded And finally what soeuer by any disorder was amisse was by these meanes reformed and redressed and the euils which were crept and brought in by ambition couetousnes debate malice or enuy were so reformed as that the people beeing better gouerned and instructed would not be caryed with euery affection neither yet prefer priuate profit and wilful lusts before the common and publique welth Lo suche are the frutes which grew of the Parlements and thus doth it fare in all estates where good men doo rule wholsome lawes are made and good order kept and obserued and so long doo common welths florish as when prīces do rule and gouerne by law and people loyally obeying doo liue vnder law Erasmus in his Book De institutione principis Christiani ▪ saith that good lawes vnder a good Prince doo make a happy Realme and fortunate gouernmēt Cuius tum felicissimus est status cum principi paretur ab omnibus atque ipse Princeps paret legibus leges autem ad architypum aequi et honesti respondēt nec alio spectant quam ad Rem communē in melius prouehendam Whose state is then moste fortunate when the people doo obey the Prince and the Prince obeyeth the lawes and when lawes bee made iust and right and for the better aduauncement of the common welth And surely these are so in seperable that in a good commō welth they cannot be disseuered but a good Prince and good lawes must be concurrant for although it be a rule that Quod principi placet legis habet vigorē that Prīces heasts ar lawes
they shall come into the Parlement house in armoure or with their Swoordes but because they should be suche as haue good experience and knowledge in feates of Warre and of martiall affayres whereby they may in suche caces giue the King and Realme good aduise and councel likewise they ought to be Lay men and of good fame honestie and credit béeing not vtlawed excoÌ„municated or periured or otherwise infamose for such persons ought not to haue place or to be admitted into the Parlement house The degrees of the Parlement IN times past there were six degrées or estates of the Parlement whiche euery of them had their seuerall officers and ministers of attendaunce but now the same are reduced into foure degrées The first is the King who in his personage is a ful and whole degrée of him self and without whome nothing can be doon The second degrée is of the Lords of the Clergie and of the Temporaltie and are all called by the names of Barons The third is of knights Citizens and Burgesses and these be called by the names of the communaltie The fourth is of the Clergie which are called by the name of conudcacion and these persons haue no voice in the Parlement nether can they doo any thing other theÌ„ to intreat in causes of Religion which from them is to be commended to other estates Of the places and houses of the Parlement AS it lyeth in the King to assigne and appoint the time when the Parlement shall begin so that he giue at the least forty dayes summons so likewise he may name and appoint the place where it shal be kept but wheresoeuer it bée kept th' olde vsage and maner was that all the whole degrées of the parlement sat togither in one house and euery man that had there to speak did opeÌ„ly before the king and his whole Parlement but héerof did growe many inconveniences and therfore to auoid the great confusions which are in such great assemblies as also to cut of th' occasions of displeasures which eftsoones did happen when a mean man speaking his conscience fréely either could not be heard or fel into the displeasure of his betters and for sundrye other great gréefs did deuide this one house into thrée houses that is to wit the higher house the lower house and the conuocation house In the first sitteth the King and his Lords spirituall and Temporall called by the name of Barons and this house is called the higher house The second is where the Knights Citizens and Burgesses doo sit and they be called by the name of Commons and this house is called the lower house The third is where the prelats and Proctors of the Clergie sit béeing called by the name of the Clergie and this house is called the conuocation house of euery of these houses their orders and officers we wil bréefly subuect and declare perticulerly in order as foloweth Of the higher house THe higher house as is said is where the King and his Barons doo sit in Parlement where the King sitteth highest and the Lords and Barons beneath him eche man in his degrée the order is this The house is much more in length then in breadth and the higher end therof in the middle is the Kingê seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right haÌ„d there is a long bench next to the wall of the house whiche reacheth not so farre vp as the Kings seat and vpon this sit the Archbishops and Bishops euery one in his degrée On his left hand there are two like beÌ„ches vpon the inner sit the Dukes Marquesses Erles and Vicounts On the other which is the hindermoste next to the wall sit all the Barons euery man in his degrée In the middle of the house betwéen the Archbishops seat and the Dukes seat sitteth the Speaker who commonly is the Lord Chaunceller or kéeper of the great Seale of England or the L. chéef Iustice of England as pleaseth the King who dooth appoint him and he hath before him his two Clarks sitting at a Table before them vpon which they doo write and lay their Bookes In the middle rowme beneath them sit the chéef Iustices and Iudges of the Realme the Barons of the Eschequer the Quéenes Sergeants and all such as be of the Kings learned Councel either in the common Lawes of the Realme or of the Ecclesiasticall lawes and all these sit vpon great Wool sacks couered with red cloth At the lower end of all these feates is a bar or a Rail betwéen which and the lower end of the house is a void rowme seruing for the lower house and for all Sutors that shall haue cause and occasion to repair to the King or to the Lords This house as it is distinct from the others so there bée distinct Officers to the same belonging and appertaining whiche all be assigned and appointed by the King and all haue allowances for their charges at the Kings hands of which Officers what they are what is euery of their offices and what allowances they haue shal be written in order héerafter Of the Officers of the higher house and first of the Speaker and of his office THe chéefest Officer of the higher house is the Speaker who is appointed by the King and commonly he is the Lord Chaunceller or kéeper of the great Seale or Lord chéef Iustice of England his office consisteth in diuers points First he must on the first day of the Parlement make his oration in the higher house before the king his Lords and commons then there declare the causes why the King hath summoned that parlement exhorting and aduising euery man to do his office and duty in such sorte as may be to the glory of God honor of the King and benefit of the common welth Also he must make one other oration but in way of answere to the Speakers Oration when he is presented to the King. Likewise he must make the like on the last day of the Parlement and you shall vnderstand that vpon these thrée dayes he standeth on the right hand of the King néer to his seat at a bar there appointed for him but at all other times he sitteth in the middle of the house as is before said When he hath ended his oration vpon the first day he must giue order vnto the lower house in the Kings behalf willing them to repair vnto their house and there according to their ancient order and customes make choice of their Speaker All Billes preseÌ„ted vnto the higher house he must receiue which he hath foorthwith to deliuer to the Clarkes to be safely kept All Billes he must cause to be red twise before they be ingroced and béeing red thrée times he must put the same to question If any Bil put to question doo passe with their conseÌ„t then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
therfore the oppinion censure and iudgement of a mean Burgesse is of as great auail as is the best Lords no regarde béeing had to the partie who speaketh but the matter that is spoken They be also called Péeres as it were Fathers for Pier is a Father by which is ment that all such as be of the Parlement should be auncient graue wise learned and expert men of the land for such were the Senators of Roome and called Patres conscripti for the wisdome and care that was in them in gouerning of the common welth They are also called Councellers because they are assembled and called to the Parlement for their aduise and good councel in making and deuising of suche good orders and Lawes as may be for the common welth They therfore which make choice of Knights Citizens and Burgesses ought to be wel aduised that they doo elect and choose such as béeing to be of that assemblye and therby equall with the great estates should be graue auncient wise learned expert careful men for their commonwelth and who as faithful and trusty councellers should doo that whiche should turn and be for the best commoditie of the common welth otherwise they doo great iniury to their Prince and common weale Also euery person of the Parlement during the times of the Parlement and at his comming and going from the same is frée from all troubles arrests and molestations no action or sute taking effect which during that time is begun entred or commenced against him in what Court so euer the same be except in causes of Treason Murder and Fellony and except also executions in Law awarded and graunted before the beginning of the Parlement Also euery person hauing voices in Parlement hath frée libertie of speach to speak his minde oppinion and iudgemeÌ„t to any matter proponed or of him self to propone any matter for the commoditie of the Prince and of the common welth but hauing once spoken to any Bil he may speak no more for that time Also euery person once elected and chosen a knight Citizen or Burgesse returned cannot be dismissed out of that house but béeing admitted shall haue his place and voice there if he be a Lay man But if by errour a man of the Clergie be chosen then he ought and shal be dismissed also if he be excomunicated outlawed or infamose Also euery one of these houses ought to be incorrupt no briber nor taker of any rewards gifts or money either for deuising of any bil or for speaking of his minde but to doo all thingê vprightly and in such sorte as best for the King and common welth Also euery one ought to be of a quiet honest and gentle behauiour none taunting checking or misusing an other in any vnséemly woords or déds but all affections set a parte to doo and indeuer in wisdome sobrietie knowledge that which that place requireth Also if any one doo offend or misbehaue himself he is to be corrected and punished by the aduise and order of the residue of the house Also all the Prisons wardes gailes within the Realme and the kéepers of the same are at the commaundement of the Parlement for the custodie and safe kéeping or punishment of all and euery such Prisoners as shal be sent to any of them by the said Palrement houses or any of them how beit moste commonly the Tower of London is the prison which is moste vsed Also if any one of the Parlement house be serued sued arrested or attached by any writ attachment or minister of the Kings bench Common place Chauncery or what Court soeuer within this Realme the partie so troubled and making complaint therof to the Parlement house then foorth with a Sergeant at Armes is sent to the said Court not onely aduertising that the partie so molested is one of the ParlemeÌ„t house but also inhibiting and commaunding the Officers of the said Court to call in the said processe and not to deale any further against the said partie for the Parlement béeing the hiest court all other Courts yéeld and giue place to the same Also as euery one of the Parlement house is frée for his owne person for all maner of sutes to be commenced against him so are also his Seruants frée and not to be troubled nor molested but beeing troubled haue the like remedie as the Maister hath or may haue Also no manner of person béeing not one of the Parlement house ought to enter or come within the house as long as the sitting is there vpon pain of imprisonment or suche other punishment as by the house shal be ordred and adiudged Also euery person of the Parlement ought to kéep secret and not to disclose the secrets and things spokeÌ„ and doon in the Parlement house to any manner of person vnlesse he be one of the same house vpon pain to be sequestred out of the house or otherwise punished as by the order of the house shal be appointed Also none of the Parlement house ought to departe from the Parlement without speciall leaue obteyned of the Speaker of the house and the same his licence be also recorded Also no person béeing not of the Parlement house ought to come into the same during the time of the sitting so euery one comming into the same oweth a dutie and a reuerence to be giuen when he entreth and commeth in If a Baron or a Lord come and enter into the higher house he ought to doo his obeysaunce before the cloth of estate and so to take his place Also when he speaketh he must stand bare headed and speake his minde plainly sensibly and in decent order If any come in message or be sent for to the higher house they must stay at the inner door vntil they be called in then béeing entred must first make their obeysauÌ„ce which doon to go to the lower end of the house their to stay vntil they be called and béeing called they must first make one lowe courtesie and obeisauÌ„ce and gooing forwards must in the middle way make one other lowe curtesie and then béeing come foorth to the Barre must make the third curtesie the like must be doon at the departure Also when any Knight Citizen or Burgesse dooth enter and come into the lower house he must make his dutiful and humble obeysaunce at his entry in and then take his place And you shal vnderstaÌ„d that as euery such person ought to be graue wise and expert so ought he to show him self in his Apparail for in times past none of the councellers of the Parlement came otherwise then in his gown and not armed nor girded with weapon for the Parlement house is a place for wise graue and good men to consult debate and aduise how to make Lawes and orders for the common welth and not to be armed as men redy to fight or to trye matters by the Swoord and albe it the writ for the election of the Knights haue expresse woords