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A86394 The manner of holding Parliaments in England. Collected forth of our ancient records. Whereunto is added. Certaine ancient customs of this kingdome. The prerogative and power of Parliaments. The order and forme of the placing and sitting of the Kings Majesty and peeres in the upper house of Parliament. The order and course of passing bills in Parliament. With the stately and magnificent order, of proceeding to Parliament, of the most high and mighty prince, King Charles, on Monday the 13th. of Aprill 1640. in the 16th. yeare of his Majesties reigne, first on horse backe from White Hall to Westminster-Abby-Church, and from thence on foot to the Parliament house. Hakewill, William, 1574-1655. 1641 (1641) Wing H214; Thomason E157_11; ESTC R212700 24,894 61

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disturbed in the Courts of Justice by ill customs undue execution of the Lawes oppression c. From this high Court lies no appeale the determination there of being presumed to be the act of every particular Subject who is either present personally or consenting by his Assignee suffraged by himselfe This honourable Assembly consists of two houses Vpper and Lower The upper is made up by the Lords Spirituall and Temporall as Archbishops Bishops Dukes Marquesses Earles Viscounts Barons no member of that house being under the degree of a Baron all which await the writ of Summons without which no place no vote there and none may absent themselves after Summons without speciall proxy from his Majesty whence he hath power to depute one of the said members to give his voyce for him in absence His Majesty who by his Prerogative Royall hath the Sole power as of calling so dissolving his honourable Assembly sits in a Throne in the upper end of the hous on his right hand the Prince of Wales on the left the Duke of York The greatest officers of the Kingdom as the Lord-keeper who is the Speaker or mouth of the House Treasurer Privy Seale c. have places some on the right some on the left hand of the Throne the forme where of is recited in the Statute of 31 Henry the 8. The manner of giving voyces in the upper house is thus The Lords Spirituall and Temporall in their Parliamentary Robes they youngest Bishop reades prayers those being ended the Clarke of the House readeth the Bills being first writ in paper which being once read he that pleaseth may speak either for or against it The manner of the Lower house is in this sort The first day each member is called by his name every one answering for what place hee serveth that done they are willed to choose their Speaker who though nominated by the Kings Majesty is to be a member of that house their election being made he is presented by them to the King sitting in Parliament where after his Oration or Speech the Lord keeper approving in behalfe of the King hee Petitions his Majestie in behalfe of the House First for their priveledges from all molestations during the the time of sitting Secondly that they may enjoy freedom of speech Thirdly that they may have power to correct any of their owne members that are offenders Fourthly to have favorable accesse to his Maiestie upon all occasions The Speaker in behalfe of the House of Commons promising regard full respect as befitting loyall and dutifull Subjects The use of the Parliament Consists in abrogating ould or making new Lawes reforming all grievances in the Common wealth whether in Religion or intemporal affairs setling succession to the Crowne grants Subsidies c. and in Sum may be called the great Physitian of the Kingdom or Republique The Speakers place in the House of Commons The Speaker sits in a Chaire placed somewhat high to be seene and heard the better of all the Clarkes of the House sits before him in a lower seat who reades such Bills as are first propounded in their House or sent downe from the Lords for in that point each House hath equall authority to propound what they think meet All Bills be thrice in three severall daies read and disputed on before put to question and so good order is used in the House that he that intends to speake to any Bill stands up bare-headed for no more hen one speakes at a time speaking to the Speaker not one to another being against the rule of the House and he that speaketh is to speake no more that day to the Bill he hath spoken to to avoyd spinning needlesly out of time and their speeches must be free from Taunts of their felow members that are of cōtrary opinions The Speakers Office is when a Bill is read as briefly as he may to declare the effect thereof to the House and to Bills first agreed on by the Lords and sent to the Commons for assent if they doe assent then are they returned subscribed thus Les Communs ont assentus So likewise if the Lords agree to what is sent to them from the House of Commons they subscribe Les Seigneurs ont assentus If the two Houses cannot agree every Bill being therice read in each House then sometimes the Lords sometimes the Commons require a meeting of some of each House whereby information may be had of each others mind for the preservation of a good correspondency betweene them after which meeting for the most part though not always either part agrees to the Bill in question The assent or dissent of the upper House is each man severally by himselfe and then for so many as he hath by proxy they saying onely content or not content and by the Major part it is agreed to or dashed But in the Lower House no member can give his voyce to another by Proxy the Major part being present onely maketh the assent or dissent After a Bill is twice read there and engrossed being disputed on enough as conceived the Speaker asketh if they will goe to question and if agreed to holding the Bill up in his band sayeth As many as will have this Bill passe concerning such a matter say yea and those that against it no and if it be a doubt which cry is bigger the House is divided the one part that agrees not to the Bill being bid to sit still those that do to goe downe with the Bill so plurality of voyces allowes or dashes But no Bill is an Act of Parliament Ordinance or Edict of Law though both the Houses unanimously agree in it till it hath the Royall Assent Touching the Royall Assent When Bills are passed by both the Houses they ought to have for approbation the Royal Assent which usually is deferred till the last day of the Sessions but may be given at any time during the Parliament touching which it hath been a question much debated whether the Royal Assent given to any one Bill doth not ipso facto conclude that present Session the question is of great consequence for if thereby the Session be at an end then ought every other Bill although passed both the Houses to be read againe three times in either House and to have the same proceeding as it had at first as if nothing had been formerly done therein so must it be done of all other Acts of the House But the first Session of the first Parliament of King Iames the House being then desirous to have a Bill passed forthwith by the Royall Assent which should be security to the Warden of the Fleet touching the delivery of Sir Thomas Sherly out of execution for it was then questionable whether he was subject to an action of escape did agree that the giving of the Royall assent to one Bill or moe did not dissolve the Sessions without some speciall declaration of his Majesties pleasure to that purpose 18. Aprill 1604. And likewise in the Journall Anno. 1 2. phil. Mariae 21 Novem. that the King and Queene came on purpose into the Parliament House to give their Assent to Cardinall Pooles Bill and upon question made it was then resolv'd by the whole House that the Session was not thereby concluded but that they might proceed in their busines notwithstanding the Royall Assent given At the giving of the Royall assent it is not requisit the King should be present in person for by the expresse word of the Statute of 33 Henry the 8 Cap. 21. that the Kings Royall assent by his Letters Patents under his great Seale signed by his hand and declared and in notified in his absence to the Lords Spirituall and Temporall and to the Commons assembled in Parliament is and ever was of as good strength and force as if the King had been there in person personally present and had assented openly and publikely to the same according to which Statnte the Royall assent was given by Commission Anno 38. H. 8. unto the Bill for the attainder for the Duke of Norfolk The manner of giving the Royal assent The Royall assent is given in this sort after some solemnities ended the Clark of the Crowne readeth the Titles of the Bills in such order as they are in consequence as the Title of every Bill is read the Clearke of the Parliament pronounceth the Royall assent according to his instructions given him by his Majesty in that behalfe if it be a publike Bill to which the King assenteth hee answereth Le Roy Le voet If a private Bill be allowed by the King the answere is Soit fait come il est desire If a publique Bill which the King forbeareth to allow Le Roy se amsera To the Subsidie Bill Le Roy remercie ses Loyaulx Subjects accept benevolence et ausi le voult To the generall Pardon Les Prelates Seigneurs et Commonsen cest present Parliament assemblies en nom de touts voue autres subiects remercient tres humblement vestre Maiestie et preut dieu vous donere eu suite bene vie et longe FINIS Per Comitatum et Baron summoneri debent Minores ●…erisi non summoneri debent sed si eorum presenia necessariafuerit Rexsolibat talibus brevia suamittere re●ans quod Parliomosuo inseressens Summoneri debentomnes et singuli comiter Barones et eor pares Qui tenent ad valentunius Comitat vel Baron. integra Minores laici summoneri non debent DEcasibus et Iudicus difficilibus Cum dubltat et difficilis Casus pacis vel guerne emergat c.
side and if any shall object against me in this point unto him I will oppose either the force of time or the carelesnesse and lack of looking unto But customes are still like themselves nor must we detract from the authority of Kings who although they have such supereminent and undeterminate prerogative as that they may seeme sometimes to have of favour granted some things beside the Law yet it shall nor appeare them requested to have done or yet suffered to have been done any thing contrary to the custom of Stocks and Families so sometimes they not regarding the solemnities of Ceremonies and Charters have onely by their becks that I may so say suffered dignities and honours to be tranferred as in Ranulph Blundevill Earle of Chester and of Lincolne to be seene for the Earldome of chester he permitted after the manner to disceud to Iohn the Scot his Nephew by Maude the elder of his Sisters But the Earledome of Lincolne the King thereunto consenting he yet alive delivered unto Hawisia another of his Sisters then married to Robert Quincy by his Deede in the 7th yeare of Henry the third These things I say were of old and ancient time but at this day not so for such is the force of time and change in altering the formes of things as that in eating out of the old bringeth still in new so unto Earles whom we said in ancient time to have been rewarded with the third penny of the province whereof they were Earles to maintaine their honour and dignity a certaine some of money is at this day yearely paid them out of the Exchequer and they the titles of such places as wherein they have no jurisdiction administration or profit at all Barons also who as the Fathers and Senators in ancient times among the Romans were chosen by their Sestercia were in like manner wont to be esteemed and valued by Knights fees for why he which had and possessed thirteene Knights fees and a little more was to be accounted among the Barons are now more seldom times chosen for their vertue their great wealth and large possessions Neither is there any let but that a man may hould and still retaine the name and title of a Barony the head of which Barony as they terme it he hath afterward sould or alienated to some other common person In briefe our Kings Royall Majesty is alwaies like it selfe constant and the same which having regard to the vertue stock wealth and substance of any man whereby he may with his counsells service profit the Common-wealth may in every place freelie give and bestow dignities and honours somtimes chusing no more Barons then one out of one and the same Family The custome of the succession of the former and more ancient Baron being stil kept whole not in any hurt as wee see Edward the sixt wisely to have done in the family of the Willobies of Ersby brought forth also another Barony of Parham wherefore we acknowledge our Kings to be the fountaines of Politicall Nobilitie and unto whom we may with thanks refer all the degrees of honours and dignities wherefore I may not without cause seeme to rejoyce on the behalfe of our Nobilitie of great Brittaine which hath had alwaies Kings themselves Authors Patrons Governors and Defenders thereof that when Lands Fees and Possessions subjects to Covenants or agreements are still tossed and turmoyl'd with the stormes of the judiciall Courts and of the Common Law it is onely unto the Kings themselves beholding and resteth upon Heroicall orders and institutions proper and familiar unto it selfe so that Per Titulos numerentur avi semper que renat Nobilitate virent et prolem fata sequantur Continuum propriâ servantia lege tenorem By Titles great-mens Ancestors are known the posterity of whom injoy the same to their flourishing and everlasting fame William the Conqueror after the death of Herold having confin'd the Kingdom to himselfe laid these foundations of ancient and worthy Nobility which afterwards by his successours according to the divers occurrants and occasions by little and little became at length in the raigne of King Henry the third and Edward the first to appeare a Godly and stately building who having vanquished the Welsh-men and contending with the Scots bordering upon them for Principality and Soveraignety entreating of all things concerning the Common-weale with the three States of the Kingdome with consisteth of the Nobilitie the Cleargie and Communaltie they themselves in their Royall majesty sitting in Parliaments appointed unto every man a preheminence according to the place of his dignity from whom especially all the Nobility of our age may seeme to deriue the diverse and appointed degrees of dignities and honours Now to abreviate much that might be writ in the continuance of this discourse I shall desire to straighten my purpose to some handsome conclusion by the observation of the degrees and sitting of our English Nobility in the Parliament Chamber out of the Statute of the 31. of K. Henry the 8. who of his Princely wisdome with the full assent of the whole Parliament caused a perticular Act to be made for the placing of the Nobility in the upper house of Parliament the effect whereof I have here recited That forasmuch as in all great Assemblies and Congregations of men having degrees and offices in the Common-wealth it was thought fit and convenient that order should be taken for the placing and sitting of such persons as are bound to resort to the same to the intent that they knowing their places might use the same without displeasure the places of wch great offices deserve respect and admiration and though meerly officiarie and depending on life and the Kings gracious election without any hereditary title or perfection yet are they of such high dignity that all hereditary honour whatsoever under the degree of Royalty may at all times without disparagement give them place and precedencie The placing of these most Noble and great Officers both in the Parliament house and other Assemblies is after this worthy and distinct order That is to say the Lord Chancellor or L. Keeper the L. Treasurer the L. President of the Kings Privie Councell and the L. Privy Seale being of the degree of Barons of the Parliament or above to sit on the highest part of the form on the left side in the Parliament Chamber above al Dukes except those wch are the Kings Sons the Kings Brothers his Uncles his Nephews or his Brothers or Sisters Sonnes but if any of these foure great Officers aforesaid shal be under the degree of a Baron then he or they to sit on the uppermost part of the Sackes in the middest of the Parliament Chamber in such order as is aforeshewed As touching the other it was enacted that the I. great Chamberlaine the L. Constable the L. Marshall the L. Admirall the L. Steward and the L. Chamberlaine of the Kings houshold shall be placed next to the L. Privie