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A14575 The order and vsage of the keeping of a parlement in England, and The description of tholde and ancient cittie of Fxcester [sic]. Collected by Iohn Vovvel alias Hooker gentleman; Order and usage of keeping of the parlements in England Hooker, John, 1526?-1601.; Hooker, John, 1526?-1601. Discription of the cittie of Excester. aut 1575 (1575) STC 24887; ESTC S119300 57,649 106

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this house his office is to sit next before the Speaker at a Table vpon which he writeth and layeth his books He must make true entrie of the recordes and Billes of the house as also of all the orders therof The Billes appointed vnto him by the Speaker to be red hée must read openly plainly and sensibly The Billes which are to be ingrossed he must doo it If any of the house aske the sight of any Bil there or of the book of the orders of the house he hath to deliuer the same vnto him If any desire to haue the copy of any Bil he ought to giue it him receiuing for his paines after ten lines a peny He may not be absent at any time of sitting without speciall licence He ought to haue for euery priuate Bil passed and enacted forty shillings He hath allowed vnto him for his charges of the King for euery Sessions ten pound Of the Sergeant or porter of the lower house THe Sergeant of this house is commonly one of the Kings Sergeants at Armes and is appointed to this office by the king His office is to kéep the doores of the house and for the same he hath others vnder him for he him self kéepeth the door of the inner house wher the commons sit and séeth the same to be clene Also he may not suffer any to enter into this house during the time of the sitting there vnlesse he be one of the house or be sent from the King or the Lords or otherwise licenced to come in If any such person doo come he ought to bring him in going before him with his Mace vpon his shoulder If any be commited to his warde he ought to take charge of him and to kéep him in safetie vntil he be required for him If he be sent for any person or to go in any message hée must leaue a substitute behinde him to doo his Office in his absence He must alwaies attend the Speaker and go before him carying his mare vpon his shoulder His allowance during the time of the Parlement is xij d. the day of the Kings charges Also he hath of euery Knight and Citizen ij shillings and vj. pence and of euery Burgesse ij shillings If any be commaunded to his warde he hath of euery such Prisoner by the day .vj. shillings and .viij. pence If any priuate Bil doo passe and be enacted he hath for euery such Bil .xx. shillings Of the Conuocacion house THe conuocation house is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie And this their house is called the higher Conuocation house the other béeing named the lower Conuocation house Bothe these houses haue their seuerall Officers orders and vsages eche Officer hath his peculier charge and function as also certain allowances euen as is vsed in the Parlement houses of the Lords and commons The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before thē either of their owne motions or from the higher Court of Parlement or from the lower house of Conuocation or from any priuate person Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée which degrées are knowen by such degrées and offices in the Church as to euery of them is assigned for one hath the personage of a Preest an other of a Deacon this is a Subdeacō he is a Sex ten and so foorth as such officers were wunt to be in the Church The Bishops doo not sit at the fore noon but onely at the after noon because they béeing Barons of the higher house of parlement doo resorte and assemble them selues there at the forenoones with the Temporall Lords The Conuocacion house of the rest of the Clergie doo obserue in a maner the like orders as the lower house of the commons doo vse for béeing assembled togither on the first day with the Bishops are by them willed to make choice of a Speaker for them whome they call the Proloquutor when they haue chosen him they doo present him vnto the Bishops and he thus presented maketh his oration and dooth all things as the Speaker of the lower house for the Commons dooth as wel for the ordering of the Clergie and of the house for his order in sitting the order in speaking the order of recording the things doon emong them and all other such like things And this is to be vnderstanded that the whole Clergie can deale and intreat but onely of matters of Religion and orders of the Church whiche their dooings conclusions cannot binde the whole Realme vnlesse they be confirmed by Act of Parlement but yet sufficient to binde the whole Clergie to the kéeping therof so that the King who is the supreme gouernour of bothe estates doo consent and confirme the same And forasmuch as by knowing the orders of the Parlement house you may also knowe the orders of bothe the Conuocation houses which are like and correspondent to y others These shall suffise for this matter Of extraordinary persons which ought to be summoned to the Parlement BEsides the personages of the former degrées which ought to be summoned to the parlement the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house namely the two chéef Iustices and their associates of the Kings bench and the common places the Barons of the Eschequer the Sergeants the Attorney the Soliciter the Maister of the Rolles and his fellowes of the Chauncerye The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes Also if any Bil be conceiued and made disorderly they ought to amend and reforme the same vpon order and commaundemet to them giuen Also they must attend to come and go at the commaundement of the King and Parlement Also they may not speak nor giue aduise but when they be asked and put to question Also they haue no voice in Parlement because they are commonly councellers to the same They are all retained at the Kings charges Likewise all officers of the Parlement are to be summoned as namely the Chaunceller of the Parlement the Clarks the Sergeants the Porters and such others who likewise are retained at the Kings costs Of their offices and charges it is alredy perticulerly declared Of the dayes and houres to sit in Parlement ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes as namely the feasts of All hallown day Christmas Easter Whitsontide and Saint Iohn the Baptistꝭ day also such other dayes as the Parlement
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 excōmunicated 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 thē 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 opēly 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 Kingꝭ seat or Throne hanged richly with cloth of estate and there the king sitteth all waies alone On his right hād 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 bēches 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 presēted 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 consēt then the same must be sent to the lower house vnlesse it came first from thence and in that cace it
west side of the Riuer and th' other within her manor of Topsham béeing in the East side of the Riuer leuing between the said twoo weres a certain aparture or open roume of thirtye foot through which all Botes Shippes and Vessails without let might haue their vsuall passage and repassage towards and from this Cittie The said Earle to abridge destroy this commoditie did leuye build a new Weare in the said open place stopping filing and quirting the same with trées timber and Stones in such sort that no vessail could passe or repasse After him Edward Courtney Earle of Deuon and Nephew to the said Hugh did not onely maintaine and continew the fact of his ancester and grandfather by dayly repairing and defending the same but also woorking an vtter destruction for any passage for Shippes thencefoorth to the Cittie vnder pretēce to buyld certain Milles did erect and make two other weares the one Sainct Iames ouerthwart the Riuer and the other at Lamperford by meanes wherof not onely the Cittie susteined the whole losse of their hauē but the whole Contrey adioyning for which iniuryes vpon complaints made writs and commissions of inquiry were sent out the said Earles for the same by verdict and presentment at seuerall times found guilty but such was his authoritie and power that it auailed nothing Neuerthelesse the said Earle Hugh the water course vnto the Cittie thus destroyed buylded a place called a Key for the charge and discharge of all Wares and Merchandise within that port at a Town of his owne called Topsham distant from the Cittie about thrée miles from whence euer sithence all wares and Merchandises haue béen caryed and recaryed to and from the Cittie by Horse Cart or Wain though to the gain of the Earle and his Tenaunts yet to the great trouble and hindraunce of this Cittie and Merchaunts therof Neuerthelesse the port hath euermore yet dooth retain his olde and ancient name béeing called the Port of this Cittie of Exon and alwaies hath béen and presently is a tribute paid vnto the Cittie for all kindes of wares and Merchandise discharged within that Port and called by the name of the pettie town costome And albeit the water course thus destroyed can hardely be restored to his olde pristinate naturall estate for that through long continuaunce the olde course cannot be discerned yet now at length after many attempts and great expences a water course and passage begun in the yéer 1564. is recouered and by sluces Botes and vessailes of xx tunnes tight are brought to the Citie and there discharged at the olde and ancient place called the VVater gate Where is buylded a fair and a large Key or Wharf as also an engine called a Crane fit for the purpose Within this Cittie were sometime but few parish Churches but when that Innocencius tertius in the yéere of our Lord. 1198. had established the Article of Transubstanciation adding the same to the Simbole as appéereth in the Decretal titulo de summa trinitate canō firmiter thē his next successor Honorius Anno. 1218. did not onely confirme the same but also decreed Reseruation Candlelight and praying for the dead as appéereth Decret titulo de celebratione missarum canon sane cum et sane cum creatura by which meanes the number of Préests did not onely increace but Churches also in all places begā dayly to be buylded And therfore in this Cittie in the yéer of our Lord 1222. béeing the .vj. yéere of Henry the third the parish Churches therin were limitted out and augmented to the number of xix Churches within the Cittie and suburbes of the same And moste certain it is that in times past they were liuings competent and sufficient to maintain an Incumbent but that kinde of Religion now auoyded the Gospel preched the liuelihods are so small as not sufficient to maintain a poore Clark or Scoller which is the cause that so many of them dooly vacant without Incumbents Besides these parish Churches there was also a Monastery sometime of Monkes of Saint Benets order but sithence a Cathedrall Church béeing very fair and sumptuously buylded with free Stones and the Pillers of grey Marble standing and scituated in the East parte of the Cittie which as some doo reporte that Etheldred the third Sonne of Echelwolphus should first found and buyld Some think that King Edgar did it trueth it is that bothe the said Kings buylded euery of them a house of Religious persons within this Cittie but the first was vtterly burnt and destroyed by the Danes and th' other in processe of time vnited to the Monastery which now is a Cathedrall Church which is moste certain and trew that King Athelstane the Sonne of King Edvvard the elder did bothe foūd and buyld it as it dooth plainly appéer in the history of the said Church where it is written Athelstanus subiugatis cornuquallen sibus reuersus est ad ciuitatem que antiquitus Muncketon vocabatur nunc autem Exeter ac ibi sedens Anno. 932. non tam lacerata eiusdem Ciuitatis maenia reparabat quin et mansum quoddam dedit ad fundandum Monasterium pro monachis Deo et Sancto Petro famulantibus This King besides his expences charges in building of this Church which at the first was but small placed therin Munkes of S. Benettes order prouided liuelehodes for them and made vnto them a gouernor and Ruler called by the name of an Abbote towards whose liuelihodes he gaue Morckshull and Treasurers Beare which at these presents doo yet remain béeing annexed to the dignitie of the Tresurership The Church thus begun Kings Princes and noble men from time to time were gladly contributors to the absoluing and finishing of the same For about lxxx and od yéers after Adlestene King Knoght called Cahutus or Canutus at the sugestion of one of his Dukes named Athelred did confirme and graunt to Athelwolde then Abbot of the said Church to his successors many and sundry priuileges and liberties vnder his Letters Patentes dated the second yéer of his reign Anno domini 1019. After him néer about xxx yéeres King Edward the confessor remooued the Munkes vnto VVestminster and made this a Cathedrall Church remoouing the Sea thē at Crediton to this Cittie making Leofricus Bishop therof as appéereth by his letters Patents dated the viij yéer of his reign An. 1050. Howbeit the Munck of Bury and Polidorus others doo affirme and write that the setling of this Bishops seat in this Cittie was in the xij yéer of VViliam the Conquerour for thus they write Habitum est Londini sub Lanfrāco Antistitum et sacerdotū comitium quo decretum est quod aliquot sedes Episcopales que in opidulis et pagis ante fuerant in vrbibus et locis celeberrimis collocarentur quo factum est vt Bathonia Lincolnia Sarisburia Exonia Cestria et Cicestria vrbes huiusmodi nouis Episcoporū
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 agaīst 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 vnderstāding the same pursued thē 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 frō 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 be●●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. 147● 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 x●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 sōetimes assaultꝭ made sometimes the gates fired sōetimes the walles vndermined some times skirmishes made some great laromes to defēd the walles against scaling finally nothing was left vndoon which the enemyes might deuise for the obteining of their purpose And albeit there wāted not lusty stomakes of the Citizens to withstād 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