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<DATE>2008-3-19</DATE>
<RESPSTMT>
<NAME>Elspeth Healey</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed text and corrected markup.</ITEM>
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<STC T="T">E157_11</STC>
<BIBNO T="umi">99871286</BIBNO>
<VID>156892</VID>
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<TEXT>
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE MANNER of holding PARLIAMENTS IN ENGLAND.
Collected forth of our Ancient <HI>Records.</HI>
Whereunto is added.</P>
<P>Certaine <HI>Ancient Cu&s;toms</HI> of this Kingdome.</P>
<P>The Prerogative and power of <HI>Parliaments.</HI></P>
<P>The order and forme of the placing and &s;itting of the Kings Maje&s;ty and Peeres in the upper Hou&s;e of <HI>Parliament.</HI></P>
<P>The order and cour&s;e of pa&s;&s;ing of Bills in <HI>Par|liament.</HI></P>
<P>With The Stately and magnificent order, of proceeding to <HI>Parliament,</HI> of the mo&s;t High and Mighty <HI>Prince,</HI> King CHARLES, on Monday the 13^t^h. of <HI>Aprill</HI> 1640. in the 16th. yeare of his Maje&s;ties reigne, fir&s;t on Hor&s;e backe from White Hall to We&s;t|min&s;ter-Abby-Church, and from thence on foot to the Par|liament hou&s;e.</P>
<P>Printed in the yeare, 1641.</P>
</DIV1>
<DIV1 TYPE="frontispiece">
<PB REF="2">
<P><FIGURE>
<P>DIEV ET MON DROIT</P>
</FIGURE></P>
<PB REF="2">
<GAP DESC="duplicate" EXTENT="1 page">
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="discourse">
<PB REF="3">
<PB REF="3">
<HEAD>THE MANNER OF HOLDING A PARLIAMENT in the &s;econd of <HI>Edward</HI> the Confe&s;&s;or, Sonne of K. <HI>Etheldred.</HI></HEAD>
<P>_HERE is de&s;cribed, the Manner after which the <HI>Parliament</HI> of the King of <HI>England,</HI> and of his Engli&s;h People was kept in the times of King <HI>Edward,</HI> the Sonne of <HI>Etheldred</HI> the King; which manner was rehear&s;|ed, by the di&s;creet &s;ort of the Kingdome, before <HI>William</HI> Duke of <HI>Normandy</HI> the Conquerour, and King of <HI>England</HI>; the Conquerour him&s;elfe com|manding this; and by him&s;elfe approved and u&s;ed in his times, and in the times of his &s;ucce&s;&s;ours Kings of <HI>England.</HI></P>
<DIV2 TYPE="part">
<PB REF="4">
<HEAD>Of the Summons of <HI>Parliament.</HI></HEAD>
<P>The Summons of <HI>Parliament</HI> ought to goe forty dayes before the fir&s;t day of the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Concerning the Clergie.</HEAD>
<P>The <HI>Parliament</HI> ought to be &s;ummoned and come, the Arch-Bi&s;hops, Bi&s;hops, and other chief of the Clergie, who come thither by holding of &s;ome County or Barony,<NOTE PLACE="marg">Per Comita|tum et Baron &s;ummone|ri debent. Minores <GAP DESC="illegible" RESP="UOM" EXTENT="1+ letters">eri|si non &s;ummo|neri debent, &s;ed &s;i eorum pre|&s;enia nece&s;&s;a|riafuerit. Rex&s;olibat talibus brevia &s;uamittere, re<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ans quod Parliomo&s;uo insere&s;&s;ens.</NOTE> and becau&s;e of &s;uch te|nure, and not otherwi&s;e, and none of the le&s;&s;e de|gree of the Clergie, unle&s;&s;e their pre&s;ence or coming thither may be required in &s;ome other re&s;pect then by their tenures; or, unle&s;&s;e they be of the Kings Coun&s;ell; or their pre&s;ence may be deemed nece&s;&s;ary, or accounted profitable for the <HI>Parliament</HI>: and the King is bound to mini&s;ter unto them their co&s;ts and expences in coming and tarrying at the <HI>Parliament.</HI> Neither ought &s;uch of the lower degree of the Clergie men to be &s;um|moned to the <HI>Parliament,</HI> but the King was wont to gether to &s;end out his Writs to &s;uch men, re|quiring them that they &s;hould be pre&s;ent at his <HI>Parliament.</HI></P>
<P>Al&s;o the King was wont to give Summons to the Arch-bi&s;hops, Bi&s;hops, and other exempted per&s;ons; or to Abbots, Priors, and other Eccle&s;i|a&s;ticall
<PB REF="4">
per&s;ons, that have by &s;uch exemptions and priviledges their &s;everall juri&s;dictions, according to their &s;everall Deaneries, and Arch-deaneries of <HI>England,</HI> through their Deaneries, and Arch|deaneries afore&s;aid, &s;hould cau&s;e to be cho&s;en two skilfull and fit Proctors or Clerks of the Convo|cation hou&s;e out of the &s;ame Arch-deanery to come and to be pre&s;ent at, to an&s;wer, to undergoe, to alledge and to doe there, that which all and every Par&s;on of their Deaneries, and Arch-dea|neries &s;hould, if they, and all, and every of them were per&s;onally pre&s;ent there. And that &s;uch Proctors or Clerks of the Convocation hou&s;e come with their two Warrants, &s;ealed with the &s;eales of their &s;uperiours, becau&s;e they are cho&s;en and &s;ent to &s;uch a Proctor&s;hip; The one of which Letters &s;hould be delivered to the Clarke of the <HI>Parliament</HI> to be enrolled, and the other remaine in the Proctors and Clerks them&s;elves: and &s;o under the&s;e two kinds of Summons, the whole Clergie ought to be Summoned to the Kings <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Concerning the Laity.</HEAD>
<P>Al&s;o all and every Earle,<NOTE PLACE="marg">Summoneri de|bentomnes et &s;inguli comiter, Barones et eor. pares, Qui tenent ad va|lentunius Comitat vel. Baron. integra.</NOTE> and Baron, and their Peeres ought to be &s;ummoned, and come to the <HI>Parliament,</HI> to wit, tho&s;e that have Lands, and Revenues to the value of a whole County, which maketh foure hundred pounds in the whole; or
<PB REF="5">
to the value of one whole Barony: to wit, Thir|teene fees, and the third part of one Knights fee, every fee being reckoned at twenty poundes, maketh in the whole, foure hundred markes, and no lower Lay-men ought to be &s;um|moned to come to the <HI>Parliament</HI> by rea&s;on of of their tenure,<NOTE PLACE="marg">Minores laici &s;ummoneri non debent.</NOTE> unle&s;&s;e their pre&s;ence for other cau&s;es be profitable, and nece&s;&s;ary to the <HI>Parlia|ment,</HI> and then they ought to be dealt withall, as is &s;aid of them of Ae Lower degree of the <HI>Cleargy,</HI> men who are not bound by rea&s;on of their tenure to come to the <HI>Parliament</HI>; Al&s;o the <HI>King</HI> was wont to &s;end his writs to the Warden of the Cinque Ports, that hee might cau&s;e to be cho&s;en to come and bee pre&s;ent at the <HI>Parliament</HI> to an|&s;were, undergoe, and do there that which their Burroughs them&s;elves &s;hould do, if all and every one of them were per&s;onally pre&s;ent there, and &s;uch Barrons &s;hould come with their two War|rants, &s;ealed with the common &s;eales of their Ports, to &s;hew that they were orderly cho&s;en, and &s;ent from the Barronies to that end; the one whereof &s;hall bee delivered to the Clarke of the <HI>Parliament,</HI> and the other to remaine with the Barrons them&s;elves: And when &s;uch Barrons of the Ports, having obtaind Lycen&s;e &s;hould depart from the <HI>Parliament,</HI> then they were wont to have a writ under the great &s;eale of the Warden of the Cinque Ports, that they might have their rea&s;on|able co&s;ts, and expences, meet for &s;uch Barrons out of the County of the Port from whence they
<PB REF="5">
came towards the <HI>Parliament</HI> untill the day wherein they returned home, to their owne hou|&s;es, there being expre&s;&s;e mention made in the writ of the &s;tay they made at the <HI>Parliament,</HI> and of the day wherein to returne. Yea there was wont &s;ometimes mention to be made in the writ, how much &s;uch Barrons &s;hould take of the Coun|ties from whence they came for a day, to wit, &s;ome had more, &s;ome had le&s;&s;e, according to the ability, and hone&s;ty of the per&s;ons them&s;elves; neither were they wont to put downe for two Barrons above twenty &s;hillings by the day, and yet therein had they re&s;pect to their charges of their &s;tayings, labour, and expence, neither were &s;uch uncertaine expences to be put downe, and allowed by the Court, for all and every one &s;o cho&s;en and &s;ent for their Counties, unle&s;&s;e the per&s;ons them&s;elves were hone&s;t, and behaved them&s;elves well in the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Knights of the Shire.</HEAD>
<P>Al&s;o the <HI>King</HI> was wont to &s;end his writs to all the Sheriffes of <HI>England,</HI> that every one might cau&s;e to be cho&s;en out of his owne Countie, through the Country it &s;elfe, two Knights, fit, ho|ne&s;t, and skillfull, to come to his <HI>Parliament,</HI> after the &s;ame manner which is &s;poken of the Barons of the Ports, and for their warrants they &s;hould
<PB REF="6">
come after the &s;ame manner.</P>
<P>But for the expences out of one County for two Knights, there was not wont to bee &s;et downe and allowed aboue one Marke a day, and now eight &s;hillings a day, to wit, for every one of them foure &s;hillings.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Citizens.</HEAD>
<P>After the &s;ame manner Commandement was wont to be given to the Major and Sheriffe of <HI>London,</HI> the Major and Bayliffes to the Major and Citizens of <HI>Yorke,</HI> and of other Cities, that they for the County of their City &s;hould choo&s;e two fit hone&s;t and skilfull Citizens to come to the <HI>Parliament,</HI> after the &s;ame manner which is &s;po|ken of the Barons of the Cinque Ports, and the Knights of the Shires: and the Citizens were wont to be Peeres and equalls with the Knights of the Shires in expences, all the while they came, tarryed, and returned from the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Burge&s;&s;es.</HEAD>
<P>After the &s;ame manner commandement was wont to be given to the Bayliffes and hone&s;t men of Burrowes and Townes Corporate, that they ought of them&s;elves and by them&s;elves to choo&s;e two fit hone&s;t and skilfull Burge&s;&s;es to come and be pre&s;ent at the Kings <HI>Parliament</HI> after the &s;ame
<PB REF="6">
manner as is &s;poken concerning Citizens: but two Burge&s;&s;es were not wont to receive by the day for their expences above ten &s;hillings, and &s;omtimes not above a noble, which was wont to be taxed by the Court, according to the greatnes of the Burroughs, and the per&s;ons &s;ent: hitherto hath been declared, the form, quality, and per&s;ons, how long a time before the Summons of the <HI>Parliament</HI> ought to be made; and who are tho&s;e that ought to come by the Summons, and who not.</P>
<P>Now &s;econdly, we mu&s;t &s;hew who they are which by rea&s;on of their Offices ought to come, and are bound to be pre&s;ent at the <HI>Parliament</HI> time without Summon: whereupon we mu&s;t make the two principall Clerks of the <HI>Parliament</HI> elected by the King and his Councell; and other &s;econdary and undertakers, of whom, and who&s;e Offices we will &s;peak more &s;pecially afterwards: and the principall Cryer of <HI>England,</HI> with their under-Cryers; and the principall Porter of <HI>England</HI> with two Offices, were wont to belong to one per&s;on: The&s;e two Officers are bound to be pre&s;ent the Fir&s;t day.</P>
<P>The Chancellour of <HI>England,</HI> the Trea&s;urer and Chamberlaines, and Barons of the Exchequer, Ju&s;tices, and all the Clerks, and the Kings Knights, together with them, that &s;ue for the Kings Pleas, who are of the Kings Coun&s;ell, are bound to be pre&s;ent the &s;econd day, unle&s;&s;e by Order they be excu&s;ed.</P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="7">
<HEAD>Touching the beginning of Parliament.</HEAD>
<P>The Lord the King &s;hall &s;it in the mid&s;t of the great Bench, and is bound to be pre&s;ent in the Fir&s;t and La&s;t day of <HI>Parliament.</HI> And the Chancellour, Trea&s;urer, Barons of the Exchequer, and Ju&s;tices were wont to Record the defaults made in <HI>Parli|ament,</HI> according to the Order following.</P>
<P>In the Fir&s;t day the Burge&s;&s;es and Citizens of al <HI>England</HI> &s;hall be called, at which day, if they doe not come, the Shires &s;hall be amerced at an hundred pounds.</P>
<P>In the Third day of the <HI>Parliament,</HI> the Barons of the Cinque Ports &s;halbe called; and afterwards the Barons of <HI>England</HI>; after them the Earles: whereupon if the Barons of the Cinque Ports do not come, the Barony from whence they are &s;hall be amerced at an hundred Marks, and an Earle at an hundred pounds. And after the &s;ame mannerit mu&s;t be done with tho&s;e that are equall to Earles and Barons, namely, which have Lands and Revenews, to the value of an Earldome, or of one Barony, as before &s;aid.</P>
<P>In the Fourth day, the Proctors of the Clergie or Clerks of the Convocation hou&s;e &s;hall be cal|led;
<PB REF="7">
if they come not, their Bi&s;hops &s;hall be amer|ced for every Archdeanery one hundred pounds.</P>
<P>In the Fir&s;t day, the Deanes, Priors, Abbots, Bi&s;hops, and at length the Archbi&s;hops &s;hall becalled, who if they doe not come, every Archbi|&s;hop &s;hall be fined at an hundred pounds; and eve|ry one holding a whole Barony or Abbots, Do|ctors at an hundred Marks.</P>
<P>In the Fir&s;t day Proclamation ought to be made in the Hall, or in the Mona&s;tery, or in &s;om publique place, where the <HI>Parliament</HI> is to be held, and af|terwards publickly in the City or Town, <HI>That all tho&s;e who would deliver Petitions or Bills to the</HI> Parli|ament, <HI>that they may deliver them the Fir&s;t day, and &s;oother five dayes next following.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Preaching at the Parliament.</HEAD>
<P>An Archbi&s;hop or Bi&s;hop, or &s;ome great Clerk di&s;creet and eloquent, cho&s;en by the Archbi&s;hop in who&s;e Province the <HI>Parliament</HI> is held, ought to preach one of the &s;aid five dayes of <HI>Parliament,</HI> and in the pre&s;ence of the King: and this mu&s;t be done when the <HI>Parliament</HI> for the greater part &s;hal be joyned and gathered together. In his Sermon, he &s;hall admoni&s;h and exhort the whole <HI>Parliament,</HI> that they with him humbly pray <HI>God,</HI> and wor&s;hip
<PB REF="8">
him, for the peace and tranquility of the King and Kingdome, as &s;hall be &s;aid in the Title following.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Speech for the Parliament.</HEAD>
<P>After the preaching, the Chancellour of <HI>Eng|land,</HI> or the Lord Chiefe Ju&s;tice of <HI>England,</HI> or &s;ome other fit, hone&s;t, and eloquent Ju&s;tice, or Clerke cho&s;en by the Chancellor, or Chief Iu&s;tice them|&s;elves ought, &s;tanding to pronounce the cau&s;es of the <HI>Parliament.</HI> Who&s;oever they be, while&s;t they &s;peake, &s;hall &s;tand (except the King) &s;o that all of the <HI>Parliament</HI> might heare him that &s;peaketh, or if he &s;peake &s;omthing darkly, or in a talke lowe voyce, let him &s;peak againe, and &s;peak lowder al|&s;o, or let another &s;peak for him.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Speech of the King after the Speech before mentioned.</HEAD>
<P>The King (after the Speech before mentioned)ought to require the Clergie and Laity, naming them after their degrees, as Archbi&s;hops, Bi&s;hops, and Abbots, <HI>&amp;c.</HI> Earles, Barons, Knights, Citi|zens, <HI>&amp;c.</HI> that they carefully, diligently, and heartily labour throughly to handle, labour, and deliberate in the bu&s;ine&s;&s;e of the <HI>Parliament,</HI> even as they &s;hall under&s;tand and perceive that this &s;hal
<PB REF="8">
be fir&s;t according to the will and plea&s;ure of <HI>God</HI>; and afterwards for his and their honours and commodities.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Ab&s;ence of the King in the Parliament.</HEAD>
<P>The <HI>King</HI> is bound by all meanes po&s;&s;ible to be pre&s;ent at the <HI>Parliament,</HI> unle&s;&s;e he be detained or let therefrom by bodily &s;icknes, and then hee may keep his Chamber, yet &s;o as he ly not with|out the mannour or Towne at the lea&s;t, where the <HI>Parliament</HI> is held, and then hee ought to &s;end for twelve per&s;ons of the greate&s;t and be&s;t of them, that are &s;ummoned to the <HI>Parliament.</HI> That is, two Bi&s;hops, two Earles, two Barons, two Knights of the Shire, two Burge&s;&s;es, and two Citi|zens to looke upon his per&s;on, to te&s;tify and wit|ne&s;&s;e his E&s;tate, and in their pre&s;ence he ought to make a Commi&s;&s;ion, and give authority to the Arch-bi&s;hop of the place, the Steward of <HI>England,</HI> and chiefe Iu&s;tice, that they joyntly, and &s;eve|rally, &s;hould begin the <HI>Parliament,</HI> and continue the &s;ame in his name, expre&s;&s;e mention being made in that Commi&s;&s;ion of the cau&s;e of his ab&s;ence then, which ought to &s;uffice, and admoni&s;h the o|ther Nobles, and chiefe men in the <HI>Parliament,</HI> together with the evident Te&s;timony of the a|fore&s;aid twelve Peeres of theirs, the rea&s;on is be|cau&s;e there was wont to be a cry or murmur in
<PB REF="9">
the <HI>Parliament</HI> for the <HI>Kings</HI> ab&s;ence, becau&s;e his ab&s;ence is hurtfull and dangerous to the whole Commonalty of the <HI>Parliament,</HI> and Kingdome, when the King &s;hall be ab&s;ent from his <HI>Parlia|ment,</HI> neither indeed, ought hee or may be ab&s;ent but onely in the ca&s;e afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the places and &s;itting in the <HI>Parliament.</HI></HEAD>
<P>Fir&s;t as I before &s;aid, the <HI>King</HI> &s;hall &s;it in the mid place of the great Bench, and at his right &s;ide &s;hall &s;it the Arch-bi&s;hop of Canterbury the Bi&s;h|ops of London, and of Winche&s;ter, and after them in order and cour&s;e, the other Bi&s;hops, Ab|bots and Priors, and on the left &s;ide the King, the Arch-Bi&s;hop of <HI>York,</HI> the Bi&s;hops of <HI>Durham,</HI> and <HI>Carlile,</HI> and after them, the Earles, Barons, &amp;c. making alwaies a divi&s;ion of place, betweene the fore&s;aid degrees, and their places, that none &s;it but among&s;t Peeres and his equalls; and the Stew|ard of <HI>England</HI> too looke to this, unle&s;&s;e the King will a&s;&s;igne &s;ome other to it. At the Kings foot, at the right &s;ide &s;hall &s;it the Chancellor of <HI>Eng|land,</HI> and the chiefe Iu&s;tice of <HI>England</HI> and their fellowes, and their Clarks who are of the <HI>Par|liament,</HI> and at his foot on the left &s;ide &s;hall &s;it the Trea&s;urer and Chamberlaine and Barons of the Exchequer, the Iu&s;tices of the Bench, and their Clarkes who are of the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="9">
<HEAD>Touching the principall Clarkes of the <HI>Parliament.</HI></HEAD>
<P>There are two principal Clarkes of the <HI>Parlia|ment,</HI> who &s;hall &s;it in the mid&s;t of the Iu&s;tices, who &s;hall enrole all the pleas and bu&s;ine&s;&s;e of the <HI>Par|liament,</HI> and we mu&s;t know, that the&s;e two Clarks are not &s;ubject to every Iu&s;tice, neither is every Iu&s;tice in England Iu&s;tice in the <HI>Parliament,</HI> neither have they of them&s;elves Record in the <HI>Parliament,</HI> unle&s;&s;e &s;o far forth as new power &s;hall bee a&s;&s;igned and given to them in the <HI>Parliament</HI> by the King and the Peeres of the <HI>Parliament,</HI> and when they are <HI>a&s;&s;igned</HI> with other choyce men of the <HI>Parliament,</HI> to heare and determine divers petitions and complaints, offered in <HI>Parliament</HI>;but the&s;e two Clarkes are immediately &s;ubject to the King and his <HI>Parliament</HI> in common, un|le&s;&s;e perhaps one Iu&s;tice or two, bee a&s;&s;ignedto examine and amend their Inrolements: And when the Peeres of the <HI>Parliament</HI>; to heare and examine &s;om Petitions by them&s;elves, then when they &s;hall be of one mind and agreeing in ren|dring their judgements to &s;uch Petitions, and the proce&s;&s;e made concerning the &s;ame, and they &s;hall give their judgement in full <HI>Parliament,</HI> &s;o that the other two Clarkes principally Inrole all the pleas, and all the Iudgements in the princi|pall role of the <HI>Parliament,</HI> and &s;hall deliver the&s;e
<PB REF="10">
roles to the Trea&s;urer before the going away of the <HI>Parliament,</HI> referring, yet notwith&s;tanding to the &s;ame Clarkes one tran&s;cript and count er-role thereof if they will have it.</P>
<P>The&s;e two Clarkes unle&s;&s;e they be in other office under the King, and take of him &s;uch fees as whereby they may live hone&s;tly, and well, &s;hall receive of the King every day a marke for their expences, to be divided betweene them by equall portions, unle&s;&s;e they be at the Kings board, other|wi&s;e halfe a mark a day, during all the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the five Clarkes of the <HI>Parliament.</HI></HEAD>
<P>The King &s;hall a&s;&s;igne or appoint five skilfull Clerks: the fir&s;t whereof &s;halbe Mini&s;ter to, and &s;erve the Bi&s;hops. The &s;econd, the Proctors of the Clergie, or the Clerks of the Convocation hou&s;e. The third, the Earles and Barons. The fourth, the Knights of the Shire. The fifth the Citizens and Burge&s;&s;es: and every one of them unle&s;&s;e he be with the King, and take of him &s;uch a fee, or &s;uch Revenews that hee may there|upon live hone&s;tly, hee may take by the day two &s;hillings of the King, unle&s;&s;e hee be of the Kings board, if he be, then to have but twelve pence; which Clerks &s;hall write the doubts and an&s;wers, that they which &s;halbe pre&s;ent at the <HI>Parliament,</HI> make to the King, and at the <HI>Parli|ament,</HI>
<PB REF="10">
and communicate their Coun&s;ells unto them, when&s;oever they will have them; and when they &s;hall be at lea&s;ure, they will &s;end the princi|pall Clerks to inroll them.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Concerning Ca&s;es and Judgements which are heard.<NOTE PLACE="foot">DEca&s;ibus et Iudicus diffi|cilibus.</NOTE></HEAD>
<P>When a cau&s;e of Truce, <NOTE PLACE="marg">Cum dubltat et difficilis Ca&s;us, pacis vel guerne emergat, &amp;c.</NOTE> doubt, or hard ca&s;e of peace or warre doth break forth, or otherwi&s;e, the ca&s;e be referred in writing in full <HI>Parliament,</HI> and left it to be handled and di&s;puted there be|tween the Peeres or equalls; and if it be needfull, let it be enjoyned by the King, or on the Kings part, if the King be not pre&s;ent to every degree of Peeres or equalls, that every degree it &s;elfe may goe there to it &s;elfe, and let that ca&s;e be delivered to their Clerke in writing, and let them cau&s;e the ca&s;e to be recited before them, &s;o that they doe ordaine, and con&s;ider among them&s;elves how, and after what &s;ort they may better proceed, and more ju&s;tly in that ca&s;e, as they for the per&s;on of the King, and their own per&s;ons, and the per&s;ons al&s;o of tho&s;e whom they repre&s;ent will an&s;wer before <HI>God</HI>; let them bring their an&s;wer and advi&s;e in writing, and let them proceed in all their An|&s;wers, Councels and advi&s;es heard of either &s;ide, or to and fro (as we &s;aid) according to better and more &s;ound coun&s;ell and judgement; and when at the lea&s;t the greater part of the <HI>Parliament</HI> doth
<PB REF="11">
agree. And if by the di&s;cord between the King and &s;ome Noblemen them&s;elves, either the people may be weakned, or the Countrey may be troub|led;&s;o that it &s;eem to the King his Councell, that it were expedient the bu&s;ine&s;&s;e be handled and a|mended by con&s;ideration of all the Peeres of the Kingdome. Or if through warre the King or King|dome might be troubled; or if a hard ca&s;e doe come before the Chancellour of <HI>England,</HI> or a mat|ter hard to be judged of &s;hall be brought before the Ju&s;tices, or &s;uch like: or if perhaps in &s;uch deliberations all, or at lea&s;t the greater part can|not agree, then the Earle that is Steward, the Earle that is Con&s;table, and the Earle Mar&s;hall, or two of them, &s;hall choo&s;e five and twenty per&s;ons of all the Peeres of the Kingdome; and three Pro|ctors or Clerks of the Convocation hou&s;e, for the whole Clergie: two Earles and three Barons: five Knights of the Shire; five Citizens and Bur|ge&s;&s;es, who make five and twenty; and tho&s;e five and twenty may choo&s;e, if they will, twelve of them, and condi&s;cend to them; and tho&s;e twelve choo&s;e &s;ix, and condi&s;cend no fewer, unle&s;&s;e li|cen&s;e be obtayned from the Lord the King. And if the King con&s;ent to three, the&s;e three may con|de&s;cend to two, and may de&s;cend to another, and &s;o at length his Ordinance &s;hall &s;tand above the whole <HI>Parliament,</HI> and &s;o conde&s;cend from twenty and five per&s;ons to one onely per&s;on, unle&s;&s;e the greater number will agree and ordaine, at the length, one per&s;on, as is &s;aid, &s;hall agree for all,
<PB REF="11">
who cannot di&s;agree from him&s;elfe. This being ob&s;erved, and al&s;o re&s;erved, the King and his Councell, that they may examine and amend &s;uch Ordinance after them which &s;hall be written, if they know how to doe it, and will performe it; yet &s;o, as they doe it there in full <HI>Parliament,</HI> and by the con&s;ent of the <HI>Parliament,</HI> and not con|trary to the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Order of deliberating bu&s;ine&s;&s;e in the Parliament.</HEAD>
<P>The bu&s;ine&s;&s;e for which the <HI>Parliament</HI> ought to be deliberated on, according to the Calendar of the <HI>Parliament,</HI> and according to the Petitions, and affiled, no re&s;pect being had to any per&s;on; let him fir&s;t handle his cau&s;e that fir&s;t propounded it. In the Kalendar of the <HI>Parliament,</HI> there ought to be rehear&s;ed, all the bu&s;ine&s;&s;es of the <HI>Parliament,</HI> and that after this order:</P>
<P>Fir&s;t, concerning Warre (if there be any Warre) and concerning the other bu&s;ine&s;&s;es, touching the per&s;ons of the King, of the Queen, and of their Children.</P>
<P>Secondly, concerning the commonbu&s;ine&s;&s;es of the Kingdome, as of making Laws, when there &s;halbe lacke of Law originall, judiciall, or execu|tory of particular per&s;ons.</P>
<P>Thirdly, the bu&s;ine&s;&s;e of particular per&s;ons, and that according to the Petitions offered, as is afore|&s;aid.</P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="12">
<HEAD>Touching the dayes and houres of the Parliament.</HEAD>
<P>The <HI>Parliament</HI> ought not to be held on the <HI>Lords day,</HI> but on the other dayes following; that day alwayes excepted, and three other, to wit, of <HI>All Saints,</HI> of <HI>All Soules,</HI> and of the <HI>Nativity</HI> of Saint <HI>Iohn Bapti&s;t.</HI> It may be held, and ought every day to begin at one of the clocke in the afternoone, at which houre the King is to be pre&s;ent at the <HI>Parliment,</HI> and all the Peeres of the Kingdome. The <HI>Parliament</HI> ought to be held in a publique place, and not in a private or &s;ecret place. In the Holy dayes the <HI>Parliament</HI> ought to begin at one of the clock, becau&s;e of divine &s;ervice.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Porters of the Parliament.</HEAD>
<P>The principall Porter of the <HI>Parliament</HI> &s;hall &s;tand beneath the great Gate of the Mona&s;tery, Hall, or other place, where the <HI>Parliament</HI> is held, and mu&s;t keep the dore, &s;o that none come into the <HI>Parliament</HI>: but he which ought to come to the <HI>Parliament,</HI> or &s;hall be called for the bu&s;ine&s;&s;e which he followeth in <HI>Parliament</HI>; and it behoo|veth that the party have knowledge of the per|&s;ons which &s;hould come in, &s;o that none at all be
<PB REF="12">
denyed entrance, which is bound to be pre&s;ent at the <HI>Parliament.</HI> And the Porter ought, if it be needfull, to have more Porters under him.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Cryer of the Parliament.</HEAD>
<P>The Cryer of the <HI>Parliament</HI> &s;hall &s;tand without the dore of the <HI>Parliament,</HI> and the Porter &s;hall declare to him their Cryers.</P>
<P>The King was wont to a&s;&s;igne Sergeants at Armes, to &s;tand a great while together without the doore of the <HI>Parliament,</HI> to make the doore, &s;o that none &s;hould make thru&s;ting or tumults about the doore, by which the <HI>Parliament</HI> might be hin|dred, upon pain of taking of their bodies, becau&s;e of right the dore of the <HI>Parliament</HI> ought not to be &s;hut, but to be kept by Porters, or Kings Ser|geants at Armes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the &s;tanding of them that &s;peake in the Parliament.</HEAD>
<P>All the Peeres of the <HI>Parliament</HI> &s;hall &s;it, and none &s;hall &s;tand, but when he &s;peaketh; &s;o that every one of the <HI>Parli<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">ment</HI> may heare him. None &s;hall enter into <HI>Parliament,</HI> nor goe out o<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> <HI>Parlia|ment,</HI> but by one door: and when&s;oever he &s;peak|eth any thing which ought to be deliberated on by the <HI>Parliament,</HI> All they that &s;peak &s;hall &s;tand, the cau&s;e is that he may be heard of the Peeres; all which Peeres are judges and Ju&s;tices, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="13">
<HEAD>Touching the help and ayd appointed for the King.</HEAD>
<P>The King was not wont to require help or ayd of his Kingdome, unle&s;&s;e it were for Warre at hand, or for making his Sons Knights, or for mar|riages of his Daughters; and then he ought to re|quire &s;uch helpe in full <HI>Parliament,</HI> and to deliver it in writing to every degree of the Peeres of the <HI>Parliament,</HI> and to an&s;wer the &s;ame in writing. And we mu&s;t know that for the granting of &s;uch helps and ayd, it behooveth that all the Peeres of the <HI>Parliament</HI> agree. And we mu&s;t under&s;tand that two Knights which come to the <HI>Parliament</HI> for the Shires and County out of which they come, have a greater yoyce in <HI>Parliament</HI> to grant, then the greate&s;t Earle in <HI>England</HI>: and after the &s;ame man|ner the Proctors for the Clergie, or Clerks of the Convocation hou&s;e: for one Bi&s;hopricke have a greater voyce in <HI>Parliament,</HI> if they all agree, then the Bi&s;hop him&s;elfe. And this is true in all things which ought to be granted or denyed to the par|ty or are to be done therein. And this is manife&s;t becau&s;e the King may hold <HI>Parliament</HI> with the Communalty and Commons of the King &s;ome without Bi&s;hops, Earles, and Barons, yet &s;o, as they be &s;ummoned to the <HI>Parliament.</HI> Although no Bi|&s;hop, Earle or Baron, come according to their Summons, becau&s;e in times pa&s;t, neither was there Bi&s;hop, Earle nor Baron; and yet even then Kings
<PB REF="13">
kept their <HI>Parliament</HI>: but it is farre otherwi&s;e, on the other &s;ide; for though the Communalty, to wit, Laity and Clergie were &s;ummoned to the <HI>Parliament,</HI> (as of right they ought to be) yet for &s;ome certaine cau&s;es they would not come, as if they would pretend that the King did not govern them as he ought, and would in &s;peciality point out the Articles in which he mi&s;governed them, as he ought: not that then that <HI>Parliament</HI> is ut|terly none at al, though the Arch-bi&s;hops, Bi&s;hops, Earles, Barons, and all their Peeres and equalls were there with the King pre&s;ent at it: and there|fore all things which are to be affirmed or infor|med; granted or denyed, or to be done by the <HI>Par|liament,</HI> mu&s;t be granted by the Communalty of the <HI>Parliament,</HI> which &s;tandeth upon three de|grees or &s;orts gathered together in <HI>Parliament,</HI> that is to &s;ay, the Procters of the Cleargie, the Knights of the Shires, the Citizens and Burge&s;&s;es; who indeed repre&s;ent the whole Communalty of <HI>England</HI>; and next upon the Noble men, becau&s;e every one of them is at the <HI>Parliament,</HI> in his own proper per&s;on, and non other.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tonching the departure, or breaking up of the Parliament.</HEAD>
<P>The <HI>Parliament</HI> &s;hould not depart &s;o long as any Petition made thereto hangeth undi&s;cu&s;&s;ed, or undecided, or at the lea&s;t to which there is not made a determinate an&s;were: The Kings Maje&s;ty
<PB REF="14">
being de&s;irous of his Grace and favour to give the Subject redre&s;&s;e of any injury and not to &s;uffer his people to goe un&s;ati&s;fied. None of all the Peeres or equalls of the <HI>Parliament</HI> may or ought to depart alone from the <HI>Parliament,</HI> unle&s;&s;e he have obtained (and that in full <HI>Parliament</HI>) leave of the King, and of all his Peeres or equalls, &s;o to do, and that withall there be a remembrance kept in the <HI>Parliament</HI> roll of &s;uch leave and liberty granted. And if any of the Peeres or equalls, du|ring the time of the <HI>Parliament,</HI> &s;hall be &s;icke or weake, &s;o as he is not able to come to the <HI>Parlia|ment,</HI> then he mu&s;t three dayes together &s;end &s;uch as may excu&s;e him to the <HI>Parliament</HI>: but if they come not, then let there be &s;ent from the <HI>Parlia|ment,</HI> two of his Peeres or equalls to goe, and to certifie of his infirmity. And if there be any &s;u&s;|picion, let the&s;e two Peeres or equalls be &s;worn, that they &s;hall &s;peak the truth concerning the &s;ame: and if it be found out that he did faine or counterfeit, let him atturney or appoint &s;ome &s;ufficient man before them to be pre&s;ent at the <HI>Parliament</HI> his &s;tead, if he will: neither can he be further excu&s;ed if he be of &s;ound memory.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Departing of the <HI>Parliament</HI></HEAD>
<P>Ought to be in &s;uch a manner: fir&s;t it ought to be demanded, yea and publikly proclaimed in the <HI>Parliament,</HI> &amp; within the Pallace of the <HI>Parlia|ment,</HI> whether there be any that hath delivered a petition to the <HI>Parliament,</HI> and hath not received an&s;were thereto; If there be none &s;uch, it is to be
<PB REF="14">
&s;uppo&s;ed, that every one is &s;ati&s;fied, or els an&s;wered unto al the lea&s;t, &s;o far forth as by law hee may be.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Tran&s;cript or writing out of <HI>Records,</HI> and Proce&s;&s;e made in <HI>Parliament.</HI></HEAD>
<P>The Clarke of the <HI>Parliament</HI> &s;hall not deny to any man a Tran&s;cript or Copy of his Proce&s;&s;e, or Proce&s;&s;e in <HI>Parliament,</HI> if he do de&s;ire it, and the Clarke &s;hall take alwaies for ten lynes but one penny, unle&s;&s;e happily that he that requireth the tran&s;cript will give his faith, that he is not able to give it, and in that ca&s;e he &s;hall take nothing. The Role of the <HI>Parliament</HI> &s;hould containe in breadth ten Inches; and the <HI>Parliament</HI> &s;hall be held in what place it &s;hall plea&s;e the King.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of the degrees of the Peeres or equals of the <HI>Parliament.</HI></HEAD>
<P>The King is the head, the beginning and the ending, and &s;o he hath not any Peere or equall.</P>
<P>The &s;econd degree is of Arch-Bi&s;hops, Bi&s;hops, Abbots &amp;c. holding by Baroniet.</P>
<P>The third is of Proctors of the Cleargie, or Clarkes of the Convocation.</P>
<P>The fourth is of Earles, Barons, and others, great and noble per&s;onages, as afore&s;aid.</P>
<P><PB REF="15">The fifth degree is of the Knights of the Shire.</P>
<P>The &s;ixth degree is of Citizens and Burge&s;&s;es, and &s;o the whole <HI>Parliament</HI> &s;tands of &s;ix degrees; But we mu&s;t know that though any of the five de|grees be&s;ides the King, &s;hall be ab&s;ent, yet premo|ni&s;hed by &s;ummons, the <HI>Parliament</HI> is taken for full.</P>
<P>Thus have I declared unto you the ancient manner and cu&s;tome of holding <HI>Parliaments</HI> in <HI>England,</HI> to cleare the objection of &s;ome that &s;ay, <HI>Parliaments</HI> are not of that antiquity. I &s;hall in the next place, thinke it not ami&s;&s;e, in regard I have begun to &s;peake of ancient dayes, to give you &s;ome &s;ati&s;faction concerning &s;ome old cu|&s;tomes of <HI>England.</HI></P>
</DIV2>
</DIV1>
<DIV1 TYPE="discourse">
<PB REF="15">
<HEAD>ANCIENT CVSTOMES OF ENGLAND.</HEAD>
<P>_BEING de&s;irous for my own parti|cular &s;atisfaction to &s;earch and in|quire after reverenced Antiquity, it was my happe to light on an old manu&s;cript, which although in &s;ound is Saxon-like, yet in &s;ome thing it &s;avours of the Dani&s;h matters, &amp; of the ancient Briti&s;h Laws under the rule and government of the Danes: which writing writ in the Saxon tongue, I have tran&s;lated into Engli&s;h word for word, according to the true &s;ence and meaning thereof.</P>
<P>IT was &s;ometimes in the English Laws, that the People and the Laws were in Reputation: and then were the wi&s;e&s;t of the People Wor&s;hip-worthy, each in his degree, Lorle and Chorle, Theyn and underthem. And if a Chorle &s;o thriued that he had full fiue hides of his own Land, a Church and a Kit|chen, a Bell-hou&s;e &amp; a Gate, a &s;eat &amp; &s;everall
<PB REF="16">
offices in the Kings Hall; then was he thence|forth the Theyns right worthy. And if a Theyn &s;o thrived that he &s;erved the King, and on his me&s;&s;age, or journey rod in his hou&s;hold; if then he had a Theyne that him followed, who to the Kings expedition fiue hide had, and in the Kings Pallac his Lord &s;eru'd, and there with his errand had gone to the King, he might after ward with his fore Dath his Lords part play at any need. And if an Theyn &s;o thriued, that he became an Earle, then was he right forth an Earle right worthy. And if a Merchant &s;o thriued that he pa&s;&s;ed thrice ouer the wide Sea of his own craft, he was thenceforth the Theyns right worthy: And if a Scholler &s;o thriued through learning, that he had degree, and &s;erued Chri&s;t, he was thenceforth of dignity and peace &s;o much wor|thy as there to belonged, unle&s;&s;e he torfeited &s;o, that he the u&s;e of his dignity might be ta|ken from him.</P>
<P>The&s;e ruines of Antiquity make &s;hew of a per|petuity of Nobility, even from the beginning of this Iland: but times are changed, and we in them al&s;o. For King <HI>Edward</HI> the Confe&s;&s;or, la&s;t of the Saxon blood, coming out of <HI>Normandy,</HI> bringing in then the title of <HI>Baron,</HI> the Thayne from that time began to grow out of u&s;e; &s;o at this day men re|member not &s;o much as the names of them. And in proce&s;&s;e of time, the name of Baronage began
<PB REF="16">
be both in dignity and power &s;o magnificent above the re&s;t; as that in the name of the Baronage of <HI>England,</HI> all the Nobility of the Land &s;eem'd to be comprehended. As for Dukes, they were (as it were) fetcht from long exile, and againe renew'd by K. <HI>Edward</HI> the third. And Marque&s;&s;es and Vi|counts were altogether brought in by K. <HI>Richard</HI> the &s;econd, and K. <HI>Henry</HI> the &s;ixt.</P>
<P>But our Kings de&s;cended of the Norman blood, together with the Crown of the Kingdome, gran|ted an hereditary and &s;ucce&s;&s;ory perpetuity unto honourable titles; &s;uch I meane as are the titles of Earldome, and Baronies, without any difference of Sex at all, which thing I thought good to make manife&s;t by the examples of the more ancient times. In the reckoningup whereof that I may the better acquit and discharge my &s;elfe, I &s;hall in the Fir&s;t place de&s;ire the Reader to ob&s;erve three things. Fir&s;t, concerning the di&s;po&s;ition and in|clination of our King in the creating of the No|bility. Second, of the Cu&s;tome of transferring of Honours &amp; dignities by Families. And Thirdly of the force of time, and the change and alte|ration of things. For why, our Kings (who in their Kingdomes beare alone the ab&s;olute rule and &s;way) are with us the efficient cau&s;es of al Political Nobility. The titles of named Nobility by our Cu&s;tome, have this naturall and common, together with the Crown it &s;elfe, that the Heires Males fayling, they devolve unto the Women except in the fir&s;t Charters it be in expre&s;&s;e words other|wi&s;e
<PB REF="17">
provided; and yet &s;o that regard is alwayes to be had of the time, which is every where wont to beare &s;way in the formality of things.</P>
<P>In this manner (<HI>Harold</HI> being overcome) <HI>William</HI> the fir&s;t King, and Conquerour, having obtained the Soveraignty according to his plea&s;ure, be&s;tow|ed dignities and Honours upon his Companions and others; &s;ome of them &s;o connext and conjoynd unto the Fees them&s;elves, that yet to this day, the po&s;&s;e&s;&s;ors thereof may &s;eem to be innobled even with the po&s;&s;e&s;&s;ion of the Places only: as our Bi|&s;hops at this day, by rea&s;on of the Baronies joynd unto their Bi&s;hopricks, injoy the title and prehe|minence of Barons in highe&s;t A&s;&s;emblies of the Kingdome in <HI>Parliament</HI>: he gave and granted to others Dignities and Honours, together with the Lands, and fees them&s;elves. He gave to <HI>Hugh Lu|pus</HI> his Kin&s;man (a Norman) the Earldome of <HI>Che|&s;ter. Ad conquirendum et tenendum &s;ibi &amp; Haeredibus, adeolibere per gladium, &s;icut ip&s;e Rex tenuit Angliam per Coronam.</HI> To <HI>Hanus Rufus</HI> (then Earle of <HI>Brettaine</HI> in <HI>France</HI>) and his Heires the Earledom of <HI>Richmond. It a libere et honorifice, uteundem Edwinus. Comes anteatenu|erat.</HI> And the Earledome of <HI>Arundell</HI> (which <HI>Harald</HI> poe&s;&s;e&s;&s;ed) he granted, with a fee unto <HI>Roger</HI> of <HI>Montgomery.</HI> The fir&s;t two of which Honours (the Heires male fayling) by Women pa&s;&s;ed unto other Families: But the latter Earldome, <HI>Robert</HI> the Son of <HI>Roger</HI> being attainted of Trea&s;on, returned un|to King <HI>Henry</HI> the Fir&s;t, who gave the &s;ame in Dowry unto Queen <HI>Adeliza</HI> his wife. But the
<PB REF="17">
&s;ucceeding Kings, more &s;paringly be&s;towed &s;uch dignities, to be holden of them in Fee, granting for the better and more honourable maintenance of their &s;tocke add honour, the third part of the pleas of the Countie (as they term it) which they in their Charters cal <HI>Tertium denarium,</HI> or the third penny: &s;o that he that received the third penny of any province, was called Earle of the &s;ame; and &s;o by cu&s;tome the Women, the Heires male fayling.</P>
<P>And if any Earle or Baron dying without Sons, had many Women his heires, how&s;oever order was taken either by way of Covenant, or partiti|on, concerning the Lands &amp; po&s;&s;e&s;&s;ions, according to the Common Laws of the Kingdome, yet the dignitie and Honour (a thing of it &s;elfe indivi&s;a|ble) was &s;till left to be di&s;pos'd of, according to the Kings plea&s;ure, who in be&s;towing there of u&s;ually re&s;pected the prerogative of birth: by which right, K. <HI>Henry</HI> the third after the death of <HI>Iohn</HI> the Scot, dead without i&s;&s;ue (other Lands and revenews being by agreement given to his three Si&s;ters) united the Earldom of <HI>Che&s;ter</HI> with the ho|nour thereof unto the Crown. This is manife&s;t in the Earldome of <HI>Arundell,</HI> which (after <HI>Robert Be li&s;me</HI> Son to the afore&s;aid <HI>Roger Mountgomery</HI> dri|ven out by <HI>Henry</HI> the fir&s;t) K. <HI>Henry</HI> the &s;econd be|&s;towed upon <HI>william</HI> of <HI>Albine.</HI> Q. <HI>Adeliza</HI> his Mothers husband, and by a new Charter, confirmd it in fee, together with the Inheritance to him and his Heires, with the third pleas of <HI>Su&s;&s;ex,</HI> whereof he created him Earle. But <HI>Hugh</HI> the great, Nephew
<PB REF="18">
of this <HI>william</HI> the fir&s;t being dead without i&s;&s;ue, all the Earldome was divided among his foure Si|&s;ters, who&s;e dignitie and honour for all that, toge|ther with the Ca&s;tle of <HI>Arundel,</HI> was by <HI>Edward</HI> the fir&s;t, at length given to <HI>Richard Fitz-Alan</HI> (the Ne|phews Sonne to <HI>Iohn Fitz-Alan,</HI> and <HI>I&s;abell</HI> the &s;e|cond of the afore&s;aid Si&s;ters.</P>
<P>I will now pa&s;&s;e from <HI>Henry</HI> the third to <HI>Edward</HI> the fir&s;t his Sonne, there being for a time great di&s;|&s;ention betwixt him and certaine of his Nobili|ty, <HI>viz. Gilbert</HI> of <HI>Clare</HI> Earle of <HI>Hartford</HI> and of <HI>Gloce&s;ter: Humphrey</HI> of <HI>Bohun</HI> Earle of <HI>Hereford</HI> and <HI>Su&s;&s;ex,</HI> and Con&s;table of <HI>England</HI>; and <HI>Roger Bigod</HI> Earle of <HI>Norfolke,</HI> Mar&s;hall of the Kingdome: and that all tho&s;e Noblemen at length, had lo&s;t their Earldoms and Offices, they being reconcil'd to the King; afterward they againe by new Charters re|ceived the &s;ame in this manner. The fir&s;t of them to him&s;elfe and <HI>Ioane</HI> his Wife, the &s;ame <HI>K.</HI> Daugh|ter, his &s;econd wife, for term of both their lives; &amp; to the children to be by both of them begoten (his two Daughters by his fir&s;t wife being excluded.) This <HI>Ioane</HI> (called <HI>Ioane</HI> of <HI>Acon</HI>) bare unto h<GAP DESC="illegible" RESP="UOM" EXTENT="1+ letters"> thu&s;|and <HI>Gilbert</HI> a Sonne called al&s;o <HI>Gilbert</HI>; but &s;he the &s;econd time &s;ecretly marryed unto one <HI>Ridulph,</HI> of <HI>Mont Hermeri</HI> (without the King her Fathers knowledge) and in her own right, made the &s;ame <HI>Radulph</HI> Earle &s;o long as &s;he lived: but &s;he being dead, <HI>Gilbert</HI> her Sonne by the afore&s;aid <HI>Gilbert</HI> &s;uc|ceeded againe into the Earldome, <HI>Radulph</HI> his Father in Law being yet alive. In the &s;ame man|nner
<PB REF="18">
he re&s;tored to the afore&s;aid <HI>Humphrey</HI> of <HI>Bohun</HI> his Earldome and Con&s;table&s;hip, unto whom he al&s;o gave in Marriage <HI>Elizabeth</HI> another of his Daughters, Widdow, to <HI>Iohn</HI> Earle of <HI>Holland</HI>: and to the third he re&s;tored the Earldome of <HI>Norfolke,</HI> and the Office of Mar&s;hal, with the yearly increa&s;e of a thou&s;and marks, upon condition if the heires male of his body to be begotten fayling, both &s;hould return againe to the King. At length this <HI>Roger</HI> dyed without i&s;&s;ue, in the xxxv. yeare of him, the &s;aid <HI>Edward</HI> the fir&s;t, <HI>viz.</HI> in the la&s;t yeare of his raigne: and K. <HI>Edward</HI> his Sonne, the &s;econd of that name, both by a new Creation and Charter, gave the Earldome and the Mar&s;hall&s;hip to <HI>Thomas</HI> of <HI>Brotherton,</HI> and his heire male.</P>
<P>The&s;e things I have thus propounded, thereby to &s;hew how according to the diver&s;e di&s;po&s;itions of Princes, and change of times, it hath by little and little varied in the fir&s;t be&s;towing of dignities and honours: Of which thing (that new Law) and to them of ancient time unknown, made by King <HI>Edward</HI> the fir&s;t, &s;eemeth afterward to be of no &s;mall moment, whereby, he favouring certaine private men, more carefull of their own &s;irname, then of their po&s;terity, it was thought good by him to decree to make Fees to belong to men on|ly. That Law which I would in latine call <HI>Gentili|tium Municipale,</HI> and which the Lawyers common|ly call <HI>Mis taliatum,</HI> and <HI>Talliabile</HI>; or the Law of cutting off: for that it cutteth off Succe&s;&s;ions be|fore generall, and re&s;traineth them to the parti|cular
<PB REF="19">
heires of Families, which &s;eemeth to have given an occa&s;ion of change in the giving and be|&s;towing of dignities and honours. For ever &s;ince that time, in the Creating of any new Earle, it is begun to be altered by expre&s;&s;e words in all Char|ters, provided, that it &s;halbe but for terme of life onely, or di&s;cend unto the heires males alone, the women being quite excluded. And for this I need not examples to prove; for why, the thing it &s;elfe proveth the &s;ame. But the force and efficacie of this Law of Entaile (or of cutting off) I have thought good thus in few words to declare.</P>
<P>And what I have &s;ayd concerning Earles, the &s;ame may be &s;ayd al&s;o of Barons, created by Char|ters, but in Barons created by Re&s;cripts, or writs of &s;ummons, yet re&s;ting upon mo&s;t ancient cu&s;tom not &s;o.</P>
<P>For in them (one onely excepted, &s;ent forth to <HI>Henry Bromflet,</HI> wherein it was provided him, that &s;ame <HI>Henry</HI> and his heires Male of his Body, law|fully begotten, onely to be Barons of <HI>Ve&s;ey</HI>) women the heires Male fayling, were not in ancient time forbidden, orimbarred, but that they might be accounted, and by name &s;tiled Honourable, with the preeminence of the dignity, and calling of Barons: and after they had borne a Child, ac|cording to the ancient favour of our Lawes, (and the cu&s;tome of the Kingdom) graced their Hu&s;|bands al&s;o with the &s;ame honour, and with the &s;ame by Inheritance, ennobled their Children, yea without the po&s;&s;e&s;&s;ions of tho&s;e places, from
<PB REF="19">
whence the name of &s;uch dignities and honours may &s;eeme fir&s;t to have ri&s;en. For fees and Lo|call po&s;&s;e&s;&s;ions circum&s;cribed by the Law, are tran&s;lated and carried from one family unto ano|ther, and u&s;ually enrich their Lords, and owners, the po&s;&s;e&s;&s;ors thereof, but yet of them&s;elves nei|ther being, nor take away nobilitie, either dative or native; by example to maife&s;t the&s;e things, were but needle&s;&s;e, &amp; of litle con&s;equence, for why, all the mo&s;t ancient Baronies, &amp; the more ancient &s;ort of the Barons at this day, are in this point on my &s;ide, and if any &s;hall object again&s;t me in this point, unto him I will oppo&s;e, either the force of time, or the carele&s;ne&s;&s;e and lack of looking unto. But cu&s;tomes are &s;till like them&s;elves, nor mu&s;t we detract from the authority of Kings, who al|though they have &s;uch &s;upereminent, and unde|terminate prerogative, as that they may &s;eeme &s;ometimes to have of favour granted &s;ome things be&s;ide the Law, yet it &s;hall nor appeare them, re|que&s;ted to have done, or yet &s;uffered to have been done, any thing contrary to the cu&s;tom of Stocks, and Families, &s;o &s;ometimes they, not regarding the &s;olemnities of Ceremonies, and Charters, have onely by their becks (that I may &s;o &s;ay) &s;uffered dignities, and honours, to be tranferred, as in <HI>Ranulph Blundevill</HI> Earle of <HI>Che&s;ter,</HI> and of <HI>Lincolne,</HI> to be &s;eene for the Earldome of <HI>che&s;ter,</HI> he permitted after the manner, to di&s;ceud to <HI>Iohn</HI> the <HI>Scot</HI> his Nephew, by <HI>Maude</HI> the elder of his Si&s;ters: But the Earledome of <HI>Lincolne</HI> (the King thereunto con&s;enting) he yet alive, delivered unto <HI>Hawi&s;ia</HI>
<PB REF="20">
another of his Si&s;ters, then married to <HI>Robert Quincy,</HI> by his Deede in the 7^t^h. yeare of <HI>Henry</HI> the third.</P>
<P>The&s;e things I &s;ay, were of old and ancient time, but at this day not &s;o, for &s;uch is the force of time, and change in altering the formes of things, as that in eating out of the old, bringeth &s;till in new: &s;o unto Earles, whom we &s;aid 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 &s;ome of money is at this day, yearely paid them out of the Exchequer, and they the titles of &s;uch places, as wherein they have no juri&s;diction, ad|mini&s;tration, or profit at all. Barons al&s;o who as the Fathers and Senators in ancient times among the <HI>Romans</HI> were cho&s;en by their Se&s;tercia, were in like manner wont to be e&s;teemed and valued by Knights fees, for why he which had and po&s;|&s;e&s;&s;ed thirteene Knights fees, and a little more, was to be accounted among the Barons, are now more &s;eldom times cho&s;en for their vertue, their great wealth, and large po&s;&s;e&s;&s;ions.</P>
<P>Neither is there any let, but that a man may hould and &s;till retaine the name and title of a Ba|rony, the head of which Barony, (as they terme it) he hath afterward &s;ould or alienated to &s;ome other common per&s;on.</P>
<P>In briefe, our Kings Royall Maje&s;ty is alwaies like it &s;elfe, con&s;tant, and the &s;ame, which having regard to the vertue, &s;tock, wealth, and &s;ub&s;tance,
<PB REF="20">
of any man (whereby he may with his coun&s;ells &s;ervice, profit the Common-wealth) may in every place freelie give and be&s;tow dignities and ho|nours, &s;omtimes chu&s;ing no more Barons then one, out of one and the &s;ame Family, The cu&s;tome of the &s;ucce&s;&s;ion of the former and more ancient Baron, being &s;til kept whole, &amp; not in any hurt, as wee &s;ee, <HI>Edward</HI> the &s;ixt, wi&s;ely to have done in the family of the <HI>Willobies</HI> of <HI>Er&s;by,</HI> brought forth al&s;o another Barony of <HI>Parham,</HI> 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 dig|nities, wherefore I may not without cau&s;e &s;eeme to rejoyce, on the behalfe of our Nobilitie of great <HI>Brittaine</HI> which hath had alwaies Kings them&s;elves Authors, Patrons, Governors, and Defenders thereof, that when Lands, Fees, and Po&s;&s;e&s;&s;ions, &s;ubjects to Covenants, or agreements, are &s;till to&s;&s;ed and turmoyl'd with the &s;tormes of the judiciall Courts, and of the Common Law, it is onely unto the Kings them&s;elves, beholding, and re&s;teth upon Heroicall orders, and in&s;titutions proper and familiar, unto it &s;elfe, &s;o that,
<Q><L>Per Titulos numerentur avi, &s;emper que renat</L>
<L>Nobilitate virent, et prolem fata &s;equantur:</L>
<L>Continuum propri&acirc; &s;ervantia lege tenorem.</L></Q></P>
<P>By Titles great-mens Ance&s;tors are known, the po&s;terity of whom, injoy the &s;ame to their flouri&s;hing and everla&s;ting fame.</P>
<P><PB REF="21"><HI>William</HI> the Conqueror after the death of <HI>Herold,</HI> having confin'd the Kingdom to him&s;elfe, laid the&s;e foundations of ancient and worthy Nobi|lity, which afterwards by his &s;ucce&s;&s;ours, accord|ing to the divers occurrants, and occa&s;ions, by little and little, became at length in the raigne of King <HI>Henry</HI> the <HI>third,</HI> and <HI>Edward</HI> the <HI>fir&s;t,</HI> to ap|peare a Godly, and &s;tately building, who having vanqui&s;hed the Wel&s;h-men; and contending with the Scots bordering upon them, for Principality and Soveraignety, entreating of all things con|cerning the Common-weale, with the three States of the Kingdome (with con&s;i&s;teth of the Nobilitie, the Cleargie, and Communaltie) they them&s;elves in their Royall maje&s;ty &s;itting in <HI>Par|liaments,</HI> appointed unto every man a prehemi|nence, according to the place of his dignity, from whom e&s;pecially all the Nobility of our age, may &s;eeme to deriue the diver&s;e and appoin|ted degrees of dignities, and honours.</P>
<P>Now to abreviate much that might be writ in the continuance of this di&s;cour&s;e, I &s;hall de&s;ire to &s;traighten my purpo&s;e to &s;ome hand&s;ome conclu|&s;ion, by the ob&s;ervation of the degrees and &s;itting of our Engli&s;h Nobility, in the <HI>Par|liament</HI> Chamber, out of the Statute of the 31. of K. <HI>Henry</HI> the 8. who of his Princely wi&s;|dome, with the full a&s;&s;ent of the whole <HI>Parliament,</HI> cau&s;ed a perticular Act to be made, for the pla|cing of the Nobility, in the upper hou&s;e of
<PB REF="21">
<HI>Parliament,</HI> the effect whereof I have here recited.</P>
<P>That fora&s;much as in all great A&s;&s;emblies and Congregations of men, having degrees and offices in the Common-wealth, it was thought fit and convenient, that order &s;hould be taken for the placing and &s;itting of &s;uch per&s;ons as are bound to re&s;ort to the &s;ame, to the intent that they knowing their places, might u&s;e the &s;ame without di&s;plea|&s;ure; the places of wch. great offices de&s;erve re&s;pect 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 &s;uch high dignity, that all hereditary honour what&s;oever, under the degree of Royalty (may at all times) without di&s;paragement give them place and precedencie. The placing of the&s;e mo&s;t Noble and great Officers both in the <HI>Parli|ament</HI> hou&s;e, and other A&s;&s;emblies, is after this worthy and di&s;tinct order.</P>
<P>That is to &s;ay, the Lord Chancellor or L. Keeper, the L. Trea&s;urer, the L. Pre&s;ident of the Kings Privie Councell, and the L. Privy Seale, being of the degree of Barons of the <HI>Parliament</HI> or above to &s;it on the highe&s;t part of the form, on the left &s;ide in the <HI>Parliament</HI> Chamber; &amp; above al Dukes, ex|cept tho&s;e wch. are the Kings Sons; the Kings Bro|thers, his Uncles, his Nephews, or his Brothers or Si&s;ters Sonnes: but if any of the&s;e foure great Offi|cers afore&s;aid &s;hal be under the degree of a Baron, then he or they to &s;it on the uppermo&s;t part of the Sackes in the midde&s;t of the <HI>Parliament</HI> Chamber, in &s;uch order as is afore&s;hewed.</P>
<P><PB REF="22">As touching the other, it was enacted that the I. great Chamberlaine, the L. Con&s;table, the L. Mar&s;hall, the L. Admirall, the L. Steward, and the L. Chamberlaine of the Kings hou&s;hold, &s;hall be placed next to the L. Privie Seale, each of them above all other per&s;onages, being of their owne e&s;tates or degrees; and holding the &s;ame prece|dence, as they are formerly named.</P>
<P>La&s;tly, the principall Secretary being of the de|gree of a Baron, &s;hall be rang'd above all Barons, (not having any of the former offices al&s;o) and this range and precedencie to continue to all the great Officers in generall, which are before na|med; both in <HI>Parliament,</HI> in Councell Chamber, in the Starre Chamber, at the tryall of Peeres; and in all other A&s;&s;emblies what&s;oever.</P>
<P>This in briefe is the effect of the Statute, expre&s;|&s;ing the dignity and place of our mo&s;t princi|pall and &s;upreme&s;t Temporall Officers, of which the fir&s;t and chiefe&s;t is the L. Chancellor, or L. Keeper, who is &s;aid to be the Kings Con&s;cience, his mouth, and confirmation, for by him all the ri|gours of the law are bridled: the Kingswil in grace con&s;ultations revealed, and his gifts and preroga|tives confirmed; before him all the great bu&s;ine&s;&s;e of the Common-wealth is di&s;patcht, either at Councell Table, in Starre-Chamber, or in the Chancery, where hee hath a principall voyce, and precedence: and la&s;tly, he hath the keeping of the great Scale of the Kingdome, in which is expre&s;t a reputation &s;o &s;erious, that all Subjects
<PB REF="22">
lifes and E&s;tates depending on the &s;ame.</P>
<P>The next in place is the L. high Trea&s;urer of <HI>England,</HI> to who&s;e tru&s;t the Kings Trea&s;ure is com|mitted, who is a man of that noble, worthy, &s;weet and generous di&s;po&s;ition, of important confi|dence, of noble e&s;timation, excellent in wi&s;dom and high in e&s;timation, and to his wi&s;dome and excellent judgement, is referred the whole man|age of the Kings entire E&s;tate, and the provident regard of the wealth and flouri&s;hing pro&s;perity of all the K. Subjects: He is the prime Officer Judi|cature, betweene the King and his Tenants, and hath dependance on the Councell Table, the Ex|chequer and the Kings Royall Hou&s;e and Family.</P>
<P>The next to the&s;e is the L. Pre&s;ident, of the Kings mo&s;t honourable Privy Coun&s;ell, and is the chiefe man (next the King) belonging to the high and honourable A&s;&s;embly, and hath in his power, under the Kings Maje&s;ty, the mannage of the priuileges of that Honourable Table.</P>
<P>The next is the L. Privy Scale, an e&s;peciall En&s;igne of credit belonging to this Kingdome, having cu&s;todie and charge of the Kings le&s;&s;er Seal, which gives te&s;timony of the Kings fauours and bounty, but al&s;o making the way cleare and acce&s;|&s;able to the great Seale, in which con&s;i&s;ts the &s;trength of his Maje&s;ties confirmations; The&s;e fir&s;t foure great Officers are civill, and judicature, as depending on the publique State: after whom follow &s;ix other which are as well Military as Civill, having the managing of all matters of Honour, and Warlike proceedings.</P>
<P><PB REF="23">The fir&s;t of which is the <HI>L.</HI> Chamberlaine of the Kingdome, who&s;e Office is of the greate&s;t imploy|ment, in all publique A&s;&s;emblies, as Coronations, Parliaments, Tryumphs, or any Solemnitie, where the King him&s;elfe rideth in per&s;on: which Office is not Officiary, but Honorarie, depending by a feudall right, unto the Noble hou&s;e of the Earles of <HI>Oxenford.</HI></P>
<P>After this is the L. Con&s;table of the kingdom, who was the fir&s;t and principall Generall under the <HI>King</HI>? of all the Land forces, and in all occa&s;i|ons of Martiall affaires, had the principall nomi|nation of Officers, and ordering of Munition for &s;uch imployment.</P>
<P>Then is the L. Mar&s;hall of the Land, a great and renowned Officer, in whom con&s;i&s;t the &s;oluti|ons of all differences in Honour, and di&s;pen&s;ation of al things appertaining to the great or le&s;&s;er No|bility. Next followeth the Office of the L. Ad|mirall of the Land, who is the Kings Generall, and chiefe Commander at Sea, and hath care and charge of all his Maje&s;ties Royall Navy, and the cen&s;uring of all Marine cau&s;es what&s;oever.</P>
<P>The next following is the L. Steward of the Kings Hou&s;ehold, in who&s;e tru&s;t and government is repo&s;ed the ordering of all the great and No|ble Families, the di&s;cu&s;&s;ion of all controver|&s;ies, the placing and removing of Officers, and the di&s;po&s;ing of all things therein, for his Maje&s;ties renowne and dignity.</P>
<P>The la&s;t of the&s;e great Officers, is the <HI>L.</HI> Cham|berlaine
<PB REF="23">
of the Kings Royall Hou&s;ehold, unto who&s;e great tru&s;t, faith, and integrity, is com|mitted, the guard of the Kings Royall per&s;on, he hath the controle, and commandement, of all Officers and others, who&s;e dependance is on the Kings per&s;on; and how&s;oever &s;ome would limit his rule above the Sayters, yet it is over the whole Court, and in all places where&s;oever the King is pre&s;ent: with many other priveledges which at this time cannot be fully recited.</P>
<P>After all the&s;e great Offices, and Officers, I mu&s;t nece&s;&s;arily add one great Officer more, name|ly the Kings chiefe and principall Secretary of E&s;tate, who de&s;erves a due re&s;pect by his high and Honourable Place, in regard he is &s;o intimate and nigh to all affaires, of his Maje&s;tie, either pri|vate or particular.</P>
<DIV2 TYPE="document">
<PB REF="24">
<HEAD>THE FORME OF THE KINGS MAIESTIES WRIT TO THE PEERES TO AS|SEMBLE IN PARLI|AMENT.</HEAD>
<P><HI>CAROLUS</HI> &amp;c. Chari&s;&s;imo con&s;anguineo &s;uo E. Comit. D. &s;alutem. Quia de ad|vi&s;amento et a&s;&s;en&s;u con&s;ilii no&s;tri pro quibu&s;|dam arduis urgentibus negotiis nos, &s;tatum et defen&s;i|onem regni no&s;tri Anglie et Eccle&s;ie Anglicane concernent quoddam Parliamentum no&s;trum apud Ci|vitatem no&s;tram <HI>We&s;tmona&s;terium</HI> tertio die <HI>Novem|bris</HI> prox<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">futur: teneri ordinavimus, et ibid. vobi&s;cum ac cum Prelat. magnatibus et proceribus dict. Regni no&s;tri colloquium habere, tractare, vobis &s;ub fide et li|geanciis, quibus nobis tenemini, firmiter injungend. mandamus, quod con&s;ider at. dictorum negotiorum arduitate et periculis imminentibus, ce&s;&s;ante excu&s;ati|one quacunque, dict. die et loco per&s;onaliter inter&s;itis nobi&s;cum, ac cum prelatis, magnatibus et proceribus pre|dictis, &s;uper dictis negotiis tractatur. ve&s;trumque con&s;i|lium impen&s;ur. et hoc &s;icut nos et honorem no&s;trum ac &s;alvationem et difen&s;ionem Regni et Eccle&s;ie predi|ctorum expeditionemque dictorum negotiorum diligi|tis, nullatenus omittatis. Te&s;te me apud We&s;t. decimo octavo die <HI>Septembris,</HI> Anno Regni no&s;tri 16.</P>
</DIV2>
<DIV2 TYPE="document">
<PB REF="24">
<HEAD>THE FORME OF THE <HI>Writ to the Sheriffe &amp;c. for the election of the Knights and Burge&s;&s;es to a&s;&s;emble in</HI> Parliament.</HEAD>
<P><HI>REX</HI> Vic. N. &amp;c. Salut. quia de advi&s;amen|to et a&s;&s;en&s;u con&s;ilii no&s;tri pro quibu&s;dam arduis et urgentibus negotiis nos, &s;tatum, de|fen&s;ionem Regni no&s;tri Anglie et Eccle&s;ie, Ang|licane concernen: quoddam <HI>Parliamentum</HI> no&s;trum apud Civitatem no&s;tram We&s;t, tertio die <HI>Novembris,</HI> prox: futur. teneri ordinavimus, et ibid. cum prela|tis magnatibus et proceribus dicti Regni no&s;tri collo|quium habere et tract.</P>
<P>Tibi precipimus firmiter injungentes quod facta proclamation. in prox. Comitat. tuo po&s;t receptionem huius brev. no&s;tritenend. die et loco predict. duos milit. gladijs cinct. magis idoneos et di&s;cretos Comit. predict. et de qualib. Civitate com. illius duos Cives, et de quolibet Burgo duos Burgen&s;es de di&s;cretior. et magis &s;ufficienti|bus libere et indifferenter per illos qui proclam: huju&s;modi interfuer. juxta formam &s;tatutorum inde edit. et provi&s; eligi, et nomina eorundem milit. Civi|um
<PB REF="25">
et Burgen&s;ium, &s;ic Electorum, in quibu&s;dam Inden|tur. inter te et illos qui huiu&s;modi Electionis interfu|erit, inde conficiendum, &s;ive huju&s;modi electi prae&s;entes fuerint vel ab&s;entes, in&s;eri, eo&s;que ad dict. diem et locum venire fac. Ita quad ijdem milites plenam et &s;ufficientem pote&s;tatem pro &s;e et communitate Comit. predict, ac dict. C<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ves et Burgen&s;es pro &s;e et communi|tate Civitatum et Burgorum predictorum divi&s;im ab ip&s;is habeant ad faciendum et con&s;entiendum his quae tunc ibid. de communi con&s;ilio dicti regni no&s;tri (fa|vente Deo) contigerint ordinari &s;uper negotijs <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">nte|dictis; Ita quod pro defectu pote&s;tatis huiu&s;modi, &s;eu propter improvidam Electionem milit. Civium, aut Burgen&s;ium predictorum, dicta negotia infect a non re|maneant quovis modo. Nolumus autem, quod tu nec aliquis alius vic. dicti Regni no&s;tri aliqualiter &s;it e|lectus. Et electionem illam in pleno Comitatu fa|ctam, di&s;tincte et aperte &s;ub &s;igillo tuo et &s;igillis eorum qui electioni illi interfuerint nobis in Cancellar. no&s;tr dict. diem et locum certifices indilate, re|mittens nobis alteram partem Jndentur. predict a rum pre&s;entibus con&s;uet. una cum hoc breve. Te&s;te me|ip&s;o apud We&s;t. 18. die <HI>Septembris,</HI> anno Regni no&s;tri 16.</P>
</DIV2>
<DIV2 TYPE="list of proceedings">
<PB REF="25">
<HEAD>The order of the proceeding to <HI>Par|liament,</HI> of the mo&s;t high and mighty <HI>Prince</HI> King CHARLES, on monday the 13. of <HI>Aprill</HI> 1640. In the 16. yeare of his Maje&s;ties raigne, fir&s;t on Hor&s;eback from <HI>White-Hall</HI> to <HI>We&s;tmin&s;ter-Abby-Church,</HI> and from thence on foot to the <HI>Parlia|ment hou&s;e. viz.</HI></HEAD>
<LIST>
<HEAD>Me&s;&s;engers of the Chamber 2. and 2. Trumpets.</HEAD>
<ITEM>The Ma&s;ter of the Chancery,</ITEM>
<ITEM>The Kings Pui&s;ne Sergeants at Law,</ITEM>
<ITEM>The Kings Solicitor,</ITEM>
<ITEM>The Kings Attourny Generall.</ITEM>
<ITEM>The Kings 2 Ancient Sergeants at Law.</ITEM>
</LIST>
<LIST>
<HEAD>Ma&s;ters of the Reque&s;t 2. and 2.</HEAD>
<ITEM>Barons of the Exchequer. of the degree of the Coyfe of the &s;aid Courts.</ITEM>
<ITEM>Iu&s;tices of the Common-pleas. of the degree of the Coyfe of the &s;aid Courts.</ITEM>
<ITEM>Iu&s;tices of the kings-Bench. of the degree of the Coyfe of the &s;aid Courts.</ITEM>
<ITEM><LIST>
<HEAD>together.</HEAD>
<ITEM>The Lord chiefe Baron of the Exchequer</ITEM>
<ITEM>The Ma&s;ter of the Roles</ITEM>
</LIST></ITEM>
<ITEM><LIST>
<LABEL>together.</LABEL>
<ITEM>The two Lord chiefe Iu&s;tices of the Kings Bench and Common-pleas </ITEM>
</LIST></ITEM>
<ITEM>Pur&s;evants at Armes.</ITEM>
<ITEM>Privy Coun&s;ellors.</ITEM>
<ITEM>Heraulds 2.</ITEM>
<ITEM><PB REF="26">Barons in their <HI>Parliament</HI> Robes 2 and 2. being all in number 53.</ITEM>
<ITEM><HI>Lord Bi&s;hops 2 and 2 according to their con&s;ecrations.</HI></ITEM>
<ITEM>Bi&s;hop of <HI>Winche&s;ter.</HI></ITEM>
<ITEM>Bi&s;hop of <HI>Dure&s;me.</HI></ITEM>
<ITEM>Bi&s;hop of <HI>London,</HI> now being Lord Trea&s;urer in another place.</ITEM>
</LIST>
<LIST>
<HEAD>Two Heraulds. Vi&s;counts in their Robes 2 and 2.</HEAD>
<ITEM>Vi&s;count Camden.</ITEM>
<ITEM>Vi&s;count Conway.</ITEM>
<ITEM>Vi&s;count <HI>Say,</HI> and <HI>Seale.</HI></ITEM>
<ITEM>Vi&s;count <HI>Purbeck.</HI></ITEM>
<ITEM>Vi&s;count <HI>Mountague.</HI></ITEM>
</LIST>
<LIST>
<HEAD>Two Heraulds. Earles in their Robes 2 and 2. being in number 62.</HEAD>
<ITEM><LIST>
<HEAD>together.</HEAD>
<ITEM>The Lord Chamberlaine</ITEM>
<ITEM>The Lord Steward of the K. Hou&s;ehold</ITEM>
<ITEM>And the Lord Admirall</ITEM>
</LIST></ITEM>
<ITEM>The Marques of <HI>Winche&s;ter.</HI></ITEM>
<ITEM>The Duke of <HI>Buckingham,</HI> under age.</ITEM>
</LIST>
<LIST>
<HEAD>Norroy and Clarencieux.</HEAD>
<ITEM>The Lord Privy Seale.</ITEM>
<ITEM>The Lord Trea&s;urer of <HI>England.</HI></ITEM>
<ITEM>The Arch-Bi&s;hop of <HI>York.</HI></ITEM>
<ITEM>Lord-keeper of the great Seale.</ITEM>
<ITEM>The Arch-Bi&s;hop of <HI>Canterbury.</HI></ITEM>
<ITEM><LIST>
<HEAD>Sergeant at Armes from the Sword forward.</HEAD>
<ITEM>Gent. V&s;her black rod on the right han.</ITEM>
<ITEM>Garter in the middle unco|vered.</ITEM>
<ITEM>Another G. V&s;her all bare.</ITEM>
</LIST></ITEM>
<ITEM>The Prince in his Crim&s;on Velvet Robes, Hood,
<PB REF="26">
and Cap of E&s;tate, thereon his Coronet, his Trayn borne by.</ITEM>
<ITEM><LIST>
<ITEM>The Sword borne by The great Cham|berlaine on the right hand</ITEM>
<ITEM>The Sword borne by The Earle Mar&s;hall on the left hand.</ITEM>
</LIST></ITEM>
<ITEM>The Cap of E&s;tate borne by. Footmen.</ITEM>
<ITEM><LIST>
<LABEL>Pentioners on foot with their Axes. E&s;quires.</LABEL>
<ITEM>The Kings Maje&s;ty in his <HI>Parliament</HI> Robes and <HI>Crowne,</HI> his Maje&s;ties Traine borne by three Earles or Lords elde&s;t Sonnes, a&s;&s;i&s;ted by the Gentlemen of the Robes all on foo.</ITEM>
</LIST></ITEM>
<ITEM>The Mr. of the Hor&s;e leading the Hors of honour.</ITEM>
<ITEM><LIST>
<HEAD>together.</HEAD>
<ITEM>The Captaine of the Pentioners</ITEM>
<ITEM>The Captaine of the Guard</ITEM>
</LIST></ITEM>
<ITEM>The Guard 2 and 2 on foot.</ITEM>
</LIST>
<P>All the time the King is in the Church, the Pre|bends carry the Canopy of the Church over him: but when he commeth out of the Church, the Gent. of the Privy Chamber carry another Ca|nopy over him to the <HI>Parliament</HI> Hou&s;e.</P>
<P>The Church delivereth a Scepter to the King at his coming in, which is delivered back at his go|ing out.</P>
<P><HI>The proceeding to the Parliament of the mo&s;t high and mighty Prince, King </HI>CHARLES<HI>, on Tue&s;day the third day of </HI>November<HI>, being in the 16th. yeare of his Maje&s;ties reigne Anno Dom. 1640. from </HI>White-hall<HI> by water to </HI>We&s;tmin&s;ter<HI>, and from thence on foot to the </HI>Parliament<HI> hou&s;e.</HI></P>
<P>All things in manner and for me as before parti|culariz'd was ob&s;erved in this &s;tately going of the Kings Maje&s;ty the Prince and Peeres to <HI>Par|liament,</HI>
<PB REF="27">
onely in &s;ome things different from the former.</P>
<LIST>
<HEAD>Norroy and Clarenciux.</HEAD>
<ITEM>Sergeant at Armes. Lord Privy Seale. Sergeant at Armes.</ITEM>
<ITEM>Sergeant at Armes. Lord Trea&s;urer of <HI>England.</HI> Sergeant at Armes.</ITEM>
<ITEM>Sergeant at Armes. Lord Arch-bi&s;hop of <HI>York.</HI> Sergeant at Armes.</ITEM>
<ITEM>Sergeant at Armes. Lord Keeper of the great Seale. Sergeant at Armes.</ITEM>
<ITEM>Sergeant at Armes. Lord Arch-bi&s;hop of <HI>Canterbury.</HI> Sergeant at Armes.</ITEM>
</LIST>
<LIST>
<ITEM>Garter bare headed.</ITEM>
<ITEM>A Gentleman V&s;her bare|headed.</ITEM>
<ITEM>A Gentleman V&s;her of the black Rod bareheaded.</ITEM>
</LIST>
<P>The Prince his highnes in his Parliament Robes with Cap and Coronet, his highne&s;&s;e Trayne borne by the Lord <HI>Francis Villars,</HI> &s;econd Sonne to the Duke of <HI>Buckingham,</HI> and the Lord <HI>Ogle.</HI>
<LIST>
<ITEM>The Cap of E&s;tate borne by the Earle of <HI>E&s;&s;ex.</HI></ITEM>
<ITEM>The Earle Mar|&s;hal on the left hand.</ITEM>
<ITEM>The Sword borne by the Earle of Bath.</ITEM>
<ITEM>The Lord great Chamberlaine on the right hand.</ITEM>
</LIST></P>
<P>The Kings Maje&s;tie in his <HI>Parliament</HI> Robes, <HI>and</HI> his Crowne on; His Maje&s;ties Traine, borne by the Duke of <HI>Buckingham,</HI> Earle of <HI>Oxford,</HI> Lord <HI>Herbert</HI> of <HI>Cardiff,</HI> Lord <HI>Cecill</HI> of <HI>E&s;&s;endon</HI> and Lord <HI>Li&s;le,</HI> a&s;&s;i&s;ted by the Gentlemen of the Robes.</P>
<P><LIST>
<ITEM>Gentlemen Pen&s;ioners on each &s;ide with their Axes.</ITEM>
<ITEM>The Captaine of the Guard.</ITEM>
<ITEM>The Guard.</ITEM>
</LIST></P>
</DIV2>
<DIV2 TYPE="part">
<PB REF="27">
<HEAD>The Prerogative of the high Court of <HI>Parliament.</HI></HEAD>
<P>OF all the Courts of Judicature in <HI>England,</HI> the Court of <HI>Parliament</HI> is the chiefe&s;t and greate&s;t Councell of E&s;tate, called and appointed by the Kings Maje&s;ty, the Lords of the upper Hou&s;e, by per&s;onall writs of &s;ummons; And for the Commons Hou&s;e a generall writ is &s;ent to the Sheriffe, of every Shire, or County, to call toge|ther all &s;uch freeholders, (which can di&s;pend for|ty &s;hillings yearely out of their owne free Lands, at lea&s;t) for the electing two Gent. for Knights of the Shire: the like is directed to the Cinque Ports, for choyce of their Barons, to each Citie, Burrough Towne, and Vniver&s;ity, for choyce of two Burge&s;&s;es, for every of them, to repre&s;ent their &s;everall bodies in <HI>Parliament.</HI></P>
<DIV3 TYPE="subpart">
<HEAD>The time and place of meeting.</HEAD>
<P>This honourable A&s;&s;emblies meeting is noticed by the Kings Maje&s;ty, to all his Subjects by Pro|clamation.</P>
<P>The end of calling this great A&s;&s;embly, is ei|ther the di&s;turbance of the Church, by Here&s;ie or Schi&s;me, danger of the Kingdome, by War offen|&s;ive or defen&s;ive, or for the reliefe of the Subject, di&s;turbed in the Courts of Ju&s;tice by ill cu&s;toms, undue execution of the Lawes, oppre&s;&s;ion &amp;c.</P>
<P>From this high Court lies no appeale, the de|termination
<PB REF="28">
there of being pre&s;umed to be the act of every particular Subject, who is either pre&s;ent per&s;onally, or con&s;enting by his A&s;&s;ignee, &s;uffra|ged by him&s;elfe.</P>
<P>This honourable A&s;&s;embly con&s;i&s;ts of two hou|&s;es, Vpper and Lower. The upper is made up by the Lords Spirituall and Temporall, as Arch|bi&s;hops, Bi&s;hops, Dukes, Marque&s;&s;es, Earles, Vi&s;|counts, Barons, no member of that hou&s;e being under the degree of a Baron, all which await the writ of Summons, without which, no place, no vote there, and none may ab&s;ent them&s;elves after Summons, without &s;peciall proxy from his Ma|je&s;ty, whence he hath power to depute, one of the &s;aid members to give his voyce for him in ab|&s;ence.</P>
<P>His Maje&s;ty who by his Prerogative Royall, hath the Sole power, as of calling, &s;o di&s;&s;olving his honourable A&s;&s;embly, &s;its 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 grea|te&s;t officers of the Kingdom, as the Lord-keeper, (who is the Speaker or mouth of the Hou&s;e) Trea&s;urer, Privy Seale, &amp;c. have places &s;ome on the right &s;ome on the left hand of the Throne the forme where of is recited in the Statute of, 31 <HI>Henry</HI> the 8.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB REF="28">
<HEAD>The manner of giving voyces in the upper hou&s;e, is thus.</HEAD>
<P>The Lords Spirituall and Temporall in their <HI>Parliamentary</HI> Robes, they younge&s;t Bi&s;hop reades prayers, tho&s;e being ended, the Clarke of the Hou&s;e, readeth the Bills, (being fir&s;t writ in pa|per,) which being once read, he that plea&s;eth may &s;peak either for or again&s;t it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The manner of the Lower hou&s;e is in this &s;ort.</HEAD>
<P>The fir&s;t day each member is called by his name every one an&s;wering for what place hee &s;er|veth, that done they are willed to choo&s;e their Speaker, who, (though nominated by the Kings Maje&s;ty,) is to be a member of that hou&s;e, their election being made, he is pre&s;ented by them to the King &s;itting in <HI>Parliament,</HI> where after his Oration or Speech, (the Lord keeper approving in behalfe of the King) hee Petitions his Ma|je&s;tie in behalfe of the Hou&s;e: Fir&s;t, for their priveledges, from all mole&s;tations during the the time of &s;itting. Secondly, that they may en|joy freedom of &s;peech. Thirdly, that they may have power to correct any of their owne mem|bers that are offenders. Fourthly, to have favo|rable
<PB REF="29">
acce&s;&s;e to his Maie&s;tie upon all occa&s;ions. The Speaker, (in behalfe of the Hou&s;e of Com|mons) promi&s;ing regard full re&s;pect, as befitting loyall, and dutifull Subjects.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The u&s;e of the Parliament</HEAD>
<P>Con&s;i&s;ts in abrogating ould, or making new Lawes, reforming all grievances in the Common wealth, whether in Religion or intemporal affairs &s;etling &s;ucce&s;&s;ion to the Crowne, grants, Sub&s;i|dies, &amp;c. and in Sum may be called the great Phy&s;itian of the Kingdom or Republique.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Speakers place in the Hou&s;e of Commons.</HEAD>
<P>The Speaker &s;its in a Chaire, placed &s;omewhat high to be &s;eene and heard the better of all, the Clarkes of the Hou&s;e &s;its before him in a lower &s;eat, who reades &s;uch Bills as are fir&s;t propounded in their Hou&s;e, or &s;ent downe from the Lords, for in that point, each Hou&s;e hath e|quall authority to propound what they think meet.</P>
<P>All Bills be thrice in three &s;everall daies read, and di&s;puted on, before put to que&s;tion, and &s;o good order is u&s;ed in the Hou&s;e, that he that in|tends to &s;peake to any Bill, &s;tands up bare-headed (for no more hen one &s;peakes at a time) &s;peaking
<PB REF="29">
to the Speaker, not one to another, being again&s;t the rule of the Hou&s;e: and he that &s;peaketh is to &s;peake no more that day, to the Bill he hath &s;po|ken to, to avoyd &s;pinning needle&s;ly out of time, and their &s;peeches mu&s;t be free from Taunts of their felow members, that are of co~trary opinions.</P>
<P>The Speakers Office is, when a Bill is read, as briefly as he may to declare the effect thereof to the Hou&s;e; and to Bills fir&s;t agreed on by the Lords, and &s;ent to the Commons for a&s;&s;ent: if they doe a&s;&s;ent, then are they returned, &s;ub&s;cribed thus; <HI>Les Communs ont a&s;&s;entus</HI>: So likewi&s;e if the Lords agree, to what is &s;ent to them from the Hou&s;e of Commons, they &s;ub&s;cribe. <HI>Les Seig|neurs ont a&s;&s;entus</HI>: If the two Hou&s;es cannot agree (every Bill being therice read, in each Hou&s;e) then &s;ometimes the Lords, &s;ometimes the Commons, require a meeting of &s;ome of each Hou&s;e, whereby information may be had of each others mind, for the pre&s;ervation of a good corre&s;pondency be|tweene them, after which meeting, for the mo&s;t part, (though not always) either part agrees to the Bill in que&s;tion.</P>
<P>The a&s;&s;ent or di&s;&s;ent of the upper Hou&s;e, is each man &s;everally by him&s;elfe, and then for &s;o many as he hath by proxy, they &s;aying onely; content or not content, and by the Major part it is agreed to, or da&s;hed. But in the Lower Hou&s;e, no member can give his voyce to another by Proxy; the Ma|jor part being pre&s;ent onely, maketh the a&s;&s;ent, or di&s;&s;ent. After a Bill is twice read there, and
<PB REF="30">
engro&s;&s;ed, (being di&s;puted on enough, as concei|ved) the Speaker asketh if they will goe to que&s;ti|on, and if agreed to, holding the Bill up in his band &s;ayeth, As many as will have this Bill pa&s;&s;e concerning &s;uch a matter &s;ay yea, and tho&s;e that again&s;t it no: and if it be a doubt which cry is bigger, the Hou&s;e is divided, the one part that agrees not to the Bill, being bid to &s;it &s;till, tho&s;e that do to goe downe with the Bill, &s;o plurality of voyces, allowes or da&s;hes. But no Bill is an Act of <HI>Parliament,</HI> Ordinance or Edict of Law, though both the Hou&s;es unanimou&s;ly agree in it, till it hath the Royall A&s;&s;ent.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the Royall A&s;&s;ent.</HEAD>
<P>When Bills are pa&s;&s;ed by both the Hou&s;es, they ought to have for approbation the Royal A&s;&s;ent, which u&s;ually is deferred till the la&s;t day of the Se&s;&s;ions, but may be given at any time during the <HI>Parliament,</HI> touching which, it hath been a que&s;ti|on much debated, whether the Royal A&s;&s;ent given to any one Bill doth not <HI>ip&s;o facto,</HI> conclude that pre&s;ent Se&s;&s;ion, the que&s;tion is of great con&s;e|quence, for if thereby the Se&s;&s;ion be at an end, then ought every other Bill, although pa&s;&s;ed both the Hou&s;es to be read againe, three times in either Hou&s;e, and to have the &s;ame proceeding as it had at fir&s;t, as if nothing had been formerly done therein, &s;o mu&s;t it be done of all other Acts of the Hou&s;e: But the fir&s;t Se&s;&s;ion of the fir&s;t <HI>Parliament,</HI>
<PB REF="30">
of King <HI>Iames,</HI> the Hou&s;e being then de&s;irous to have a Bill pa&s;&s;ed forthwith by the Royall A&s;&s;ent, which &s;hould be &s;ecurity to the Warden of the Fleet, touching the delivery of Sir <HI>Thomas Sherly,</HI> out of execution, (for it was then que&s;tionable whether he was &s;ubject to an action of e&s;cape) did agree that the giving of the Royall a&s;&s;ent to one Bill or moe did not di&s;&s;olve the Se&s;&s;ions without &s;ome &s;peciall declaration of his Maje&s;ties plea|&s;ure to that purpo&s;e 18. <HI>Aprill</HI> 1604. And likewi&s;e in the Journall <HI>Anno.</HI> 1 <HI>&amp;</HI> 2. <HI>phil. &amp; Mariae.</HI> 21 <HI>Novem.</HI> that the King and Queene came on pur|po&s;e into the <HI>Parliament Hou&s;e</HI> to give their A&s;&s;ent to Cardinall Pooles Bill, and upon que&s;tion made it was then re&s;olv'd by the whole Hou&s;e, that the Se&s;&s;ion was not thereby concluded, but that they might proceed in their bu&s;ines notwith|&s;tanding the Royall A&s;&s;ent given.</P>
<P>At the giving of the Royall a&s;&s;ent it is not re|qui&s;it the King &s;hould be pre&s;ent in per&s;on, for by the expre&s;&s;e word of the Statute of 33 <HI>Henry</HI> the 8 <HI>Cap.</HI> 21. that the Kings Royall a&s;&s;ent by his Let|ters Patents, under his great Seale &s;igned by his hand, and declared and in notified in his ab&s;ence to the Lords Spirituall and Temporall, and to the Commons a&s;&s;embled in Parliament, is, and ever was of as good &s;trength and force, as if the King had been there in per&s;on per&s;onally pre&s;ent, and had a&s;&s;ented openly and publikely to the &s;ame, ac|cording to which Statnte the Royall a&s;&s;ent was given by Commi&s;&s;ion <HI>Anno</HI> 38. <HI>H.</HI> 8. unto the
<PB REF="31">
Bill for the attainder for the Duke of <HI>Norfolk.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The manner of giving the Royal a&s;&s;ent</HEAD>
<P>The Royall a&s;&s;ent is given in this &s;ort: after &s;ome &s;olemnities ended, the Clark of the Crowne readeth the Titles of the Bills in &s;uch order as they are in con&s;equence: as the Title of every Bill is read, the Clearke of the Parliament pro|nounceth the Royall a&s;&s;ent according to his in&s;tructions given him by his Maje&s;ty in that behalfe, if it be a publike Bill to which the King a&s;&s;enteth, hee an&s;wereth, <HI>Le Roy Le voet,</HI> If a private Bill be allowed by the King, the an&s;were is, <HI>Soit fait come il e&s;t de&s;ire.</HI> If a publique Bill which the King forbeareth to allow, <HI>Le Roy &s;e am&s;era.</HI> To the Sub&s;idie Bill, <HI>Le Roy remercie &s;es Loyaulx,</HI> Subjects accept benevolence <HI>et au&s;i le voult.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>To the generall Pardon.</HEAD>
<P>Les Prelates Seigneurs et Commonsen ce&s;t pre&s;ent Parliament a&s;&s;emblies en nom de touts voue autres &s;ubiects remercient tres humblement ve&s;tre Maie&s;tie, et preut dieu vous donere eu &s;uite bene vie et longe.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="31">
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
