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

The olde and auncient order of keeping of the Parlement in England vsed in the time of King Edward the confessor.

FIrst the monicion or summons of the Parlement ought to be made or doon forty dayes before the be∣ginning of the Parlement.

The Summons of the Spiritualtie.

ALl Bishops, Abbots, Priors and all other great Clarks that holde by countie or ba¦rony, by reason of their holding, ought to be monished, and also to come to the Par¦lement, and none other inferiours of the Clergie, vnlesse their presence were pro∣fitable and necessary for the Parlement. And to those the King is bound to giue their cost{is} comming & abiding at the Parlemēt, and such inferiour Clarks not to be mo¦nished to come to the Parlement. But the king was ac∣customed to send his writs vnto such discrete men, desi∣ring them to come and be at the Parlement.

Also the King was accustomed to send his monicions or summons to the Archbishops, Bishops and other ex∣empt persons, that is to say, Abbots, Priors, Deanes and other ecclesiastical persons that haue iurisdiction by such exemption and distinct priuiledges, that they for euery Deanry and Archdeconry through England should elect and choose or cause to be elected & chosen, two discrete and wise proctors of their owne Archdeconry whiche should come and be at the parlement, there to sustain and alow, and to doo that thing that euery man of their Deanry or Archdeaconry might doo if they weer there in proper per∣sons, & those Proctors so sent, for the Clergie: should bring with them their double proxies sealed with double seales of their superiours. The one of the proxies to remain with the Clarks of the Parlement: and thother to remain

with the said proctors, and vnder this maner the Clergie ought to be called to the Parlement.

The summons of the Temporaltie.

ALso all and euery Earle, Baron and their péeres, that is to say, that haue lands and rents to the value of an Earldome or of a whole Barony, that is to say, xx. knights fées, euery fée contayning .xx. pound land, which amounteth to iiij. hundred pound in the whole, or to the value of an whole Barony, that is to say xiij. fées: and the third parte of a knights fée, euery fée accounted at xx. pound. which amounteth in the whole to iiij. hundred Marks. And no inferior persons of y^e Tempo∣raltie shall come to the Parlement by reason of his holde vnlesse his presence be necessary and profitable, and they to be ordred for their charges at the kings costs, as is spo∣ken of before of the inferior Clerks.

The summons of the Barons of the fiue Portes.

ALso the King ought to send his writs to y^e war¦den of the fiue portes that he should cause to be elected or chosen for euery of y^e said portes: two discrete & wise Barons that should come and be present at the Parlement, there to answere, sustain, aledge and doo all things concerning the said parlement, aswel as if all and euery of the Barons were there per∣sonally. And these Barons so elect and chosen: shall bring with them their double proxies, double sealed with the common seal of the port. The one therof to be deliuered to the Clarkes of the Parlement: and the other to remain with the said Barons so chosen and elected. And when it shall chaunce the said Barons (licence obteyned) to de∣parte:

they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their re∣sonable expences doon from the first of their comming to the Parlement, vntil the time of their departing and com¦ming home, to be leuied of y^e comminaltie of euery party hauing expresse mention made in the writ from the said first day of their comming: vntil the time of their licence obteyned, and it was accustomed that mention should be made in the said writ what euery Baron should take of the cōmons for a day, that is to say, some more, some lesse, a consideration and respect had to the honestest, for their tarying, labours & expences, and it was not accustomed that any certain sum was limitted by the said Court.

Of the knights of the Parlement.

ALso the king was accustomed to send his writ{is} to all the Shirifs within the Realme, that they should cause to be chosen two honest, wise and discrete knights for euery Shéere to come to the Parlement with such proxies, as is before spoken of the Barons of the fiue portes. But for the expences of the said two knights for euery shéere was not accustomed to be graunted abooue .xiij. shillings .iiij. pence for a day.

Of the Citizens of the Parlement.

IN the like the Maior of London and the Shiriffes. The Maior and Baliffes, or the Maior and Citizens of York, and all other Cittyes were wunt to be warned that they for the comminaltie of their cit∣tyes should elect & choose two discrete ho∣nest & wise Citizens to come and be at y^e Parlement vn∣der the fourme as is spoken of before of the Barons and of the knights of the shéere. And the said Citizens were ac∣customed to be like and equall in their expences for com∣ming,

abiding and returning to and from the Parlement as are the knights.

Of the Burgesses of the Parlement.

IN like manner the Bayliffes and wise men of the Boroughes were accustomed, and ought to be warned that they should choose two discrete, honest, and wise Bur∣gesses of them selues, and by thē to come and be at the Parlement, in like maner as is spoken of the Citizens. But it was not accustomed that twoo Burgesses should haue for their charges abooue x. shillings, & sometime not abooue vj. shillings .viij. pence. and that should be taxed by the Court, after the habilitie of the borough, and the honestie of the Burgesses.

Of the two principall Clarkes of the Parlement.

ALso two principall Clarkes of the Parlement shall sit in the midst of the Iustices which shall inrolle all plaintes, and matters of the Parle∣ment. And it is to be knowen that these twoo Clarkes be not subiect to any of the Iustices of England, nor that any Iustice hath any aucthoritie in the Parle∣ment except he be assigned to any thing by the King, and Péeres of the Parlement.

And when they be assigned with other Suetors of the Parlement to hear and determin diuers pleaes and peti∣cions to be finished by Parlement, yet the twoo Clarks to be immediat subiect{is} to the King and Parlement in com∣mō, vnlesse one of y^e Iudges or two be assigned to examin and amēd their inrolling. And if the péeres of y^e Parlemēt be assigned to hear & examin any speciall petition, after they haue broken their matter: they shall giue their sen∣tence and Iudgement in the ful Perlement, and the two

Clarks inrolle the same, and all other plaints and iudge∣ments of the Parlement in the principall of the Parle∣mēt, and there to deliuer those rolles to the Treasurer be¦fore the Parlement be finished.

Prouided that the said Clarks shall haue a transumpt or Copy of it, if they list, and these two Clarks shall haue for their expēces xiij. shillings and iiij. pence, vnlesse they haue any fees or offices by the king, and be dayly waitors hauing meat and drink of the Kings cost: and then they to haue .vj. shillings and viij. pence euery day during the Parlement.

Of the fiue Clarks.

ALso the King shall assigne fiue Clarks, wise and ap¦probate, of whom, the first shall attēd the Bishops. The second the proctors of the Clergie. The third the Earles and Barons. The fourth the knights of the Shéeres, and the fifth: the Citizens and Burgesses.

And euery of them shall haue ij. shillings a day: vnlesse they be the Kings seruants, and haue sufficient liuing of the King, & then they to haue but xij. pence the day, which Clarks shall write all doutes betwéen the King and the Parlement, and they to be at their coūcels where so euer they be commaūded. And in cace they shalbe vacant: they shall help y^e two principall clarks to inrolle their busines.

Of the causes and douts of the Parlement.

WHen any breach, difficultie of dout, or de∣fuse cause of warre or peace dooth appéer within the Realme or without, that cace ought to be declared in writing in the ful Parlement, there to be treated and disputed among the Péeres of the Parle∣ment, and if it be necessary: the King shall commaund or

in the Kings name it shalbe commaunded that euery de∣grée, and the persons of euery degrée of the Parlement shalbe present in the parlement, and to the Clark of euery degrée in the Parlement, the cause, breach and dout shall be deliuered, and by him at a certain place to be to them deliuered and declared.

And the vpon they to study, imagine and consider how this dout or breach may be prouided for, as they in time comming shall make answere for the prseruation of the King, them selues, and the commons whose persons they doo represent, and so in this behalfe they shall make their answere or councel to be written, so that euery degrées an¦swere and aduisement heard: the whole Parlement to ad¦mit and alowe the best and wisest councel and therafter to doo, and wheras béen diuers opinions: then to incline to the more parte of the Parlement.

And in cace there be any discorde betwéen the king and any of the estates, or betwéen estates, wherby the peace of the Realme, or the people of the countrie might be distur∣bed: in this cace if the King think it expedient, it ought to be commoned of, and reformed by the aduise of all the Péeres of the Realme. Or in cace the King and Realme béen troubled with warres, or a doutful cace be depen∣ing before the Chaūceller of England, or a defuse iudge¦ment be depending before the Iustices, and if in those the Péeres of the degrées of the Parlement cannot agrée: then the Earle Steward, the Earle Constable, and the Earle Marshall, or twoo of them: shall elect .xxv. persons of euery degrée of the péeres of the Realme, y^t is to say: twoo Bishops, thrée proctors for the Clergie, two Earles, thrée Barons, fiue knights of the Shéeres, fiue Citizens, and fiue Burgesses, and these .xxv. may condiscend into xij. of them selues, and these xij. into .vj. of them selues, and these six may condiscend into thrée, but these thrée cannot con∣discend into a lesse number without the Kings concent, and then those thrée may condiscend into two, and the two into one, and after his opinion and determination:

the matter shalbe ordered vnlesse the King wil discent as he may, and then may he and his councel examin and a∣mend the ordination, so it be vnwritten and doon out of the Parlement house without their concents.

Of matters of the Parlement.

THe matters whereof the Parlement is holden or kept: ought to be deliuered into the Parlement, and to be called vpon in manner of a kalender, according to euery mannes petition, and no respect to be had to any mannes person: but that he who layeth first his bil in: shalbe first heard.

In the Kalender of the Parlement euery matter ought to be had in memory vnder this manner and forme.

First: of warres if their be any, of matters concerning the King and Quéenes person, and of their Children.

Secondly: of matters concerning the common weale, and to ordain new lawes debarring th'olde lawes made in times past, whose execution haue béen preiudiciall.

Thirdly: the matters concerning the priuat weale, and these to be examined according to the file and Kalender as is before writen.

The dayes and houres of the Parlement.

THe Parlement shalbe holden euery day, Sundaies, Allhallon day, all soules day & the natiuitie of Saint Iohn the Baptist excepted. And euery feriall day it should begin at mid prime time, and that houre: the king is bound to be in the Parlement and all y^e péeres of the Realme. On the holy daies the par¦lement shall begin at the prime, because of the diuine ser¦uice should be first heard.

The degrees of the Parlement.

THe King is head and chéef at the beginning and at th'end of the parlement, and to him no comparison is to be made, and so the King is one degrée by him self.

The second is of Archebishops, Abbots and Priors, holding by Baronyes.

The third is of the Proctors of the Clergie. The fourth of Earles Barons and other estates and gentles holding to the value of an Earledome or Baronye as is before written. The fift of Knights of the Shéeres.

The sixt of Citizens and Burgesses, and so the Parle∣ment is of six degrées. And it is to be noted that if any of the said degrees be absent after their first lawful monici∣ons or summons: the Parlement is not of sufficient effect.

The forme of the Parlement.

SIth it is showed vnder what forme euery man ought to be monished, and how long time the monitions should be, and what they be that should come vnto it: it is to be knowen who they be that ought to be monished to come to the Parlement by reason of their offices. And also it is to be noted that the two principall Clarks of the Parlement for the King and his Councel, and other secondary Clarks, of whom and of whose office mencion shalbe héerafter made.

The chéef Cryer of England with his deputies, and the chéef Porter of England, howbeit these two offices were accustomed to be occupyed by one person, these ought to be there the first day of the Parlement.

The Lord Chaunceler of England, the Treasurer, the Chamberlain, the Barons of the Eschequer, the Iustices, all the kings Clarks and knights, with Sergeants at the

Law of the kings retinew or fée: ought to be there the second day, vnlesse they haue a resonable impediment or let.

Of the beginning of the Parlement.

THe King ought to be in the Parlement the first day and should sit in the midst of the high bench. The sixt day: the Chaunceller, the Treasurer, the Barons of the Eschequer and the Iustices were accustomed to recorde the defaults doon in the Parlemēt in forme folowing. The first day they must call all the Citizens and Burgesses of all England, and for lack of their apparaunce: a Citty shalbe amerced in a C. pound, and a borough a C. mark{is}.

The second day: they shall call knights of Shéeres, and in default of their apparance: the shéere shalbe amerced a C. poūd.

The third day: the Barons of the fiue portes, & after them th'other Barons, and then the Earles, and for lack of appa∣rance of euery Baron: they shalbe amerced a C. mark{is}, and of an Erle: a C. pound, the like shalbe doon to them that be Earles and Barons Péeres, that is to say, as haue Lands and rents to y^e yéerly value of an Earledome or of a barony as is before ex¦pressed. The fourth day: the Proctors of the Clergie shalbe cal∣led, and for lack of their apparance: their Bishops shalbe amer∣ced a C. marks for euery Archdeaconry that maketh default.

The fifth day: Deanes, Priors, Abbots, Bishops and Arch∣bishops, and for lack of apparaunce of an Archbishop: he shalbe amerced a C. pound, a Bishop, an Abbot and a Prior, whiche holde an whole barony: a C. marks.

Of the Proclamations.

THe first day of the Parlement: proclamation shalbe made first in the Hall or in the Monastery or some other open place where the Parlement shalbe holden or kept, and after in the Citty or Town opēly that euery man hauing Bil or Peticion to be eranuned or determined in y^e Parlement that is should be laid in within fiue dayes of the beginning of

the parlement.

Of the preaching of the Parlement.

AN Archbishop or some famose discrete and eloquent Clark tobe assigned by the Archbishop in whose pro¦uince the Parlement shalbe kept and holden, shall preach on the first of y^e fiue dayes in the ful Parlement & in the Kings presence, and he shall begin when all the Parlement or the moste parte shalbe there assembled, & in his prison or pray∣er he shall require all the whole Parlement that they humbly beséech almightie God for the peace and tranquilitie of the King and Realme.

Of the Speaker of the Parlement.

AFter the Sermon doon: the L. Chaunceller of England or the chéef Iustice elect, shall stand declaring in the par∣lement house, first generally and then specially the cau∣ses of the Parlement, and wherfore the same is holden.

And it is to be noted that euery man (the King excepted) shall stand while the said Speaker dooth declare his matter, to th'entent that euery man may hear him: & in cace he doo speak obscurely or darkly or so lowe that he cannot be heard: he must begin again, or els an other speak in his place.

What the King shall say after the Speaker hath doon.

THe King after the speaker hath declared the causes of the Parlement: shall desire the Spiritualtie and the Temporaltie naming euery degrée, that is to say, Archbishops, Bishops, Abbots, Priors, Arch∣deacons, proctors and others of the Clergie, Earles Barons, knights, Citizens and Burgesses, and others of the Temporaltie, that they doo diligently studiously and loouingly indeuer them selues to examin pertract and handle the causes

of the Parlement, to the honor of God principally: secondare∣ly to the Kings honor, and lastly to the welth of the Realme.

Of the Kings absence.

THe King ought dayly to be present in the Parlement, vnlesse he be sick or diseased: and then he may kéep his chamber, so that he lodge not out of the manor or town, where the Parlement is holden, and then he ought to send for xij. persons of the great estates that be monished or summoned to the Parlement, wherof two to be Bishops, two Earles, two Barons, two Knights, two Citizens and two Burgesses, to sée his person & to certifie of his estate, & in their presence he ought to commit power to the Archbishop of the prouince, to the Lord Steward and to the chéef Iustices, that they ioyntly and seue∣rally shall begin and continew the Parlement in the Kings name, making expresse mention in his commission of his dis∣ease to th'other estates, and that the persons abooue named can expresse the same, for it is a perilous cace and dangerous for the communaltie and Realme that the King should be absent from the Parlement: but onely for bodely sicknes.

Of places and seates in the Parlement.

FIrst as it is before said, the King shall sit in the midst of the bench, vpon the right hand the Arch¦bishop of Canterbury, at his left hand the Arch∣bishop of Yorke, and then Bishops, Abbots, and Priors in order, and then euery man in his degrée, and amongst his péeres, and that this order be kept: the Lord Steward of England is bound to look vnto, vnlesse the King assigne some other.

At the Kings righ foot, the Chaunceller of England, the chéef Iustice of England with his felowes, and their Clarks, that be of the Parlemēt. And at his left foot shall sit the Treasurer, the Chamberlain, the Barons of the Eschequer, the Iudge of the

common place with their Clarks that been of the Parlement.

Of the porters of the Parlement.

THe chéef Porter of the Parlement shall stand within the great gate or Monastery, hall or place, wher the Parlement is holden and shall attend that no man enter into the Parlement except he be called for matters that he shew∣eth in the Parlement. And it is expedient that the said Porter haue knowledge of euery mannes name that shall enter into the Parlement, and if need require to haue many porters vnder him.

Of Cryers of the Parlement.

THe Cryer shall stand without the Parlement door, and the Porter shall shew him when and what he shall call. The king was accustomed to appoint his Sergeāts at armes to kéep the Par¦lement door, that no thrust, presse or noyse, were made there, by meanes wherof the Parlement might be letted, and that such thrust, preace or noyse might he auoyded, and proclamation should be made that no person en∣terprise such things there, vnder pain of imprisonment, for by Law: the Parlement door should not be shut, but he kept by the Porter or Sergeaunt at Armes.

Of the help for the King.

THe King was not accustomed to demaūd help of his Realme but onely for war that was in∣stant, or for the creation of his Sonnes to bée made knights: or his Daughters to be mary∣ed, and these helps ought to be demaunded in the ful Parlement, and in writing to be deli∣uered vnto euery degrée, and they in writing to make an∣swere.

And if this help ought to be graunted: then euery degrée of the Parlemēt should cōcent therto. And it is to be knowen, that two Knights or two Citizens, or two Eurgesses whiche come to the Parlement, in graunting or denying any thing demaunded in the Parlement: haue more aucthoritie then the greatest Earle in England. And in like cace, two proctors for the Clergie in one diocesse: haue more aucthoritie then their Bishops in things to be graunted or denyed in Parlement, and y^e reason is this. The King may holde his parlemēt for the communaltie of his Realme without Bishops, Earles or Ba∣rons, so that they haue lawful sūmons and come not, for some time there was no Bishop, Earle nor Baron, and yet y^e King hid kéep his Parlemēt, but of the contrary, if the communaltie of the Clergie and of the Temporaltie be monished to the par∣lement as they ought to be by the Law, and for certain causes they doo not or wilnot come, as if they pretend that the King hath not ruled or gouerned them accordingly, and doo therin ex¦presse wherin he hath not ruled them accordingly: in this cace the Parlement whiche the King holdeth with the Bishops, Earles and Barons is of no effect, and therfore in all things that are to be graunted, ordayned, established or broken by par¦lement: the communaltie of y^e parlement of necessitie must con∣cent therunto. For in the cōmunaltie are conteyned iiij. degrées of Parlement, that is to say, proctors of the Clergie, Knights of Shéers, Citizens of Cittyes and Burgesses of Townes, & these persons doo represent the whole cōmunaltie of England wher as th'other estates doo represent but their owne persons.

For billes and peticions of the Parlement.

THe Parlement ought not to bée ended whiles any peticion dependeth vndiscussed or at least to whome a determinate aunswere is not made, and if the King permit the contrary: hée is per∣iured, also no Péere of the Parlement shall de∣parte from the same without licence obtayned of the King

and of his péeres, which licence is to be obteyned in open par∣lement, and to be recorded in rolle of Parlement. And if it hap¦pen any of the Péeres to be sick, during the Parlement so that he cannot come to it: then for thrée dayes he shall send his ex∣cuse to the Parlement, but if after thrée dayes passed he come not: then two of his péeres shalbe sent to him to sée his person, and therof to aduertise the Parlement, and if any suspicion be had: these two Péeres shalbe sworne to testifie the very trueth, and if it appéer he haue fained him self sick: he then to be amer∣ced as a fault for his not appéeraunce at the beginning of y^e Per¦lement, and if he be sick then before: then he shall make a suffi¦cient to appéer in Parlement for him.

No person of the Parlement can be excused hauing his helth and memory.

The ending of the Parlement.

THe finishing of the Parlement must be assig∣ned, appointed and openly proclamed bothe in the Parlement, and within the palace of the Parlement. And if there be any wil say, that he hath no answere of his bil deliuered into the Parlement: then the Parlement to continue, but if no man so say: it is to be supposed that euery man hath re∣medye or assigned how to haue remedy by the Lawes, and at the proclamation made, if there be no Billes to be laid in: the King may licence his Parlement.

Of the Coppyes of the Records of the Parlement.

THe Clark of the Parlement shall deny to no man the coppy of his processe, but shall deliuer vnto euery man that demaundeth it, taking for euery ten lines a peny.

And if the party be poore and therupon maketh his othe to haue nothing: the rolle of the Parlement shalbe tenne inches

brode. The Parlement shalbe kept whersoeuer it shall please the King.

THese orders in processe of time did successe, and were out of all vse, few or no Parlements béeing kept, from the time of William the Conqueror, vntil the reign of King Edward the first, who by th'aduise of his wise & learned coun∣sailers prescribed a forme & order how the Parlements with∣in this Realme should be obserued and kept, which orders also in the course of certain yéeres grew out of vse in many points, and the order héer ensuing: is that which is in our dayes re∣ceiued and vsed.