The first and second volumes of Chronicles. [vol. 2] comprising 1 The description and historie of England, 2 The description and historie of Ireland, 3 The description and historie of Scotland: first collected and published by Raphaell Holinshed, William Harrison, and others: now newlie augmented and continued (with manifold matters of singular note and worthie memorie) to the yeare 1586. by Iohn Hooker aliàs Vowell Gent and others. With conuenient tables at the end of these volumes.

Of the dignitie, power, and authoritie of the parlement, and of the orders of the same.

THe parlement is the highest, cheefest, and great∣est court that is or can be within the realme: for it consisteth of the whole realme, which is diuided in∣to thrée estates; that is to wit, the king, the nobles, and the commons, euerie of which estates are subiect to all such orders as are concluded and established in parlement.

These thrée estates may iointlie and with one con∣sent or agreement establish and enact anie lawes, or∣ders, and statutes for the common wealth: but being diuided, and one swaruing from the other, they can doo nothing. For the king, though he be the head, yet alone can not make anie law; nor yet the king and his lords onelie, nor yet the king and his commons alone; neither yet can the lords and the commons without the king doo anie thing of auaile. And yet neuerthelesse, if the king in due order haue summo∣ned all his lords and barons, and they will not come, or if they come they will not yet appéere; or if they come and appeere, yet will not doo or yéeld to any thing, then the king with the consent of his com∣mons (who are represented by the knights, citizens, and burgesses) may ordeine and establish anie act or law, which are as good, sufficient, and effectuall, as if the lords had giuen their consents.

But of the contrarie, if the commons be summo∣ned and will not come, or comming will not appéere, or appéering will not consent to doo anie thing, alle∣ging some iust, weightie, and great cause; the king (in these cases) cannot with his lords deuise, make, or establish anie law, the reasons are these. When par∣lements were first begun & ordeined, there were no prelats or barons of the parlement, and the tempo∣rall lords were verie few or none, and then the king and his commons did make a full parlement, which authoritie was hitherto neuer abridged. Againe, e∣uerie baron in parlement dooth represent but his owne person, and speaketh in the behalfe of himselfe alone.

But in the knights, citizens, and burgesses are represented the commons of the whole realme; and euerie of these giueth not consent onlie for himselfe, but for all those also for whome he is sent. And the king with the consent of his commons had euer a sufficient and full authoritie to make, ordeine, and e∣stablish good and wholesome lawes for the common∣wealth of his realme. Wherfore the lords being law∣fullie summoned, and yet refusing to come, sit, or consent in parlement, can not by their follie abridge the king and the commons of their lawfull procée∣ding in parlement.

The lords and commons in times past did sit all in one house, but for the auoiding of confusion they

be now diuided into two seuerall houses, and yet ne∣uerthelesse they are of like and equall authoritie, eue∣rie person of either of the said houses being named and counted a péere of the realme (for the time of the parlement) that is to saie, equall: for Par is equall. And therefore the opinion, censure, and iudgement of a meane burgesse, is of as great auaile as is the best lords, no regard being had to the partie who speaketh, but the matter that is spoken.

They be also called péers, as it were fathers, for [unspec 10] Pier is a father, by which is meant that all such as be of the parlement should be ancient, graue, wise, ler∣ned, and expert men of the land: for such were the se∣nators of Rome, and called Patres conscripti, for the wisedome and care that was in them in gouerning of the common-wealth. They are also called coun∣cellors, because they are assembled and called to the parlement for their aduise and good councell, in ma∣king and deuising of such good orders and lawes as may be for the commonwealth.

They therefore which make choise of knights, citi∣zens [unspec 20] and burgesses, ought to be well aduised that they doo elect and choose such as being to be of that as∣semblie, and thereby equall with the great estates, should be graue, ancient, wise, learned, expert and carefull men for their commonwealth, and who (as faithfull and trustie councellors) should doo that which should turne and be for the best commoditie of the commonwealth, otherwise they doo great iniurie to their prince and commonwealth.

Also euerie person of the parlement, during the [unspec 30] times of the parlement, and at his comming and go∣ing from the same, is frée from all troubles, arrests and molestations: no action or sute taking effect which during that time is begun, entred, or commen∣sed against him, in what court so euer the same be, except in causes of treason, murther, and fellonie, and except also executions in law, awarded and granted before the beginning of the parlement.

Also euerie person hauing voices in parlement, hath free libertie of speach to speake his mind, opini∣on, [unspec 40] and iudgement, to anie matter proponed; or of himselfe to propone anie matter for the commodi∣tie of the prince and of the commonwealth: but ha∣uing once spoken to anie bill, he may speake no more for that time.

Also euerie person once elected & chosen a knight, citizen or burgesse, and returned, cannot be dismissed out of that house; but being admitted, shall haue his place and voice there, if he be a laieman. But if by errour a man of the cleargie be chosen, then he [unspec 50] ought and shall be dismissed; also if he be excommu∣nicated, outlawed, or infamous.

Also euerie one of these houses ought to be incor∣rupt, no briber nor taker of anie rewards, gifts, or monie, either for deuising of anie bill, or for speaking of his mind; but to doo all things vprightlie, and in such sort as best is for the king and commonwealth.

Also euerie one ought to be of a quiet, honest and gentle behauiour; none taunting, checking, or misu∣sing [unspec 60] an other in anie vnséemelie words or deeds: but all affections set apart, to doo and indeuour in wise∣dome, sobrietie and knowledge, that which that place requireth.

Also if anie one doo offendor misbehaue himselfe, he is to be corrected and punished by the aduise and order of the residue of the house.

Also all the prisons, wards, gailes, within the realme and the kéepers of the same are at the com∣mandement of the parlement, for the custodie and safekeeping or punishment of all and euerie such pri∣soners, as shall be sent to anie of them by the said parlement houses, or anie of them: howbeit most commonlie the tower of London is the prison which is most vsed.

Also if anie one of the parlement house be serued, sued, arrested, or attached by anie writ, attachment, or minister of the Kings bench, Common plees, Chancerie, or what court so euer within this realme: the partie so troubled and making complaint there∣of to the parlement house: then foorthwith a sarge∣ant at armes is sent to the said court, not onelie ad∣uertising that the partie so molested is one of the parlement house; but also inhibiting and command∣ing the officers of the said court to call in the said processe, and not to deale anie further against the said partie: for the parlement being the hiest court, all other courts as inferior yéeld and giue place to the same.

Also as euerie one of the parlement house is free for his owne person, for all manner of sutes to be commensed against him: so are also his seruants frée, and not to be troubled nor molested; but being troubled, haue the like remedie as the maister hath or may haue.

Also no manner of person, being not one of the parlement house, ought to enter or come within the house, as long as the sitting is there, vpon paine of imprisonment, or such other punishment as by the house shall be ordered and adiudged.

Also euerie person of the parlement ought to kéepe secret, and not to disclose the secrets and things spo∣ken and doone in the parlement house, to anie man∣ner of person, vnlesse he be one of the same house, vp∣on paine to be sequestred out of the house, or other∣wise punished, as by the order of the house shall be appointed.

Also none of the parlement house ought to depart from the parlement, without speciall leaue obteined of the speaker of the house, and the same his licence be also recorded.

Also no person, being not of the parlement house, ought to come into the same, during the time of the sitting: so euerie one comming into the same oweth a dutie and a reuerence, to be giuen when he entreth and commeth in.

If a baron or a lord come and enter into the high∣er house, he ought to doo his obeisance before the cloth of estate, and so to take his place.

Also when he speaketh, he must stand bareheaded, and speake his mind plainlie, sensiblie, & in decent order.

If anie come in message or be sent for to the high∣er house, they must staie at the inner doore vntill they be called in, and then being entred, must first make their obeisance; which doone, to go to the lower end of the house, and there to staie vntill they be called: and being called, they must first make one lowe courte∣sie and obeisance, and going forwards must in the middle waie make one other lowe courtesie; and then being come foorth to the barre, must make the third courtesie; the like must be doone at the depar∣ture.

Also when anie knight, citizen or burgesse dooth enter and come into the lower house, he must make his dutifull and humble obeisance at his entrie in: and then take his place. And you shall vnderstand, that as euerie such person ought to be graue, wise, and expert; so ought he to shew himselfe in his appa∣rell. For in time past, none of the councellors of the parlement came otherwise than in his gowne, and not armed nor girded with weapon. For the parle∣ment house is a place for wise, graue, and good men; to consult, debate, and aduise, how to make lawes and orders for the commonwealth, and not to be ar∣med as men readie to fight, or to trie matters by the sword. And albeit the writ for the election of the knights haue expresse words to choose such for

knights as be girded with the sword: yet it is not meant thereby that they should come and sit armed, but be such as be skilfull in feats of armes, and be∣sides their good aduises can well serue in martiall af∣faires. And thus the Romane senators vsed, who being men of great knowledge and experience, as well in martiall affaires, as in politike causes, sat al∣waies in the senat house and places of councell in their gownes and long robes. The like also was al∣waies and hath béene the order in the parlements of [unspec 10] this realme, as long as the ancient lawes, the old customes, and good orders thereof were kept and ob∣serued.

Also if anie other person or persons, either in message or being sent for, d•…•…o come: he ought to be brought in by the sergeant, and at the first entring must (following the sergeant) make one lowe obei∣sance, and being past in the middle waie, must make one other; and when he is come before the speaker, he must make the third, and then do his message; the like [unspec 20] order he must kéepe in his returne. But if he doo come alone, or with his learned councell, to plead a∣nie matter, or to answer to anie obiection: he shall enter, and go no further than to the bar within the doore, and there to doo his three obeisances.

Also when anie bill is committed, the committées haue not authoritie to conclude, but onelie to order, reforme, examine, and amend the thing committed vnto them, and of their dooings they must giue re∣port to the house againe, by whome the bill is to be [unspec 30] considered.

Also euerie bill which is brought into the house, must be read three seuerall times, and vpon thrée se∣uerall daies.

Also euerie bill, which vpon anie reading is com∣mitted and returned againe, ought to haue his thrée readings, vnles the committées haue not altered the bill in anie substance or forme, but onelie in certeine words.

Also when anie bill vpon anie reading is altogi∣ther [unspec 40] by one consent reiected, or by voices after the third reading ouerthrown, it ought not to be brought anie more to be read, during the sessions of parle∣ment.

Also if anie man doo speake vnto a bill, and be out of his matter; he ought to be put in remembrance of the matter by the speaker onelie and by none o∣ther, and be willed to come to the matter.

Also whensoeuer anie person dooth speake to anie bill, he ought to stand vp, and to be bareheaded, and [unspec 50] then with all reuerence, grauitie, and séemelie spéech to declare his mind. But whensoeuer anie bill shall be tried either for allowances, or to be reiected: then euerie one ought to sit, bicause he is then as a iudge.

Also euerie knight, citizen, and burgesse, before he doo enter into the parlement, and take his place there, ought to be sworne and to take his oth, ac∣knowledging the king to be the supreme and onelie gouernour of all the estates within this realme, as also to renounce all forren potentates. [unspec 60]