3.8. Of the high court of parlement, and authoritie of the same. Chap. 8.

Of the high court of parlement, and authoritie of the same. Chap. 8.

_IN speaking of parlement lawe, I haue in the chapiter precedent said somewhat of this high and most honorable court. Wherefore it shall not néed to remember ought héere that is there touched: I will onelie speake of other things therefore concerning the estate of assemblie, whereby the magnificence thereof shall be in some part better knowne vnto such as shall come after vs. This house hath the most high and absolute power of the realme, for thereby kings and mightie princes haue from time to time béene deposed from their thrones, lawes either enacted or abrogated, offendors of all sorts punished,The parle|ment house diuideth the estate of the realme into nobilitie and the commons. and corrupted religion either dissa|nulled or reformed, which commonlie is diuided into two houses or parts, the higher or vpper house consist|ing of the nobilitie, including all euen vnto the ba|ron and bishop: the lower called the nether house of knights, squires, gentlemen, and burgesses of the commons, with whome also the inferior members of the cleargie are ioined, albeit they sit in diuerse pla|ces, and these haue to deale onelie in matters of re|ligion, till it come that they ioine with the rest in confirmation of all such acts as are to passe in the same. For without the consent of the thr [...]e estates, that is, of the nobilitie, cleargie, and laietie, sildome anie thing is said to be concluded vpon, and brought vnto the prince for his consent and allowance. To be short, whatsoeuer the people of Rome did in their Centuriatis or Tribunitijs comitijs, the same is and may be doone by authoritie of our parlement house, which is the head and bodie of all the realme, and the place wherein euerie particular person is intended to be present, if not by himselfe, yet by his aduocate or atturneie. For this cause also any thing ther enacted is not to be misliked, but obeied of all men without contradiction or grudge. By the space of fortie dais, before this assemblie be begun,Time of summons. the prince sendeth his writs vnto all his nobilitie particularlie, summon|ing them to appeare at the said court. The like he doth to the shiriffe of euerie countie; with commande|ment to choose two knights within ech of their coun|ties, to giue their aduise in the name of the shire, likewise to euerie citie and towne, that they may choose their burgesses, which commonlie are men best skilled in the state of their citie or towne, either for the declaration of such benefits as they want, or to shew which waie to reforme such enormities as tho|rough the practises of ill members are practised and crept in among them: the first being chosen by the gentlemen of the shire, the other by the citizens and burgesses of euerie citie and towne, whereby that court is furnished. The first daie of the parlement being come, the lords of the vpper house,Of the vpper house. as well ecclesiasticall as temporall, doo attend vpon the prince, who rideth thither in person, as it were to o|pen the doore of their authoritie; and being come into the place, after praiers made, and causes shewed, wherefore some not present are inforced to be absent, each man taketh his place according to his degrée. The house it selfe is curiouslie furnished with tapiste|rie, and the king being set in his throne, the spirituall lords take vp the side of the house which is on the right hand of the prince,Places of the peeres. and the temporall lords the left, I meane, so well dukes and earles, as viscounts and barons, as I before remembred. In the middest and a pretie distance from the prince, lie certeine sackes stuffed with wooll or haire, wheron the iudges of the realme, the master of the rols, and secretaries of estate doo sit. Howbeit these iudges haue no voice in the house, but onelie shew what their opinion is of such & such matters as come in question among the lords, if they be commanded so to doo: as the secreta|ries are to answer such letters or things passed in the councell, whereof they haue the custodie & know|ledge. Finallie, the consent of this house is giuen by each man seuerallie, first for himselfe being pre|sent, then seuerallie for so manie as he hath letters & proxies directed vnto him, saieng onlie; Content or Not content, without any further debating. Of the number assembled in the lower house,Of the lower house. I haue alrea|die made a generall report in the chapter precedent, and their particulars shall follow here at hand. These therefore being called ouer by name do choose a spea|ker,Speaker. who is as it were their mouth, and him they pre|sent vnto the prince, in whom it is either to refuse or admit him by the lord chancellor, who in the princes name dooth answer vnto his oration, made at his first entrance & presentation into the house, wherein he declareth the good liking that the king hath con|ceiued of his choise vnto that office & function. Be|ing admitted, he maketh fiue requests vnto that ho|norable assemblie,Petitions of the speaker. first that the house may (as in times past) inioy hir former liberties and priuile|ges: secondlie, that the congregates may frankelie shew their minds vpon such matters as are to come in question: thirdlie, that if anie of the lower house doo giue anie cause of offense during the continu|ance of this assemblie, that the same may inflict such punishment vpon the partie culpable, as to the said assemblie shall be thought conuenient: fourthlie, if anie doubt should arise among them of the lower house, that he in their name might haue frée accesse and recourse vnto his maiestie & lords of the higher house, to be further instructed and resolued in the same: fiftlie and last, he craueth pardon for himselfe, if in his going to and fro betweene the houses, he for|get or mistake anie thing, requiring that he may re|turne and be better informed in such things as be did faile in without offense: vnto which petitions the lord chancellor dooth answer as apperteineth, and this is doone on the first daie, or peraduenture the second, if it could not be conuenientlie performed in the first.

Beside the lord chancellor there is another in the vpper house called the clerke of the parlement,Clerke of the parlement. whose office is to read the billes. For euerie thing that com|meth in consultation in either house, is first put in writing in paper, which being read, he that listeth ri|seth vp and speaketh either with it or against it, and so one after another so long as they shall thinke good; that doone they go to another, and so to the third, &c: the instrument still wholie or in part raced or refor|med, as cause moueth for the amendment of the same if the substance be reputed necessarie. In the vpper house the lord chancellor demandeth if they will haue it ingrossed, that is to saie, put in parch|ment, which doone, it is read the third time, & after de|bating of the matter to and fro if the more part doo conclude withall, vpon the vtterance of these words, Are ye contended that it be enacted or no? the clerke writeth vnderneath So it baille aux commons, and so when they sée time they send such billes approued to the commons by some of them that sit on the wooll sackes, who comming into the house, & demanding licence to speake, doo vse this kind of words or the like to the speaker, as sir Thomas Smith dooth deliuer EEBO page image 174 and set them downe, whose onelie direction I vse, and almost word for word in this chapter, requiting him with the like borowage as he hath vsed toward me in his discourse of the sundrie degrées of estates in the common-wealth of England, which (as I hope) shall be no discredit to his trauell. Master speaker, my lords of the vpper house haue passed amongst them, and thinke good that there should be enacted by parlement such an act, and such an act (reading their titles in such sort as he receiued them) they praie you therefore to consider & shew your aduise vpon them. Which doone they go their waie, and the doore being shut after them, the speaker declareth what message was sent vnto them, and if they be then void of con|sultation vpon anie other bill, he presentlie deman|deth what their pleasures are, first of one, then of an|other, &c: which are solemnelie read, or their contents bréeflie shewed and then debated vpon among them.

The speaker sitteth in a chair erected somewhat higher than the rest,Of the ne|ther house. that he may see and be séene of all men, and before him on a lower seat sitteth his clerke, who readeth such bils as be first propounded in the lower house, or sent downe from the lords: for in that point each house hath equall authoritie to pro|pound what they thinke méet, either for the abrogati|on of old or making of new lawes. All bils be thrise and on diuerse daies read and disputed vpon before they come to the question, which is, whether they shall be enacted or not; and in discourse vpon them, verie good order is vsed in the lower house, wherein he that will speake giueth notice thereof by standing vp bare headed. If manie stand vp at once (as now & then it happeneth) he speaketh first that was first seene to moue out of his place, and telleth his tale vnto the speaker, without rehersall of his name whose speches he meaneth to confute, so that with a perpetuall ora|tion & not with altercation these discourses are con|tinued. But as the partie confuted may not replie on that daie, so one man can not speake twise to one bill in one daie though he would change his opinion, but on the next he may speake againe, & yet but once as afore. No vile, seditious, vnreuerent or biting words are vsed in this assemblie, yet if anie happen to escape and be vttered, the partie is punished accor|ding to the censure of the assemblie and custome in that behalfe. In the afternoone they sit not except vp|on some vrgent occasion, neither hath the speaker anie voice in that house, wherewith to moue or dis|suade the furtherance or staie of anie bill, but his of|fice is vpon the reading thereof breeflie to declare the contents. If anie bill passe, which commeth vnto them from the lords, it is thus subscribed, Le com|mons ont assentus: so if the lords agree vpon anie bill sent vnto them from the commons, it is subscri|bed after this maner, Les seigniours ont assentus. If it be not agreed on after thrise reading, there is con|ference required and had betwéene the vpper and ne|ther houses, by certeine appointed for that purpose vpon the points in question, wherevpon if no finall agréement by the more part can be obteined, the bill is dashed and reiected, or (as the saieng is) cleane cast out of the doores. None of the nether house can giue his voice by proxie but in his owne person, and after he bill twise read, then ingrossed and the third time read againe & discoursed vpon, the speaker asketh if they will go to the question, whervnto if they agree he holdeth vp the bill & saith; So manie as will haue this bill go forward saie Yea: hervpon so manie as allow of the thing crie Yea, the other No, & as the crie is more or lesse on either side, so is the bill to staie or else go forward. If the number of negatiue and af|firmatiue voices seeme to be equall, so manie as al|low of the bill go downe withall, the rest sit still, and being told by the poll the greater par doo carrie a|way the matter. If something be allowed and in some part reiected, the bill is put to certeine commit|tées to be amended, & then being brought in againe, it is read and passeth or staieth as the voices yéeld therto. This is the order of the passage of our lawes, which are not ratified till both houses haue agréed vn|to them, and yet not holden for law till the prince haue giuen his assent. Upon the last daie therfore of the parlement or session, the prince commeth in per|son againe into the house, in his robes as at the first. Where after thanks giuen to the prince, first in the name of the lords by the lord chancellor, then in the name of the commons by the speaker for his great care of the welfare of his realme, &c: the lord chan|cellor in the princes name giueth thanks to the lords & commons likewise for their paines, with promise of recompense as opportunitie & occasion shall serue therefore. This doone one readeth the title of euerie act passed in that session, and then it is noted vpon them what the prince doth allow of with these words, Le roy veult. If the prince like not of them, it is writ|ten vpon them Le roy aduisera. And so those acts are dashed, as the other from thenceforoth are taken and holden for law, and all imprinted except such as con|cerne some priuat persons, which are onelie exem|plified vnder the seale of the parlement, as priui|leges to his vse. And this is the summe of the maner after which our parlements in England are holden, without which no forfaiture of life, member or lands of anie Englishman, where no law is ordeined for the same before hand, is auailable or can take place amongst vs. And so much in maner out of the third chapiter of the second booke of the common-wealth of England written by sir Thomas Smith: whervnto I will annex a table of the counties, cities, boroughs and ports, which send knights, burgesses, and barons to the parlement house, and dooth insue as followeth.