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 ORDER AND vsage of the keeping of a Parlement in England , AND THE DEScription of th olde and ancient Cittie of Excester .

Collected by Iohn Vowel alias Hooker gentleman .

Floret Virtus in aetaernum

TO THE RIGHT WORSHIPFVL , graue and prudent , the Maior and Senators of the moste ancient and honorable Cittie of Excester , Iohn Vowel alias Hooker gentleman and Chamberlain of the same , wisheth a happy successe in gouernment with the long continuance therof to the benefit of the publique welth and increace of worships .

WHEN I DO THINK and consider ( right worshipful ) of the noble state and great maiestie of the high Courts of Parlements of this Realme which for the exellencie and worthines therof , is of all true English men to be honored and imbraced : I doo foorthwith fall in great dislike as wel with my self as with others , which beeing in learning ignoraunt , in wisdome weke , in experience vnskilful , and in euery respect very vnfit for such an honorable assembly , should be chosen and admitted to the same .

For by the ancient orders and prescribed lawes of this land : onely such are tobe elected and to haue place there as for grauitie , wisdome , knowledge and experience , are reputed and knowen to be the moste chosen and principall personages of the whole land and Realme . And this court beeing in authoritie highest , and in power cheefest : none should to be th orderers , Iudges and councellers therof , but such as in vertues and good conditions are answerable to the same .

The order ( therfore ) among the Romains was that none should be receiued or allowed to be of their Senate house : vnlesse he were graue in yeeres , and wel experienced in common affaires of the publique welth . The Lacedemonians admitted none to be an Ephorus amongst them : but that he were a tryed man for knowledge and experience . The Athenians would be assured that he should be wise and lerned , that should be of their counsail .

The like order also was and is within this Realm , the same being deriued and taken cheefly from emong the Romains , emong and vnder whome : diuers of th olde and ancient Kings of this Realm , haue ben bred and brought vp .

And by meanes of the wisdome , learning and knowledge , learned emong them , haue not onely attained to the Septer of this realme : but also some of them haue been the monarches and Emperours of the whole world .

These good Kings and Princes ( I say ) finding this land by disordered life , lawles libertie , and lose behauior to be brought to an vtter ruin , decay and desolation , no reason longer ruling , nor good order allowed , then as priuat affections and selfwil would allow and like of : after many deuises , consultations and attempts for redresse , no way could be found so good , no remedie so present , nor help so speedy : as to erect and establish a Senate of the most graue , wise and expert personages of the whole Realme , called by the name of a Parlement . For as Patricius in his third Book , De institutione Reipub ▪ saith . The best order of gouernment of the common welth : procedeth alwais from th olde and ancient Senators , which are reputed and taken to be the fathers of the common welth . For as fathers for their Children : so these for the common welth are moste careful and tender .

And albeit the King or prince be neuer so wise , learned and expert : yet is it impossible for any one to be exact and perfit in all things , but a Senate of wise , graue , learned and expert men , beeing assembled in councel togither : they are as it were one body , hauing many eyes to se , many feet to go , and many hands to labour withall , and so sircum spect they are for the gouernment of the commonwelth : that they se all things , nothing is hid or secret , nothing is straunge or new , nothing is to great or weightie to them , but whether it be in causes of war , or of peace : they wil be wel aduised , and measure all things , with good reason , circumspection and policie .

Moyses therfore , although ( hauing talked with God face to face , he were aboue all others most wise , discreet and learned , yet not trusting all togither to his owne wittes : made choice of all th elders of Israel , and by their councel did order and direct the publque state & common welth of his people , and likewise beeing councelled by his father in law Iethro , to prouide emong all his people , strong , couragiouse and valeant men , ( and such as feared God , dealed truely , and hated couetousnes ) to be rulers ouer the people , to gouern and iudge them , he did so , onely the greatest and weightiest matters whiche touched God : were brought before him alone .

Wherfore according to the good profitable and ancient orders of the Romains and Israelits : these good Kings doo erect a Senate or Parlement . Lawes are prescribed how the same shuld be kept , orders made what manner of persons shal be elected and chosen for the same , and constitutions set foorth how and in what sort lawes and ordinaunces shal be made for the benefit of the common welth . And surely these good and wholsome orders being put in vre and execution : the benefit therof grew so much in short time , that there was as it were a Metamorphoses of the state of the publique weale in those daies , for what Sedition and contention had disordred : good order and concord recouered . What loosenes and dissolutnes of life had marred : honest be hauiour restored . What disobedience had decayed : loiable obedience amended . And finally what soeuer by any disorder was amisse : was by these meanes reformed and redressed : and the euils which were crept and brought in by ambition , couetousnes , debate , malice or enuy : were so reformed as that the people beeing better gouerned and instructed : would not be caryed with euery affection , neither yet prefer priuate profit and wilful lusts , before the common and publique welth .

Lo , suche are the frutes which grew of the Parlements , and thus doth it fare in all estates where good men doo rule , wholsome lawes are made , and good order kept and obserued , and so long doo common welths florish : as when princes do rule and gouerne by law , and people loyally obeying doo liue vnder law .

Erasmus in his Book De institutione principis Christiani ▪ saith , that good lawes vnder a good Prince : doo make a happy Realme and fortunate gouernment . Cuius tum felicissimus est status , cum principi paretur ab omnibus , atque ipse Princeps paret legibus leges autem , ad architypum aequi et honesti respondent nec alio spectant , quam ad Rem communem in melius prouehendam . Whose state is then moste fortunate when the people doo obey the Prince , and the Prince obeyeth the lawes , and when lawes bee made iust and right , and for the better aduauncement of the common welth . And surely these are so in seperable that in a good common welth they cannot be disseuered , but a good Prince and good lawes must be concurrant , for although it be a rule that Quod principi placet legis habet vigorem , & that Princes heasts ar lawes : yet the Ethnicks them selues doo holde th oppinion and affirme , that vnlesse the lawes be iust and made according to the rule of wisdome , and for the common welth : it is no law , for that is a law , Quod sapienti bonoque principi placet cui nil placet , nisi quod honestum , ac quod seniorum , iuditio atque sententia probatum est fore Republica .

And surely in my oppinion , if it behoueth Princes to be valeant in armes , and expert in martiall affaires , wherby to with stand the enemye , and to represse the rebel : much more ought he to be wise and learned , that he knowing the lawes and keeping the same , may the better gouerne his people in peace and keep them in dutiful obedience .

Wherfore Iustinian the Emperour in the proheme to the instituts , hath this sentence . Imperatoriam maiestatem , non solum armis decoratam sed et legibus armatam esse oportet , vt vtrumque tempus , et bellorum , et pacis , recte possit gubernari . an Emperour or a king ought not onely to be skilful in feates of armes : but also to be wel learned and instructed in the lawes : that he may preuail against his enemye , as also peaceably gouerne his Subiects . It is also an olde sentence , and for the worthines therof grauen in Golde among the professors of the common lawes of this Realme , Arma Regum Lex .

And therfore the Egiptians did think it more honorable and commendable that Kings should be rather learned in good studyes , then addicted to martiall feates , and therfore their kings did with great diligence apply them selues to the studyes of wisdome and knowledge , neither did any King emong them think that he did or could gouerne wel : vnlesse ( as in authoritie , so also in wisdome , vertue and learning ) he did excell all the rest of his Subiects and people . Then if it be so necessary and expedient for the common welth that the same be gouerned by learned and wise rulers , and guyded by iust and good lawes : how happy , blessed & fortunate is this realme of England , which hath found both th one & thother ?

For neither Athens with their Solon , and his lawes . Sparto with their Licurgus and his lawes . Egipt with Mercurius and his lawes . Rome with their Romulus and his lawes . The Italians with their Pithagoras and his lawes , and finally a number of other famose contries and worthy gouernors , of whome great aduaunt is made : are not to be compared to this little ile and Realm , which in bothe respects hath passed and excelled them all . For the Kings and rulers therof ( not for a short time : but in the course of many hundrethes of yeeres ) haue not been so valeant as wise , not so couragious as prudent , not so puissant as learned , and not so politique in the feeldes : as graue in the Senates . Likewise the lawes , in equitie most vpright , in iudgements most true , and in conscience moste resonable . The obseruation and keeping of which lawes : hath heertofore preserued this Realme from forain enemyes , defended it from ciuil seditions , and kept the people in safetie , so that is vrified whiche Melanchton writeth of Solon . Denique vita hominum , tranquilla et honesta manebit : seruandi leges , dumpia cura manet .

It resteth now that if we doo minde to be the naturall Children of so wise fore Fathers , the obedient Subiects of moste worthy Rulers , the obseruers of moste godly and wholsome lawes : that like to our ancestors we doo carefully and obedyently in all dutifulnes liue after their race and dispose our selues after their examples : for if we doo once yeeld to the breach therof , then be assured , the destruction of our selues , the decay of our posteritie , and vtter ruin of our common welth wil shortly and immediatly folow .

For no longer shall our life be in safetie : then we doo dutifully obey the Prince and obediently obserue the lawes .

The olde and ancient Fathers in the former ages , were so straight in this poynt , that they would in no wise commit the least breach of any law . For Chilo the Lacedemonian , was of the oppinion , that the common welth could no longer endure then when the lawes were firmely obserued .

Heraclitus of Ephesus saith , that Citizens are more bounden to fight for defence of their lawes : then for keeping of their walles , for with out walles the Cittie might stand , but without lawes it could not continew , and yet bothe are to be defended .

Archidamus saith , that in all wel gouerned common welths : all degrees and estates of people are like obedient to the order of the lawes as wel the magistrat : as the inferior , & the King : as the Subiect . Saint Paule saith , that he is not the iust man , which onely knoweth the lawes : Sed qui factis legem exprimit which liuing vnder the law dooth obey and keep the same . And surely if we English men would doo the like , and folow the steps of such common welths , as whose states continued so long as they kept their lawes , and also consider how this Realme hetherto , by that meanes hath been and is preserued : we shall not need to feare of our estate , dout of our fall , or mistrust of our decay . No forain inuations shall preuail against vs , nor yet intestine seditions be able to anoy vs , for such is the nature of the parlements , that all mischeefs , inconueniences and euels are foreseen : and all good orders deuised as befor the common and publique weale , no man of what estate so euer he be : can go awry or transgresse his commission , but is vnder the order of that assembly , and of such ordinaunces as by the same are to be deuised . For the King him self although he be the cheefest ruler , yet by the laws of this realme , he cannot establish order or make any law : but onely in Parlement , and with aduise and consent of all the estates and sages of the same , which law being kept , how can he with tiranny oppresse his people , or with exactions ran sack and spoile his commons ? If the noble man can be no farther allowed , then to do and speak that which shal be liking to the King and his whole Parlement : what wrongs or iniuries can he offer or minister ? If no man ought to be a knight of the Parlement , vnlesse he be Cinctus gladio : that is to say , wise , prudent , expert and politick in martiall affaires : what warres can aduisedly or rashly be taken in hand ? if no man can be a Citizen or a Burgesse ther , vnlesse he be ancient , wise , graue and resiant in the place for whiche he is chosen : what euil lawes can passe and be concluded ? yea what things amisse in any parte of the Realme , shall not vpon diclosing , foorthwith and spedely be redressed ?

If Salomons wise and ancient senators ought to haue place in Parlement : what shall the rash and yung councellers of Rohobohādo ther ? If Moises by the aduise of such ancient elders of Israel as were wise , valeant , dealed truely , feared God , and hated couetousnes , did direct the people in iudgement and gouern them in iustice : what shall children , yungmen , and such as neither fear god nor hate iniquitie , which are of no experience or knowledge : sit in Senate of the wise , and giue iudgement emong the graue and learned ? Finally if the olde Senators and wise Fathers , ought there to sit in ancient order and in graue maner : what place is there for punies , rash heddes and yung men , who hauing no learning , and lesse experience , are caried away ( as a fether with the winde ) with euery light toy , making no account nor hauing any regarde at all to the publique weale ?

And surely that our Parlements should be kept in such order : the good ancient Kings of this realme with great aduise did so ordain , and great penalties are prescribed , and punishments appointed against such as shal be remisse in obseruing , or guiltie in the breach therof . If we therfore , for whose safetie and preseruation so good and wholsome lawes , which haue been made and heertofore obserued , should degenerate from our forefathers , and be remisse or carelesse in the keeping of the same : let vs be assured that as we shall right worthely , so shall we assuredly feel the smart therof to the vtter destruction of our selues , the subuertion of the common welth , and decay of our posteritie , for so hath it happened and be fallen to all the estates , kingdomes Realmes , Citties and common welths , of all the world , whose destruction and decay began with the contempt and decay of their lawes and orders .

Where is the wel gouerned estate of the Atheniences ? What is become of the noble estate of the Romains ? What is become of the prudent gouernment of the Ephoros in Sparta ? Nay what is become of the Israelits the chosen people of God ? are not they driuen out of their owne land , and become vagabonds through the whole world ? are not they so lothesome that all sorts of people doo in a manner shun and abhorre them ? It is an olde saying : Felix quem faciunt aliena pericula cautum , happy is he that can beware by an other mannes harme . Wel , if their be any feare of God in vs , if any zeale to our common weale , any care of our posteritie , or account of our owne safetie : let vs haue an ernest regarde to the preseruation of that which is the preseruation of vs , Let vs keep that which keepeth vs , maintain that which maintaineth vs , and defend that whiche defendeth vs . Let vs preuent and beware that in choice of the Knights , Citizens and Burgesses : none be chosen which are straungers to the common welth , yung of yeeres , weke of discretion , and timerose to speak : but such as are graue , wise , ancient , and expert , fearing God , dealing truely , according to the ancient orders , lawdable customes and prescribed lawes of this Realme .

And for asmuch as the orders , vsages and customs of the Parlements of this Realme , are for the most part , and to most men hidden and vnknowen , and yet moste expedient and necessary , that none should be ignoraunt of them : I haue thought good vpon considerations to make a collection of them , and finding some alteration and varietie of the Parlements in these dayes , from them which were vsed in the elder dayes : I haue made the discription bothe of the one and of thother .

The first and ancientest orders I haue translated out of an olde , and an ancient Lattin Record , which I haue of the Parlements kept in the time of King Edward the Sonne of King Etheldred , named Edward the confessor , about the yeer of our Lord. 1046 , which were duely for many yeeres before and after his dayes kept and obserued .

The others are of mine owne deuise and collection , according to that which I saw and learned at the Parlement holden at Westminster , in the xiij . yeer of the reign of Queene Elizabeth , Anno. 1571. at which I was present , being one ( though vnworthy ) of the said house and assembly . I haue been the more willing to set the same foorth : because I knowe it moste necessary and needful to be knowen , and that it toucheth the whole estate and common wealth of this Realme very neer . For if the Rulers and gouernours of Citties and townes , doo not more carefully look to the choice of their Citizens and Burgesses : their states may paraduenture be in daunger to be shaken , and their gouernments be in peril to perish .

And as for zeale and good wil to the whole common welth , and my natiue Contrey , I haue taken this little trauail : so of bounden deutie , I haue thought good to offer and present the same vnto you , partely that a Legiar & memoriall of so worthy and necessary a matter : might remain and be emong your Records , for the better instruction of your selues , and all others which shal repair vnto you for the same . But cheefly to yeeld my self vnto you moste humble and thankful , for your good wil and tender affection towards me , for albeit you had the choice of sundry wise men , which ( for their grauitie , experience and knowledge farre exceeding me ) were more fit to haue supplyed a place in that honorable assembly : yet you of a good wil conceiuing the best , made choice of me preferring me before the wise , and ioyning me with the discreet , and although by meanes of sicknes , the vse of my speech not seruing , I could not speak my minde in that pluce , as of duety and conscience I ought and would haue doon : yet in such credit of that assembly I was , that by a whole and a generall concent of the Parlement : I was eftsoones chosen to be a Comitte in sundry matters of charge and importaunce , and they with whome I was ioyned , although they were personages of much honor , and great experience : yet such credit they gaue to my words and so allowed of my sayings : that with good allowance they relyed vnto the same . Whatsoeuer credit or commendation , groweth to me heerby , I doo , must and wil , wholly impute it vnto you . And therfore as one bounden vnto you , and altogither dedicated to your seruice and commaundement : I doo offer this my simple and rude collection vnto your worships , praying and beseeching you not to haue respect to the simplicitie , rudenes and sclendernes of the matter offred : but to the good wil of the offerer .

I haue before this attempted and begun to to draw and make a discourse , of the antiquitie , estate and gouernment of this Cittie , thinking when I began : I should long ere this haue absolued the same , and haue offred it vnto you . But in the middle of my trauails , beeing by your consents , called to folow the weightie affaires of the right worshipful , Sir Peeter Carew knight , in Ireland : I was cut of and dissapointed , sithens beeing returned , I haue for the moste part been so ouer charged with sicknes , and mine affections haue been and are so distempered : as that oportunitie and power haue not yet serued to folow the absoluing of that , whiche my good wil and ernest desire wissheth .

Neuerthelesse , hauing perused the discription of this Cittie , which was of mine owne collection : I haue vpon the sight of more matter enlarged , augmented and brought the same to such a perfection , as for the time and matter sufficient . The imperfections ( if any be ) I wil heer after as occasion shall serue : supply and amend , in the meane time , hauing ioyned the same vnto this , and thinking it moste meet to be offred vnto you : I doo moste humbly pray you , accept the same in good parte .

The Lord God from whome commeth what so euer is good , and who directeth the councels of the Iust , and prospereth the diuices of the godly : send his holy spirit vpon you , that you liuing in the feare of him , may hate iniquitie , abhorre couetousnes , and without affection giue iust Iudgements , and in all trueth , equitie and iustice : gouerne , rule and direct the people , ouer whome he hath made you the gouerners and Rulers , whereby his name may be glorified , the common welth prospered : and you at length sitting with the xxiiij Elders , may be crowned with them , and inioy that peace and blessing whiche is prepared for such as execute iustice and giue true Iudgements .

Post mortem Vita

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 beginning of the Parlement .

The Summons of the Spiritualtie .

ALl Bishops , Abbots , Priors and all other great Clarks that holde by countie or barony , by reason of their holding , ought to be monished , and also to come to the Parlement , and none other inferiours of the Clergie , vnlesse their presence were profitable and necessary for the Parlement . And to those the King is bound to giue their costis comming & abiding at the Parlement , and such inferiour Clarks not to be monished to come to the Parlement . But the king was accustomed to send his writs vnto such discrete men , desiring 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 exempt 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 persons , & 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 the Temporaltie 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 spoken of before of the inferior Clerks .

The summons of the Barons of the fiue Portes .

ALso the King ought to send his writs to the warden of the fiue portes that he should cause to be elected or chosen for euery of the 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 personally . 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 departe : they were accustomed to haue a writ sealed with the great seal to the warden of the fiue portes for their resonable expences doon from the first of their comming to the Parlement , vntil the time of their departing and comming home , to be leuied of the 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 commons 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 writꝭ 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 cittyes should elect & choose two discrete honest & wise Citizens to come and be at the Parlement vnder the fourme as is spoken of before of the Barons and of the knights of the shéere . And the said Citizens were accustomed to be like and equall in their expences for comming , 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 Burgesses of them selues , and by them 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 Parlement . 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 Parlement 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 peticions to be finished by Parlement , yet the twoo Clarks to be immediat subiectis to the King and Parlement in common , vnlesse one of the Iudges or two be assigned to examin and amend their inrolling . And if the péeres of the Parlement be assigned to hear & examin any speciall petition , after they haue broken their matter : they shall giue their sentence and Iudgement in the ful Perlement , and the two Clarks inrolle the same , and all other plaints and iudgements of the Parlement in the principall of the Parlement , and there to deliuer those rolles to the Treasurer before 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 expences 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 approbate , of whom , the first shall attend 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 councels where so euer they be commaunded . And in cace they shal be vacant : they shall help the two principall clarks to inrolle their busines .

Of the causes and douts of the Parlement .

WHen any breach , difficultie of dout , or defuse 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 Parlement , and if it be necessary : the King shall commaund or in the Kings name it shal be commaunded that euery degrée , and the persons of euery degrée of the Parlement shal be 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 answere and aduisement heard : the whole Parlement to admit 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 disturbed : 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 depening before the Chaunceller of England , or a defuse iudgement 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 , that 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 condiscend 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 shal be ordered vnlesse the King wil discent as he may , and then may he and his councel examin and amend 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 : shal be 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 shal be 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 the péeres of the Realme . On the holy daies the parlement shall begin at the prime , because of the diuine seruice 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 Parlement is of six degrées . And it is to be noted that if any of the said degrees be absent after their first lawful monicions 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 shal be 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 Parlement 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 shal be amerced in a C. pound , and a borough a C. markis .

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

The third day : the Barons of the fiue portes , & after them th' other Barons , and then the Earles , and for lack of apparance of euery Baron : they shal be amerced a C. markis , and of an Erle : a C. pound , the like shal be doon to them that be Earles and Barons Péeres , that is to say , as haue Lands and rents to the yéerly value of an Earledome or of a barony as is before expressed . The fourth day : the Proctors of the Clergie shal be called , and for lack of their apparance : their Bishops shal be amerced a C. marks for euery Archdeaconry that maketh default .

The fifth day : Deanes , Priors , Abbots , Bishops and Archbishops , and for lack of apparaunce of an Archbishop : he shal be 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 shal be made first in the Hall or in the Monastery or some other open place where the Parlement shal be holden or kept , and after in the Citty or Town openly that euery man hauing Bil or Peticion to be eranuned or determined in the 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 to be assigned by the Archbishop in whose prouince the Parlement shal be kept and holden , shall preach on the first of the fiue dayes in the ful Parlement & in the Kings presence , and he shall begin when all the Parlement or the moste parte shal be there assembled , & in his prison or prayer 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 parlement house , first generally and then specially the causes 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 , Archdeacons , 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 : secondarely 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 seuerally shall begin and continew the Parlement in the Kings name , making expresse mention in his commission of his disease 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 Archbishop of Canterbury , at his left hand the Archbishop 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 Parlement . 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 sheweth 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 Sergeants at armes to kéep the Parlement 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 enterprise 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 demaund help of his Realme but onely for war that was instant , or for the creation of his Sonnes to bée made knights : or his Daughters to be maryed , and these helps ought to be demaunded in the ful Parlement , and in writing to be deliuered vnto euery degrée , and they in writing to make answere . And if this help ought to be graunted : then euery degrée of the Parlement should concent 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 the reason is this . The King may holde his parlement for the communaltie of his Realme without Bishops , Earles or Barons , so that they haue lawful summons and come not , for some time there was no Bishop , Earle nor Baron , and yet the King hid kéep his Parlement , but of the contrary , if the communaltie of the Clergie and of the Temporaltie be monished to the parlement as they ought to be by the Law , and for certain causes they doo not or wil not come , as if they pretend that the King hath not ruled or gouerned them accordingly , and doo therin expresse 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 parlement : the communaltie of the parlement of necessitie must concent therunto . For in the communaltie 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 communaltie 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 periured , also no Péere of the Parlement shall departe from the same without licence obtayned of the King and of his péeres , which licence is to be obteyned in open parlement , and to be recorded in rolle of Parlement . And if it happen 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 excuse to the Parlement , but if after thrée dayes passed he come not : then two of his péeres shal be sent to him to sée his person , and therof to aduertise the Parlement , and if any suspicion be had : these two Péeres shal be sworne to testifie the very trueth , and if it appéer he haue fained him self sick : he then to be amerced as a fault for his not appéeraunce at the beginning of the Perlement , and if he be sick then before : then he shall make a sufficient 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 assigned , 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 remedye 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 shal be tenne inches brode . The Parlement shal be 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 counsailers prescribed a forme & order how the Parlements within 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 receiued and vsed .

THE ORDER AND Vsage how to keep a Parlement in England in these dayes , colected by Iohn Vowel alias Hooker gentleman , one of the Citizens for the Cittie of Exeter at the Parlement holden at Westminster Anno domine Elizabethae Reginae decimo Tertio . 1571.

By whome and for what cause a Parlement ought to be summoned and called .

THe King who is Gods anoynted béeing the hed and chéef of the whole Realme and vpon whome the gouernment and estates therof doo wholy and onely depend : hath the power and authoritie to call and assemble his Parlement , and therin to séek & aske the aduise , councel and assistance of his whole Realme , and without this his authoritie : no parlement can properly be summoned or assembled . And the King hauing this authoritie , ought not to summon his Parlement : but for weightie & great causes , and in which he of necessitie ought to haue the aduise and counsel of all the estates of his Realme , whiche be these and suche like as foloweth .

First for Religion , for , for asmuche as by the Lawes of God and this Realme , the King next and immediatly vnder God is his deputye and Vicar in Earth , and the chéefest ruler within his Realmes and dominons : his office , function and duty is , abooue all things to séek and sée that God be honored in true Religion and Vertue , and that he and his people doo bothe in profession and life liue according to the same .

Also that all Idolatries , false Religions , heresies , scismes , errors , supersticions , and what so euer is contrary to true Religion , all disorders and abuses , either among the Clergie or the Laietie , be reformed , ordred and redressed .

Also the assuraunce of the King and Quéens persons , and of their Children their aduancement & preferment in mariages , the establishing of succession , the suppression of Traitors , the aduoyding or eschewing of warres , the attempting or mooving of warres , the subduing of Rebelles , and pacifying of ciuil warres and commotions , the leuying or hauing any aide or Subsidye for the preseruation of the King and publique estate .

Also the making and establishing of good and wholsome Lawes , or the repealing and debarring of former Lawes , as whose execution may be hurtful or preiudiciall to the estates of the Prince or common welth . For these and such like causes beeing of great weight , charge and importaunce : the King ( by the aduise of his councel ) may call & summon his high Court of Parlement , and by the authoritie therof establish and order such good Lawes and orders as then shal be thought moste expedient and necessary .

The order and manner how to summon the Parlement

THe King ought to send out his writs of summons to all the estates of his Realme , at least forty dayes before the beginning of the Parlement . First to all his Lords and Barons , that is to wit , Archbishops , Bishops , Dukes , Marquesses , Earles , Vicountes and Barons , and euery of these must haue a speciall writ , then to the Clergie , and the writ of their summons must be addressed to euery perticuler Bishop , for the Clergie of his diocesse , & all these writs which are for the Clergie : the King alwaies sendeth to the Archbishops of Canterbury and York , & by them they are sent and dispersed abrode to euery perticuler Bishop within their seuerall prouinces , and so the Bishops giue summons to the Clergie .

Lastly , for the summoning of the Commons : hée sendeth his writ to the Lord warden of the fiue portes , for the election of the Barons therof , and to euery seuerall Shiriffe , for the choice and election of Knights , Citizens , and Burgesses within his countie .

How and what persons ought to be chosen for the Clergie , and of their allowaunces .

THe Bishop ought vpon the receipt of the writ sent vnto him for the sumoning of his Clergie : forthwith to summon and warne all deanes and Archdeacons within his diocesse to appéer in proper person at the Parlement , vnlesse they haue some sufficient and resonable cause of absence , in whiche cace he may appéer by his Proctor hauing a warrant or proxie for the same .

Then must he also send the like summons to the Deane and Chapter of his Cathedrall Churche , who shall foorthwith assemble their Chapter and make choice of some one of them selues to appéer in their behalf , and this man thus chosen : must haue thrir commission or proxie .

He must also send out his summons to euery Archdeaconry and peculier , requiring that the whole Clergie doo appéer before him , his Chaunceller or Officer at a certain day , time , and place , who béeing so assembled : shall make choice and election of two men of the said Clergie to appéer for them , and these shall haue their commission or proxie for the same .

These Proctors thus to be chosen ought to be graue , wise , and learned men , béeing professors either of Diuinitie or of the ecclesiasticall Lawes . and that can , wil , and be able to dispute in cause of controuersie , conuincing of heresies , appeasing of Scismes , and deuising of good and godly constitutions concerning true Religion , and orders of the Church .

These Proctors ( thus elected ) ought to haue resonable allowances for their charges , according to the state , qualitie , or condition of the person , as also a respect had to the time , the proctors of the Dean and Chapter are to be paid out of the Eschequer of the Cathedrall Churche . The Proctors of the Clergie are to be paid of the Clergie , among whome a collection is to beleuied for the same , according to an olde order vsed among them .

How and what maner of Knights , Citizens , and Burgesses ought to be chosen , and of their alowances .

THe Sheriffe of euery Countie hauing receiued his writꝭ : ought foorthwith to send his precepts & summons to the Maiors , Bayliffes , and hed Officers of euery Citty , Town corporate , Borough , and such places as haue béen accustomed to send Burgesses , within his Countie , that they doo choose and elect among them selues two Citizens for euery Citty , & two Burgesses for euery Borough , according to their olde custome and vsage . And these hed Officers ought then to assemble them selues and the Alder men and commen councel of euery Citty or Town , & to make choice among them selues of two able and sufficient men of euery Citty or Town , to serue for and in the said Parlement .

Likewise at the next Countie day to be holden in the said Countie after the receipt of this writ , the Sheriffe ought openly in the Court of his Shéer or Countie , betwéen the houres of viij . and .ix. of the fore noon : make Proclamation that euery frée holder shall come into the Court , and choose two sufficient men to be Knightis for the Parlement , & then he must cause the writ to be openly and distinctly read , whervpon the said frée holders then and there present : ought to choose two Knights accordingly , but he him self cannot giue any voice , neither be chosen .

These elections a forsaid so past and doon : there ought to be seuerall Indentures made betwéen the Sheriffe & the frée holders of the choise of the knights , and betwéen the Maior and the hed Officers of euery perticuler Cittie & Town of the choice of their Citizens and Burgesses , and of their names & of their mainperners and Sureties . Of these Indentures , the one parte béeing sealed by the Sheriffe : ought to be returned to the Clark of the Parlement , and th' other parte of the Indentures , sealed by such as made choice of the Knights , and such as made choice of Citizens and Burgesses vnder the seuerall common seales of their Citties and Townes : ought to remain with the Sheriffe , or rather with the partyes so elected and chosen .

The charges of euery knight and Citizen was wunt to be a like , which was xiij . shillings .iiij. pence by the day , but now by the Statute it is but viij . shillings , that is , to euery Knight , & euery Citizen iiij . shillings , & to euery Burgesse the olde vsage to haue v. shillings , but now it is but iij. shillings & iiij . pence limitted by the Statute , which alowaunces is to be giuen from the first day of their iorney towards the Parlement , vntil the last day of their return from thence . Prouided that euery such person shal be alowed for so many daies as by iorneying xxvj . miles euery day in the Winter , and xxx . miles in the Summer , hée may come and return to and from the Parlement .

In choice of these Knights , Citizens and Burgesses : good regarde is to be had that the Lawes & customs of the Realme be héerin kept and obserued , for none ought to be chosen : vnlesse he be resiant and dwelling with in the Shéer , Citty or Town , for which he is chosen . And he ought to be a graue , wise , learned , skilful , and of great experience in causes of policies , and of such audacitie as bothe canne and will boldely vtter and speak his minde according to duety , and as occation shall serue , for no man ought to bée silent or dum in that house , but according to his talent hée must and ought to speak in the furtheraunce of the King and common welth .

And the Knights also ought to be skilful in martiall affaires , and therfore the woords of the writs are that such should be chosen for Knights as be Cincti gladio , not because they shall come into the Parlement house in armoure , or with their Swoordes : but because they should be suche as haue good experience , and knowledge in feates of Warre , and of martiall affayres , whereby they may in suche caces giue the King and Realme good aduise and councel , likewise they ought to be Lay men and of good fame , honestie , and credit , béeing not vtlawed , excommunicated , or periured , or otherwise infamose , for such persons : ought not to haue place or to be admitted into the Parlement house .

The degrees of the Parlement .

IN times past there were six degrées or estates of the Parlement , whiche euery of them had their seuerall officers and ministers of attendaunce , but now the same are reduced into foure degrées . The first is the King , who in his personage is a ful and whole degrée of him self , and without whome nothing can be doon .

The second degrée is of the Lords of the Clergie and of the Temporaltie , and are all called by the names of Barons .

The third is of knights , Citizens , and Burgesses , and these be called by the names of the communaltie .

The fourth : is of the Clergie which are called by the name of conudcacion , and these persons haue no voice in the Parlement , nether can they doo any thing other than to intreat in causes of Religion , which from them is to be commended to other estates .

Of the places and houses of the Parlement .

AS it lyeth in the King to assigne and appoint the time when the Parlement shall begin , so that he giue at the least forty dayes summons : so likewise he may name and appoint the place where it shal be kept , but wheresoeuer it bée kept , th' olde vsage and maner was that all the whole degrées of the parlement , sat togither in one house , and euery man that had there to speak : did openly before the king and his whole Parlement , but héerof did growe many inconveniences , and therfore to auoid the great confusions which are in such great assemblies : as also to cut of th' occasions of displeasures which eftsoones did happen , when a mean man speaking his conscience fréely , either could not be heard , or fel into the displeasure of his betters , and for sundrye other great gréefs , did deuide this one house into thrée houses , that is to wit , the higher house , the lower house and the conuocation house .

In the first : sitteth the King , and his Lords spirituall and Temporall called by the name of Barons , and this house is called the higher house .

The second is : where the Knights , Citizens and Burgesses doo sit , and they be called by the name of Commons , and this house is called the lower house .

The third is : where the prelats and Proctors of the Clergie sit béeing called by the name of the Clergie , and this house is called the conuocation house , of euery of these houses : their orders and officers , we wil bréefly subuect and declare perticulerly in order as foloweth .

Of the higher house .

THe higher house ( as is said ) is where the King and his Barons doo sit in Parlement , where the King sitteth highest , and the Lords and Barons beneath him eche man in his degrée , the order is this . The house is much more in length then in breadth , and the higher end therof in the middle is the Kingis seat or Throne hanged richly with cloth of estate , and there the king sitteth all waies alone . On his right hand : there is a long bench next to the wall of the house whiche reacheth not so farre vp as the Kings seat , and vpon this sit the Archbishops and Bishops euery one in his degrée . On his left hand : there are two like benches , vpon the inner : sit the Dukes , Marquesses , Erles and Vicounts . On the other which is the hindermoste & next to the wall : sit all the Barons euery man in his degrée . In the middle of the house betwéen the Archbishops seat and the Dukes seat : sitteth the Speaker , who commonly is the Lord Chaunceller , or kéeper of the great Seale of England , or the L. chéef Iustice of England as pleaseth the King , who dooth appoint him , and he hath before him : his two Clarks sitting at a Table before them vpon which they doo write and lay their Bookes . In the middle rowme beneath them : sit the chéef Iustices and Iudges of the Realme , the Barons of the Eschequer , the Quéenes Sergeants and all such as be of the Kings learned Councel , either in the common Lawes of the Realme : or of the Ecclesiasticall lawes , and all these sit vpon great Wool sacks , couered with red cloth .

At the lower end of all these feates is a bar or a Rail , betwéen which and the lower end of the house : is a void rowme seruing for the lower house , and for all Sutors , that shall haue cause and occasion to repair to the King or to the Lords . This house as it is distinct from the others : so there bée distinct Officers to the same belonging and appertaining , whiche all be assigned and appointed by the King , and all haue allowances for their charges at the Kings hands , of which Officers what they are , what is euery of their offices , and what allowances they haue : shal be written in order héerafter .

Of the Officers of the higher house and first of the Speaker , and of his office .

THe chéefest Officer of the higher house : is the Speaker , who is appointed by the King , and commonly he is the Lord Chaunceller or kéeper of the great Seale , or Lord chéef Iustice of England , his office consisteth in diuers points .

First : he must on the first day of the Parlement , make his oration in the higher house , before the king , his Lords and commons , & then & there declare the causes why the King hath summoned that parlement , exhorting and aduising euery man to do his office and duty , in such sorte as may be to the glory of God , honor of the King , and benefit of the common welth .

Also he must make one other oration , but in way of answere to the Speakers Oration , when he is presented to the King.

Likewise he must make the like , on the last day of the Parlement , and you shall vnderstand that vpon these thrée dayes : he standeth on the right hand of the King néer to his seat , at a bar there appointed for him , but at all other times : he sitteth in the middle of the house as is before said .

When he hath ended his oration vpon the first day : he must giue order vnto the lower house in the Kings behalf , willing them to repair vnto their house , and there ( according to their ancient order and customes ) make choice of their Speaker ,

All Billes presented vnto the higher house : he must receiue , which he hath foorthwith to deliuer to the Clarkes to be safely kept .

All Billes he must cause to be red twise before they be ingroced , and béeing red thrée times : he must put the same to question .

If any Bil put to question doo passe with their consent : then the same must be sent to the lower house , vnlesse it came first from thence , and in that cace : it must be kept vntil the end of the Parlement .

If any Bil be denyed , impugned , and cléere ouerthrowne : the 〈…〉 more to be thencefoorth receiued .

If 〈…〉 be put to question , and it be doutful whether side is the greater and giueth moste voices : then he must cause the house to be deuided , and then iudge of the Bil according to the greater number .

If any Bill be imperfect or requireth to be amended : hée must choose a certain number of that house , as he shall think good , and to them commit that Bil to be reformed and amended .

If any Bil or message be to be sent to the lower house : it is his office to make choice of two of the Kings learned councel there béeing to be the messengers therof .

If any Bil or message be sent from the lower house : hée must come from his place to the bar & there receiue the same , and béeing returned to his place and euery Straunger or messenger departed : he must disclose the same to the Lords .

Item if any disorder be committed or doon in the house by any Lord or other person : he ought with the aduise of the Lords to reforme the same , but if it be emong the Lords , and they wil not be reformed : then he must foorth with aduertise the King.

Item he ought at the beginning of the Parlement : to call by name all the Lords of the Parlement , and likewise at other times as he séeth occasion , whose defaults ought to be recorded , and they to pay their fines vnlesse they be dispenced with all by speciall licence from the King , or haue some iust and resonable cause of absence .

Item he must sée and cause the Clarks to make true entries and true recordes of all things doon there , and to sée that the Clarks doo giue and deliuer the copyes of all such Billes there red to such as demaund for the same .

Item he shall kéep the secrets and cause and commaund euery man of eche degrée in that house to doo the like .

Also he ought not to go any where , but the gentleman Sergeant ought to attend vpon him , going before him with his Mace , vnlesse he be Lord Chaunceller for then he hath a Sergeant of his owne .

His alowance that he hath is at the Kings charges .

Also for euery priuate Bil that passeth and is enacted : his hath x. pound for his parte .

Of the Chaunceller of the higher house .

THe Chaunceller is the principall Clark of the higher house , and his charge is safely to kéep the recordes of the Parlement and the Arts whiche be past .

All suche Statutes as be enacted : hée must send to the Kings seuerall Courts of recordes to be enrolled , as namely the Chauncery , the kings Bench , the common place , and the Eschequer .

All suche Acts as are to be imprinted : he must send to the Printer .

All such priuate Acts as are not imprinted , if any man wil haue the same exemplified : he must transmit the same to the Lord Chaunceller to be ingrossed and sealed , and for the same , he to take the fées appointed and accustomed .

He hath for his alowance an ordinary fée for terme of life of the King.

Of the Clarks of the Parlement .

THere be two Clarks , the one named the Clark of the Parlement : and the other named the Clark of the Crown . The Clark of the Parlement his office is to sit before the Lord Speaker , and to read such Billes presented as hée shal be commaunded .

He must kéep true records and true entries of all things there doon and to be entred .

If any require a coppy of any bil there : he ought to giue the same receiuing the ordinary fées .

If any Bil after his ordinary readingꝭ , be to be ingrossed he must doo it .

The councel of the house he may not disclose .

At the end of the Parlement : he must deliuer vp vnto the Chaunceller , all the Acts and records of that house , sauing he may kéep a transumpt and a coppy therof to him self .

He hath his alowance of the King.

Also for euery priuate Bil whiche is enacted : he hath thrée pound .

Also for euery Bil wherof he giueth a coppy : he hath for euery ten lines a peny according to the custome ,

THe Clark of the Crown : his office is to supply the place and the rowme of the Clark of the Parlement in his absence , and hath in all things the like charges and profits , as the Clark ought to haue .

He must giue his attendaunce to the higher house from time to time and doo what shal be inioyned him .

All suche Acts as be not imprinted , if any man will haue them exemplified vnder the brode Seale : he must exemplifie them , and haue for the same his ordinary fées .

These two Clarks at the end of the Parlement : ought to be present in the house , and within the lower bar at a boord before them , their faces towards the King , and there the one must read the billes which are past bothe houses : and the other must read the concent or disagreement of the King.

Of the Sergeants or porters of the higher house .

THere is but one Sergeant whiche hath the charge of kéeping of the doores , for though there be diuers doores : yet the kéepers therof are at his assignement .

He ought to sée the house be cléene and kept swéet .

He ought not to suffer any manner of person to be within she house , so long as the Lords be there sitting , other then such as be of the learned councel , and of that house , and except also such as come in message from the lower house with Billes or otherwise , and except also such as be sent for , and be admitted to haue any thing there to doo .

Also he must attend and go alwaies with his Mace before the Speaker , vnlesse he be Lord Chaunceller , or kéeper of the great Seale , for then he hath a Sergeant of his owne .

He ought to kéep safely such prisoners as be commaunded to his warde , and to fetch or send for such as he shal be commaunded to fetch .

This Porter or Sergeant hath besides his ordinary fée : a standing allowance for euery day of the Parlement .

Also he hath for euery priuate Bil which is enacted : xl . s.

Also he hath for euery prisoner committed to his warde : a certain alowance for his fées .

Also he hath of euery Baron or Lord of that house , a certain rewarde .

Of the lower house .

THe lower house ( as is said ) is a place distinct from the others , it is more of length then of breadth , it is made like a Theater , hauing foure rowes of seates one abooue an other round about the same . At the higher end in the midle of the lower rowe : is a seat made for the Speaker , in which he alwaies sitteth , before it : is a table boord , at which sitteth the Clark of the house and there vpon layeth his Books , and writeth his recordes . Vpon the lower rowe on bothe sides the Speaker : sit such personages as be of the kings priuy councel , or of his chéef Officers , but as for any other : none claimeth nor can claime any place , but sitteth as he commeth , sauing that on the right hand of the Speaker , next beneath the said Councelles : the Londoners and the Citizens of York doo sit , and so in order should sit all the Citizens accordingly . Without this house : is one other in which the vnder Clarkꝭ doo sit , as also such as be Suters and attendant to that house , and when so euer the house is deuided vpon any Bil : then the rowme is voided , and the one parte of the house commeth down into this to be numbred .

The office of the Speaker of the lower house .

THe chéef or principall Officer of this house : is the Speaker , and is chosen by the whole house or the more parte of them , he himself béeing one of the same number , and a man for grauitie , wisdome , experience , and learning : chosen to supplye that Office during the time of the Parlement , and is to be presented to the King the third day folowing .

His Office is to direct and guide that house in good order , and to sée the ordinaunces , vsages , and customs of the same to be firmely kept and obserued .

When he is presented vnto the King sitting in his estate royall in the Parlement house , for the purpose : he must then and there make his oration in commendation of the Lawes and of the Parlement , whiche doon : then he hath in the name of the house of the commons : to make to the King thrée requests .

First : that it may please his maiestie to graunt that the commons assembled in the Parlement may haue and inioy the ancient priuiledges , customes and liberties as in times past haue appertayned and béen vsed in that house .

Then that euery one of the house may haue libertie of spéech , and fréely to vtter , speake and declare his minde and oppinion to any Bil or question to be proponed .

Also that euery Knight , Citizen and Burgesse , and their seruants , may haue frée comming and going to and from the said Parlement , as also during the time of Parlement , and that they , nor any of their Seruants nor retinewe : to be arested , molested , sued , imprisoned , or troubled by any person or persons .

And lastly , that if he or any other of that company , béeing sent or come to him of any message , and doo mistake him self in dooing therof : that his Maiestie wil not take the aduantage therof but gratiously pardon the same .

He must haue good regarde and sée that the Clark doo enter and make true records , and safely to kéep the same , and all such Billes as be deliuered into that house .

He must on the first and third day , and whensoeuer he els wil , call the house by name , and record their defaults .

All billes to be brought and to be presented into that house : he must receiue and deliuer to the Clark.

He ought to cause and command the Clark to read the Billes brought in , plainly and sensibly , which doon : he must bréefly resite and repete th' effect and meaning therof .

Of the Billes brought in he hath choice , which and when they shal be red : vnlesse order by the whole house be taken in that behalf .

Euery Bil must haue thrée readings , and after the second reading : he must cause the Clark to ingrose the same , vnlesse the samr be reiected and dashed .

If any Bil or message be sent from the Lords , he ought to cause the messengers to bring the same vnto him , and he to receiue the same openly , and they béeing departed and gone : he ought to disclose and open the same to the house .

If when a Bil is red , diuers doo rise at one instant to speak to the same , and it cannot be discerned who rose first : then shall he appoint who shall speak , neuerthelesse euery one shall haue his course to speak if he list .

If any speak to a Bil and be out of the matter : he shall put him in remembrance and wil him to come to the matter .

If any Bil be red thrée times , and euery man haue spoken his minde : then shall he aske the house whether the Bil shall passe or not , saying thus , as many as wil haue this Bil passe in maner and forme as hath béen red : say yea , then the affirmatiue parte say yea , as many as wil not haue this Bil passe in maner and forme as haue béen red : say no. If vpon this question the whole house or the more parte , doo affirme and alowe the Bil : then the same is to be sent to the higher house to the Lords . But if the whole house or the more parte doo denye the Bil : then the same is dashed out and to be reiected , but if it be doutful vpon giuing of voices , whether side is the greater : than must a deuision be made of the house , and the affirmatiue parte must arise , & departe into the vtter rowme , which ( by the Sergeant ) is voided before hand of all persons that were there , and then the Speaker must assigne two or foure to number them first which sit within , & then the other which be without , as they doo come in , one by one , and as vpon the triall the Bil shal be alowed or disalowed by the greater uumber : so to be accepted as is before said .

If vpon this triall the number of either side be like : then the Speaker shall giue his voice and that onely in this point , for other wise he hath no voice .

Also if any of the house doo misbehaue him self , and breke the order of the house : he hath to reforme , correct , and punish him , but yet with the aduise of the house .

If any forrain person doo enter into that house , the assembly therof béeing sitting , or doo by arresting any one person thereof , or by any other meanes breke the liberties and priueledges of that house : he ought to sée him to be be punished .

Also during the time of the Parlement : he ought to sequester him self , from dealing or intermedling in any publique or priuate affaires , and dedicate and bend him self wholly to serue his office and function .

Also he ought not to resorte to any noble man , counceller or other person to deal in any of the Parlement matters : but must and ought to haue with him a compitent number of some of that house , who may be witnesses of his dooings .

Also during the time of Parlement : he ought to haue the Sergeant of Armes with his mace to go before him .

Also he hath the libertie to send any offender , either to Sergeants warde , or to the Tower , or to any other prison at his choice , according to the qualitie and quantitie of the offence .

He hath allowance for his diet , one hundred pounds of the King for euery Sessions of Parlement .

Also he hath for euery priuate Bil passed bothe houses and enacted : fiue pounds .

At th' end , and on the last day of the Parlement : he maketh his oration before the King , in moste humble maner declaring the dutiful seruice , and obedience of the Commons then assembled to his Maiestie : as also moste humblye praying his pardon if any thing haue béen doon amisse .

Of the Clark of the lower house .

THere is onely one Clark belonging to this house , his office is to sit next before the Speaker , at a Table vpon which he writeth and layeth his books .

He must make true entrie of the recordes and Billes of the house , as also of all the orders therof .

The Billes appointed vnto him by the Speaker to be red : hée must read openly , plainly and sensibly .

The Billes which are to be ingrossed , he must doo it .

If any of the house aske the sight of any Bil there , or of the book of the orders of the house : he hath to deliuer the same vnto him .

If any desire to haue the copy of any Bil : he ought to giue it him , receiuing for his paines after ten lines a peny .

He may not be absent at any time of sitting , without speciall licence .

He ought to haue for euery priuate Bil passed and enacted : forty shillings .

He hath allowed vnto him for his charges ( of the King ) for euery Sessions : ten pound .

Of the Sergeant or porter of the lower house .

THe Sergeant of this house is commonly one of the Kings Sergeants at Armes , and is appointed to this office by the King . His office is to kéep the doores of the house , and for the same : he hath others vnder him , for he him self kéepeth the door of the inner house , wher the commons sit , and séeth the same to be clene .

Also he may not suffer any to enter into this house during the time of the sitting there , vnlesse he be one of the house , or be sent from the King or the Lords , or otherwise licenced to come in .

If any such person doo come : he ought to bring him in , going before him with his Mace vpon his shoulder .

If any be commited to his warde : he ought to take charge of him , and to kéep him in safetie vntil he be required for him .

If he be sent for any person or to go in any message : hée must leaue a substitute behinde him , to doo his Office in his absence .

He must alwaies attend the Speaker , and go before him , carying his mare vpon his shoulder .

His allowance ( during the time of the Parlement ) is xij . d. the day of the Kings charges .

Also he hath of euery Knight and Citizen : ij . shillings and vj. pence , and of euery Burgesse , ij . shillings .

If any be commaunded to his warde : he hath of euery such Prisoner , by the day .vj. shillings and .viij. pence .

If any priuate Bil doo passe and be enacted : he hath for euery such Bil .xx. shillings .

Of the Conuocacion house .

THe conuocation house , is the assemblie of the whole Clergie at and in some peculier place apointed for the purpose .

But as the Barons and Lords of the Parlement haue their house seuerall and distinct from the Commons : euen so the Archibishops and Bishops doo sequester them selues and haue a house seuerall from the residue of the Clergie . And this their house is called the higher Conuocation house , the other béeing named the lower Conuocation house . Bothe these houses haue their seuerall Officers , orders and vsages , & eche Officer hath his peculier charge and function , as also certain allowances , euen as is vsed in the Parlement houses of the Lords and commons .

The Archbishops and Bishops doo sit all at a Table and doo discourse all such causes and matters as are brought in question before them , either of their owne motions : or from the higher Court of Parlement , or from the lower house of Conuocation , or from any priuate person . Euery Archbishop and Bishop sitteth and taketh place according to his estate and degrée , which degrées are knowen by such degrées and offices in the Church : as to euery of them is assigned , for one hath the personage of a Preest , an other of a Deacon , this is a Subdeacon , he is a Sex , ten and so foorth , as such officers were wunt to be in the Church .

The Bishops doo not sit at the fore noon , but onely at the after noon , because they béeing Barons of the higher house of parlement : doo resorte and assemble them selues there at the forenoones with the Temporall Lords .

The Conuocacion house of the rest of the Clergie : doo obserue in a maner the like orders as the lower house of the commons doo vse , for béeing assembled togither on the first day with the Bishops : are by them willed to make choice of a Speaker for them , whome they call the Proloquutor , when they haue chosen him : they doo present him vnto the Bishops , and he thus presented : maketh his oration , and dooth all things as the Speaker of the lower house for the Commons dooth , as wel for the ordering of the Clergie and of the house , for his order in sitting , the order in speaking , the order of recording the things doon emong them , and all other such like things .

And this is to be vnderstanded , that the whole Clergie can deale and intreat but onely of matters of Religion , and orders of the Church , whiche their dooings & conclusions cannot binde the whole Realme : vnlesse they be confirmed by Act of Parlement , but yet sufficient to binde the whole Clergie to the kéeping therof , so that the King ( who is the supreme gouernour of bothe estates ) doo consent and confirme the same . And forasmuch as by knowing the orders of the Parlement house : you may also knowe the orders of bothe the Conuocation houses , which are like and correspondent to the others . These shall suffise for this matter .

Of extraordinary persons which ought to be summoned to the Parlement .

BEsides the personages of the former degrées which ought to be summoned to the parlement : the King also must warne and summon all his councellers bothe of th' one Law and of th' other and those haue their places onely in the higher house , namely the two chéef Iustices and their associates , of the Kings bench , and the common places , the Barons of the Eschequer , the Sergeants , the Attorney , the Soliciter , the Maister of the Rolles , and his fellowes of the Chauncerye .

The offices of these personages are to giue councel to the King and Parlement in euery doutful cause according to the Lawes .

Also if any Bil be conceiued and made disorderly : they ought to amend and reforme the same , vpon order and commaundemet to them giuen .

Also they must attend to come and go at the commaundement of the King and Parlement .

Also they may not speak nor giue aduise : but when they be asked and put to question .

Also they haue no voice in Parlement : because they are commonly councellers to the same .

They are all retained at the Kings charges .

Likewise all officers of the Parlement are to be summoned , as namely the Chaunceller of the Parlement , the Clarks , the Sergeants , the Porters and such others , who likewise are retained at the Kings costs . Of their offices and charges , it is alredy perticulerly declared .

Of the dayes and houres to sit in Parlement .

ALl dayes of the wéek are appointed sauing and excepted the Sundayes and all principall feastes , as namely the feasts of All hallown day , Christmas , Easter , Whitsontide , and Saint Iohn the Baptistꝭ day , & also such other dayes as the Parlement by concent shall appoynt and assigne .

The beginning is at eight of the clock in the morning , and dooth continew vntil .xi. of the clock .

They doo not sit at after noones , for those times are reserued for Committies and the Conuocation house .

In the morning : they begin with the Common prayer , and Letanye which are openly red in the house .

Of the King , his office and authoritie .

HAuing declared of all the estates , degrées , and personages of the Parlement : it resteth now to speak also of the King and of his office , who is all in all , the beginning and the ending and vpon whome resteth and dependeth the effect and substaunce of the whole Parlement , for without him and his authoritie : nothing can be doon , and with it : all things take effect , neuerthelesse when he calleth and assembleth his Parlement : there are sundrye orders whiche of him are to be obserued , and which he ought to sée to be kept and executed , or els the Parlement surcesseth to be a Parlement and taketh not his effect , of whiche orders : these be the chéef which doo insue .

First : the King ought to send out his summons to all the estates of his Realme , of a Parlement assigning & appointing the time , day and piace .

Also his summons must be at the least forty dyaes before the beginning of his Parlement .

Also he must appoint and prouide all such officers as ought to attend the Parlement , who must be found at his charges .

Also the King ought not to make any choice , or cause any choice to be made of any Knight , Citizens , Burgesses , Proctors of the Clergie , Speaker of the common house , or Proloquutor of the Conuocation house : but they must be elected and chosen by the lawes , orders and customs of the Realme , as they were wunt and ought to be , and the Kings good aduise yet not to be contemned .

Also the king ought to graunt , permit , and allow to all and euery of the estates and to euery perticuler man , lawfully elected and come to the Parlement all and euery the auncient fréedoms , priuiledges , immunitie , and customes during the Parlement : as also during the times and dayes comming and going to and from the Parlement , but yet the same humbly to be requested of his highnes by the Speaker in his oration at the beginning of the Parlement .

Also the King in person ought to be present in the Parlement thrée daies at the least during the time of the Parlement , that is to say , the first day when the whole estates according to the summons make their apparance , whiche is called the first day of the Parlement . On the second day when the Speaker of the common house is presented , which is counted the beginning of the Parlement . And the third day which is the last day when the Parlement is proroged or dissolued , for vpon these dayes : he must be present , vnlesse in cace of sicknes , or absence out of the Realme , for in these caces : the King may summon his Parlement by commission , and the same is of as good effect , as if he were present in person , and as for any other dayes : he is at his choice and libertie to come , or not to come to the Parlement .

Also the King ought to propone vnto the Parlement house in writing all such things and matters of charge , as for whiche he calleth the said Parlement , and accordingly as the same shal then by the consent of all estates be aduised , concluded and agréed , so the King either hath to allow or disalowe the same , for he can ( of him self ) neither adde nor deminish any Bil , but accept the same as it is presented vnto him from the estates of the Parlement , or els altogither reiect it .

Also the King as he dooth prefixe and assigne the day , and time when the Parlement shall begin : so also he must assigne and appoint the time when the same shal be proroged or dissolued , whiche ought not to be as long as any matters of charge , weight or importaunce be in question , and the same not decided nor determined .

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

THe Parlement is the hiest , chéefest , and greatest Court that is or can be within the Realme for it consisteth of the whole Realme , whiche is deuided into thrée estates , that is to wit , the King , the Nobles , and the Commons , euery of which estates are subiect to all suche orders as are concluded and established in Parlement .

These thrée estates may ioyntly and with one consent or agréement : establish and enact any Laws , orders , & Statutes for the common welth , but béeing deuided , and one swaruing from the other : they can do no thing , for the King though hée be the head , yet alone : cannot make any Law , nor yet the king and his Lords onely , nor yet the King and his Commons alone , neither yet can the Lords and the Commons , without the King doo anything of auail . And yet neuerthelesse if the King in due order haue summoned all his Lords and Barons , and they wil not come , or if they come they wil not yet appéer , or if they come and appéer , yet wil not doo or yéeld to any thing : then the King with the concent of his Commons ( who are represented by the Knights Citizens and Burgesses ) may ordain & establish any Act or Law , which ar as good , sufficent and effectuall : as if the Lords had giuen their consents .

But of the contrary , if the Commons be summoned , and wil not come , or comming wil not appéer , or appéering wil not consent to doo any thing , aledging some iust weightie and great cause . The King ( in these caces ) cannot with his Lords deuise , make , or establish any Law , the reasons are these , when Parlements were first begon and ordained : there were no Prelats or Barons of the Parlement , and the Temporall Lords were very few or none , and then the King and his Commons did make a ful Parlement , which authoritie was hetherto neuer abridged , again euery Baron in Parlement dooth represent but his owne person , & speaketh in the behalf of him self alone .

But in the Knights , Citizens , and Burgesses : are represented the Commons of the whole Realme , and euery of these giueth not consent onely for himself : but for all those also for whom he is sent . And the King with the consent of his Commons : had euer a sufficient and ful authoritie to make , ordain , & establish good & wholesome Lawes for the common welth of his Realme , wherfore the Lords béeing lawfully summoned & yet refusing to come , sit or consent in Parlement : cannot by their folly abridge the King and the Commons of their lawful proceding in Parlement .

The Lords and Commons ( in times past ) did sit all in one house , but for the aduoiding of confusion : they be now deuided into twoo seuerall houses , and yet neuertheles they are of like and equall authoritie , euery person of either of the said houses béeing named , reputed , & counted a péer of the Realme , for the time of the Parlement , that is to say , equall , for Par , is equall . And therfore the oppinion , censure and iudgement of a mean Burgesse : is of as great auail : as is the best Lords , no regarde béeing had to the partie who speaketh : but the matter that is spoken .

They be also called Péeres as it were Fathers for Pier , is a Father , by which is ment that all such as be of the Parlement : should be auncient , graue , wise , learned and expert men of the land , for such were the Senators of Roome , and called Patres conscripti for the wisdome and care that was in them in gouerning of the common welth . They are also called Councellers , because they are assembled and called to the Parlement , for their aduise and good councel in making and deuising of suche good orders and Lawes as may be for the common welth .

They , therfore which make choice of Knights , Citizens and Burgesses , ought to be wel aduised that they doo elect and choose such as béeing to be of that assemblye , and therby equall with the great estates : should be graue , auncient , wise , learned , expert & careful men for their commonwelth , and who ( as faithful and trusty councellers ) should doo that whiche should turn and be for the best commoditie of the common welth , otherwise they doo great iniury to their Prince and common weale .

Also euery person of the Parlement during the times of the Parlement , and at his comming and going 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 commenced against him , in what Court so euer the same be , except in causes of Treason , Murder and Fellony , and except also executions in Law , awarded and graunted before the beginning of the Parlement .

Also euery person hauing voices in Parlement : hath frée libertie of speach to speak his minde , oppinion and iudgement to any matter proponed , or of him self to propone any matter for the commoditie of the Prince and of the common welth , but hauing once spoken to any Bil : he may speak no more for that time .

Also euery person once elected and chosen a knight , Citizen or Burgesse & returned : cannot be dismissed out of that house , but béeing admitted : shall haue his place and voice there , if he be a Lay man . But if by errour a man of the Clergie be chosen : then he ought and shal be dismissed , also if he be excomunicated , outlawed or infamose .

Also euery one of these houses ought to be incorrupt no briber nor taker of any rewards , gifts , or money , either for deuising of any bil or for speaking of his minde : but to doo all thingꝭ vprightly , and in such sorte , as best for the King and common welth .

Also euery one ought to be of a quiet , honest , and gentle , behauiour , none taunting , checking or misusing an other in any vnséemly woords or déds , but all affections set a parte to doo and indeuer in wisdome , sobrietie & knowledge , that which that place requireth .

Also if any one doo offend or misbehaue himself : he is to be corrected and punished by the aduise and order of the residue of the house .

Also all the Prisons , wardes , gailes within the Realme and the kéepers of the same : are at the commaundement of the Parlement for the custodie and safe kéeping or punishment of all and euery such Prisoners as shal be sent to any of them by the said Palrement houses or any of them , how be it moste commonly the Tower of London is the prison which is moste vsed .

Also if any one of the Parlement house be serued , sued , arrested or attached by any writ , attachment or minister of the Kings bench , Common place , Chauncery , or what Court soeuer within this Realme : the partie so troubled and making complaint therof to the Parlement house : then foorth with a Sergeant at Armes , is sent to the said Court , not onely aduertising , that the partie so molested is one of the Parlement house : but also inhibiting and commaunding the Officers of the said Court to call in the said processe , and not to deale any further against the said partie , for the Parlement béeing the hiest court , all other Courts yéeld and giue place to the same .

Also as euery one of the Parlement house is frée for his owne person , for all maner of sutes to be commenced against him : so are also his Seruants frée , and not to be troubled nor molested , but beeing troubled : haue the like remedie as the Maister hath or may haue .

Also no manner of person béeing not one of the Parlement house : ought to enter or come within the house , as long as the sitting is there : vpon pain of imprisonment or suche other punishment ; as by the house shal be ordred and adiudged .

Also euery person of the Parlement ought to kéep secret and not to disclose the secrets and things spoken and doon in the Parlement house , to any manner of person vnlesse he be one of the same house : vpon pain to be sequestred out of the house , or otherwise punished , as by the order of the house shal be appointed .

Also none of the Parlement house ought to departe from the Parlement : without speciall leaue obteyned of the Speaker of the house , and the same his licence be also recorded .

Also no person béeing not of the Parlement house : ought to come into the same , during the time of the sitting , so euery 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 higher house : he ought to doo his obeysaunce before the cloth of estate , and so to take his place .

Also when he speaketh : he must stand bare headed , and speake his minde plainly , sensibly , and in decent order .

If any come in message or be sent for to the higher house : they must stay at the inner door vntil they be called in , & then béeing entred : must first make their obeysaunce , which doon : to go to the lower end of the house & their to stay vntil they be called , and béeing called : they must first make one lowe courtesie and obeisaunce , and gooing forwards must in the middle way make one other lowe curtesie , and then béeing come foorth to the Barre : must make the third curtesie , the like must be doon at the departure .

Also when any Knight , Citizen , or Burgesse dooth enter and come into the lower house , he must make his dutiful and humble obeysaunce at his entry in : and then take his place . And you shal vnderstand that as euery such person ought to be graue , wise and expert : so ought he to show him self in his Apparail , for in times past : none of the councellers of the Parlement came otherwise then in his gown , and not armed nor girded with weapon , for the Parlement house is a place for wise , graue and good men , to consult , debate , and aduise how to make Lawes , and orders for the common welth , and not to be armed as men redy to fight , or to trye matters by the Swoord : and albe it the writ for the election of the Knights , haue expresse woords to choose such for Knights as be girded with the Swoord , yet it is not ment therby that they should come and sit armed : but bee such as be skilful in feates of Armes , and besides their good aduises : can wel serue in martiall affaires . And thus the Romain Senators vsed , who béeing men of great knowledge and experience as wel in martiall affaires , as in politique causes , sat allwaies in the Senate house , and places of councel in their Gownes and long Robes . The like also was alwaies and hath been the order in the Parlements of this Realme , as long as the auncient Lawes , the olde customes , and good orders therof were kept and obserued .

Also if any other person or persons either in message or béeing sent for , doo come : he ought to be brought in by the Sergeant & at the first entring : must ( folowing the Sergeant ) make one lowe obeysaunce , and beeing past in the middle way : must make one other , and when he is come before the Speaker : he must make the third , and then doo his message , the like order he must kéep in his return . But if he doo come alone or with his learned councel , to pleade any matter , or to answere to any obiection : he shall enter and go no farther then to the Bar within the door , and there to doo his thrée obeysaunces .

Also when any Bil is committed , the Committes haue not authoritie to conclude : but onely to order , reforme , examin , and amend the thing committed vnto them , and of their dooings they must giue reporte to the house again , by whome the Bill is to be considered .

Also euery Bil whiche is brought into the house : must bée red thrée seuerall times , and vpon thrée seuerall dayes .

Also euery Bil which vpon any reading is committed and returned again : ought to haue his thrée readings vnlesse the Committes haue not altred the bil in any substaunce or forme , but onely in certain woords .

Also when any Bil vpon any reading is altogither by one concent reiected , or by voices after the third reading ouerthrown : it ought not to be brought any more to be red during the Sessions of Parlement .

Also if any man doo speak vnto a Bill and be out of his matter : he ought to be put in remembraunce of the matter by the Speaker onely and by none other , and be willed to come to the matter .

Also whensoeuer any person dooth speak to any Bill : hée ought to stand vp , and to be bare headed , and then with all reuerence , grauitte , and séemly spéech , to declare his minde . But when so euer any Bil shal be tryed either for allowances , or to be reiected : then euery one ought to sit , because he is then as a Iudge .

Also euery Knight , Citizen , and Burgesse before he doo enter into the Parlement and take his place there : ought to bée sworne and to take his othe , acknowledging the King to be the supreme and onely gouernour of all the estates within his Realme as also to renounce all forrain Potentates .

The order of the beginning and ending of the Parlement .

ON the first day of the summons for the Parlement , the King in proper person ( vnlesse he bée sick or absent out of the Realme ) béeing apparailled in his royall and Parlement Robes : ought to be conducted & brought by all his Barons of the Clergie and Laitie , and the Commons summoned to the Parlement , vnto the Churrh , where ought a Sermon to be made by some Archbishop , Bishop or some other famouse learned man . The Sermon ended : he must in like order be brought to the higher house of Parlement , and there to take his seat vnder the cloth of estate , likewise euery Lord and Baron ( in his degree ) ought to take his place .

This doon : the Lord Chaunceller or he whom the King appointeth to be the speaker of that house , maketh his oration to the whole assembly , declaring the causes why & wherfore that Parlement is called and summoned , exhorting and perswading euery man to doo his best indeuor in all such matters as shal be in the said Parlement proponed as shal be moste expedient for the glory of God , the honor of the King , and the common welth of the whole Realme . Then he directeth his talke , vnto the Knights , Citizens , and Burgesses , aduertising them that the Kings pleasure is , that they doo repair to their house , and there according to the olde and auncient custome : to choose and elect some one wise , graue , and learned man emong them selues to be Speaker for them , and giueth them a day when they shall present him to the King . And these things thus doon : the King ariseth , and euery man departeth . This is accounted for the first day of the Parlement .

THe second or third day after , when the Speaker is to be presented : the King with all his Nobles ( in like order as before ) doo assemble again in the higher house , and then come vp all the commons of the lower house , and then and there doo present their Speaker vnto the King . The Speaker foorthwith maketh his dutiful obeysaunces : beginneth and maketh his oration before the King , and prosequuteth such matters as occasion serueth , and as is before resited in the office of the Speaker , and this doon : euery man departeth . And this is accounted for the beginning of the Parlement , for before the Speaker be presented , and these things orderly doon : there can no Billes be put in , nor matters be entreated of .

LAstly when all matters of weight be discussed , ended and dermined : the King commaundeth an end to be made .

And that day the King , his Nobles and Commons doo again assemble in the higher house , in their Robes , and in like order as is before recited , where the Speaker maketh his oration , and is answered by the Lord Chaunceller or Speaker of the higher house . Then all the Billes concluded and past in bothe houses , that is to say , in the higher house of the Lords , and in the lower house of the commons , are there red by the titles , and then the King giueth his concent or discent to euery of them as he thinketh good . And when the titles of all the the Billes are red : the Lord Chaunceller , or Lord Speaker by the Kings commaundement , pronounceth the Parlement to bee proroged or cleane dissolued . And this is called the last day or the end of the Parlement , and euery man is at libertie to departe homewards .

The names of all such personages as ought to appeer and be in the Parlement . In the higher house . ¶ The King. The Lord Speaker . A Proctor for the kingdome of Fraunce . A Proctor for Scotland . A Proctor for the Duchie of Aquitane . A Proctor for the Duchie of Guyen . A Proctor for the Duchie of Angewe . The Archbishop of Canterbury The Archbishop of York . The Bishop of London . The Bishop of Durham . The Bishop of Winchester . The Bishop of Chichester . The Bishop of Exeter . The Bishop of Elye , The Bishop of Couentrie . The Bishop of Rochester . The Bishop of Sarisbury . The Bishop of Welles . The Bishop of Norwich . The Bishop of Lincolne . The Bishop of Worcester . The Bishop of Herford . The Bishop of Oxford . The Bishop of Glocester . The Bishop of Peterborough . The Bishop of Bristowe . The Bishop of Westchester . The Bishop of Carliel . The Bishop of Saint Dauid . The Bishop of Saint Asse . The Bishop of Bangor . The Bishop of Landaffe . The Duke of Norfolke . The Marques of Northampton The Marques of Winchester . The Earle of Arundel . The Earle of Shrewsbury . The Earle of Oxford . The Earle of Darby . The Earle of Rutland . The Earle of Cumberland . The Earle of Worcester . The Earle of Bathe . The Earle of Warwick . The Earle of Lecester . The Earle of Susser . The Earle of Huntington . The Earle of Penbrook . The Earle of Harford . The Earle of Sowthampton . The Earle of Bedford . The Vicecount Montagew . The Vicecount Hereford . The Vicecount Bindon . The Lord Sowch . The Lord be la ware . The Lord Aburgaueny . The Lord Awdeley . The Lord Barkley . The Lord Morley . The Lord Cobham . The Lord Dakers of the South . the Lord Dakers of Gudeslond . The Lord Gray . The Lord Scroope . The Lord Latimer . The Lord Sturton . The Lord Clinton . The Lord Dudley Baron of Dudley . The Lord Lomeley . The Lord Mountioy . The Lord Conyes . The Lord Mountegle . The Lord Winsor . The Lord Wentworth . The Lord Sandes . The Lord Vaus . The Lord Mordant . The Lord Borough . The Lord Bray . the Lord Wharton . The Lord Rich. the Lord Crumwel . The Lord Euere . the Lord Stafford . The Lord Darcy of Menel . the Lord Willoughby . The Lord Paget . The Lord Darcy of Chiche . the Lord Chandoys . The Lord of Loughborough . the Lord S. Iohn of Blastowe . The Lord Buckhurst . the Lord Hunsdon . The Lord of Effingham . the two chéef Iustices . The Barons of Th' eschequer . the Kings Attorney . The Kings Sergeants at Law. the Kings Sollicitor . The Kings learned Counsel .

Likewise euery such person whome the King endoweth and honoreth with the degrée and estate of a Baron ought to be summoned to the Parlement and to haue place there emong the Barons according to his degrée .

And yet neuerthelesse the Sonne of a Duke , of a Marquesse , or of an Earle , though he bée a Baron ( his Father yet liuing ) he shall not haue a place in the Parlement : except he be otherwise honored either by the King or bée aduaunced by meanes of some Mariage to the degrée of a Baron .

In the lower house . ¶ The Countie of Bukingham . ij . Knights . The Countie of Midlesex . ij . Knights . the Countie of Bedford ij . Knights . The Countie of Cornewail . ij . Knights . the Countie of Cumberland ij . Knights . The countie of Cambridge ij . Knights . the Countie of Chester ij . Knights . The countie of Darby ij . Knights . the Countie of Deuon ij . Knights . The countie of Dorset ij . Knights . the Countie of Essex ij . knights . The countie of York ij . Knights . the Countie of Glocester ij . Knights . The countie of Huntington . ij . Knights . the Countie of Hertford ij . Knights . The countie of Hereford ij . Knights . the Countie of Kent ij . knights . The countie of Lincolne ij . knights . the Countie of Lecester ij . knights . The countie of Lancaster ij . knights . the Countie of Monmouth ij . knights . The Countie of Northampton ij . knights . the Countie of Notingham ij . knights . The countie of Norfolke ij . knights . the Countie of Northumberland ij . knights . The countie of Oxford ij . knights . the Countie of Rutland ij . knights . The countie of Berkshere ij . knights . the Countie of Surrey ij . knights . The countie of Stafford ij . knights . the Countie of Shropshéer ij . knights . The countie of Sowthampton ij . knights . the Countie of Suffolke ij . knights . The countie of Somerset ij . knights . The countie of Sussex ij . knights . the Countie of Westmerland ij . knights . The countie of Wiltshéer ij . knights . the Countie of Worcester ij . knights . The countie of Warwick ij . knights . the Countie of Mongomerie j. Knights . The countie of Radnor j. Knight . the Countie of Dinghby j. Knight . The countie of Pembrook j. Knight . the Countie of Cardigan j. Knight . The countie of Mayoth j. Knight . the Countie of Carmarthan j. Knight . The countie of Carnaruan j. Knight . the Countie of Brecknock j. Knight . The countie of Glamorgan j. Knight . the Countie of Anglesey j. Knight . The countie of Merioneth j. Knight . ¶ The Cittie of Earlile ij . Citizens . The Cittie of Chester . ij . Citizens . the Cittie of Excester ij . Citizens . The Cittie of York . ij . Citizens the Cittie of Glocester ij . Citizens . The Cittie of Hereford ij . Citizens . the Cittie of Canterbury ij . citizens . The Cittie of Rochester ij . citizens . the Cittie of Lincolne ij . citizens . The Cittie of Westminster ij . citizens . the Cittie of London ij . Citizens . The Cittie of Norwich ij . citizens . the Cittie of Oxford . ij . citizens . The Cittie of Winchester ij . citizens . the Cittie of Bristow . ij . citizens . The Cittie of Bathe . ij . citizens . the Cittie of Chichester ij . Citizens . The Cittie of Salisbury ij . Citizens . the Cittie of Worcester ij . Citizens . The Cittie of Couentrie ij . Citizens . The Barons of the fiue Portes . ¶ Hastings . ij . Barons . Winchelsey ij . Barons . Rye . ij . Barons . Rumney . ij . Barons . Hyeth . ij . Barons . Douer . ij . Barons . Sandwich . ij . Barons . Burgesses . ¶ Bedford town . ij . Burgesses Buckingham town . ij . burgesses Wickham , ij . burgesses . Ailisbury , ij , burgesses . New Windsor , ij , burgesses . Reding , ij , burgesses . Wallingford , ij , burgesses . Abingdon , ij , burgesses . Launceston , ij , burgesses . Leskerd , ij , burgesses . Lestuthiel , ij , burgesses . Dunheuet , ij , burgesses . Truro , ij , burgesses . Bobmin , ij , burgesses . Helston . ij , burgesses . Saltashe , ̄ij , burgesses . Camelford , ij , burgesses . Portlowe , ij , burgesses . Grounpound , ij , burgesses . Perin , ij , burgesses . Tregonye , ij , burgesses . Tresenna , ij , burgesses . Saint Iyes , ij , burgesses . Saint Germins , ij , burgesses . Saint Michael , ij , burgesses . Foy , ij , burgesses . Saint Mawes , ij , burgesses . East Loo , ij , burgesses . Cambridge , ij , burgesses . Derby town , ij , burgesses . Totries , ij , burgesses . Plimmouth , ij , burgesses . Barstable , ij , burgesses . Plimpton , ij , burgesses . Tauistock , ij , burgesses . Dartmouth , ij , burgesses . Poole , ij , burgesses . Dorchester , ij , burgesses . Lime , ij , burgesses . Melcombe , ij , burgesses . Weymouth , ij , burgesses . Birtport , ij , burgesses . Shaftisbury , ij , burgesses . Warham , ij , burgesses . Colchester , ij , burgesses . Maldon , ij , burgesses . Kingston vpon Hul , ij , burgesses . Knaresborough , ij , burgesses . Scatborough , ij , burgesses . Ripton , ij , burgesses . Haydon , ij , burgesses . Boroughbridge , ij , burgesses . Tuske , ij , burgesses . Aldeborgh , ij , burgesses . Beuerley , ij , burgesses . Cicester , ij , burgesses . Huntington , ij , burgesses . Saint Alb●ns , ij , burgesses . Lempster , ij , burgesses . Maidstone , ij , burgesses . Boston , ij , burgesses . Grimesby , ij , burgesses . Stampford , ij , burgesses . Grantham , ij , burgesses . Lecester , ij , burgesses . Lancaster , ij , burgesses . Preston in Aldernes , ij , burg . Liuerpool , ij , burgesses . Newton , ij , burgesses . Wigan , ij , burgesses . Clithero , ij , burgesses . Monmouth , ij , burgesses . Northampton , ij , burgesses . Peterborough , ij , burgesses . Berkley , ij , burgesses . Higham ferry , ij , burgesses . Notingham , ij , burgesses . East Stratford , ij , burgesses . Lin. ij , burgesses . Yermouth , ij , burgesses . Thetford , ij , burgesses . Castle , ij , burgesses . New Castel vpon tine . ij , bur . Morepeth . ij , burgesses . Barwick . ij , burgesses . Woodstock , ij , burgesses . Banbury , ij , burgesses . Sowthwark . ij , burgesses . Blenchingly , ij , burgesses . Rigat . ij , burgesses . Gatt●n . ij , burgesses . Lichféeld . ij , burgesses . Stafford , ii , burgesses . New Castel vnder Line . ii , bur . Tamworth , ii , burgesses . Shrewisbury . ii , burgesses . Bridgenorth , ii , burgesses . Ludlow , ii , burgesses . Great wenlock , ii , burgesses . Sowthampton . ii , burgesses . Portesmouth . ii . burgesses . Peterfeeld . ii . burgesses . Stockbridge , ii . burgesses . Christes Church , ii . burgesses . Ipswich , ii . burgesses . Dunwich , ii . burgesses . Oteford , ii . burgesses . Aldborough , ii . burgesses . Sudbury , ii . burgesses . Ey . ii . burgesses . Welles . ii . burgesses . Taunton . ii . burgesses . Bridge water , ii . burgesses . Minhed , ii , burgesses . Horsham , ii . burgesses . Midhurst , ii . burgesses . Lewes , ii . burgesses . Shereham , ii . burgesses . Brember , ii . burgesses . Steyning , ii . burgesses . East Gréenstéed , ii . burgesses . Arundel , ii . burgesses . Apleby , ii . burgesses . Wilton , ii . burgesses . Hindon , ii . burgesses . Heytesbury , ii . burgesses . Westbury . ii . burgesses . Calue , ii . burgesses . Deuises , ii . burgesses . Chipenham , ii . burgesses . Malmesbury , ii . burgesses . Bodwin the great ii , burgesses . Ludgarsail , ii . burgesses . Olde Salisbury , ii . burgesses . W●tton basset , ii , burgesses . Marleborough , ii . burgesses . Wiche . ii . burgesses . Warwick , ii . burgesses . Mongomery . i , burgesse . Radnor , i , burgesse . Dinghby , i , burgesse . Pembrook , i , burgesse . Cardigan , i , burgesse . Flint , i , burgesse . Carmarthan . i , burgesse . Carnaruan , i , burgesse . Brecknock , i , burgesse . Cardiffe , i , burgesse . Bew moris , i , burgesse . Harford west , i , burgesse .

As the King ( by aduancing any man to the honor of a Baron ) dooth inlarge and augment the number of the Lords of the higher house : so dooth he also increace the number of the lower house , when he dooth make and erect any new Countie , or incorporate any Borough , or Town , so that in his letters Pattents hée dooth nominate them by the name of a Burgesse .

And therfore when so euer the King dooth call his high Court of Parlement : the writs of summons must be sent out for choosing of Knights , in the new Counties , and Burgesses in the new incorporated Boroughs or Townes , aswel as to the other olde and auncient Citties , and Townes , and euery of them shall ( upon such summons ) bée bound to appéer and haue the ful priuiledges belonging to a Knight or a Burgesse of the Parlement .

Post mortem vita

¶ THE DISCRIPtion of the Cittie of Excester , COLLECTED AND GAthered by Iohn Vowel alias Hooker , gentleman and Chamberlain of the same Cittie .

Floret virtus in aeternum

THE DISCRIPTION OF the Cittie of Excester , collected and gathered by Iohn Vowel alias Hooker , gentleman , and Chamberlain of the same Cittie .

EXcester or Exeter is a famouse and ancient Cittie , béeing the Metropole and Emporium of the west parts of England , scituated in the Prouince called Deuonia , which is Deuonshéer . Of the first foundation therof ( by reason of the sundry inuations of forrain and straunge nations , and of their hostilities and mortall warres , in burning and destroying this Cittie ) there remaineth no certain memoriall , neither emong the records of the said Cittie , nor yet in any other writer . But moste certain it is that it was first builded by the Brutes or Britons , for the names which they gaue vnto it : Brutus . are yet at these presents had in remembraunce , as wel emong the Cronographers of this Realme : as also emong the Cornish people , who sometimes were one with this Prouince , but are now in a Prouince of them selues and borderers to this , béeing the remanent of the blood of Brutus .

For when Cadwalader King of this land by reason of a great famin and Pestilence , Cadwalader . was inforced to forsake the same and flée into little Britain ( which now is vnder the dicion of the French King ) diuers and moste parte of his people fled also , some into Wales and some into Cornwall , wher euer sithence they and after them their posteritie haue remained and continued .

The olde Cronographers , Corinnia . serchers , and writers of antiquities , doo finde that this Cittie was called Corinia , and therof the Monastary of this Cittie was called Ecclesia Coriniensis : whiche name if it were first giuen as it should seem by Corineus , who after the ariuall of Brutus into this land , was made the first Duke of these two Prouinces of Deuon , and Cornwall , and who then after his owne name called it Corinia , but now Corinibia , wherof this Cittie euer hath béen and is the Metropolie and Emporium and alwaies parcel , sometimes of the kingdome , then of the Duchie , & after wardes of the Earledome , and now again the Duchie of Cornewall , out of all dout it is of no lesse antiquitie then the said names doo importe .

The Britons in their tung call it by sundry and diuers names . The first and eldest in remembraunce in their spéech is Cairpenhulgoyte , Cairpenhulgoit . that is to say , the prosperous chéef Town in the wood , as it dooth appéer by Geffery of Monmoth and Ponticus Virimus . It was also called Penhaltcayr , that is to say , Penhaltcair . the chéef Cittie or Town vpon the hil , as appéereth in the trauerse betwéen the Bishop , Dean , and Chapter of this Cittie , and the Mayor and comminaltie of the same : in a long sute concerning their liberties .

But the names which the Cornish people doo at these presents remember & retain are Pencayr , Pencayr . Cayrruthe , Cayrriske . Pencayr is to say the chéef Cittie . Cayrruth . Cayrruthe signifieth the red Cittie , Cayrriske . taking that name of the soyle of the ground whervpon it is situated , which is red . Cayrryske is the Cittie of Iske béeing so called , and taking his denomination of the Riuer whiche fléeteth by the said Cittie called in Brittish Iske . And of this name Houedon in his Cronicle maketh mention saying thus ,

Anno domini . 877. Excercitus danorum , ab warham nocte quadam federe dirupto ad Exancester diuerterunt quod brittannice dicitur Caerwiske . Ptolomeus the famose Astronomer , who was about the yéer of our Lord. 162. ( Coel béeing King of this land ) nameth the Cittie Isca and the Riuer Isaca . king Coil And Bale the sercher of antiquities , folowing the same opinion dooth also name the Cittie Isca and the in habitant or dweller therin Iscanus . Bale . But vnder correction and with reuerence be it said , a man may think that Ptolomeus béeing in Alexandria , and so farre distant from this Realme was happely misinformed : or els the Printer mistaken because it is moste likely that the Riuer should be called Isca according to the Brittish spéech in those dayes when it was called Isca , which name by transposing of two middle letters dooth yet remain , being now named Icla or Ecsa. But whatsoeuer Ptolomeus or Baleus censures and iudgements be heerin : it is moste certain , that the names which the Britons gaue were of longest continuance , and this Cittie called by their dominations by the space of xv . hundred yéeres vntil the comming of the Saxons , the Pictes , and Scots into this Realme , whiche was about the yéer of our Lord 450 , for they as they preuailed and conquered : did alwaies alter and chaunge the names of all places and Townes , accounting it a great parte of their glory and renown to giue new names of their owne deuice , or of their owne natiue Contries , for so write the Cronographers .

Picti , Scoti , Angli , Daci et Normandi , in hac insula rerum potiti , cuncta immutarunt , pro trophaeis habentes , Locis a se deuictis noua imponere nomina . Wherfore as of all other Citties and Townes ( few excepted ) so of this also they chaunged and altred the olde names and called it Muncketon , Muncketon . by which name it was so called by the space of thrée hundreth and od yéeres , vntil the time and comming of King Adlestane . For he about the yéer of our Lord. 932. Adlestane . beeing muche gréeued with the Rebellion of the Cornish people , because they refused and denyed to acknowledge him for their lawful King : did bend his power , and conducted his armie against them , and ( with force when he had subdewed them ) returned to this Cittie , and for a perpetuall memory to this common welth , whiles he soiorned him self therin : repaired and new builded the Cittie and the walles therof , whiche before with force and fire were vtterly destroyed . And then altred and chaunged the name therof calling it after the name of the Riuer Esseterra or Exeterra , Exeterra . that is to say Exeter . For so writeth Polidorus . Est Exonia vrbs Deuonie comitatus loco precelso ad occidentem versus posita abluiturque flumine Exi , a quo nomen habet .

Others ther be which name it Excestrum , Excestre , and thinketh it to be so called of the Riuer whiche is named Exestrum , for this write they Clarissima vrbum est Excestria , que ab amni Excestro , qui eandem preterfluit , est sic nuncupata .

I finde it also in an olde written Cronicle that it is named Exancestria or Exancestre , Exancestre . which name should séem to be so giuen , by the Sarons at their abode and béeing in this land , for commonly the names which they gaue to such Townes , Citties and Fortes as they either builded or reedified , did end in Cestre as Chestre , as Glocestre , Lecestre , Manchester , winchestre , worcestre , Oscestre , Colchestre , Cicestre , Ilcestre , Bicestre and this Cittie of Exancestre with others , for Cair in British , and Cestre in Saxony , is in English a Fort , Town or Castle .

This Cittie is walled round about , and so is thought was from the begininig . It is all togither foure square , but declineth towards a roundnes , and containeth in circuite or compasse xvj . hundred whole paces , after fiue foot to the pace , which accounting one thousand paces to a Mile : is a mile and halfe and some what more .

The scituation of it is very plesaunt and amenous , béeing set vpon a little hil emong many hilles , the Contrie round about béeing Mountanose and ful of hilles . It is pendent towards the Sowth and West partes after and in such sort , that be the Stréets neuer so foule or filthy : yet with a shower of rain they are clensed aad made swéet . And albeit commonly hilles are dry : yet nature is so beneficial to this hil that it is ful of springis , and by that menes euery parte of the Cittie is furnished with welles and Tyepittes , the commoditie wherof hath wel appéered in sundry times of necessitie , but especially in the late Commotion whiche was in the yéer of our Lord. 1549. for though then the enemy by spoiling of the Pipes , wherby water was conuayed to the fountains of the Cittie from certaine Springs distant not a Mile from the same , did abridge them of that water : yet moste comfortably did they inioy the welles and Tyepittes within the walles , whiche abundantly fléeted with waters to the satisfying of all the people therin .

There are also within this Cittie certain Fountains called Conduits , vnto which through certain canalis or Pipes of Lead , waters are conueyed from Springs rising out of certain places and féelds without this Cittie , and these waters are of moste price , the same by reason of the cariage béeing purified and made lighter then the waters springing within the Cittie , and by that menes more fit for the dressing of meates . Of these Fountains one béeing of great antiquitie , and of late réedifyed , standeth in the middle of the Cittie at the méeting of foure principall Stréets therof , and wherof it taketh his name , beeing called the Conduit at Quarterfoies of Carsoxe , and this serueth eche parte of the Cittie a like .

At the higher parte of this Cittie , is a very olde and auncient Castle called by the name of Rugemont , that is to say the red hil , taking that name of the red Earth whervpon it standeth . The Cite of it is eminent , and aboue bothe the Cittie and countrie adioyning , for they doo all lye as vnder the lée ther of . It hath a goodly prospect towards the Seas , for betwéen that and it is no hil at all , it is strongly diched round about , and was so builded ( as is thought ) by Iulius Caesar ▪ or rather by the Romains after him , Caesar. for they had their recourse to it for their defence and refuge many yéeres .

The same also was sometimes the Palaice of such Kings , as to whome the Kingdome of west Sex or west Saxons was alloted vnto . After that : it was the habitation of the Earles of Cornwall , and last of all to the Dukes of Exon , and of Cornwall , for to those estates : the signiory of this Cittie did appertain , the same béeing parcel sometimes of the Earledome , but now of the Duchie of Cornewall It. is now in meruelous ruin and decay , not easely by force to be gotten , were it réedified and inuironed .

At the lower end and parte of this Cittie , without the walles : fléeteth a goodly Riuer called in British Iske . Ptholomeus by misinformation calleth it Isaca , but the olde writers name it Esse , Exe , Exa or Excestrum , which names be yet retained .

It hath his spring or hed in a certain Moer or desert , distant from this Cittie néer about xxiiij . miles called Exemore : it floweth into the main Seas , but by the way is increced with sundry Riuers , Brookes and Lakes , namely : Creedy , Collome , and others , in it is great plenty of Salmon , Trout , Peal , dace , Pike , and other fresh water Fish , whiche are had in the lesse price for that the Seas béeing so néer : doo furnish the Cittie and the cuntrey abundantly with sundry kindes of Sea Fish moste delicate . The main Sea it self is not distant from the Cittie abooue eight miles out wherof commeth an Arme seruing for the Port of the same , which sometimes as appéereth by olde and auncient records : did flow vp to the walles of the Cittie , where bothe Shippes were wunt to be laden and vnladen , of all kinde of Merchandise at a proper place appointed for the same , which at this presents kéepeth his olde and ancient name , béeing callen the Watergate .

The decay therof happened in the yéer of our Lord. 1312. Courtney by one Hugh Courtney the third of that name , and Earle of Deuon who béeing offended and incenced against this Cittie , his wrathful humour could not be satisfied vnlesse he might impair the state of that common welth , and therfore séeing and vnderstanding emong other commodities , the vse of the Hauen to be one of the chéefest : did neuer quiet him self vntil he had destroyed the same . Wherfore in the yéer of our Lord. 1313. béeing the fifth yéer of the reign of King Edward the second , he enterprised his pretenced deuise and mischéef .

For where as the Lady Awmerle Countesse of Deuon his Ancestrix , had builded certain Weares vpon the Riuer of Exe , th' one within the mannor of Exminster , béeing in the west side of the Riuer and th' other within her manor of Topsham , béeing in the East side of the Riuer : leuing between the said twoo weres , a certain aparture or open roume of thirtye foot , through which all Botes , Shippes and Vessails without let might haue their vsuall passage and repassage , towards and from this Cittie . The said Earle to abridge & destroy this commoditie : did leuye & build a new Weare in the said open place , stopping , filing and quirting the same with trées , timber and Stones , in such sort that no vessail could passe or repasse .

After him Edward Courtney Earle of Deuon and Nephew to the said Hugh did not onely maintaine and continew the fact of his ancester and grandfather , by dayly repairing and defending the same : but also woorking an vtter destruction for any passage for Shippes thencefoorth to the Cittie , vnder pretence to buyld certain Milles , did erect and make two other weares , the one Sainct Iames ouerthwart the Riuer , and the other at Lamperford , by meanes wherof , not onely the Cittie susteined the whole losse of their hauen : but the whole Contrey adioyning , for which iniuryes vpon complaints made , writs and commissions of inquiry were sent out , & the said Earles for the same by verdict and presentment , at seuerall times found guilty , but such was his authoritie and power : that it auailed nothing .

Neuerthelesse the said Earle Hugh ( the water course vnto the Cittie thus destroyed ) buylded a place called a Key , for the charge and discharge of all Wares and Merchandise within that port , at a Town of his owne called Topsham , distant from the Cittie about thrée miles , from whence euer sithence all wares and Merchandises haue béen caryed and recaryed to and from the Cittie by Horse , Cart or Wain , though to the gain of the Earle and his Tenaunts : yet to the great trouble and hindraunce of this Cittie and Merchaunts therof . Neuerthelesse the port hath euermore , & yet dooth retain his olde and ancient name , béeing called the Port of this Cittie of Exon , and alwaies hath béen and presently is a tribute paid vnto the Cittie for all kindes of wares and Merchandise discharged within that Port , and called by the name of the pettie & town costome .

And albeit the water course thus destroyed , can hardely be restored to his olde pristinate & naturall estate , for that through long continuaunce the olde course cannot be discerned : yet now at length after many attempts and great expences , a water course and passage begun in the yéer . 1564. is recouered , and by sluces , Botes and vessailes of xx . tunnes tight are brought to the Citie , and there discharged at the olde and ancient place called the Water gate . Where is buylded a fair and a large Key or Wharf , as also an engine called a Crane fit for the purpose .

Within this Cittie were sometime but few parish Churches , but when that Innocencius tertius , in the yéere of our Lord. 1198. had established the Article of Transubstanciation adding the same to the Simbole , as appéereth in the Decretal , titulo de summa trinitate , canon , firmiter , them his next successor Honorius , Anno. 1218. did not onely confirme the same : but also decreed Reseruation , Candlelight and praying for the dead as appéereth Decret. titulo de celebratione missarum , canon , sane cum et sane cum creatura , by which meanes the number of Préests did not onely increace : but Churches also in all places began dayly to be buylded . And therfore in this Cittie in the yéer of our Lord , 1222. béeing the .vj. yéere of Henry the third , the parish Churches therin were limitted out and augmented to the number of xix . Churches within the Cittie and suburbes of the same . And moste certain it is , that in times past they were liuings competent and sufficient to maintain an Incumbent , but that kinde of Religion now auoyded & the Gospel preched : the liuelihods are so small as not sufficient to maintain a poore Clark or Scoller , which is the cause that so many of them dooly vacant without Incumbents .

Besides these parish Churches , Churche of Exon. there was also a Monastery sometime of Monkes of Saint Benets order , but sithence a Cathedrall Church béeing very fair and sumptuously buylded , with free Stones , and the Pillers of grey Marble , standing and scituated in the East parte of the Cittie , Ethelwolphus . which as some doo reporte that Etheldred the third Sonne of Echelwolphus should first found and buyld . Some think that King Edgar did it , trueth it is that bothe the said Kings buylded euery of them a house of Religious persons within this Cittie , Etheldred but the first was vtterly burnt and destroyed by the Danes : and th' other in processe of time vnited to the Monastery , Edgar . which now is a Cathedrall Church , which is moste certain and trew that King Athelstane the Sonne of King Edward the elder did bothe found and buyld it , as it dooth plainly appéer in the history of the said Church where it is written . Athelstanus subiugatis cornuquallen sibus reuersus est ad ciuitatem que antiquitus Muncketon vocabatur , nunc autem Exeter , ac ibi sedens Anno. 932. non tam lacerata eiusdem Ciuitatis maenia reparabat , quin et mansum quoddam dedit ad fundandum Monasterium pro monachis Deo et Sancto Petro famulantibus . This King besides his expences & charges in building of this Church ( which at the first was but small ) placed therin Munkes of S. Benettes order , prouided liuelehodes for them , and made vnto them a gouernor and Ruler called by the name of an Abbote , towards whose liuelihodes he gaue Morckshull and Treasurers Beare , which at these presents doo yet remain béeing annexed to the dignitie of the Tresurership . The Church thus begun : Kings , Princes , and noble men ( from time to time ) were gladly contributors to the absoluing and finishing of the same . For about lxxx . and od yéers after Adlestene . King Knoght called Cahutus or Canutus at the sugestion of one of his Dukes named Athelred , Canutus did confirme and graunt to Athelwolde ( then Abbot of the said Church ) & to his successors , many and sundry priuileges and liberties , vnder his Letters Patentes , dated the second yéer of his reign . Anno domini . 1019.

After him néer about xxx . yéeres King Edward the confessor remooued the Munkes vnto Westminster , S. Edward , and made this a Cathedrall Church , remoouing the Sea then at Crediton to this Cittie , making Leofricus Bishop therof , as appéereth by his letters Patents dated the viij yéer of his reign , Leofricus An. 1050. Howbeit the Munck of Bury and Polidorus & others , doo affirme and write that the setling of this Bishops seat in this Cittie , was in the xij . yéer of Wiliam the Conquerour , for thus they write . Habitum est Londini sub Lanfranco Antistitum et sacerdotum comitium , quo decretum est , quod aliquot sedes Episcopales , que in opidulis et pagis ante fuerant , in vrbibus et locis celeberrimis , collocarentur , quo factum est , vt Bathonia Lincolnia , Sarisburia , Exonia , Cestria et Cicestria vrbes , huiusmodi , nouis Episcoporum domiciliis sunt nobilitate . But the reuerence of these writers reserued , this cannot be so of this Church , the Charter therof witnesing the contrary , & declaring how that King Edward & Edith his wife did put Bishop Leofricus in possession of this Sea them selues .

Likewise William the Conquerour in the third yéer of his reign . Anno. 1069. did not onely confirme the former Charter , but also at the instance and sute of William wareweste then his Chaplain and after Bishop of the same Sea , did giue vnto it the segniory of Plimpton , Brampton and S. Stephens , in Exeter , which the said William béeing Bishop did distribute , giuing Plympton to the Channons there , Brampton was afterward annexed to the Deanry , but Saint Stephens with a Court Baron to the same , was alwaies reserued to the Bishop and his successors , wherby they are Barons and so Lords of the Parlement . It was also enlarged from time to time , with possessions , reuenewes , buildings , riches & priuileges , by Kings , Princes , Prelates , Bishops , and sundry others , as héerafter I shal particulerly touch & declare by Gods grace at large in a perticuler Book therof . And this one thing is to be noted , that albeit there were néer iiij . hundred yéeres distant from the foundation to the absoluing therof : yet is so vniformely and decently compact , as though it had béen buylded at one instant .

The Bishop is distinct from the Channons , bothe in house and reuenew , his liuelihods béeing no parcel of that which doth appertain to the Church and Channons . It was sometimes of great large reuenewes , but the more parte therof prodigally hath béen exhaunsed by a wastful Bishop .

The Bishop and Channons haue very fair houses which are situated about the Church and Cemitory , and are inclosed euery night , by shutting fast of certain gates , wherby they claime them selues to be exempted from the iurisdiction of the Cittie . In the middle therof : is a very fair Conduict or fountain , wher into waters by certain pipes are conueyd from certain places out of the Cittie , and the same from thence conueyed to the Bishops , and some of the Channons houses .

The Cittie it self is very populus , & was sometimes chéefly inhabited with Clothyers or Clothworkers of brode clothes , seruing much for the Spanish and South Countries , whiche were of such goodnes and substaunce : as that the names of them doo yet continew in these partyes , but now it is chéefly inhabited with Merchaunts , Kersey Clothyers & of all sortes of Artificers , emong whom the Merchants are the chéefest & the welthiest .

The gouernment of this Cittie was sometimes by foure Bayliffes called Prouostres , but shortly after the Conquest : there was ordred a Senate of xxxvj , and in these latter dayes of xxiiij . persons of the moste sober , graue and wisest Commoners and franchised men of the same , of which number one was and is yéerly chosen to be the chéefest gouernour for the yéer folowing and is called by the name of a Maior .

This Mayor associated with the foresaid foure Bayliffes , hath the discerning of and in all maner of actions betwixt partie and partie , & for which he kéepeth on euery Monday a Court in the Guilde hall of the said Cittie , but the Bayliffes hauing the like iurisdiction : doo according to their olde and ancient customes kéep the like Courts , beeing distinct from the Mayor at all dayes and times when them best liketh , which their Court : is called by the name of the Prouostres , Court , for Prouostres was their first names . Thus the Maior and Bayliffes bothe ioyntly and seuerally haue iurisdiction to discerne in causes betwéen partie and partie , but if the matter doo touch the Prince , the Crown , the common peace , or the state of the Cittie and the common welth of the same : then the same are decided and determined either by the Maior and Iustices , or by the Mayor and common Councel , or by the Maior him self , or by some other Officer or officers according to the nature or qualitie of the cause or matter . But because it requireth a large discourse to discribe the gouernment of the common welth of this Cittie , the charge of euery seuerall Officer , the diuersitie of officers , their seuerall iurisdictions , with a number of other things incident to their charges : I doo minde héerafter by Gods grace , at large to set the same foorth in such sort that all estates and degrées , and euery perticuler Officer and other person within that Cittie shall knowe his charge , Office and dutie , and what to euery of them appertaineth .

In the mean time : let it suffise that partely through good gouernment and partely of a ciuil inclination , the people of this Cittie as very obsequions and obedient to the Quéen and her lawes , and haue in great reuerence and awe , their gouernours and Magistrates for the time béeing . And this one thing is not so straunge as notable , that euen from the beginning , they haue from time to time béen careful for their common welth , & moste vigilant for the preseruation therof , which as in time of peace they did wel rule & gouerne : so also in the troublesome times and vnquiet estates they haue moste valiantly defended against the incurtions and assaultes of their enemyes , as by the sundrye Historyes it may appéer .

For Aruiragus , Aruiragus . King of this land minding to stay the Realme in his ancient libertyes : denyed to pay to the Romains the tribute which they demaunded , wherfore Claudius the Emperour sent Vespasian the Duke of the Romain Armye into this Realme , either to recouer the tribute or to subdue the land . This Vespasian is he who in the xxiiij . yéer after this did besiege and destroy Iherusalem , wherfore the Duke landing in Torbay which was then called Totonesium littus , came to this Cittie , layd siege to the same , with continuall assaults and batteryes for eyght dayes . Aruiragus the King béeing then in the East partes and hearing of this : gathereth his Armye and power , marcheth towards this Cittie and incountreth with the enemye . The Romain after long fight ( not able to preuail ) endeth the matter by composicion , and because this shall not séem to be a deuised and fained matter : I wil write the woords of foure sundry Historyes . The Cronicle of the Cathedrall Church of the said Cittie hath these woords Anno dom. 49.

Vespasianus , cum Romano exercitu ciuitatem nunc voca tam Exeter octo diebus obsedit : sed minime preualuit , Aruirago Rege Ciuibus auxilium prestante .

Gaulfride of Monmothe writeth thus . Vespasianus a Claudio missus est , vt Aruiragum vel pacificaret , vel Romanae subiectioni restitueret : cum igitur in portu in rutupi applicare Vespasianus cepisset : obuiauit ei Aruiragus , atque prohibuit ne portum ingrederetur retraxit itaque se vespasianus a portu illo , retortisque velis in littore Totnesio applicuit : nactus de inde tellurem Kayerpenhulgoite que nunc Exonia vocatur obsessurus eandem adiuit cumque diebus octo eam obsedisset , superuenit Aruiragus cum exercitu suo , preliumque commisit : die illa valde laceratus sunt vtrorumque exercitus : sed neuter est potitus victoria : mane autem facto , mediante Gen wissa Regina concordes effecti sunt . Mathew of Westminster writeth . Aruiragus Britannorum Rex in tantam prolapsus est superbiam quod Romanae potestati noluit diutius subiectione parere : Vespasianus igitur a Claudio missus , cum in rutupi portu applicare incepisset , Aruiragus illi obuians prohibuit ne ingrederetur : ac Vespasianus retortis velis in Totonesio littore applicuit : et ciuitatem que Biitannice Kayer penhuelgoite nunc autem Exonia appellatur obsedit : elapsis inde septem diebus Aruiragus superuenit , preliumque cum Romanis commisit et vtrorumque exercitu valde lacerato , mediante Genwissa Claudii filia , duces amici facti sunt .

In the History intituled , Noua Cronica de gestis Anglorum a Britonibus vsque ad Henricum sextum : in effect is written the like . Vespasianus a Claudio missus est vt Aruira gum pacisicare vel Romani ditioni restitueret , cui obuians Aruiragus prohibuit ne terram suam ingrederetur : timens Vespasianus armatorum cohortem retraxit seseretortisque velis in Totonesio littore est appulsus , atque vrbem Exone obsedit : post septem dies superuenit Aruiragus : prelium committitur , laceraturque vtrorumque exercitus , sed neuter potitur victoria : demum mediante Genuissa Regina reconciliati snnt .

It was also in many troubles and great perplexities in the vncertain and troublesome estates of this Realme , when some times the Romaines , sometimes the Picts , sometimes the Scottes & sometimes the Saxons made their incursions & warres vpon & in this land , by reason wherof the Records & memorialles of the states in those dayes were for the moste parte lost and consumed . And yet neuerthelesse Mathew of Westminster writeth the it was beséeged by Penda King of Mercia . Edwin . An. 632. in the time of Cadwallin one of the last Kings of the Britons . The history is Edwin the Saxon King of the Northumbers , hauing warres against Cadwalline or Cadwallo , did so preuail and had such conquests ouer him , Cadwalline , that he was fain and driuen to forsake his Realme of Wales and flée into Ireland : where Cadwallo béeing careful to recouer his land & cuntreye : repaired his Armye and gathered a new force , and often times did attempt to land there within his owne Contreye , but all was in vain , for Edwin was euer in redines and alwaies resisting him would not suffer him to land in any place .

For this Edwin had about him a certain man named Pellitus who was a Magitian & skilful in Nicromancie , and by his science and Art : did forshow & declare vnto Edwin what thingꝭ were dooing and attempted against him .

Cadwallo hauing such euil successe : was in vtter dispair to recouer or auail against Edwin , wherfore he sailed into Armorica now called Britain vnto the king therof named Salomon to whom he disclosed his miserable estate & fortune , as also complained much of Pellitus & of his Sorceryes . When these two Kings had consulted of the matter : it was at length concluded & thought best , that some wittie and bolde man should be sent ouer and giue the attempt to kil Pellitus , whervpon Brienus Nephew to king Cadwallo taketh vpon him to attempt this matter , & appareling him self in poor mans wéed : saileth ouer into England and traueleth vnto York where King Edwin lay & kept his Court . And there he ioyned and accompanyed himself emong the poor people , whose custome and maner was to lye about the Kings gates , at dinner and Supper times , awayting for the Almes after Dinner and Supper . Pellitus béeing the Kings Alomener and hauing the charge to distribute the almes : commeth foorth and setteth the poor people in order . Brienus by his béeing there : watcheth his time to woork his feat , and sudainly in the prese of the people , with his weapon which he had prepared for the purpose : thrusteth Pellitus into the body and killeth him , and foorth with ( the thing in such a throng not perceiued ) shifteth him self away priuely , and through woods , thickets , hilles and Dales , commeth to Exeter , where he discloseth and declareth vnto the Britons what he had doon , they glad and reioysing héerof , and hoping that now their King Cadwallo would return : doo prepare and make redy bothe them selues and the Cittie aswell for the resisting of their enemyes : as also for the receiuing and ayding of their King.

Penda hearing of this iniury doon to King Edwin his contreye man , and minding to reuenge the same : gathered a great armye of Saxons , marcheth vnto Exeter and beseegeth the same round about , minding the vtter subuertion of the Cittie , and nation , but the Citizens and Britons manfully withstanding his force : defended bothe them selues and their Cittie , vntil that king Cadwallo ( beeing héerof aduertised ) did with his force come ouer , who not onely reskewed & deliuered bothe his Cittie and contrey : but also ioyning battel with his enemyes gaue them the ouerthrowe .

3 It was also in great trouble in the time of King Allured or Alphred the fourth Sonne of Ethelwolphus , Alphred for Polidorus and others doo write that in the fifth yeer of the said Kingis reign : the Danes concluded a peace with the King , and gaue hostages for the kéeping therof , notwithstanding contrary to the same , moste perfideously they assembled them selues and with all haste marched towards this Cittie & perforce entred & took the same .

Daci etenim qui Religionem et fidem pre suo commodo postponendam ducebant Londino se mouentes maximusiti neribus Exoniam proficiscuntur : vrbemque per vim capiunt . but long they inioyed no rest there : for the winter passed , the King to be reuenged of their periurye : marched towards the said Cittie with his power , which the Danes vnderstanding , and not able to abide the vexation and trouble of the Citizens : would not abide the end , but fled some to Dartmouth , & there took shipping , who were in a tempest at the Seas for the moste parte drowned , some fled to Chipenham or as some write to Bristow , whom the king so hardly pursewed that he neuer gaue ouer vntil he had ouercome them , and slain their Captains , Hubbert and Hungar.

4 Likewise in the xix . yéer of the reign of the saidking , the Danes contrary to their faith , pledges and promises did again come to this Cittie and layd siege to the same . Danorum Excercitus Anno. 877. ab warham nocte quadam federe dirupto ad Exeancestre diuerterunt quod Britannici dicitur Cayerewise at audito Regis aduentu : ad puppes fugerunt , et in mare predantes manebant .

5 It was also besieged by the said Danes in the xix yéer . of king Elgered . Anno. 1001. For the Danes which were then in Normandye hearing of the good luck , successe and great spoiles their company in England had in euery place , and their téeth set on edge therwith : sudainly prepared their Shippes to sail & come ouer , and as it chaunced they landed vpon the costes of Deuon and foorthwith took their iourney and marched towards this cittie of Exon , thinking to haue found them napping , and to haue taken them vnwares and vpon a sudain . Sed Ciuibus viriliter resistentibus recesserunt , the inhabitants and people of Deuon , Somerset and Dorset hearing therof in all haste assembled themselues minding bothe to reskew the Cittie , as also to encounter and aduenture the feeld with the Danes . And méeting with them as they were comming from the siege of the Cittie : ioyned battail with them at a place called Pinho distant about iij , miles from the Cittie , where was a cruel fight and a great slaughter had between them . And thus dooth Houedon also testifie for saith he , Memoratus paganorum exercitus de Normannia in Angliam reuectus ostium fluuii Eaxe ingreditur et mox ad extinguendam vrbem Exancestre egreditur sed dum murum illius destruere moliretur ac ciuibus vrbem viriliter defendentibus repellitur : vnde nimis exasperatus more solito villas succendendo agros depopulando hominesque cedendo , per domnoniam vagatur : quare domnanienses in vnum congregati , in loco qui dicitur Pinho certamen cum eis ineunt .

King Sweno béeing in Denmark & aduertised héerof , Sweno . as also how King Eldred alias Etheldred or Egelred , had caused all the Danes in the Realme sudainly in one night to be slain , béeing much gréeued ther with : did prouide & prepare an armye for the reuenge therof , and in the yeer . 1002. landing into diuers partes of this Realme did moste cruelly spoil the land , sley the people and bring the whole estate to an vnspeakable miserye . But at length ( receiuing a tribute for peace ) returned home again into his owne contrey , howbeit the Citizens of Exon hearing of this crueltie vsed in the East partes : made them selues strong and prepared the Cittie in redynes to withstand the force of such an enemye , if happely he should attempt hostilite and force against them . But the Dane béeing returned home and knowing nothing of this preparation : one Hugh then Earle of Deuon , ( as Princes lack no fawners ) sent his letters into Denmark to King Sweno , certifying him bothe of the state & welth of this Cittie , and of the great preparation made therin to withstand him , perswading him not to sustain such a matter , and as Coles wil be soon enkendled : so foorthwith the Dane was in his heat , and prepared all thinges in a redynes to woork his wil against this Cittie .

Wherfore the yéer folowing béeing the yéer of our Lord. 1003. he landed vpon the costs of Deuon and Cornwall , with a huge hoste and marching towards this Citie gaue and laid siege to the same in the beginning of August and continued vntil the xiiij . of the Kalendes of September , during which time , though the assaultes were often ferce and cruel : yet there wanted no stomack in the Citizens to withstand the same . But in continuance of time when they sawe them selues weke , Victualles to fail , the fire round about them , their walles beaten down , them selues dayly slaughtered and murthered , and with this their decay , the enemye to be the stronger , and yet in all their distresse their king Eldred fled into Normandye hauing no care for their miseryes , nor preparing reskewes , for their ayd and succour : it was no maruail though in so heauye a case they were amased and astonied , & yet consulting & considering with them selues that Sweno was a Dane , a cruel enemie , a bloody murtherer & a very vsurper , hauing no other title to the Realme of England but tiranny : did with one consent agree and conclude neuer to yéeld or giue ouer as long as any were left aliue , which might withstand such an enemye , wishing rather to dye in trueth , and for their common welth : then to liue with reproche and infamy , and to departe rather with mortall Fame : then to be miserable slaues to an vsurping tirant . When therfore after man● long assaultes they were spent and few or none left aliue to withstand so mightie & so many enemyes : the Dane on the .xxvij. of August entred the Cittie , and when he had serued his bloody appetite , in murdering the poor widdowes and Children : he spoyled the Cittie , burned the houses , rased the walles , beat down the Temples , and left nothing which either by swoord , fire or spoyling might be consumed .

And so Renolph writteth . Daci cum suo Rege Swano Excestriam venerunt et vrbem funditus destruxerunt , nulla re incolumi relicta , que aut ferro aut igne poterat vastari : et omnia spolia cineribus tantum relictis secum deportauerunt .

The like woords Henry of Huntington in the sixt Booke of his historyes , writeth in this sort . Anno dom. 1●03 , Daci ira exarserunt , sicut ignis quem sanguine velit aliquis extinguere : aduolantes igitur quasi multitudo locustarum quidam Exestriam venerunt , et vrbem totam funditus destruxerunt , et omnia spolia secuin , cineribus tantum relictis deportauerunt . Houedon also writteth . Rex danorum Swein per iniuriam et proditionem Normanici comitis hugonis quem Emma Domnaniae prefecerat , ciuitatem Exon infregit spoliauit murum ab orientali vsque ad occidentalem portam destrux it et cum ingenti praeda naues repetiit . William Conquerer .

6 It was also besieged by William the Conquerour in the first yeer of his reign Anno. 1068. : for when he first entred the land vsing by dent of Sword all hostilitie : this Cittie entring in leage with the nobilitie and Townes of this Contrey , did conclude and promise , eche to the other to withstand the enemye to the vttermoste , & accordingly did prepare for the same , but when the Conquerour had preuailed and subdued almoste the whole Realme , and vnderstanding that this Cittie would not yéeld : sent his Armye from London and besieged the same , and perceiuing the siege to continew : marched him self as far as Salisbury towards the same . In the mean time , the Citizens aduertised that the whole Realme had yeelded , and seeing their confederats to shrink dayly from them : and by that menes they to war dayly weaker and weaker , beeing not able to withstand so great a power and Armye as was round about them : did by way of intreatie offer conditions of peace , and submitted them selues to the King , who according to their composition receiued their submission , & after a greeuouse fine taken : did restore the Cittie vnto them again . But in token of his conquest : he altred the Gates of the Castel , and swore all the people to be his liege Subiects .

Houedon in his History maketh mencion that King Harolds wife should be within the Cittie during this assault & besiege , for these be his woords , Hyeme imminente Rex Wil helmus de Normania in Angliam rediit et Angliae importabile tributum imposuit : deinde in domnomam host●●●er profectus est ad ciuitatem Excestriam quam ciues et nonnulli Anglici ministri contra illum retinebant et obsedit et in fregit : Githa vero commitissa mater scilicet Haroldi Regis Anglorum , ac soror Swani Regis danorum cum multis de ciuitate fugiens , euasit , e● Flandriam petiit : ciues autem dex tris acceptis regi se dederunt .

7 Also in the second yéer of King Stephen . King . Stephen , Anno. 1137. the Lords and Péeres of the Realme remembring the othe they had made to King Henry the first , to whome they swore to bée true to Maude the Kings daughter and to her heires ( and yet contrary to the same had sworne them selues to King Stephen : ) began to repent them selues , and consulted how to restore Maude the Empresse , wherfore assembling togither in armour did deuide them selues and took sundry Cities & Castels . Baldwin Ridiuers .

And Baldwin Ridiuers Earle of Deuon with force of Armes tooke this Cittie , whom King Stephen pursuing : did driue him out of the same to the Islle of Wight then his Lordship . But the King when he had receiued the Cittie into his faith : did march towards the Isle of Wight , and taking the same , did banish the said Earle . But Maude the Empresse remembring this Cittie for this faith did enlarge the liberties , for whom euer after an aniuersary was kept at the charges of the Cittie . Howebeit some say that this Baldwin took Oxforde or Westchester , and not Excester and from thence fled to Wight .

8 It was also in some trouble in the xi . yéere of King Richard the second . King Richard . Anno. 1387. For a controuersie béeing befall betwéen the King and his Vncles , Duke of York . the Dukes of York and Glocestre , none were then so much in the Kings fauour as Robart Vere Marques of Doublin , Michael Dalapool Earle of Suffolke , and others of their faction : whome the King commaunded to collect and assemble an Armye , Duke of Glocestre in and for his defence against his vncles , but they , whether they mistrusted their owne parte , or whether they were minded to make them selues stronger , leuing their iorney towards London came to this Cittie , the Dukes understanding the same : Vere . pursued them with all spéed , and at this Cittie ioyned battail and fought with them , but the Marques and the Earle trusting better to their féet then to their hands : Delapole . did preuily flée away into Scotland , and from thence into flanders where they dyed .

9 It was also in great troubles in the time of King Edward the fourth , Lord Dinham . for in the x. yéer of his reign . Anno. 1469. when the states of King Henry the vj. and King Edward the fourth were doutful . The Duchesse of Clarence , the Lord Dinham , Lord Fitzwarren . the Lord Fitzwarren and the Baron of Carewe with others , who took parte with Henry the vj. came to this Cittie accompanyed with a thousand fighting men , the Duches béeing great with childe , Baron of Carewe . and lodged in the Bishops place . But Sir Hugh Courtney Knight , who fauored and was of the parte of King Edward , hearing of this : raised an armye of his fréends and Allies , besieged the Cittie , brake down the Bridges , and stopped all the waies comming towards the same , by meanes wherof no Victualles could come to the market . And béeing encamped about the Cittie , sent vnto the Mayor requiring him either to open the Gates : or to deliuer the gentlemen whiche were within .

The gentlemen which were within , they of their parties either mistrusting the Mayor or Comons , or not willing to be ruled vnder his gouernment : requied the keyes of the gates to be deliuered into their custody , and all things to be doon as at their appointment .

In which perplexitie and doutful estate : the Mayor and his brethern consulting , did resolue and determine neither to yéeld to the request of them which were without nor yet to satisfie their requests which were within , but pacifying bothe partyes with such honest and quiet meanes as they might , did conclude to kéep the Cittie and them selues , as to their allegiance appertained to the vse of the Crown , wherfore foorthwith they rampred the Gates , fortified the Walles , and armed their Souldiers and set all things in good order , leauing nothing vndoon , which might be for the preseruation of the state and common welth of the Cittie . But in small processe of time , the prouision waxed short , and victualles began to be scant , where of it was feared a famine would insue , the same béeing so hard a thing , as so great a number of people would not endure and abide . Yet notwithstanding partely by the good peswasions of the Magistrates , and hauing a regarde of their owne dutyes and estates , and hoping this troublesome time would not long indure : did continewe firme and trusty in their cause , vntil at length by way of intreatie and mediation of certain Chanons of the Close , Duke of Clarence , the siege was after xij . dayes remooued and raised , whervpon very shortly did insue the féeld at Edgecourt , where the Duke of Clarence , and the Earle of Warwick ( be●●ng put to the worst ) did flée to this Cittie , Neuel erle of Warwick . entring in the third of April , lying in the Bishops Pallaice for a few dayes , vntil they prouided Shippes at Dartmouth fit for their passage to Calleys .

The King hauing vnderstanding whiche wayes his enemyes were gon : followed and pursewed them with an armye of xl . thousand men , and came to this Cittie the xiiij . of Aprill . Anno. 147● . but he came to late the Duke and the Earle beeing gone to the Seaes before his comming , wherfore the King after he had reposed him self heer three dayes : returned .

10 It was likewise in great trouble , king Henry . béeing besieged the x●j . yéere of the reign of King Henry the vij . Anno 1498. by one Parkin Warbeck , who in the beginning of September came to this Cittie and encamped it , with Ordinaunce battred the walles , fired the gates , vndermined the walles and sealed the same , but by the noble courage of the Citizens : he had small successe , béeing manfully resisted vntil suche time as the King aduertised therof : did send the Lord Edward Courtney Earle of Deuon , and the Lord William his Sonne , with other Noble men , who reskewed the Cittie and deliuered it from the enemye .

11 Finally and last of all it was besieged in the third yéere of King Edward the sixt . King Edward . Anno. 1549. by the Commons of Deuon and Cornwall , who not contenting them selues with the state of Religion then established : clustered them selues in companyes , appointed to them selues Captaines , and minded by their force to vndoo that which the Prince by Lawe and Act of Parlement had established , wherfore to redéeme all such places of force , welth , and defence , into their owne hands , whiche might in any respect , serue for their ayde and defence : came to this Cittie the second of Iuly . 1549. and encamped them selues about the same in great numbers , during the time of their abode & besieging : great troubles arose , sometimes assaultꝭ made , sometimes the gates fired , sometimes the walles vndermined , some times skirmishes made & some great laromes to defend the walles against scaling , finally nothing was left vndoon , which the enemyes might deuise for the obteining of their purpose . And albeit there wanted not lusty stomakes of the Citizens to withstand this outward force , yet in processe of time such scarcitie of Vitualles did encrease , & Bread wared so scant : that the people began to waxe wery and lothe to abide the extremitie therof , whiche was so extreme , that it was feared either that the people must yéeld to the enemye : or perish with famin . How beit the Magistrates ( though sory in such destesse ) yet hauing a speciall regarde of their dutie toward the Prince , and their charge to the common welth , left no meanes vnsought to quiet the people and stay them in their deutye and obidience . Wherfore comforting the people with fair promises , and liberall reléeuing their necessities : did in such sort and order handle the matter , that euery body with one assent was resolued in hope of some spéedy reléef to abide the end , and in no wise to giue place to the ●●●mye : but to continue faithful to the Prince , and trusty to ●heir common welth . And yet in the meane while the gouernours left no deuises and prouisions which might be for the reléefe and comfort of the poore hungrye bellyes , wherfore the corne and Meale consumed : they caused of course and olde refused Bran , bread to be moulded vp in clothes , for otherwise it would not stick togither . Also they caused some excurtions to be made out of the Cittie , for the praying and taking of such Cattel as were néer about the walles , which béeing taken : was distributed emong the poor . Likewise the Prisoners in captiuitie were contented to be fatisfied with such victualles , as could bée prouided , and albeit mannes nature can scarcely abide to féed vpon the flesh of a Horse : yet these poor men were fed therwith and wel contented .

The noble King and Councel aduertised of this distresse : did at length after .xxxv. dayes , send the honorable S. Iohn Russel Knight , Lord Russel , Lord priuy Seale , and afterwards Earle of Bedford , with a company and band of Souldiers , who after sundry conflicts had with the enemyes : came to this Cittie the vj. of August , reskewing and deliuering the same from the enemye , and set them at libertie . For the which as God was moste worthy of all praise and glory : so is the same his deliueraunce at this present had in perpetuall memory the vj. of August béeing a holy day in the remembraunce therof .

Thus this little Cittie which in antiquitie is not inferiour to other : hath from time to time felt the smartes and chaunges of all times , and indured great troubles , daungers , extremities and perilles , and yet God regarding their faith & obedience to their Prince and common welth before all other sacrifices : hath defended an preserued them alwaies rewarding them with immortall Fame , for which his great benefits , his name be praised for euer and euer .

The sundry and seuerall names of the Ci●● . of Excester , and the interpretation of the same .

COrinea or Corinia , is the first and eldest name of this Cittie , and so named by Corineus who ariuing with Brutus into this land , and seasing or taking land vpon these west parteꝭ : was ( by brutus ) Lord of the same . And he then building Cittie ( as is thought ) called it by his owne name Corinia whiche béeing so : then is this Cittie one of the first Townes or Cittyes buylded by the Brittons in this land .

Cayrpenhuelgoite , is compounded of foure woords . Cayr is a Fortresse or a walled Town , pen is a hed or the chéef of any thing , howel is good luck , prosperitie or knowledge , goyed is wood , a forest or timber woork , now these put togither after the English phrase : is the prosperouse chéef Town in the wood .

Penhaltcayr is compounded of thrée woords , Pen is the hed or chéef , halt is high , a top of hil , or the brim or edge of a thing . cayr is a Town walled or a Fortresse , these put togither , doo signify the hed Town or Cittie vpon the Hil.

Pencayr is compounded of two woords , of Pen and Cayr , which signify the cheef Cittie .

Cayrruthe , Cayrrith , is compounded of Cair and Rith , Rith is tawnish or a dark red , and so it signifyeth the red town , Cittie or Fort.

Cayrriske is likewise a compound of two words , Iske signifieth a fresh water , also a quil or a wing , but in this place : it is the name of the Riuer which fléeteth by the Cittie , and so 〈◊〉 signifieth the Cittie of Iske .

Isca was also the name of the Town , and Isaca the name of the Riuer which fleeteth by it , as Ptolomeus and certain latter writers folowing him : doo suppose & write , though it should séeme rather the Cittie to be called Isaca , and the Riuer Isca .

Muncketon was so called by the Saxons , but vpon what reason : it dooth not appeer , others then that they did at their comming chaunge and alter the names of all or moste parte of places in this land , giuing new names either of Townes or places of the Contrey from whence they came , or of their owne deuise : or els King Etheldred or King Edgar when they had builded eche of them a Monastery for Muncks : did giue that name .

Exeter was the name which King Adelstane gaue vnto it when he soiourned in this Town calling it so of the riuer Exe , and then it is to say Exeterra the town or soyle of Exe.

Exancestre is thought to be so called by the Saxons , who commonly and for the moste parte named such Fortes and holdes as they buylded by this woord Cestria , as Cicestria , Dorcestria , Osestria and many other like , for Cestir in the Saxon tung is a Forte , a Town or a Cittie .

Excestrum or Excestre is the name moste now in vse , and so named ( as some write ) of the Riuer , whiche they write to be named Excestrum ,

Notes, typically marginal, from the original text

Notes for div iasp-e30470