Luxuriant animi rebus plerunque secundis)
not otherwise bestowed than in all excesse, as if we wist not otherwise how to consume and wast them. I praie God that in this behalfe our sinne Ezech. 16. be not like vnto that of Sodoma and Gomorha, whose errors were pride, excesse of diet, and abuse of Gods benefits aboundantlie bestowed vpon them, beside want of charitie toward the poore, and certeine other points which the prophet shutteth vp in silence. Certes the common-wealth cannot be said to florish where these abuses reigne, but is rather oppressed by vnreasonable exactions made vpon rich farmers, and of poore tenants, wherewith to mainteine the same. Neither was it euer merier with England, than when an Englishman was knowne abroad by his owne cloth, and contented himselfe at home with his fine carsie hosen, and a meane slop: his coat, gowne, and cloake of browne blue or puke, with some pretie furniture of veluet or furre, and a doublet of sad tawnie, or blacke veluet, or other comelie silke, without such cuts and gawrish colours as are worne in these daies, and neuer brought in but by the consent of the French, who thinke themselues the gaiest men, when they haue most diuersities of iagges and change of colours about Attire of merchants. them. Certes of all estates our merchants doo least alter their attire, and therefore are most to be commended: for albeit that which they weare be verie fine and costlie, yet in forme and colour it representeth a great péece of the ancient grauitie apperteining to citizens and burgesses, albeit the yoonger sort of their wiues both in attire and costlie housekeeping can not tell when and how to make an end, as being women in déed in whome all kind of curiositie is to be found and seene, and in farre greater measure than in women of higher calling. I might here name a sort of hewes deuised for the nonce, wherewith to please phantasticall heads, as gooseturd gréene, pease porridge tawnie, popingaie blue, lustie gallant, the diuell in the head (I should saie the hedge) and such like: but I passe them ouer thinking it sufficient to haue said thus much of apparell generallie, when nothing can particularlie be spoken of anie constancie thereof.
OF THE HIGH COURT OF PARLEMENT, AND AUTHORITIE OF THE SAME.
CHAP. VIII.
In speaking of parlement lawe, I haue in the chapiter precedent said somewhat of this high and most honorable court. Wherefore it shall not néed to remember ought héere that is there touched: I will onelie speake of other things therefore concerning the estate of assemblie, whereby the magnificence thereof shall be in some part better knowne vnto such as shall come after vs. This house hath the most high and absolute power of the realme, for thereby kings and mightie princes haue from time to time béene deposed from their thrones, lawes either enacted or abrogated, offendors of all sorts punished, and corrupted religion The parlement house diuideth the estate of the realme into nobilitie and the commons. either dissanulled or reformed, which commonlie is diuided into two houses or parts, the higher or vpper house consisting of the nobilitie, including all euen vnto the baron and bishop: the lower called the nether house of knights, squires, gentlemen, and burgesses of the commons, with whome also the inferior members of the cleargie are ioined, albeit they sit in diuerse places, and these haue to deale onelie in matters of religion, till it come that they ioine with the rest in confirmation of all such acts as are to passe in the same. For without the consent of the thrée estates, that is, of the nobilitie, cleargie, and laietie, sildome anie thing is said to be concluded vpon, and brought vnto the prince for his consent and allowance. To be short, whatsoeuer the people of Rome did in their Centuriatis or Tribunitijs comitijs, the same is and may be doone by authoritie of our parlement house, which is the head and bodie of all the realme, and the place wherein euerie particular person is intended to be present, if not by himselfe, yet by his aduocate or atturneie. For this cause also any thing ther enacted is not to be misliked, but obeied of all men without Time of summons. contradiction or grudge. By the space of fortie dais, before this assemblie be begun, the prince sendeth his writs vnto all his nobilitie particularlie, summoning them to appeare at the said court. The like he doth to the shiriffe of euerie countie; with commandement to choose two knights within ech of their counties, to giue their aduise in the name of the shire, likewise to euerie citie and towne, that they may choose their burgesses, which commonlie are men best skilled in the state of their citie or towne, either for the declaration of such benefits as they want, or to shew which waie to reforme such enormities as thorough the practises of ill members are practised and crept in among them: the first being chosen by the gentlemen of the shire, the other by the citizens and burgesses of euerie citie and towne, whereby that court is furnished. The first daie of the parlement being come, the lords of the Of the vpper house. vpper house, as well ecclesiasticall as temporall, doo attend vpon the prince, who rideth thither in person, as it were to open the doore of their authoritie; and being come into the place, after praiers made, and causes shewed, wherefore some not present are inforced to be absent, each man taketh his place according to his degrée. The house it selfe is curiouslie furnished with tapisterie, and the king being set in his throne, the spirituall lords take vp the side of the house which is on Places of the peeres. the right hand of the prince, and the temporall lords the left, I meane, so well dukes and earles, as viscounts and barons, as I before remembred. In the middest and a pretie distance from the prince, lie certeine sackes stuffed with wooll or haire, wheron the iudges of the realme, the master of the rols, and secretaries of estate doo sit. Howbeit these iudges haue no voice in the house, but onelie shew what their opinion is of such & such matters as come in question among the lords, if they be commanded so to doo: as the secretaries are to answer such letters or things passed in the councell, whereof they haue the custodie & knowledge. Finallie, the consent of this house is giuen by each man seuerallie, first for himselfe being present, then seuerallie for so manie as he hath letters & proxies directed vnto him, saieng onelie; Content or Not content, without any further debating. Of the number assembled in the lower house, I haue alreadie made a generall report in the chapter precedent, and their particulars shall follow here Of the lower house.
Speaker. at hand. These therefore being called ouer by name do choose a speaker, who is as it were their mouth, and him they present vnto the prince, in whom it is either to refuse or admit him by the lord chancellor, who in the princes name dooth answer vnto his oration, made at his first entrance & presentation into the house, wherein he declareth the good liking that the king hath conceiued of his choise vnto that office & Petitions of the speaker. function. Being admitted, he maketh fiue requests vnto that honorable assemblie, first that the house may (as in times past) inioy hir former liberties and priuileges: secondlie, that the congregates may frankelie shew their minds vpon such matters as are to come in question: thirdlie, that if anie of the lower house doo giue anie cause of offense during the continuance of this assemblie, that the same may inflict such punishment vpon the partie culpable, as to the said assemblie shall be thought conuenient: fourthlie, if anie doubt should arise among them of the lower house, that he in their name might haue frée accesse and recourse vnto his maiestie & lords of the higher house, to be further instructed and resolued in the same: fiftlie and last, he craueth pardon for himselfe, if in his going to and fro betweene the houses, he forget or mistake anie thing, requiring that he may returne and be better informed in such things as he did faile in without offense: vnto which petitions the lord chancellor dooth answer as apperteineth, and this is doone on the first daie, or peraduenture the second, if it could not be conuenientlie performed in the first.
Clerke of the parlement. Beside the lord chancellor there is another in the vpper house called the clerke of the parlement, whose office is to read the billes. For euerie thing that commeth in consultation in either house, is first put in writing in paper, which being read, he that listeth riseth vp and speaketh either with it or against it, and so one after another so long as they shall thinke good; that doone they go to another, and so to the third, &c: the instrument still wholie or in part raced or reformed, as cause moueth for the amendment of the same if the substance be reputed necessarie. In the vpper house the lord chancellor demandeth if they will haue it ingrossed, that is to saie, put in parchment, which doone, it is read the third time, & after debating of the matter to and fro if the more part doo conclude withall, vpon the vtterance of these words, "Are ye contented that it be enacted or no?" the clerke writeth vnderneath "Soit baille aux commons," and so when they sée time they send such billes approued to the commons by some of them that sit on the wooll sackes, who comming into the house, & demanding licence to speake, doo vse this kind of words or the like to the speaker, as sir Thomas Smith dooth deliuer and set them downe, whose onelie direction I vse, and almost word for word in this chapter, requiting him with the like borowage as he hath vsed toward me in his discourse of the sundrie degrées of estates in the common-wealth of England, which (as I hope) shall be no discredit to his trauell. "Master speaker, my lords of the vpper house haue passed amongst them, and thinke good that there should be enacted by parlement such an act, and such an act (reading their titles in such sort as he receiued them) they praie you therefore to consider & shew your aduise vpon them." Which doone they go their waie, and the doore being shut after them, the speaker declareth what message was sent vnto them, and if they be then void of consultation vpon anie other bill, he presentlie demandeth what their pleasures are, first of one, then of another, &c: which are solemnelie read, or their contents bréeflie shewed and then debated vpon among them.
Of the nether house. The speaker sitteth in a chaire erected somewhat higher than the rest, that he may sée and be séene of all men, and before him on a lower seat sitteth his clerke, who readeth such bils as be first propounded in the lower house, or sent downe from the lords: for in that point each house hath equall authoritie to propound what they thinke méet, either for the abrogation of old or making of new lawes. All bils be thrise and on diuerse daies read and disputed vpon before they come to the question, which is, whether they shall be enacted or not; and in discourse vpon them, verie good order is vsed in the lower house, wherein he that will speake giueth notice thereof by standing vp bare headed. If manie stand vp at once (as now & then it happeneth) he speaketh first that was first seene to moue out of his place, and telleth his tale vnto the speaker, without rehersall of his name whose speches he meaneth to confute, so that with a perpetuall oration & not with altercation these discourses are continued. But as the partie confuted may not replie on that daie, so one man can not speake twise to one bill in one daie though he would change his opinion, but on the next he may speake againe, & yet but once as afore. No vile, seditious, vnreuerent or biting words are vsed in this assemblie, yet if anie happen to escape and be vttered, the partie is punished according to the censure of the assemblie and custome in that behalfe. In the afternoone they sit not except vpon some vrgent occasion, neither hath the speaker anie voice in that house, wherewith to moue or dissuade the furtherance or staie of anie bill, but his office is vpon the reading thereof breeflie to declare the contents. If anie bill passe, which commeth vnto them from the lords, it is thus subscribed, "Les commons ont assentus:" so if the lords agree vpon anie bill sent vnto them from the commons, it is subscribed after this maner, "Les seigniours ont assentus." If it be not agreed on after thrise reading, there is conference required and had betwéene the vpper and nether houses, by certeine appointed for that purpose vpon the points in question, wherevpon if no finall agréement by the more part can be obteined, the bill is dashed and reiected, or (as the saieng is) cleane cast out of the doores. None of the nether house can giue his voice by proxie but in his owne person, and after the bill twise read, then ingrossed and the third time read againe & discoursed vpon, the speaker asketh if they will go to the question, whervnto if they agree he holdeth vp the bill & saith; "So manie as will haue this bill go forward saie Yea:" hervpon so manie as allow of the thing crie Yea, the other No, & as the crie is more or lesse on either side, so is the bill to staie or else go forward. If the number of negatiue and affirmatiue voices seeme to be equall, so manie as allow of the bill go downe withall, the rest sit still, and being told by the poll the greater part doo carrie away the matter. If something be allowed and in some part reiected, the bill is put to certeine committées to be amended, & then being brought in againe, it is read and passeth or staieth as the voices yéeld therto. This is the order of the passage of our lawes, which are not ratified till both houses haue agréed vnto them, and yet not holden for law till the prince haue giuen his assent. Vpon the last daie therfore of the parlement or session, the prince commeth in person againe into the house, in his robes as at the first. Where after thanks giuen to the prince, first in the name of the lords by the lord chancellor, then in the name of the commons by the speaker for his great care of the welfare of his realme, &c: the lord chancellor in the princes name giueth thanks to the lords & commons likewise for their paines, with promise of recompense as opportunitie & occasion shall serue therefore. This doone one readeth the title of euerie act passed in that session, and then it is noted vpon them what the prince doth allow of with these words, "Le roy veult." If the prince like not of them, it is written vpon them "Le roy aduisera." And so those acts are dashed, as the other from thencefoorth are taken and holden for law, and all imprinted except such as concerne some priuat persons, which are onelie exemplified vnder the seale of the parlement, as priuileges to his vse. And this is the summe of the maner after which our parlements in England are holden, without which no forfaiture of life, member or lands of anie Englishman, where no law is ordeined for the same before hand, is auailable or can take place amongst vs. And so much in maner out of the third chapiter of the second booke of the common-wealth of England written by sir Thomas Smith: whervnto I will annex a table of the counties, cities, boroughs and ports, which send knights, burgesses, and barons to the parlement house, and dooth insue as followeth.