the beginning of the parliament at the return of the writ the parliament can  begin but by the royal presence of the king either in person or by  representation by representation two way the royal person represent two way  either by a guardian of England by letter patent under the great seal when the  king be in to move back out of the realm or by Commission under the great seal  of England to certain lord of parliament represent the person of the king he  be within the realm inrespect of some infirmity a the patent of the office of  a garden of England recite his speedy go beyond sea or in to move back or  urgent occasion and the cause thereof our quad pax our men  tam in our men   absence how present time inviolable to watch quad fiat common  the whole of the laws one conquerent in n'est act complaint de faithfulness  beloved trusty our men  eduvardi leader cornubiae comrade cestriae son  our men  birthright plenary to trust to put Self jailer speech royal power  our men  ac locum nostrum tenent in to the same place royal power how day in  speech beyond sea birth custom to make well while ind other to lead and this  be that capital crime  justice mention in mag Carta cap when the king be extra  kingdom with a clause of assistance but yet if any parliament be to be hold  there must be a special Commission to the garden to begin the parliament and  to proceed therein but the testae of the Writ of summons shall be in the  garden name a parliament be hold in quint quint videlicet year  Henry before  John duke of Bedford brother and lieutenant to the king and garden of England  and be summon under the testae of the garden or lieutenant it be enact that if  the king be beyond the sea cause to summon a parliament in this realm by his  Writ under the testae of his lieutenant and after such summons of parliament  go out of the chancery the king arrive in this realm that for such arrival of  the same king such parliament shall not be dissolve but the parliament shall  proceed without new summons a in Edward a parliament be begin in the presence  of the king and prorogue until a further day and then William archbishop of  York the king Commisary by letter patent hold the same parliament and adjourn  the same c the cause of the say prorogation be for that the king be enforce to  go in person to Glocerstershire to repress a rebellion there as have be say  the king person may be represent by Commission under the great seal to certain  lord of parliament authorize they to begin the parliament and both the garden  and such commissioner do sit on a from place near to the degree that go up to  the Cloth of estate and in Elizabeth the queen by her Commission under the  great Sealebearing date the of October year  recite that she for urgent  occasion can not be present in her royal person do authorize John Whitguift  archbishop of Canterbury William baron of Burghley lord treasurer of England  and Henry earl of Derby lord steward of the household then be and  begins to sacrifice c tenendum c and to go before c and faciend all one c nec  non and parliament adjornandum prorogand c which Commission be enter in haec  word in the journal book in the lord house and in the upper part of the page  above the beginning of the Commission be write owner queen to make present per  Commissionarios videlicet c the day of October the say commissioner sit on a  from before the Cloth of estate after the Commission read adjourn the  parliament until the of February follow c and this parliament begin the of  October and not the of February wherein the print book be mistake for then the  parliament begin and be prorogue thus much shall suffice when the king person  shall be represent but when the parliament shall not begin at the day of the  return but for certain urgent cause then to be prorogue until another day and  then to be hold before the king there be a ready way for the effect thereof  and that be by Writ patent under the whole great seal recite the Writ of  summons prorogue by Writ patent and to bear testae before the return thereof  and sign above with the king sign manual and direct to bear before great man  nobles  what  royal power ac soldier fellow citizen citizen to call together  dainties  and hoc parliament pro a certain cause gaze of looking c to prorogue  the parliament to a certain day and at the return of the summons this Writ be  read in the Upper house before certain of the lord of parliament and of the  Commons there assemble and prorogation make accord the parliament be prorogue  and this be so do in year  Elizabeth the return of the summons of parliament  be the of October and by such a Writ it be prorogue until the of February  follow at what time in judgement of law the parliament do begin and be hold  and not on the of October as it be adjudge a like prorogation be make by the  queen like Writ of the parliament hold year  Elizabeth at both which day of  prorogation the parliament do hold before the queen her self until the  dissolution of the same which writ be enter in haec word in the journal book  what be to be do the first day of the parliament on the first day of the  parliament the king or most common the lord chancellor or keeper of the great  seal in the presence of the lord and Commons do show the cause of the call of  his high court of parliament but the king may appoint any other as many time  the chief justice of England and sometime some other as may appear in the  parliament roll only one I will transcribe b at this day sir Henry green the  king chief justice although the lord chancellor be present in the presence of  the king the lord and Commons and so it be do ever after declare the cause of  the parliament in English videlicet Forredresse of matter touch the church for  observation of the peace for the affair of Scotland for the enhance of the  price of wool c d but at the next meeting Simon Langham bishop of Ely show the  cause of parliament and in the end he do in the king name require the Commons  to make choice of a learned and discreet man to be their speaker and when a  bishop be lord chancellor he take a text of scripture which he repeat in Latin  and discourse upon the same but when a judge be lord chancellor he take no  text but in manner of a oration show summary the cause of the parliament the  election of the speaker it be true the Commons be to choose their speaker but  see that after their choice the king may refuse he for avoid of expense of  time and contestation the use be as in the congee de ellier of a bishop that  the king do name a discreet and learned man who the Commons elect but without  their election no speaker can be appoint for they because he be their mouth  and trust by they and so necessary as the house of Commons can sit without he  and therefore a grievous sickness be a good cause to remove he as in h John  Chenye speaker choose and allow be for sickness so as he can not serve  discharge and sir John Doreward choose in his place and so be William Stutton  after he be choose and allow speaker remove for grievous sickness and sir John  Doreward choose in his place at the parliament hold in Henry sir John Tirrell  knight be choose and allow speaker and for grievous sickness remove and  William Beerly Esq choose in his place c but sickness be no cause to remove  any knight citizen or burgess of the house of Commons so note a diversity  between the speaker and any other of the house of Commons and this diversity  be not observe beget a error by some opinion in Henry title parliament brook  for continual experience be to the contrary the presentment of the speaker  what the speaker shall do when he be choose when the Commons have choose their  speaker the person elect stand in his place disable himself to undergo so  weighty a charge as in his discretion he think fit desire they to proceed to a  new choice which be deny and he set in the chair then he pray they to give he  leave that he may disable himself to the king after this they present he to  the king in the lord house where after he have disable himself to speak before  the king and for the whole body of the realm and make humble suit to the king  leave by his insufficiency the business of the realm may be hinder to be  discharge and a more sufficient man to be choose if he be allow by his majesty  the protestation of the speaker then he make a protestation consist on three  part first that the Commons in this parliament may have free speech as of  right and by custom they have use and all their ancient and just privilege and  liberty allow to they second that in any thing he shall deliver in the name of  the Commons if he shall commit any error no fault may be arrected to the  Commons and that he may resort again to the Commons for declaration of their  true intent and that his error may be pardon the three be that as often as  necessity for his majesty service and the good of the common wealth shall  require he may by the direction of the house of Commons have access to his  royal person this be in the parliament roll call a protestation in respect of  the first part the nature whereof be to be a exclusion of a conclusion and  herein that the house of Commons be not conclude to speak only of those thing  which the king or lord chancellor c have deliver to they to be the cause of  the call of this court of parliament but in a parliamentary course of all  other arduous and urgent business which principal consist in these five branch  as it appear in the writ of summons to the lord spiritual and temporal  videlicet the matter of parliament touch the king the state of the kingdom of  England the defence of the kingdom the state of the church of England and the  defence of the same church and this appear by express word in the parliament  Writ in these word pro a certain steep place roll up pain our position  a defending royal power our men  England church England concernentibus  a certain parliament nostrum c tender  ordinavim c and these word the state  and defence of the kingdom be large word and include the rest and though the  state and defence of the church of England be last nam in the Writ yet be it  first in intention as if appear by the title of every parliament as for  example to the honour of God and of holy church and quietness of the people c  now for as much as diverse law and statute have be enact and provide for these  end aforesaid and that diverse mischief in particular and diverse grievance in  general concern the honour and safety of the king the state and defence of the  kingdom and of the church of England may be prevent a excellent law be make  year  Edward which be apply to the say writ of parliament do in few and  effectual word set down the true subject of a parliament in these word for the  maintenance of the say article and statute and redress of diverse mischief and  grievance which daily happen a parliament shall be hold every year as another  time be ordain by a statute before the Conquest parliament be to be hold twice  every year frequented autem ex omni the bis every year convent  to put in motion king Edward the first keep a parliament once every two year  for the most part and now it be enact that a parliament shall be hold once  every year the Roman vanquish our ancestor the ancient Britain for that they  assemble not they consult not in common with they not common counsel as  Tacitus in vita farmer say nec other facing strong gentes pro we  usefully advantage how quoth in common non to meet and consider of loose and  to drive back common periculum convent ita dumb one pugnant whole world bind  but to return to the matter of parliament notam common concilium convent and  it be enact and declare by authority of parliament in year  Henry that all  suit accusement condemnation execution fine americiaments punishment  correction charge and imposition at any time from thenceforth to be put or  have upon any member either of that present parliament or at any parliament at  any time after that Act to be hold for any bill neq fearful uprightness nor  not good strength Rei public officer be useful speak reason or declare of any  matter or matter concern the parliament to be common or treat of be utter void  and of none effect which latter branch be general now what matter or matter  concern the parliament appear before and this clause of the Act of Henry be  declaratory of the ancient law and custom of the parliament and this do not  only appear by the writ direct to the lord of parliament but by the writ for  election of the Commons for example the Writ to the sheriff of Norfolk for  election of the knight citizen and burgess within that county be king viscount  Norff health because our de avisamento assent council our men  pro a certain  steep place roll up pain our position a defending royal power our men  England  church England concernentibus quoth dam parliament nostrum at c tender   ordinaverim ibidem come to bear before great man nobles  speech royal power  our men  colloquium to have treaty Self viscount Norff to take beforehand  really injungend quoth fanctam proclamation in proximo county  tuo post  reception the same short catalog duos soldier gladiisNota and faciendum  to agree girdle c elegy to make c and faciendum to agree haec who tunc ibidem  de common council our men  England to be favorable a god to touch regular  super pain antedictis ita quad pro diminution power hujusmodi seu near  not foreseeing choice soldier a citizen Burgensium predict dictam  to carry on business our men  not done non to stay behind quovismodo notam  super pain antedictis and this power extend equal to all knight citizen and  burgess of parliament what the speaker shall do after his allowance after the  Commons with their speaker be come from the lord house and that the speaker be  set in the chair then he desire the Commons that see they have choose he for  their mouth that they will favourable assist he in their arduous and important  affair and that he will do they the best service he can with all diligence and  faithful readiness or to the like effect the writ of summons of parliament  which be to be find in the close roll from time to time see the summons of  parliament as have be say be by the king writ which tend to the beginning of  the parliament it shall be necessary to speak somewhat of those writ and it be  to be observe that the substance of those writ ought to continue in their  original essence without any alteration or addition unless it be by Act of  parliament for if original writ at the commonlaw can receive no alteration or  addition but by Act of parliament a much strong the writ for the summons of  the high court of parliament can receive no alteration or addition but by Act  of parliament Wherec the writ of summons issue out of the chancery and be  returnable in the court of parliament the return thereof can not be alter and  returnable into the chancery but by Act of parliament and because the word of  the writ for election of knight c be duos soldier sword girdle c it require a  Act of parliament that notable esquire may be eligible Walsingham say that in  year  domini which be year  Henry in the writ of the summons of parliament  there be add by the king a commandment in the writ that no lawyer shall be  return knight or burgess but the historian be deceive for there be no such  clause in those writ but it be wrought by the king letter by pretext of a  ordinance in the lord house in Edward but at the next parliament in Henry at  the grievous complaint of the Commons be interrupt of their free election by  those letter which be letter of justice and right it be among other thing  enact that election shall be free and indifferent make notwithstanding any  prayer or commandment to the contrary I without prece by any prayer or gift  without precepto without commandment of the king by writ or otherwise or of  any other which be a close and prudent salve not only for that before but for  all other in like case and be but a Act declaratory of the ancient law and  custom of parliament petition in parliament on the first day of the parliament  after the Commons be depart to choose their speaker then be certain justice  assistant and civilian master of the chancery attendant videlicet four justice  and two attendant appoint to be receiver of the petition of England Ireland  Wales and Scotland and that those that will deliver their petition be to  deliver they within six day follow at that time there be other justice and  civilian attendant videlicet three justice and two attendant appoint to be  reveivers of petition for gascoigne and other place beyond the sea and of the  isle and that they deliver their petition within six day c then be appoint of  the nobility lord of parliament and bishop videlicet six of the nobility and  two bishop to be triers of the say petition for England receiver of petition  of England triers of petition Ireland Wales Scotland Ireland Wales and  Scotland they together or four of the prelate and lord aforesaid call to they  the king learned Council attendant in parliament when needs shall be and toit  in the Chamber of the treasury the like appointment of the nobility and bishop  to be triers of the petition for gascoigne and other place beyond the sea and  of the isle and a place appoint for their sit call to they the king learned  Council when needs shall be for petition to be prefer into the lord house in  parliament for the country and place aforesaid this be the ancient constant  law and custom of the parliament continue until this day wherein these three  thing be to be observe first the extent of the jurisdiction of the parliament  of England second that for expedit of cause there shall be receiver of all  petition both of judge of the realm for their knowledge in the law of the  realm and of civilian attendant who may prepare and inform the triers be lord  of parliament of the quality of those petition three that there shall be of  the lord spiritual and temporal triers of those petition to try out whether  they be reasonable and good and necessary to be offer and propound to the lord  of petition in parliament some be of right some of grace and some mix of both  some prefer by the lord spiritual some by the lord temporal some by the  Commons some by the lord and Commons extra parliament no one petitio be  thanks  although relative in parliament no one petitio be unpleasant si  relative all petition ought to contain convenient certainty and particularity  so as a direct answer may be give to they b petition be timely prefer though  very many havebeen answer by the law and custom of parliament before the end  of the parliament this appear by the ancient treatise de modus to hold  parliament c in these word faithful translate in a fair and ancient manuscript  for bill and petition the parliament ought not to be end while any petition  depend undiscussed or at the least to which a determinate answer be not make  and in the parliament roll there be a Title towards the end of the parliament  the petition of the Commons c with their answer enter and record in the roll  of parliament c and one of the principal end of call of parliament be for the  redress of the mischief and grievance that daily happen innovation novelty  innovation and novelty sometime term in roll of parliament Novelries in  parliamentary proceed be most dangerous and to be refuse d and sometime the  king do answer the petition of the Commons by the assent of the prelate count  baron and Commons themselves such unity have be for the common good in  parliament in former time appointment of committee of grievance c the Commons  be the general inquisitor of the realm have principal care in the beginning of  the parliament to appoint day of committee videlicet of grievance both in thou  church and common wealth of court of justice of privilege and of advancement  of trade these committee when they meet they elect one of they to sit in the  chair in likeness of the speaker the committee may examine and vote the  question handle by they and by one who they appoint report their resolution to  the house and the house sit the speaker to determine the same by question