THE CONSTITUTION OF Parliaments IN ENGLAND, Deduced from the time of King Edward the Second, Illustrated by King Charles the Second In His Parliament Summoned the 18 of February 1660/1. And Dissolved the 24 of January 1678/9. with an Appendix of its Sessions. Observed by Sr. John Pettus of Suffolk, Knight. LONDON, Printed for the Author, and are to be sold by Tho. Basset, at the George in Fleetstreet, 1680. The Epistle To the Generous READER. HAving the Honour of Consanguinity to some of the House of Lords, and free access to most of the Rest who make up the Harmony of that Noble Judicature, I thought it not convenient (as well to prevent exceptions as dissatisfactions) to dedicate this to any one of their particular Lordships, well knowing that to offer any addition to their Universal Intuitions had been needless. But I devote it in General to such whose Youth, or diversions (by other Employments) have made them unknowing, or less knowing in this Subject, which I have branched out into 16 parts, whereof 12 consist of Precognita or things fit to be known or done after Summons and before the sitting of any Parliament, the 13.14. and 15. are of matters to be known or done only during the sitting of a Parliament, the 16th. hath a relation, and is a Supplement of such matters as could not well be Inserted to the foregoing 15 Parts. 'tis true, this subject of Parliaments hath been treated on by many Learned writers, but because none of them have proceeded in such a due Series as they might have done (for they were more for the Modus tenendi, than Inchoandi) I have partly from them, and partly from my own observations (having been a member of the House of Commons about 12 years, and thereby had intercourse with the House of Lords) and partly by the help of some worthy Friends) digested this Constitution into as clear a Method as my lesser abilities could perform. First I show the Gradations and Progresses to a Parliament, from the Fountain. viz. the Kings Warrant to the Lord Chancellor Impowering him to Summon it in Generals by Writs. Next I show his Lordship's Warrant to the Clerks of the Pettibag, for framing (according to former Precedents) Writs of Summons in Particulars. Thirdly, I show that these Clerks did Anciently and do still use a Method therein, which Method (being fairly engrossed on one large Parchment) is called a Parliament Pawn. I do not find that any writers before me have made any mention of these Pawns (nor do I put any weight on them, but in their Method whereby they are composed) because I find that the Clerks not conferring with the Heralds have committed many mistakes in Christian and Surnames, in Titles and Orthography. However the Method therein hath continued for many Ages, as will be shown, and though I have tried many ways to frame this Treatise, yet none pleased me so well as the Method used in the framing of a Pawn, which I have herein pursued. The Writs which are contained and Methodised in all Pawns have two Appellations viz. Exemplars and Consimilars, and from those do arise the Method of this Treatise. But as the Pawn doth only recite one Writ of one sort, (as an Example for Consimilar Writs of the same sort to be issued, yet are not therein mentioned;) So I by that Method do take occasion only to Treat of the Exemplars (except in some few places (for to Treat of all the Consimilars had been too great a task) by which means I have here only five Writs, which gives me opportunity to treat of the Blood Royal, of the Lords Spiritual, of the State Officers, of the Lords Temporal, and of the most Eminent Togati as the Assistants in that noble House, the other seven concerning the House of Commons I shall treat of in a distinct Part. And though my design is wholly to treat of what concerns that noble House in this part, yet I could not avoid the Intermixtures of some necessary hints of what properly concerns the House of Commons, which I intent (afvente Deo) to publish by itself. It was scarce possible that a Subject, which spreads itself into such varieties, should be so collected as not to have Omissions, some of which were purposely done, First, that I might not injure the Reader nor my Method by two long diversions, and yet satisfy him in conclusion. 2ly. I have been as careful as I could to prevent mistakes, but some will be, yet those which are necessary to be corrected (viz. my own oversights, or the Printers) I have added them to the end of this Epistle, but as for the Printers Omissions of Marginal Authorities, and distinctions of Sections, and observations (which were in my Copy) and for his not putting some words into Italic Letters, and for want of Commas, Points etc. the Ingenious Reader, may Easily pardon them. I have so ordered this Impression, that you have a System or the Contents of an Introduction and of 20 subsequent Chapters, Sections and Observations which I thought fit to exhibit, that those who have not the Leisure to read all the Chapters, may turn to such parts as most suit with their Genius. I begin the proper matter of this Treatise with the Kings Warrant in Feb. 1660/1 for Summoning that Parliament, and I shall End all with His Proclamation for its Dissolution in 1678/9. In these discourses I take the liberty to look back into former Ages, but not forward beyond the Dissolution of that Parliament; Only as an Appendix, I shall speak of some things that are to be done with Records, Leidger Books etc. and Allowances to Knights, Citizens and Burgesses after any one Parliament is ended. Corrigenda. Pag. 20 l. 25 d. are, read, or, P. 79 l. 23 after Seal, read till of Late years, P. 100 l. 17 r. Hertford. P. 124 l. 16. r. forgetting the Title of Knight P. 129 fill up the blank thus. L. 15 Ric. 3 11 38 0 38 L. 16 Hen. 7 10 42 1 29 L. 17 Hen. 8 37 45 1 36 deal. 28 44 P. 137 d. son, r. Heir to Blanche the Wife of John P. 139 l. 6 d. and 6. P. 383 l. 7 read by this. The Reader may also take notice that after the Contents, there are observations Printed, concerning the Names and Titles of our English Kings, especially of the Name Carolus or Charles, with some Prophetic Interpretations of it, which should have been placed next the 14 Page of this Treatise, but being omitted by an Accident he is desired to read them after that Page, if he please. THE CONTENTS of this TREATIS. The Introduction. Showing the Original of Councils, and the several Names of Councils in other Nations and in this Kingdom, How and when the Name of Parliament began; Of its Etymology and Definition; That a Parliament is the Abstract, yet includes the whole Constitution and Fabric of the Government of this Kingdom; That it Consists of a King and three Estates, and of three assisting Interests to those three Estates. The rest is divided into twenty Chapters with several Sections and Observations in them, as follows. CHAP. I. SECT. I. The form of the Kings Warrant for Summoning this Parliament. SECT. II. Observations on the Names and Progresses of the Names of our English Kings, more Especially and Prophetically of the Names of Carolus or Charles, as also of variations of the words in the Titles of several Kings of England, fixed in this Warrant. SECT. III. Observations and proceed on this Warrant, showing the King's Prerogative in Summoning Parliaments: Of the difference between Warrants, and Writs, in signing and Sealing in Generals, and particulars. The variation of the form of Warrants Advised by the King's Privy Council: How that Council differs from the Great Council of Parliament, The Warrant is first issued to the Lord Chancellor or Lord Keeper: The Lord Chancellors Warrant to the Clerks of the Pettybag: Of the first Digest of Writs kept there, called the Parliament Pawn: How these Pawns were Anciently used. CHAP. II. A Transcript of the Pawn for this Parliament began the Eight of May 1661. Divided into twelve Paragraphs, whereof the five first, concern only the House of Lords, the seven other the House of Commons. Observations on this Pawn. The reasons of placing figures on the Margin of the Pawn, The Reason of the different Dates of Writs in the Pawn: Why some of the Writs are abbreviated in the Pawn: Of General Writs (viz.) Original, and Judicial, and of Parlimentary Writs, (viz.) Brevia Clausa & Patentia, Exemplars, and Consimilars: The difference of the Lords Writs and Commons Writs: The agreement of Writs in the Pawn. Derivative Writs (not in the Pawn) are Equivalent to those in the Pawn: Of Exemplar and Consimilar Writs (viz.) both in the Lords and Commons Houses. The method proposed for treating of these Writs. CHAP. III. Of the Act of Precedencies divided into observations: That the Act of Precedency is concerned in the Lord's House only: The nature of the Act: The Title of the High Court of Parliament used in that Act: The Sitting and calling over the Lords different from the method in the Act, Why some Titles are named in the 4th. Paragraph of the Act omitted in the 8th. Of the Woolsacks in the Lord's House Of the four degrees of State Officers which are placed by this Act. How the Pawn, and Acts do disagree therein: Of such as sit in the Lord's House, yet not mentioned in the Act, but in the Pawn, Of former Proceed in the House of Lords omitted in this Act. CHAP. IU. Of the Degrees concerned in the Act of Precedency. SECT. I. Of the King's Privy Councillors. Of the word Council applied to individual Persons and to an Assembly, Of the King's Privy Council, Of several other of the King's Councils, Of the King's Great Council or Parliament, Of the Number and Quality of the Persons constituting the Privy Council, Of the Antiquity of Councils, Of the Nature and condition of Councillors in our Councils, Elected for merit, Of lesser Councils and Parliaments in this Kingdom, Of the Privy Council and Parliament how sometimes mixed. SECT. II. Of the Princes of the Blood. Of the seven degrees of the Blood Royal, whose places are appointed by the Act of Precedency, That any of the seven are Prior to all other degrees of Nobility, That in their absence the Archbishop hath precedence. SECT. III. Of the King's Vicegerent. Declaring the King's Supremacy in the Church of England, The great power granted to the Vicegerent, in Church affairs, None made since the 31 of H. the 8th. but supplied by Bishops. SECT. iv Of Bishops. The Antiquity, of Bishops, The meaning of the Word, Of their Jurisdictions, Of the Convocation Houses where they sit, as Bishops, and in Parliament upon a Baronial account, How placed, Called Lords Spiritual, Anciently they did manage the Chief Offices of the Kingdom, Of their Privilege in the Lord's House. SECT. V Of the Lord Chancellor or Lord Keeper, Referred to Chap. the 8th. SECT. VI Of the Lord Treasurer Referred to Chap. the 9th. SECT. VII. Of the Lord Precedent of the King's Council. Of its Antiquity, Discontinuance, and Supply, Of other Lords Precedents. SECT. VIII. Of the Lord Privy Seal It's Antiquity and several Titles, How granted, Considered as Master of Requests, Of his Seals, and other Seals, Of his Clerks concerned in the Summons of Parliaments, Of his Antiquity in Sitting in the Lord's House, Formerly supplied by ecclesiastics, now by Temporal Lords, These three last mentioned Great Officers are thus Placed whether they be Nobles or not. SECT. IX. Of the Lord Great Chamberlain. Raised by Merit, Had lands given to hold in Grand Sergiantry consisting of great, Immunities, The Antiquity of the Title Conferred on some Noble Person whereby he sat in Parliament, Made Hereditary his Employments in Accommadations for Parliaments. SECT. X. Of the High Constable. His Antiquity since the 12 of Hen. 8. granted but pro hac vice at Coronations etc. Their Power formidable to former Kings, Devolved into Lord Marshal, Of other Constables of lesser Qualities but still of gaeat use, Of such of the Higher sort as were formerly Summoned to Parliaments. SECT. XI. Of the Earl Marshal. Of his Power and Jurisdiction, Of the Original of the Title, Of the Courts and Offices under him, especially the Court of Chivalry, and Heralds, A description of them, Of their Employments relating to Parliaments, Of the Earl Marshals Summons to Parliaments, and how it became Hereditary. SECT. XII. Of the Lord Admiral of England. How the Title sprung, Of his Power and Jurisdiction, guided by the Civil Laws (not repugnant to the Common) Always placed in the hands of some of the Chief of the Nobility, Had anciently their Sumons to Parliaments, and so continue. SECT. XIII. Of the Lord Steward. Of the Orthography of the Name and Antiquity of the Office, Of several Offices under that Title, and particularly of the Title of this Office, and of his Ancient and Present Summons to Parliaments, and of his Uses there. SECT. XIV. Of the Lord Chamberlain of the King's House. Of his Authority and usefulness before in Parliaments, Of Ancient Precedents of Summoning him to Parliaments. SECT. XV. Of the Principal Secretary of State. When the Act of Precedency was made he was the 12th. Officer of State (a Number of Esteem) the difference of his Writ, when his Summons are single, without annexing some Noble Degree to it. CHAP. V. SECT. I. Of the Decrees of Nobles. From whence the word Nobility is derived, Divided into Majores and Minores, The Majores into 5 degrees, the Minores into three, the Majores makes the Lord's House, the Minores the Commons House. SECT. II. Of Dukes. Duke from the Latin word Duco & Dux, Anciently Earls were Prior to Dukes in England, How Dukes got the Priority: Of the several Titles attributed to Dukes; Duke and Earl promiscuously used, And of the name Grace applied to Dukes in England: Dukes were in England before they were formally Created; The time when Created, Of two sorts of Dukes how distinguished, (A Duke as General) is not provided for in the Act of Precedency as other degrees of official honours are. SECT. III. Of Marquesses. When begun in the Empire, and in France, When in England: the reason of placing him between Duke and Earl: From whence the Title is supposed to come, Noble Actions caused Noble Titles, and by some Hereditary. SECT. iv Of Earls. Of the word Comes or Count signifying Earl, 6. sorts of Counts (according to Selden) 22. sorts (according to Cassiadore) 3. sorts in England, Of the incongruity of the words Comes and Earl; and from whence the word Earl is derived, when first given in England Titutarly, and upon what occasion; when by Creation, Of the Tachygraphy of the word Earl, Of the Ancient Titular and Created Earls little difference, Of Local and Personal Earls here in England. SECT. V Of Viscounts. Sometimes considered as Equal, sometimes of a lesier degree than an Earl, Two sorts in England, why the Hereditary Viscount interposed to Earl and Baron, Of the first Created Viscount in England, of the Parliamentary dignity of the one, and Official Dignity of the other. SECT. VI Of a Baron. Of the word Baron, the Baronial Tenors were the foundation of the Superior Tenors and Degrees, Of Contributions to the King from Barons Spiritual: Barons how Exempted from Contributions, Of several other sorts of Barons, The advantages of Created Barons. CHAP. VI Of the Writ to Princes of the Blood Royal. Of the Writ to Edward Earl of Chester Eldest Son to King Edward the 2d. Anno 15. Ed. 2. And the Writ to James Duke of York 13. Car. 2. Compared, Observations on both Writs, A Recital or Numeration of the Exemplars of Earls, Princes, and Dukes of the Blood from Edward the 2d. to this Parliament 1661. Observations on the Title of York, the Consimilar to the Duke of York, Observations on the Consimilars. CHAP. VII. Of the Writ to the Archbishop and Bishops with Observations. Reasons for incerting this Exemplar in this Place, showing that the Idolatrous Jews brought in Paganism into Britain, managed by Druids and Bards, after by Arch-Flamins, and Flamens (which were Pagan Priests) Afterwards Christ Himself or his Apostles, or Disciples, or some of them brought in Christianity into Britain: Bishops had Eleven several Titles (according to several Regions) given to the first managers of Christian Religion: All included in the Word Bishop as Inspector or Father: Of the Antiquity of the word Bishop, Aristobulus the first Bishop of Britain, who were his Successors, Of King Lucius his message to Pope Eleutherius and the Pope's answer about the first ordering of Christian affairs in Britain: Of Linus the first Bishop of Rome and his Successors till the time of Lucius and Eleutherius (all subsequent to Aristobulus) The Amity between the Bishop of Britain, and the Bishop of Rome, (in that time without any discord about Supremacy) Afterwards the Bishop of Rome assumed the Title of Pope, and also a Supremacy to Britain, and planted their Dependants there; some small Endeavours to oppose it, but Fruitless: Of several Laws made to lessen the Power and Revenue of the Pope in Britain; (from the 9th. of Hen. the 3. to the 5th. of Hen. the 5th.) Of other ways used by Hen. the 8th. from the 9th. of his Reign, till his death in support of his Supremacy, What Countermines were used by the Pope, Historical passages from Hen. the 8ths. Death to the dissolution of this Parliament Anno 1678. against and for the Papal Interest, Of the the Titles of Defensor Fidei & Supremum Caput, how Used, disused and altered from the 12. of Hen. the 8th. to the 13. Car. 2d. Of Writs to Bishops before and in Edward the 2ds. time (having both the same and a greater Extension of Power, than what is given in the Writs to the Lords Temporal) and so to the 31. and 36. of Hen. the 8th. and the 13. of Car. the 2d. how they continued, and altered some Observations on the old Writs, Of the first Writ in the first Pawn of the 21. Pawns now remaining in the Pettibag, Observations on that Pawn: Of the 2d. Pawn there, Of the 3d. Pawn there, Of the Pawn of this Parliament begun the 8th. of May 1661. wherein Bishops were Omitted (though entered in all former Pawns) and the reasons of that Omission, Of their Writ of Restitution in the same year Aug. 1661. and where Recorded, Of their Consimilar Writs, Fifteen Observations on their Writs and Temporal Employments. CHAP. VIII. Of the Writ to the Lord Chancellor. Of the Original of the Office of Lord Chancellor, or Lord Keeper and of the Description of them, Anciently distinct but now United: Of their different Seals, Of their eminent Employments, Seats, and Stations in the Lord's Houss: Of his single Writ of Summons as Assistant and of his other Writ (if otherwise dignified) The Office anciently disposed of to Ecclessiasticks and of later years wholly to Laics, Of some difference between the Warrant and Writ to Sr. Edw. Hid, The form of the Writ, Observations on this Writ and the nature of the Office. CHAP. IX. Of the Writ to the Earl of Southampton, Lord Treasurer of England and to the Nobles not of the Blood. Of the form of the Writ to the Lords Temporal, Observations upon it, that the Degrees of Nobles (viz.) Dukes, Marquesses, Earls, Viscounts, and Barons) and Titles of the Officers of State are still intermixed in the Writs with some of those five Degrees, Which of these Degrees are usually made Exemplars, Of the Antiquity of the method used herein, Of their Consimilars, Observations concerning the various applications of the Titles, Chevaleer, Dominus, Miles, Eques Auratus, & Bannerettus. CHAP. X. Of Patents, of Creation enabling the Lords Patentees to sit in Parliament. The difference between Writs and Patents and advantages of Patents, what the word signifies, Patents of 3. sorts viz. of Confirming, Reviving and Creating, (that is, given where none was before,) The form of those 3. sort of Patents, Their ellegant preambles, The Patents consisting of 4. parts, Of the distinct form of the Patents to Dukes, Marquesses, Earls, Viscounts, and Barons, impowring them to sit in Parliaments, Of the Confies of Ancient Patents, Of Creation money, Of the difference in the former and late value of moneys. CHAP. XI. Of Lords and Peers. Of the words Dominus & Pares, or Lords and Peers, what the words signify, When Peers used in France, and of their number there: when in England and of their number there, Of the words Praelates, Magnates & Proceres how to be appyed, Who properly called Peers, how placed in the Lord's House, the words Generally applied and promiscuously used, the number, increase or decrease according to the pleasure of the King, a Corrollary on the Subject. CHAP. XII. Of Proxies in the Lord's House. Of the word Procurator, Proxy & Proctor considered as distinct appellation, Proxy only proper in the Lord's House, Licenced by the King, and to whom, and sometimes denied, A Proxies double vote, when Proxy made, sometimes before, and sometimes in time of Parliament, and how many allowed, the Ancient way to be Licenced upon any petition to the King, Of the Licence where to be entered, Of Tacit Licences, Of the form of Licences at this day for a Lord Spiritual, as also for a Lord Temporal, how to be returned, Of the Titles which entitle Proxors and Proxes to be such, The difference of Prox Writs, before the sitting of a Parliament and after Prorogations, How long they continue, Of their places in the Lord's House. CHAP. XIII. Of Assistants in the Lord's House. The Assistants are generally professors of the Laws the virtues arising from that Profession, it is the path to wisdom: How called Laws: The ancient way of distributing them; The benefit of good Laws in any State, The Revenues, Honours, Profits, Places, and other Rewards given to the Professors of them: Entitled Justices and Judges etc. Divided into 3 Orbs or degrees; The several sorts of Laws in which they are to be conversant, of the Titles of the chief professors, 1st. Of the Chief Justice of the King's Bench with general observations on his Writ of Summons to Parliaments, Of his Patent and Jurisdiction. 2ly. Of the Master of the Rolls with observations on his Patent and Writ and Office: Of the chief Justice of the Common Pleas with observations on his Patent, Writ, and Jurisdiction, 4ly. Of the Lord chief Baron with observations on his Patent, Writ, Jurisdiction, 5ly. Of the 3 other Justices of the King's Bench, 6ly. Of the 3 other Justices of the Common Pleas 7ly. Of the 3 other Barons of the Exchequer with observations on their Writs, Patents, and Jurisdictions, 8ly. Of the King's Sergeant at Law with observations on their Writs, Patents, and Employments, 9ly. Of the King's Attorney General of his Writ, Patent, and Employment, 10ly. Of the King's Solicitor General, of his Writ Patent, and Employment, 11ly. Of the King's Principal Secretaries of State, of their Writ, Signet, Precedencies Employments, and Influence. CHAP. XIV. Of Accidental Writs of Summons. Of Ancient Writs to Justices of North-Wales, Treasurers of Wales, Arch-Deacons Eschetors etc. and of late to several Officers of the King's Court: and to the Lord Chief Justice to supply the Lord Chancellors, or Lord Keeper's place in case of sickness etc. CHAP. XV. Of Returns of Writs. Of the manner of returning all the forementioned Writs, different from the return of Writs concerning the House of Commons. CHAP. XVI. Of Masters of Chancery. That they sit in the Lord's House without Writ or Summons; How they were Employed anciently, and how in latter times: of the word Magister, and how applied. CHAP. XVII. Of the Clerks of the Lords House. Some by Patent sit there, but none by Writ, others neither by Patent or Writ, but ex Officio; Of the several sorts of Clerks Employed in the House of Lords and in Trials of Peers etc. CHAP. XVIII. Of the Gentleman Usher of the Black-Rod. When and how Instituted, and how Employed: CHAP. XIX. Of the King's Sergeant at Arms. Of their Antiquity, how different from Sergeant at Law, or other Sergeants of their Number and nature of their Employments both in time of Parliament and out of it. CHAP. XX. A Corollary to this first part of the Constitution of Parliaments. Showing what is intended to be spoken of in the following parts of this treatise. Observations on the Names and Titles of our English Kings. THe Learned Mr. Selden having bestowed an Excellent Addition to Libraries, by his book of the Titles of Honour, and Sr. Edward Cook thinking it a necessary part of his Institutes, for a Student to be well versed in the several Titles of our Kings, and knowing that the substance flowing from those Titles are the chief Subjects which are handled in Parliaments, I think fit to give a light touch (by way of Preface) to the several words of the Title in the King's Warrant, as also in the Title of his Latin Writs, which are mentioned so often in the following discourses. viz. Charles the Second by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc. Carolus Secundus Dei Gratia Rex Angliae, Scotiae, Franciae, & Hiberniae, Defensor Fidei, etc. First, It may be observed that all our Kings before, and since the coming in of the Normans, have been Ushered into that Regal Dignity by their Christian Names, whereof from that time we have Ten several Appellations. viz. One Stephen, 1 John, 1 Marry, 1 Elizabeth, 1 James. 2 Williams, 3 Richards, 6 Edwards, 8 Henrys, 2 Charles, but of all these Ten Names Charles must have the Honour of Priority given to it. To prove this, I shall trace their Progresses through Empires, Kingdoms, Principalities, and States, under Secular Governors, (not meddling with Ecclesiastical) and first of the Name Carolus, or Charles, Concerning which, I shall not go so far back as Charellus Prince of Lacedaemon, but since Christianity was first, Charles I find that the Name Charles or Carolus (for they are agreed to be the same) had its first splendour from Charles Surnamed Martill (a French King) in Anno 714. (who was the first that had the Title of Most Christian King and from whom came Caroloman and Charlemagne in Anno 778) and after viz. in Anno 800 the Name of Charles went into the Empire, and in Anno 1119 into Flanders, In Anno 1150 into Swethland, In Anno 1263 into Naples and Sicily, In Anno 1310 into Hungary, In Anno 1346 into Bohemia, In Anno 1601 into Scotland, (King Charles the first being there Born,) And in Anno 1625 into England, (the same Charles being then King) so as our Present King Charles the 2d Immediate Heir to Charles the 1st. is the Second King of that Name in England, and Scotland, and that Name of Charles is the first of any of the aforesaid Ten Names affixed to any Diadem in Europe. Edwardus or Edward, Edward began but in the time of Edward the Elder, who was the 24th. King of the Saxon Race and 25th. Monarch of England, And he in Anno 901 gave the first reputation to it, In Anno 1332 it went into Scotland, And in Anno 1334 Carried into France by our Edward the third (who laid Claim to that Crown) And in Anno 1433 it went into Portugal, continuing still in England (with some interpositions of other Names) till Queen Mary came to the Crown in Anno 1553. Henricus or Henry began in the Empire of the East, Henry Anno 919, and in Anno 1101 came into England, from thence Anno 1192 it went into Bohemia, thence Anno 1206 to the Emperor then at Constantinople in Greece, In Anno 1214 to the Kingdoms of Leo, and Castille, In Anno 1271 to the Kingdom of Navarr, In Anno 1422 carried into France by our Henry the 6th. (who was then Crowned in Paris King of France) And in Anno 1573 it went into Poland, so as this Regal Name of Henry continued in England from Anno 1100 (with some interpositions) till Edward the 6th. Anno 1546. Stephanus or Stephen the 1st. that made his Name famous was Stephen a Martyr for Christianity, Stepten but it was not annexed to any Regal Title, till Anno 997 in Hungary, and thence in Anno 1135 it came into England, (yet never fixed there, but on one King) And in Anno 1576 it went into Poland. Guilielmus or William began first as a Regal Title in Sicily and Naples, William Anno 1023 and thence, and in Anno 1066 it came into England, where it never fixed but on two Kings. Johannes or John, John the first who made this Name famous was John the Baptist and John the Evangelist, but it was not a Regal Title till Anno 1118 and then the Emperor of the East assumed it, And in Anno 1199 it came into England, (determining in one King) from thence in Anno 1222 it went to the Emperor at Adrianople, And thence in Anno 1303 into Scotland, In Anno 1310 into Bohemia, In Auno 1350 into France, In Anno 1379 Into Leon and Castille, In Anno 1383 into Arragon, In Anno 1387 into Portugal, In Anno 1405 into Flanders, In Anno 1418 to Navarr, In Anno 1478 to Denmark, and way, In Anno 1492 to Poland, And in Anno 1597 to Hungary. Note, that there were 23 Popes of this Name John, and 10 Stephens, but I here speak only of the Regal Names of Secular, not Ecclesiastic Princes, and it may be observed, that none of the Popes have taken on them any of our 10 Regal Names Except John and Stephen. Richardus or Richard, Richard was not a Regal Title till Anno 1189 and then it came first into England, and continued (with some interpositions) till Anno 1485 when Hen. the 7th. came to the Crown, nor was the Name of Richard either before or after those years, fixed to any Regal Title in Europe, unless Ricarodos in Spanish do signify Richard in English. Jacobus or James, James (not meddling with Jacob the father of the Twelve Patriarches, or James the Apostle but upon a Regal account it was not fixed to any King till Anno 1213, than it began with the King of Arragon, Thence in Anno 1286 into Sicily, and Naples, In Anno 1423 to Scotland, In Anno 1603 to England, given a Title to that happy Union of England, and Scotland by King James. Maria or Mary, Mary had the suprem Honour to be Mother of our Saviour but it was not annexed to any other Regal Title, till Anno 1310 in Hungary, and from thence Anno 1476 to Flanders, Then in Anno 1542 to Scotland, And in Anno 1553 to England. Elizabetha or Elizabeth, Elizabeth had the Honour to be Mother to John the Baptist, but was not annexed to any Regal Title till Anno 1438 in Hungary and from thence Anno 1538 it came into England. Thus having traced the Perambulation of their Ten Names through most parts of Europe I shall pass to the next Epithet in the King's Title, viz. Secundus or Second, Second and see when a Numeral Appellation was first made Titular to our Kings, and here it may be observed that our Kings had Anciently Adjuncts to their Christian Names; to distinguish them from others of the same Name, as Edward the Elder, Edward the Confessor, in the Saxons time, and in the Normans, William the Conqueror, and William Rufus and after him (other Titles signifying their tempers) but not Numeral, till Henry (who was the 8th. of that Regal Name in England) and he in the 10th. year of his Reign did first begin to write himself Numerally Henricus Octavus: And after him Edward his Son did write himself Edwardus Sextus, and ever since in our Histories and Records, where there hath been since William the first, two or more Kings of the same Christian Names; the Numeral Appellation is added, and there upon our present King Styles himself in all Writs and Warrants, as well Parliamentary as otherwise, Carolus Secundus or Charles the Second. Gratia Dei by the Grace of God; Grace of God. Neither the Letters D. G. (denoting Dei Gratia) nor the words Dei Gratia (or the Grace of God) were used as Adjuncts to our King's Titles, till William Rufus his time and after that, there were some intermixtures (as Sr. Edward Coke saith) but according to Mr. Speeds Medals and some others; the Letters D. G. and the words Dei Gratia were first used by Edward the Confessor, King and constantly after William Rufus by every succeeding King without omission; King or Cuning according to the British or Saxon Dialect (signifying the same with Rex) and is not used in any Parliamentary Writs, nor in any Circumscription of our Coins, but Rex (being a word as Ancient as the Latin Tongue is used in all our Writs, as well Parliamentary as Judicial) and may be traced in our Coins from the beginning of our Saxon Kings to the Danes with addition only of the Christian Name and then also Canutus the first of the Danes here, Styled himself only Canutus Rex; and others who succeeded him, and Edward the Confessor (the fourth Danish King) and 37 Monarches of England sometimes wrote Edwardus Rex, sometimes Edwardus Anglorum Rex, and sometimes Edwardus Anglorum Basilicus (according to the Greek word for King) so as the word Rex did go along from the Britain's to the Romans, Saxons, and Danes: Herald the last of that Race, and those before him writing only Rex with their Names, and so when the Normans Entered. William the first Styled himself only Willielmus Rex, and so did the succeeding Kings seldom using the word Basilicus till King James time. As to the Etymologies and Originals of these and other words in this Title I shall leave them to my Annotations, England but sometime our Kings wrote Rex Angliae, and some times Rex Anglorum (ever from Edw. the Confessors time) Now what Anglia or England contains, every Geographer tells us that it is surrounded by the sea Except towards Scotland, and as to the diversity of Names several Chronologers tell us that it was Anciently called Albion by the Greeks; Iniswen by the Welsh Poets, Insula Caeruly & Insula Florum by other Poets, and Britannia by the Greeks and Romans, Romania & Valentia only by the Romans Angleand, England and Britain by the Saxons, but when the Saxon Heptarchy was United under King Egbert, he by his Edict Anno 819 ordained it more solemnly to be called Britain (containing England, Scotland, and Wales, yet notwithstanding this Edict, it was sometimes called Albion, sometimes Britain, and sometimes England, and these various Appellations were used (as appears by History) under Ten successive Kings after that Edict, and then King Canutus the 10th. King from Egbert, and the first of the Danish Race, fixed the Name of England & that Name hath continued ever since, according to the English dialect; and Anglia according to the Latin (considered as disjointed from Scotland, and Wales) but upon reduction of Wales by Henry the 8th. and by the happy Union with Scotland by King James: the King's Title hath been more general, viz. Rex Magnae Britanniae, comprehending England, Scotland, and Wales, but not to be so understood in our Parliamentary Writs for they are applicable only to England and Wales, and not to Scotland though Scotland be mentioned in the Writs, and it may be observed that this distinction of England and Scotland were united under the Name of Britain by King Egbert Anno 819 but after that they were again disjointed, and though both did continue so disjointed near 800 years yet now the Ancient Name of Britain is restored (being bound by one Ocean and Governed by one King as it was 800 years before) and though it is now thus entire, yet England hath a distinct Parliament for its Laws, and Scotland a distinct Parliament for its Laws, and both distinctly consisting of 3 Estates under one King, so as in all Writs for Summoning an English Parliament, though Scotland be mentioned yet the operation of the Writs can only be applied to England. The addition of Scotland in the Title of our Parliament Writs, Scotland did begin with King James who happily united both Kingdoms as I said under one King, and so wrote himself Rex Angliae Scotiae etc. But they never send any Representative to our Parliaments nor we to theirs yet the King of Scots before the union had a Chair allotted for him in the House of Lords but never sat there yet he was sometimes Summoned as Earl of Huntingdon and so by virtue of that English Title might have sat there but not by his Regal Title until the said union. Although we had several inlets to France by Normandy, France Anjoy Poictors Tourny maine etc. yet the addition of King of France to the Title of English Kings was not till Edward the 3ds. time, who had a Just Title to it, and there upon did Quarter the Armies of France, But Hen. the 6th. was actually Crowned King of France in Paris, and from these two, the Title and right hath continued ever since (though dispossessed) and as I shall show in the second Part of this Treatise that Calais did send Burgesses to our English Parliaments, for many years till it was Lost by Qu. Mary. Ireland The Title of Rex Hiberniae was as Ancient as our King Hen. the 2d. who created his Son John the King thereof, yet for what reason of State (otherwise than what I shall mention) in the 7th. Chapter) that Title of the King of Ireland was never annexed to the regal Title of the Kings of England till the 33d. of Hen. the 8th. and then to his other Titles he added Rex Hiberniae, before it was only Dominus, and their Parliaments, are framed like our English Parliaments, yet Subject to the King's pleasure in confirming of their Laws here in England, See more of this in Chap. 7th. As to this part of the King's Title viz. Defender Defender of the Faith, I shall speak more fully of it in the 7th. Chapter, Or etc. id est other Titles which were formerly, and may still be added as you may Read also in the 7th. Chapter, etc. Section the 11 and 12. Thus having passed through the General words of the King's Titles in his Warrants. and Writs: now in observance to Sr. Edward Coke, I shall make a Summary of the particular Titles of our several Kings, from William the first Inclusive to this time, showing what words were added or withdrawn. When the Normans entered, William the first styled himself sometimes Willielmus Rex, and sometimes Rex Angliae & Anglorum, (as other former Kings) Omitting Dei Gratia (as the Institutor saith though I am not satisfied therein) and not adding Primus. William surnamed Rufus had the same Title, yet sometimes adding Dei Gratia, not adding Secundus. Henry styled himself Rex Anglorum, and sometimes Dei Gratia Rex, not adding Primus. Stephen did the like. Henry did the like but Omitted Dei Gratia (as Sr. Edward Coke saith) but in the Coins which Mr. Speed Exhibits to us his stile was Dei Gratia Rex Angliae Dux Normaniae & Aquitaniaes & Comes Andegaviae, not adding Secundus. Richard not adding primus used the same sometimes Changing the Declension, and the singular Number into the plural, viz. Dei Gratia, Rex Anglorum, Dux Normanorum & Aquitaniarum & Comes Andegaviarum. John used the same with Addition of Dominus Hiberniae. John Henry styled himself like his Father King John, till the 44 of his Reign, and then he left out Normaniaes & Andegaviae, and writ only Dei Gratia, Rex Angliae, & Dominus Hiberniae, & Dux Aquitaniae, not adding tertius. Edward the 1st. and Edward the 2d. styled themselves like Henry the 3d. Edward used also the same stile till the 13 of his Reign, Edward and then having, and Challenging a Just Title to all France he left out the parts of it (before mentioned) and styled himself Dei Gratia Rex Angliae, Franciae, & Dominus Hiberniae, not adding Tertius. Richard and Henry, not adding Secundus or Quartus styled themselves like Edward the 3d. from the 13 of his Reign. Henry not adding Quintus used the same stile till the 8th. of his Reign, and then writ himself Dei Gratia Haeres & regens Franciae & Dominus Hiberniae. Henry not adding Sextus being Crowned King of France in Paris wrote Dei Gratia Rex Angliae, Franciae, & Dominus Hiberniae. Edward, Richard and Henry not adding Quartus Tertius vel Septimus, style themselves Dei Gratia Rex Angliae Franciae & Dominus Hiberniae. Henry writ also the same till the 10th. of his Reign as I said and then, and not before, he added a Numeral word to his Title and so made it, Henricus Octavus Dei Gratia Rex Angliae Franciae & Dominus Hiberniae; Now as to the Additional Titles to Henry the 8th. after his 10 years they Consisted of so many varieties that I shall refer them to the 7th. Chapter of this Treatise Section the 11) As also the Titles of Ed. the 6th. Q. Marry, Q. Elizabeth, K. James, and K. Charles the first. In which Chapter and Section I conclude with the Title of our present King Charles the 2d. viz. Carolus Secundus Dei Gratia, Rex Angliae, Scotiae, Franciae, & Hiberniae, Fidei Defensor. viz. as in the Warrant. And so having shown how the ten Names of our Kings from the Normans have been dignified by Kings, Emperors etc. Especially the Name of Charles by its Priority which is the more remarkable, because that by Transposition only of its Letters it doth Anagrammatise and render it O CLARUS Anagram. CAROLUS Anagram. This Anagram may be applied generally to all of that Royal Name, and it may be one reason why so many Kings in Europe do at this day own that Name, and possibly another reason of assuming it, may be to amuse the World about Grebner's Prophecy, viz. that Carolus E stirpe Caroli, Erit Carolo Magno Major, but none can pretend to a greater interest in that Prophecy, than our present King Charles the 2d. being so punctually and Signally ex stirpe Caroli. How ever I am sure nothing can be more particularly Prognostical and Applycable to any Regal Charles (than this following Anagram) to him being made when he was born Prince of Wales, which I have ever since kept safe by me. CHARLES PRINCE OF WALES. Anagram. ALL FRANCE CRIES O HELP US. As to the uses which shall be made on these regal Names, their Progresses and Anagrams (being not the proper Subject of this place) I shall refer them to my Annotations and proceed to Observations on the Warrant of another Nature. THE INTRODUCTION Showing how a Parliament CONSISTS. Section I WHen Families increased into Villages, Towns, Cities, large Countries, Kingdoms, and Empires, under one Father or Conductor, (for all other Governments are collateral to Paternal and Monarchical) there was a necessity to Constitute a Supreme Council of the chiefest and wisest men selected from the multitude, as might keep such extended Dominions in a perfect Unity and Obedience to their Original Father or Monarch. The end of this Constitution was both for Conservation of the Original Family or Potentate, who did thus Constitute them, or for his own ease in managing the common interest of Safety and Plenty. That their proceed in their Councils might have the more solemn Effects and Veneration, several Nations in imitation have since given distinct names to their Supreme Council erected, as distinctions to those which were more Subordinate. Thus the Jews (from whom we derive our most credible Memoires of Antiquity) had their Supreme Council called the Sanhedrim, consisting of secular Persons, viz. One Prince, (as their chief Head) besides Seventy others of mixed natures, they had also another great Council altogether Ecclesiastical, called a Synagogue, and other lesser, in the nature of our Convocations, and sometimes all did meet at the great Sanhedrim, (which was only kept in Jerusalem) and this was the Supreme Council, as may be seen in the 26th. ch. of Jeremiah, v. 8. who was condemned by the Ecclesiastical Consistory of Priests, and absolved by the Temporal or great Sanhedrim of Princes, or chief Council, as may be more fully seen in that Chapter and in the Jew's Antiquities. And to pass the Ariopagus among the Athenians, we read that the Old Romans also had their Great Council called a Senate, consisting of 300. Laics chosen out of the Nobiles Majores & Minores, and their Consistoriani, where their Senate did sit: and their Comites and Consistoriani (as Members thereof) did somewhat resemble the Constitution of a Parliament: they had also a Pontifical College consisting of ecclesiastics; but the name of Senate at Rome, hath been long since drowned, since the fall of that old Roman Empire, for at Rome the name of Senate is now altered into that of Consistory, (and in the vacancy of the Pope, or See of new Rome, it is called a Conclave) and now the Empire of Germany (which did arise from the ashes of the old Roman Empire) being shivered into several Proprietors (lest it should grow again too great) was brought to a Diet, for so the chief Council of that Empire is called. Yet the old State of Venice still keeps the name of Senate for her great Council, and the chief Council in France is called an Assembly of States. But here in England we have the name of our chief Council from Romans, Saxons, Normans, and lastly from the French, for it hath been called by those, Senatus, Curia altissima, Michael Synoth, Assisa Generalis, and many more names, some of which I think fit to render in English, viz. Senate, the great Synod (or meeting of the King, and of the Wisemen) the highest Judicatory, the General Pleas, the Great Court, the Common Council of the Kingdom, and the General Assize. At last, in the time of Henry the Third, or Edward the Second, all these Names were reduced to the word Parliament, which was then borrowed from the Language and Name of the chief Councils in France (in many of which Provinces and Parliaments our Kings had then a considerable interest.) I do here mention, that the Original of this Name did begin with us in Henry the Third, or Edward the Second time, but Sir Edward Coke, in his Institutes, is pleased to cite one Precedent before the Conquest: When (saith he) the word Parliament was here used, but it seems it did not continue a fixed name of Parliament from thence; for at the great Council, held by Henry the First at Salisbury, consisting of the three Estates, viz. Lords Spiritual, Lords Temporal, and Commons, it is called by the Name of Council, and not Parliament, (as some other Writers have mistaken,) However, it was not used again, till once in Henry the Third's time, as some say; but we are certain, that it was used in the 15th of Edward the Second, (as I shall show from safe Records) and after Edward the Third was Crowned King of France, then, and ever since, this great Council of the whole Kingdom hath, without variation, gone by the Name of Parliament. And though, as that learned Institutor observes, That the French Parliaments were lesser Courts subject to the Assembly of Estates, yet that Assembly of Estates was but originally a grand Parliament, constituted of those lesser Estates or Parliaments, and those did anciently consist of Lords Temporal, Commons, and Clergy, (for in that rank they are cited by Comines, Comines, p. 226. (an approved Author.) However, since the 15th of Edward the Second, we have not altered its name, only a little in Orthography (which hath made work for that learned Institutor and other grave Writers on this Subject about its Etymology) so by Example of those Worthies, I may venture to cull out one, (intending to speak of the rest in my Annotations,) viz. Parliament, i. e. a Parley of minds; and to this Etymology I may add this definition, That our Parliament consists of a certain number of Men, of certain Degrees and Qualities, Summoned by Writs from the King, to meet together in some place appointed by those Writs, to parley or confer their minds to each other for the good of the Public. This Definition will be more fully proved in this following Treatise; yet, before I confirm it at large, I think fit to give a brief and intelligible Explanation of it (in relation to a Parliament here in England.) To that end I shall first set down the Nature of our Monarchical Government, and then we shall more easily understand the Constitution of our Parliaments. It is generally held, That the frame of this Monarchy consists of a King, and of three Estates subordinate to him. The first Estate, mentioned in all our Acts of Parliament, is Spiritual and Ecclesiastical, governed by the Lords Spiritual; and this Estate hath Jurisdiction over the whole Kingdom, not only considering the effects upon our Souls, but in its civil latitude and dimensions, as having an influence and interest in every individual Man, Woman, and Child, and in most of the Products of the Earth from their first Being to their Dissolution; and this in all the fifty two Counties of England and Wales; but for the distinction of the Civil and Ecclesiastical Jurisdiction, these are comprised into a lesser number, viz. of twenty six, and are called Dioceses, as being given to them from God by the hands of the King, to whom they acknowledge a subordination. The second Estate (and so mentioned in our Laws) is the Lords Temporal, or rather Militial, having the Lieutenancies of all the Counties of England and Wales commited to their Trust, Care, and Charge; and to these belong the managing of Embassies, Treaties of War or Peace, and all honorary Actions, both Foreign and Domestic, as the King (who is the Fountain of Honour) does usually confer upon them. The third Estate is the Commons, (also mentioned in our Laws) and this also subordinate to the King; and these consist of Gentry (Men of fixed and settled Fortunes, designed for things of Gallantry and Hospitality) and of the Yeomanry, comprised under several appellations, viz. Husbandmen, Artificers, and Labourers, all driving on a Commutative Commerce, as well to supply themselves as others with what the Land or Sea affords, either necessary, convenient, ornamental, or superfluous. Besides these three, there are three very great Interests, which are not called Estates, but Assistances, and in truth they are the very Supporters of these three Estates: viz. The first, Religion, the second, Law, the third, Trade. 1. Religion is to be managed by the Clergy of several Degrees (as will be shown) some neither Freeholders, nor Freemen) by their winning of men with a persuasive or exemplary Power, into all Pious and Virtuous Actions, whereby the Souls and Minds of Men may be united to Love and Obedience; and this is the cement of Unity (to the three Estates.) 2. The Laws are managed by Lawyers of several degrees (some neither Freeholders, nor Freemen) by instructing Magistrates in their compulsory Power, when occasion requires, so as both the Laws of God and Man may be duly observed, and that such whom the Clergy cannot invite to Piety, and Virtue, by Precept, and Example, may be compelled to it by the Rigour of the Laws, and this is the cement of Severity to the three Estates. 3. Trade is managed chief by Merchants, (some also neither Freeholders, nor Freemen) these give life to Industry, whereby the Rich do help the Poor, and the Poor the Rich, and thus Trade, Commerce, and Industry, are as necessary Cements to the Three Estates, as either Religion or Law (respecting only what morally concerns Justice and Obedience) and this is the Cement of Prosperity to the whole Fabric. So we see that as there are Three Essential Estates, so there are also Three Essential Assistances or Supportations of those Estates, and without which those Estates cannot well subsist. Now out of these Three Estates in general the King doth abstract a Parliament. For when He gives notice of his intentions to have one, he order Writs to Archbishops and Bishops, who are chief to manage the concerns of the Clergy. At the same time He also orders Writs to such of the Nobility as He or His Predecessors have either by Patent created to that employment, or otherwise invested with some right thereunto, who are chief to manage the concerns of the Nobility and Kingdom. At the same time He also orders Writs for Electing such a number of Commons out of Counties, Shires, Cities, and Burroughs, as may manage the concerns of the Commonalty, and yet these three Estates thus distinctly Summoned, are so admirably intermixed in this Supreme Council or Parliament, that these three Estates in that Council seem to have an interchangable power and check on each other, in the more Safe and Wise carrying on the Affairs of the whole Kingdom, considered either at Home or Abroad. And as the Government of the Kingdom hath three sorts of Assistances, (as is before shown) so those three sorts of Assistances are disposed into three sorts of Assistants. For the Bishops have a certain number of Deans, Archdeacon's, and Proctors, culled out of prebend's, Parsons, Vicars, and the Clergy in general, as may be Assistants to the Episcopal Interest. The Nobility have a certain number of Lawyers, (viz. Justices of the Respective Benches and Courts of Judicature in Westminster-Hall, (as will be shown) culled out of the Profession of Lawyers, to be Assistants to them. The Commons have the bulk of every County contracted into Two Knights, or one, for each County, and of Two Merchants for each City, and of Two lesser Traders for each Burrow, and yet the Electors of them are not so confined to the Persons Eligible, but that such as they hold fit to manage such Employment, are capable to be Elected, though they be not Knights, Merchants, or Traders, yet they are confined to a set number, (as I said) and of qualified Persons, as well to preserve the Honour of it, as to prevent a surcharge of too great a concourse to this Assembling of a Parliament. By this easy demonstration it is evident that the Lords Spiritual (consisting of Archbishops and Bishops, (Successive but not Hereditary) do Sat in the Lord's House, and there Represent the whole Clergy of this Kingdom. The Lords Temporal consisting of Dukes, Marquesses, Earls, Viscounts, and Barons, which Five Degrees by a Nobilitated Interest, Hereditary and Successive, do Sat there also, Representing all the Nobility of those Degrees in the Kingdom. The Commons consisting of Knights, Citizens and Burgesses, (by an Elective Interest, neither Hereditary nor Successive) do Sat in the House of Commons, Representing all the Commonalty of this Kingdom. Over which Three Estates, the King for the time being ever was and still is esteemed by an Hereditary and Successive Right, the Supreme, and in the Eye of the Law, the Immortal Balance of these Three Essential yet Subordinate Parts, Interests or Estates of this Kingdom; I say Immortal, because our Laws do say that Rex nunquam moritur, and thereby gives him a clear distinction from the Three Estates. Now to undeceive some that would have the Three Estates to consist of King, Lords, and Commons, because our Government seems to be framed of Monarchy, Aristocracy, and Democracy: To clear their Judgements, the Monarchy stands single, but the Aristocracy is double, viz. An Aristocracy of the Lords Spiritual, and an Aristocracy of the Lords Temporal, to which add the Democracy of the Commons, and all is reconciled into Two Aristocratical Estates, and one Democratical, and the Monarchical as Superintendent to those Three, and so this Unity with the Triplicity, is the due constitution of our English Parliament, and indeed of the Kingdom itself. THE CONSTITUTION OF PARLIAMENTS. CHAP. I. The King's Warrant to the Lord Chancellor for Summoning the Parliament begun the 8th of May, 1661. CHARLES the Second, by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, etc. To Our right Trusty and well beloved Counsellor, Sir Edward Hid, Knight, Chancellor of England, Greeting; Whereas We by our Council for certain great and urgent Causes, concerning Us, the good Estate and Commonwealth of this our Realm, and of the Church of England, and for the good Order and Continuance of the same, have appointed and ordained a Parliament to be holden at our City of Westminster the eighth day of May next ensuing; In which Case divers and sundry Writs are to be directed forth under our Great Seal of England, as well for the Nobility of this our Realm, as also for the Election of Knights, Citizens and Burgesses of the several Counties, Cities, and Burrough Towns of the same, to be present at the said Parliament at the Day and Place aforesaid. Wherefore We Will and Command you forthwith upon receipt hereof, and by Warrant of the same, to cause such, and so many Writs to be made and sealed under our great Seal, for accomplishment of the same, as in like Cases have been heretofore used and accustomed. And this Bill signed with our Hand shall be as well to you as to every Clerk or Clerks as shall make or pass the same, a sufficient Warrant in that behalf. Given at Our Palace at Whitehall this Eighteenth Day of February, in the Twelfth Year of Our Reign, and in the Year of our Lord One Thousand Six Hundred Sixty and One. Observations and Proceed on this Warrant. THe King of England by his undoubted Prerogative hath (and his Predecessors ever had) in himself the Power of Summoning (as also to appoint the times of beginning, continuing, discontinuing, or dissolving) of Parliaments. This Summoning (for I shall speak of the rest in order) or Uniting the chiefest Parts of his Kingdom into a Parliament, (or Representation of the Kingdom in a less Body than itself) is performed by the King's Warrant, in his Name, and by his Authority only, as Supreme, not only of his Kingdom, but of its Representation; and from this Warrant all Writs of Summons for a Parliament are derived. The Warrant is in English, Signed by the King's own Hand, and Sealed with his Privy Seal, or Signet; but the Writs are always in Latin (or anciently some few in French) and are Sealed with the King's Great Seal in his Name, with a Teste of his Approbation (though not manually Signed or Sealed by him.) The Warrant is General, viz. for summoning the Nobility, as also for Elections of Knights, Citizens, and Burgesses, but the Writs derived from those Warrants are to particular persons, of particular degrees (as will be shown.) The Form of this Warrant is ancient, and hath had little or no variation (except in the leaving out of Abbots and Priors) ever since the 36 of Henry the 8th, and except in leaving out Prelates and Bishops in this very Warrant, whereby the Bishops had no particular Writs, before the sitting of this Parliament, but within three Months after, for which Omission Reasons will be given in the 7th Chapter. Before this Warrant was issued, the King (and so former Kings) did advise with their Privy Council (which is manifested by the Words of the Warrant, viz. Whereas We, by our Council) yet if these words had been omitted at any time, and not inserted in the Warrant, the Warrant was held good and sufficient for due Summons. However, (for public satisfaction) the words of every Writ are always (Quia de advizamento & assensu Concilij nostri) and this Council is called the King's Privy, or Private Council, (of which I shall speak more) and is the King's constant or standing Council, as well in time of Parliament as when there is none sitting: so as before this Magnum Concilium, or Parliament, is summoned, this Privy Council consults and deliberates concerning the Motives and Reasons for calling it, and after such deliberations and results, doth advise the King to send out a Warrant. And therefore I conceive it useful to set down the Names of such as were of the King's Privy Council, when the calling of this Parliament was advised and resolved upon. At the Court of Whitehall, Feb. 1660/1. The KING Present. His Royal Highness the Duke of York. His Highness' Prince Rupert. William, Lord Archbishop of Canterbury, (Juxon.) Edward, Earl of Clarendon, Lord Chancellor of England, (Hid) Thomas, Earl of Southampton, Lord Treasurer of England, (Wriothesley.) John, Lord Roberts, Lord Privy-Seal, (Baron of Truro.) John, Duke of Latherdale, (Maitland,) Earl of Guildford. James, Duke of Ormond, Lord Steward of the King's House, (Butler.) George, Duke of Albemarle, (Monk.) Henry, Marquess of Dorchester, (Pierpoint.) Montague, Earl of Lindsey, Lord great Camberlain, (Bertie.) Edward, Earl of Manchester, the King's Chamberlain, (Montague.) Aldjernoone, Earl of Northumberland, (Piercy.) Robert, Earl of Leicester, (Sydny.) Charles, Earl of Berkshire, (Howard.) Thomas, Earl of Cleveland, (Wentworth.) George, Earl of Norwich, (Goring.) Henry, Earl of St. Alban, (Jermin.) Edward, Earl of Sandwich, (Montague.) Arthur, Earl of Anglesey, (Annesly.) Charles, Earl of Carlisle, (Howard.) William, Viscount Say and Seal, (Fiennes.) Francis, Lord Seymour, (Baron of Troubridge.) Frederick, Lord Cornwallis, (Baron of Ai.) Anthony, Lord Ashley, (Cooper.) Charles Berkley, Knight and Baronet. Sir George Carteret, Knight, Vice-Chamberlain. Sir Edw. Nicholas, Knights, Secretaries of State. Sir Will. Morrice, Knights, Secretaries of State. After the Warrant is signed and sealed by the King, it is sent from the Signet-Office to the Lord Chancellor, or Lord Keeper, and Directions are given to the Heralds, to make Proclamation (at the Courtgate, and Capital City of London,) of the King's Resolutions (of which I shall speak more in the Chapter of Proclamations.) The Lord Chancellor, etc. upon the receipt of this Warrant, doth issue out his Warrant also to the Master of the Rolls, as the chief Clerk of the Pettibag-Office, in this Form: YOu are hereby required forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Temporal; As also for the Judges and others to appear at the Parliament, to be holden the 8th of May next, together with the several Writs of Election of the several Knights, Citizens, and Burgesses of the several Counties, Cities, Towns, and Burroughs within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, as also of the several Barons of the Cinque-Ports to serve in the said Parliament, in such Method and Form, and directed to such persons as are and have been usual in such Cases, all which said Writs are to bear date this present eighteenth of February, 1661. and for the so doing, this shall be your Warrant. Dated, etc. Upon receipt of the Lord Chancellor's Warrant, the Clerks of the Pettibag, by the assistance of the former Precedents of Writs (and anciently by help of the Masters of Chancery) and by advice with the Heralds (as to Titles and true Names of Persons) do fix a Schedule, or digest, or Forms of Writs to be issued. Which Schedule, or digest, they keep fairly engrossed in Parchment, as a Record in this Office, and this Record is then entitled the Parliament Pawn, and hath no other Name, which is, as they say, the awarding of several Writs for a Parliament. And this methodical Record is very ancient, (as may be collected, by comparing this with those which remain in the Pettibag.) And with the like Endorsments are the Clause Rolls in the Tower; but there are no more Pawns at present in this Office, than from the 21 of Hen. 8. to this of the 31 of Car. 2. making twenty in all. Formerly these Pawns, (or Records) some time after the dissolution of every Parliament (as will be shown) were carried to the Inrolment Office, and then among many other Parliamentary Matters (of weighty concern) transcribed into Parchment Rolls, and from thence (for more safety) carried to the Tower of London, where they lost the name of Pawns, and were and are still called Parliament Clause (or Close) Rolls: which I mention because I shall have often occasion in this Treatise to recite such Clause-Rolls, wherein the Pawns were for the most part inserted or endorsed. And in respect I do not find that any who have writ before me of Parliaments, have taken notice of those Parliament Pawns, (although they are Recorded and kept in the Pettibag, an ancient Office of Record) I have culled out one of the twenty, and made it the foundation of the whole Scheme of this Treatise. That there are no more Parliament Pawns in the Pettibag, than (as I said) from the 21. of Hen. the 8th. to the 13. Car. 2d. this reason may be given, that when they were again Enrolled and transmitted to the Tower, or Rolls Chapel, it might be thought needless to preserve them, in respect that from Ed. the 2. d. to Ed. the 4. th'. Inclusive, they are safely kept enrolled among the Records in the Tower, and from Ed. the 4th. to the 21 of Hen. the 8. Exclusive, they are kept safe amongst the Records in the Rolls Chapel, and from the 21 of Hen. the 8th. to the 13 Car. 2d. they are preserved amongst the Records in the Pettibag Office, and of these which remain in the Pettibag, that of the 31 of Hen. the 8th. is much defaced and interlined, but that of the 21 and all the rest from the 36 Hen. 8. are fairly engrossed and Legible, and Tied up in one great Bundle, the last of which made up for this Parliament of 13 Car. 2d. is here Verbatim Transcribed. In which, for want of Application to the Heralds, the Clerks have Committed many mistakes (I suppose (by long discontinuance of Methodical Parliaments) not being well instructed viz. In the Titles of the Lord Stourton, Lord Vaux, Lord Wharton, Lord Pagit, Lord Shandois, Lord Stanhop, Lord Charles Howard, Ld. Roberts, Ld. John Pawlet, Ld. Coventry, Ld. Frances Seymour, Ld. Bruce, Ld. Newport, Ld. Colpeper, Ld. Gerrard, Ld. Langdale, Ld. Hollis, Ld. Cornwallis, Ld. Delamare, Ld. Townsend, Ld. Ashly, Ld. Crew, and some others which shall be rectified in the 4th. part of this Treatise. However I thought fit to follow the Record Verbatim (except in the Marginal Figures and Notes which I have added, with Recommendation of Care for the future. viz. the 13. Car. 2d. is here verbatim transcribed. CHAP. II. The Copy of the Parliament Pawn of the 13. Car. 2d. Anno tertiodecimo Caroli secundi Regis. CAROLUS secundus Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Rex, Fidei Defensor, etc. Praecharissimo & dilecto Fratri suo Jacobo Duci Ebor'um & Albaniae magno Admirallo suo Angliae Salutem. Quia de Advisamento & Assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernent' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maii prox' futur' teneri ordinavimus & ibidem vobiscum ac cum Magnatibus & Proceribus dicti Regni nostri Colloquium habere & tractatum. Vobis sub fide & Ligeantia quibus nobis tenemini firmiter injungen'd mandamus quod consideratis dictorum Negociorum arduitate & periculis imminentibus cessante excusatione quacunque dictis die & loco personaliter intersitis nobiscum ac cum Magnatibus & Proceribus praedictis, super dictis Negociis tractatur' vestrumq' Consilium impensur' & hoc sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae praedict' expeditionemque dictorum negotiorum diligitis nullatenus omittatis. T.R. Teste Rege. apud Westm'd decimo octavo die Februarii Anno Regni sui tertio decimo. CONSIMILE Breve dirigitur Praecharissimo Consanguineo suo Ruperto Duci Cumbriae T. ut supra. Consimile. REX, etc. Archiepiscopo Cant' etc. Consimilia Archi ' Ebor & Episcop'. REX praedilecto & perquam fideli Consiliario suo Edro ' Dno ' Hyde Cancellar suo Angliae salutem Quia, etc. Ut supra usq' tractatum & tunc sic vobis mandamus firmiter injungen'd quod omnibus al'pretermissis predict die & loco personaliter intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negotiis tractatur' vestrumq' consilium impensur' & hoc nullatenus omittatis T. ut supra. REX Praecharissimo consanguineo suo Thomae Comiti South'ton Thesaurario Angliae Salt'm Quia, etc. ut supra usque tractatum & tunc sic Vobis sub fide & Ligeancia quibus nobis tenemini, etc. ut supra. T. ut supra. CONSIMILIA Brevia diriguntur Personis subscript' sub eodem dat' Videlt' Praecharissimo Consanguineo suo. Consimilia. GEorgio Duci Bucks. Carolo Duci Richmond. Georgio Duci Albermarl Exercituum suorum Generali. Duke's Three. JOhanni Marchioni Winton'. Marquis' Four. Edro ' Marchioni Wigorn'. Will'o Marchioni Novi Castri. Henr' Marchioni Dorcestr'. CHarissimo Consanguineo suo Montague Comiti Lindsey magno Camerario suo Angliae. Earls Fifty five. Jacobo Comiti Brecon' Senescallo Hospitii. Edro ' Comiti Manchester Camerario Hospitii. Alberico Comiti Oxon'. Algernon' Comiti Northumbr'. Francisco Comiti Salop. Carolo Comiti Derb'. Johanni Comiti Rotel'. Will'o Comiti Bedford '. Philippo Comiti Pembr' & Montgomeri. Theophilo Comiti Lincoln'. Carolo Comiti Nott'. Jacobo Comiti Suff'. Ric'o Comiti Dors'. Will'o Comiti Sarum. Joh'i Comiti Exon'. Joh'i Comiti Bridgewater. Rob'to Comiti Leic'. Jacobo Comiti North'ton. Carolo Comiti Warr'. Will'o Comiti Devon'. Basil'Comiti Denbigh '. Georgio Comiti Bristol'. Lionell'Comiti Midd'. Henrico Comiti Holland. Joh'i Comiti Clare. Olivero Comiti Bullingbrooke. Mildmay Comiti Westmoreland. Thomae Comiti Berks. Thomae Comiti Cleveland. Edr'o Comiti Mulgrave. Henr' Comiti Monmouth. Jacobo Comiti Marlborough Thomae Comiti Rivers. Henrico Comiti Dover. Henrico Comiti Stamford. Henr' Comiti Peterborough. Henr' Comiti Winchelsea. Carolo Comiti Carnarvan. Mountjoy Comiti Newport. Philippo Comiti Chesterfield. Joh'i Comiti Thanett. Jeronimo Comiti Portland. Will'o Comiti Strafford. Rob'to Comiti Sunderland. Georgio Comiti Norwic'. Nich'o Comiti Scarsdale. Henrico Comiti sc'ti Albani. Edr'o Comiti Sandwici. Edr'o Comiti Clarendon Canc' Angliae T. vicesimo nono Aprilis Anno praedicto. Arthuro Comiti Essex. Thomae Comiti Cardigan. Arthuro Comiti Anglesey. Joh'i Comiti Bathon'. Carolo Comiti Carlioled. vicesimo nono Aprilis Anno praedicto. LEicestr' Vicecomiti Hereford. Viscounts Eight. Francisco Vicecomiti Montague. Will'o Vicecomiti Say & Seale. Edr'o Vicecomiti Conway. Baptist' Vicecomiti Campden. Will'o Vicecomiti Stafford. Thomae Vicecomiti Falconberg'. Joh'i Vicecomiti Mordant. PRaedilecto & fideli suo Joh'i Nevile de Aburgavenny Chr'. Baron's Chevaliers Sixty eight. Jacobo Tutchell de Awdley Chr'. Carolo West de la War Chr'. Georgio Berkley de Berkley Chr'. Thomae Parker de Morley & Montegle Chr'. Francisco Dacres Chr'. Conyers Darcy de Darcy Chr'. Will'o Stourton de Stourton Chr'. Will'o Sandys de la Vine Chr'. Edr'o Vaux de Harrowdon Chr'. Thomae Windsor Chr'. Thomae Wentworth Chr'. Wingfeild Cromwell Chr'. Georgio Ewer Chr'. Phil'Wharton de Wharton Chr'. Franciso Willoughby de Parham Chr'. Will'o Pagit de Beau desert Chr'. Dudlee North Chr'. Will'o Shandos de Shudely Chr'. Joh'i Cary de Hunsdon Chr'. Will'o Petre Chr'. Dutton Gerrard de Gerrard Bromley Chr'. Carolo Stanhope de Harrington Chr'. Henr' Arundel de Wardour Chr'. Christopher Roper de Tenham Chr'. Rob'to Brooke Chr'. Edr'o Montague de Boughton Chr'. Carolo Howard de Charlton Chr'. Will'o Grey de Wark Chr'. Joh'i Roberts de Truro Chr'. Will'o Craven Chr'. Joh'i Lovelace Chr'. Joh'i Pawlet de Hinton St. George Chr'. Will'o Maynard Chr'. Thomae Coventry de Alesborough Chr'. Edr'o Howard de Escrick Chr'. Warwic' Mohun Chr'. Percy Herbert de Powis Chr'. Edr'o Herbert de Cherbury Chr'. Fran'co Seymour de Trowbridge C.D. Lanc' Chr'. Thomae Bruce de Wharlton Chr'. Fran'co Newport de Higharcall Chr'. Thmae Leigh Chr'. Christopher Hatton Chr'. Henr' Hasting de Loughborough Chr'. Ri'co Byron Chr'. Ri'co Vaughan Chr'. Carolo Smith de Carrington Chr'. Will'o Widdrington Chr'. Humble Ward Chr'. Thomae Culpepper de Thoresway Chr'. Isaaco Astley Chr'. Ri'do boil de Clifford Chr '. Joh'i Lucas Chr'. Joh'i Bellasis Chr'. Lodovico Watson de Rockingham Chr'. Carolo Gerrard de Brandon Chr'. Rob'to Sutton de Lexington Chr'. Carolo Kirkhoven de Wotton Chr'. Marmaduco Langdale de Holme Chr'. Will'o Crafts Chr'. Joh'i Berkley Chr'. Denzil Hollis de Ifeild Chr'. Frederic' Cornwallis de Eye Chr'. Georgio Delamere de Dunham Massey Chr'. Horratio Townesend de Lynn Regis Chr'. Antonio Ashley Cooper de Winborne Sancti Egidij Chr'. Johanni Crew de Stene Chr'. 29 April, 1661. REX Dilecto & fideli suo Rob'to Foster mil'Capitali Justic' nostro ad pl'ita coram nobis tenend'assign' salt'm Quia de Advisamento & assensu Consilij nost'ri pro quibusdam arduis & urgentibus negocijs Nos statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maij prox' futur' teneri ordinavimus & ib'm vobiscum ac cum Magnatibus & Proceribus dicti Regni nostri colloquium habere & tractatum Vobis mandamus firmiter injungend'quod omnibus alijs pretermissis praedictis die & loco personalit' intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negocijs tractatur' vestrumque consilium impensur' Et hoc nullatenus omittatis Teste Rege apud Westm' decimo octavo die Februarij Anno praedicto. CONSIMILIA Brevia diriguntur personis subscript' sub eodem dat' Videlt'. HArbottel Grimston Baronet' Mag'ro Rotulorum Cancellar' suae. Orlando Bridgeman Mil'Capitali Justic' de Banco suo. Mattheo Hale Capital'Baron' de scc'io suo. Thomae Mallett Mil'un' Justic' suorum ad pl'ita coram ipso Rege, etc. Thomae Twisden Mil'al'Justic' suorum ad pl'ita coram ipso Rege, etc. Wadham Windham Mil'al'Justic' suorum ad pl'ita coram ipso Rege, etc. Rob'to Hyde Mil'un' Justic' suorum de Banco. Thomae Terryl Mil'un' Justic' suorum de Banco. Samueli Browne Mil'al'Justic' suorum de Banco. Edr'o Atkins Militi. Christopher Turner Mil'Baronibus de scc'io. Galfrido Palmer Mil'Attorn' suo Generali. Johanni Glynn Militi. Johanni Maynard Militi Servien' d'ni Regis ad legem. Edr'o Nicholas Militi un' Principal'Secretar'. CAROLUS secundus Dei gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, etc. Vie ' Cornub' salutem Quia de Advisamento & assensu Concilij nostri pro quibusdam arduis & urgentibus negocijs Nos statum & Defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maij prox' futur' teneri ordinavimus & ibidem cum Magnatibus & Proceribus dc'i Regni n'ri colloquium habere & tractatum. Tibi praecipimus firmit' injungend'quod facta Proclamatione in prox' come tuo post reception' hujus Brevis nostri tenend'de die & loco praedict' duos Milites Gladijs cinctos magis idoneos & discretos come praedict' de qualibet Civitate Com' illius duos Cives & de quolibet Burgo duos Burgenses de discretioribus & magis sufficien' libere & indifferenter super illos qui Proclamatione hu'mo'i interfuerunt juxta formam statutorum inde edit' & provis' Et homina eorundem Militum Civium & Burgens' sic eligend'in quibusdam Indentur' inter te & illos qui hu'modi Electioni interfuerint inde conficiend'licet hu'modi eligend'presentes fuerint vel absentes inseri eosque ad dictos diem & locum venire fac' Ita quod iidem Milites plenam & sufficien' potestat' pro se & Communitate Com' illius ac dicti Cives & Burgens' pro se & Comitat' Civitat' & Burgorum praedict' divisim ab ipsis habeant ad faciend'& consentiend'hiis quae tunc ib'm de Communi Concilio dicti Regni nostri favente Domino contigerint ordinari super negocijs antedictis Ita quod pro defectu potestat' hu'modi seu propter improvidam Electionem Militum Civium aut Burgen' praeditorum dicta negocia infecta non remaneant quovismodo ' Nolumus autem quod tu nec aliquis al'Vic' dicti Regni nostri aliqualit' sit electus & Electionem illam in pleno Com' tuo factam distinct & aperte sub sigillo tuo & sigillis eorum qui Electioni interfuerint nobis in Cancellariam nostram ad dictos diem & locum certifices indilate remitten' nobis alteram partem Indentur' praedict' praesentibus consut' unacum hoc brevi T.R. apud Westm' decimo octavo die Februarii Anno Supradicto. Consimilia Brevia diriguntur Vicecomitibus separat' come sequen' sub dat' praedict' Videlt'. Kant '. Mid '. Surrey '. Sussex. Southt '. Lincon '. Staff '. Suff '. Derb '. Norff '. Nott '. Salop. Northumbr '. Westmerl '. Eborum. Wigorn '. Essex. Heref '. Devon. Hertf '. Wilts. Northt '. Somers '. Glouc '. Leic '. Dor '. War '. Rotes '. Bucks. Cumbr. Berks. Bed '. Hunt '. Monmouth de duobus Militibus & uno Burgens, in Burgo de Monmouth. REX Vic' Cantabr' Salutem Quia etc. ut supra usque tractatum & tunc sic Tibi praecipimus firmiter injungend'quod facta Proclamatione in prox' come tuo post receptionem hujus brevis nostri tenend'de die & loco praedictis duos Milites Gladiis cinctos magis idoneos & discretos Com' praedicti ac de Universitate Cantabr' duos Burgenses & de qualed Civitate Com' illius duos Cives & de quoled Burgo duos Burgenses de discretioribus & Magis sufficien' libere & indifferent ' per illos qui Proclamationi hu'modi interfuerint juxta formam Statutorum inde edit' & provi' eligi & nomina eorundem Militum Civium & Burgens' praedictorum sic eligend'in quibusdam Indentur' inter te & illos qui hu'modi Electioni interfuerint inde conficien'd licet hu'modi eligend'presentes fuerint vel absentes inseri eosque ad dictos diem & locum venire fac' Ita quod iidem Milites plenam & sufficien' potestatem pro se & Coi'tate come illius ac dicti Cives & Burgens' pro se & Comitat' Universitat' Civitat' & Burgorum praedict' divisim ab ipsis habeant ad faciend'& consentiend'hiis quae tunc ib'm de Comun' Concilio dicti Regni nostri favente Domino Contigerint ordinari super negociis antedictis. Ita quod pro defectu potestat' hu'modi seu propter improvidam Electionem Militum Civium aut Burgens' praedict' dicta negocia infecta non remancant quovismodo. Nolumus autem quod tu nec aliquis alius Vic' dicti Regni nostri aliqualit' sit electus & Electionem illam in pleno Com' tuo factam distinct & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerint nobis in Cancellar' nostram ad dictos diem & locum certifices indilate remitten' nobis alteram partem Indentur ' praedict' presentibus consut' unacum hoc brevi Teste ut supra. Consimile Breve dirigitur Vic' Oxon' sub dat' praedict. REX Vicecomitibus London Salutem Quia etc. ut supra usque tractatum & tunc Vobis praecipimus firmiter injungentes quod facta proclamatione in prox' Hustengo nostro post receptionem hujus Brevis nostri tenend'de die & loco praedict' quatuor Cives de discretioribus & magis sufficien' Civitat' praedict' libere & indifferent' per illos qui proclamationi hu'modi interfuerint juxta formam Statutorum inde edit' & provis' eligi & nomina eorundem Civium sic eligend'in quibusdam Indentur' inter vos & illos qui hu'modi Electioni interfuerint inde conficiend'licet hu'modi eligend'presentes fuerint vel absentes inseri eosque ad dictos diem & locum venire fac' Ita quod praedict' Cives plenam & sufficien' potestat' pro se & Co'itate Civitatis praedict' divisim ab ipsis habeant, etc. ut supra mutatis mutandis, etc. & in qualed Civitate sequen' facta proclamatione infra Com' Civitat' predict, etc. ut supra & in Villis sequen' infra Com' Villae predict, etc. T. ut supra. Consimilia Brevia diriguntur Vicecomitibus seperal'Civitat' & Vill'sequen' sub eodem dat' Videlt'. Vicecomitibus Civitatis suae. Eborum de duobus Civibus eligend'. Vicecomitibus Civitatis suae. Norwici de duobus Civibus eligend'. Vicecomitibus Civitatis suae. Lincoln' de duobus Civibus eligend'. Vicecomitibus Civitatis suae. Coventr' de duobus Civibus eligend'. Vicecomitibus Civitatis suae. Glouc' de duobus Civibus eligend'. Vicecomitibus Civitatis suae Bristol, de duobus Civibus eligend'. Vic' Civitat' suae Cantuar' de duobus Civibus eligend'. Vic' Civitat' suae Exon' de duobus Civibus eligend'. Vic' Civitat' suae Lich' de duobus Civibus eligend'. Vic' Civitat' suae Wigorn' de duobus Civibus eligend'. Vicecomitibus Villae suae Nott' de duobus Burgens' eligend'. Vic' Villae de Kingston super Hull de duobus Burgens' eligend'. Vic' Villae suae Southt ' de duobus Burgens' eligend'. Vic' Villae suae Novi Castri super Tinam de duobus Burgens' eligend'. Vic' Villae suae de Poole de duobus Burgens' eligend'. Vicecomitibus Villae suae Haverford-west de uno Burgens' eligend'. Vic' suae Carmarthen ' de uno Burgens' eligend'. Majori & Ballivis Villae de duobus Burgens' eligend'. Berwici super Twedam de duobus Burgens' eligend'. REX Constabular' Castri sui Dover ac Custod'Quinque Portuum vel ejus locum tenenti ib'm Sal'tem, Quia, etc. usque tractatum Et tunc Vobis in fide & Ligeancia quibus nobis tenemini firmit' injungend'mandamus Quod in quolibet Portu Portuum praedict' duos Barones de Melioribus & discretoribus eligi & eos ad dictos diem & locum venire fac' Ita quod dicti Barones plenam & sufficien' potestatem pro se & Co'itate Port' suorum habeant ad consentiend'hijs quae tunc ib'm communi de Concilio dicti Regni nostri Angliae favente Domino contigerint ordinari super negotijs antedictis Ita quod pro defectu potestatis hu'modi seu propter improvidam Election' Baronum praedict' dicta negotia infecta non remaneant quovismodo Et habeatis ibi nomina praedict' Baronum & hoc breve T. ut supra. REX Cancellar' suo in come Palatino Lancastr' vel ejus locum tenenti ib'm sal'tem Quia, etc. ut supra usque tractatum Et tunc sic Vobis mandamus firmiter injungentes quod per breve nostrum sub sigillo nostro come praedict' detis in mandatis Vic' nostro ejusdem Com' quod idem Vic' facta proclamatione in prox' Com'suo post receptionem dicti brevis nostri etc. in quibusdam Indentur' int' ipsum Vic' & illos &c. Nolumus autem quod idem Vic' etc. Et Electionem illam in pleno come praedict' sic factam distincte aperte sub sigillo come praedict' & sigillis eorum qui electioni illi interfuerint nobis in Cancellar' nostram Angliae ad dictos diem & locum certificetis indilate remitten' nobis etc. ut supra. REX Camerario suo come Palatini sui Cestriae vel ejus locum tenenti ib'm salutem Quia, etc. usque tractatum Vobis mandamus firmiter injungend'quod per seperalia brevia nostra sub sigillo nostro come praedict' debite conficiend'detis in mandatis tam Vic' nostro ejusdem come Cestr' quam Vic' nostris Civitat' Cestr' quod facta proclamatione in prox' come suis post receptionem eorundem brevium nostrorum tenend'de die & loco praed'dictus Vic' dc'i come Cestr' duos Milites gladio cinctos magis idoneos & discretos come praed'& praed'Vic' dc'ae Civit' Cestr' duos Cives dc'ae Civit' de discretioribus, etc. Et nomina eorundem Milit' sic eligend'in quibusdam Indentur' int' ipsum Vic' Civitat' & illos qui hujusmo'i Electioni interfuerint Ac nomina praed'Civium sic eligend'in quibusdam Indentur' int' ipsos Vic' Civitat' & illos qui, etc. Nolumus autem quod idem Vic' dc'i come Cestr' nec praed'Vic' Civitat' praed'nec aliquis, etc. Et Electiones illas in plenis Com' & Civitat' praed'sic fact' distinct & aperte sub sigillo come Palatini praed'& sigillis eorum qui Electionibus illis interfuerint nobis in Cancellariam nostram Angliae ad dictos diem & locum certifices indilate remitten' nobis alteras partes seperal'Indentur' praed'presentibus consut' unacum hoc brevi T. ut supra. REX Vic' Carnarvan salutem Quia, etc. usque tractatum Tibi praecipimus firmiter injungend'quod facta proclamatione in prox' come tuo post receptionem hujus brevis nostri tenend'de die & loco praedictis unum Militem Gladio cinctum magis idoneum & discretum come praedict' & de quolibet Burgo vocat' le shire Town ejusdem Com' unum Burgensem de discretioribus, etc. ut supra in Com' Cornub' mutatis mutandis T. ut supra. Consimilia Brevia diriguntur Vicecomitibus seperal'Com' sequen' sub dat' praed'videlt', Radnor. Brecon. Carmarthen. Mountgomery Cardigan. Glamorgan. Pembroke. Flint. Merioneth. Denbigh. Anglesey de uno Milite tantum eligend'. SECT. II. Observations on this Pawn. Obs. I THis is the full Transcript of the Pawn or Record of the Writs which were issued for the Summoning this Parliament; and that my Method in managing of them may be the clearer understood, I shall set down some Observations pursuant to it. In the Original of this Pawn, or Record, there are no Figures placed in the Margins of the respective Paragraphs of it (but I have thought fit, in respect of the several occasions referring to it, to add the Figures of I. II. III. IU. V (being Paragraphs particularly relating to the House of Lords;) and then the Figures of VI VII. VIII. IX. X. XI. XII. being Paragraphs particularly relating to the House of Commons,) for of all these I shall speak distinctly in this, and the Second Part of this Treatise. All the Exemplar Writs are dated the 18th of Feb. 13 Car. 2. but there being several Creations of Lords (or at least their Patents not perfect) after the 18th, all the subsequent Writs for such Lords were dated the 29th of April following, and that is the reason of the different Dates of Writs in the Pawn, but all were before the Parliament sat. The first Exemplars in this Pawn for the Lords House do begin with the words, CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex Fidei Defensor. And so the first Exemplar in the House of Commons, Fig. 6. gins in the like words; yet all the other Exemplars in the Pawn do begin only with the word Rex, omitting the other words, which must be understood that the single word Rex, etc. is so entered only for brevity, not that the Form of the other Examplar or Consimilar Writs are so concise, either in the preamble or body of the Writs (for the same reason.) In respect I do make use of the words Exemplar Writs, and Consimilar Writs, it is fit I should speak of the Nature of Writs in general. The Common and Civil Law calls a Wrít in Latin, Breve, quia brevibus & paucis verbis intentionem Legis exponit. And of these in the Common Law some are called Original, and others Judicial; the Original (if I do not miscount them, from the Register of Writs) are 727 in Number: and these are used in the respective Courts in Westminster before any appearance had, or other Process issued in all matters both real and personal, and are always in the King's Name, attested by the Chief Justice of the Court from whence they issue; the other, called Judicial Writs,) if I miscount not the number of them from the same Register) are 371, which are sent out by order of those Courts where the original Writ is recorded, and the Case depending; and these latter do also issue in the King's Name, and attested by the chief Justice of the respective Courts from whence they proceed, and sealed with green Wax, with the Seals of the respective Courts. But the Parliament Writs (of which I am to treat) are of another nature and quality, issued only by the King's immediate Command and Warrant, and sealed with the great Seal of England; and these have two appellations, viz. Brevia Clausa, (or operta,) and Brevia Patentia, (or Aperta.) The Brevia Clausa are Writs of Summons closed up in yellow Wax, and so sealed with the great Seal of England, and then (as will be more fully shown, after I have discoursed distinctly of the Writs) sent (with Labels) to every individual Prince of the Blood, Lords Spiritual, Lords Temporal, and Assistants, and to every Sheriff of the Kingdom, for Elections of Knights, Citizens, and Burgesses for the Commons House; and so do concern both House of Lords, and House of Commons, (as also the Convocation Houses, dirivatively from the Arch-Bishops, and Bishops Writs,) of which last I shall speak more distinctly in this Treatise, concerning the Convocation House.) But the Brevia Patentia do chief concern the House of Lords, viz. by Patents of Creations, (as also some Officers, as will be shown) and all these are called Patentia, or Letters Patents, because they are not enclosed, but open, with the Impression of the great Seal of England at large hanging to them, yet all the Created Patentees have their distinct Writs of Summons, but not the Official Patentees, viz. Clerk of the Crown, Clerk of the Parliament, Clerk to the House of Commons, etc. These Patent Writs have no other appellation than Literal, or Letters Patents, as I said. But the Parliamentary close Writs are divided into two Titles, viz. Exemplars and Consimilars, and though the word Exemplar is not used in the Pawns, yet the word Consimile is constantly used there, which doth imply an Exemplar. The Exemplars are Writs set down at large in the Pawns, and the Consimilars are Writs not inserted in the Pawns, and yet are to have a consimilitude with their Exemplars, the Exemplar being so made upon some extraordinary reason, as will be shown hereafter. As for those Writs which concern the House of Lords (of which I only treat in this first Part) as they are more in number than any of the other Houses, (not including derivative Writs, Precepts, or Citations) so they are of a more nice nature, in respect (as I said) they are personal; for a distinct Writ is to be provided for every individual Lord sitting in the Lord's House, but not so in the House of Commons, or lower Convocation, (as will be shown) and though the main body of the Writs in those concerning the Lord's House do differ but little from the Writs of former Kings, or from those of the House of Commons, yet the Titles do very much vary in every Parliament, partly by the new Creation of Barons, partly in their Ascension from Barons to higher degrees, and partly by splitting of Titles upon extinction of Families, and for other causes they are in few years subject to variation in Titles, wherein every Lord is exact in having his due, and therefore some of the Heralds, (as I said, according to the several districts of the Kingdom under their managements) are, or aught to be consulted with, that the Clerks may commit no mistakes either in their Titles of Grace and Favour, or in their Titles of Rights and Concessions, before the Writs be sealed, and the not effectual doing this (which ought to be done) might occasion some mistakes and differences between the Exemplar and Consimilary Writs in point of Titles, (as will be shown.) The other parts of the Writs, as well in Exemplars as Consimilars (which concern not the Titles of the Peers) are the same both in the declaratory and mandatory parts, except some few words, (of which I shall take notice in my proceed) and herein I shall not trouble myself with showing what reasons were given in some Writs for summoning a Parliament, or what in others, or the reason of those Reasons, and why in some there were no Reasons given, only a short Mandamus. All Writs at large recited in this and all former Pawns, are the Exemplars of all other Writs of Summons for a Parliament which are not in the respective Pawns, whereby these in this Pawn (with the addition of the Bishop's Exemplar Writs, (which are entered in all former Pawns) did and do now make 12 Exemplars, but the Writs which are not recited in this and former Pawns (which I term Consimilars) at the calling this Parliament, were in all 262. Some of the 12 are Exemplars, and other Writs have a consimilitude to them, yet have no positive Consimilars appointed them, whereof there are but three, viz. One to the Lord Chancellor in the Lord's House, and to the two Palatines in the Commons. All Writs of Summons to the House of Lords both Exemplars and Consimilars are Personal and Local, but all Writs of Summons for the House of Commons are only Local. These 12 Exemplars are in this following method stated, with their Consimilars, viz. those 5 for the Lords House are, Exemplar. Consimilar. I. To the Duke of York 1 1 II. To the Archbishop of Canterbury 1 25 III. To the Lord Chancellor 1 0 IU. To the Earl of South-hampton, L. Treasurer 1 In this Parliament, 3 Dukes, 4 Marque 55 Earls, 8 Visc. 68 Barons. 138 V. To the Chief Justice of the King's Bench 1 15 So there was in the Lord's House 5 Exemplar Writs, and 179 Consimilars.— in all 184. The remaining Exemplar Writs relating to the House of Commons are 7. (of which I shall speak more in the next part of this Treatise) viz. VI To Cornwall 1 4 VII. To Cambridge 1 1 VIII. To London 1 18 IX. To Dover 1 Cinqports 7 X. To Lancaster 1 0 XI. To Chester 1 0 XII. To Carmarthen 1 Wales 11 So there is for the Commons House 7 Exemplars, and 73 Consimilars, in all 80 Writs, in both Houses— 264 So many Exemplar and Consimilar Writs were issued to Constitute this Parliament An. 1661. in the Lord's House, to Countries, Shires, and Comitated Cities and Towns, in the Commons House, whereof some years after its Sitting, one Exemplar and one Consimilar was issued for the Bishopric of Durham) all the rest of the Writs for Cities, Towns and Burroughs not Comitated, (of which I shall give an account) do lose their names of Consimilars, when the Exemplar Writs do come to the respective Sheriffs, for than they pass from the respective Sheriffs; under the titles of Precepts, (or Derivative-Writs) as shall be more fully discoursed of in the second part, where I treat of the House of Commons. Now I shall proceed to the Act of Precedencies, and give a short description of such as are to be Summoned for the Lords-House only, because I speak more amply of their Individual-Writs whereby they are Summoned CHAP. III. Of Precedencies. HAving shown the King's Warrant, and the Lord Chancellors, and the Record made up in the Pettibag, called the Parliament Pawn, and given a touch of the nature of Writs in general, and in particular, of Parliamentary Writs of Summons, consisting of Writs Exemplar and Consimilar, as also an hint of Precepts or Derivative-Writs from those Exemplars, (which are to be more fully treated of in the 2d. part,) I shall proceed to the Act of 31 of Hen. the 8th. concerning Precedencies in the Lord's House, occasioned from the defect or long disusage of Pawns, or other State reasons; for there being no Pawns extant but, as I said, from the 21 of Hen. the 8th. to this time, the other being by Endorsment etc. on the Records in the Tower or Rolls Chapel; Our King Hen. the 8th. did make this Act of Precedencies, (which hath its chief Reference to the time when a Parliament is Sitting, and so not proper to be inserted in this place, seeing my design in this first part is to treat of matters previous to a Parliament, before I speak of matters Sedente Parliamento) yet it may be allowed in respect I make no other present use of it, than to enlighten the Readers with the Characters of such Persons and Degrees as are to have Writs of Summons to sit there according to that Act, and therefore I shall first show a Transcript of that Act, than some Observations upon it, and then give some short discourses of the Noble Degrees therein mentioned, in order to their Writs which shall distinctly follow. The Transcript of the Act of Predency, 31. Hen. 8. Cap. 10. The Act of Precedency, 31. Hen. 8. Cap. 10. FOrasmuch as in all great Councils and Congregations of men, having sundry Degrees and Offices in the Commonwealth, it is very requisite and convenient that an order should be had, and taken for the placing and sitting of such Persons as been bound to resort to the same, To the intent that they knowing their places may use the same without displeasure or let of the Council. Wherefore the Kings most Royal Majesty (although it appertaineth to his Prerogative Royal to give such Honours, Places, and Reputation to his Counsellors, and other his Subjects as shall seem best to his most Excellent Wisdom.) He is nevertheless pleased and contented for an Order to be had and taken in this his most High Court of Parliament, that it shall be Enacted by Authority of the same in manner as hereafter followeth. First, It is Enacted by Authority aforesaid, That no Person or Persons of what Estate, Degree, or Condition soever he or they be of, (except only the King's Children) shall at any time hereafter attempt, or presume to sit or have place at any side of the Cloth of State in the Parliament-Chamber, neither of the one hand of the King's Highness nor of the other, whether the King's Majesty be there Personally present or absent. 2. And forasmuch as the King's Majesty is justly and lawfully Supreme head in Earth under God of the Church of England, and for the good exercise of the said most Royal Dignity and Office, hath made Thomas Lord Cromwell and Lord Privy Seal, his Vicegerent, for good and due ministration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction, and for the Godly reformation and redress of all Errors, Heresies, and Abuses in the said Church; It is therefore also Enacted by Authority aforesaid, That the said Lord Cromwell having the said Office of Vicegerent, and all other Persons which hereafter shall have the said Office of the grant of the King's Highness, his Heirs or Successors, shall Sat and be placed as well in this present Parliament as in all Parliaments to be holden hereafter, on the right side of the Parliament-Chamber, and on the same Form that the Archbishop of Canterbury sitteth on, and above the same Archbishop and his Successors, and shall have Voice in every Parliament to assent or descent, as other the Lords of the Parliament. 3. And it is also Enacted, That next to the said Vicegerent, shall sit the Archbishop of Canterbury, and then next to him on the same Form and side, shall sit the Archbishop of York, and next to him on the same Form and side the Bishop of London, and next to him on the same side and Form the Bishop of Durelme, and next to him on the same side and Form the Bishop of Winchester, and then all the other Bishops of both Provinces, of Canterbury and York, shall sit and be placed on the same side after their Ancienties, as it hath been accustomed. 4. And forasmuch as such other Personages which now have or hereafter shall happen to have other great Offices of the Realm, that is to say, the Offices of the Lord Chancellor, the Lord Treasurer, the Lord Precedent of the King's Council, the Lord Privy Seal, the Great Chamberlain of England, the Constable of England, the Lord Marshal of England, the Lord Admiral, the Grand Master or Lord Steward of the Kings most Honourable Household, the King's Chamberlain, and the King's Secretary, have not heretofore been appointed and ordered for the placing and sitting in the Kings most High Court of Parliament, by reason of their Offices: It is therefore now Ordained and Enacted by Authority aforesaid, That the Lord Chancellor, the Lord Treasurer, the Lord Precedent of the King's Council, and the Lord Privy-Seal, being of the Degrees of Barons of the Parliament, or above, shall sit and be placed as well in this present Parliament as in all other Parliaments hereafter to be holden, on the left side of the said Parliament-Chamber on the higher part of the Form of the same side, above all Dukes, except only such as shall happen to be the King's Son, the King's Brother, the King's Uncle, the King's Nephew, or the King's Brothers or Sister's Sons. 5. And it is also Ordained and Enacted by Authority aforesaid, That the Great Chamberlain, the Constable, the Marshal, the Lord Admiral, the Great Master or Steward, and the King's Chamberlain, shall sit and be placed after the Lord Privy-Seal, in manner and form following, that is to say, every of them shall sit and be placed above all other Personages being of the same Estates or Degrees that they shall happen to be of, that is to say, the Great Chamberlain first, the Constable next, the Marshal third, the Lord Admiral the fourth, the Grand Master or Lord Steward the fifth, and the King's Chamberlain the sixth. 6. And it is also Enacted by the Authority aforesaid, That the Kings chief Secretary being of the Degree of a Baron of the Parliament, shall sit and be placed above all Barons not having any of the Offices aforementioned, and if he be a Bishop, that then he shall sit and be placed above all other Bishops not having any of the Offices before remembered. 7. And it is also Ordained and Enacted by Authority aforesaid, That all Dukes not afore mentioned, Marquesses, Earls, Viscounts, counts, and Barons, not having any of the Offices aforesaid, shall sit and be placed after their Ancientry as it hath been accustomed. 8. And it is further Enacted, That if any Person or Persons which at any time hereafter shall happen to have any of the said Offices, of Lord Chancellor, Lord Treasurer, Lord Precedent of the King's Council, Lord Privy-Seal, or chief Secretary, shall be under the Degree of a Baron of the Parliament, by reason whereof they can have no interest to give any assent or descent in the said House, That then in every such case such of them as shall happen to be under the said Degree of a Baron, shall sit and be placed at the uppermost part of the Sack in the midst of the said Parliament-Chamber, either there to sit upon one Form or upon the uppermost Sack, the one of them above the other, in order as is above rehearsed. 9 Be it also Enacted by Authority aforesaid, That in all Trials of Treason by Peers of this Realm, if any of the Peers that shall be called hereafter to be Tryers of such Treason shall happen to have any of the Offices aforesaid, that then they having such Offices, shall sit and be placed according to their Offices above all the other Peers that shall be called to such Trials, in manner and form as is above mentioned and rehearsed. 10. And it is also Enacted by Authority aforesaid, That as well in all Parliaments as in the Star Chamber, and in all other Assemblies and Conferencies of Councils, the Lord Chancellor, the Lord Treasurer, the Lord Precedent, the Lord Privy Seal, the Great Chamberlain, the Constable, the Marshal, the Lord Admiral, the Grand Master or Lord Steward, the King's Chamberlain, and the King's chief Secretary shall sit and be placed in such order and fashion as is before rehearsed, and not in any other place, by Authority of this Act. SECT. I. Observations. Obs. 1. THis Act is observable, being Enacted as it were by the King's single Authority, yet by the Preamble it seems to be only an Order, or Ordinance at most, and this upon Record in that House, for it doth not concern the Commons. 2. The Lord's House is here called the High Court of Parliament, i. e. the highest Court of Judicature in Parliament, and so it is an Act by authority of the same, including the Kings. 3. It is also (Parag. 2.) called the Parliament Chamber; and (Parag. 8.) the said House, not the House of Lords, or House of Peers, as it is now called. 4. Though this Act doth contain the Rules for Places, as the several degrees do sit in their distinct degrees, yet it doth not contain the intermixed Precedencies of the several Degrees, both in calling over the House, and at other Solemnities, as will be more exactly shown in the local part. 5. In the 8th Paragraph the Lord great Chamberlain, Constable, Marshal, Admiral, Steward, and King's Chamberlain are omitted, because it is presumed, that those Titles were never given to any under the degree of a noble Baron. 6. Here the Seat for the State-Officers (being not Barons) is called a Sack, but in all Records, where those Seats are mentioned, they are called Woolsacks, being stuffed with Wool, to mind them of the Staple Commodity of the Kingdom. 7. The use which I make of this Act is to show the several Titles of the Degrees of such as are mentioned therein, 2dly, the ordering of those Degrees, and 3dly, how this Act doth agree or disagree with the Pawns before, and subsequent to it. First, The Degrees mentioned therein are four, viz. first, Princes of the Blood, 2dly, Lords Spiritual, 3dly, Ministers and Officers of State, 4thly, Lords Temporal. 1st. The Princes of the Blood are said therein (Parag. 4.) to be, first, the King's Son, 2dly, the King's Brother, 3dly, the King's Uncle, 4thly, the King's Nephew, 5thly, the King's Brother's Son, 6thly, the King's Sister's Son, as in Paragraph the 1st and 4th. 2dly. The Lords Spiritual are said therein to be the Archbishop of Canterbury and York, the Bishop of London, Duresm, and Winchester, and all the Bishops of both Provinces according to their Ancientries, Paragraph 2, & 3. 3dly. The Ministers and Officers of State Ecclesiastical and Civil, are (in the 2d and 4th Paragraphs) said to be the Vicegerent, and eleven more therein mentioned, of which I shall speak distinctly, Paragraphs 2, 4, 5, 6, 8, 9, 10. 4thly. The Lords Temporal are said to be those five Degrees mentioned in the seventh Paragraph, viz. Dukes, Marquesses, Earls, Viscounts, and Barons, of which I shall also speak more fully, and lower than to these Degrees the Act doth not extend. 5thly. This Act doth agree with the Method of the Pawns, in the placing of the Princes of the Blood, as also of the Bishops, but the Pawns do differ from the Act concerning the Ministers and Officers of State, for they meddle with them no otherwise than they are annexed to some Spiritual or Temporal Degrees, but if they are under the Degree of those Degrees they have then only particular Writs of Assistance, as shall be shown. 6. The Act doth not take notice of the several Assistants of the Long Robe, viz. the Lords Chief Justices, etc. But the Pawn makes a Record of them also, and of their Writs, and of their Precedencies, in relation to each other, of whom I shall speak more particularly in the Thirteenth Chapter. 7. This Act was made upon the dissolution of the Abbots and Priors, and that there might be no more room for them in the House of Lords, whereas the two preceding Pawns remaining still in the Pettibag, (viz. of the 22 and 31 Hen. 8.) did place them next the Bishops, now (their Abbeys, Monasteries, and Priories being dissolved) they in this Act were excluded, as in all future Pawns (only Queen Mary did venture to summon the Abbot of Westminster, and the Prior of St. John's of Jerusalem) but that being turned into a Deanery, and this dissolved, they were as useless, as all the others, the Ecclesiastical and Civil Estate of this Kingdom being thereby restored to its Primitive Constitution, as will be shown. CHAP. IU. A Description of the Degrees concerned in this Act of Precedency. HAving spoken of the Pawns (or Digest of Writs) of Summons in general) as also of the Act of Precedency, this having respect only to the House of Lords and other great Councils; those both to the House of Lords and House of Commons, this only to the Dignity of the Nobles, those not only to the Dignity and Degrees of Nobles, but also of the form and order of the Writs constantly enabling the Nobles to make a noble use of their distinct Degrees, that to the Places and Precedencies of such persons (whenever they meet in Parliament) (as by the King's favour may be summoned) those to the persons actually summoned, wherein these Pawns (much ancienter than the Act) were doubtless a good Guide to the framing of this Act, I think it convenient, before I proceed to particularise their Writs (for the Titles must be fixed before the Writs can be perfected) to take a view of the order of such Degrees as are mentioned in the Pawns, but better methodised in the Act) viz. 1st, of the King's Counsellors, (comprehending all the following degrees and others) 2dly, of the Princes of the Blood (consisting of seven Degrees) 3dly, of the grand Officers and Ministers of Church and State, (consisting also of seven Degrees) some of them being of a mixed nature, viz. Spiritual, Ecclesiastical, and Civil,) and 4thly, of the Temporal and Hereditary Nobility, (consisting of five entire Degrees,) and this I shall do by a distinct account of them, for the clearer understanding of the Writs and Persons concerned in them. And this I do to entertain the Readers time, whilst the Clerk and others are busied in Drawing, Writing, and Engrossing the Writs, and carrying them to be Sealed, and then disposing them to the several persons and places to whom and where they are to be delivered, which will admit of as much or more time than may be spent in reading these following Discourses, intended for the reviving of the memory of some, and improving the knowledge of others, concerning the Persons to be employed in the House of Lords, as also concerning the Writs for the House of Commons, and herein (in this First Part, as to the House of Lords) I shall be guided by the ancient Method of the King's Warrant, the Pawns, and the Act of Precedency; And first of the King's Counsellors. SECT. II. Of the King's Privy-Counsellor. AS to the Original of this Officer and of the reason of its different Orthography: Obs. I. sometimes beginning the second Syllable with C. or S. and of its affinitry to the old Roman Comites Consiliarij, I shall refer them to my annotations, and here only show how that by the words in the King's Warrant, by the Pawns, and by the said Act of 31. Hen. 8. (all which I have recited at large) we may clearly see that the word Council, doth consist of the Persons of the best Quality and Abilities, to give Counsel and Advice to the King. And when such a number as the King thinks fit to select for that purpose do meet in a Body Conjunctively, 2. This Council is called the King's Council, and also the Persons therein are called the King's Council, (yet more properly Counsellors) and to confirm this, the King's Warrant saith: To Our Right Trusty and well beloved Counsellor Sir Edward Hyde Knight Chancellor of England, (here 'tis Personal) then follows, Whereas We by Our Council, this intimates a Body of Persons or Counsellors Congregated. 3. The Writs in the Pawns sometimes do add to the Person to whom the Writ is sent (Conciliario suo) and sometimes not, but these following words are constantly in every Writ, (Quia de advizamento & assensu Concilij nostri, which is more large than what is in the Kings Warrant by inserting the words (Advice and Consent) of Our Council. 4. The said Act saith in the Preamble, Forasmuch as in all great Councils and Congregations of men (which explains Councils) and then, that there may be no displeasure or let of the Council) (in respect of Precedency) therefore (for the better reputation of his Counsellors and other Subjects, doth Enact, etc. And in the 3d. Paragraph, the Precedent of the King's Council is there also named, by which we understand the King's Privy-Council (of which he is Precedent) to be a Council distinct from other Councils where there are Precedents; 2ly. And from Parliaments (where there are Speakers instead of Precedents) anciently called the Great Council, and so it is still, though the name is altered to Parliament) and 3ly. From other Assemblies and Conferences of Councils, (which are the words in the last Paragraph of that Act.) 5. And therefore this Council here meant in this Warrant, Pawn, and Act, is that which we now call the King's Privy Council. 'tis true the King hath several other Councils, (as that of Wales, and in the North, and others both here and in Foreign Plantations) but this Privy-Council is the Supreme standing Council, out of which sometimes the King thinks fit to select some few for the more safe, secret and easy dispatch of Affairs.) 6. Which by the Jews were called Cabala, but by us properly Comitties. However this Privy Council is the standing Council of the Kingdom, giving Forms and Being to all other Councils, especially what concerns the Beginning, Continuing, and Ending of any Parliament, and yet this Council or Parliament is a greater Council than that, and of greater Authority when it is in being, and therefore anciently, as I said, called Magnum & Publicum Concilium, and this Privatum Concilium. 7. This Great and public Council consists of the King, Lords Spiritual, Lords Temporal, (viz. of such to whom the King sends Writs of Summons) and of Commons (viz. of such as the People think fit to Elect by virtue of the King's Writs.) But this Privatum or Privy Council are of such only as the King Elects out of the Degrees next mentioned, or out of other Degrees, as he shall best judge of their Abilities for it. Yet very often Parliaments have persuaded Kings to make Alterations in Privy Councils, both as to Persons and Number. 8. The number of the Persons of this Privy Council are in a manner indefinite, because it depends upon the King's pleasure. But anciently it consisted only of 12. since that they have increased and varied, and in the beginning of this Parliament they were 29. but before the end of it above 40. The number of the Great Council or Parliament is partly indefinite, (in the Lord's House) and partly circumscribed, (and so in the Commons House (as will be shown,) for these anciently had not above 2. or 300. but this Parliament had in both Houses above 700. (as will be shown.) 9 This very name of Council and Counsellors, (as they are or aught to be) is much more ancient than the Consuls of Rome, which had their name a Consulendo, for their abilities in giving Counsel, and possibly borrowed from the name of Neptune the God of the Sea, who was called also Consiliorum Deus, so as probably of their two yearly Consuls, one was chosen for the Affairs of the Sea, (as Admiral) the other for the Affairs of the Land, as General, however it is observable that the Title of Consul or Counsellor did continue 1046. years in that Empire, deducting three years interposition of the Decemviri (or 10 Governors,) and 4 years of Tribunes (or 3 Governors,) and 12 years of Tribunes consisting of 4 Governors, and 30 years by Tribunes consisting of six Governors, and 5 years under an Anarchy, and 2 years wherein Tribunes had a Consulary power, and then the Government again slid into Consuls, so as deducting these 56 years, they continued entire under that Consulary Tutelage 990 years: and as that way of Government was useful to Rome whilst it was a Commonwealth, so we see when Julius Caesar took on him the Roman Empire, and turned it to a Monarchy, he did not discard the Consulary way of managing Affairs, nor did his Successors; so as they continued full 540. years after Julius Caesar in prosecution of that Monarchical Empire, till the Papal Interests had supplanted the Western Empire, and made General Councils, tending rather to the dis-uniting of Princes, than for uniting Religion, as was pretended, and instead of Consuls, erected a Consistory and Conclave, the last being only new names for a Council. 10. This is certain, that Councils or Counsellors or Consuls are of that nature, that no Government can subsist without them, though by different Appellations; and I read of few or none in all the Roman Stories, who had the Title of Consul conferred on him, but those who either by their Wisdom had given such good Counsel as proved prosperous to the Empire, or had done such eminent Services, that from such Heroic actions the Emperors and Senators derived Arguments of their Abilities to Counsel, as having actually done, and from that experience might Counsel what was fit to be done, and thereupon formerly called Consul, and now Counsel or Counsellor, and fit to sit both in Privy Council or public Parliament. 11. This Honour was still founded in merit; by the estimation of Judgement, Experience, or Resolution; for what they had Advised, Counselled, or Successfully acted, and therefore they were seldom made Viri Consulares till they were 43. years of age, and for such as had been thus Serviceable to the Empire, if a Consulship were not void, yet they had always some Offices or Rewards in store which they conferred proportionably to their Services; and such Rewards were purposely reserved for such as had either given good Counsel, or followed it, by venturing their Lives and Fortunes for preservation of the Empire, and some such Orders were made in our Edw. the 3ds. time, and confirmed by many Successive Councils, as may be read in Sir Edw. Coke, and Judge Dodridge. 12. There are also other lesser Councils, (besides what I mentioned before) as the Common Council of London, (and the like though not for number in other Cities) (which relate only to the Government of those Cities and Counsellors at Law, and the meeting (of such degrees as are qualified for that purpose) are called in some of the Inns of Court, Parliaments, which relate only to matters of Law and Government of their Societies, and Councils of War and Trade, and many of these are great Assistants and often employed both in the Privy and public Council of the Kingdom. 13. I have been the longer on this subject because all the Degrees hereafter mentioned are Members either of the King's Privy Council or the Parliament, or both, yet their Writs of Summons are not singly Conciliario, but by annexation to those Degrees which are capacitated to be Counsellors, but the Degrees mentioned in the Act (of whom I treat next) are constantly of the Privy Council or Parliament; but there are only some of the Parliament which are of the Privy Council, by which means matters are more easily managed between the King, the Privy Council, and the Parliament, the one constantly Sitting, the other Summoned only upon Emergencies of State, which latter being thus Constituted, it may well be called Magnum Concilium Animarum, or a Council of Souls rather than Bodies, so as the King may say with Cicero, Conscientia conciliorum meorum me Consolatur, i. e. The knowledge and Conscientious concurrence of minds or Souls, (for so Conscientia sometimes siguifies) and integrity of my Counsellors are my Consolation. 14. In the first Chapter I have shown the List of the Privy Council, who gave their Advice (as 'tis said in the Warrant) for Summoning the Parliament to begin the 8th. of May, 1661. and all but one of them had Summons, and did sit in the Lord's House, or were Elected for the Commons House, yet it may be observed that Prince Rupert was Summoned as Duke of Cumberland: The Duke of Laderdale (being a Scotch Lord) was not Summoned till he was made Earl of Gilford some years after: The Duke of Ormond was Summoned as Earl of Brecknock in Wales, the Lord Anthony Ashly Cooper was chosen a Burgess of Dorsetshire for the House of Commons, but his Writ was time enough to sit in the Lord's House, Sir Charles Berkley Knt. was chosen a Burgess in Somersetshire, and soon after made Lord Fitz Harding, (an Irish Title) and so continued in the House of Commons to his death, Sir George Cartret Knt. and Bar. was chosen Burgess for Portsmouth, and continued in the Commons House to the end of that Parliament, Sir Edward Nicholas Knt. was Summoned to the Lords House, but Sir William Morrice was chosen Burgess for Plymouth, and continued with the Commons to his death. Now I proceed with the chief of such as are for the most part of the King's Privy Council, (mentioned in the Act) and do with others of lesser degrees Constitute both the Privatum and Magnum concilium or Parliament. SECT. III. Of the Princes of the Blood. IN this Act the King by virtue of his Kingly Office (for so is the word in the Act) and Prerogative, Obs. I. having power to give such Honours, Places, and Reputation to his Counsellors, and other his Subjects as shall seem best to his most Excellent Wisdom, (especially to his Council or Parliament) gives the Priority of all Places and Preceding to these following seven Degrees of the Bloud-Royal, viz. (1.) to the King's Son, (first entitled Prince of Wales in the 11. Edw. the 3d.) (2.) to the King's Children, (3.) to the King's Brother, (4.) to the King's Uncle, (5.) to the King's Nephew, (6.) to the King's Brothers Son, (7.) to the King's Sisters Son, (all of these have Title of Earls or Dukes) and any one of these (where others in priority are wanting) are to be accounted the first in their own seven Degrees, and are Prior to the 5 following Degrees, which comprehend all the Lords Temporal, and these, as they happen to be more or less, have their distinct Writs, as also their proceed to all or any other Degrees, either Spiritual or Temporal, Official or Hereditary, of whom I shall speak more in the following Sections and Chapters; but if there be a failour of any of these, or that they are absent from Parliaments in respect of Minority or otherwise, than some of the Lords Spiritual have precedency to the Lords Temporal, (as will be shown,) All that were Summoned of this Degree to this Parliament, were only the Duke of York, the King's Brother, and Prince Rupert his Sister's Son, Sect. Cap. 2. Fig. 1. and 2. SECT. FOUR Of the King's Vicegerent or Vicar-General. Obs. THe words of the Act are, That forasmuch as the King's Majesty is justly and lawfully Supreme Head on Earth under God of the Church of England, and for the good Exercise of that most Royal Dignity and Office (viz. of Supreme Head of the Church) hath made Thomas Lord Cromwell (who was not only Lord Privy Seal (as in the Act is expressed) but Master of the King's Jewel-House, Baron of Okham, Knight of the Garter, Earl of Essex, and Lord Great Chamberlain,) 2. His Vicegerent, (for the good and due administration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction, and for the Godly Reformation of all Errors, Heresies, and Abuses in the said Church, so as he enjoyed Dignities and Offices of a mixed nature, Ecclesiastical and Civil, and thereby was placed above all the Lords Spiritual, and above all the Lords Temporal of the following Degrees, and not only in respect of his Temporal Dignities, but as Vicegerent in Ecclesiasticals) had power given him, and to his Successors in that Office, to sit above those Degrees in Parliament, and to have a Voice and Liberty to assent or descent as other Lords. 3. But there hath been none employed in this Office since that time, (as needless I conceive) for the Archbishops of Canterbury and York in their Provinces, and the Bishops in their Dioceses have ever since in a manner supplied the Duty of that Office under their own Titles and by their own Jurisdictions, especially the Archbishop of Canterbury, who is ranked in the next place in this Act, and in all Pawns (except this) where some of the Blood Royal are not exemplars. SECT. V Of the Arch-Bishops and Bishops. Obs. I THE Title of Bishop is more ancient than the Title of Christian, as I shall show in the seventh Chapter; however it became more general after Christianity spread itself. The word comes from the Greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. e. one who is, in Doctrinam & mores sacros gregis Inspector, and when Bishops grew numerous it was thought fit to place one to look after them, and he had the addition of Archos, i. e. principalis, and so called Archiepiscopus, or Archbishop, having a certain number of Bishops and their Dioceses reduced to his Province or Care, so that the Archbishop of Canterbury (with his own Diocese) hath twenty two Dioceses, or Bishoprics (of the twenty six) within his Province, and the Archbishop of York hath with his own (four) which makes in all twenty six, (besides the Bishop of Man, who hath no Writ of Summons.) Anciently these Arch-Bishops and Bishops, with Abbots, Priors, Deans, Arch-Deacons and Proctors (making the two Convocation-houses) were summoned to appear two days before the Temporal Lords, but since Henry the Eighth's time, (when Abbots and Priors were excluded) the Bishops are summoned to meet the same day that the Parliament gins, but as Convocation-houses, they are not summoned to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parliament, and those two Convocation-houses are seldom Adjourned, Prorogued, or Dissolved in three or four days, and sometimes longer, after the two Houses of Lords and Commons are Adjourned, Prorogued, or Dissolved. These Arch-Bishops and Bishops (considering them upon a Baronial account distinct from the Convocations) are entered in all Clause Rolls and Pawns next the Blood Royal (except when there was a casual interposition (as this last of Vicegerent) and their places distinctly set down, as in this Act: viz. the Archbishop of Canterbury, than the Archbishop of York, and the other according to Seniority, or Antientry (as the word of the Act is) till the Bishops of London, Durham, and Winchester, were (as by this Act) fixed in their Precedencies to the other twenty one, and yet there is another method of Precedencies, used in the Lord's House, and in all Solemnities, by way of counterchanging of Precedencies between the Lords Spiritual and Temporal, (as will be shown.) These twenty six enjoy their Offices of Bishops upon a Spiritual and Ecclesiastical account, and therefore are called Lords Spiritual, their Ecclesiastical serving in ordine ad piritualia. These, for many Ages did manage the Offices of Chancellor and Keeper of the Great Seal, also of Treasurer, President, Privy-Seal, and Secretary, (of which I shall speak more) but since Henry the Eighth's time these five Offices have been distinctly managed by Laics, of the chiefest quality and merit, and the Bishops in a manner circumscribed to the Jurisdiction of their respective Dioceses, which are of a kind of mixed nature, consisting of Spiritualities and Temporalities. In the Lord's House they have almost equal Prividledges with the Lords Temporal, except in matters of Blood, when in respect of their Canons, they commonly withdraw themselves, appointing Proxies and entering Protestation, but these Privileges are not Hereditary, (like the Temporal Lords) but merely Successive, and their Writs are somewhat of a different Nature from those to the Lords Temporal, (in point of extent concerning the Convocation-houses) which do make a kind of a Parliament annexed to a Parliament, (of which I shall speak more at large.) But how the Bishops were Summoned may be read in the seventh Chapter. SECT. VI Of the Lord Chancellor, or Lord Keeper. Obs. THis great Officer being not only recited in this Act, but having a peculiar Writ of Assistance in this and other Pawns? which the next Ten Officers following have not (in respect of their Offices) I shall discourse more fully of him so soon as I have given a short view of the Ten remaining to be spoken of. Edward Hyde, Baron Hyde, and Lord Chancellor, was Summoned by Writ, Feb. 18. 1661. See Chap. II. SECT. VII. Of the Lord Treasurer of England. Obs. THis Officer being joined also in this Pawn to the Earl of Southampton (than Lord Treasurer) and in former Pawns to other Degrees, and being intended to be discoursed of in the fourth Exemplar, and in the fifth Section of the Barons of the Exchequer, I shall defer its enlargement to those Chapters. Thomas, Earl of Southampton, Lord Treasurer of England, was Summoned by Writ, Feb. 18. 1661. See Chap. II. SECT. VIII. Of the Lord Precedent of the King's Council. Obs. I THis Officer from the time of King John was called Principalis and Capitalis Consiliarius, and so continued till Queen Elizabeth's time, and after not used, till once in King Charles the firsts time, and ever since, to the end of this Parliament, the Lord Chancellor or Lord Keeper hath supplied the duty of that Place, though not the Title; the difference of granting them was, that one was always by Patent, and the other only by delivery of the Great Seal. 2. There are also other Lord Presidents which sit in the Lord's House, viz. the Precedent of Wales, and Precedent of the North, but being not mentioned in this Act, and the latter not sitting in this Parliament, I refer them to my Annotations, as also other Precedents of lower Degrees, as of Colleges, etc. SECT. IX. Of the Lord Privy-Seal. Obs. IN Edward the Third's time, and long after, this Office was called Keeper of the Privy or Private Seal, distinguishing him from the other, called the Keeper of the Great Seal; afterward he was called Clerk of the Privy-Seal, (Clerk being then a Title of Eminency) and Gardien deal Privy-Seal, and in 34 H. 8. Lord Privy-Seal. 2. He hath his Office by Patent, but the Keeper of the Great Seal (as I said) only by delivery of that Seal, and 'tis very probable that this Office was in imitation of that which was used by the Romans, the Officer whereof was called Comes privatorum, and as Cassiodore calls him, the Governor of the King's private Affairs. 3. Whilst the Court of Requests was in use he was also called the Master of it, being Master or Superior to the Four Masters of Requests, who were to receive, peruse, and present all Petitions to the King, or to the Parliament in time of Parliament, and direct the Petitioners in the right way of proceeding in their business, and for want of this direction many men are ruined by crafty and unskilful directors, and the Parliament troubled with needless applications; for I conceive this Court was placed (as will be shown) between the House of Lords and House of Commons for the Masters to sit there in time of Parliament, as Tryers of Petitions to either House, and were to judge, whether the matter was proper for either House, or any other Court, which doubtless did take off a great expense of time from both Houses, and from entangling them in matters which were properly relievable in other places. 4. There are three forts of Seals which are chief used for public Affairs; two of them pass under the names of Privy or Private, the other, the Great or Broad-Seal: yet for a clearer distinction, one of the two is called the Privy Signet, and hath four Clerks to attend its Office, the other the Privy-Seal and hath also four Clerks to attend its Office; and the third is called, (as I said) the Great Seal, and hath properly six Clerks to attend it, but increased to many more. The Privy Signet is under the Custody of the Chief Secretary of State; the Privy Seal, under the Custody of the Lord Privy Seal; and the Broad Seal under the Custody of the Lord Chancellor, or Lord Keeper, so as most matters which concern a declaration of the King's pleasure in writing, do take their rise from the Privy Signet, and from thence transmitted to the Privy Seal, and from thence to the Great Seal, to receive its determination. 5. But to pass by all private or public Matters about which these three Officers are concerned, this is certain, that the Clerks of these three Offices (excluding none) in some form or other are concerned in the Warrants and Writs, etc. for the Summoning every Parliament. 6. When the chief Officer of this Office did pass under the Title of Keeper, or Clerk of the Privy Seal, most of them were ecclesiastics, yet having this Office, he had his Writ of Summons and Place in the Lord's House, as may be collected from the Rolls of 15 Edw. 3. when Sir William Keldsly was Keeper of the Privy Seal, and 20 Edw. 3. when Mr. Jo. Thoresby was called Clerk of the Privy Seal, and from 28 Edw. 3. when Sir Michael of Northumberland was Keeper of the Privy Seal, (Sir being an Epithet given in those days to the Clergy) and still in use in the Universities for Bachelors of Arts) and from 11 R. 2. and 1 & 2 H. 4. when Sir Richard Clifford was Keeper of the Privy Seal, and these had Writs, and from 3, & 4 H. 6. a Writ was expressly sent Magistro Willielmo Alrevill Custodi privati sigilli, and from that time (the Rolls and Pawns which speak of them are dormant or wanting) to the Pawn of 30 H. 8. when the Writ to John; Earl of Bedford, is there entered Castos privati sigilli, and he being so in 31 H. 8. (when the Act was made) his Precedency was settled as is therein shown) and there first entitled Lord Privy Seal, and so this Officer hath continued in that additional Title of Lord to this time. However in the Latin Writs he is styled only Custos privati sigilli, without the addition of Dominus, and so in the very Pawn of that year, and in 36 H. 8. and is no more mentioned in any of the Pawns, till 6 and 7 Edw. 6. when John, Earl of Bedford, was still Custos privati sigilli, and from that time those Pawns which are extant do not mention that Officer, till 1 Car. 1. when Edward, Earl of Worcester, was entered Custos privati sigilli; and 15 Car. 1. when Henry, Earl of Manchester, was Custos privati sigilli, and had their Writs; but in this Pawn of 13 Car. 2. none is mentioned, and yet the Lord Roberts was then Lord Privy Seal, so as it was an omission of the Clerks, as I conceive. 7. Most of the Keepers of the Privy Seal (as I have observed) were ecclesiastics before 30 H. 8. but since that time this Office hath been conferred only upon such as were Temporal Lords, above the degree of Barons, and not under. 8. This great Officer hath also an apartment near the Lords House, for his accommodations, and sometimes used for the Lords Committees, as will be shown. 9 These four last mentioned are placed in this order in the Lord's House, whether or not they be of any of the Noble Degrees. John, Lord Roberts, of Truro, Lord Privy Seal, was Summoned by Writ of Feb. 1661. See Chap. 2. SECT. X. Of the Lord Great Chamberlain of England. THE five foregoing Officers of State, viz. Vicegerent, Chancellor, Treasurer, President, and Privy Seal, were anciently chosen out of Ecclesiastic Degrees, but those which I am now to speak of (except the Secretaries, being for the most part also Clergymen) were chosen out of Laics, persons of the greatest Merit, Fortunes, or Families, and had their Places as they were annexed to the Degrees of the Nobility. 2. The learned Institutor saith, that if the King gave Lands to a man, to hold of him to be Chancellor of England, Chamberlain of England, Constable of England, Marshal of England, or High Steward of England, etc. these Tenors were called Grand Sergeanties', and these and such like Grand Sergeanties' were of great and high Jurisdictions, some of them concerned matters Military in time of Wars, and some services of Honour in time of Peace. 3. This Officer ever was, and still is in great Veneration and Use, and I conceive, though now most of his Employments are about the King's Court, yet the word Camerarius, which we call Chamberlain, was like to that among the Romans, called Comes Aerarij, and had such relation to the Treasury of the Kingdom, as the Chamberlains of London, and the Chamberlains of the Palatines of Lancaster and Chester have to their distinct Treasuries (of which I shall speak more fully in order (as also in my Annotations) and I apprehend that these great Officers need not Writs, because it is requisite these should be always attending on the King's Person; but when they are otherwise commanded to his Employments in their Offices, and there is scarce any of them, especially this, but are so glutinated to some Noble Person, that it cannot be said whether the Writ be more in respect of the Office, or Person that Manageth that Office. 4. This Office was enjoyed for many Successions by the Earls of Oxford (till Richard the Second by violence took it away) the House of Commons, 1 H. 4. prayed the King, that it might be restored to Richard, then Earl of Oxford, being (as it was then alleged) his due Inheritance, yet in 1 H. 6. that King granted it to the Duke of Gloucester, the 36th of Hen. 8. the Writ was to Edward, Earl of Hertford, Magno Camerario Angliae, and 1 Edw. 6. to John, Earl of Warwick, Magno Camerario Angliae. Afterwards, by a Match, it was hereditated to the Family of the Berties, who, after some disputes about the Title, did sit in Parliament, in the time of Charles the First and this Parliament, as Earl of Lindsey, and Lord great Chamberlain of England, whereby one part which his Lordship is to act (as his Predecessors had done) is to take care, that all things be provided in the House of Lords that may suit with the Grandeur and Conveniencies of the Persons who are there to be employed, and for that and other purposes he hath also an Apartment near the Lords House, as will be shown. 5. Montague (Bertie) Earl of Lindsey, Lord Great Chamberlain of England, was summoned by Writ, Feb. 18. 1661. See Cap. 2. SECT. XI. Of the High Constable of England. IT may be well supposed, that Constabularius Angliae, was instead of Comes stabuli amongst the old Romans, which was commonly taken for the Master of the Horse to the Emperor, and is a Place still of great Honour in most parts of Europe; but I conceive he was rather called Comes stabuli, as an Officer or Office of refuge, for so stabulum also signifies. However for many Ages this Office was held in Grand Sergeanty by those persons hereafter named, but in 12 H. 8. it became forfeited to the Crown, and since that never granted to any Subject, but pro hac vice, at some Solemnities, as at the Coronation of King Charles the Second, in April 1661., a little before this Parliament, Algernoone Piercy, Earl of Nortbumberland, was made High Constable of England, pro hac vice, for with the Ceremony of that day his Office ended; and Henry the Eighth, I conceive, did enter it in the Act of 31 of his Reign, that in case there should be any use of this Officer, when any such Solemnity happened, in time of Parliament, his place might be known without dispute. 3. Before the 13th. of Henry the 8th. in some respects it had a greater power than the Earl Marshal, and in others equal to it, and so the extravagant parts being taken away, the rest fixed in the Earl Marshal, (of whom I shall speak next) however it hath left a name of great honour and use; those of Honour are the Constable of Dover, etc. those of Use are the high Constables and Constables dispersed in all parts of England. 4. Whilst this great Officer was of constant use, he was constantly summoned to Parliaments, viz. 50. E. 3. Thomas de Woodstock, Comes de Buck, Constabularius Angliae, and so that 1.3. and 4. Ric. 2. & Thomas Dux Glostriae, Constabularius Angliae, 17. R. 2. and the 1st. of Hen. the 4th Henry Percy Earl of Northumberland Constab. Angliae, and the 2d. of Hen. the 5th. and 1. H 6. Summons to Humphrey Duke of Gloster Const. Angliae, and to John Duke of Bedford Const. Angliae 2. H. 6. and from thence again to the Duke of Buckingham Const. Angliae, but from thence to the 20. of Hen. the 8. there are no Pawns, as I said, to guide us to the knowledge of such as were summoned to the intervening Parliaments, but it appears by other Records that in the 13th. of Hen. the 8. this Office of Constable of England was turned into an hac vice, and so only granted upon the Solemnity of Coronation, and thereupon is not mentioned in any following Pawns to this time, or was of any use in this Parliament. SECT. XII. Of the Earl Marshal of England. THis great Officer hath not so great a Latitude of power as the Constable of England had, yet he hath under his Jurisdiction the Care of the Common Peace of the Land, in deeds of Am's and matters of War, (when it happens in Foreign or Domestic parts) in most of which he is guided by the Civil Laws, and yet not to do any thing repugnant to the Common Laws. In times of War he is more absolute, in times of Peace less: this mane of Marshal ('tis very probable) had its Original from Mars the Romans God of War, and was the same which they called Comes Militum. 2. However with us this Great Officer had and hath several Courts under his Jurisdiction, viz. the Court of Chivalry (now almost forgotten) and the Court of Honour (now quiet laid aside) but the Sedes Mariscalli or Court of Marshalsee is still in being (where he may sit in Judgement against Criminals offending within the verge of the King's Court) and the chief Officer under him is called the Knight Marshal. 3. As also the Herald Office or College, where when doubts arise, concerning Descents, Pedigrees, Escuchteons', &c. he determins them; this was Incorporated by Ric. the 3d. and many privileges added by Philip, and Mary, 4. and 5. 4. Heralds amongst the old Romans were a certain Order of Priests, (called Faeciales) and so termed because Bello paceque faciendo apud eos jus erat pronuntiare, etc. they were also called Caduceatores, (from a little wand, which they carried) whereon was fixed two wings to represent Mercury, (the nimble Messenger of War) & quod Contentionem & Bella Cadere facerent.) 5. This Office or College consists of 3 Regulators of Arms, Ceremonies, Pedigrees, and Descents of Nobility and Gentry; the first is called Garter Rex Armorum Principalis, chief King at Arms, and is also an Officer to the Sovereign, and Knights Companions of the most noble order of the Garter: the 2d. called Clarentius also King of Arms, but his Jurisdiction is only on the Southside of Trent; The 3d. called Norray, also King of Arms for the Northside of Trent; these two being confined, but Garter not consigned. 6. Besides these, there are 6 more properly called Heralds, quasi Honorem tenentes, Haeredes Aulae dicentes, such as are able to give an account to the Court, of Heirs to Families, and these have distinct Titles distinguishing their Employments, viz. 1. York, 2. Lancaster, 3. Somerset, 4. Richmond, 5. Chester, 6. Windlesour. 7. And there are also 4 Under Graduates called Pursuivants, or such who with readiness do pursue the Commands of their Superior Officers, properly in Marshal Causes) and therefore called Pursuivants at Arms, to distinguish them from other Pursuivants or Messengers from other Courts, and these 4 have also 4 distinct Titles. viz. Blewmantle, 2. Rougecross, 3. Rouge-Dragon, 4. Portcullis; but of the Earl Marshal, and Heralds, I shall speak more as they are employed in Parliamentary Ceremonies. 8. There is no doubt but these Earls Marshals have for many ages sat in Parliaments, viz. the Duke of Norfolk, Marshal of England, was summoned 15 Ed. 2. But 11 R. 2. the Title of Earl Marshal of England being by Patent granted to Thomas de Mowbray, Earl of Nottingham, and entailed on the Heirs Males of his Body, which failing, yet the Title of Mowbray descending on Thomas Earl of Arundel, King James did by Patent make him Earl Marshal for life, and he was Summoned to Parliament by both Titles, but he dying, Thomas Earl of Arundel and Mowbray Grandson and Heir to the said Thomas had no Writ provided for him, in Feb. 1660 when this Pawn was made, being then supposed to be a Lunatic, and upon that account kept close at Milan in Italy; but soon after by the Solicitation of Henry Howard (next Brother and Heir to the said supposed Lunatic) the Dukedom of Norfolk was restored after a long Attainder, and by Act of Parliament settled on the said Thomas the Grandson, and the said Henry being soon after created Earl of Norwick, did manage the Office of Earl Marshal, and had a Patent for the same from this present King Charles, therein settling this Office upon him and the Heirs Males of his Body, with a large Entail for want of such Issue to the next Heir Male of that Noble Family. So Henry was Summoned about the middle of this Parliament as Earl of Norwich, with the Title also of Earl Marshal, and Duke Thomas, dying at Milan about the end of this Parliament, Henry the Brother succeeded in the Dukedom, and sat as Duke of Norfolk, and Henry the Eldest Son of the said Duke Henry, being then entitled Earl of Arundel, did sit as Earl of Arundel and Lord Mowbray, so as that Title of Earl Marshal is in Duke Henry, and the Title of Mowbray in the Earl of Arundel, and that Title of Earl Marshal only inpossibility to come again into Mowbray. And this may be added, that during Duke Thomas his Life James Earl of Suffolk by Deputation did execute that Office for reasons which I leave to other Writers. SECT. XIII. Of the Lord Admiral of England. Obs. I THE Kings of England do constantly make Admirals of Squadrons of Ships, but the Admiral which I am here to speak of, is the highest of all, entitled the Lord Admiral of England, and may be well called Admirals, from their seeing and knowing the mirabilia, or Wonders of the Deep. The Greeks called this Officer Thalassiarcha, from Thalassa, the Sea, and Archos, the Chief at Sea, and from thence the Romans (according to the Latin Idiom) called him Thalassiarchus, and of later days Admirallus (which is no Latin word) and in English Admiral. 2. To him is committed the Government of the King of England's Navy, and Power to decide all causes Maritime, as well Civil as Criminal, and of all things done on, or beyond the Seas in any part of the World, and many other Jurisdictions on the Coasts, and in Ports, Havens, and Rivers, and of such Wrecks and Prizes as are called by the Lawyers, Lagon, Jetson, and Flotson, that is, Goods lying in the Sea, floating on the Sea, or cast by the Sea on the shore (admitting some few exceptions and Royalties granted to other Lords of Manors.) And these and all other Cases dependant on this Jurisdiction are determined in his Courts of Admiralty, by such Rules of the Civil Law as do not invade the Common Laws of England. 3. And of these Civil Laws which concern Sea affairs there are two most eminent Guiders to Civilians, viz. Those made at Rhodes (in the Mediterranean) by the Grecians, and augmented by the Romans, called Lex Rhodia, or the Rhodian Law. The other made at Oleron (an Island anciently belonging to England, but lying on the borders of France) by out King Richard the First, both of which are still in great veneration. 4. So as well for the Laws by which he governs the Maritime concerns, as for his great Jurisdiction, being as vast as the Ocean, he may be said to have alterum Imperium, extra & intra Imperium, and therefore this Honour and Care is entrusted to the hands of some one of the Blood Royal, or some one or more jointly of the most eminent of the Nobility. 5. And in respect of this Power there is a constant Converse and Commerce with all parts of the World, especially where the Civil Laws are practised, and therefore it hath been the prudence of our former Kings (even to this day) to allot him a place in the Lord's House, as to the Marshal of England, (for both of their concerns are chief managed (as I have shown) by the Civil Laws) so as the Lord Marshal and Lord Admiral may be looked on as the two Supporters to the learned Professors of those Laws, as the other Lords are to the Professors of the Common Laws, and possibly the greatest number of the Masters of Chancery (of whom I shall speak in order) (who sit in the Lord's House) were originally contrived to be Doctors of the Civil Laws, upon this ground, That if there were at any time just occasion in that House to make use of any points in that Profession, they might give their advices or opinions therein. 6. This Dignity, as I said, was ever conferred upon some of the chief Nobility, by virtue whereof they had their Writs of Summons, and their Place in the Lord's House, and this long before the Act of Precedency, for we find the Earl of Arundel, in 13 Edw. 3. and the Earl of Northumberland, in 7 R. 2. the Earl of Devon, and Marquis of Dorset in the same King's time, and so the Earls of Salisbury, Shrewsbury, Worcester, and Wiltshire, and others of the like Degrees recited in the Clause Rolls, (needless to remunerate) being Admirals were summoned, and in our extant Pawns, in 36 H. 8. Johanni Dudley, Vicecomiti Lisle, Magno Admirallo, and in 1 E. 6. Tho. Dom. Seymer, Magno Admirallo, and in 7 Edw. 6. Edu. Fenys, Domino Clinton, Magno Admirallo, and in 1, 2, 3, 4, Mariae, & Phil. & Mar. Gulielmo Howard de Effingham, Magno Admirallo, and in 4 & 5 Phil. & Mar. Edw. Fenys (again) and Charles, Earl of Nottingham, in Queen Elizabeth's time, and George, Duke of Buckingham, in King James' time and King Charles the First's time, were still summoned to Parliament with the Title of Admiral added to their hereditary Titles in their Writs, and to this Parliament, Jacobo, Duci Ebor. Magno Admirallo, etc. And all these had their places in the Lord's House according to the Act of Precedency, as those before the Act was made. This Office was conferred on the Duke of York for this Parliament. Vid. Cap. 2. SECT. XIV. Of the Lord Steward of the King's House. AS for the Orthography and Etymology and Antiquity of this Title Steward, Obs. I. I shall refer them to my Annotations. However as it is sometimes writ with a T, and sometimes a D, it is under four Considerations; the first, as it represents a Royal Name and Family, and therefore for distinction, this is writ Stewart with a T, and hath the superintendence, chief interest and influence in all Parliaments since that Name was of that use in England. 2. The other three are Titles official, and written Steward with a D: and as a further distinction from the first, in Latin they are called Seneschalli, and this, the chief of the three, is called Seneschallus Angliae, or Lord High Steward of England, of whom I shall give a full account in the Chapter of the Trials per Pares, and show how this great Officer is employed either in or out of Parliaments. 3. The last and least Degree of the 3 is called also Senescallus, such as are the Stewards of Corporate Towns, or Manors which are not concerned in the Summons, or of use in Parliaments, otherwise than as considerable Assistants in Elections of Members to serve in Parliaments; But the Lord Steward of whom I now speak was called in H. the 8th. time, Magnus Magister Hospitij Regis, or the Great Master of the King's Household, and ever since Magnus Senescallus Hospitij Regis, or the Lord high Steward of the King's House, and he hath not only an eminent Employment, Trust, and Authority, in ordering the King's Household, but an Authority above all Officers of that House, except the Chapel, Chamber, and Stables, but in all Parliaments is obliged to attend the King's Person, to adjust their Parliamentary expenses, (Westminster being anciently the King's Court, and still within its Verge and his Lordship's Jurisdiction.) 4. His place is appointed by the Act of Precedency in this order; not but that he was Summoned to Parliaments before that Act, as may be seen in several Clause-Rolls of Rich. the 2d. etc. but after the said Act, viz. 36. H. 8. Charles Duke of Suffolk was Summoned, and his Writs directed Magno Magistro Hospitij sui, but after that, as in this very Parliament 1661. the Writ to the Duke of Ormond was Jacobo D'no Brecon, (being his English Title by which he sits in Parliament) Vid. Cap. 2. Senescallo Hospitij, (Magnus Magister & Senescallus, being still the same Officer, though varying in Title. SECT. XV. Of the Lord Chamberlain of the King's Household. THat High-Chamberlain before mentioned is called Magnus Camerarius, Obs. I. but this hath not that Epithet of Magnus, and yet his authority is very great within the Verge of the King's Court; so that though there is some Subordination, yet in many great Regalios he hath an entire command, and even in some things which concern the conveniency of a Parliament, (and its places of Addresses to the King) that the furniture of the Rooms may be suitable to the Majesty and Grandeur of such as are employed there. 2. He hath been anciently summoned to sit there, as may be seen in the Clause-Rolls of the 25. and 27. and 28. of Edw. the 3d. in the Summons of Sir Bartholomew Bergehurst Camerario Hospitij, he being also Guarden of the Cinqueports, and in 1. H. 4. to Sir Tho. Erpingham, Baneret, Camerario Hospitij, he being also Guarden of the Cinqueports, and so the 10. H. 6. to Radulpho Cromwell Chevalier or Baron, Camerario Hospitij, I might instance many others, but I shall skip as the Records do to the Act of Precedency, 31. H. 8. where he is called the King's Chamberlain, and in the Pawns of the 36. H. 8. the Writ was Carolo Duci Suff. Magno Magistro Hospitij sui & Praesidenti Consilii sui, (and in the same Pawn which may be observable, the Office of great Chamberlain of England was supplied by Edward Earl of Hereford, of a lesser Degree than a Duke) in the 6. and 7. Edw. 6. the Writ was Tho. D'no Darcy Chevaleer Camerario Hospitij sui, and in the 43. Eliz. to Tho. Cary Lord Hunsden, Camerario Hospitij, and continues in the same Office, he was Summoned again primo. Jacobi, and in the 15. Car. 1. Philip Earl of Penbrook was Summoned, Camerario Hospiti sui, and to this Parliament, first Edward Earl of Manchester, Camerario Hospitij, then Henry Earl of St. Alban Camerario Hospitij, and after him Hen. Earl of Arlington, Camerario Hospitij, who continued his place and precedency in this Parliament to the Dissolution of it. 3. Edward Earl of Manchester Lord Chamberlain of the King's Household was Summoned so by Writ 18. Feb. 1661. Vid. Cap. 2. SECT. XVI. Of the Principal Secretary of State. HE brings up the Honourable Rear to all the 12. Officers of State, both in this Act of Precedency and in the Pawns, and therefore I may the more justifiably defer my Discourse of him, till I come to his Writ of Summons, and past the method of the Pawn, as I have done the method used in the Act of Precedency, and so conclude these Sections with some few Observations. Observations. WHen the Act of 31. H. 8. was made, Obs. I. the State Officers (though now but 9 in use, were then 12. a Number (as I shall show) agreeable to the 12 Judges, 12 Masters of Chancery, 12 Constituting a Jury, and much more of the efficacy of that number, (cited by the Learned Institutor and Petrus Bongus de Sacris Numeris) and this number is thus used by us, as 'tis thought, in veneration, either to the 12 Tribes of the Jews, or 12 Tables Sacred among the Old Romans, or to to the 12 Apostles of the Christian Religion, or 12 Signs in the Zodiac reverenct in Astrology 2. That if the Writs to any of these Officers, be to any of the Lords Spiritual, or such Officers as have usually consisted of the Clergy, as the Lord Chancellor or Lord Keeper, the Lord Treasurer, Lord Privy Seal, than the Writs were like the Assistants Writs to the Judges, (of which I shall speak in order) but if any of these Offices be executed by any of the Temporal Lords, than the Writ is the same as to that noble Person to whom the Office is anext, or if any be Summoned merely virtute Officij without annexation, to the Degree of some Lord Spiritual or Temporal Lord, than the Writ is only as an Assistant Writ, and they sit in the Lord's House but as Assistants without Vote, etc. as will be shown. 3. Sir Edward Nicholas Knight was summoned by Writ dat. 18. Feb. 1661. Vid. Cap. 2. and now I proceed to the fixed Nobility, called Lords Temporal. CHAP. V. SECT. I. Of the Degrees of Nobles. Obs. I Have given a short Character of the Grand Officers and Ministers of State, and now according to the Act of Precedency, I shall speak of the fixed Nobility, as they are considered in Distinct Degrees; and these are not mentioned distinctly in the Kings Warrant for Summoning a Parliament, but referred therein to the Lord Chancellor to distinguish them by their Writs. 1. As for the Nobility in general, most Authors derive the word Nobiles or Nobles in the Plural, from Noscibiles, viz. Viri Nobiles or Persons endued with great knowledge than other men, and so conceive it may admit of another Etymology, viz. Nobilis, quasi Non-bilis, i. e. men of such debonair and complacent tempers, and so much Masters of their passions, that they are not (in respect of their better Education) subject to choler, wrath, or fierceness, (for so the word Bilis is Englisht) but of even and serene tempers, which dispositions are fittest for Affairs relating to Government: but to pass these niceties, the Question is amongst some. 2. How far the Degrees of Nobility do extend? which is partly resolved by Sir Tho. Smith in his Republica, who saith there be two sorts of Nobles, viz. Majores and Minores, (and this was according to the Old Romans,) the Majores he calls the fixed Hereditary Nobles diversifide into 6 Degrees, viz. Princes of the Blood, (of whom I have spoken in Cap. the 4th.) Dukes, Marquesses, Earls, Viscounts and Barons, (not of the Blood) and descend no lower, and these are capacitated by such Creations and Writs to sit in the Lord's House. The Minores he gins at Knights, (for he wrote before Baronet's were known) Esquires, and Gentlemen, and descended no lower; and out of these, the Knights, Citizens, and Burgesses for Parliaments are Elected and Composed, and thereby capacitated to sit therein, as the Representatives of the Commons of England: but of these Nobiles Minores I shall speak more in the second part of this Treatise; but of the Majores now in their Order, which consist of 5 Degrees, besides those of the Stem Royal, (of which I have spoke) and first of Dukes. SECT. II. Of Dukes. BEfore I proceed to the Writs of Summons to the Individuals of these Degrees, Obs. I. I shall give a brief description of the nature of them; and first as for the word Duke, it is the same with Dux in Latin, (from Duco to lead) for they were anciently Leaders of Armies, and thereby gained that Title, (as might be shown from Histories) and were it not for hindering my other intentions, I might recite most of the Learned Seldens Authorities, (which he hath rendered from other Authors concerning Dukes) but in short he tells us that Comes i. e. a Count or Earl was esteemed of an higher quality than Duke, and that Earl was chief in Matters Civil, and Duke in Matters Military; but in process of time the Sword got the upper hand, and priority of Earl; and further saith that both Dukes and Earls from Substitutes to their Princes, (in certain dependent Territories) became afterwards Sovereigns, (as the great Duke of Tuscany, etc. and the Earl of Flanders, etc. (still owning the Titles of Dukes or Earls, though they had gained an entire and independent Sovereignty.) 2. The diversity of Names attributed to Dukes, both in sacred, profane, and modern stories, were according to the humour of the region where they swayed; for in some Nations he was called Princeps, Magnus, Illustrissimus, Robustus, Millenarius, (that is a Duke, or Leader of a Thousand Men) in other Countries, Grave, Wayward, and Despot, and still the words Duke and Earl, promiscuously used to one and the same Person: but whatever they were or are in foreign parts, Dukes are now in England accounted the chief and most honourable Subjects, and first Degree of Nobility (except Princes or Dukes of the Blood-Royal) and, as a distinction from the rest, is called Grace) given to no other Spiritual Lord, but the Arch-Bishops of Canterbury and York, and to no other Temporal Lord, (except to the Lord High Steward, pro hac vice, upon trial of Peers) for the Princes and Dukes of the Blood, are entitled Highness, and all the other Temporal Lords, Right Honourable, but any of those being Admiral or General, Excellence. 3. The Title of Duke was very probably used here in England before Edward the Third's time; for History tells us of Asclepiodolus, Duke of Cornwall, in Anno Christi, 232. (which was in the time of our old Britain's) and well might he be called Duke, for disgarrisoning of all the Roman Holds, Prideaux Introduct. to Hist. and for his quick Marches to London, and killing the Governor thereof, and for many other Heroic Actions, in freeing his Country from their Servitude. However, there were many Dukes Created in Germany about that time. But our History tells us, That none was Created a Duke in England, Selden. Speed 's Acts. till 11 Edw. 3. An. Christi, 1344. when the King in Parliament Created his eldest Son, Edward, (being first made Earl of Chester) than Duke of Cornwall, and from thence that County was erected to a Duchy or Dukedom, and many more Dukes, both in that King's time, and almost in every King's Reign since that time, have been Created to that Title. 4. The Dukes of England are of two sorts, first, those of the Blood Royal, i. e. such as have a possibility to inherit the Crown upon a legal succession. 2dly, Those not of the Blood Royal, i. e. such as are not related to the Succession of the Crown, or at least so remote, that it is not visible to mere probability; and these two sorts have sat in former and in this Parliament, as will be shown. 5. As they are distinguished in their Titles, so they are also in their Coronets, Robes, and Habits, etc. with which they are invested before they enter the House of Lords, (which will be in the third Part of this Treatise represented in Figures.) 6. Here I must not pass over one observable, That to this Parliament of 13 Car. 2. there were three Dukes summoned by Writ, viz. George, Duke of Buckingham, Charles, Duke of Richmond, and George, Duke of Albemarle; the Duke of Buckingham was then Master of the Horse, the Duke of Richmond of the Blood Royal, by the Scotish Line, yet neither of those two appendent Titles were mentioned in their Writs; but George, Duke of Albemarle, in his Writ is entitled, Generalis exercituum suorum, and is placed the third in that Record, and the reason may be, because there was no provision for that great Office in the Act of Precedency, whereby to preceded all of the same degree (as other degrees do) (being a Title not mentioned in the Act, though on some occasions he precedes by virtue of his Office the other grand Officers) and so being not in the Act he is named in this Pawn the last of the three Dukes, without respect to his Office of Generalship. Nor do I find in any Clause Roll, or Pawn, the Title of General annexed in any Parliament Writ to any one of the Degrees (except this) though History does plentifully furnish us with several persons of those several Degrees who were Generals when Parliaments were summoned; and yet, as I said, there is no provision in this Act, for the Place or Precedency of this great Officer, as there is for the Marshal, Admiral, etc. although his great merits might well have deserved an additional Clause to that Act for his precedency. 7. Three Dukes were summoned 18 Feb. 1661. as in the Pawn, vide cap. 2. The next Degree to Dukes are Marquesses. SECT. III. Of Marquesses. THe third Degree of the Hereditary and fixed Nobility, is entitled, Marquio, Obs. I. (and Marquis in English) which began in Germany, Anno Christi, 925. when Henry, (Emperor of Germany) and the first of that Name in that Empire) Created Sigefred (than Earl of Kinglesheim) Marquis of Brandenburg; who after, in the Year 1525. having the addition of Duke of Prussia, did exchange the Title of Marquis, to be called Duke of Brandenburg: However, he was the first Marquis of that Empire, and probably the Emperor did fix this Title between the Dukes and Earls, that there might be no more disputes concerning them; for the two Titles of Duke and Earl were promiscuously used till this Title of Marquis was interposed; and the same reason might also occasion Philip the Fair, King of France, 425 years after, viz. Anno Christi, 1350. to insert into John, Duke of Britain's Patent: ne posset (saith the Patent) in dubium revocari Ducem ipsum (qui Comes fuit aliquando, etc.) ut Ducem in posterum deberet vocari, etc. and the reason is therein given, Selden. Quod Comitatus ejus potius debet duci & esse Ducatus, quam Comitatus, quoniam sub se habet decem & ultra Comitatus, and 56 years after, viz. Anno Christi, 1386. This might occasion also our Richard the Second, to make Robert d'Vere the first Marquis of England by Creation, and hereby the dispute between the two Titles of Duke and Earl, or Comes, was settled both in the Empire, in France, and in England, by the interposed Title of Marquis. 2. From whence this Title is derived, there are several conjectures, but most agree, That it comes from Marken, or Mark, or March, (High Dutch words) signifying with them as with us, a Mark or Limit, and from thence he that was deputed Governor of that Limit or Mark which he was to take care of, and preserve, was called a Marches, or Marquis, and the Territory under his Jurisdiction, a Marquisate, and to this day the Marquisate of Brandenburg is divided into three Marks, or Marches, viz. Altemark, or old March, Heylin's Cosm. the middle Mark, and the new Mark, or March: and we in England do still call such kind of Limits by the name of Marks, or Marches, viz. the Marches of Wales, and the Marches of Scotland, which were Frontiers to be defended against the Scots and Welsh; and some would derive Marquis from Mare, the Sea, because their Marken or Limits were juxta Mare posita, and the learned Selden (in his Titles of Honour) likes it well enough, that Marquis should be derived from Marken, but not Marken from Mare. 3. But I must not ravil into Disputes of this Nature, and therefore shall refer them to his Book, and my Annotations, and conclude this Section with this, That as most Surnames are derived from some significant word or words, so these noble Titles (without derogation to their other Titles) are from some signal Action, as a Duke from leading an Army; a Marquis from Maris acquisitio, (a gaining something from the Sea, or preserving something against the Sea) and so of the other Titles (as will be shown) and thereupon had condignal Honours conferred on them, to testify their Employments, which are since (as Memorials of their Merits (therein become hereditary. 4. Four Marquesses were summoned, 18 Feb. 1661. as in the Pawn, vide Cap. 2. SECT. iv Of Earls. THe learned Selden tells us, Obs. I. (as I have shown) That the Titles of Dukes, and Counts, or Earls, were promiscuously used as well in foreign parts as in England, till the Title of Marquis was interposed; and it is agreed, that Comes is the Latin word for Count, (in whatever Territory that word is used) and that Count is derived from Commitatus, or County; and Comitatus from Committo, denoting the particular County committed to his Care) and vice versa, Committo begets Comitatus, or County, and Comitatus, Comes, a Count, i. e. Earl. Of these Counts the learned Selden reckons but 6 Sorts, viz. the Single Count, (who hath no addition but his Christian name) 2d. Count Palatine (from Palatium or some Palace in it,) 3d. Count of the Empire, 4th. Count of Frontiers, where the Title of Marquis is also used instead of Count, 5th. Count of Provinces, (or Counties joined) which in Foreign parts are called Landgraves, (the word Grave and Comes signifying the same Title) and 6th. Count of Cities or Towns, and these latter, as in England, are called Comites Castrenses or Burgraves, or Counts of Castles or Burroughs, (all which are more fully described in his second Book.) But I find that Cassiodorus in his 6th. Book mentions 22 Sorts more than Mr. Selden, of which 6 of Mr. Seldens, or 28 of Cassiodorus, we in England retain but few, viz. a Count of a County, (as Algernonus, Comes Northumbriae; A Count of a City, (as Albericus or Awbry, Comes Oxoniae (or Oxford,) and Guilelmus, Comes Novi Castri or New Castle upon Tine, (being both a Castle and Burrough.) 3. All the curiosity lies in finding out how Comes or Count happens to be transmutted into the word Earl, so much different in Pronunciation and Orthography from each other, and yet, as we say, are the same in Substance. 4. Now it being no hard matter to believe (as I have shown) that Duke is derived from Duco, and Marquis from Mare, but Earl from Comes or Count, is not so intelligible; but this may be said, that the Saxons from whom we borrow this word Earl, did use it as a word of Honour, and in the same sense with Comes, for they did call their chiefest Governors of Shires, (of which many of our Counties still retain that name, as will be shown) and of Cities and Burroughs, by the name of Earldermen, and for a more easy pronounciation Ealderman, and after Alderman, and for brevity Earl, and the Danes after them Earlan; and commonly the Earlan or Earl had a Shire or more for his Earldom, and the number of Earls increasing, some had part of a Shire, others some chief Town, of which he was made Earl or Earldermanus; and whatever other Etymologers say, (of which I can speak more freely in my Annotations) I conceive the Dominion of those Earls were allotted near some spreading Rivers, (in Fenny-Countries) which are to this day called Eas, and those Inland Isles (which we now write Island, Sir William Dugdale. and some corruptly calls Eyes) were anciently writ Ealands, as Rumen-ea, (now Rumney-Marshes in Kent) and Ely an Island in Cambridgeshire is anciently writ Ealand, and so Worrel Island, (near Chester) sometimes called Ealand, and sometimes Island, and I could reckon up what I have seen in Cambridgeshire, and Lincolnshire, at least 40 ancient Cuts and Sewers of Water, which still are called and writ by the name of Ea, viz. Boston Ea in Lincolnshire, Popham Ea in Northhamptonshire, (signifying great Waters in those places) and many more might be instanced to prove that as Marquis may safely be derived from Mare, (as denoting one that had the guard of the inundations from Saltwaters) so Earl may as safely be derived from Ea, (or one that had the guard and care against the Inland inundations of fresh waters) and some observe that this word Ea is still retained in most of those Counties which are entitled Shires, or bordering on those Shires (Shire being (a Saxon word) as will be shown) but in other Counties which are not called Shires, the word Ea is scarce known, so as Comes or Count was used in such places as were called Counties, and Earl in such as were called Shires. 5. This Tutelage of grounds gained or preserved from waters, was so great an honour, that Caius Marius, (who was made seven times Consul or Comes, (for as Selden saith, Comites dici possunt consuls a Consulendo) which was rendered Earl, did by a Cut or Drain so secure the Inundation of Salt waters often overflowing a large Fenny County near Arles in France, that in memory of so beneficial a Work, it was called Fossa Mariana, (or the Consul Marius his Drain) and in Pompey's time the securing of the inundations of Freshes about 40 Miles from Rome was esteemed to be so good Service, that one of the two Consuls were usually appointed to attend the Enemy, the other had the care of the Ea or Watery Enemy; and it is no small honour now to the Earl of Bedford to be Governor of 365000 Acres of Fenny Grounds, entitled by his name of Bedford Level subject to inundations, but by his vigilance preserus it. 6. And when this Title of Earl was first given in England, (as 'tis said) by William the first, to Hugo de Aurank or the Ibrinks, making him Earl of Chester, it was doubtless from some eminent Service done in preserving the Banks or Brinks of that County against the inundations of the River Dee upon the Southside of Worrcl Ealand aforesaid, reaching from the Town of Chester to the Hebrea, for shortness called Heber, and so round that Hundred, (besides the Banks in other parts of that County.) Some do question whether this d'Aurank or d'Ibrink was the first Earl, but 'tis likely he was so Titularly, and other the like Earls before him: but that which is agreed on is, that Albericus or Aubry d'Vere, was the first that was by Charter (or Patent) created Earl by Henry the 2d. who had the additional Title of Earl of Oxford or Oxenford in Oxfordshire, and continues in that Family to this day; but I cannot pass the word Ford, which doth imply a passable Ea or Water, which was necessarily to be preserved from the overflowing of at least 7 several Rivers in that little County, for the more safe passage of Men and Oxen. 7. To conclude, Ihope I may be allowed so much of the Art of Tachygraphy or short writing, as may render my application of this word more plausible, by writing Earl for Ea Regalia, so as whether Ea be considered as a Saxon word, or the plural of the pronoun Ea, it confirms my notion, and may serve as well to explain the word Earl, as SPQR the Senate and People of Rome, or DNS to signify a Baron of the Realm or Chr. Chevaleer. 8. I have said sufficiently of the word; now as to the antiquity of it in England, it is Authentic from History and Record, that the word Earl and Honour of it, was in use in the Saxons, and Danes time, and continued with the Normans, and Earls had the like extensive power in Shires and Counties as they have had since their formal creation by Charter, which it seems was a mode and form not used till this to the Earl of Oxford, since which there hath been some variations in the Form, but especially in the time of Henry the eighth and King James, as will be seen when I come to recite so much of their Charters of Creation as relate to their interests in Parliament. 9 The learned Selden divides this Title into two sorts, a Local and a Personal Earl; by Local he means such Counties, Cities, Castles, Towns, or Burroughs, as are fixed to the Title of Earl, (or Comes) as Earl of Oxford, Earl of Kent, etc. (being not County Palatines) or of such as are County Palatines, whereof there are five, viz. Cheshire, Lancashire, (which are in the Crown) Pembrokeshire (in the present Earl of Pembroke) Durham and Ely, (which too are County Palatines, belonging to the Bishops of those Counties, never granted to any Temporal Earls) so as the Bishops of Ely and Durham do sit in Parliament Virtute Tenurae, and not Virtute Comitatus Palatinae. As for Personal Earls, there are but three remaining at this day, viz. the Earl or Lord Great Chamberlain, granted to Berty, Earl of Lindsey, with a large intale to that Family, 2ly. the Title of Earl Marshal granted to Hen. Howard Earl of Norwich, and after Duke of Norfolk, with a large intale as I have shown, 3ly. granted by Patent to Savage Earl Rivers being made a Baron in 5 Edw. 6. and also Viscount of Colchester in 19 Jacobi, and in the 2d. of Charles the first was made Viscount Savage of Rock Savage in Cheshire, whereby he is a double Viscount, and Earl Rivers, which is the Name of an illustrious Family, and not of a Place, but all the other Earls are entitled from some noted Place. 10. Forty nine Earls Summoned the 18th. February, 1661. and six more Summoned the 29th. of April, 1661. See the Pawn. Cap. 2. The next I am to treat of is the Vicecomes, Vice Earl, or Viscount. SECT. V Of a Viscount. Obs. I WHat hath been said of a Duke or a Count, whilst their Titles were interchangeably used, may be also applied to a Viscount; for when Dukes and Counts increased in their number, there was a kind of necessity to take in others to their assistance, who afterwards by merit and the favour of their Prince, arrived to an Interest of their own, and therefore the word Vicecomes, or Viscount, may properly here intent a Companion, (for the word Comes doth as well signify a Companion or Associate, as a Count or Earl) and the addition of Vice (which signifies instead, or by course or turns (of which word Turn I shall speak more) did intimate, that when the Turn of this Comes came to Govern, he was for that time called Vicecomes, all other times Comes only, or, as I conceive, as the one was called Comes, because he commanded a County, the other was called Vicecomes, from the Latin word Vicus, because he commanded a Village, Street, or Structure, or some lesser Command than that of a County. 2. The dignal Title of Vicecomes is also ancienter in foreign parts, than in England, and is the same with Vidame, or Vicedominus (which are properly the foreign Titles of a Substitute to a Bishop) but as we take the Title in an official sense, it signifies the King's Deputy or Sheriff in every County, and so is as ancient as the Saxons, who made Comes to signify Earl, and Vicecomes, or Viscount, to signify the Office of Shereeve, or Sheriff, for we had the words Earl and Sheriff from the Saxons, and the Count and Viscount from the Romans, Comes and Vicecomes: and probably for the same reason, that Marquis was interposed to Duke and Earl in Richard the Second time, so it was thought fit in Henry the Sixth's time (though some say in Henry the Fifth's time) to interpose the Title of Viscount to Comes, or Earl, and the Noble Baron, there having been the like promiscuous use of the Titles of Comes, or Earl, and Baron, as had been of Duke and Comes, and thereupon I conceive John d'Beaumont was Created the first Viscount of this interposing Dignity, it being, as Mr. Cambden saith, an old Name of Office, but a new Name of Dignity, or a Vicecomes, or Sheriff, turned from an annual Office into a Dignity hereditary. 3. Yet this Office of Vicecomes, or Shereeve, or Sheriff, was, and still is an Office of dignity; only the difference is, that the Vicecomes dignified, (as I said by Hen. the 6th. is a Parliamentary and Nobilitated Dignity and Place, (both in their Patent of Creation, and in the Act of Precedency) fixed between Earl and Baron, etc. made Hereditary, but the other Viscountship or Sherifdom is Official and Annual and not Hereditary, and hath no place in the Lord's House; and particularly excepted to be chosen into the House of Commons, by the Writs of Elections, (as will be shown) and the reason is, because the Official Viscountship is in the King, who gives only an annual Deputation to the Person who executes that Office in such County, of which he is made Vicecomes or Deputy to the King, and so is not the Noble Viscount, (who cannot be made Sheriff or returned of a Jury) but hath his constant Writ of Summons to every Parliament, (as will be shown;) 4. Seven Viscounts Summoned by Writ 18. Feb. 1661. and One Viscount Summoned by Writ 20th. Ap. 1661. And now I come to the Barons, the last Degree of the Nobility, but anciently the First or Second. SECT. VI Of Barons. I Shall refer the Etymology of this word Baron to my Annotations, (because the learned Cambden, Selden, and others have taken pains about it) but for many ages, as at present, it comprehends all such Prelates and Bishops as are Summoned by virtue of their Baronies or Tenors to sit in the House of Lords. As also all such Dukes, Marquesses, Earls and Viscounts, as did anciently mount to any of those 4 Degrees, by the proportion of their Baronies, which they obtained by gift from the King, or other acquisitions, so differing from the other 4 in Nominal gradations, rather than Essential. And though there were Nominal differences anciently in the Tenors of Dukes, Marquesses, Earls, Viscounts, and Barons, yet they were all subject to a general Contribution to the King's affairs, according to their certain number of Knights Fees; for as Baronies made the other 4 Superior Degrees, so the increment of Knights Fees (whereupon I conceive Sir Thomas Smith made that Degree of Nobiles Minores) did capacitate a Baron to be made a Baron, and so a certain number of Baronies to be a Viscount and Earl, and of Earledoms to be a Duke, as may be read in Sir Edward Coke, (and others more ancient by him cited) and Mr. Selden (forgiving the Knight) saith that Istud verbum Baro est caput & scala dignitatum Regalium, i. e. Majoris Nobilitatis.) 2. In former times these proportions were observed amongst the Temporal Lords, but not with the Spiritual, for Mr. Selden tells us of a Bishop (pag. 580. Tit. Hon.) that had 220 Baronies, and did sit in Parliament by virtue of his Baronies, yet was neither Duke nor Earl) so those were the computations of Honour and Contributions, till the method of Creations were used, and at last by the late Act of Parliament all Tenors in Capite were Dissolved, and thereby the Tenurial Contributions, but not the Titles of Honour: yet for a little variety I may inform some, that in former times the Spiritual Barons had some exemptions from Contributions, unless there was (as the learned Selden calls it) Trinoda necessitas, viz. of War, of Repairs of Castles, or Bridges, but they were generally exempted from Personal Assistance in War; for though (as he saith) that in the 4th. year of William the First, that King made the Bishops, etc. subject to Knight's Service in chief, by creation of their Tenors, and so was the first King that turned their possessions by Frankalmoine a French word signifying charitable Gifts, for so began their temporalities) into Baronies, and thereby made them Barons of the Kingdom by Tenure, yet when it was prayed by them in the 5th. Hen. the 3d. omnes Clerici tenentes Baronias, etc. personaliter procederent contra Regis adversarios, etc. it was answered by the Bishops (and their Answer allowed) Quod non debent pugnare cum gladio materiali sed Spirituali, scilicet cum Lachrymis & orationibus humilibus & devotis, & quod propter beneficia sua manutenere debent pacem non bellum, & Quod Baroniae eorum ab Eleemosynis puris stabiliuntur, etc. So as (he conceives that) the Baronies of the Clergy were made of such Lands as formerly were, as I said, held in Franckalmoine. 3. But what ever exemptions the Spiritual Barons had, the Temporal Barons were obliged by their Baronial Tenors (of several natures) to all defensive and offenfive duties for the King and Kingdom's preservation, according to the proportion of their dependent tenors or territories; and so are yet in honour obliged to perform, and they all had and have equal Votes in Parliament by virtue of their Baronial Interest; for as to matters Parliamentary, the Title of Baron is more ancient, copious, and comprehensive, than any of the other Titles of Lords in Parliament. 4. This word Baron we see is appilicable, not only to the two degrees of Lords Spiritual, viz. Archbishops and Bishops, but to the 5 degrees of Lords Temporal, so as the noble Barons and all the Degrees above them do set in the Lord's House, virtute Baroniae, and by Writs of Summons, the Superior Titles to the Barons differing rather upon some extrinsic order, than any real intrinsic distinction. 5. As for those Titles of Barons which are given to Degrees equal or under the noble Barons, they are of several sorts; 1st. Some noble Barons by Ancienty never Summoned to a Parliament, yet capable of Summons; 2ly. The Barons of the Exchequer, (which are 4 in number, who are Summoned by Writ ad consulendum, or to be Assistants in the Lord's House, (as will be shown;) 3ly. Barons of the Cinqueports (out of whose number 16 are usually Elected) to sit in the House of Commons, (as will be shown;) 4ly. Barons of Court-Barons, who are also capable of being Elected to sit in the House of Commons; 5th. Barons in the Law- French called Baron, i. e. and Husband, (and Feme the Wife) but I here only speak of the Nobiles Barones distinct from these Titular Barons, though such of them as sit in the Lord's House are in some sort thereby Nobilitated, of whom I shall speak more when I come to the Assistants; and such as sit in the Commons House are thereby Dignified though not Nobilitated, (of whom I shall speak when I come to the House of Commons.) 6. Now it may here be observed, that some Persons of merit have been Summoned to sit in the Lord's House as Barons, which were not Barons, or any otherwise capacitated to sit there but by Writs of Summons; upon this occasion Sir Edward Coke citys a Case where one Summoned by Writ to sit in the Lord's House, died before he sat there, and it was adjudged that if he had sat there, he had been Nobilitated thereby, but having not sat there, whereby that writ was not executed for want of his Personal attendance, it was adjudged that the direction or delivery of the Writ barely to the Person to whom the Writ was directed, (without Personal appearance and investiture of Robes and a possession of place) was not sufficient to ennoble him, without a conjunction of those Circumstances and Ceremonies. 7. But Barons created by Letters Patents, (and made to them and their Heirs) are thereby Nobilitated, and to be esteemed Nobles though they do not Sat, in respect of the power given them by Patent to Sat without restrictions or ceremonial qualifications; and therefore Sir Edward Coke saith, that though the Creation by Writ be ancienter than by Patent, yet the Creation by Patent is the surer way, for that one may be sufficiently Created by Patent and made Noble, though he never sit in Parliament, and he gives this reason; That if issue be joined whether one be a Baron or not, that point shall not be tried by a Jury of 12 men, but by the Records of the Parliament, and if he did not sit there, there can be no Record, but a Patent is a Record. 8. So there were 62 Barons Summoned by Writs of the 18. of Feb. 1661. and 6 more by Writs of the 29. of Ap. 1661. whereby the number of Temporal Lords Summoned to this Parliament began the 8th. of May 1661. were— 140. viz. 1. Two Dukes of the Blood. 2. Three Dukes not of the Blood. 3. Four Marquesses. 4. Fifty five Earls. 5. Eight Viscounts. 6. Sixty eight Barons. In all of the 6 Degrees 140. as in the Pawn Cap. 2. which we may compare with former times, viz. Regno. Anno. The highest Number Summoned in these Years. Num. Maj. The lowest Number Summoned in these Years. Anno. Num. Mi. Edwar. 3. 25ᵒ 62 4ᵒ 18 Richar. 2. 8ᵒ 63 18ᵒ 36 Henry 4. 1ᵒ 50 11ᵒ 39 Henry 5. 2ᵒ 44 3ᵒ 29 Henry 6. 38ᵒ 55 1ᵒ 23 Edwar. 4. 7ᵒ 47 12ᵒ 37 Henry 8. 37ᵒ 45 28ᵒ 44 Edwar. 6. 6ᵒ 59 1ᵒ 47 Mariae 2ᵒ 56 1ᵒ 42 Elizabeth. 30ᵒ 60 43ᵒ 52 Jacobi 21ᵒ 98 1ᵒ 84 Caroli 1. 15ᵒ 109 1ᵒ 97 Caroli 2. 13ᵒ 140 I do insert this observation, That the Ingenious Historian may see, whether the greater or lesser number of the Nobility in Parliament hath been most advantageous to its Constitution; and the like may be observed concerning the number of the House of Commons, (of which I shall speak in the next part.) By which we may see that the highest Number was in 12. and 13. of Car. 2d. and the Lowest in the 4th. of Edw. the 3d. not troubling the Reader with the Numbers Summoned to Intervening Parliaments. Thus having given some short Illustrations of those Titles of Honour which are mentioned in the Parliamentary Writs and the Act of Precedency, for the clearer satisfaction of such as are not versed in matters of that nature; I may now with the more content to them and myself proceed to the particular Writs of Summons to those noble Degrees which I have regularly mentioned, according to their prescribed Order, both from the method of the Writs in the Pawns and Act; and these Writs of which I am particularly to speak (others falling in collaterally) are; Sect. 1. The form of the Writs to any of the Blood Royal. 2. The form of the Writs to Archbishops and Bishops. 3. The form of Writs to the Lord Chancellor or Lord Keeper. 4. The form of Writs to Dukes not of the Blood, Marquesses, Earls, Viscounts, and Barons, wherein the Grand Official Titles beforementioned are inserted. CHAP. VI Of Writs of Summons, and first of the Exemplar Writs for Summoning Princes, Dukes, and Earls of the Bloud-Royal to the Parliament. SECT. I. I Have shown in Chap. 2. how Parliament Writs are sorted into Close Writs, and Open Writs or Patents, and those into Exemplars and Consimilars. I need not enlarge more therein, but proceed to the first Exemplar Writ of Summons, and so to other such Writs of Summons to other Degrees as concern the Lords House; for I shall speak of other Parliament-Writs of another nature, when I have dispatched the Summoning Writs and Patents of Creation, according to the method of Pawns and Clause-Rolls made before the Act of Precedency, as also in all Pawns since that Act. Those of the Bloud-Royal are placed in the first Rank of those Records, and were still Exemplar to the rest, and therefore the Writ which I am now to speak of, viz. To the Duke of York (Brother to King Charles the 2d.) is the Exemplar of the Consimilar Writ to Prince Rupert Duke of Cumberland, (being Son to the Sister of King Charles the First) and so persuant not only to the said Act, but to the most ancient methods of Writs of Summons, (as will be more fully shown in the following Chapters.) But before I recite this Writ, methinks I hear some say, Nolumus consuetudines Angliae mutare, therefore let us know what Writs of this nature were issued in former Ages by former Kings, which is a Question so pertinent to my own scruples, that (I hope) the same ease I gave to myself (after my inquiry) will serve to satisfy others; for having gone backward with as much safety (to the avouching of Records as I could,) and being not satisfied with what was delivered to us, concerning the Parliament Writs in the British, Romans, Danes, Saxons, or Norman times, or by some of the Plantagenets, or those of Hen. 3ds. time, from whence most Writers of our English Parliaments take their Original; I fixed upon and took my Rise from the Writs in the 15th. of Edw. 2d. which are clear and still extant in the Records of the Tower, which the other are not. By these Records it is evident, that in 97. Parliaments, as I account them, which were Summoned from that 15th. year to this Parliament, there is no material difference in this Exemplar Writ from those Antecedent; and therefore that this Writ to the Duke of York may be compared with that of Edw. 2d. I have here set them both down verbatim, so that upon 339. years' experience, viz. from the year 1322. to the year 1661. Inclusive, we may acquiesce, that we in this Age have not much trespassed or varied from the ancient and wise Form prescribed to us by so many former Kings, and continued to this time. The Form of the Exemplar Writ to the Princes of the Blood. Tempore Edw. 2.15. EDwardus Dei Gratia Rex Angliae Dominus Hiberniae & Dux Aquitaniae, Edwardo Comiti Cestriae filio suo Charissimo Salutem, Super diversis & arduis negotiis nos & statum Regni nostri specialiter tangentibus Parliamentum nostrum apud Eboracum a die Paschae prox' futuro in tres septi'anas teneri & vobiscum & cum ceteris Prelatis Magnatibus & Proceribus dicti Regni habere proponimus colloquium & tractatum. Vobis Mandamus in fide & diléctione quibus nobis tenemini firmiter injungentes. Dictis die & loco omnibus aliis pretermissis personaliter intersitis ibidem nobiscum & cum ceteris prelatis magnatibus & proceribus supradictis negotiis tractatur' vestrumque Consilium impensur' Et hoc Nullatenus omittat ' Teste me ipso apud Westm' decimo quarto die Martii Anno Regni nostri decimo quinto. Caroli 2.13. CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, etc. Praecharissimo & dilecto fratri Jacobo Duci Eborum & Albaniae magno Admirallo suo Angliae Salt'm Quia de Advisamento & assensu Consilii nostri pro quibasdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angliae & Ecclesiae nostrae concernentibus Quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maii prox' futur' teneri ordinavimus & ibidem nobiscum ac cum magnatibus & proceribus dicti Regni nostri colloquium habere & tractatum. Vobis Mandamus in fide & ligeantia quibus nobis tenemini firmiter injungentes quod consideratis dictorum negotiorum arduitate & periculis imminentibus cessante excusatione quacunque Dictis die & loco personaliter intersitis nobiscum ac cum magnatibus & proceribus predictis super predictis negotiis tractatur' vestrumque consilium impensur' Et hoc Sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae predictae expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me ipso apud Westm' decimo octavo die Februarii Anno Regni nostri Decimo tertio. SECT. II. Observations. IN An. 12. Hen. 8. the words fidei Defensor, were then added before Salutem, instead of Super diversis causis. The latter Writs are Quia de advisamento & assensu concilii nostri pro quibusdam causis, yet I find the word Quia used in the great Councils or Parliament Writs, before Edw. 2ds. time, and probably the words assensu Concilii nostri is added to show the distinction of his Privy-Council and his Public Council or Parliament. 2. Instead of Specialiter tangentibus, the latter Writs are concernentibus quoddam. 3. Instead of habere proponimus, the latter Writ is teneri ordinavimus, and habere is put in between Colloquium and Tractatum. 4. Ligeantia is put in the latter Writs instead of Dilectione, this word Dilectione being for many Ages particularly applied to the Episcopal Writs. 5. The latter Writs do contain all that are in the more Ancient, (except the Insertions of some Causes of Summons, and some inlargements added upon Emergent occasions) viz. quod consideratis dictorum negotiorum arduitate & periculis imminentibus cessante Excusatione quacunque. 6. And also those words are added near the end of the latter Writ, viz. Sicut nos & honorem nostrum ac Salvationem & Defensionem Regni & Ecclesiae predicte expeditionemque dictorum negotiorum diligitis, which additions are only more full Expressions to oblige the Attendances of the Grandees. Thus having shown the Exemplar Writs to the Blood Royal, Ancient and Modern, I shall set down such Earls, Dukes, or Princes of the Blood Royal to whom this Exemplar Writ was directed, even to this time, according as they are either in the Clause Rolls in the Tower, or in the Pawns in the Pettibag-Office, which I shall recite in English, though the Writs are in Latin. SECT. III. THe Exemplar Writ was then to Edward Earl of Chester, Exemplar. 15 Edw. 2. Eldest Son to King Edw. 2d. and by virtue of this Writ, this Prince had his Exemplar Writ but for this one Parliament, and was soon after King Edw. 3d. 2. 3 Edw. 3. To Edward Prince of Wales and Earl of Chester, Eldest Son to Edw. 3d. and this Prince had Exemplar Writs for 9 Parliaments, viz. 3 Edw. 3. 4. Edw. 3. and 4. Edw. 3. 5. Edw. 3. 25. Edw. 3. 27. Edw. 3. 28. Edw. 3. 29. Edw. 3. 42. Edw. 3. 3. To Thomas Earl of Norfolk, 4 Edw. 3. soon after created Duke (Marshal of England, great Uncle to Edw. 3. who had his Exemplar Writ but for this one Parliament. 4. To Henry Earl of Lancaster, 14 Edw. 3. (soon after created Duke, (Son to John the 4. Son of Edw. 3.) who had Exemplar Writs in this Kings and Richard 2. and H. 4ths. time, for 7 Parliaments, viz. 14. Edw. 3. 17. Edw. 3. 18. Edw. 3. 22. Edw. 3. 25. Edw. 3. 23. Rich. 2. 1 Hen. 4. as Duke of Lancaster. 5. To John Duke of Lancaster, 37 Edw. 3. (who then was King of Castille and Duke of Acquitane) the 4th. Son to Edw. the 3. as aforesaid, and Uncle to Rich. the 2.) who had Exemplar Writs for 17. Parliaments in this and Rich. the 2ds. time, viz. 37 Edw. 3. 38. Edw. 3. 1 R. 2. 3 R. 2. 4 R. 2. 7 R. 2. & 7 R. 2. & 8 R. 2. and 8 R. 2. 9 R. 2. 13 R. 2. 14 R. 2. 15 R. 2. 17 R. 2. 20 R. 2. and 20 R. 2. 21 R. 2. Exemplar. 6. 50 Edw. 3. To Richard Prince of Wales, (Duke of Cornwall and Earl of Chester, Grandchild to Edw. the 3d. and Son to Edw. the former Prince of Wales, and afterwards King Richard the 2d.) who had an Exemplar Writ but for this Parliament, and at the opening thereof he did sit in the King's Chair. 7. 10 Ric. 2. To Edmund Earl of Cambridge, Duke of Clarence, and first Duke of York, (the 5. Son of Edw. the 3d.) who had Exemplar Writs for 3 Parliaments, viz. the 10.11.12. of Rich. 2. as Duke of York. 8. 11 Ric. 2. To Thomas Duke of Gloucester Uncle to the King, who had one Exemplar for one Parliament. 9 1 Hen. 4. To Henry Prince of Wales and Duke of Cornwall, who had his Exemplar Writs for 9 Parliaments in his Father's life time, and was after King Hen. the 5th. viz. 1 H. 4. 2 H. 4. 3 H. 4. 6 H. 4. 7 H. 4. and 7 H. 4. 9 H. 4. 11 H. 4. and 13 H. 4. 10. To Thomas the 2d. Son of Hen. the 4th. Duke of Clarence and Earl of Albemarl, had Exemplar Writs for 7 Parliaments, in this and Hen. 6ths. Reign, viz. Exemplar. 1 Hen. 5. 1 H. 5.3.4.5. of Hen. the 5th. and in the 1st. and 6. and 3 H. 6. 11. To John Duke of Bedford 3. 8 Hen. 5. Son to Hen. 4th. who had Exemplar Writs for 5 Parliaments in this and Hen. 6th. Reign, viz. 8 H. 5.4. and 4.11.14 H. 6. 12. To Humphrey Duke of Gloucester, 2 Hen. 6. (the 4th. Son of Hen. 4.) he had Exemplar Writs for 10 Successive Parliaments, viz. 4.6.9.10.15.18.20.21.25. and 25 H. 6. 13. To Rich. Duke of York, 27 Hen. 6. (Grandchild to Hen. 4. and Son to Edw. the 4. when Duke of York) who had Exemplar Writs for 4 Parliaments, viz. 27.29.31.33 H. 6. 14. To George Duke of Clarence, (3d. 7 Edw. 4. Brother to Edward the 4th.) who had Exemplar Writs for 3 Parliaments, viz. 7.9.12. Edw. 4. 15. To Edward Prince of Wales, 22 Edw. 4. ( Son to Edward the 4th.) who had Exemplar Writs for Two Parliaments, and after was King Edward the 5th.) viz. 22. and 23. Edw. 4. Note, That from this time to the 21. of Hen. the 8th. we are disappointed of the knowledge of any Exemplars, and from thence to the 21. of King James there are no Exemplar Writs to any of the Blood Royal, only to other Lords Temporal, as will be shown in its proper place; but in the 21. of King James Exemplar. 16. 21 Jacob. An Exemplar Writ was to Charles Prince of Wales, Duke of York, for that one Parliament, who was afterwards King Charles the First. 17. 15 Car. 1. To Charles Prince of Wales, who had an Exemplar Writ for one Parliament, and after was King Charles the Second. 18. 13 Car. 2. To James Duke of York, who sat by virtue of the aforementioned Writ in the Parliament begun the 8th. of May, 1661. to the end thereof. SECT. IV. Observations on the Title of York. THere were other Dukes of York besides these which are mentioned in this Collection, viz. Edward the Son of Edmund Duke of York, and upon Edward's Death his Brother Richard was created Duke of York, and Henry the son of King Henry the 7th. was created Duke of York, who after was styled King Henry the 8th. but these 3 Dukes of York, being not mentioned in any Clause Rolls to have Exemplar Writs, I have omitted them in the Register of Exemplars. 2. The City of York was dignified with the Title of an Archbishopric (in the year 180 as some say) but all agree that Taurus was Archbishop there in the year 610.) and also with the Title of a Dukedom in the 10th. year of Ric. the 2d. whereas London the Metropolitan of England hath only a Bishopric, but no Dukedom, Earldom or Marquisate appropriate to it, and in Anno the Civil Government of the City was honoured with the Title of a Lord Mayor, as it was at London, but how far the equivalency of that Title extends to those two Cities, will be further discoursed when I speak of London in its proper place, and in my Annotations. 3. Whilst the quarrel continued between the Dukes of York and Lancaster, which lasted for many Ages, York had the Title of White-rose, the House of Lancaster called the Red-rose, till both were inoculated into one Stock of Hen. 7th. 4. The Title of this James Duke of York and Albany, (in Scotland is the same which was given by King James to Prince Charles (afterwards called King Charles the First) being first created Duke of Albany, etc. and at 4 Years of age Duke of York. SECT. V Of Consimilar Writs to the Royal Exemplars. NOw I should proceed to the Consimilars of these Exemplars, but in respect that they consist of a very great number, and it were too great a labour to treat of all Consimilars, I shall forbear to recite them. Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them, and ease me of that labour; so as I shall only take notice here of the Writ for this Parliament to Prince Rupert, (the Sister's Son to King Charles the First) and this is Consimilar in all parts to the Duke of Yorks Exemplar, (except in the Title) so I need not set it down at large, but by abbreviation shall thus render it, viz. Carolus, etc. Rex, etc. Praecharissimo Consanguinco Duci Cumbriae Salutem, and so Verbatim with the Duke's Exemplar. Duke of Cumberland being his English Title. SECT. VI Observations on these Consimilars. 1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time, after the Exemplar Writs are set down, these words following are in the Clause-Rolls and Pawns, viz. Consimilia Brevia diriguntur Subscriptis, and in some, Consimiles Literae (instead of Brevia) directae Subscriptis, and in some, Consimiles Literae directae Conscriptis, thereby seeming to retain the ancient words of Patres Conscripti, which the Romans did usually apply to their Elected Senators. But here it is only Consimile Breve, in the singular, Dirigitur praecharissimo, etc. Ruperto, there being no other of the Blood in England. 2. Princes of the Blood have been Consimilars, when Princes of the Blood have been Exemplars, as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle, of the Blood; but not where any were Exemplars who were not of the Blood: and so many more might be cited, which may be seen in Cottons Collections of the Tower Records. 3. In this Consimilar Writ, Prince rupert's Foreign Titles are omitted, because none of the Peers do sit in the Lord's House but in respect of their English Titles; yet in the Proxy-writs which they allow to others, their Foreign Titles are recited without scruple, as will be shown in the 10th. Section of the 12th. Chapter. 4. I cannot but take notice here, that till the Union with Scotland, there was a Chair placed in the Lord's House on the right hand of the King's Chair, for the King of Scots, and called the King of Scots Chair. Yet I cannot find by any Records of the House of Lords or elsewhere, that the King of Scots did ever sit there, or was Summoned, or had any proxy to sit there for him, by virtue of any Exemplar or Consimilar Writ. And now I shall proceed to the Exemlar for Bishops. CHAP. VII. The second Exemplar, viz. To the Archbishop of Canterbury. Section I THe Examplar for Bishops (of which I am now to speak) is not entered into this Pawn in the Pettibag, (which I have recited verbatim) as all the other Exemplars are, but it is entered in the Chancery Crown-Office, (an Office of Record also, as I have shown) being issued after the Parliament was sitting; nor would I have entered it here (in respect my design in this first part is to write only of such Writs as were previous to the sitting of this Parliament) had not I found that the Exemplar for Bishops is constantly entered in all the Clause-Rolls extant, (from the 15 of Edw. 2d.) and in all Pawns extant, (from the 21 of Hen. 8.) except in this of the 13. Car. 2d. which omission (proceeding from the reasons which will be given in the following Chapter) was upon the first sitting of this Parliament rectified; and therefore I thought fit rather a little to deviate from my method, than to defer or puzzle the Reader with the discourse of it at too great a distance from all the other Writs of Summons, of which I intent to treat according to the order of the Pawn; and so I crave leave, as most suiting to all former precedents, to treat of this Exemplar in the second place, especially having the Act of Precedency unrepeal'd also to justify my proceed. 2. Before I proceed to discourse of Archbishops or Bishops, it is convenient to look back to the several Titles which were given to those who were Managers of the Religion practised in this Island, before the name of Bishop was here known. This Religion was by the Jews called Paganism, and the Professors thereof Pagans, Panims, Ethnics, Gentiles, Heathens and Infidels, which Titles are all of the same nature. The word Pagan comprehending the other five, only the word Infidel was not used till after Christ's time; and then those who did not believe the Christian Religion, were by the Christians called Infidels or Unbelievers; but the word in Hebrew for Pagan was used (after the building of Jerusalem by Melchizedeck, before called King of Salem) when those who did live in neighbouring Villages or more remote places, and not coming to partake in the Devotions offered to God in Jerusalem, were from Pagus a Village called Pagani, or refusers of that Religion which the Hebrews did practice there; and whoever afterwards were not of the Hebrew or Jewish Religion, were called Pagans, etc. (as Plautus calls all who were not Grecians, Barbaros, or Barbarians) So that the Pagan Religion is to be esteemed, but as the Hebrew or Jewish Religion adulterated by the Progeny of Noah, who (growing numerous) spread themselves into many parts of the World, and by mixing with other Nations perverted their Primary Religion (which they had from Noah, (and afterward more methodically dictated from their High Priest Melchizedeck) into Paganism. This mixed Religion was brought into this Island by Mesech the 6th. Son of Japhet the Son of Noah, who here called himself Samothes, and after Samothes, Magus, Shanon, Druis, Bardus, Longobardus, and Celtes, succeeded each other; (Seven in all) who being Priests were also called Princes of this Island: The Hebrews (and Welsh (who some say had most of their native Language from the Hebrew) using the same word for Prince and Priest. These Seven were men of great learning, gained partly by tradition from Noah, and partly by being contemporary with Sibylla Samia, and Pythagoras; from one they learned the Prophecies of Christ's Incarnation and Sufferings; from the other, the high speculations of the Souls immortality and transmigration: of which I shall speak more in my Annotations. Of these and the Founders of this Religion, and their Doctrines, I shall give a more large account in my Annotations, as well for the vindication of that discountenanced Book of Berosus, published by Johannes Annius, as to free this Island from the common imputation of a pitiful illiterate sort of People, which either the laziness of later Writers, (though otherwise deserving) inclined them to think it not worth their while to abstract the notions of what was true, from what was merely fabulous; or the Maliciousness of others, whose interest it was to suppress the Records of the Ancient Renown of this Island; such as might have demonstrated their variety of knowledge in all kinds of Literature. For the present I shall only select two of those 7 Wisemen of Britain, as most eminent in Philosophy, Policy, and Matters Divine, viz. Druis and Bardus. Druis is set forth in History to be Master of Pythagoras, (from whom 'tis also said that Timagoras brought the Greek Letters to Athens) He took upon him to be Judge in Causes Ecclesiastical and Civil; and performed all the Rites and Ceremonies of that Religion in Groves, (imitating the Idolatrous Jews) which Groves chief consisted of Oaks, (as a Tree sacred to Jupiter) and from thence (say they) he took his name Druis, (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying an Oak) however he was Founder of the Sects called Druids in this Island. The other was Bardus the Founder of the Sect of the Bards, Learned also in Magick-Philosophy, (in the best sense, as Studiers of Wisdom and Inquirers into the energy and activity of natural Agents) and Politics; but they were more Famed for their skill in Poetry and Music; and thereby did cheerfully Sing Rhyme, and so (like Orpheus) charm men into Civil Religion, and Heroic Actions. From these did spring (as I said) the two Sects of Druids and Bards; which our Brittish-Welsh, Roman and Saxon Histories do so often mention, that there is no doubt concerning them. The Bards continue even to this day in some parts of Wales, (of which I shall speak more) but the Druids being afterwards more employed in the Priestly Functions, and growing numerous when the Romans were Possessors of this Island, (and had divided its Government into Three Provinces) they also committed the charge of the Religious Duties within these 3 Provinces, to Three of the chiefest Druids, (altering their Title from Druids into Archflamins, and the lesser Druids into the Title of Flamens, (for so was the Ecclesiastical constitution among the Old Romans) the chief of the Three Archflamins being there called Flamen Dialis, or Jupiter's Archflamin or High Priest; and as those there, were Subject to the Senate, or Empire of Rome; so now these here, were Subject to the Emperors, Kings, or Governors of this Island, not disputing their power to alter, put in or out, as they saw just cause. These Archflamins and Flamens continued till some time after the coming of Christ; but when they perceived that the Oracles of the Sibylls (which they had so long adored) were fulfilled by the coming and passion of Christ) and that all Oracles were ceased, these Flamens, Druids and Bards, did give way to the Christian Institutions, (as will be shown.) But to reduce this Section to the subject in hand, it doth appear by our most Ancient Histories, that these Druids and Bards were consulted with both in Peace and War, both in the British, Romans, and Saxons time, even to the coming of Christ; though the form of their Councils and mixing with the Laics, do not appear (for reasons before alleged) now. I shall proceed to show the Institution of Christianity instead of Paganism, and then the Titles of such as did manage it in this Island, and how they were still mixed in Civil Councils. 3. The Religion which succeeded Paganism in this Island, was the Christian, which had its denomination from Christ; who may be said to have been before his death in this Island, Prophetically, Personally, and Nominally; but lest I should divert the Reader too much from the method intended in this Treatise, I shall refer the discourse of those 3 points to my Annotations. But concerning the introducing of Christianity into this Island of Britain, what is most credited in our Histories, is, that Joseph of Arimathea, (the same who begged the Body of Christ after his Crucifixion) with 12 Disciples more, are said to plant it here within Thirty Years after Christ's Resurrection; and Aristobulus (being, before his coming, Ordained Bishop of Britain) was one of the 12 which were sent with Joseph to take care of his charge here: and this is that Aristobulus mentioned by St. Paul in his Epistle to the Romans, Cap. 16. Verse 10. who was the first Bishop we in these parts hear of, (being 5 years before any was made Bishop of Rome) which brings me to the discourse of the several Titles of such as were the first Managers of Christian Religion. 4. The first Titles which were given to the Managers of Christanity, were to Christ himself, who by St. Paul, Matth. 21.4. is called the Prophet of Nazareth, and by St. Paul, Heb. 3.1. High Priest and Apostle, and He by his Divine Authority did constitute 12 Apostles (Matth. 10.1. and Luk. 6.13.) by particular names) who were called both Disciples and Apostles: but the Selected 12. were of an higher nature; for some of them were also called Evangelists, (and none of the Disciples had that Title, except St. Luke, one of the 4. nor any called an Apostle, (except those 12.) but St. Paul, Gal. 1. v. 1. And these 12 Apostles were of so eminent a Degree, that it is said in the Revelations Cap. 21. and 14. that the names of the Twelve Apostles were writ on the 12 Foundations of the Heavenly Jerusalem. After these 12. Christ did Constitute 70. other Disciples of a lesser Degree; but the names of these 70. are not where certainly to be found; however we have the Scripture to justify the number of Seventy; and there were also those who were called Presbyteri, also Deacons, of which Deacons the Ecclesiastical Stories tell us of 7. by name, but no number of the names of the Presbyteri; however these remaining Apostles, Disciples, Presbyters and Deacons, were soon reduced into the Title of Bishops, (in all places) not by ordinary Institution, but by an higher and a more extraordinary Function; and these Bishops among themselves had also several eminent Titles of distinction, (within few years after Christ's death, according as their charge of Souls did extend) viz. Episcopus, Patriarcha, Archiepiscopus, Papa, Presbyter, Inspector, Pastor, Curator, Observator, Minister, & Custos animarum, which 7 last Titles being but descriptions of the Office of the 4 chiefest, viz. Bishops, Patriarches, Archbishops and Popes: I shall speak first of these 4. 5. It is evident that the first eminent Title in the Ecclesiastical affairs of Christianity, was the Title of Bishop; the Presbyteri still submitting to the Bishop whenever he was placed over them.) This Title of Bishop (as I said) was placed on some of the Original Apostles and Disciples; as St. James, St. Mark, etc. for the word Episcopus doth properly signify one that doth Inspect or Circumspect all the concerns of Christian Religion; so as those who live under him may be instructed to a Good and Pious Life suitable to the Rules of Christianity, (whose duty is more particularly expressed in St. Paul's First Epistle to Tim. Cap. 3.) so that the word Episcopus, as the Superior Order, was more generally used than any other Title wherever Christianity was practised; Yet other Titles were also used in several parts of the World, as they did agree with the Idiom of their native Language, viz. The Hebrews called their Bishop Princeps, Sacerdos, Patriarcha. (Patriarcha was also applied to the Fathers or chief of every one of the 12 Tribes as upon a Civil account, so also upon the Ecclesiastic) The Syrians, Presbyter, Pastor, Minister, and Curator animarum: The Arabians, Pastor, and Observator animarum: The Aethiopians, Papa, Pastor, and Custos animarum: The Grecians, Patriarcha, & Archiepiscopus, & Pastor animarum, (all which are thus so rendered into Latin by Dr. Walton's Polyglotta from the Oriental tongues;) so as the 4 chief Titles and the others having but one signification, and those Titles dispersed into several Regions, every one using what they thought fit in their own Territories, I shall only betake myself to Episcopus and Papa, as having been used not only in Britain and Rome, but more universally in most parts of the World, (unless we admit Presbyter from Presbyter-Johns Country to be an Ecclesiastical Title) So having shown the meaning of the word Bishop in general, the Antiquity of it is not to be passed over. The Jewish Grecians did use it in their Old-Testament, for in Psal. the 109.28. they read Episcopatum ejus accipiet alter, (which very Text St. Luke citys in the First of the Acts v. 20. upon the Election of Mathias to be an Apostle, (instead of Judas) viz. Let another take his Bishopric, which show that the word was in use among the Grecians before Christ's time, and was no new imposed word upon the Christians, but a compliance with Jewish Titles to win the circumcised Jews in Greece; and this may be said, that though Rome did change the name from Bishop to Patriarch, Archbishop, and Pope, which signifies no more than Father or chief Father, yet Britain hath been very constant to the name of Bishop, and did not take upon it Archbishop till the Emperor Constantius Chlorus or the Pope, thought it worthy of that Title. 6. In this Section I place Britain before Rome, because our Histories tell us that Aristobulus was ordained Bishop of Britain, (and Joseph of Arimathea there with him) 5 years before Linus, (the first Bishop of Rome was made Bishop of Rome) and so now I shall take a short view of the Priority and Successions in both places, relating to the subject of this Treatise. Aristobulus is affirmed, as I said, to be the first Bishop of Britain, and some few years before any Bishop was Constituted at Rome; but what the names were of such Bishops as succeeded him, is uncertain; (for the reasons before given) but the Story relates, That about an 100 years after Christ, one Lucius was King of Britain, and was the first King of this Island who embraced the Christian Religion. Whereupon he sent Damianus and Fugatius to Eleutherius, then Pope of Rome; so it is very probable they were Bishops and Successors to Aristobulus, and Instruments of the King's Conversion; for none else could be supposed to make attempts on the King, but such whose eminent Titles and Employments did give them the more opportune admission; and doubtless these were very considerable Persons, especially Damianus, whose very name continues at Rome even to this day in great renown; for we find that at one time, a Bishop was of that name, and at another time a Bishop Cardinal, and a Church is still in Rome, (dedicated Sancto Cosmo, and Damiano) belonging to one of the 14 Deacon-Cardinals. These two Bishops, or at least eminent Persons, were sent to Eleutherius, to confer about the ordering of the Church-Affairs, and it seems they did acquaint the Pope, (as appears by that Letter) that King Lucius had the Old Testament, and the Writings of the Apostles, called the New Testament; so that the Christian Doctrine being fixed here, there seemed nothing more to be done, than to settle the Discipline, and the means for its support; wherein it may be justly collected, that the King desired such concurrence with the Pope of Rome, as might not disoblige him or the Roman Emperor Commodus, to whom he was a Tributary, and with whom in all Civil matters this King stood then more fair and quiet than his Predecessors had done before him. 7. I have given a brief account of the Managers of the Christian Religion in Britain, from Aristobulus to Damianus and Fugatius, in the time of King Lucius. I will now see what was done at Rome in that time, concerning which their Histories tell us that Linus was the first Bishop, (who according to computation, was 5 years after Aristobulus was Bishop of Britain) but St. Jerome is as zealous to have St. Peter the first Bishop of Rome before Linus, as Ireneus to have Linus the First, (two great Fathers of that Church) so that if St. Peter be first, than we must account 13 to Eleutherius, (before named) if Linus, then Eleutherius is the 12th. (and with this computation of Ireneus, most Histories do agree) The first Eight of these Twelve had not other Title than Bishop; till Eugenius the Ninth of that See, took upon him the name of Papa or Pope, (and afterwards Hildebrand called Gregory the 7th. challenged it as his sole right to be called Pope) and so Eleutherius being the 4th. Pope from Eugenius, and the 9th. in Succession from Linus, did return a kind Answer to King Lucius, by two eminent Persons which the Pope also sent, viz. Helvanus and Meduanus, and with them a Letter, which may be read at large, wherein in the Pope takes notice that the Old and New Testament were then in Britain, and in that Letter (leaving the ordering of Ecclesiastical affairs in Britain to the King) declared him to be Christ's Vicar in his own Kingdom: which made King Lucius go cheerfully on, and (as History tells us) that whereas the Archflamins had been the chief Managers of the Pagan Religion in this Isle, (each having one Province) the King reduced those Three Provinces to Two, and placed Two Archbishops therein, and instead of the Flamens did constitute Bishops, and so there was an amity between the Archbishops and Bishops of Britain, and the Archbishops or Popes of Rome, neither of them struggling for Priority, but still carrying on the work of Christianity. But the Emperors of Rome declining in their power, and the Pope still taking advantage of their declinations, grew at last so considerable with the Emperors, that they could not safely deny them any thing; so that whereas the Emperors of Rome formerly had the disposal of their Popes, and the Kings of Britain of their Bishops, (and so other Princes in their Territories) the Popes by degrees did take the power to themselves, to make what Bishops they pleased, to summon Councils, make Decrees, distribute them, and enjoined obedience to their Universal Jurisdiction, that the name of Pope might be the more authentic. It was used in many parts of the World besides Rome; for (it is said) that about 300. years after Christ, Nestorius the Heretic had 6000. Bishops appeared against him, which were under the Government of several Popes, and this was above 300. years before Boniface the 3d. (Popes increasing as well as Bishops) who obtained of Phocas then Emperor of Rome, that none should be called Pope, but the Pope of Rome; and though Gregory (the first) his immediate Predecessor, (but one) declared against it, and many Popes before him, yet Boniface having obtained this Supremacy (what he did in other Kingdoms I shall omit) in Britain, to make sure that none should be placed there, but such as should be dependent on Rome; he confirmed Augustin a Monk the Archbishop of Canterbury, (being made so by his said Predecessor Gregory) and soon after, he and 4 succeeding Bonifaces filled up all the rest of the Bishoprics, with such Foreigners or others as had a clear dependence on Rome, by Promotions, Stipends, or Foreign Interests, (amongst the rest, Faelix a Burgundian was made Bishop of Dunwich, in Suffolk, (the fifth Bishopric then in rank, of which I shall speak more) and so in a few years after, all the Bishoprics which were then, and soon after added, were filled up with his dependants, as also all Abbeys, Priories, Monasteries, etc. and so continued to be supplied according to his appointment from Rome without any material opposition by the Kings of this Island, (but such as hereafter mentioned.) And having this Power, it was no hard matter to fix themselves into all Councils within this Kingdom; for in all Histories we find them as Actors therein, and in respect of their Ecclesiastical Interests, one of the Estates; and when the name of Parliament was given to our chief Council, they were methodically fixed in the second rank of the Pawns, and so in the Clause Rolls: and this place in Parliament was never denied them whilst they continued here. But the Pope's Power and Supremacy over this Island was ever disgusted by our successive Kings; yet being backed by so great a Temporal Prince (as the Pope of Rome) joined with the Interest which by long continuance they had gained from the Emperors, the Kings of this Island had little success in their struggle. For w● see King John tried it, to his co●● by single oppositions, without the Kingdom's unanimous Conjunctures. Aftewards Henry the Third began again, and other succeeding Kings did try what Parliamentary or Municipal Laws could effect, and to that end these following Laws were Enacted. 7. H. 3. Henry the Third, Anno 9 cap. 33. (being part of the great Charter) that Parliament did grant, That all Patrons of Abbeys which have the King's Charters of England of Advowson, or have old Tenure, or possession of the same, shall have the custody of them when they fell void, as it hath been accustomed, and as it is before declared. See Coke Inst. 2. Henry the Third, Anno 9 cap. 36. (being also part of the great Charter) the Parliament did grant, That if any Man should hereafter give Lands to a Religious House, the Grant shall be void, and the Land forfeit to the Lord of the Fee, and in corroboration and Enlarging of this Statute many other Laws were made 7 Ed. 1. and by 18 Ed. 3. & 15 R. 2. and 23 H. 4. called the Statute of Mortmain. Edward the First, Ed. 1. Anno 35. cap. 1. made the Statute de Asportatis Religiosorum, wherein it is declared, That the Monasteries, Priories and Religious Houses in this Realm were founded by the King and his Progenitors, and by the Noblemen and their Ancestors; and that no Abbot, etc. shall lay any Tax on any Religious House, to send the same beyond Sea, or carry any Goods with them out of the Kingdom; and that no Abbots (being Aliens) shall impose any Tax, etc. Edward the Second, Anno 9 Enacted, Edw. 2. That the King by his Letters may absolve Excommunications, where they were made in prejudice of his Liberty or Prerogative; (to show the King's Power above Ecclesiastic Censures of the Pope; and this may be of great Use.) Edward the Third, Anno 25. Edw. 3. That the King went on further by Act of Parliament, forbidding (under a Praemunire) all applications to Rome for obtaining any Ecclesiastic Preferments, or in Suing to the Court of Rome for Reversing any Judgements. Richard the Second did back this Statute with several other Statutes, Rich. 2. viz. in Anno 3. cap. 3. and Anno 7. cap. 12. & 15. and Anno 13. cap. 2, & 3. and Anno 16. cap. 2, & 5. and in these same Parliaments the Archbishop protested against the Pope's Authority in England: And good reason for it, as Sir Richard Baker in his History tells us, That about this time the Abbots, Bishops, etc. which were placed here by the Pope, were so numerous, that it was proposed to him by the Commons, that he would please with their Revenues to make 150 Earls, 1500 Knights, 6200 Esquires, and Erect 200 Hospitals for maintaining of maimed Soldiers, etc. But it seems he had not that Courage which Henry the Eighth did after assume, and it was needless for one or two to oppose his Power. However, H. 4. Henry the Fourth went on, and in the Second and Seventh Years of his Reign, made Acts against Purchasing of Bulls from the Pope, for Exemptions or Benefices. Also Henry the Fifth, H. 5. Anno 5. cap. 4. made Acts against Provisors from the Pope; and all these subject to a Praemunire. In Henry the Sixth's time, H. 6. the Bishop of Winchester, being made Cardinal, was admitted of the King's Council, with this Protestation, That he should absent himself in all Affairs and Councils wherein the Pope or See of Rome were concerned, (which he assented to:) and also he Enacted, That no Alien should be a Broker. That Priories and Aliens Lands should be seized in time of War. That no Advowson, Presentation, Collation, or Induction, be made to any Alien of any Benefice or Ecclesiastic Dignity. That Aliens attending the Queen or King be removed and banished (except those allowed by the Council.) That Aliens should lodge only in Englishmen Houses; and to serve in War, if able. That no Priors be Collectors of Disms. He also confirmed the Statutes against Provisions by the See of Rome. In Edward the Fourth, Ed. 4. R. 3. H. 7. Richard the Third, and Henry the Seventh's time, there was a Calm to that See; none of the Laws repealed, but so slenderly used, that they made no great impression at Rome; and though these and former Kings did strive to make their respective Supremacies in Ecclesiastic Matters within their Dominions, and to lessen the Pope's Power and Profit, yet none could substantially effect it, till Henry the 8th, who seeing there was no other remedy, and that all Laws against the Roman See were evaded, and other Essays fruitless, he fell to't with right down Blows (which is the only way to master a good Fencer) as will appear in this next Section. 8. Henry the Eighth did so contrive his matters, H. 8. that he did first ingratiate himself with the Pope by writing (in defence of the Church of Rome) a Book against Luther; which so affected the Pope, that he immediately sent him a Bull; (which is in the same nature of a Patent with us) and therein gave him the Title of Defensor Fidei; Anno 12. which he accepted, and for three years, Anno 21, 22, 23. viz. in the 21, 22, and 23 years of his Reign went plausibly on, by making several Acts about Wills and Testaments, Mortuaries, and against Pluralities, and Sanctuaries, and Deeds to Churches; but in the 24th he began to discover his Opinion, Anno 24. that though he was for the Doctrine of the Church of Rome, against Luther, yet he had no mind to suffer his Kingdom to be exhausted for the Support of the Court of Rome: whereupon an Act of Parliament was made against all Appeals to Rome; Anno 25. and the next year, Anno 25. That no First Fruits should be paid (as formerly, out of this Kingdom) to Rome: And in another Act, That not any Imposition should be laid on his Subjects by colour of any Power from the Pope; and then, to secure himself, and rivet his Subjects to him, an Act was made, declaring his Title and his Successor's to the Crown: That being done, an Act of Parliament was made, Anno 26. to entitle him Supreme Head of the Church of England; and in the same year a positive Act, Anno 26. That no First Fruits or Tenths should be paid out of any Promotions in England, to the Pope of Rome. In this time the King makes Archbishops, Bishops, Anno 27. and Suffragans; and in the 27th year chooseth sixteen Spiritual and 16 Temporal Lords to settle the Canons for the Church of England, and erect an Office of Augmentation: so, as having gained the two points of his Supremacy, in opposition to the Church and Court of Rome, viz. Defensor Fidei & Supremum Caput, one from the Pope himself, the other from the Parliament; and settled an Office for his purpose: In the same year all Monasteries, etc. under 200 l. per Annum, and all the Ornaments, Goods and Jewels belonging to those Houses, were settled on him and his Heirs by Acts of Parliament. And four years after, viz. 31 H. 8. it was Enacted, Anno 31. That the King and his Heirs should have all Monasteries, Abbeys, Priories, and other Religious Houses dissolved, or to be dissolved, with their Manors, Lands, etc. And yet it is observable, That in this very Parliament of 31 H. 8. there were twenty Roman Bishops, twenty four Abbots, and two Priors, in all forty six, and but forty four Temporal Lords, the Act for Precedency in the House of Lords made the same year, being not (as I conceive) altogether for regulating Precedencies, but for purging the Abbots, etc. by that Act of Parliament; so as doubtless they lost their Interest more by the King's resolution for expunging them, than by Vote of Parliament. 9 However, the Abbots, Priors, etc. being thus dissolved (their Baronies, by which they did formerly there sit, being disposed of to other persons,) they had no foundation to sit in the Lord's House, which caused the first great Alteration in the Method of the following Writs, for such as were to sit there, (as will be further shown.) And in this great Alteration, doubtless, there was also a Divine Hand; for as Pope Boniface the Third (before mentioned) did put out all the English Bishops, and placed Foreigners (his creatures) in their rooms, and made many more Bishoprics than he found; so now, by the Lex Talionis (Like for Like) Henry the Eighth did put out all the Pope's dependants, and placed such Bishops in their rooms as would justify the King's Supremacy here, and renounce the Pope's. And accordingly Bishop Bonner, Cranmer, Gardiner, and others, (who wrote against the Pope's Supremacy) were made, one an Archbishop, and the others Bishops. And he also did erect six new Bishoprics, viz. Chester, Gloucester, Peterborough, Bristol, Oxford, and Westminster, (which last, (after one Bishop 〈◊〉 was turned to a Deanary, as now 〈…〉 such of the Nobility and Gentry tha● 〈◊〉 to his Resolutions, wanted not Lands and Manors to gratify them. So that, now he had the Lords Spiritual and Temporal and Commons in Parliament, and the Kingdom itself on his side, and even the Nobility and Gentry of England, who formerly were almost entire for the Pope's Authority, their Judgements were now split in two, some for the Court and some for the Church of Rome; and so even the King and many of his Council did live and die in that Persuasion. But he did not think himself safe in carrying on so great an opposition as was like to be, (well knowing how the Papal Interest was dispersed in all Kingdoms and States of Europe) till he had encouraged the offspring of the Waldenses, and other opposers of Rome in France, Germany, and in other Kingdoms and States, to revive their Doctrines, as also to embrace the Lutherans Centum Gravamina, and the Calvinian Institutions, and others less remarkable, (yet all serving to his purpose) whereby, in a few years after, almost all Christendom was brought into a Papal and Antipapal Balance, or rather consisted of Professors of the Roman Religion, and Protesters against both the Court and Church of Rome, as Usurping and Antichristian. 10. But on the other side, the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him, he made his Applications to several Kings and Princes for his assistance; And at last, by a more plausible way, he did obtain a Council of Trent, wherein it is observable, That he did not think fit to move in his Point of Supremacy, till after eighteen years, that That Council had been sitting by Adjournments and Prorogations, and then the Question was, That Episcopus Locum principalem teneret à Pontifice Romano dependentem; to which the opposers did so far comply, that they allowed, principalem Locum sub Romano Pontisice, but not dependentem; so, after that Council had sat nineteen years, (in the sixth of Queen Elizabeth) it was dissolved by 4 Legates, 20 Cardinals, 3 Patriarches, 25 Archbishops, 168 Bishops, 7 Abbots, 39 Proctors, and 7 Regulars of General Orders, without Determining that Point (to the satisfaction either of England or other Kingdoms and States) the Dispute of which begot 7 Civil Wars in France (which lasted near 40 years, till within 3 years of Queen Elizabeth's Death) also Inquisitions in Spain and Flanders, Tumults and Wars in Germany, and near 40 years' Wars in the Netherlands between them and Spain, and for some few years, Fire, Faggots and Insurrections in England. 11. In this Hurly Burly about Supremacy, H. 8. left his Crown to an Infant, Edward the 6th; Ed. 6. who had the Laws against Rome corroborated, and his Revenues augmented by Chapels, Chantries, etc. enjoying them but few years; and then the Pope revived fresh experiments by Queen, Mary. Mary to reverse all, especially after she was Married to King Philip, compelling a submission to the Pope's Supremacy by Fire and Faggots, so as, in H. 8. time and even till now (upon the sudden Changes of Religion it might be said by the Historian) Deus bone hic suspenduntur Papistae, illic comburuntur Antipapistae: but her time being short, the Supremacy was once more reversed, and taken up by Queen Elizabeth, Eliz. who managed it with such dexterity (considering the conjuncture of Affairs in this and other Kingdoms and States) that it was needless for the Pope to make any open Attempts, but by Marriages, Foreign Negotiations, and the assurances given by some of the chiefest Nobility and Gentry of the Roman persuasion in this Kingdom (who were, as they pretended, for the Church, and not for the Court of Rome's Supremacy) of their peaceable resolutions; the Billows of penal Laws seemed to be calmed, and this Kingdom thought itself as secure, as the pretty Haltion in her Nest. But those who kept to calvin's Institutions in England and Scotland, were finely yoked together to a disturbance; for it being insinuated to them That the Title of Supreme Head of the Church (given by Act of Parliament) was declined and dwindled into an etc. and that the Title of Defender of the Faith (given by the Pope) did only remain with an etc. made them call to mind what was alleged in the Council of Trent, That the original of Church-Government was Aristocratical, and Governed by a certain number of the Presbytery, and afterwards it was thought fit to put it into a Monarchical way, viz. by a Bishop (as Superintendent;) and finding that the Popes and Kings of England and other Princes, had long disputed about this Ecclesiastical Monarchy, without determination (only in a connivance) they thought it convenient to return to the Primitive way of Aristocracy, and set up Presbytery (that original Government as was pretended,) and thereupon one & all cried against Bishops (which bravely worked for the Papal interest;) & the clamour proved so geat that the Learned King James did what he could by Writing to quiet them, & his unfortunate, thought Blessed Son, King Charles the First tried it by Action, but without Success. For the Independent, Anabaptist, Fifth Monarchy-Men and others, coming into the Presbyters assistance, he was necessitated after the Wars with Scotland upon the same grounds, amongst other condescensions to yield (with the Consent of the Lords Temporal, 17. Car. 1. and Commons) and pass an Act for Abolishing the Bishop's temporal Jurisdiction in this Kingdom. Now see what followed; instead of making of Earls, Knights and Squires, and maintaining of Hospitals, as was proposed to Richard the 2d. (as I said) the Bishops were not only put out of the House of Lords, but the Temporal Lords soon after, and the Knights and Squires secluded from the House of Commons, and the Hospitals, (and all) ruined by an intestine Bloody War, the King Sacrificed, and every one of the Machineers disappointed of their original plausible intentions; and in conclusion, by most miraculous Turns in Affairs, there was a total submission to a Reestablishment of that Form of Church and State, which they had before so zealously overthrown, and the Bishops again brought into the Lord's House. 12. I should now proceed to the Writs, which empowered the Bishops to sit in the Lord's House: but first I think it pertinent to show how these two Titles, of Fidei Defensor, & Caput Ecclesiae Anglicanae, were used, disused, and altered in theirs and other Writs. Though all the Kings of England, at their Coronation, are Sworn to defend the Christian Faith, and the words defensionem Ecclesiae Anglicanae, having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope (as I said, for the good Service which Henry the 8. had done, in Writing against Luther) sent him a Bull, and therein entitled him Defensor Fidei, with this Caution, that it should be placed next his Title to France, and before his Title to Ireland; and it may be observed, That in the same year he sent the like Bull to the Emperor Charles the 5th. intituling him also Defensor Fidei; upon which the Emperor took an Oath, not only to be Defensor Fidei, but Defensor Pontificiae dignitatis, & Romanae Ecclesiae, i. e. Defender of the Court and Church of Rome. But Henry the 8th, though he accepted the Title, did not think fit to be bound by an Oath; nor do I find that he styled himself in any public Acts Defensor Fidei, till the 2.1 of his Reign, and then in a Decree made in the Star-Chamber (which is Printed in Poltons' Abridgement) he is Styled Defensor Fidei, & in terra Ecclesiae Anglicanae & Hiberniae Supremum Caput, which was 5 years before the Supremum Caput was settled by Act of Parliament; but as a preparative to it in the 22 of his Reign he is styled Praepotentissimus & Metuendissimus Angliae & Franciae Rex, and only Fidei Defensor is added, and no mention of Supremum Caput. Then, in the 30 year of his Reign he is Styled, Defender of the Faith, and Lord of Ireland, and on Earth Supreme Head, immediately, under Christ, of the Church of England. In the 32. year he left out the word immediately, and the next year the words under Christ. So that, in the 33 of his Reign the Title was Hen. by the Grace of God King of England, France, and Ireland, Defender of the Faith, and of the Church of England, and also of Ireland, on Earth Supreme Head. And thus by making himself King of Ireland, he disobeyed the Pope, in placing Defender after Ireland; and this Title continued thus all his Life, and the Circumscription on his Great Seal wrote accordingly; and so did his Son, Edward the sixth, on His Great Seal, and in Public Acts. And the like did Queen Mary in the first year of her Reign; but upon her Marriage with King Philip, in the second year of her Reign, (and first of both) their Title was King and Queen of England and France, Naples, Jerusalem and Ireland, Defenders of the Faith, Princes of Spain and Sicily, Arch-duke's of Austria, Duke of Milan, Burgundy and Brabant, Countess of Hasburgh, Flanders and Tyroll, quite jostling out Supreme Head during their Reigns. When Queen Elizabeth came to the Crown, the Circumscription of her Great Seal was Elizabetha Dei gratiâ Angliae, Franciae & Hiberniae Regina, Fidei Defensor, yet she maintained both Titles of Defensor and Supreme during her Reign. When King James came to the Crown, the Circumscription of his Broad Seal was also Jacobus Dei gratiâ Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei Defensor, and no more; yet he maintained the other Point both in his Government and Writings, as may be read in his Praemonition to all Christian Monarches, and his Declaration against Vorstius, and his Defence of the Right of Kings against Cardinal Perrone, and in several of his Speeches in Parliament, leaving men at liberty, as Queen Elizabeth did, to use the Title of Supreme Head in their Pulpits and Evidences as they thought fit; so as the learned Cambden in his Dedication of his Britannia to King James, instead of Defensor, writes him Propugnator Fidei. When King Charles the First came to his Crown, the Circumscription of his Great Seal was Carolus Dei gratiâ Rex Angliae, Scotiae, Franciae & Hiberniae, Fidei Defensor, and no more; yet to justify both Titles, in the seventeenth year of his Reign he caused the 39 Articles (which were agreed on in the fourth of Queen Elizabeth) to be reprinted, and in the Front did publish his own Declaration in these words: Being by God's Ordinance, according to our just Titles, Defender of the Faith, and Supreme Governor of the Church within these Our Dominions, He therein declares, That the Articles of the Church of England, allowed and authorized heretofore, do contain the Doctrine of the Church of England, and requires his Subjects to continue in the uniform profession thereof. And then, as to the Discipline he further declares himself Supreme Governor of the Church of England, and that if any difference arise about the external Policy concerning Injunctions, Cannons, or other Constitutions whatsoever thereunto belonging, the Clergy in their Convocations is to order and settle them, (having first obtained leave under his Majesty's Broad Seal so to do) and he approving their said Ordinances and Constitutions. So here the word Supreme Head is changed into Supreme Governor. When King Charles the Second came to the Crown, the Circumscription of his Broad Seal was Carolus Secundus Dei gratiâ Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei Defensor, and no more; yet to justify both Titles, the very same year of his Return, Anno 1660. he published a Declaration to all his loving Subjects (well worth the reading) concerning Ecclesiastical Affairs, which shows both his Christian condescension to his Subjects, and Justifications to those two Titles for which he is styled by Writers Supreme Moderator. Now though in all Parliament-Writs which have come to my view, and in other public Acts, and Writings since the first of Queen Elizabeth to this time, after the words Defender of the Faith (except in their Broad Seals) there is added only one etc. which I conceive was done for brevity, and must be understood in relation to the Act of 36 Hen. 8. never yet repealed, and every man had then and hath still liberty in their Deeds or Pulpits to mention the full Titles, but by degrees, about the year 1640. it began to cease in Pulpits, and soon after in Pens, contenting themselves with the etc. These and other matters (seeming trivial, though proving dangerous in the consequences) were yielded to as condescensions to gratify a dissenting party in England, who, very probably, were incited thereunto, by underworking Papal Contrivers, (being excellent Artists in spurring on the least humour of Schism in this Church) and so dealing in little things till greater were ripened, in which latter they often made Attempts, as may be read in Queen Elizabeth, King James, King Charles the First, and this present King's time (yet without success) except in the Assassination of King Charles the first, which was managed with such dexterity, that it was made difficult to judge whether some of the English Dissenters in those times, or the Romish Incensors were the chief Actors. And after that it was carried on by a subtle way of redeeming their credits in this King's Preservation at Worcester, yet still underhand endeavouring to subvert the whole Fabric of this Kingdom, as was discovered about the end of this Parliament, 1678. (which determined my public Employments, and therefore shall leave that Subject to other Pens.) Thus the new Empire of Rome and the old Empire of England have struggled through many Ages for Supremacy. It is the Interest of England to be quiet within its own liquid Arms, and so increase itself, with other Kingdoms and States, by a real mutual Traffic and Commerce. But it is the Interest of Rome to be troublesome, and increase itself in all Kingdoms and States, without any real commutation or advantage to any but itself. Yet it is difficult to make the Dissenters to the Church of England believe that the way which they take in opposing Rome will in time be destructive to their own Designs and Opinions. Some of the Dissenters to the Church of England see and know this, yet are so inveigled by such Dissenters to the Court of Rome (who pretend to be for that Church, but not for that Court) under a plausible notion of Liberty, as may destroy that which they ought to maintain, viz. to prevent the Inundation of Rome, whereby they bring it to this Question, Whether they had better comply with a Foreign Interest, which they pretend to hate, or their Native Interest, which they pretend to love; and whether they are not like (by concurring with those pretended half Romanists, which they do in effect, by opposing the English Constitutions) to fall into that which they pretend to avoid. For these admitting one Error, are subject by those delusions to strike upon greater, because they who now are only for the Church of Rome against the Court, will undoubtedly (when they have gained their Proselytes) be both for the Church and Court of Rome, when they have once the Dissenters of the Church of England to be its Opposers; for Dissension mounts as naturally to violent Opposition, as Conspiracies to Rebellion. And now, craving pardon for this long digression, I shall proceed to the Writs by which the Bishops have been anciently and still are Summoned to sit in Parliament Cum Praelatis Magnatibus & Proceribus, giving this Hint, That their Summons to Parliament were still in relation to their Baronies, and their advancements to other Dignities as well Ecclesiastical as Civil, was and is in respect of their great Learning, Knowledge, Fidelity and Experience in Affairs. And now I shall set down the Form of their Writs of Summons both Ancient and Modern. SECT. XIII. The Form of the Exemplar Writ to the Archbishop of Canterbury, 15 Edw. 2. EDwardus Dei gratiâ Rex Angliae, Dominus Hiberniae, & Dux Aquitaniae, venerabili in Christo Patri Waltero eadem gratiâ Cantuarii Archiepiscopo, totius Angliae Primati, Salutem. Quia super diversis arduis negotiis nos, statum Regni nostri specialiter tangentibus, Parliamentum nostrum apud Eborum à die Paschae proximo futuro in tres septimanas teneri, & vobiscum & cum caeteris Praelatis magnatibus & proceribus dicti Regni habere proponimus Colloquium tractatum Vobis Mandamus in fide & dilectione quibus nobis tenemeni firmiter injungentes, quod dictis die & loco omnibus aliis praetermissis personaliter intersitis ibidem nobiscum & cum caeteris Praelatis Magnatibus & Proceribus supra dictis negotiis tractaturi vestrumque Consilium impensuri, Praemonentes Priorem & Capellanum Ecclesiae vestrae Cantuariae Archidiaconos totumque Clerum vestrae Diocesae quod iidem Prior & Archidiaconus in propriis personis suis dictum Capellanum per unum idemque clerum per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis Capellano & Clero habentes uná vobiscum intersitis modis omnibus tunc & ibidem ad faciendum & consentiendum hiis quae tunc & ibidem de communi consilio (favente deo) ordinari contigerint super negotiis antedictis. Et hoc nullatenus omittatis. Teste meipso apud Derby 10 Martii Anno Regni nostri quintodecimo. Observations. THe same reasons which guided me in the 3d. Chapter, to begin with a Writ in Ed. 2d. time to a Prince of the Blood, induced me here also to begin with a Writ of the same Date, from the same King to the Bishops; and here it may be observed, that this is the first Writ in the Tower-Record, wherein the Praemonentes are added to the Writ, for before this Writ (in respect of the Bishop's Baronies) their Writs were in the same Form, as to the Temporal Barons (of which some are Cited by Mr. Pryn and others) but here such of the Clergy as are therein mentioned, viz. Priors, Archdeacon's, &c. were to be Forwarn'd, Cited, or Summoned by the Bishops; and yet this Clause of the Praemonentes in their Writs was not constantly used in aftertimes; for in some subsequent Kings Reigns since this of Ed. 2. it is omitted; but very rarely. And so in some Clause Rolls there are Exemplars to the Archbishop, but no Consimilars mentioned; and likewise an Exemplar to some Temporal Lord, but no Consimilars named, which doubtless was the Error of Clerks, for there are Sealed Writs of both sorts, extant at such times as they were omitted in the Rolls. But from Hen. 8. to this time, there is no material alteration from this Ancient Form; Except in some few particulars, which will be shown in the following Writs. SECT. XV. The First Writ in the Pettibag amongst the Pawns 21. Hen. 8. is to Cardinal Wolsey Archbishop of York, viz. HEnricus octavus Dei gratiâ Angliae & Franciae Rex Fidei Defensor & Dominus Hiberniae. Reverendissimo in Christo Patri Thomae miseratione divina tituli sanctae Cicilliae Trans-Tyburinae Sacrosanctae Romanae Ecclesiae Presbytero Cardinali Archiepiscopo Eborum, Angliae Primati & Apostolicae ac etiam de Latere Episcopo Wintoniensi nec non exempti Monasterii Sancti Albani Commendatorio perpetuo Salutem. Quia de advisamento & assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostrum Londini tertio die Novembris proximo futuro teneri ordinavimus, ac ibidem vobiscum ac cum caeteris Prelatis Magnatibus & Proceribus dicti Regni nostri Colloquium habere & tractatum. Vobis sub fide & dilectione quibus nobis tenemini firmiter injungendo mandamus quod consideratis dictorum negotiorum arduitate & periculis imminentibus cessante excusatione quacunque, dictis die & loco personaliter intersitis nobiscum & cum Praelatis Magnatibus & Proceribus praedictis super dictis negotiis tractaturum vestrumque Concilium impensur' & hoc sicut nos & honorem nostrum & salvationem & defensionem Regni & Ecclesiae supra praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Praemonentes tam Decanum & Capitulum Ecclesiae vestrae Ebor' quam Prior' & Capit' Ecclesiae vestrae Wintoniae nec non Archidiaconum totumque Clerum vestrarum diocesium praedictarum quod iidem Diaconus & Prior nec non Archidiaconi in propriis personis suis ac utrumque Capitulorum praedictorum per unum idemque Clerum per duos procuratores Idoneos plenam & sufficien' potestatem ab ipsis Capitulis & Clero divisim habentes praedicto die & loco personaliter interserint ad consentiendum hijs quae tunc ibidem de Communi Concilio dicti Regni nostri (divina favente Clementia) contigerint ordinari. Teste meipso apud Westm' nono die Augusti Anno Regni nostri vicesimo primo. Consimilia brevia dirigenda Archiepiscopo Canturiensi & Episcopis subscriptis sub eadem dat' viz. Reverendissimo in Christo Patri Gulielmo eadem gratiâ Archiepiscopo Canturiensi totius Angliae Primati. Cutberto Episcopo Londin. D. Johanni Episcopo Exon. D. Nicolao Episcopo Elien. D. Johanni Episcopo Lincoln. D. Laurentio Episcopo Sarum. D. Johanni Episcopo Carlilin. P. Johanni Episcopo Roffensi. P. Roulando Episcopo Coventry & Lichffeldiae. Henrico Episcopo Assanensis. D. Georgio Episcopo Landavensis. D. Thomae Episcopo Bangorensis. P. Gulielmo Episcopo Norwicae. P. Johanni Episcopo Herefordiae. D. Roberto Episcopo Wintoniensis. D. Gulielmo Episcopo Bathon. & Wellen. Roberto Episcopo Cecestriae. D. Custodi Spiritualitatis Episcopatûs Wigorn. ipso Episcopo in Remotis agente. Custodi Spiritualitatis Episcopatûs Dunelmensis ipsa fede vacante. XX. in all. SECT. XVI. Observations on this Writ to Cardinal Wolsey. THis Writ, except the Title of it, is like that of Ed. 2d. yet I have thought fit to enter it for some reasons particularly. 1st. For the Eminent nature of the Titles which this Cardinal ascribed to himself, who had also tried several experiments to have been made Pope: and probably the Passions of Hen. 8. and the Cardinal's disappointments therein, might hasten the dissolution of the Abbots, and other proceed in order to the lessening the Pope's interest here; and this refusal of the Cardinal, may justly give an occasion to say that the English have always had hard measure in their Attempts therein; for though the Conclave have admitted above 50. English men to be Cardinals, yet (it seems) their Policy hath been not to admit of any English man to be Pope (except one in our Henry 2. time) called Nicolas Brakespear, who being Pope, Entitled himself Adrian the 4th.) so that from Higynus' time there hath been but one English man made Pope (unless Johannes natione Anglicus, Gussarus. officio Papa, Sexu Faemina quae sedet in Papatu An. 20. Mens. 6. who in English we call Pope Joan) be allowed for one of the 246. Popes to this time, yet the Pope hath exercised the highest Jurisdiction here that England could afford, which is a very Partial and unequal way of dealing. 2. The 2d. reason of Entering this Writ, is to show that the Archbishop of York, was herein the Exemplar to the Archbishop of Canterbury, of which there is no Precedent before; for the three Cardinals which were Archbishops, viz. in the time of King John, Edward the 3d, and Hen. the 6th. were all three Archbishops of Canterbury, so as this precedency must be attributed to the Cardinal's Dignity above all Archbishops, and not to any irregularity in placing the Exemplar. And here it may be observed, that as the Title of Archbishop did long since leap over the Title of Bishop, and the Titles of Patriarch and Pope, over Archbishops, afterwards, viz. Anno Christi 1099. when the Title of Cardinal first began (by Pope Pascal the 2d. his institution) the Title being raised by him, of certain Parochial Priests in Rome (of whom he had more confidence) did in effect leap over all the Four other Degrees, and by it had the sole power of Electing Popes, being under their management; so as the Pope hath only the Title left, and the 70 Cardinals the power of Electing him, in which they are unwilling to admit of any English man, although if they did, he would be so overbalanced, that there were no great hazard of his Election. In the mean time, the Conclave is so kind to its own Interest, as to appoint one of those Cardinals to be Protector of England, he being at this day Styled, Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector. 3. It may be observed that amongst many other Titles he Entitled himself Presbyter, to gratify all interests. 4. Though H. 8. might entitle himself Fidei Defensor 8 years before this Writ, yet this is the first Writ on Record wherein this Title is given; and this also is the last Writ, that I find was sent to any Cardinal to sit in Parliament; for though Cardinal Pool was Cardinal, and Archbishop of Canterbury in Queen Mary's time; yet he had no Writ, either as Cardinal, or Archbishop, or both; but the Exemplar was in that Parliament, to the Bishop of Winchester, and no Writs to the Bishops of Canterbury, York, London, or Durham. 5. When this Writ was made, he was Lord Chancellor, yet it is not inserted in the Writ, possibly because Sir Thomas More was in Prospect to be Lord Chancellor, and was actually so before the Parliament met. And now having shown the first Writ among the Pawns, I shall proceed to the Writs in the subsequent Pawns, and then show the alteration of them. The second Pawn or bundle of Writs extant in the Pettibag is of the 31 of Hen. 8th. wherein the first Writ is to Thomas Archbishop of Canterbury; and this Writ also agrees with the former (except in the Titles) and with all the Writs to Archbishops, from Edward the 2ds. time to this, as they are in the Clause Rolls. The third Pawn, or Record of Writs in the Pettibag, is of the 36 of Hen. 8th. which is the remarkable Writ, because it differs from all the former Writs since Ed. 2ds. time, both in the Titles and the Praemonition; for in this Writ he is entitled King of Ireland, and Supreme Head; but before this, only Lord of Ireland. Now as to the Title of King of Ireland, Hen. the 2d. did give the same to his Son King John, but the Pope would not let him enjoy it; nor did any of his Successors assume it, till Hen. the 8th. resolved to reassume it in defiance of the Pope, and writ himself King of Ireland, instead of Lord of Ireland; because, as I said in the former Section, he would not place the Title of Defender, before Ireland, as the Pope had directed him in his Bull; or it may be in respect the Pope pretended a Title under King John to Ireland; and as for the other Title of Supreme Head, though it was given him by the Parliament 12 years before, yet I find it not in any Parliament Writ till this year of the 36. H. 8. So that the Preamble, or Titular part of the Writ is thus, Henricus Dei gratiâ Angliae Franciae & Hiberniae Rex, fidei Defensor, & Ecclesiae Anglicanae & Hiberniae Supremum Caput. Then for the Premonition, whereas the words Priorem Capellanum or Capitulum were placed next unto Praemonentes; in this Writ the words were Praemonentes Decanum & Capitulum, because Abbeys and Priories were newly dissolved, and Deaneries Constituted and so the Writs thus altered have continued till this Writ for the year 1661. But before I set down the Writ for 1661., I must a little repeat some short progresses and methods ushering in that Writ, for though the Bishops were in the year 1641. by an Act of King Charles the First, with the Consent of the Lords Temporal, and Commons, disabled from Exercising any Temporal Jurisdiction or Authority; and thereupon, soon after put out of the Lords House (as I have shown) yet there was no occasion of new Writs to them till the year 1661. and then there could be no new Writs made for their Restauration, till they were restored by the same power of King, Lords Temporal, and Commons, by repealing that Act; in order to which the remnant of the Parliament of 1640 (which still continued in several shapes) was by the Kings Consent dissolved, his Majesty appointing another to begin in April 1660. So the 29th. of May 1660. he came successfully from beyond Seas to confirm it, and this Parliament lasted till December following, in which time, as Preparatories to the Bishop's Introduction; provisions were made for restoring Ministers who had been outed of their Live, and also Commissioners were appointed (who did sit accordingly) to compose the differences which might arise between the Purchasers of the Bishop's Lands and the Bishop, wherein they used so great Lenity, that the Bishops did come into their Temporalities; (with some satisfaction to both Interests) (after they had been enjoyed by the Purchasers near Twenty Years) and in the same Month his Majesty did also set out a Declaration before mentioned, concerning Ecclesiastical Affairs; and after these Preparatories, that Parliament consisting of the King, Lords Temporal, and Commons, being also Dissolved, as I said, in Decemb. His Majesty was pleased in February following, to Summon another Parliament of the Lords Temporal, and Commons, to begin the Eighth of May 1661. before which time, his Coronation was Solemnised, viz. the Twenty third of April 1661. yet before the Ceremony was performed, he thought himself obliged to take Care for the Bishops, (for many Ceremonies essential to his Coronation were to be performed by them) and thereupon at a full Council in Whitehall, the Tenth of April, this Order was made: ORdered by his Majesty, That the Lord Chancellor do forthwith give directions to the Clerk of the Crown, to draw up Writs of Summons to pass his Majesty's Great Seal, directed to the most Reverend Father in God, William Lord Archbishop of Canterbury, and Accepted Lord Bishop of York, for Convocation of the Lords, Bishops, Deans, Archdeacon's, and the Clergy of their respective Provinces in usual Form. Accordingly, the Parliament met the said Eighth of May 1661. and did sit till the Thirtieth of July, where amongst other Acts, one did pass for Repealing the Act of Abolishing Bishops, and Restoring them to their Estates, Dignities, and Places; and so the Parliament Adjourned to the Twentieth of November following; after which Adjournment, upon the Twenty ninth of August following, the Writs which were ordered the Tenth of April aforesaid, did pass under the Great Seal, and were distributed, so as the Twentieth of November 1661. they did take their places in the House of Lords, and have continued so to do during this Parliament; and notwithstanding this long deprivation, (wherein the King himself, the Temporal Lords, and the chief of the Commons were Sharers) they may be said to be in the House of Lords upon an Interest of Right, though the Interest of Form in their Introduction was wanting, that Act of Abolition being partly Authentic, and partly not, (for Acts of Parliament are good absent Clero, though not Excluso Clero,) and so next I shall show the Exemplar Writ, as it is entered in the Crown Office, (for it was too late to enter it amongst the Deposits or Pawns in the Pettibag.) SECT. XX. The Form of the Writ to the Archbishop of Canterbury the 29th. of Aug. 1661. REx Reverendissimo in Christo Patri praedilecto & fideli Conciliario nostro Gulielmo eadem gratia Archiepiscopo Cantuariensi totius Angliae Primat' & Metropolitano Salutem. Quia de Advisamento & Assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos Statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maii praeterito teneri ordinavimus & ibidem nobiscum cum caeteris Praelat' Magnatibus & proceribus dicti Regni nostri Colloquium habere & tractare Vobis in fide & dilectione quibus nobis tenemini rogando Mandamus quod consideratis dictorum negotiorum arduitate & periculis imminentibus Cessante excusatione quacunq' dictis die & loco personalit' intersitis nobiscum ac cum Praelatis Magnatibus & Proceribus praedictis super dictis negotiis tractatur' vestrumque Concilium impensur' & hoc sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae praedict' Expeditionemque dictorum negotiorum diligetis nullatenus omittatis Praemontes Decanum & Capitulum Ecclesiae vestrae Cantuariae ac Archidiaconos totumque Clerum vestrae Diocesis quod idem Decan' & Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemq' Clerum per duos procuratores idoneos plenam & sufficientem potestatem ab ipsis Capitulis & Clero divisim habentes praedictis die & loco personaliter interfuerint ad consentiendum hiis quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari Teste meipso apud Westm' vicesimo nono Augusti Anno Regni nostri 13. Annoque Dom. 1661. SECT. XXI. Consimilia Brevia dirigenda. TO the Archbishop of York; Reverendissimo Accepted Archiepiscopo Eborum Angliae Primati, (leaving out Totius before Angliae) as in the former. To each of the other Bishop's Reverendo, etc. as they are entered in the Memorials of the Chancery Crown Office in this following order. Reverendo Gilberto Johanni Briano Gulielmo Roberto Gulielmo Johanni Mattheo Henrico Humphrido Georgio Roberto Georgio Gulielmo Benjamino Hugoni Richardo Briano Johanni Gilberto Edwardo Gulielmo Nicolao Episcopo Londini Dunelmensis Wincestriae Bathon & Wells Oxoniae Bangor Ruffensis Eliensis Cicestriae Sarum Worcestriae Lincolniae St. Asaph St. david's Burgi Petri Llandaff Carlioniae Cestriae Exoniae Bristol Norwici Glocestriae Herefordiae Vulgo Durham Rochester Chichester Salisbury Minuensis Peterborough Carlisle Exeter All these Writs dated 29. Aug. 1661. except the last. Johanni Episcopo Lichfeildiae & Coventriae Jan. 30. 1662. There is also the Bishop of Man Island, but in respect he hath no Writ to sit in the Lord's House, I have not entered him. Note, That except the two Archbishops and the Bishops of London, Durham, and Winchester, whose Precedencies are settled by the Act of 33. H. 8. all the other Bishops are entered into the Pawns according to the dates of their Consecrations. SECT. XXII. Observations on the Writ. UPon comparing the Writ of Edw. the Second, with the middle Writ of 21th. of Hen. the Eighth, and the Writ of the 13. Car. Secundi, these follow-Particulars may be observed. First, The Titles of several Kings in their Writs, as well to the Lords Temporal as Spiritual, have varied according to the Successive King's Increase or Decrease of their Dominions, but more remarkably in Hen. the Eighths' time, relating to the Clergy (as I have shown.) Secondly, All Writs concerning Bishops, from Edward the Seconds time and before, to the 13. of Car. Secundi inclusive, were directed to the Archbishop of Canterbury, as the Exemplar Writ, in respect of his Dignity, except where any Cardinal was a Bishop of England, or the Pope's Vicar-General, or that the See of Canterbury was void, or that a Bishop was Chancellor; and then the Exemplar Writ was directed to that Bishop, and to neither of the Archbishops; or if both Archbishoprics were void, then to the Bishop of London. Thirdly, The Exemplar and Consimilar Writs to Bishops, have been generally placed in the Clause-Rolls, and in all the Pawns extant before any Degrees, except Princes of the Blood, though their places in the Lord's House are otherwise. Fourthly, Sometimes the Writ to the Archbishop was without any Epethit to his Christian name; but the Epithet of the most constant Application was Venerabili Archiepiscopo, and the like to Bishops; but in Hen. the Eighths' time it was altered, Reverendissimo to Archbishops, and Reverendo to Bishops. Fifthly, Also an other Title is usually in the Bishop's Writs; as in the Writs to the Lords Temporal, viz. Praedilecto & fideli Conciliario, which is not in the ancient Writ; but of late it is entered as an addition to such as are of the King's Privy Council, whereof the Bishop of Canterbury is for the most part one. Sixthly, In the 36. of Henry the Eighth, the Writ is, Primati & Metropolitano, which latter word was not extant till that Writ. Seventhly, In the latter Writs, the words de advisamento & assensu Concilii nostri, are entered, which are not in the old Waits, and some other words which are in the Duke's Writ, and not in the old Writs, as may be observed in the Figures which I have placed in that Writ. Eighthly, And in the Mandamus, instead of Firmiter injungentes to the Temporal Lords, the Writs to the Bishops are Rogando Mandamus; and instead of Fide & ligeantia to the Temporal Lords, it is, In side & dilectione to the Lords Spiritual; so that to the word Praemonentes, the Writs both to the Lords Spiritual and Temporal do agree, as well in the Originals, as Alterations, except in those particulars before named. Ninthly, From the word Praemonentes in the Writ, there is a greater Latitude of power granted to the Lords Spiritual, than to the Lords Temporal; for the Lords Temporal are not empowered by their Writs to Summon the Laity, (who sit in the House of Commons as Representatives of the Commonalty) but the Lords Spiritual are empowered by their Writs, to Summon Deacons, Archdeans, and Proctors to attend the Parliament, (as Representatives of the Clergy) who being met at places appointed, (distinct from the House of Lords, or House of Commons) those places where they meet, have the Titles of Convocations; the Bishops making the upper Convocation, the Representatives of the Clergy, the lower; Suiting to those two of the Laity; one called sometimes, the House of Lords or Peers, or upper House, the other sometimes the House of Commons, or lower House. The General Writs for this Parliament were dated (as I have shown) the 18th. of Febr. 1661. to meet the 8th. of May 1661. but the Writs to the Bishops were not dated, till the 29. of August following; yet by these Writs, they are appointed to meet (die & loco) at the day and place, viz. on the Eighth of May, and at Westminster, as in the General Writs; so as the latter Writs seem to command an Impossibility; but this is to be understood in a Parliament-sence, viz. That the first day of the Meeting of a Parliament, continueth to the end of a Session, or Prorogation, and is accounted but as one day, for an Adjournment is but the continuance of that day; and a passing of Acts upon an Adjournment (as in this case) was not a determining the Session, because they were passed by way of Proviso, That it should not thereby discontinue the Parliament; so that the Bishops being admitted before any Session of determining the Parliament, or before any Prorogation of it; it is to be esteemed in a Parliament-sence, (as I said) as one day. And so it is in Law; where a Sum is due the Eighth of May, payable at Westminster, and not paid till the 29. of August, and then paid in London, and then accepted by the Creditor; it doth bar all breaches or punctilios in Law or Equity, between the Creditor and Debtor. Besides, If a Parliament continues some Months without Adjournments or Prorogations, in which time many Members of both Houses Dye, so as there is a necessity to send out Writs for a Supply of Members; if the Writs should not issue in a certain Form, with respect to a certain day, though past, it would produce many inconveniencies, attending the Discretion or Indiscretion of Clerks who are to form such Writs; and therefore all Writs though after Prorogations, though many years subsequent, have still reference to the first day of the Parliament, as will be further shown; for it hath been the Wisdom of Parliaments to admit of no variation in that point. Next, As to the place of Meeting; the Bishops are Summoned to meet Cum Praelatis Magnatibus & proceribus, at Westminster, which the Bishops do as to their Cointerest in the House of Lords; but in relation to the inferior Clergy, the Bishops do meet at Westminster, and sometimes Adjourn to such places out of Westminster, as the Archbishop or his Vicar appoints; which before the Fire in 1666. was at the Convocation-House on the Southside of St. Paul's Church in London, but since, in Westminster-Abby. The Bishops in all this Parliament sit in Henry the Sevenths' Chapel, (as the upper Convocation) the Deans, etc. in St. benedict's Chappel, on the North-side of the Abbey; (as the lower Convocation) so as they have distinct Houses or Places from the House of Lords, and House of Commons, as also distinct days of meeting; but always after the Parliament first meets; and so of sitting some days after any Adjournment, or Prorogation, or Dissolution, which is appointed beyond the Lords or Commons, as will be shown in the Chapter of Convocations. 11. Concerning the alteration of Priorem. into Decanum, I have given an account. 12. Instead of favente deo the later Writs say, favente divina clementia. 13. In the old Writs the year of Christ is not added, for it was more than 300 years after Christ, before the Computation was used; but in the later Writs it is not omitted. 14. Till about the year 855. there was not above 16 Bishoprics, and then they increased to 19 and 21, and in Hen. 8. time to 26, and so they have continued ever since; but in all times there have been several Transplacing, and Transmutations; so as the names of the Bishoprics of Dorchester, Dunwich, Haglested, Sydnacester, and Leicester, Landasfirm, Selsy, Sherborn, Chester in Durham, Crediton, and St. Petrocks, 10 in all, are utterly lost and drowned in the now remaining 26 Bishoprics. 15. The Bishops being men well Educated, in all Sciences Divine and humane, were still employed by our Successive Kings, as well in matters Temporal, as Spiritual; for I find that of 153 Chancellors, and Keepers of the Great-Seal (from William the conquerors time) there have been 62 Archbishops, and Bishops employed in these Offices; and from the first Institution of Treasurer (in William the 2d's. time to Ed. the 4ths. time) there have been 42. Archbishops and Bishops, Treasurers, but from Ed. the 4th's. to this time, no Bishop hath been Treasurer, except William Archbishop of Canterbury, in Charles the 1sts. time, then Bishop of London; they have been also Chief Justices, etc. But for other Offices, in respect I find them not mentioned in any of their Writs of Summons to Parliaments, as additional Titles: I shall not make any further inquiries; but indeed anciently most of the Judicial Offices in the Kingdom or State, were under the Care, and Management of the Clergy; and therefore the Chancellor, Treasurer, Privy-Seal, etc. were called Clerici, or Clerks, as a distinction from the Laity. And being men generally of the greatest Knowledge and Learning, were thereupon chosen into Offices of the highest nature. 16. That though for many Ages before the end of Hen. the 8th's. Reign) the Bishops were then of the Roman Religion, yet whenever they had the least encouragement from the present Kings of England (and sometimes without it) they still opposed the Superintendency, and Supremacy both of the Church and Court of Rome (as to the Dominions of the respective Kings of England) protesting that the same was a destruction of the Realm, and Crown of England, which hath always (said they) been Free, and hath no earthly Sovereignty, but only God in all Regalities, as may be seen in the Parliament Rolls of Rich. 2d, Hen. the 6th. and in other King's Reigns, and since Hen. the 8th. the Bishops and Clergy under them, have been almost the only Bulwark against the Storms, and Encroachments of Rome upon us. 17. It appears by a long concatenation of Records that they have had these various Titles of Honour, viz. in the Latin Records Archiepiscopi, & Episcopi, Praelati, Pares, and in such Records as are writ in French or English, Archevesque & Evesque Archbishops, Bishops, Prelates, Peers, Grantz, Grandees, or Great ones, in distinction of the Lesser Peers, or House of Commons (of which I shall speak more) also Signors singly, and Signiors du Parliament, also Lords, and Lords Spiritual, and Barons claiming only a Vital Feudal, Tenurial, and not Nobilitated Peerage, in distinction of the Lords Temporal, whose Peerage is Personal, Hereditary, and Nobilitated. 18. Though they absent themselves from the House of Lords upon Trials of blood, yet it was, and is still in obedience to the morality of the Canon-Laws; for though those Canon-Laws were practised in times of Popery, yet the reasonableness, and conscientiousness of that Law still continues; and now we are free from the bondage of Popery, the Protestant Bishops still think themselves obliged to it, as the Papal Bishops were before, like the 4th. Commandment, which still morally obligeth Us, as formerly it did the Jews; yet where they do absent themselves in Cases of blood, it is done by leaving Proxy, or protestation of their Right of Sitting, etc. 19 And lastly it may be very well observed, though their influence and Interest (upon a Spiritual, and Temporal account) is spread over this whole Kingdom, their Revenues great; and thereby their Tenants, Officiates, and Dependants very numerous; yet I do not find in Histories, that the Bishops of England did ever raise an Army, to justify their interest against any of our Kings, or against the other two Estates, of Lords Temporal, or Commons, by Sword, or Force; but still supported it by their Pen, or Prayers. 20. Thus I have given an account of the Managers of Religion in this Island; and of the Writs, whereby they were Summoned to Parliaments; and of other great employments wherein they have been entrusted, of a mixed nature, part Civil, and part Ecclesiastic; and both tending to Religious Duties. I should now proceed to the Writs which concern Abbots and Priors, which till the 36. Hen. 8. were ever entered next the Bishops in the Clause-Rolls, and Pawns; but there having been no Writs directed to them since the said 36. of H. the 8th. (except two in Queen Mary's time; one to the Abbot of Westminster, the other to the Prior of St. John's of Jerusalem) I shall follow the Method of the Pawns, since the said 36th. year, referring the Discourse of them to the Chapter of Dissolutions; and here proceed to the third Exemplar Writ, viz. to the Lord Chancellor, being the first Officer of State, and Principal Assistant, and now annexed to a Barony, and after to his Title of Earl, as will be shown. CHAP. VIII. The Third Exemplar of the Lord Chancellor, or Lord Keeper. AMongst the Romans this great Officer was called Actuarius, Scriba, Notarius, Principis praesentis Vicarius, & Cancellarius; and so it came into France, and amongst the Saxons it had the name of Referendarius; but in England we do not find this Title of Chancellor, till the first of King John An. 1199 (though Lambert, and others derive it from Edward the Confessors time. This Officer continued in so high an esteem, that in the 5th. of Richard the 2d. The Commons in Parliament in their Exhibits to the King, desired that the most wise and able man in the Realm might be chosen Chancellor, which made Budaeus (one of Hen. the 8ths. Orator's) to give this Description, Hunc (saith he) rerum omnium cognition, omni Doctrinarum virtutumque genere instructissimum & ornatissimum, ingenioque ad omnia versatili, omnia in numerato habere oportere fatendum est. This Description is also to be applied to the Keeper of the Great Seal, which invention of a public Seal, as it was more ancient with the Romans, so it seems to be very ancient with us in England, (that Office being Constituted by William the Conqueror in the Year 1067.) and for the honour of both, (as it is shown in this Section) Geffrey a Natural Son to Hen. the Second was Chancellor, and the Queen to Henry the Third was Keeper of the Seal. 2. These two Offices were sometimes kept distinct, and sometimes united in one Person, till the Fifth of Queen Eliz. and then it was Enacted, That both those Offices should be accounted but as one and the same, and that hereafter both should not be used at one time by distinct Persons. 3. Whilst they were distinct, they had two Seals; the Chancellors was of Gold, and the Keepers of Silver; the Court esteemed Officina Regis, and the Seal, Clavis Regni; but whenever they were either united, or distinctly executed, still this high Office was managed by Archbishops or Bishops, or by the most eminent Laics for Learning, Integrity, and Abilities, as may be seen by comparing the History of them with their Catalogues. 4. To manifest their Eminency, it is evident from the Rolls, that in the opening of all Parliaments, the Lord Chancellor or Lord Keeper, did constantly, by the Command of the King, show them the reasons of Summoning them, (unless in a Vacancy, or on a special account of Absence, and then it was performed by one of the Chief Justices. 5. But to pass these, (being more fully shown in my Annotations) I do not find in any of the Clause-Rolls, or in the Pettibag-Pawns, that a Chancellor or Keeper had any distinct Writs of Summons to a Parliament, till the 28. of Eliz. (when Sir Tho. Bromley Knt. being the Queen's Solicitor, was made Lord Chancellor, and Summoned by a distinct Writ, in the same Form as is hereafter set down, which very Form hath continued ever since. And in the 35. of Eliz. Sir John Puckering being but Sergeant at Law, was made Custos Sigilli, and had a particular Writ of Summons to that Parliament; and in the 39 of Eliz. Sir Tho. Egerton Knt. being then Master of the Rolls, was made Custos Sigilli, and had this assisting Writ of Summons for that Parliament; and the like in the 43. of her Reign; and so in the 21. of King James; and in the First of Caroli Primi, particular assisting Writs were sent to the Bishop of Lincoln, in these words: Reverendo in Christo Patri praedilecto & fideli Consiliario nostro Joanni Episcopo Lincolniae magni sigilli Angliae Custodi: So as he had this Writ as an assisting Writ, and another Writ virtute Baroniae. 6. It may here be observed, that this was the only Bishop that was either Keeper or Chancellor, from the First of Eliz. to this time; whereas before Queen Eliz. for the most part Bishops or ecclesiastics did execute those Offices; but whenever it was conferred upon the Laics, choice was made out of the most eminent Families; as in the 26. of Hen. the Second, (as I said) Gessrey, Natural Son to Henry the Second, was made Chancellor; and in the 15th. of King John, Ralph de Nevile was made Keeper of the Great Seal; and in 22. of Henry the Third, Geffrey a Templar, and John de Lexington, were made Keepers of the Great Seal; and in the 37. of his Reign, his Queen, upon the Kings going into Gascoine, (which is remarkable, as I said) had the Custody of the Great Seal; and in the 45. of that Ring, Walter de Merton was made Chancellor; and in the 49. of that King, Thomas de Cantilupe was made Chancellor; and in the 53. Richard de Middleton made Custos Sigilli; and in the 56. John de Kirkley, and Peter de Winton, made Keepers of the Seal; and in the 2. of Edward the Third, Henry de Bughersh made Chancellor. In the 14. of Edw. the Third, John de St. Paul made Keeper of the Seal; in the same year, Sir Robert Burgtheire Knt. made Chancellor and Keeper of the Seals; and the like in the 15th. to Robert Parning, and in the 17th. to Robert de Sadington, and in the 19th. to John de Offord, and in the 20. to John de Thoresby. In the Records of the same year, it is said that Sir Lionel Duke of Clarence, the King's Son, (than Lord Keeper of England) gave Command by Proclamation, That no Arms should be worn sitting that Parliament; (whose name is omitted in the Catalogue of the Lord Keepers, by Mr. Selden in his Discourse of the Office of Chancellor and Keeper) and in the 45. to Sir Robert Thorpe, and in the 46. to John Knivet; and in the 2. of Rich. the Second, to Sir Le Scroop; and in the 6. of Rich. 2. to Sir Michael de la Pool; and in the 11. of Hen. 4. to Sir Thomas Beaufort; and in the 32. H. 6. Richard Earl of Salisbury was made Chancellor singly; and in the 21. of Hen. the Eighth, Sir Thomas Moor Knt. made Chancellor and Keeper; and in the 24. of Hen. the Eightht, Thomas Audley made Chancellor and Keeper; and in the 36. Hen. 8. Thomas Lord Wriothesly made Chancellor and Keeper; and in the First of Edw. the Sixth, Sir William Pawlet Knt. Lord St. John of Basin, made Keeper; and in the same year, Sir Richard Rich made Chancellor; and in the First of Eliz. Sir Nicholas Bacon Keeper; and the 21. Thomas Bromley Chancellor, who continued so to the 28. of her Reign, and was the first that I find, (as is before mentioned) that had a particular Writ of Assistance; and though in the Fourteenth of King James, Sir Francis Bacon was Keeper, (in the Eighteenth of Jac. Henry Viscount Mandevile, Lord Precedent of the Council, and Lodowick Duke of Richmond, William Earl of Pembroke, Sir Julius Caesar, had jointly the Custody of the Great Seal; and in the first Car. 1. Sir Thomas Coventry; and in the 16. Car. 1. Sir Edw. Littleton; and 21. Car. 1. Sir Rich. Lane, were Keepers of the Great Seal) yet we find no particular Writs in the Pettibag directed to any, but such as I have before mentioned, and to these which follow, viz. in 15. Car. 1. Sir John Finch Knt. Chief Justice of the Common-Pleas was made Custos Sigilli, and had a particular Writ of Summons to attend that Parliament. 7. As to this Writ of 13. Car. 2. of which I am to treat, it is to be observed that the Warrant (before mentioned) sent to Sir Edward Hyde Knt. and Chancellor, to empower him to send out Writs, was directed in these words, To our Right Trusty and Wellbeloved Counsellor, Sir Edward Hyde Knt. Chancellor of England; but in his Latin Writ of Assistance, the words are, Praedilecto & perquam fideli Consiliario suo Edwardo Domino Hyde Cancellario suo Angliae: leaving out Militi or Equiti aurato, and putting in Domino; and the reason of this variation (as I conceive) was, That the Warrant was agreed on by the King and Council before the Third of November, at which time he was Baron of Hindon; and therefore in the Warrant he is named only Sir Edward Hyde Knt. but in the Writ, Domino Hyde, which is the Adjunct Title of a Baron, as he then was; and I find before the Parliament met, he was created Viscount Cornbury and Earl of Clarendon, and thereupon had another Writ in relation to those Dignities, which was entered in the Pawn, and the entry dated the 12th. of April before the Parliament met, and in the latter Writ he had also his additional Titles; so that I observe, that if the Chancellor or Keeper be above the Degree of a Baron, he hath his Writ according to his Degree, and therein only intimating his Chancellorship or Keepership, (as is before shown in the 36. of Hen. the Eighth. 1 Mariae, etc. But if he be not a Baron, than he hath this Assisting Writ, Quatenus Chancellor or Keeper, as may be seen in the former Precedents, from the 28. of Eliz. to this Writ of 13. Car. 2. If he be a Baron, as I said, he hath or may require a Baronial Writ besides this Assisting Writ; The form of his Assisting Exemplar Writ is as follows: the other will be seen among the Barons. SECT. VIII. The Form of the Assisting Writ to the Lord Chancellor or Lord Keeper. CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, etc. Praedilecto & perquam fideli Conciliario suo Edwardo Domino Hide Cancellario suo Angliae salutem Quia de advisamento & Assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostrum Westmonasterium octavo die Maii proximè futuro teneri ordinavimus & ibidem voibscum ac cum 〈…〉 Proceribus dicti ●●egm nostri 〈◊〉 habere & ●●actatum. Vobis Mand●●●● firmitur 〈…〉 quod 〈…〉 aliis praetermissis 〈…〉 personaliter intersitis nobiscum ac cum caeteris de Concisio nostro super dictis negotiis tractatur' vestrumque Consilium impensur' & hoc nullatenus omittatis Teste apud Westmonasterium decimo octavo die Februarii Anno Regni suo decimo tertio. Grimston. SECT. IX. Observations on this Writ. FIrst I shall show how it differs from the Writs to the Nobles; Secondly, How it differs from the Writs to the other Assistants. First, It differs from the Writs to Dukes, Marquesses, Earls, Viscounts, in these particulars. First, To Dukes and Marquesses, the Writ is directed Praecharissimo Consanguineo, to Earls and Viscounts, Charissimo Consanguineo, to Barons, Praedilecto & fideli; and to Assistants only dilecto & fideli, but this Writ is directed as to a Baron, viz. Predilecto & perquam fideli, yet the body of the Writ differs from the Barons; the word perquam is added to fideli, being in no other former Writs, but is a proper word to express our English Right Trusty; and here it may not be improperly hinted, that in English Superscriptions, Right Trusty is placed before Wellbeloved, but in Latin Wellbeloved, (or Praedilecto) is before Right Trusty, or Perquam Fideli. Secondly, The words Sub fide & ligeantia, are in the Lords Writs next to Vobis Mandamus, but in all the Assisting Writs, those words are omitted; probably because in former times, the Assistants had not Tenors, but only knowledge of the Laws which occasioned them to be sent for by Writ Pro Concilio. Thirdly, The words (Consideratis dictorum negotiorum arduitate & periculis imminentibus cessante excusatione quacunque) in the Lords Writs) are left out in the Assistants Writs, and instead thereof, (omnibus aliis praetermissis) are inserted. In the Mandatory part of the Writ, the words in the Writ are (ac cum caeteris de Concilio nostro) instead of (ac cum Magnatibus praedictis) which is the chief distinction between the Peers and the Assistants. Fourthly, In this part also of the Writ, the Words are only in short, & hoc nullatenus omittatis, but in the Lords Writs, (& hoc sicut nos & honorem nostrum ac Salvationem regni & Ecclesiae praedictae expeditionemque dictorum negotiorum diligitis) their Lordship's being more eminently concerned in the Kingdom's Interests. Fifthly, In all the Pawns extant, and in most of the Clause-Rolls, (after the Exemplar Writ of every Degree or Quality is named,) these words are added, Consimilia dirigenda; but there is no Consimilar directed to this Writ, and although the Master of the Rolls is an Officer very little differing in many things from the Office of the Chancellor or Keeper, yet his Writ is made a Consimilar to the chief Justice of the King's Bench his Writ, and not to the Lord Chancellor; the Lord Chancellor standing Exemplar without any Consimilar, (and there are but Two of the same nature in all the Pawns, from the 36. of Hen. the Eighth to this time, viz. That to Chester and to Lancashire, as will be shown in their order) the true reasons thereof are (as I conceive;) 1st. That this Officer is of so transcendent a nature, that a Consimilar thereunto were improper, because the Original Warrant for issuing out Writs (as is before recited) is made from the King only to the Lord Chancellor or Lord Keeper, and the like Warrant not to any others of the Assisting Degrees. 2dly. His Lordship usually, and in most Cases, is necessarily the chief Minister of of State. 3dly. He is the Supreme Assistant of all the Assistants in the House of Lords; for he is not only Lord Chancellor and Assistant, but of late years constantly Speaker of that House. 4thly. His Grandeur is such that he hath four places in the Lord's House, one behind the King of Scots-Chair, the other next to the Dukes of the Blood, the third on the first Woolsack, 4thly. at the Table (as will be shown) whereas each of the other Assistants have but one single place, different from those provided for the fixed Nobility (as will be shown in the Local part.) 6. I cannot conclude this Chapter better, than from Sir John Davy (an Eminent Lawyer, in his Epistle to his Excellent Reports) who Describes a Chancellor in these words, Saith he, Is he not ad Latus Principis, to attend him? Auricularius Principis, to advise him? Doth not the King make him the Conduit of his Wisdom, when he useth his Voice, and Tongue to declare his Royal pleasure? Doth he not make him the Organ of his goodness, when he trusteth him with his Mercy, and Conscience in sweetening the bitter waters of summum jus, and in mitigating the rigour of Law to his people? Doth he not represent Reverentiam Principis in the Power and Authority of his Office? In a word, if the greatest honours do belong to the greatest virtues (for what is honour but a reflection and reward of virtues) How virtuous a person must he be, with what Gifts and Graces, with what Abilities, with what Ornaments, both of Art and Nature must he be endowed and furnished? viz. with all Learning, Law, Policy, Morality, and especially Eloquence to impart and Communicate all the rest: he must withal have a long, and universal experience in all the Affairs of the Commonwealth; he must be acceptable and absolute in all points of Gravity, Constancy, Wisdom, Temperance, Courage, Justice, Piety, Integrity, and all other virtues fit for Magistracy and Government; yet so as the same be seasoned with Affability, Gentleness, Humanity, Courtesy, without descending or diminishing himself, but still retaining his Dignity, State, and Honour. Briefly, he must be a person of such virtue and worthiness (that not only his Writ may be exemplar to other Assistants) but his Life, and Conversation a Mirror, and Example to all Magistrates. 7. He performs all matters which appertains to a Speaker of that House, whereby he may be said to be the Eye, Ear and Tongue of that great Assembly. 8. He is the Inlarger, Explainer, Interpreter, or Pronouncer of the King's Commands or Pleasure; and that which is further observable, of 72. Officers under his Jurisdiction, more than 44. of them are employed in Parliament concerns; either upon its Summoning, or during its Sitting; (as will be shown in my Annotations) And as his Warrant is the second Warrant that gives life to a Parliament, and vivacity to its continuance by Sessions and Recesses; so he gives the second Fiat to its Dissolution: he hath also an apartment near the Lords House (as will be shown) for himself to retire to, and for his Sergeant at Arms and others of his Attendants. Thus having considered the Lord Bishops and Lord Chancellor's Writs, I must observe how tightly and harmoniously these two Degrees are interposed; (both in their sitting in the Lord's House, and in the method of their Writs in Pawns, and in the Act of Precedency) being placed in all of them between the first and second Rank of the Lords Temporal: (as it were) to show that the Lords Temporal are always to embrace and maintain Religion and Equity, as the two chief Supporters of a Parliament. I have spoken of the first Supporters to Religion and Equity, viz. Princes of the Blood: and now I shall speak of the other Supporters, (viz. the Nobles not of the Blood, distinctly five Titles, viz. Dukes, Marquesses, Earls, Viscounts, and Barons) but more especially of their Writs which Summon them to sit in Parliament, which will guide me into several observations. CHAP. IX. Of the Fourth Exemplar Writ to the Nobles not of the Bloud-Royal; To the Lord-Treasurer, etc. IN the Eighth Chapter I shown the Exemplar Writs to Princes, Dukes, and Earls of the Bloud-Royal; I am now according to the method of this Pawn, to show the Exemplar Writs to Dukes, Marquesses, Earls, and Barons not of the Blood. I shall begin with that in Anno 1661. being agreeable to that Exemplar (before recited) to the Dukes of the Blood, from the word (Salutem) to the end of the Writ; but the Preambles to that word do afford variety almost in all Writs, and therefore before I make the Observation upon it, I shall give a view of the Writ at large (being only abbreviated in the Pawn.) CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, etc. Praecharissimo Consanguineo suo Thomae Comiti Southampton Thesaurario Angliae Salutem Quia de Advisamento & assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae' Anglicanae concernen' Quoddam Parliamentum nostrum apud Civitatem nostram Westm' 8. die Maii prox futur' teneri ordinavimus ac ibidem vobiscum ac cum Magnatibus & Proceribus dicti Regni nostri, Colloquium habere & tractatum, vobis sub fide & ligeantia quibus nobis tenemini firmiter injungendo mandamus Quod consideratis dictorum negotiorum arduitate & periculis imminentibus cessante excusatione quacunque dictis die & loco personaliter intersitis nobiscum ac cum Magnatibus & Proceribus praedictis supra dictis negotiis tractatur' vestrumque Concilium impensur' Et hoc sicut Nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae praedictae expeditionem; dictorum negotiorum diligitis nullatenus omittatis. Teste Rege apud Westm' 18. die Febr. Anno Regni nostri 13. SECT. II. Observations. 1. ALl Parliamentary Exemplar Writs of this nature which are extant from the 15. of Edward the Second, to the 21. of Henry the Eighth, if they were not directed to some one of the Heirs of the Crown, or to Princes, Dukes, or Earls of the Blood, were still directed to an Earl not of the Blood, (except Three to Three Dukes in Henry the Sixths, and Edward the Fourths time) it being evident from what hath been said, That Earls, called in Latin Comites, was a more ancient Title in this Kingdom, than Dukes; (Richard the Eldest Son to Edw. the Third, being the first that was so created) but Earls long before; and though Edward the Third did create many Dukes more than his Son, which were of the Blood; yet still to keep the old Title of Earl, and in veneration thereof, (as may be supposed) he in the Forty Seventh of his Reign did think sit, as the King usually appoints the Sword to such a Person as he directs to carry it before him) to grant the Exemplar Writ to an Earl not of the Blood, for the Parliament to be holden that year, and so did his Successor, as may be seen in this following Table, viz. 47. Edw. 3. Richardo Comiti Arundel, who sat one Parliament. 18. Rich. 2. Henrico Comiti Derby, who sat one Parliament. 3. Hen. 5. Radulpho Nevile Comiti Westmoreland, and the like Writ in the same year, so he sat two Prrliaments. 7. Hen. 5. Henrico Percy, Comiti Northumbr. and the like in the same year, and in the Eighth and Ninth of this King, and Twelfth of Hen. 6. so he sat five Parliaments; (note that the Christian names and Surnames of Nevile and Percy are in this Writ, which is not usual to Earls, only the Christian names. The three Exemplars to Dukes not of the Blood are in time subsequent to Earls; for the first Exemplar to a Duke was not till, 28 H. 6. Gulielmo Duci Suffolciae, who sat one Parliament. 38 H. 6. Henrico Duci Oxoniae, who sat one Parliament. 1 Edw. 4. The third Johanni Norfolciae, and the like in the same year, so he sat two Parliaments. And then after these Three Dukes, again to an Earl, viz. 3 Edw. 4. Richardo Comiti Warwick, who sat one Parliament; so from the 47. of Edw. 3. to Rich. the 3. there was Eight not of the Blood, viz. Five Earls and Three Dukes, who had Exemplars. From Richard the Third to the 21. of Hen. 8. there is (as I have shown) a want of Records in the Tower; so as the first Exemplar that appears to us in the Pettibag, of such as had Exemplar Writs being not of the Blood, do begin at the 36. of H. 8. viz. 36 Hen. 8. Thomae Wriothsley Militi Domino Wriothsley Cancellario, he sat one Parliament, and was the year before made Baron of Titchfield, and in the first of Edw. 6. Earl of Southampton. 1 Edw. 6. Gulielmo Pawlet Militi Domino Senescallo magni hospitii nostri ac Praesidenti Concilii nec non Custodi magni Sigilli: He was then Lord St. John of Bazing, and afterwards created Marquis of Wincester. 6 Edw. 6. Gulielmo Marchioni Winchester, Thesaurario Angliae, (Thomas Goodrick Bishop of Ely being Chancellor, and had his distinct Writ) this Marquis had his several Writs, viz. in the 6 of Edw. 6. and 7 of Edw. 6. and 1 Mariae, and 1 M. 1. and 2 Phil. and M. and 2 and 3 P. and M. and 4 and 5 P. and M. (in which time the Bishops of Ely, Winchester, and Archbishop of York were Lord Chancellors and had distinct Writs, it being not proper for them, being Lords Spiritual, to be Exemplars to the Lords Temporal;) besides he was Exemplar in the 28. 30. 35. 39 and 43. of Eliz. and Primo Jacobi, (in which time Sir Thomas Bromley, and Sir Christopher Hatton were Lord Chancellors, and Sir John Puckering, and Sir Thomas Egerton LordKeepers, and each of them had distinct Writs) so as it is remarkable, that this William Lord Pawlet Marquis of Winchester was Exemplar in all the Parliament Pawns which are extant in the Pettibag, from the first of Edw. the Sixth, to the first of King James inclusive, which is 55. years, and was in that time Lord Treasurer 22. years, which was longer than any of his Predecessors continued in that Office, except Sicily, who continued 27. years.) 1 Car. 1. Georgio Duci Buckingham, for one Parliament, (Sir Thomas Coventry being then Lord Keeper, and had a distinct Writ, and Sir Richard Weston Treasurer, who was then in Scotland.) 15 Car. 1. Johanni Marchioni Winchester, for one Parliament (Sir John Finch being then Lord Keeper of the Great Seal, and had a distinct Writ) also Will. Bishop of London was Lord Treasurer, and had his Writ. 13 Car. 2. Thomae Comiti Southampton, for this Parliament, (Sir Edward Hyde being then Lord Chancellor, and had his distinct Writ) this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166— So from the 36. of H. 8. to this Parliament of the 13. of Car. 2. there were three Exemplars, to Three Barons, (Two of them being Chancellors, and one Lord Keeper) and to Two Marquesses, to one Duke, and to one Earl; (and all these not of the Blood) Now as to the three Barons having Exemplars, (which Degree had not any before the 36. H. 8.) it may be presumed that the Exemplars were given them in relation to their Offices, as Lord Chancellor, or Lord Keeper, or Precedent of the King's Council. And as to the two Marquesses having Exemplars, (who had not any till the 6. of Edw. 6.) one was as he was Treasurer, and the other in the 15. of Car. 1. only as Marquis, because there was no Duke Summoned to that Parliament; (and Sir John Finch was then Lord Keeper, and William Bishop of London Lord Treasurer, and both had distinct Writs;) so there was none of the three great Officers of State remaining to be Exemplars, except Henry Earl of Manchester, than Lord Privy-Seal, who according to the Act of Precedency is placed in the Lord's House before all Dukes, Marquesses, etc. (not of the Blood) but I suppose, because there was no Precedent wherein the Lord Privy-Seal had been Exemplar since its first Institution in the 11. of Hen. 4. and being not called Lord Privy-Seal, nor that place in the Lord's House allotted to him, till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal, but to the Marquis singly, or else it was an omission in not minding the Act of Precedency. These latter Writs from the 36. of Hen. 8. did seem to break the method of the former; for before that Pawn of that year, no Dukes or Marquesses were made Consimilars, where an Earl was made Exemplar; but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar, and the Duke of Norfolk then Lord Treasurer of England, (and Charles Duke of Suffolk the Great Master of the King's Household, and Precedent of the Council, were (besides the Marquis of Dorchester, and Thirteen Earls, and Twenty eight Barons) made his Consimilars, so as the precedency of his Exemplarity must be ascribed to his Chancellorship, which according to the Act of Precedency was to be before all Dukes, etc. (not of the Blood;) and upon the same reason, Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper, had the Exemplar Writ, and the Duke of Somerset (though the King's Uncle) Governor of the King's Person, and Protector of England, (as also the Marquis of Dorchester, and Marquis of Northampton, and Thirteen Earls and Thirty Barons) were his Consimilars, which is the only Precedent (which I know of) where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Blood; and upon the like reason, as (I conceive in the 6 of Ed. the 6. William Marquis of Winchester, being Lord Treasurer, (the next in Precedency to the Lord Chancellor, by the Act of 31. H. 8.) had the Exemplar to two Dukes, one Marquis, Fourteen Earls, One Viscount, and Thirty one Barons, all which were his Consimilars: and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor, was, because Thomas Goodrick Bishop of Ely was then Lord Chancellor; and so it was not proper for that Bishop to be Exemplar, for the reasons before alleged. Now in the first Car. primi, Thomas Coventry being Lord Keeper, and having a distinct Writ, the Duke of Buckingham had the Exemplar, who had one Marquis, Thirty seven Earls, Eleven Viscounts, and Forty seven Barons to his Consimilars. Also in the 15. Car. 1. John Marquis of Winchester (Son to the former Marquis of Winchester) was made Exemplar, (Sir John Finch being Lord Keeper, who had a distinct Writ, (and William Bishop of London being in Scotland) but he had no Duke or other Marquis, but Fifty eight Earls, Five Viscounts, and Forty four Barons his Consimilars, and so reduced the proper Consimilars to its former method. But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer (Grandchild to the former Earl of Southampton) altered it again: (there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor) for this Earl had three Dukes, (one being General) Four Marquesses, Fifty five Earls, Eight Viscounts, and Sixty eight Barons his Consimilars; (I conceive as Lord Treasurer) for according to ancient Practice, (as I have shown) an Earl had not any Dukes entered as his Consimilars. The number of all the Exemplar Writs extant, from the 15. of Edw. the 2d. in An. 1322. to the 13. of Car. 2di. An. 1661. are but Twenty, and but Fourteen Kings from whom they were granted; The number of the Parliaments in which the Nobles did Sat, to whom such Exemplars were issued, were 107. and these 107. Parliaments were in the space of 341. Years. As concerning the years when these Exemplars were first issued to the respective degrees of Nobles before mentioned, they are in this order of time. 15 Edw. 2. This first Exemplar Writ, as I have shown, was to an Earl, and 〈◊〉 was of the Blood, viz. to Edward 〈◊〉 of Chester, Eldest Son to Edw. 2. and ●●●ter King Edw. the 3d. for there was then no Duke in England. 3 Edw. 3. The first Exemplar Writ to a Prince of the Blood, was to the same Earl being then made Prince of Wales. 37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year, though the first Duke in England (distinct from that of Earl, (as Mr. Selden saith) was the Eleventh of Edw. 3d. and then Edward the King's Eldest Son was in Parliament created Duke of Cornwall; (yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when (saith he) he was created Prince of Wales, Duke of Aquitain and Cornwall, which agrees with the Records of the Tower, and therefore I conceive there is some mistake in Mr. Selden) but however the mistake be, the first Exemplar Writ to a Duke was not till this year; for though Edward Prince of Wales was Duke in the Third or Eleventh year of his Father, and Thomas Earl of Norfolk soon after was created Duke of Norfolk, and Henry Earl of Lancaster soon after created Duke of Lancaster, yet they had not any Exemplar Writs as Dukes, but before as Earls; so as John Duke of Lancaster in this Parliament of the 37. Edw. the 3d. was the first Duke which had an Exemplar Writ. 47 Edw. 3. As I have shown the first Exemplar to an Earl of the Blood, so this shows the first Exemplar to an Earl not of the Blood, which was this year to Richard Earl of Arundel; for though there were many Earls before not of the Blood, yet they had only Consimilar Writs, but no Exemplars extant to any of them till this Year. 28 H. 6. And though there were many Dukes not of the Blood since the first Creation of that Title, yet the first Duke not of the Blood who was thought fit to be an Exemplar, was not till this Parliament, and the Predecessor of this Duke was an Earl in Edw. 3ds. time, and even this Duke was Earl in the time of his Predecessors, before any Duke was created. 6 Edw. 6. Though the first Marquis (created in England) was in the 9th. of Rich. 2d. yet none were thought fit to be Exemplars, till this 6. of Edw. the 6th. that William Marquis of Winchester was made the first Exemplar in Parliament of that Dignity, but his Exemplar had the additional Title of Lord Treasurer, who is the second Officer of State. 36 H. 8. Although a Baron is a more ancient Title with us in England, than any of the other Degrees of the Nobles, yet we find no Record now extant, wherein a Baron, singly as Baron, had the Exemplar Writ; for (as I said) Thomas Wriothesly Baron of Tichfield being Chancellor, William Pawlet Baron of Bazing being Lord Keeper, were Exemplars in those Parliaments, and had Consimilars appointed them; but Edward Hyde Baron of Hindon having a distinct Assisting Writ, had not Consimilar allotted him, either in respect of his Barony or Assistancy. Thus we find that Earls, Dukes, Marquesses and Barons have been Exemplars, but we do not find any Viscounts to be so in any Parliament since the creation of that Dignity, which was (as I said) in Hen. 6ths. time to John de Beaumond. And the reason is, because the word Vicecomes doth imply a Consimilar to Comes, so it were improper for Comites to be Consimilars to a Vicecomiti. Concerning the additionals of the Titles to those Nobles mentioned in their Exemplars, it may be observed, That in all those Writs to Hen. the 8ths. time, the words Consanguineo Charissimo Praedilecto Dilecto & Fideli, were not so positively sixth to the several Degrees in their Writs, but since that time they have passed in a more constant method, viz. to Dukes and Marquesses, Praecharissimo Consanguineo; to Earls and Viscounts, Charissimo Consanguineo; to Barons, Praedilecto & Fideli; and to the Lord Chancellor as chief Assistant, Praedilecto & perquam Fideli; but to all the other Assistants, of which I shall speak more, only Dilecto & Fideli. SECT. III. Observations on the Consimilars to the former Exemplars. WHen Princes of the Blood were made Exemplars, there was ever some Prince of the Blood in the Consimilars, and then followed in the same Register in every Clause-Roll or Pawn, the other Dukes, Marquesses, Earls, Viscounts and Barons, without interposition of the Lords Spiritual and Ecclesiastical, to the Princes of the Blood, and the Temporal Lords not of the Blood; so it continued in that method till the 21. of King James, but then the Exemplar (being to the Prince of Wales, and no Consimilar to him, there follows the Exemplar and Consimilars to the Lords Spiritual, (of which I have spoken) and after them follows the particular Writ to John Bishop of Lincoln, as Lord Keeper, and after that, the Exemplar to Lodowick Duke of Richmond, who had one Duke, one Marquis, Thirty eight Earls, nine Viscounts, and Forty seven Chevaliers his Consimilars, and ever since the 21. Jac. there hath been an interposition either of the Lords Spiritual or Lord Chancellor between the Dukes of the Blood and the Nobles that were not of the Blood; and so in the 13 Car. 2. though the Bishops were deprived from that Roll, (as I have shown) yet the Lord Chancellor's Writ did interpose; and it may further be observed, That when Princes or Dukes of the Blood, or not of the Blood, were Exemplars, other Dukes, Marquesses, Earls, Viscounts and Barons were Consimilars; but when Earls were Exemplars, there were no other Consimilars admitted of Degrees above them, but still under them, viz. of Earls, Viscounts and Barons; and yet when the three Dukes beforementioned were made Exemplars, 'tis true the Duke of Suffolk and Oxford had Dukes to their Consimilars, as formerly; (being pari gradu) but the Duke of Norfolk had no Duke to his Consimilar, for he had only four Earls, one Viscount, and Thirty one Barons, of which there is no other precedent that I can find. 2. As to the different Titles of these six Degrees, viz. Princes of the Blood, Dukes, Marquesses, Earls, Viscounts and Barons, of whom I have spoke more in the Fifth Chapter; it is fit to be hinted here, that Prince in English, and Principi in the Latin Writ, Duke and Duci, Marquis and Marchioni, Viscount and Vicecomiti, have little difference in their Orthography; but Comiti in all their Latin Writs, and Earl (which is their general appellation in English) have very great difference; concerning which and the other Degrees I have writ more at large before, and in my Annotations, to which I refer the Reader; and so Baron and Baro have but little variation, yet this may be observed here of this Title Baro, that in all the Consimilar Writs in Clause Rolls or Pawns wherein those of that Degree are enumerated from the 15th. of Edw. 2d. to the 13. of Car. 2. neither the Titles or words Baro, nor of Banerettus are mentioned in the Writs; but either the Articles De or Le or La, or the words Dominus, Miles, Equys Auratus, or Chevalier are added to the Baron's name, viz. Hugo de Spencer, Johanni de Bello Campo, Johanni de St. John de Bazing, Roberto de Monte albo, Johanni de Sancto amando, Willielmo de la Souch de mortuo mare, Nicolao de Cantilupo le Quint, Johanni de Insula de rubro monte, Nicolao de Sancto Mauro, Michaeli de la Pool, (who was then Banneret) Admirallo Maris, Johanni de Mowbray Mariscallo. Petro de malo lacu le Quint, Hugo de le Spencer, Willielmo lafoy Zouch de mortuo mare, Johanni le Strange, Johanni le Shelton, and many more, and some only in their Christian names and Surnames, viz. Richardo Grace, Richardo Talbot, Gulielmo Aincourt, Richardo Percy, Johanni Fitzwater, Radulpho Dacres, yet these were all Barons or Bannerets, though the Title of Baroni was not in their respective Writs. 3. Thus they continued without any other adjuncts to their names (than what I have mentioned) till the first of Richard the Second, and then Willielmo de Morley, Willielmo de Alborough, Hugo de Dacres were writ Chevaliers; (amongst 48. others that were Entitled as before) After, in the 7th. of Rich. the 2d. William Botereaux was brought in, and with the other Three written Chevaliers; and in the second Parliament of that year, that Title of Chevalier increased to three more, viz. Johanni Falsely, Henry le Scroop, and Thomae Camois Chevaliers; so there were then seven Chevaliers in all, the rest of the Barons being then Forty five, were Entitled as before, and so they continued, not exceeding nine Chevaliers, till the third of H. 6. and for that Parliament there were but twenty Barons Summoned, whereof eleven were Styled Chevaliers; and in the fourth of his Reign, all the Barons but two were Styled Chevaliers; and in the sixth year, all the Barons were Styled Chevaliers; and so to the Twenty third, wherein all the Barons were written Chevaliers except Thomas de Scales Miles, (who was then Lord Scalds) and Dominus de Molins, so here came in Dominus for a Baron; and in the Twenty fifth, there were Twenty six Chevaliers, whereof two Styled Milites, and three Domini; in the Twenty seventh Henry Percy is Writ Militi & Domino, and some others, which shows that the words Militi, Domino, and Chevalier, having Writs to Sat in the Lord's House, had one Denotation of a Baron; and in the third of Edw. 4. almost all the Barons are written Domini and Chevaliers jointly, yet in the end of these Consimilars, it is writ in the Record, Milites omnes, except Audley and Clinton, and so in the 3d. of Ed. 4. all are Chevaliers, but in the Postscript is, Equites aurati omnes praeter Dominum Scales, by which must be understood, that all the rest which were Summoned to those Parliaments, and their names not entered in those Rolls, were Milites or Equites Aurati: Except Audley, Clinton, and Scales, which latter in the Record of the 23d. of Hen. 6. before mentioned, is written Miles, which shows there was a distinction then between Miles and Eques Auratus (as may be seen in Mr. Seldens Titles of Honour) and so in the 7th. and 12. 22. and 23d. of Ed. 4. all Chevaliers, but two Milites, which do argue some distinction, though all intended to signify a Baron. Then passing over other Records to the 21. of Hen. 8. all the Barons are styled Chevaliers; but in the 36. Hen. 8. the words Domini, and Chevaliers are mixed, and so they continued to the 28. of Eliz. and then all the Barons are writ Chevaliers, and so have continued to this time singly, with that Title of Chevaliers in all their Writs, without adding Dominus miles, or Eques Auratus. Though the Title of Baro for Baron is not used in these Parliament Writs, no more is Bannerettus or Banneret; yet it is as evident, that as Dominus does signify a Baron, so the word Miles and Chevalier did signify a Knight Banneret, and so I presume it was originally intended. For by comparing the Writ in the 8th. of Rich. 2d. to William Botereaux, with the Writ to him in the 15th. of Rich. 2d. where in one he is called Chevalier, in the other Miles; it may be presumed that the Titles are one and the same, the words Chevalier and Miles being so interchangeably used, and sometimes jointly, yet either being applicable to Denote a Baron or Banneret. 8. This Identity of Chevalier and Banneret, may be evident from the Writ to the Sheriff of Surry (hereafter transcribed) Cited by the Learned Mr. Selden, where Thomas Camois (beforementioned) sometimes Styled Chevalier, sometimes Miles (for brevity omitting Bannerettus (being then Lord Camois or Baron) and being chosen Knight of the Shire for that County to serve in Parliament in the 8th. of Rich. 2. the Sheriff was commanded by this Writ, to make an Election of another Knight for that County, because his place was in the Lords-House as a Banneret; which Writ he sets down in these following words. The Writ to the Sheriff of Surry 8. Rich. the 2d. concerning Thomas Camois Banneret, his being Elected Knight of the Shire. REx Vic' Surr' Salutem Quia ut accepimus tu Thomam Camois Chevalier qui Bannerettus est sicut quam plures Antecessorum suorum extiterint ad essendum unum militem venientium ad proximum Parliamentum nostrum pro Comunitate Comitatus predicti de assensu ejusdem Comitatus Elegisti Nos advertentes quod hujusmodi Banneretti ante haec tempora in militis Comitatus ratione alicujus Parliamenti eligi minime consueverunt ipsum de Officio Militis ad dictum Parliamentum pro Communitate Comitatus predicti ventur' Exonerari volumus Et Ideo tibi precipimus quod quendam alium militem idoneum & discretum gladio cinctum loco ipsius Thomae eligi & eum ad diem & Locum Parliamenti predicti venire facias cum plena & sufficien' potestate ad consentiend'hijs quae in Parliamento predicto fient juxta tenorem primi Brevis nostri tibi pro electione hujusmodi milit' directi & nomen ejus nobis scire facias. Teste Rege apud Westm' octavo die Octobris septimo Regis. 8. R. 2. Accordingly the Parliament did sit the 3d. of March, and Thomas Camois in the Lord's House: but that which Mr. Selden observes in this Writ is, that this is not to be understood of any other Banneret than a Parliament Baron, or a Banneret of that time. The expressing of hujusmodi Bannoretti shows, that it is not meant of all Bannerets, but such only as have the Title, either by inheritance, or in such a kind, that an inheritance might be of it, which is apparent also by the precedent words in the Writ; Bannerettus est sicut quam plures Antecessorum suorum extiterint, for it was never conceived, that the Title of Banneret as it denotes a Knight-Banneret was ever hereditary. However, another Knight for Surry was Chosen; and this Thomas Camois being Lord Thomas Camois, did sit that Parliament in the Lord's House, as his Ancestors had done; for I find, that in the 15th. of Ed. 2d, and 4th. of Ed. 3d. Radulphus Camois was Summoned by Writs, and did sit in those two Parliaments; but I find none in 54 years after, viz. till the 7th. of Rich. 2d. and then that name continued in 37 successive Parliaments, viz. to the 8th. of Hen. 6. as may be seen in the Records. I shall make no further use of this Writ here, than that of the words, Thomas Camois Chevalier qui est Bannerettus, do make it clear, that Banneret was denoted by the word Chevalier, and that that word Chevalier amongst the Lords did show the difference between Banneret and an Ancient or Hereditary Baron. Now in respect it is evident that the Title of Banneret was first brought into use for some meritorious action, in bearing, preserving, or retaking the King's Banner in time of War; whereupon he received the honour of Knight Banneret, and thereupon as an additional honour was also thought worthy to sit amongst the hereditary Barons; and in respect many Martial exploits were about that time done in France (the word Chevalier being borrowed from the French Tongue) came into so great repute, that such as did merit it, did justly Challenge it, and those of less merit did Covet it, and by mere interest and favour obtained it, and so by degrees (as I have formerly shown the word Chevalier upon the account of merit or favour, did swallow up the other Titles; and in process of time, and favour of Kings, it grew to be fixed and hereditary, which was intended at first but Titulary and Temporary, which hath been the fate of most of our Titles of Honour. Thus having dispatched the BreviaClausa, or Close Writs of Summons, to the Lords Spiritual and Temporal before the Parliament is sitting (for these are different from the Writs which are sent out whilst a Parliament is sitting, as will be shown.) I shall proceed to the Brevia aperta or open Writs, commonly called Patents, by which (such as are Created) are enabled to sit there; yet even those Lords, which by their Creations are so privileged, have also Close Writs of Summons sent them pro forma, lest they should fail of their duties for want of intimation, and the Writ is and hath been anciently Closed, lest (as I conceive) the Writ should contain such private matter, or causes of Summons as are not fit to be known by the conveyor of them to their Lordships. CHAP. X. Of Patents of Creation Impowring the Lords Patentees to sit in Parliament. HAving shown the Form of the Close Writs of Summons, Sect. 1. for such as are to sit in the Lord's House, either Ratione sanguinis regalis, or Ratione tenurae, or Ratione Nobilitatis & Honoris, I am now to show how some of these sit there Ratione Creationis (not Exclusive of the others) viz. by virtue of their Open Writs, or Patents of Creation; for though Close Writs of Summoning to a Parliament were thought sufficient to Nobilitate the persons and their Heirs, who had the benefit of them; yet since Tenors and Prescriptions, and Writs only, were not found so safe and convenient, the way of Creation by Patent hath much increased. 2. These Lords Patentees having Writs of Summons, as Memoirs of their Duty to the public, their Patents do not only intile them to sit in Parliament, but direct them where they shall sit, which their Writs of Summons do not express; for the Writs do only appoint a place, and time where and when to meet, but not their distinct places where to sit, both in respect to their own, and to the other degrees of Nobility. 3. These are called Patents of Creation, signifying something which was not before; now it is evident by what I have shown, that there were persons called Dukes, Marquesses, Earls, Viscounts, and Barons, both in Foreign parts, and in this Kingdom, long before those Degrees were Erected by Patent; but till then (as Mr. Selden saith) they were to be esteemed rather Official than Nobilitated Dignities, and therefore it must be understood that the Form of making them Earls, Dukes, etc. by these Letters Patents, were not in use here in England, till Dukes, Marquesses, Earls, etc. did accept of this instrument or Form; and thereupon called Dukes, Earls, etc. by Creation. 4. I find these Patents to be of three sorts. First, of Titles Confirmed (viz. such as were before their Patents.) Secondly, of Titles Revived (viz. which were before, but were extinct for want of Issue, or Escheated to the Crown for Treason, etc. (which often happened in the Barons-wars, and at other times Thirdly, Titles Created or given where none was before. As to the first, viz. of such Titles as were before their Patents of Creation, it appears that Awbry de Vere (as Mr. Cambden saith) had the choice of four Earldoms, viz. Dorset, Wilts, Berks, and Oxfordshire, of which four Shires (there having been Official Earls both in the Saxons, and afterwards in the Normans time) he chose Oxfordshire, which being granted to him by Henry the 1st. it was confirmed to him by Patent of Creation by Hen. the 2d. according to this following Patent. The Patent to Awbry de Vere, Confirming him Earl of Oxford. HEnricus Secundus Rex Angliae & Dux Normaniae & Aquitaniaes & Comes Andigaviae Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciarijs Vicecomitibus Ministris & omnibus Fidelibus suis totius Angliae Franciae & Angliae Salutem. Sciatis me dedisse & concessisse Comiti Comitatus Oxenfordscire ut sit inde Comes quare volo & Firmiter praecipio quop ipse & haeredes sui habeant inde Comitatum suum ita libere & quiet & honorifice sicut aliquis Comitum Angliae liberius & quietius & honorificentius habet Test. 5. H. 2. Attested by the Chancellor, three Earls, and ten others of Quality. Mr. Selden observes, Selden 1. H. p. 539. that this Patent was rather a Consirmation than a Creation; and further saith, that in a Chancerystile, a Creation and Confirmation signify the same; however though the words in the Patent are not Confirmasse, but only Dedisse, and Concessisse, yet I conceive it plainly appears to be a Confirmation from the words in the Patent, viz. habeant inde Comitatum suum, which implies that that County was his before this Confirmatory Creation. The second sort of Creation Patents, are the reviving of a Title which had been before, but lay Dorment as in this following Patent, of Creating Edward called Edward the Black-Prince, Son to Edward the 3d. to be Duke of Cornwall, there being Official Dukes of Cornwall before. The Preamble to the Creation of Edward, Son to Edward the 3d. Duke of Cornwall. EDwardus Dei gratia, Sect. 6.11. Ed. 3. etc. inter caetera Regni insignia illud arbitramur fore potissimum ut ipsum ordinum dignitatum & Ossiciorum distributione, congrue vallatum sanis fulciatur consilijs & robustorum potentijs teneatur, plurimis itaque gradibus haereditarijs in regno nostro cum per descensum haeredetatum secundum legem regni ejusdem ad cohaeredes & participes tunc deficiente exitu, & alijs eventibus varijs ad manus regias devolutis passum est a diu in nominibus honoribus & graduum dignitate defectum multiplicem dictum regnum Nos igitur ea per quae regnum nostrum decorari idemque regnum ac Sancta ejusdem Ecclesiae aliae etiam terrae nostro subjectae Dominio contra hostium & adversariorum conatus securius & decentius defensari paxque nostra inter nostros ubique subditos conservari illaesa poterint meditatione solicita intuentes ac loca ejusdem Regni insignia pristmis insigniri honoribus Cupientes nostrae considerationes intuitus ad personam Dilecti & Fidelis nostri Edwardi Comitis Cestriae filij nostri primogeniti intimius convertentes volentesque personam ejusdem honorare eidem filio nostro nomen & honorem Ducis Cornubiae de Communi assensu & Consilio Praelatorum Comitum Baronum & aliorum de Consilio nostro in presenti Parliamento nostro apud Westmonasterium die Lunae proxime post festum Sancti Matthaei Apostoli proxime preterit' convocato existentium dedimus ipsumque in Ducem Cornubiae prefecimus & Gladio cinximus sicut decet etc. Dedimus itaque etc. Castra etc. juxta generis 〈◊〉 nobilitatem valeat contenere & onera in hac parte incumbentia facilius supportare, viz. ut faciat Vicecomites predicti Comitatus. 7. It is affirmed by our History, that there were Dukes of Cornwall (as I have shown in the British times) but afterwards entitled Earls, but both the Titles of Dukes, and Earls of that County being long extinct, William the 1st. raised it to an Earldom, and after Edward the 3d. Erected it to a Dukedom, and thereupon had a preamble, and this was done also by assent and consent of the Prelates, Earls, Barons, and others of his Council (which I presume doth include the Commons) but it may be observed, that here was no other Investiture mentioned than Gladio cinximus, which is the same Ceremony of a Knight Bachelor; but many great Royalties and privileges were herein granted, as may be seen in the Patent at large. That to the Earl of Oxford needed no preamble, or Consent of the Earls and Commons, or mention of the Form of Investitures, or of particulars of Lands and Castles granted, being only a Confirmation of that honour which he enjoyed; but it was convenient, that this to the Duke of Cornwall should have a preamble, in respect the Title had lain dead for a long time in the Crown, as may be Collected from the words, ad manus Regias devolutis. The like Patent of Reviver, was of the Barony of Abergaveny by Richard the 2d. to John de Beauchamp second Son to the Earl of Warwick, from whom by Marriage of the Daughter and Heir, it came into the Family of the Nevils, where it yet continues; but this was a Barony long before, for in the time of King William the 2d. called Rufus, Hamelius de Balloon was Baron of Abergaveny, and from him it descended to Brian de Jnsula, then to the Bruce's, Cante Lupes, and Hastings, in which last name it continued many descents, till John Hastings then Earl of Pembroke, and Baron of Abergaveny died without Issue; and then as I said, Richard the 2d. Conferred it John Beauchamp according to this following Patent. 6. Richardus Secundus, 11. R. 2. etc. Sciatis quod pro bonis & gratuitis servitijs quae Dilectus & Fidelis Miles noster Johannes de Beauchamp de Holt Senescallus Hospitij nostri nobis impendit ac loco per ipsum tempore creationis nostrae huc usque impenso & quem pro Nobis tenere poterit infuturum in nostris Consiliis & Parliamentis nec non pro nobili & Fideli genere unde descendit ac pro suis magnificis sensu & Circumspectione ipsum Johannem in unum Parium ac Baronum Regni Angliae nostri praefecimus volentes quod idem Johannes & haeredes masculi de corpore suo Exeuntes statum Baronis obtineant ac Domini de Beauchamp & Barones de Kiderminster nuncupentur in cujus rei, etc. Teste, etc. 10. Thus having given instances of Confirming, and Reviving of Titles by Patents of Creation, I shall speak of the third sort of Creating, or Erecting of new Titles by Patent of Creation also. The third sort of Creation Patents, is more properly called a Creation than the other; and for this, I instance the Patent to the Prince of Wales. 11. Ed. the 3d. for though Wales had been an ancient Principality in itself, and their Natives were Princes thereof; and this being the first time that that Title was transferred to an English man, and a Patent granted by an English King which had never been done before; it might properly be called a Creation, the Preamble of the Patent is Transcribed Verbatim; but the Habendum (being very long) I have only given a short abstract of it. The Preamble to the Creation of Edward Prince of Wales. Sect. 11.17. Ed. 3. REx etc. Archiepiscopis etc. salutem de serenitate regalis praeeminentiae velut ex Sole radii sic inferiores prodeunt principatus ut regiae claritatis integritas de Luce Lucem proferens Ex Lucis distributione minoratae Lucis non sentiat detrimenta Immo tanto magis Regale Sceptrum extollitur & Solium Regium sublimatur quanto tribunali suo plures subsunt Proceres eminentiae clarioris Haec autem consideratio condigna Nos qui nominis & honoris Edwardi ducis Cornubiae & Comitis Cestriae primogeniti nostri charissimi incrementum appetimus (in quo potius Nos ipsos conspicimus honorari & domum nostram Regiam & subditum nobis populum nostrum speramus per Dei gratiam sumpta de gloriosis suis auspiciis conjectura honorifice roborari) allicit & inducit ut ipsum qui reputatione juris censetur eadem persona nobiscum digno proveniamus honore & saecunda gratia persequamur de Consilio itaque & Consensu Praelatorum Comitum Baronum & Communitatum Regni nostri Angliae in Generali Parliamento nostro apud Westmonasterium die Lunae in Quindena Pasche proxime praeterita Convocato ipsum Edwardum Principem Walliae fecimus & creavimus & dictum principatum sibi dedimus & concessimus & per Chartam nostram confirmavimus ac ipsum de dicto principatu ut ibidem praeficiendo praesideat & praesidendo dictas partes derigat & defendat per fertum in Capite & annulum in digito aureum ac virgam argenteam investivimus juxta morem, habend'& tenend'de nobis sibi & haeredibus suis Regibus Angliae in perpetuum cum omnibus Dominijs & terris nostris Northwalliae Westwalliae & Southwalliae, etc. The like was in Richard the 2ds. time, when the Earldom or County of Lancashire was Erected into a Duchy Palatine, which was not so before, the Preamble of which Patent, I shall here insert; aswell to show the Latin Style of the Age, as for other reasons, which I shall hereafter have occasion to mention. The Patent of Creation to John Duke of Lancaster. Anno 1389. INter Gloriosae Reipublicae curas & sollicitudines varias. Sect. 12.13. R. 2. Regiis humeris incumbentes firmat potissime Regale solium effluens á justitia condigna premiatio merritorum ibinamque continue virtus crescit & colitur ubi a debito sibi praemio non frustratur. Cum igitur honor sit virtutis praemium constat quod virtuosis & strenuis ex Regali justitia debentur fasces honorum & praemia dignitatum quae utique si dignis conferantur non debent simpliciter aestimari donum seu exhibitio favorum sed potius debita compensatio meritorum Quid enim in retroactis saeculis & fesicium Principum temporibus Rempublicam amplius provexisse comperimusquam quod pie regnantes virtuosos & strenuos sub se habebant oneris ijs injuncti participes, quos postmodum juxta Exigentiam meritorum honore & distributionibus dignitatum successive fecerunt ex debito Regalis Justitiae gloriosos. Quia quod soli non poterant, provida virtuosorum hujusmodi provisione supplebant. Hijs igitur considerationibus inducti ad te praecharissimum patruum nostrum mentis nostrae aciem dirigentes actusque tuos virtuosos & praeclaria merita quibus te virtutum Dominus insignivit in profundae discussionis liberamine ponderantes, de assensu Prelatorum Ducum Magnatum & aliorum Procerum & Communitatis Regni nostri Angliae in instanti Parliamento nostro apud Westmonasterium convocato existentium Te predilectissimum patruum nostrum in Ducem Aquitaniae cum titulo stilo & nomine & honore eidem debitis praefecimus ac inde praesentialiter per appositionem Capae tuo Capiti ac traditionem virgae aureae investimus in praemium eximiae virtutis tuae & attinentiae predictarum toto vitae tuae possidendum, etc. Et, etc. Donamus tibi Ducatum, etc. tenendum de nobis ut de Rege Franciae, etc. ad totum vitae tuae. Here was a great Merit expressed, and magnificently rewarded, yet not to his Heirs, but to himself only for life, which he took as a sufficient Recompense for his Services; and this was Assensu & consensu Praelatorum Ducum Magnat'. Et aliorum Procerum & Communitatis Regni nostri Angliae. And I observe, That when the Patents were only for Confirmation, the Assent and Consent of the Parliament was not inserted, but where they were to Revive, or merely to Create, than the Assent and Consent was expressed. The like Patent of mere Creation was that of the Ninth of Richard the Second, when Robert de Vere, than Earl of Oxford, was Created Marquis of Dublin; (which, saith Mr. Selden, was in him an English Title:) however, it was the first that any was Created of that Title here in England. And also the like Patent of mere Creation was that of 18 H. 6. whereby John de Beaumount was created Viscount de Beaumount, the Title of Viscount being before an Official Dignity, but never till this Creation nobilitated. All which may be more fully seen in the Rolls Chapel, or Patent Office. 13. As I have shown three sorts of Patents of Creation, so, for the clearing of some subsequent matters, I must show, That these Patents usually consisted of four parts, (yet subject to variations) First, The King's Style and Preamble. Secondly, Of Investitures. Thirdly, Of Places in Parliament. Fourthly, Grants of Lands, Annuities, etc. As to the Preambles upon New Creations or Revivals, they were usually long, expressing the Merits of the Person, but commonly they were couched in few words; and those, viz. in generals, Pro bono & laudabili servitio quod dilectus & fidelis noster A. B. nobis nuper impendit, etc. particularly Pro rebelles nostros debellando, (according to the particular Services) and in others, Progratia nostra speciali & certa scientia & mero motu. As for the Second I shall have occasion to speak of them in the Chapter of Investitures. For the Fourth, concerning Grants, Annuities, etc. I shall have little use of them. But for the Third, concerning The distinct Places of the Degrees of Nobles, I can find nothing in ancient Patents, but generals, viz. That his place should be in loco quem teneri poterit in futurum in nostris Consilijs & Parliamentis; and so they were generally set down (except in such as I shall mention) till Edward the Sixth's time (which was soon after that the Act of 31 H. 8. concerning Precedencies was made) and then the whole frame of the Patents for all the Degrees, from the Habend ' or Sciatis, were settled in this following Method, and have ever since so continued with very little alterations. I begin first with Dukes. The Sciatis to a Duke's Patent of Creation, and his Place in Parliament. 14. SCiatis pro consideratione praedicta de ulteriori gratia nostra speciali ac ex certa scientia & mero motu nostris Praefatum A. in Ducem C. nec non ad statum, gradum, stilum, titulum, dignitatem, nomen & honorem Ducis C. ereximus, praefecimus, insignivimus, constituimus & creavimus ipsumque A. in Ducem C. nec non ad statum, gradum, stilum, titulum, dignitatem, nomen & honorem Ducis C. tenore praesentium erigimus praeficimus insignimus constituimus & creavimus per praesentes eidemque A. nomen, stilum, titulum, statum, gradum, dignitatem & honorem Ducis C. imposuimus dedimus & praebuimus ac per praesentes imponumus damus & praebemus ac ipsum A. hujusmodi nomine stilo, titulo, statu, gradu, dignitate & honore Ducis (per Gladij Cincturum, Capae & Circuli aurei impositionem in Capite & traditionem aureae virgae) insignimus investimus & realiter nobilitamus per praesentes. Habend'& tenend'nomen stilum, titulum, statum, gradum, dignitatem & honorem Ducis C. praedict' cum omnibus singulis praeeminentijs, honoribus, caeterisque hujumodi nomini, stilo, titulo, statui, gradui, dignitati & honori Ducis pertinentibus sive spectantibus prefat' A. & heredibus masculis de Corpore suo exeuntibus in perpetuum Volentes & per presentes concedentes pro nobis heredibus & successoribus nostris quod predictus A. & heredes sui Masculi predicti nomen, stilum, titulum, statum, gradum, dignitatem & honorem predict' successive gerant & habeant & eorum quilibet gerat & habeat & per nomen Ducis C. successive vocitenter & nuncupenter & eorum quilibet vocitetur & nuncupetur, & quod idem A. & heredes Masculi sui predicti, successive ut Duces C. teneantur tractentur & reputentur, et eorum quilibet teneatur tractetur et reputetur habeantque teneant et possideant, etc. (Then as to Parliaments,) Et quod dictus A. et heredes sui Masculi predicti et eorum quilibet habeat teneat et possideat Sedem locum et vocem in Parliamentis Comitijs et Consilijs nostris heredum et successor' nostror' infra regnum nostrum Angliae ut Dux C. Nec non dictus A. et heredes sui Masculi predicti gaudeant & utantur et eorum quilibet gaudeat et utatur per nomen Ducis C. omnibus et singulis juribus privilegijs praeeminentijs et immunitatibus statui Ducis in omibus rite et de jure pertinentibus quibus Duces hujus Regni Angl'antea haec tempor' melius, honorificentius et quietius usu sunt et gavisi seu in presenti gaudeant et utuntur. There is an addition of most of the latter Patents concerning Annuities granted, which I shall speak of so soon as I have recited so much as concern the Places appointed to the several Degrees of Nobles to sit in Parliament suitable to what is inserted in the Duke's Patent at the Figure B. Of the Marquis his Place in Parliament by his Patent. 15. AFter the King's Title and Preamble, in the Sciatis, these words are in the Marquis his Patent: viz. Prefat' R. in Marchionem D. creavimus, etc. per Gladij cincturam & circuli aurei quo Capiti impositionem investivimus, etc. Habendum, etc. honorem Marchionis D. etc. prefat' R. & heredibus masculis de corpore suo exeuntibus, etc. (Then as to Parliaments,) Et quod dictus R. & heredes sui masculi predicti & eorum quilibet habeat teneat & possideat sedem locum & vocem in Parliamentis Comitijs & Consilijs nostris heredum & successorum nostrorum infra Regnum nostrum Angliae, inter Pares Parliament' in gradu celsiori videl't inter Deuces & Comites ut Marchio. Of the Earls Place in Parliament by his Patent. 16. AFter the King's Title and the Preamble in the Sciatis, these words are also in the Earls Patents, viz. Prefat' N. in Comitem A. etc. creavimus per gladij cincturam & Capae honoris & Circuli aurei impositionem investimus Habendum, etc. honorem Comitis A. etc. prefat' N. & heredibus masculis de Corpore suo exeuntibus, etc. (Then as to Parliaments,) Et quod dictus N. & heredes sui Masculi predicti & eorum quilibet habeat teneat & possideat sedem locum & vocem in Parliamentis & Consilijs nostris heredum & successorum nostrorum infra regnum nostrum Angl'inter alios Comites ut Comes A. Note, It is not here said inter Marchiones & Vicecomites, because they were Degrees erected after the Earls. Of the Viscounts Place in Parliament by his Patent. 17. AFter the King's Title and the Preamble, and the Sciatis, these words are also in the Viscounts Patents, viz. Prefat' A. in Vicecomit●m N. etc. creavimus ac ipsum insignijs Vicecomitis investimus, etc. Habendum, etc. honorem Vicecomitis N. etc. Et quod idem A. & heredes sui Masculi gerant titulum Vicecomitis N. etc. Et heredes sui Masculi predicti. (Then as to Parliaments,) Et eorum quilibet habeat teneat & possideat successive sedem locum & vocem in Parliamentis & publicis Comitijs (in the first Patent to Beaumond it is Congregationibus nostris) heredum & successorum nostrorum infra Regnum nostrum Angliae inter alios Vicecomites & ante omnes Barones ut Vicecomes. Of the Barons Place in Parliament by his Patent. 18. AFter the King's Title and the Preamble in the Sciatis, these words are in the Baron's Patent, Prefat' A. B. etc. ad honorem Baronis B. etc. creavimus ipsumque A. B. Baronem B. Creavimus, etc. (not mention of Investitures) Habendum, etc. honorem A. B. heredibus suis Masculis, etc. per nomen Baronis B. de C. & heredes sui Masculi predicti. (Then as to Parliaments) Et eorum quilibet habeat teneat & possideat sedem locum & vocem in Parliamentis publicis Comitijs & Concilijs nostris heredum & successorum nostrorum infra Regnum nostrum Angliae inter alios Barones ut Barones Parliamentorum publicorum Comitiorum & Consiliorum. Note, That the word Chevalier is in his Writ, but not in his Patent, nor the word Dominus, which was used in ancient Patents, is also disused in the latter Patents. Of the Conciseness of ancient Patents. 19 HEre I must observe how wanton the Penmen of these Patents have been in latter days, by multiplying words in them, which former ages thought superfluous, and even the Sages of the Law, who are the most knowing in what is sufficient, have anciently and do still reject them (as may be seen in the Thirteenth Chapter) and yet the Jurisdiction and Privileges which are granted to those Sages are little inferior to what is granted in these, whereas those Patents do not contain (besides the names from the Sciatis to the Teste) above twelve words, and these by the redundancy of Sentences, at least one Thousand two Hundred words. Of Creation-Money. 20. IN the recital of the Sciatis (in Sect. 8.) I did omit the extravagant slourishes, which are used in many of these Patents about Creation-Money and Annuities given to the Patentees. Concerning an Annuity of twenty Marks granted in the Patent of Creation. 21. IMmediately after the words gaudent and utuntur (in the Sciatis at large, a little before mentioned) these words follow: viz. Et quoniam aucta status & dignitatis celsitudine necessario crescunt sumptus & accedunt onera grandiora: ut predictus A. & heredes masculi sui predicti melius decentius & honorificentius statum honorem & dignitatem predictam Vicecomiti N. ac Onera ipsi A. & heredibus suis masculis predictis incumbentia manutenere & supportare valeat, Ideo de uberiori gratia nostra dedimus & concessimus eidem A. & heredibus masculis de Corpore exeuntibus feodum sive annualem redditum tresdecim librarum sex solidorum & octo denariorum legalis monet' Angliae. Habendum & percipiendum annuatim dictum feodum sive annualem redditum tresdecim librarum sex solidorum & octo denariorum eidem A. & heredibus suis masculis de Corpore Exeuntibus de exitibus profituis, et reventionibus magnae & parvae custumae et subsidijs nostris nobis concessis sive debitis seu imposterum nobis heredibus seu successoribus nostris concedendis sive debendis provenientibus crescentibus sive emergentibus infra portum Civitatis nostrae Londini per manus Custumariorum sive Collectorum nostrorum heredum et successorum nostrorum custumarumet subsidiorum nostrorum heredum et successorum nostrorum ibidem pro tempore existentium ad festum Pasche et Sancti Michaelis Archangeli per equales portiones volumus, etc. absque fine hanaperio, etc. et quod Expressamentio, etc. and so concludes, in cujus, etc. Teste, etc. (too tedious to recite) making above one Hundred words more: and almost the like is to an Earl for 20 l. per annum, so as the Money given will scarce pay for the words written, or but little left to support such a Dignity, unless the mere expression of the uberious munificence of the Donor be sufficient. Sure it was less chargeable, and as effectual when the words of the whole Patent of Creating the Earl of Essex, tempore H. 2. and others in other King's Reigns was only thus: viz. Do & concedo G. de M. pro servitio suo, & heredibus suis post eum hereditabiliter ut sit Comes de Essexia, & habeat tertium denariorum Vicecomitatus de placitis, sicut Comes habere debet in Comitatu suo. So here was both the Honour, the Service, and the Reward mentioned in less than thirty words. There is nothing alleged for the length of these Patents, but that the latter Ages (as 'tis said) are more cautious than the former, and that abundans cautela (say we) non nocet, which occasions an abundance of words more than anciently were in use. As to the sinalness of the Creation-Money, those who have taken pains in Writing about raising of the price of Money, both Gold and Silver, since Edward the Third's time, tell us, That there are three ways of raising it; First, By increasing the Value of it, that is by giving more parts to it than originally it had, as by ordaining an Angel of Gold to be valued at a 11 s. which was Coined for 10 s. or a Shilling, to be valued at 14 d. The Second, By diminishing the Matter, but leaving the same Name and Value to the Money which it had before, as when Angels or Shillings are Coined by the same Name and Value as before, but diminished some Grains in the weight; or if new Names be given to them, and the same Value retained, but the weight diminished, for in this case there being really less Gold or Silver in weight in the price than was before, and the value remaining the same, this Silver and Gold which remains hath an high price set upon it. The Third is, When the Value remaining the same, of the Species of Money, and the Weight the same, the fineness is abated by putting more Alloy to it, so as really then there is less Gold or Silver in fineness (for it is supplied by Copper (which is usually the Alloy to either) whereby the Weight is made the same as before, but the Fineness so much less. They further tell us, That the Causes of these Allays, are first the Gain which the States make by it, the better to supply themselves in their necessities for Money; the other 'Cause is an Art which all States do frequently use (as it were) to rob one another of their Money, by vying one upon another, who shall raise their Money highest; and this occasions the raise and fall of Exchanges of Money among our Merchants, which is a Mystery worth the knowing, by every one that serves in Parliament, thereby to prevent Injuries, and to maintain the Honour and Profit of our Kingdom. But whatever uncertainties are in the raise or fall of Money, this is certain, That 20 l. per Annum, in those days, did go as far (if not farther) in managing men's occasions (where Money was to be used) as 200 l. per Annum now; and one great Reason was, Because in almost all matters of Wars or Peace, the Tenants were obliged by their Tenors, to supply their Lords, especially in Provisions for Hospitality and Labour, without Wages, or very little, so as a little Money was looked on as a great Reward, as may be seen in the Tenure of the Lord of the Manor of Carlton in Norfolk, who is obliged every year, with himself and his Servants, to present to the King a certain number of Herrings from the City of Norwich, (with which the Town of Tarmouth are obliged by their Patent to supply that City for that purpose) and after three days stay, upon delivery of the Herrings to the King, the Lord of Carlton is to be presented by the Master of the Green-Cloth with a Groat, to buy him a pair of Gloves, as a full Recompense of his Trouble, and this continues to this day. So as if we look upon the gift of 20 Mark, or 20 l. according to the present Adequation of Money, to the rates of other things, it may seem a Sum derogatory to the Honour of the King that gives it, as to him that receives it, and therefore it must be considered as the Groat, a Gift of Antiquity, Noble and Liberal in its first Intention; but had the large Encomium to it (before recited) been as ancient as the Gift, I should not at this time have taken notice of its exuberancy. However (in pursuance of my Design) these Patents of Creations do entitle them where to sit in the Lord's House, etc. Thus having done with the Patents which concern the Lords Spiritual and Temporal, I intended to have writ something here concerning the Antiquity and present Use of Seals and Labels to Patents and Writs, and of various Superscriptions to the Lords and Commons, etc. as also of Wax, Parchment, etc. (as necessary Utensils for carrying on the Constitution of a Parliament) but I shall reserve the Discourse of them till I have passed through the Parliament-Writs, as well concerning the House of Lords as House of Commons, and Convocation-Houses, and so now proceed to the General Titles given to the Grandees of the House of Lords, viz. Nobles, Lords, and Peers. CHAP. XI. Of Nobles, Lords, and Peers. I Have passed through the four first Exemplar Writs in the Pawn, concerning the Lords Spiritual and Lords Temporal, and given an account also of so much of their Patents of Creations as relate to Parliaments. But in respect these Nobles are sometimes called Lords, and sometimes Peers, and thereupon the very place where they sit in their High Judicatory is called the House of Lords or House of Peers. I think fit to hint some few Memorials before I proceed to the Fifth Exemplar of Assistant Writs. 1. It is agreed by all Inspectors of Words, that Lords and Peers are of the same signification with us, that Domini and Pares had with the old Romans, so as we and the French are equally beholding to the Latin for them: but when the word Dominus was changed into the word Lord, (having no more affinity of sound or Orthography than Comes and Earl) or when Pares into Proceres (of a nearer sound) may be a question, but it may be sufficiently evident, that the word Lord was the Abbreviation of Loverd, which the Saxons at their first coming, about the year 448. used here instead of Dominus. 2. As for the word Peer, we commonly use it as signifying a Defence, as Dover-Peer and Yarmouth-Peer, etc. which is from Petra, a Rock, which the French write Pierre, and we Peer, these Artificial Peers being made in imitation of Rocks, to defend the Land against Inundations, and it may very aptly allude to the Noble Peers in Parliament, who are the Rocks or Peers of our Safety. 3. To pass this, it is allowed, That Pares in Latin, Pairs in French, and Peers in our English Dialect, are all three words of the same sense, signifying Parity or Equality, and as the French had it from the Romans, by whom they were called Pares Curiae, viz. Qui ab eodem domino feudum retinent, so we had it from the French, who in the year 778. when Charles the Great (being then King of France, and soon after Emperor of the West) did put all the Government of France into the hands of Twelve of the most eminent Nobles, who thereupon were called by the Title of the Twelve Peers of France, being Pares Gubernatores Franciae, or in their Language Pairs d'France, whereof six were Lords Spiritual, viz. the Archbishop of Reims, the Bishops of Laon and Langres, (who also were styled Dukes) the Bishops of Beauvois, Chalois and Nôyon, which three latter were also styled Comtes or Earls, and six were Lords Temporal, viz. the Duke of Burgundy, Normandy, and Guienne, the Earls of Flanders, Champagne, and Tholose; the six ecclesiastics do continue to this day, but the Territories of the other six being either united to, or alienated from the Crown, do now consist of such Princes of the Blood or Favourites (without limitation by number of six) as the King thinks fit; but those who are, do enjoy the Privileges of the Original Peers constituted by Charles the Great. 4. From this Constitution it is conceived, we in England, (upon the Normans coming) did make use of something of that method, and did then also first make use of the word Peers, although in truth, as I said, both of us had it from the Romans; we also made use of their number Twelve, as may be observed in the Ecclesiastical Parliamentary Degrees, viz. first Archbishops, secondly Bishops, thirdly Archdeacon's, fourthly Deans of Chapters, fifthly Proctors of Chapters, and sixthly Proctors of the Clergy; and six also are of the Temporal Degrees, viz. first Princes of the Blood, secondly Dukes not of the Blood, thirdly Marquesses, fourthly Earls, fifthly Viscounts, and sixthly Barons. These being so proportioned into twelve Degrees, but not into twelve Persons, I shall pass to what others have spoken concerning the number of our Peers. 5. In respect the Peers of France were anciently confined to a certain number of six and six, some of our English Writers would also confine ours to a certain number, some to five and some to fifty. But herein we may trust that learned Selden, who saith, That the number of Peers with us, was never confined to any more certainty than the Lords of the Parliament are; for (saith he) whereas only the number of five Peers are mentioned in some Records, that can be no Rule of certainty; because at this day the number Five doth legally express Seven; (as it doth in the Parliament Writ to the Warden of the Cingqueports or five Ports; There being in truth (saith he) Seven of them, and so consequently returned; whereas there are eight Ports called Cinqueports, and so returned; (as will be shown in the second Part) but however the mistake be in that Grave Author, yet with submission to his great Learning, I conceive this might have been better reconciled: for the old Writers who mentioned five, might intent the five Degrees of Nobility under the Princes of the Blood, viz. Dukes, Marquesses, Earls, Viscounts and Barons, which makes the complete Temporal Degrees in Parliaments. And what others writ of Fifty, that number without doubt did relate to the number of which those five Degrees did in those days consist; which were now increased to Eighty eight, (as may be seen in this Pawn) besides those of the Blood Royal, and the Lords Spiritual, and Assistants, and have varied in number almost in every King's Reign. But I rather believe, that there was some mistake in making use of this number Five, by applying it Personally and not Virtually; for anciently, and even to this day, the number five, that is five Lords, do with that number Constitute the House of Lords for the dispatch of lesser Affairs, till a greater number come, fit for greater Affairs; and so the number of forty Members, whether Knights, Citizens, or Burgesses, or some of either, do Constitute an House of Commons, yet these also do not proceed to weightier matters, till they be supplied with a greater number; so as the number five may be well thought to have its relation to the House of Lords, and the number of fifty to the House of Commons. 6. But not to insist further about the definite number of Lords or Peers, or about the derivation of the words Lords and Peers; I shall give a touch of the words Praelati, Magnates and Proceres used in the Latin Writs and Patents; and herein, if we consider the first Institution of this House, it did and still doth consist of Lords Spiritual and Lords Temporal, (diversified into several Degrees) as Archbishops, Dukes, etc. yet the Lords Spiritual were known only by the Title Archiepiscopi & Episcopi, i. e. Archbishops and Bishops; and the Temporal only by the Titles of Comites and Barones, i e. Earls and Barons; in general terms the Lords Spiritual were called Praelati, i. e. Prelates; (in relation to matters which concern the Soul, which hath preference or prelation to that of the Body) and the Lords Temporal were called in general Magnates & Proceres, i. e. Lords and Peers, (intimating Persons of the greatest Power and Domination) and being the chiefest Peers and Supports (as I said) of the King and Kingdom. 7. But in Henry the thirds time, certain Persons called Abbots and Priors, (who were the Fathers, Heads and chief Governors of Monasteries, or of such Houses as were possessed by Monks and Canons living in those Houses, with an intent or pretence of weaning themselves from the World, and disposing their minds to a contemplative life) and these being of a mixed nature, partly Regular and partly Secular, and (in respect of their great access of Territories given by the charity of others to support them) Baronial did step in between the Lords Spiritual and the Lords Temporal, and so were called Praelati with the Bishops, and Magnates & Proceres with the Lords Temporal. But Hen. the Eighth (as I have shown) did dissolve them, so that the Bishops have owe the single Title of Praelati; and the Temporal Lords, of Magnates & Proceres, for we see in the Summoning of this Parliament, (when Bishops were excluded, the words Cum Praelatis was left out, but being restored, than they were equally Summoned to sit, inter Praelatos, Magnates & Proceres, and the preposition Inter, is properly inserted; for however their sitting is, yet the Bishops are called over, between Viscounts and Barons. 8. Now as Abbots and Priors were thus interposed in Henry the Thirds time; so in the time of Edw. the Third (as I have shown) Dukes began, and as they increased, did step in before Earls and Barons; and in Rich. the Seconds time Marquesses began, and as they increased also stepped in between Dukes and Earls; and in Hen. the 6ths. time Viscounts begun, and as they increased did step in between Earls and Barons; so as Originally, according to the dates of their Admissions, these Lords Spiritual and Temporal were all Peers, i. e. Pares, pari gradu, the Bishops were Pares inter seipsos pari gradu Episcopali, (the Abbots, etc. in their time, were Pares inter seipsos, and both of those Degrees were also Pares upon a Baronial account; (so the Dukes and Marquesses being Earls or Barons before they were created Dukes or Marquesses, in respect of their Earldoms or Baronies were Peers to the Earls and Barons; and the Viscounts also, (most of them being Barons before they were created Viscounts) in respect of their Baronies were Peers also to the Barons; so also upon a Baronial account they were Pares pari gradu Baroniali: Till Patents of Creation did more exactly distinguish them, without relation to Baronies; so as now to speak properly, each Degree are Pares or Prees to their distinct Degrees. 9 I must here again make use of my former observation, viz. That in the Writs to Dukes they were Summoned to be present in Parliament, Cum Magnatibus & Proceribus; and so are the Marquesses, Earls, Viscounts and Barons, yet the Patents to the Dukes do place them inter Proceres & Magnates, putting Proceres or Peers before Magnates or Lords; and in the Patents to Marquesses, they are placed inter alios Marchiones; and the Earls inter alios Comites; and the Viscounts inter alios Vicecomites; and the Barons inter alios Barones. But none of the Lords Patentees (except the Dukes in relation to their places) do take any notice of the position of the words inter Proceres & Magnates; for the Earls and Barons Patents have reference only to their own Degrees and not to the three other Degrees; so as Proceres or Peers is applied only to the Dukes in their Patents of Creation. 10. This is all that I can satisfy myself in concerning the use of the words Lords and Peers, Praelati, Magnates, & Proceres; and that this may be the more satisfactory to others, I shall recite the words of the learned Selden, (in his Titles of Honour) whose lasting Credit is beyond exception; (saith he,) Though there be a distinction of Degrees in our Nobility, yet in all public actions they are Peers or Equals; (as in the Trials of Noblemen, etc. in which the Spiritual Lords never did or do concern themselves Personally, because it is against their Canons to act in any matters which relate to Blood) yet whatever Acts pass, these words are inserted, viz. We the Lords Spiritual and Temporal, etc. with the King's Assent, etc. for though the Lords Spiritual consist of Archbishops and Bishops, and the Lords Temporal of Princes of the Blood, Dukes, Marquesses, Earls, Viscounts and Barons, yet they are all included as Peers in the words Lords Spiritual and Temporal, and so in many cases the word Peers is also generally applied; so that, as the words Lords and Peers have been of latter times intermixedly used, we cannot well make a difference between them otherwise than is before expressed. 11. That the words Lords and Peers have been used promiscuously, in relation to the five Degrees of the Lords Temporal, is evident from the Commissions issued for the Trials of the Earl of Strafford, 1640. the Lord Morley, Anno 1665. the Lord Cornwallis, Anno 1676. the Earl of Pembroke, Anno 1678. wherein the words are, Damus autem Vniversis & singulis Ducibus, Marchionibus, Comitibus, Vicecomitibus & Baronibus, etc. (without mentioning Praelatis, for reasons before mentioned) and though the Earl of Strafford and Earl of Pembroke were Earls, yet by the Commission they were triable, per Barones, Viceomites, Comites Marchiones, & Deuces, and not by Earls only; and so though the Lord Morley and Lord Cornwallis were only Barons, yet they were triable by Dukes, Marquesses, Earls and Viscounts, and not by Barons only, whereby the word Peers seems to be a word of eminency, giving no real distinction to those five Degrees of Nobility; so as all the Degrees of the Temporal Lords are Peers, and the Peers Lords; to confirm this, I shall cite one passage more from Mr. Selden, who saith, That though we borrowed the word Peers from the twelve Peers in France, yet here we apply it to all the Lords in Parliament, and not to any set number of them; because (saith he) the number of our Nobles may be more or less, as the King pleaseth: and as Marquesses and Viscounts were (as I said) interposed to Dukes, Earls and Barons, so he may abstract less, or add more, as he thinks most fit, for the support of Nobility, for he is Dominus Nobilitatis & Honoris, or the Fountain of Honour; and that this Prerogative may be more fully seen herein, in the 21. of Jacobi (it being needless to quote former precedents) five several Writs were issued after the Pawn was settled; yet entered in the Margin of the Pawn for that year, to five several persons, viz. to the Lord Grandison, Sir Robert Chichester, Sir John Sucklin, Knight, comptroller of the King's House, to Sir Thomas Edmunds, Knight, Treasurer of the King's Household, and to Sir Richard Weston, Knight, Chancellor of the Exchequer, to summon and empower them to sit in the Lord's House, who otherwise had no right of Tenure, Prescription or Creation. So in the first of Caroli primi, six several Writs were issued (and also entered in the Margin of the Pawn for that year) viz. to Oliver Lord St. John, and again to Sir Thomas Edmunds, Sir John Sucklin, Sir Richard Weston, and to Sir Robert Nanton, Knight, one of the King's Privy-Council, and to Sir Humphrey May, Chancellor of the Duchy of Lancaster; and so in 15 Car. primi, two Writs were issued and also entered in the Margin of the Pawn for that year, viz. to Charles Viscount Wilmot, of the King's Privy-Council, and to Edward Newburgh, Knight, then Chancellor of the Duchy of Lancaster, and also of the King's Privy-Council. 12. To sum up all, I apprehend, That those Lords Spiritual which are summoned by Writ to sit in Parliament are Vital Peers, and the Lords Temporal so summoned are hereditary Peers, for there are other English Lords, which may be, but are not summoned, and thereby are no Parliament Peers, yet are Lords, and upon an hereditary account also; for the King (as I said) can summon or not summon any of them when he thinks fit, unless any Lord claims a right by Patent of Creation, or otherwise, and then upon that right he demands his Writ, and it is seldom denied, if the grounds of their demands be right, if dubious, the Case is debated in the Lord's House, as in the Case of the Lord Abergaveny, etc. Some are of opinion, That the Lords Temporal are only to be accounted Peers, and not the Lords Spiritual, first, Because they sit there rather by their Writs of Summons than Tenors, as anciently they did; secondly, Their Titles of Lord is but vital at most; thirdly, In case of Treason or Felony committed by a Spiritual Lord or Lord Temporal, the manner of trying them upon Indictment and Judgement upon Conviction are clearly different, as will be shown in the Chapter of Trial by Peers. 13. Notwithstanding these Allegations, it is evident, That the Lords Spiritual are Pares or Peers, but inter seipsos gradu Episcopali & vitali, but not Pares to the Temporal Lords, who are Pares gradu haereditario Nobilitatis & honoris, either Descendent or Created, so that though all the Lords in the Lord's House may be said to be Peers, yet the Lords Temporal being in gradu celsior is Nobilitatis, are more properly to be accounted so than any other Degree; in respect that as their Interest is greater than any other Degree, so they cannot be said to be Pares to any lesser than themselves, and therefore it may aptly be said, that none but such Dukes, Marquesses, Earls, Viscounts, and Barons as are summoned by Writ to sit in Parliament, are to be accounted Peers of the Realm, or of Parliament. All other Degrees of Nobility, or Degrees under these five Degrees, are only Pares sui cujusque ordinis, and not Pares Regni, and so the House of Commons, in time of Parliament, are Pares minoris Nobilitatis, and the Lords of the Lords House, Pares majoris Nobilitatis. The next subject that I am guided to treat of, is concerning Proxees to the Lords Spiritual and Temporal, which may be made either of Lords or Peers, or of neither Lords nor Peers, yet by this Proximation are, pro hac vice, nobilitated. CHAP. XII. Of Proxees. I Am now to speak of such as are substituted by the Lords Spiritual or Lords Temporal, to sit in the Lord's House, and these are called by the name of Proxees. 1. The Latin word for Proxee is Procurator, which is sometimes Englished Proxee, and sometimes Proctor, according to the Employment of the Person to whom it is applied. Proxee in a Parliamentary sense is constantly applied to such a Deputy or Substitute as is chosen by any Lord Spiritual or Lord Temporal (by Licence first had from the King, in case of just occasion alleged for absence) to supply his Deputy in the Lord's House, and thereupon his Vote to be as significant to all purposes, as if the absent Lord were present; and therefore the word Proxee may well be thought to be only the Tachygraphy or short writing of Proxime, signifying the next in Judgement, Opinion, Degree, or Quality to the Lord who chooseth him for his Proxee. But Proctor, which is the most literal abbreviation of Procurator, hath several applications, first to such as are in some sort a Limb or Branch of Parliaments, viz. such as are chosen by the Chapters and Clergy, together with Archdeacon's and Deans, to represent the whole Clergy, as Knights, Citizens and Burgesses do the Laity or whole Commons of England; but these are more usually called Representatives, the other constantly Proctors, both being deputed by distinct Degrees to distinct Purposes, as will be more fully shown. Secondly, There are also Proctors for the two Universities of Cambridge and Oxford. And Thirdly, Proctors of Ecclesiastical Courts, which have no other relation to Parliaments than according as they are concerned in Elections. The Proxees which are admitted to the Lords House are like those in the old Roman Empire, called Procuratores Caesaris, (which were the chief of four sorts of Procuratores amongst them) because that first and chief of the four were only employed ad Res publicas administrandas, (the other three for lesser matters) and so the Proxees of the Lords House being the chief of all other Proxees, are to be esteemed Publicarum rerum administratores, as fully as the absent Lords (except in some particulars as to Place, Continuance, etc.) 2 These Noble Proxees are (as I said) lincensed by the King, upon the Petition or Request of some Lord Spiritual or Lord Temporal, and are not usually made of Strangers, (who are not Members of the Lords House) nor of the Assistants of that House. When the absent Lords occasions of absence have not been just, or his absence inconvenient to the Public, the King hath often denied to Licence their Proxees; but when the Allegations have been just, the Proxee hath been sometimes allowed without the King's Licence. Sometimes it hath been allowed to the absent Lord, to make a Proxee of such a person as is otherwise incapacitated to sit in the Lord's House, (for by this he is nobilitated) but there hath been none such allowed in this Parliament. 3. Generally the absent Lord doth six upon such a Lord as (I said) doth sit in the Lord's House, by his own Right and Writ of Summons, whereby the Proxee-sitting Lord hath a double Voice, one for himself, the other for the absent Lord to whom he is Proxee. 4. These Noble Proxees are made sometimes before the sitting of a Parliament, (after the Writs are issued) and sometimes in the time of their sitting, and their Deputations both before and after the sitting have several Forms, as will be shown. 5. In former times the Lords Spiritual had the privilege to make two or three Proxees, but since the dissolution of Abbeys, and that Abbots, etc. were excluded, no Proxor, or absent Lord, doth make but one Proxee. 6. The Licenses for Proxees (as I said) were granted by the King, upon the absent Lords Petition; which Petition from Edward the Third's time was in this Form: Serenissimo Principi Domino Edwardo Dei gratia Regi Angliae, Franciae & Hiberniae Domino, etc. Quia impedimentis varijs & arduis negotijs, etc. sumus multipliciter impediti quo instante Parliamento vestro apud Westmonasterium in Quind ', etc. proximo futur' personaliter esse non valentes. (And so others, for other reasons) pray that he may be allowed his Proxee; whereupon Licence was granted, as may be seen in ancient Journals, but more lately in Queen Elizabeth's time, thus: Right-trusty and wellbeloved, We greet you well. Whereas we are informed, That by reason of Sickness you are not able to make repair hither to this our Parliament, to be holden at Westminster, We have thought good, by these our Letters, to dispense with you for your absence, and to Licence you to remain still at home for this time, so nevertheless that you send up your Proxee, of such Personage as may be for you in your Name, to give his Voice and Assent, or Denial, to such Matters as shall be concluded on in our said Parliament. And this our Letter shall be your Warrant. Given under our Signet at our Palace at Westminster, the 20th of November, in the Eighth Year of Our Reign. 8. These Licenses are usually entered in the Signet or Privy-Seal-Offices, (and pass no further) but are certified to the Lords when sitting. 9 This regular Method of Licenses continued till about the end of Queen Elizabeth's Reign, but by the kindness (or connivance of her Successors to the Nobles) there hath been of late no more Ceremony used than a Verbal Motion to the King; and some Nobles by that Indulgence have constituted Proxees without application to the King, only adding in their Deputations to their Proxees (viz. per Licentiam Domini Nostri Regis) conceiving that the very mentioning of the King's Licence was a sufficient acknowledgement of his Prerogative herein; however these following Proxee-Deputations, or derivative Writs (which I cite as Precedents) were regularly obtained. The Form of a Proxee-License from one Lord Temporal to another before the sitting of a Parliament. 10. OMnibus Christi Fidelibus ad quos hoc praesens scriptum pervenerit, Rupertus Palatinus Rheni, Dux Bavariae & Cumbriae, Comes Holdernes in regno Angliae salutem Noveritis me praefatum principem (per Licentiam Serenissimi Domini nostri Regis) a suo Parliamento tenendo & inchoando apud Westmonasterium in dicto regno Octavo die Mensis Maij proximo futuro sufficienter excusatum abesse; Nominare ordinare & constituere dilectum mihi in Christo praenobilem & honoratissimum virum Jacobum Ducem, Marchionem & Comitem Ormondiae, Comitem Osoriae, Carrickiae & Breconiae Dominum Thurles Baronem, meum verum certum & indubitatum Factorem, Attornatum & Procuratorem, eidemque Procuratori meo dare & concedere plenam Authoritatem & Potestatem pro me & nomine meo, & de super quibuscunque causis exponendis seu declarandis tractandis, tractatibusque hujusmodi mihi factis seu faciendis, Concilium nomine meo impendendum. Statutisque etiam & ordinationibus quae ex maturo & deliberato Judicio Dominorum in eodem Parliamento Congregatorum, inactitari seu ordinari contigerint nomine meo consentiendum, eisdemque (si opus fuerit) subscribendum, Caeteraque omnia & singula quae in praemissis necessaria fuerint, aut quomodolibet requisita facienda & exercenda, in tam amplo modo & forma prout ego ipse facere possem, aut deberem si praesens personaliter interessem, ratum & gratum habens & habiturus totum & quicquid dictus Procurator meus statuerit & fecerit, in praemissis. In cujus rei testimonium praesentibus subscripsi, Sigillumque meum apposui datum apud Westmonasterium decimo sexto die Aprilis Anno Regni dicti Domini nostri Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis fidei defensoris, etc. decimo tertio Annoque salutis nostrae 1661. 11. This was subscribed (Rupert) and sealed with his Seal at large upon an annexed Label. 12. All Proxee-Writs of this nature are given into the Clerks of the Parliament before the Proxees are admitted, and their Licenses either produced to the Lords (if written) or affirmed by some other Lords that the King's consent was thereto. 13. This was the only derivative Proxee-Writ which was made by a Lord Temporal of this Parliament, 1661. before the Sessions, and though the Foreign Titles of the Proxor and of his Proxee are mentioned in the Writ Honoris Gratia, yet it operates nothing in this Case; for as the Proxor could not make a Proxee without the King's Licence, written or vernal, so he could not be a Proxee by virtue of his Foreign Titles, but only by their English or Welsh Titles, viz. as Duke of Cumberland he was Proxor, not as Palatine of the Rhine, or Duke of Bavaria, and the Earl of Brecknock was his Proxee, as Earl of Brecknock, not as Duke of Ormond. 14. Had there been more of these Derivatives before the Sessions, they must have been in the same words, differing only in the Titles of the Proxor and Proxee; and those that were made the Parliament sitting, viz. the 10th of May, the Earl of Holland (before any Prorogation) made the Earl of Suffolk his Proxee, and are also in the same words with the other Form, mutato nomine, and by changing the future to the present, viz. Tenendo & Inchoando, to tento & inchoato, but after a Prorogation the words are as in the next Writ (at inde prorogato, etc.) And these two Derivatives are sufficient to show the difference between Writs made before the Parliament, or before any Prorogation, and the Writs made after a Prorogation. 15. The recital of Prorogation or Prorogations are not only so in Derivatives, but in all original Writs which are issued after a Prorogation, by reason of the death of any Lord, to summon another. I have entered this Writ to the Archbishop here, though I shall speak more of it when I come to treat of Writs made in time of Parliament, because it contains many Clauses different from the Derivatives to the Lords Temporal, especially in the last Paragraph more observable. The Form of the Archbishop of Canterbury's derivative Proxee-Writ to the Bishop of London after a Prorogation. OMnibus in Christo Fidelibus ad quos hoc praesens Scriptum pervenerit Gulielmus providentia divina Cantuariensis Archiepiscopus totius Angliae Primas & Metropolitanus Salutem in Domino sempiternam, Cum Serenissimus Dominus noster Rex, quibusdam de causis sublimitati suae intimatis licentiam a praesenti hoc suo Parliamento tento & inchoato apud Westmonasterium octavo die Maij Anno regni sui decimo tertio & continuato ad decimum nonum diem Maij Anno decimo quarto dicti Domini Regis & inde prorogato ad decimum octavum diem Februarij proximè inde sequentem nobis absentandi ex suo speciali gratia & favore nuper concesserit dummodo sidelem aliquem Procuratorem, vice locoque meis ponerem ordinarem & constituerem, Noveritis Igitur me praefatum Archiepiscopum dilectum mihi in Christo Reverendum in Christo Patrem Gilbertum eadem divina providentia Dominum London Episcopum meum verum certum & indubitatum Factorem, Actorem, Procuratorem, Attornatum, negotiorumque nostrorum Gestorum & Nuntium specialem, nominare ordinarefacere & constituere per p'sentes, dando & concedendo eidem Procuratori meo plenam authoritatem & potestatem de & super quibuscunque causis & negotijs statum & utilitatem dicti Domini nostri Regis Reipublicae incolumitatem & Ecclesiae Anglicanae quietem concernentibus, quae in praefato Parliamento qualibet ejusdem sessione per dicti domini Regis statum agitari contigerint tractandi, tractibusque hujusmodimihi factis seu faciendis concilium & auxilium nomine meo imponendis etiam & ordinationibus quae Communi statu praedicta ordinatione ibidem fieri & ordinari contigerint nomine meo consentiendi, & ijsdem si opus fuerit subscribendi vel dissentiendi, Caeteraque omnia & singula quae in praemissis aut in aliquo praemissorum necessaria fuerint seu quomodolibet requisita faciendi expediendi & exercendi in tam amplis modo & forma prout ego ipse facere possem & deberem si praesens personaliter interessem, Promittoque me ratum gratum & firmum perpetuo habiturum totum & quicquid dictus meus Procurator statuerit aut fecerit in praemissis, & sub Hypotheca & obligatione omnium & singulorum bonorum meorum in ea parte cautionem expono per presentes, In cujus rei Testimonium manum & sigillum meum Apposui. Dat apud Lambeth ' vicesimo primo Novembris Anno regni dicti Domini nostri Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis fidei defensoris, etc. Annoque Dom. 1662. 17. All derivative Proxee-Writs made either from a Lord Spiritual or Temporal, to any of their own Degrees, or of other Degrees, do not continue longer than one Session, without a new Derivative Licence, or Proxee-Instrument. 18. As to the places of the Proxees in the Lord's House, they are not mentioned in the Act of Precedency, so I shall conclude with Mr. Elsing, That surely they did not sit in the Lord's Seat whose Proxee he was, yet in all Councils and Diets beyond the Seas he does. 19 Though they are Nobilitated by sitting as Proxees, yet they are not to be accounted Peers, unless they were Peers before they were Proxees. Thus having said as much as I think fit of Writs to the Lords Spiritual and Temporal, both Original and Derivative, I am come to the Fifth Exemplar, concerning the Assistants to those Lords, Peers, and Proxees. CHAP. XIII. Of the Assistants to the House of Peers, comprised in the Fifth Exemplar of the Pawn. 1. HAving done with all the Degrees which are mentioned in the Act of Precedencies, and given an account by four Exemplars of the Writs to the Princes of the Blood, of the Writs to the Archbishops and Bishops, of the Writ to the Lord Chancellor, of the Writs to the Hereditary Nobles of Parliament, (viz. Dukes, Marquesses, Earls, Viscounts, and Barons) as they are mentioned in the Pawn, and also given an Abstract of such Patents of Creation as Entitle some of them to be the more capable of Summons, as also of Peers and their Proxies, I come now to the Degrees which are not mentioned in the Act of Precedency, but are comprised under the fifth Exemplar-Writ, recited in the forementioned Pawn, viz. to the Lord Chief Justice of England, and of the Consimilars to his Writ; and these are different from all the former (except the Lord Chancellors, of which I have spoken) because these do not sit in the Lord's House by virtue of any Tenure or Patent of Creation, or according to the Act of Precedency, but only by Writs, as Assistants, (for none do sit there without Original Writs, except Proxies, and Masters of Chancery, etc.) as will be shown. But before I treat of them distinctly, I shall set down some Observations on their Professions. 1. These Assistants do all profess the Study and Knowledge of Laws, and therefore have their Places allotted in the very heart of the Lords House, that they may with the more ease give their Advice to that Noble Body, in all Matters which concern either the Theory or Practice of what is just or fit to be done. 2. Now there are certain Faculties and Virtues springing from the Profession of these Assistants (viz. Jus, or Right; Justitia, or Justice; Judicium, or Judgement; Ratio, or Reason; Prudentia, or Prudence; Aequitas, or Equity; Discretio, or Discretion; Sapientia, or Wisdom; and Scientia Legum, or Knowledge of the Laws:) to (it is presumed) they have attained, and are thereby made fit for Assistants; yet that these Virtues may be the more distinctly discerned, I shall take the freedom to explain them. Jus, (the Latin for Right) is the foundation on which Justitia, or Justice, is built. Justitia is status, or statio Juris, quia Jus stat vel exercetur per Justitiam. So that Jus is the principal, Justitia the Efflux of it. Judicium, or Judgement, is the fixed resolution, determination, or sentence of what is true, or false, good, or evil, just, or unjust. Reason is a Ray of Divine Light, which guides a man to judge what is Just or Justice. Prudence is in the nature of Providence, (from Providere) to foresee the conveniencies or inconveniencies of so doing or not doing right to one man, that it may do good to one, and not hurt another. Discretion is also to discern the nature or difference of things represented, and to manage them to their right end, and by this Equity is ushered in, which is a conscientious care that all things may be equally and proportionably done towards those who expect Justice, when the matter concerns distinct persons, or interests, and then Sapientia or Wisdom advanceth itself, and includes the Scientia Legum, or Knowledge of the Laws, and that employs all the Faculties of the Soul, and hath a particular Intellect and Inspiration to see, improve and manage all things to a just and right end, and teacheth the Professors to instruct others in the principal Rules of perfect Conversation with each other, viz Honest vivere, neminem laedere, & suum cuique tribuere, which is to live soberly, and temperately, to offend no man wilfully, and to give tribute to whom tribute belongs, and to every man what is their right to enjoy, or in our power to perform. All these do constitute a wise man, and the Professors of Laws have more opportunities to demonstrate them to others, and by these Virtues they become Accomplished Assistants to a Parliament both in Divine and Human Matters. 3. But the Imbecility of our Human Nature is such, that no man is so universally knowing in all things, as to give a true Judgement of all particulars, without a light or information from others, whereby to judge of what is just, right, or fit to be done; especially in the contentions arising from the Mechanic Arts, or Trades, and some other Sciences, which are a significant part of the Fabric of any Kingdom, or State; for supposing two Artificers, professing different Arts, are both employed to the perfecting of some Public Work, wherein their joint Skills are necessarily required, in which they are at variance upon some mystical parts in their Trades, and without determination of their differences and concerns, neither of them can proceed in the joint Design; and thereupon they refer themselves to one of the Professors of the Law, to settle the matter between them. But it is vulgarly thought beneath one of these eminent Professors to dive into Mechanic Trades or lesser Sciences; yet both of these Artists informing him of the true state of the mysteries of their respective Trades, the Judge from thence makes a rational determination of what is fit to be done, as well for the support of their Trades, as for the common good to others, by preventing fallacies, or circumventions, or the like contests; and this he gains from the impartments and arguments of these Artists, and so weighing their alternate allegations in one balance, and the common good in another, he makes so peculiar a determination and Sentence, as to convince both parties, and this from the ground of their different Arts and Impartments. Now the Judge or Justice, even by these daily accidents, and references, doth daily gain Knowledge, and by justly managing this Knowledge grows to be generally esteemed a wise Man, not only from these lower particulars (upon which the Opinion of the Vulgar is founded but from his insight and transacting in matters of a more transcendent nature, which daily also come before him (either of Public or Private Concerns.) But in all Transactions in this World there is a Right and a Wrong, which latter is termed Unjust, and sometimes it may be positively judged to be so; yet it may so happen that summum jus may do injury, whereupon there is a necessity of interposing Equity, lest the Wrong by Custom should prove an esteemed Right, or that Right by necessary fixed Rules, (which may be safe at one time and not at another) or an unlimited use or power, should slide into Wrong; so as the due and critical time of applying this Equity to summum jus (which is gained by reading Law and Precedents) doth still improve and exalt the Character of a wise Man. 4. But because most men are either negligently or wilfully ignorant in the way of attaining these excellent Virtues, the wisdom of all Governors hath (by the help of these learned Professors) established certain Rules to direct men (which the Latin call Regulae, from Regere) intimating the care of Governors in Exhibiting such Rules for the good of those who are under Tuition, but generally such Rules are called Laws (which the Latins term Leges, from Legere, to Read) so as every man, who is not careless of his own Felicity or Justice towards others, may thereby be instructed to what he ought to perform. 5. In ancient times when People were not dispersed into various Regions, nor into great Societies of Towns, Cities and Kingdoms, but consisted of some few Families, or Villages, it was no hard matter to transmit those Rules or Laws to one another, by singing them in Meeter, or some other ways of Tradition; but when those lesser Societies grew into the greater forms of Government, their Legislators invented a more certain way or art of communicating their just Rules or Laws, by legible Characters, Words, and Sentences, either Writ or Printed, (containing those Rules) which (as I said) were originally, only certain tuneable unwritten Instructions; and after, when men's dispositions grew more and more depraved, there was something of Coercion added to those Laws, which Coertions (or inflicting of Penalties for disobedience to those Laws) increased with the increase of unconformable tempers: and herein there is nothing so great an argument of a wise and good disposition, as when he makes it his study to satisfy himself (and thereby able to inform others) in the knowledge of such Laws or Rules as may make our Lives in this World happy and conscientious, which can no ways be obtained, but by knowing and obeying good Laws. 6. For these are they (as the learned Sir John Davies says) to which all Kingdoms and Commonwealths are indebted for all their temporal blessings of Peace, Plenty, Civility, and all moral parts of honesty. By these (saith he) we enjoy our Relations, Lands, Goods, good Names, or what ever is sweet or dear unto us, for quid sunt Regna nisi magna latrocinia sine Justitia & Legibus; the Land would be full of Thiefs, the Sea of Pirates, the Commons would rise up against the Nobility, the Nobility against the Crown; without these there would be nothing certain, no Contracts, no Commerce, no Conversation, but Confusion, and even Dissolution of Human Society: for good Laws are Comforts to the Grieved, Counsels to the Perplexed, Reliefs to the Circumvented, Preventions of Ruin to the Improvident, Preservations to the Innocent, Supports to the Impotent; they Relieve the Oppressed, protect the Orphan, Widow, and Strangers, they are Oculi Caecis, & Pedes Claudis; (Cures for lame and blind) To sum up all, they are the Secular Arms to defend both the Church, True Religion, and the Common-Weal of the Kingdom or State. 7. For these reasons, the Successive Kings of this Island have constantly (as rewards) set such a mark upon those who are Professors of the Laws, and whose study and experience in Laws have attained to so great a sagacity, (as to know how to apply them to the public good) that the chief of them is made Lord Chancellor, or Lord Keeper of the Great Seal of England; (of whom I have spoken, who for the most part hath been a Professor of Divinity, Law, or Equity) the next (of whom I am now to treat) is made Chief Justice of England; his very Title Justice rendering him in one sense even Superior to the Law itself; (for the Law itself is but Lex tacens, but he that distributes that Law, is Lex loquens. 8. This Title of Justice (given also to every one of the twelve Judges or chief Dispenser's of Laws) is so ancient, that in former times they were called Justitiae, (as containing that virtue not only in the singular, but in the plural number) and afterwards they were called Justitiarii Angliae, and Justitiarii, (without addition of Angliae) and after Justitiarii Regis, which last Title was to the four Justices of the King's Bench; the chief of which four was anciently called Summus, and at this day Capitalis Justitiarius Angliae; (which generally we term in English, the Lord Chief Justice of England) there was also anciently another sort of Justitiarii ad placita, (applied only to the four Justices of the Common Pleas, (the chief of which was, and is to this day also called Capitalis Justitiarius, (omitting Angliae) and which we in English term, the Lord Chief Justice of the Common Pleas. And to ease the People from going for Justice to them, these Justices did go to the People, to distribute Justice. These Motions in process of time were called their Circuits, because they did in a manner go round the Kingdom; and for these Motions they were called Justitiarii Itinerantes, & Justitiarii ad Assisas, Juratas & Certificationes. There were also anciently another sort of Justitiarii, (which it may be for distinction sake were called Barones Scaccarii) consisting also of four; and this Title is applied only to the Exchequer, where their Justice was to be shown in the management of the Revenue of the Crown; and these four also were and are constantly mixed with the other Eight, in their Itineranciis: in all making Twelve. 9 And for further Honour to these Eminent Professors, as well out of Parliament as in Parliament, they have peculiar Courts, (as Regalias allotted to them) wherein they have daily opportunities to manifest their Wisdom. These Professors I divide into three Orbs, and their Courts accordingly, viz. to the Lord Chancellor or Lord Keeper, the Court of Chancery; to the Lord Chief Justice of England, the Court called the King's Bench; to the Master of the Rolls (or Keeper of the most eminent Office of Records) the Rolls Chapel; (in the nature of a Court) to the other Lord Chief Justice, the Court of Common Pleas; to the Lord Chief Baron, the Court of Exchequer; and these are the five Courts or Regalias belonging to five of the first Orb of that Profession; yet not excluding the other Nine: so as, The second Orb consists of Nine more, viz. three Justices of the King's Bench, three of the Common Pleas, and three other Barons of the Exchequer; and these have gradual interests in those three Courts, (as will be shown) and with the other five do make fourteen, of the first and second Orb; and as a further addition of Honour, twelve of these fourteen (in their Circuits twice every year) have Courts also provided for them, almost in every County of England (as will be shown.) The third Orb of the Professors of Law, are not usually above six in number; (yet sometimes more, sometimes fewer (as will be shown) I mean of such only as have Summons to sit in Parliament,) and these have Courts also allotted for them, viz. the King's Sergeants at Law, the King's Attorney General, the King's Solicitor General, have the Inns of Courts, (though common also to under Graduates and Students) and the two principal Secretaries of State have the King's Court or Palace for their Regalias; so as the before mentioned five of the first Orb, and nine of the second Orb, and six of the third Orb, (these three Orbs being the most eminent of that Profession) have not only the Jurisdiction and an Interest in the said Courts, but as an higher mark of Honour and Esteem, though they were no Lords, or Barons of the Realm, yet they were and are usually Summoned by Writs to the High Court of Parliament, when ever it Assembled, and there they are also dignified with peculiar Places appointed for them, and many Privileges of which, with their Number, and the Causes of Variation of that Number, I shall give an Account in the ensuing Sections. 10. These (as I said) are employed in the Lord's House to be Assistants with their sage advices, who are perfect knowers both of general and particular Laws, viz. in the Laws of God and Nature, the Civil Laws, (practised in most parts of Europe) the Ecclesiastic Laws of other Nations, but more particularly of our own, of our Common Statute, Municipal, and Customary, (and By-Laws, which are alterae Leges) and many others of other Titles, which we derive and still retain from the old Roman Empire, Saxons, etc. And thus fraught with knowledge of Laws, they bring them for the most part into the Hive, or compass of our Common and Statute Law, and their universal knowledge makes them esteemed Learned, their Learning endues them with Wisdom, their Wisdom enables them to be Justices or Judges out of Parliament, and in Parliament to be Assistants there, for the better carrying on of Public Actions and Consultations; so as the present Laws may be preserved, or such new ones made as their Wisdoms shall think fit to advise; there being sometimes as much necessity of making new, or correcting, altering, explaining, or enlarging the old, as in positively preserving them; for when a Buttress hath sustained an House many years, and is itself decayed by time, it is to the safety of the House, to have another Supporter in its room; for tempora mutant mores, and moors may justly mutare leges, (considered according to the diversity of circumstances) and herein consists the great Masterpiece of advice, by turning a nolumus mutare, into a rational volumus. 11. Having now given a short discourse of Law, and the Professors of it in general, occasioning just grounds for their Assistance, I shall proceed to the particular Titles of the chiefest Professors of it, and according to my first proposed Method, go on with the fifth Exemplar, mentioned in the aforesaid Parliament Pawn, viz. to the Lord chief Justice of England. The Form of the Fifth Exemplar-Writ to the Lord chief Justice of England. CArolus Secundus Dei gratia Angl' Scot' Franc' & Hibern' Rex fidei defensor', etc. Dilecto & fideli suo Roberto Foster Militi Capitali Justiciario nostro ad placita coram nobis tenend'assign' salutem. Quia de advisamento & assensu Consilij nostri pro quibusdam arduis & urgentibus negotijs nos, statum, & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maij prox' futur' teneri ordinavimus, & ibidem vobiscum & cum magnatibus & proceribus dicti Regni nostri Colloquium habere & tractatum, vobis mandamus firmiter injungend', quod omnibus alijs pretermissis predictis die, & loco personaliter intersitis nobiscum, ac cum caeteris de Concilio nostro super dictis negotijs tractatur', vestrum Consilium impensur'. Et hoc nullatenus omittatis Teste me ipso apud Westm' decimo octavo die Februarij Anno regni nostri tertiodecimo. The next words in the forementioned Pown are consimilia Brevia diriguntur personis subscriptis. But before I speak of those Consimilars, I shall add some few Observations on this Exemplar. Observations on the Exemplar and its Consimilars. I Did think to have made distinct Observations on this and the following Consimilars, but finding how curiously they, in their Jurisdictions, Power, Authorities, and Operations are intermixed, separated, and yet united, I shall speak of them as they spring up from my Recollections, on which others may graft more, as best suiting to theirs. 1. Neither this chief Assistant, nor any of the following Assistants (which are called Consimilars in the Pawns) are mentioned in the Kings Warrant to the Lord Chancellor for summoning a Parliament, otherwise than in these words: Wherefore We Will and Command you forthwith, upon receipt hereof, and by warrant of the same, to cause such and so many Writs to be made and sealed under our great Seal, for the accomplishment of the same, as in like cases hath been used and accustomed, as may be seen in the first Chapter. And thereupon the Lord Chancellor (according to the ancient Custom, and such Precedents as I have and shall set down) sends his Warrant to the Clerks of the Pettibag (in haec verba) as in the first Chapter. You are hereby required forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Spiritual and Temporal, as also for the Judges and others, to appear at the Parliament to be holden, etc. in such method and form, and directed to such persons as are and have been usual in such cases, etc. Now that the Lord Chief Justice (and the Consimilars, of which I am to speak) have been anciently and usually summoned, I have and shall show in their following order. 2. In the Act of Precedency there is no mention made of the Places of these Assistants, but there having never been any dispute among themselves of their Places or Precedencies (for they are perfect in their own Regularities and Seniorities, etc.) it had been but expense of time and Paper to insert them, and therefore according to the constant order by which they have sat anciently in the Lord's House I shall treat distinctly of them, so soon as I have ruin through some few mixed Observations. 3. This great Minister of Justice was anciently made by Letters Patents, with the Clause of Quam diu nobis placuerit, and so it continued till about the end of Henry the Third, and then, and ever since, he hath not been constituted by Commission or Patent, (as all the other Judges are) but by Writ only, in this form. Rex, etc. R. F. Militi salutem Sciatis quod constituimus vos Justitiarium nostrum Capitalem ad placita coram nobis tenend'durante bene placito, etc. Teste, etc. And this Writ makes him capable of his Parliament-Writ before recited. 4. The Lord Chancellor or Lord Keeper of the Great Seal (as I said) is admitted Chancellor or Keeper by delivery only of the Great Seal to him, and taking his Oath, without Patent or Writ; but this Lord Chief Justice is admitted to his Office by Writ only, and all the other Assistants (of whom I shall speak) do enjoy their Offices in their respective Courts by Patent only, and all of them durante bene placito (except the Master of the Rolls, whose Patent is durante vitâ) as will be shown. 5. But neither the delivery of the Great Seal to the Lord Chancellor, or Lord Keeper, nor the aforesaid Official Writ to the Lord Chief Justice of the King's Bench, nor the respective Patents by which the other Justices enjoy their respective Offices, do entitle them to sit in the Lord's House, without such an especial Parliament Writ of Assistance, as is shown in the Exemplar before recited, (to which all the other Assisting Writs have a Consimilitude.) 5. This Parliament, or Assisting Exemplar Writ to the Lord Chief Justice of the King's Bench, and all the Consimilars to it (mutato nomine & titulo Officii) agrees in all parts with the Writ to the Lord Chancellor, (as I have before shown) except the alteration of the words, Praedilecto & perquam Fideli, into Dilecto & Fideli, which are in this and in all the Writs to the following Assistants. 6. The differences between this Writ and that to the Hereditary Lords in Parliament, are partly shown in the Observations on the Lord Chancellor's Writ, the rest will be shown. 7. This Parliament writ diffeers but in few words from the form of the writ issued in the 15th. of Edw. 2 d. (from whence I take my rise (nor from the Successive Writs to this time) which for the satisfaction of others, (whereby they may see that no new form is obtruded on them) I have set here down Verbatim. Rex Dilecto & Fideli suo Willielmo de Bereford salutem Quia super diversis & arduis negotiis nos & statum Regni nostri specialiter tangentibus in instante Parliamento nostro die Domincâ prox' futur' ante Festum sancti Laurencii prox' futur' fecimus summoneri, vobiscum & cum caeteris de Concilio nostro colloquium habere volumus, & tractatum, vobis mandamus firmiter injungentes quod omnibus aliis pretermissis dictis die & loco personaliter intersitis nobiscum, & cum ceteris de Consilio nostro super premissis tractatur' vestrumque Consilium impensuri Et hoc nullatenus omittat' Teste, etc. In this Writ the words after Regni nostri, (viz. & Ecclesiae Anglicanae are omitted;) for the Church in those days was almost wholly managed by Ecclesiastic Persons, who were Conversant in the Civil, and Canon Laws, etc. but in the 26th. of Henry the Eighth, when the power of the Pope was here abridged, those words, & Ecclesiae Anglicanae were entered and continued to this day. Also after the word Vobiscum these words, ac cum Praelatis Magnatibus & Proceribus are omitted; but (as near as I can collect) some of the most eminent of the Professors of the Law, (as the Lord Chief Justice, and Lord Chief Baron, etc.) were sometimes Summoned by Peeral Writs, that is by such Writs that were sent to the Nobles, and then the words ac cum Praelatis, etc. (as in Richard the Seconds time to Jo. Cavendish Capital'Justic '; and in Henry the Fifths time, to William Hanckford and many more) were inserted; but when ever they were Summoned merely as Assistants, the words cum Praelatis, etc. were left out, and so have been ever since Edward the Fourths time. 8. This Parliament Writ is directed, Capitali Justitiario nostro ad placita, etc. and so is his Writ by which he enjoys that great Office, yet his common and general appellation is, Capitali Justitiario Angliae, which we call Lord Chief Justice of England, and sometimes, Lord Chief Justice of the King's Bench, and by some one of those Titles; he is called so in several Acts of Parliament, and ancient Records; (as I have hinted) and though the word Lord be added to his appellation, both in his Assistancies and Office, (and so to some other of the Assistants) yet neither he nor they are to be counted Lords of Parliament; for his Writ by which he enjoys his Office (which is the Inducement to his Assisting Writ) is but durante Placito, (& honore Officii) and his Assistance being but durante Parliamento, neither of them can six the Title further than the continuance of his Office or Assistance. And here it may be observed, that the word Vos (a word of great eminency, always signifying a plural, though sometimes applied to a single Person) is used in this Official Writ (before mentioned) to the this Lord Chief Justice, but is not in his Parliament Writ, nor in any of the Patents or Parliament-Writs to the other Justices, of whom I shall speak in order. 9 The antiquity of this great Minister of Justice, and his Court, is doubtless more ancient (under various Titles) than from Hen. the Thirds time; (from whence we vulgarly compute it,) for the Civilians do acknowledge that, Justitiarii sunt umbrae quaedam illorum qui olim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Graecos dicebantur, designati ad Custodiam Juris & aequitatis. However, Sir Edward Coke to prove its antiquity, tells us of an Epitaph in Ramsy Abbey, engraven on Stone in these words, Alvinus incliti Regis Edgari Cognatus, totius Angliae Aldermannus, (saith, that by Aldermannus is meant, Capitalis Justitiarius Angliae, and consequently his Assistance in all Councils before the name of Parliament, (and since that name) hath always been esteemed necessary, and (as he saith) all these Courts of Justice are so ancient, that they seem to have their Originals from Custom, rather than by Commission. 10. His Jurisdiction is so great, as well out of Parliament as in Parliament, that often times the Lords do wave their own Power and Privileges of using their own Officers, and do direct the Chief Justice to send out his single Warrant to Seize on Persons in case of Treason, or Suspicion of it, or for other high Crimes or Misdemeanours; and the House of Commons have likewise sent to him to come to their House upon the like occasions, as happened when by their directions his Lordship sent out Warrants to Seize the five Lords, of whom I shall speak in the Chapter of Trials. 11. Other uses are also made of him, and some other of the Assistants in Parliament; for when the Lords have any matter of importance to impart to the House of Commons, than the Lord Chief Justice with the other Chief Justice, or Lord Chief Baron, or some other of the Judges (but always one of them, and no more) is joined with him in delivering the same; but in matters of less importance, two Masters of Chancery are employed (as will be shown.) 12. When any Writs of Error, or Writs of Habeas Corpus, or Trials of Peers, or when any Pleas of the Crown, or other cases Criminal, Civil, and sometimes Ecclesiastic, or indeed any matters of Law are to be heard and determined in Parliament; as also in the penning of new, and altering, explaining or repealing of former Statutes, their assistances are required, and more especially the Chief Justice. 13. The number of Assistants Summoned by Writ to appear in Parliament, (Cum caeteris de Consilio) from the time of Henry the Third, to the 21. of Henry the Eighth, consisted of an uncertain number, sometimes above forty, sometimes under; but from the 21 of Henry the Eighth, (from which time the extant Pawns do give an exact account of them) they never exceeded 27. and sometimes were not above 13. or 14. But in all Parliaments since Edw. the Firsts time, some of them were Summoned, and very likely before; For Mr. Prin, (though in his Breviary of Parliament Writs, pag. 36. he tells us of Twenty four Parliaments, (from the 49. of Hen. the Third, to the 49. of Edw. the Third) and many more which he saith he omits; of which Parliaments, he saith, there is no mention of Writs of Summons to any of the King's Council, Justices, Officers, or others in the Rolls of these Parliaments; yet he kindly ascribes it to the negligence or slothfulness of Clerks, in omitting the entries of their Writs. This he saith, but he had done much better for his own justification and others satisfaction, (being entrusted by his Majesty with the Records of the Tower) if those Records which he citys, (both in his Breviary, and many others montioned by him in Sir Robert Cottons Abridgement) now wanting, might have been restored by him to their ancient Repositories there. 14. As to the Lord Chief Justice, and the Assistants Places in the Lord's House, none of them, as I have said, have their Places there by the Act of Precedency's, but rather by custom and favour; of which I shall speak more, when I come to the actual Sitting of the Parliament, as also of their Privileges and Employments there. 15. As to the Officers which are under the Lord Chief Justice his Jurisdiction, none of them are employed about the Summoning of a Parliament, but many of them are employed in other matters in time of Parliaments, as in cases of Errors, etc. but more chief upon Trials of Peers, (when only the chief Clerk of the Crown in the King's Bench is the principal Manager of them) as will be shown. 16. Regularly no Officer or Court, either in Parliament or out of Parliament, have greater Power or Jurisdiction, or more public affairs to manage; (except the Lord Chancellor in Chancery) and yet in some cases above it: For all appeals from the Chancery and other Courts, are determined in this Court, and no appeal from this Court, but to the High Court of Parliament, and all Records which are brought from other Courts into this, are never returned back into those Courts from whence they were brought, and many others which might be instanced. 17. To conclude, his Lordship, or the other Lord Chief Justice, or one of them, are constantly appointed to be Speaker of the House of Lords, Pro tempore, when the Lord Chancellor or Lord Keeper is absent, which is usually done by a particular Writ, which I shall enter amongst emergent Writs, Chap. 14. Thus having said as much as I think convenient concerning this Exemplar, with some intermixtures of some of the Consimilars, I proceed to give a short touch of each of the Consimilars more distinctly; and first of the Master of the Rolls. Of the Consimilar Writ to the Master of the Rolls. 1. THE Office of Master of the Rolls is granted by Patent under several Titles, viz. Clericus parvae Bugae & Custos Rotulorum & Magister Domus Conversorum, and he Sits in the Rolls to hear Causes, etc. by virtue of a Commission to that purpose. 2. But his Writ of Summons to a Parliament is directed as in this Pawn, viz. Harbotello Grimston Baronetto Magistro Rotulorum Cancellariae suae, and then the remaining part of his Consimilar, as also the rest of the following Consimilar Writs, agree in the same words with the Exemplar to the Lord Chief Justice, as in Sect. the Eleventh. 3. This Magister Rotulorum, or Custos Rotulorum, or Clericus parvae bugae, is the same which we call in English Master of the Rolls, anciently called Clerk of the Rolls; but from Henry the Sevenths' time, when the Clergy did decline in their Temporal Employments, he was and is still called Master of the Rolls. 4. In the absence of the Lord Chancellor or Lord Keeper, he Sits as Judge in the Chancery, and therefore by Sir Edward Coke is called his Assistant, and at other times he Sits as Judge of Causes in the Chapel of that House, which in Henry the Thirds time, was employed as a place of Charity to such Jews as should turn to the Christian Religion; but those Jews being Banished, Edward the Third did dispose of it for the keeping of Records, and joined it to the Office of Custos Rotulorum, and of the Pettibag, (which Office of Pettibag seems to be a lesser Bag or place of Records.) 5. So that he hath three Titles, viz. Clericus Pettibagae, or Clerk of the Pettibag; (he being the chief of three Clerks more of that Office) Secondly, Magister Rotulorum, or Master of the Rolls, (or Clerk or Preserver of such Records as do at any time pass the Great Seal, and are sent to his Custody, either in the Office of the Rolls, called the Rolls Office, or to the Pettibag Office) where his under Clerks do attend on purpose to produce them as occasions require. Thirdly, His third Title is Master of the Chancery, which Title is given to twelve Persons, of which twelve he is te chief. 5. Formerly, and even to this day, the greatest part of these Twelve were Constituted of Doctors of the Civil Law; however Eleven of those are so constantly disposed of, as that some of them do Sat in the Lord's House in time of Parliament, and at other times with the Lord Chancellor in the Court of Chancery upon hearing of Cases, others with the Master of the Rolls, when he Sits in the Chancery, or at the Rolls, where he hath a Jurisdiction to hear or determine Causes, yet appealable to the Lord Chancellor. 5. There are other Masters of Chancery, called Extraordinary, and six Clerks of eminent Quality, and other Clerks employed both in the Chancery and Rolls; but these are not Summoned to Parliaments, (of whom I shall speak more) but in in those capacities which I have mentioned, the Master of the Rolls, as Master of the Rolls, or chief Clerk of the Pettibag, or both, or chief Master of Chancery, or in all three Capacities, he is very Assisting to a Parliament, especially in the business of Summons, etc. For as I have shown in Cap. 2. whenever the King's Warrant is sent to the Lord Chancellor to issue out Writs for a Parliament, his Lordship either sends it, or a like Warrant, to the Master of the Rolls, who as chief Clerk of the Pettibag causeth the other Clerks of the Office to engross all the Writs, (both for the House of Lords and House of Commons) so as they may be fit for the Great Seal; and these being thus done, and fairly abstracted and engrossed into a Roll, (which is called the Parliament Pawn, and lies there as a Memorial and Record of what they have done, and as a Precedent for the future) all the particular Writs mentioned or intimated in that Pawn (being fitted) are carried to the Lord Chancellor; and being in his presence Sealed, they are immediately delivered to Messengers belonging to the Chancellor, who do take care to dispose some to the Persons to be Summoned for the Lords House, and others to the respective Sheriffs of all Counties, and Comitated Cities, for Elections of such as are to sit in the House of Commons, and so the Master of the Rolls and the Clerks of the Pettibag having done all their parts, and the Messengers and Sheriffs theirs, the same Writs which concern the Lord's House are or aught to be returned to the Clerk of the Lords House at the first Sitting, and the Writs for Elections are to be returned by the respective Sheriffs to the Clerk of the Chancery Crown Office, and not to the Pettibag, (as hath and will be shown) for they come no more there till some time after Dissolution of a Parliament; and then for ease of that Office, and more safely preserving them, they are ordered to be carried to the Rolls, and from thence to the Tower, all which will be more fully shown; which method I often repeat in this Treatise, because I find it so much neglected. As to the Employment of the other Eleven Masters of the Chancery in time of Parliament, I shall show it in a distinct Chapter. This Master of the Rolls doubtless hath been anciently Summoned to Sat in the Lord's House; yet I find no Writs issued to him till the 36th. of Henry the Eighth, and then as Master of the Rolls, not as chief Master of Chancery; and after that he was Summoned to all Parliaments except the 39th. of Eliz. and first of King James; and in this very Parliament a Writ was prepared for him, but being Elected a Member of the House of Commons, his attendance was not required in the House of Lords, for what reason I know not; but he hath his place whenever he Sits there, next to the Lord Chief Justice of England, upon the second Woolsack, as will be shown in the Chapter of Places. The Consimilar Writ to the Chief Justice of the Common-Pleas. THE Patent which invests this Chief Justice to his Employment in this Office, is in haec verba.— Carolus, etc. Omnibus ad quos Patentes Litterae nostrae pervenerint salutem Sciatis quod Constituimus dilectum & fidelem Orlandum Bridgman Militem Capital'Justitiarium nostrum de Banco suo, Duran' been placito Teste, etc. Observations. HIS Writ of Summons to Sat in Parliament, is also Capitali Justitiario nostro de Banco, (mutato nomine, in all other words agreeing with the Exemplar) and here it may be again observed, to prevent vulgar misunderstandings, That the Lord Chief Justice of England is Chief Justice of the King's Bench or upper Bench, and this is Chief Justice of the Common Bench; and sometimes one is called Chief Justice of the Pleas of the Crown, as in the Latin words, De placitis Coronae, and this Chief Justice of the Common-Pleas, or Communia Placita, yet in the Latin Writ it is de Banco; so as both Courts are called Banks or Benches, and both called also Courts of Pleas, in respect of Pleas or Plead; one properly concerns the King in matters Criminal; the other concerns the Pleas or Plead of the Commonalty or Common People among themselves in matters Civil, and one also is called the Upper Bench, the other the Common Bench, and therefore (what ever the Patent or Writs are, yet for an easier distinction) I here entitle one, the Chief Justice of the King's Bench, the other Chief Justice of the Common-Pleas. 2. As for the names Bench or Banc, Pleas or Placita, I refer them to my Annotations. 3. The Chief Justice hath three more Justices to assist him in this Court. 4. That which makes the eminency of this Court is, That only the learned Sergeants of the Coif (of whom I shall speak in order, being the next Degree to Judges) do Plead in this Court, (yet not prohibited from Pleading in all other Courts) but all other Graduans of Law have the liberty to Plead in all other Courts, but not in this. 5. The Pleas of this Court cannot be so well ascertained, as that of the King's Bench, because the Pleas held by Common Persons, or between Subject and Subject, are divided into as many Branches as Actions, and the Actions into as many Causes as there are variety of Contests in the Kingdom; yet all these Actions, Causes and Contests, are included under three notions, Real, Personal, and Mixed, which are here tried as they happen according to the strict Rules of Law. As for Personal and Mixed Actions they are tried in other Courts, but Real Actions are only Pleadable here, nor are any Fines of Concord (which is observable) levied in any Court but this, so that (as Sir Edward Coke saith) the Motto of this Court may be, Haec est finalis Concordia. 6. Upon these and other considerations, the necessity of requiring Assistances from the Justices of this Court may appear: For as the Justices of the King's Bench may acquaint the Lords with what concerns the King; so the Justices of the Common Pleas may most properly acquaint them with what concerns the People, whereby Laws for either may be corrected, repealed, or made de novo, as shall be thought most expedient. 7. The Justices of this Court are not concerned in the managing of any Summons to a Parliament, as the Lord Chancellor and Master of the Rolls are. Of the Consimilar Writ to the Chief Baron of the Exchequer. THE Title of this is different from the two Chief Justices, for his Patent is thus. Carolus, etc. Omnibus ad quos Patentes Litterae nostrae pervenerint Sciatis quod constituimus Matthaeum Hale Militem Capitalem Baronem Scaccarij nostri duran' been placito Teste, etc. (Scaccarius being that which we call Exchequer.) But his Writ of Summons to a Parliament is (with this addition, Dilecto & Fideli Matthaeo Hale, (then as in the Exemplar Writ omitting Durante hene placito) and so in all the Assisting Writs, because the continuance of a Parliament (as I said) is but Durante Placito Regis, therefore needless to insert it. Observations. THIS Chief Baron hath four more Barons to assist him in his proper Court of the Exchequer, whereof the puisne, or youngest made Baron of the four, is not an Itinerant Justice, nor accounted in the number of the Twelve Judges. 2. These Barons are not such as are before mentioned of the next Degree to Viscounts in the Lord's House, nor such as are merely Barons by Courtesy, or Barons of Court Barons, or Barons of the Cinqueports, (of whom I shall speak more, when I treat of them in the House of Commons) but are great Officers of Justice; and so his Writ calls him Baro Scaccarij, or Baron of an Officiate Place; but the Writ to the noble Baron before mentioned, is to an Hereditary Place, viz. Johan Nevil, Baro de Abergaveny, and so to others of that Degree. 3. Some think they were called Barons, because the Court of Exchequer was anciently managed by noble Barons; but as Okham saith, that these Barons were to be Majores & Discretiores, etc. being either culled out of the Clergy or Laity, or the King's Court; and for many ages, the chief of these five Barons was called as now, (both in his Patent and Writ) Capitalis Baro, and generally is Entitled the Lord Chief Baron: the other four Barons do assist him in all matters between the King and his Subjects, in cases properly appertaining to Assize, Exchequer, or the King's Revenue. 4. He is the chief Judge of that Court in matters of Law, as also of Informations of any abuses therein, and of Pleas upon them, and solely gives order for Judgement, (wherein the Lord Treasurer thinks not fit to concern himself.) 5. He alone without other Barons in Term time, Sits in Afternoons at Guildhall, upon Nisi prius, (upon cases which arise in London, and cannot be dispatched in the Mornings) he takes Recognizances of Debt, Appearances, and Observances of Orders, he takes the Presentations of all Offices unto himself, and causeth an Oath to be given to the Lord Mayor of London. He takes Audits, Accounts, etc. in his absence, and sometimes to ease him, the second and third Baron hath the like power, and the fourth takes the Oath of Sheriffs; and as I said, the three first of the five have constantly their Writs of Summons to a Parliament, yet the fifth is also of good use in that Office, but hath no Writ of Summons as the other. 6. That which is most observable of this Court is, that all Cases of great difficulty in the King's Bench or Common-Pleas, are still Adjourned to the Exchequer Chamber, and there with the Barons Debated, Argued, and Resolved by all the Twelve Judges, (whereof the four first Barons make four of the Twelve.) 7. This Court consists of two parts, the upper Exchequer and the lower; the upper is that wherein these Barons do execute their Justice: but herein the Lord Treasurer, as Supervisor, may Sat as oft as he pleaseth, however once in every Term he seldom fails to Sat, and hear Matters; but the lower Exchequer is chief under the care of the Lord Treasurer, (the Offices of upper and lower being distinct) yet both of them (considered jointly under the Title of the Exchequer) do include eight Courts or Offices, viz. A Court of Pleas; (in some manner like the King's Bench and Common-Pleas) Secondly, The Court of Accounts; Thirdly, The Court of Receipts; Fourthly, The Court of the Exchequer Chamber; (being for the Assembly of all the Judges of England (as I said) for Matters in Law for special Verdict; Fifthly, The Court of Exchequer Chamber, for Errors in the Court of Exchequer; Sixthly, The Court of Exchequer Chamber, for Errors in the Court of King's Bench; Seventhly, The Court of Equity, in the Exchequer Chamber; Eighthly, That which was, but is not now called a Court, yet is an Office much of the same nature, (and of as great concern as some of the other) Entitled the Remembrancers Office of the first Fruits and Tenths, who takes all Compositions, and makes out all process for such as do not pay the same; so that the business of this Court and inclusive Courts and Offices doth employ above 200. Officers and Clerks. 8. From which may be computed what variety of business this Court doth afford to a Parliament, though not in the troubles of Summoning it, yet by bringing in and issuing out of Money, (which are the Nerves of a Kingdom, and Arteries of a Parliament) so as the Progresses of this (and the inclusive Courts) do occasion more Debates in Parliament, than what ever do arise from the Chancery, Rolls, King's Bench, or Common-Pleas. Having done with the first Orb or Rank of Degrees of such Professors of the Law as are Summoned to Parliaments, consisting of five, viz. Lord Chancellor, Lord Chief Justice of the King's Bench, Master of the Rolls, Lord Chief Justice of the Common Pleas, and Lord Chief Baron; I shall proceed to the second Orb or Rank of Degrees usually Summoned; and these are three Justices of the King's Bench, three Justices of the Common Pleas, and three Barons of the Exchequer, whose Writs are also Consimilary to that of the Lord Chief Justice of the King's Bench. The Consimilar Writ to the three Justices of the King's Bench. EACH of these Justices have their distinct Patents in these words. 1. Carolus, etc. Omnibus, etc. Sciatis quod constituimus, etc. Tho. Mallet Militem unum Justitiariorum suorum ad placita coram, etc. Teste, etc. 2. His Parliament Writ hath also the same words in the Dative Case, Vni Justitiariorum suorum. 3. Tho. Twisden Miles, had his Patent and Parliament Writ in the same words, Vnum & Vni. 4. Wodham Windham, had also his Patent and Writ in the same words, Vnum & Vni. Of the Consimilar Writs to the three Justices of the Common Pleas. 1. ROB. Hid Mil. had his Patent of Constituting him, Vnum Justiciarium suorum, and his Parliament Writ, Vni Justitiariorum. 2. Tho. tyrril Mil. had the like Patent of Constituting him, Vnum, and his Parliament Writ, Vni. 3. Samuel Brown Mil. had the like Patent of Constituting him, Vnum, and his Parliament Writ, Vni. Of the Consimilar Writs to the three Barons of the Exchequer. 1. EDward Atkins Mil. had his Patent of Constituting him, Vnum Baronum de Scaccario, and in his Parliament Writ, Vni Baronum de Scaccario. 2. Christopher Turner Mil. had the like Patent of Constituting him, Vnum, and his Parliament Writ, Vni. 3. This place was vacant, so but eight of the nine Judges were Summoned to this Parliament at the time of Summoning. Observations. 1. ALL their Patents and Writs (except the mutation of their Names and Titles) are verbatim the same, especially in the words, Vnum & Vni, viz. one of the Justices, signifying that they were all so equally presumed to be just, that they are rendered to us rather by an Unity than a Priority, viz. by one and one, and not by 1st. 2 d. 3 d. and 4th. yet in the 30th. and 39th. of Eliz. and 1. Jacob. I find the word alter, next to Capitalis, & Vnus, in the King's Bench and Common Pleas only, but in the Exchequer, in the 43. Eliz. next Capitalis Baro, is Secundus & tertius Baro. 2. Of these fourteen which are of the first and second Rank of the Professors of the Law, two of them are properly Judges of matters of Equity, viz. the Lord Chancellor, and Master of the Rolls, the other Twelve are called the Twelve Judges of the Common-Law; the two Judges of Equity have been constantly Summoned to Parliaments; (except as I have shown) but as to the Twelve, sometimes all, and sometimes but some of them are Summoned, according to the King's Pleasure, or the vacancy of their Places, or employed in their Itinerances. I need not begin higher than Henry the 8. and then there were nine Summoned, and the 30th. of Henry the Eighth, twelve; the 36th. of Henry the Eighth, but six; the first of Edward 6th. nine; the 6th. of Edward the Sixth, nine; the 7th. of Edw. 6th. but seven; the first of Mary, but eight; the first of Mary, but five; the first and second of Phil. and Mary, but 6. the second and third of Phil. and Mary, 8. the 4th. and 5th. of Phil. and Mary, but eight; the 28th. of Eliz. eleven; the 30th. Eliz. eleven; the 35th. Eliz. twelve; the 39 Eliz. eleven; the 43. Eliz. ten; the first of James, the full number of 12. (but in respect of the changing of them before the Parliament sat, there were two Writs made for the several Judges before the Parliament sat;) the 21. Jac. eleven; the first Car. primi, twelve; the 15th. Caroli primi, eleven; and the 13th. Caroli Secundi, also eleven; as I said, accounting the two Chief Justices and chief Barons in all these years. 3. In all these Writs, I do not so much trust to the several Pawns, as to the Writs themselves, where I doubt of any mistakes in the Clerks. 4. To conclude this Section; as in all the Judicial and Equitable Courts, (before mentioned) there are distinct Jurisdictions and methods of managing the concerns of their respective Courts; so in many things, there are also excellent intermixtures and concurring Authorities of their Courts and Powers, whereby they make up the Harmony of Justice, (as in cases of Consult in the Chequer Chamber, Writs of Error, and other matters which I have hinted) and whoever will take a full survey, not only of their Jurisdictions, but of the number of their Clerks, Attorneys, or other Officers of various Appellations, belonging to their respective Courts; may think that they are so many Principalities within our Kingdom, and thereby see how necessary it is for these Assistants (who have so great influence over the whole Kingdom) to be Summoned to this Supreme Judicatory, to Advise either the Corroborating the old Laws, or altering them or making new, where there is just occasion (as I have shown) of Reviving, Correcting, or enlarging them, according to the fluctuations of Affairs, which not only happens in this Kingdom, but in all other Kingdoms and States, so as Laws are still suited to the tempers and dispositions of those who are to be governed; for Tempora mutantur, & nos mutamur in illis, there being a secret confederacy between time and human affairs, which can scarce be discovered; the time was, is, and to come, being so nice, that the future reverts into a Preexistence, that to an existence, and so into a circular perpetuity of notional gradations. And thus having, as briefly as I could, dispatched the first and second Orb of Professors of Law; I proceed to the third, which consists of the King's Sergeants at Law, the King's Attorney General, his Solicitor General, and his Secretaries. Of the Consimilar Writs to the King's Sergeants, etc. I Am now to treat of the third Orb or Degrees of the Professors of the Law, viz. the King's Sergeants at Law, the King's Attorney General, the King's Solicitor General, and the King's Secretaries, (and some others of the King's Council upon emergent occasions.) These Sergeants at Law in the Latin appellation are called, Servientes ad Legem, for Sergeant and Servant are the same, only differing by a vulgar Pronunciation, or the Idiom of our Language, which often renders an A. for an E; for properly Servant ought to be writ Servient, from Servio to Serve, or from Servare to Keep, so as they may be said to be as well Keepers of the Laws, as Servients to the Law. As these are Servientes ad Legem, so there are another sort, (of which I shall speak) who are Attendants in the Lord's House, called Servientes ad Arma, but Cedant Arma togae; therefore I proceed to Sergeants at Law. The Gradations to this Title are thus attained, viz. After the young Students of the Law have continued Seven Years in the Inns of Courts, and have done their Moots, or Motus ad Literarum, and other exercises, they are called or admitted to plead at the Bar of any Court, (except the Common-Pleas) and are thereupon called Barresters, and thereby also gain the Title of Esquire. And after that, they are promoted to be Readers of Law in the Inns of Chancery, whereof there are eight, viz. Cliffords-Inn, Lions, Clements, Barnard's, Staple, Furnivals', Davis, and New-Inn, which are dependent on the four Inns of Court, viz. the Inner Temple, Gray's-inns, Lincolns-Inn, and the Middle-Temple, in some one of which they are to be Benchers and Readers also; and thus they are to pass seventeen Years in their Studies, before they can arrive to the dignity of a Sergeant, or Serviens ad Legem; but after they have performed their Readins, the King taking notice of their Proficiencies, doth by his Writ call a certain number of them to take upon them that Dignity; and the reason of making a number of ten or more (at one time) is because the charge to each may be the less, because almost no Dignity in any Profession (especially of Law) is ushered in with greater State, Ceremony, and Charge than this Degree, as may be read in Fortiscue de legibus Angliae, Crooks Reports, etc. The Form of which Writ for Electing of a Sergeant is in haec verba. CArolus Secundus Dei gratia (as in other Writs) Fideli nostro I. M. Mil. Salutem, Quia de advisamento concilij nostri ordinavimus vos ad statum & gradum Servient' ad Legem immediate post receptionem hujus Brevis nostri Suscipiend'Vobis Mandamus firmiter injungend'quod vos ad statum & gradum predict in forma predict Suscipiend'Ordinatis preparatis & hoc sub paena mille Librarum nullatenus omittatis, Teste, etc. Barker. These Sergeants at Law are of two sorts, viz. Sergeants at Law considered in their General Appellation, and the King's Sergeants at Law; that is, when the King selects some out of the rest, and appropriates their Service to his occasions; (which he constantly doth at every Call) thereupon they have two Writs, one at the general Call of Sergeants, (which I have showed) the other as a particular Sergeant (or Servant) to the King, the Form of which Writ also is as follows. CArolus Secundus, etc. (as in other Writs) omnibus ad quos, etc. Sciatis quod nos de gratia nostra speciali, ex certa scientia & mero motu nostro constituimus dilectum & fidelem nostrum, J. M. servientem ad legem, unum Servientem nostrorum ad legem, nec non concessimus eidem, J. M. Officium unius Servient' nostror, ad legem habendum occupandum & exercend'dict' officium nec non ad essendum unum ' Servient' nostrorum ad legem quamdiu nobis placuerit, capiendum & percipiend anuatim in & pro officio illo exercend'eidem J. M. vad'fead'vestur' & regard'dict' officio debito sive pertinend'pro ut aliquis Servient' nostrorum ad legem pro hujus modi officio exercend'percepit, sive habere, & precipere debeat eo quod express a mentio non fit, etc. In cujus rei testimonium, etc. Teste, etc. Per ipsum Regem. Barker. And being thus made the King's Sergeants by a distinct Writ, they are capacitated to have a Writ of Summons to sit in the Lord's House in Parliament, and though none sit this Parliament, yet Writs were provided for two of them, in this Form following, viz. Carolus, etc. dilecto & fideli suo Johanni Glin Militi Servienti domino Regi ad legem Quia, etc. and so verbatim according to the Exemplar before recited to the Lord Chief Justice. The other was Johanni Maynard militi, who had the like Writ prepared for him. Observations. 1. THESE Professors of Law are called Servientes ad Legem in all Writs, (which are generally Writ in Latin) but in English (as I said) they are called Sergeants or Servants at Law, also Sergeant of the Coif, (from the white Coif which they wear uppermost at the Solemnisation of their Order) but at other times under a black Cap, like the Twelve Judges, because having past this Order, they are then capable of being made one of the Twelve Judges, and to exercise the employment of a Judge upon emergent occasions. 2. None of all the three Orbs of Professors have a Writ for their Office and Employment, but the Lord Chief Justice of the King's Bench, (as I have shown) and these Sergeants at Law. The difference in the Writs are, that in the Writ to the Lord Chief Justice of the King's Bench, (as to his Office) and so in the Patents to the other Justices, (as to their Offices) there is nothing but a Constituimus, without any adjunct of Compliment, but in this Writ to the Sergeants at Law, it is Fideli nostro; yet in both of their Writs of Summons to a Parliament, they have equal words, viz. Dilecto & Fideli. 3. In the Writ of the Lord Chief Justice of the King's Bench, there is no Advice of Council mentioned; but in the Writ to every Sergeant at Law, the words are as in Parliament Writs, Quia de advisamento concilij nostri, and so in the Mandatory part of it, Vobis Mandamus firmiter injungend ', and then under the penalty of a 1000 l. to take upon them that Degree; and in their second Writ to be the King's Sergeant at Law, they have Vadage, Feodage, Vesturage, & Regardage, of which I shall speak in my Annotations; yet I shall give this hint here, That the word Investitura is used only in the Patents of Creation of the Lords Temporal, and Vestura only used in the Patents to the Sergeants at Law, and to no other Degree that sit in the Lord's House as Peers, or Assistants. 4. That which makes this Degree more eminent is, that by virtue of the first Writ, (to be a Sergeant at Law in general) they continue their Title of Sergeant at Law, Durante vita; (though not expressed in the Writ) the other to be the King's Sergeant at Law is equal with that Writ to the Lord Chief Justice of the King's Bench, and to the other Eleven Justices, viz. Durante beneplacito; the 3d. Writ gives him an interest in Parliament. 5. It is to be noted, That all the twelve Judges before they can take upon them those Offices of Judges, are made Sergeants at Law; so that though they quit those Offices of Judges, and thereby lose the dignity of their Office, yet the dignity of their Serjeantship still remains during life. 6. It may be here pertinently observed, That though Writs were prepared and enrolled in the Pettibag for these two Sergeants, yet whether the Writs were delivered to them, I cannot inform myself, or whether the delivery was declined in respect both of them were chosen Burgesses of the House of Commons, (where Sir John Glyn did sit during his lise, and Sir John Maynard during the continuance of this Parliament) or whether they were connived at, as being more veful in the House of Commons, (or to themselves) for being once admitted to sit in the Lord's House, they might not Plead in other inferior Courts, which had been much to their prejudice. 7. The King's Attorney is placed in this Pawn before the two Sergeants, which was some mistake in the Clerks; and so I find the like misplacing of others in many other Pawns; and therefore in this my method, I pursue the order of all such other Solemnities as they usually attend, and of their precedent sitting in the House of Lords, (as will be shown) and so place them here, as they are placed there. 8. As to the Antiquity and number of Sergeants which were formerly Summoned to Parliaments, it is manifest that more or less of them were Summoned in most Parliaments of former Kings, viz. in the Reign of Edw. 3d. Rich. 2d. Hen. 5th. and Hen. 6th. (as appears in the Clause Rolls of those Parliaments) and more easily seen in Mr. Prinns Breviary, or in the Rolls Chapel; (for it were too great a diversion to recite them here) but those of latter days do appear thus in the Pettibag, viz. in the 21. Hen. 8th. there were three Summoned; but in the 30th. none; in the 36th. of Hen. 8th. four; in the first of Edw. the 6th. three; in the 6. of Edw. 6th. four; in the 7th. of Edw. 6th. four; in the first of Mary, two; and also in the first of Mary, two; and in the first and second of Phil. and Mary, one; in the second and third of Philip and Mary, one; and in the 4th. and 5th. of Philip and Mary, two; in the 28th. of Eliz. two; in the 30th. of Eliz. one; in the 35th. of Eliz. three; in the 39th. of Eliz. one; in the first of Jacob. three; in the 21. of Jac. five; in the first Car. prim. four; in the 15. Car. 1. three; in the 13th. Car. 2d. the two before mentioned; for whom Writs were ordered, but not actually Summoned, (as I have shown.) 9 In the 39th. Eliz. the Writs to the three Sergeants are directed distinctly, Vni, Vni, & Vni, but in all the rest, Servienti ad Legem, without the addition of Vni, nor do I find Vni added in any former Writs, before Henry the Eighth, but only this, viz. 4 Hen. 5th. Johanni Stranguayes, Vno Servienti Regis ad Legem. 10. And as a peculiar distinction, the King's eldest Sergeants have the Privilege to Plead in all Courts of Westminster within the Bar, but only in the Common Pleas, (where no other Graduates of Law but themselves can Plead, as I have shown) and there all the Sergeants stand without the Bar. 11. They are also sometimes Assistants to the Judges, and to the Lord Chancellor and Master of the Rolls, and many times in case of age or infirmness of the Judges, they do supply their places, both in the Courts of Westminster, and in their Itinerances and Circuits, Pro hac vice, and upon death of any of them, if the King think fitting, they are Constituted Judges in their Vacancies, and this by Commission. 12. As to their places in Parliament, they are next the Judges, as shall be shown in the local part of this Treatise, as also of their Imploymen, sedente Parliamento. Thus having brought the Servientes ad Legem, to be Judices & Magistros legum, I pass to the second Degree of the third Orb or Rank, viz. the King's Attorney General. The Consimilar Writ to the King's Attorney General. THis appellation of Attorney is derived from Turn so called in Magna Charta, SECT. 17 which anciently was called the Sheriffs Moot, or view of Frankpledge, and to this day is called the Sheriffs Turn from Turris, signifying a Tower or Castle where these Courts were kept, and where inquiry is made upon Oath of all things done contrary to the peace of the Country, etc. as will be shown when I come to the House of Commons, and then those who did practise to those ends in those and other Courts, were called Admetus Tourny's or Attourny's; generally the word doth signify a Person entrusted to manage other men's Concerns. And this being the most Eminent Trust in managing the Kings Concerns, his Duty, Care and Pains is the greater and more Eminent; he hath also his Patent, In haec verba. CArolus Secundus, etc. Omnibus ad quos, etc. Salutem. Sciatis quod nos de fidelitate & Circumspectione dilecti & fidelis nostri, G. P. Mil. plurimum confidentes ipsum G. F. Constituimus Ordinavimus deputavimus & assignavimus nostrum Generalem Attornatum in omnibus curijs nostris de Record'in Regno nostro Angliae Habendum & occupand'officium hujusmodi Generalis Attornat' nostri prefat' G. F. quamdiu nobis placuerit percipiend'in & pro officio illo exercend'Vad'Feod'Profic' & Regard'eidem officio pretinend'sive consuet' Dedimus etiam ac tenore presentium damus prefat' G. F. plenam potestatem & authoritatem faciend'ordinand'& deputand'tales clericos & officiar' sub seipso in quolibet Cur' nostra quales aliquis alius officium illud proantea habens nomine occupans habuit fecit ordinavit seu deputavit aut facere ordinare seu deputare consuevit eo quod expressa mentio, etc. In cujus rei, &c, Teste, etc. And he hath his Writ of Summons to a Parliament also, In haec verba, Carolus, etc. Dilecto & fideli Galfrido (which we in English call Jeffery). Palmer Militi, Attornato suo generali salutem, and so verbatim according to the Exemplar. Observations. 1. THat which makes this Assistant the more eminent and remarkable is, That as there is but one Lord Chancellor or Keeper, one Lord Chief Justice of the King's Bench, one Master of the Rolls, one Chief Justice of the Common Pleas, and one chief Baron of the Exchequer; so there is but one Attorney General: and though those five have Judges and Masters of Chancery to assist them; this hath no proper Officer under him, yet hath power to depute Clerks and other Officers to assist him, and is Singulus in omnibus & omnis in singulis. 2. Neither these nor any of the Assistants to the Lords House before named, have the privilege of making Proxies either before or in time of Parliament; yet I remember something Equivalent in in the case of Valentine eliot, etc. when upon a Writ of Error brought into the Lord's House, for reversing of a Judgement given in the King's Bench against the said eliot, Sir Jeffrey Palmer being then Attorney General, and indisposed in his health, and thereby finding himself unfit to manage that Case, Mr. North, than a young Professor of the Law, was permitted to appear for the Attorney General, and Plead the Case: only here was the difference, had Mr. Attorney been there in Person, he had stood within the Bar and Pleaded; but Mr North Pleaded without the Bar, which he managed with so much Law, Eloquence, and Dexterity, that his Abilities being known, (by usual Degrees in few years) he was advanced to his present Station of Chief Justice of the Common-Pleas. 3. This Title of Attorney General began in Eward the Firsts time, but I cannot be positive when they had their first Writs of Summons; but in the 21.30. and 39 of Hen. 8. he had a Writ, and so the 1.6.7. Edw. the 6. also the 1. and 1. of Mary, and 2.3.4. and 5. Phil. and Mary, (and in those two last Writs he is termed, Attornat' Dominorum Regis & Reginae General ') and then in the 28.30.39. and 43. Eliz. Attornato Generali; and so also the 1. and 21. of King James; also the 1. and 15. Carol. primi; and now 13. Caroli Secundi, Sir Geffrey Palmer, Attornato, and after him none did sit in the House of Lords during this Parliament, except Sir William Jones Knt. the Attorneys intervening those two, being still chosen in the House of Commons, as will be shown. Of the Consimilar Writ to the King's Solicitor General. THe words Attornatus & Solicitator are used in the Civil Laws, SECT. 18 as here at the Common Law, for such as do take care to manage or tend other men's Affairs, and there is but one of that Profession (as is before shown of the Attorney General) but because the Title should be distinguished from the common sort of such Practisers, as the King's Attorney hath his Patent and Writ from the King, so hath this, thereupon called the King's Solicitor General, his Patent is, In haec verba. CArolus Secundus, etc. Omnibus ad quos, etc. salutem. Sciatis quod nos de gratia nostra speciali ac ex certa scientia & mero motu nostris ordinavimus fecimus & constituimus dilectum & fidelem nostrum, H. F. Mil. Solicitatorem nostrum Generalem ac ipsum, H. F. Solicitatorem Generalem nostrum per presentes ordinavimus fecimus & constituimus Habendum gaudend occupand & exercend officium illud quamdiu nobis placuerit Percipiend annuatim eidem, H. F. pro occupatione & exercic' officij predicti tal'& tant' Vad. Feod. Profic' & commoditat ' qual'& quanta dicto officio debito sive pertinend prout aliquis alius sive aliqui alij officium predict' proantea habens sive occupans habuit vel percepit habuerunt sive preceperunt in & pro exercitio ejusdem officij eo quod expressa mentio, etc. In Cujus rei, etc. Teste, etc. Observations. THough this Employment was granted by Patent in Edward the Fourths time, yet for want of time I shall also begin his Writ of Summons, the 21. of Henry the Eight; and than Edward Griffin being Attorney General, Gosnold was Solicitor, and the Writ was, Hen. Rex, etc. Dilecto & fideli suo Johanni Gosnold Solicitatori suo Salutem Quia, and so verbatim according to the Exemplar; in the 36 Hen. 8. William Whorwood was Attorney General, and Henry Bradshaw Solicitor, and had his Writ the first of Edw. the Sixth, Bradshaw was made Attorney General, and Edward Griffin Solicitor, and had his Writ; and the 6. of Edw. 6. Griffith was made Attorney, and Jo. Gosnold Solicitor, and had his Writ, and both continued so till the first of Mary; and than William Cordel, in the room of Gosnold was made Solicitor, and had his Writ, also in another Parliament of that year both had their Writs; in the 1. and 2, 3, and 4. of Phil. and Mary, and in the 4. and 5. Phil. and Mary, Griffith being Attorney General, Rich. Weston (afterwards Lord Treasurer) was made Solicitor, Dominorum Regis & Reginae, and had his Writ; in the 38. of Eliz. Jo. Popham, afterwards Lord Chief Justice, was Attorney, and Thomas Egerton (afterwards Lord Chancellor) was Solicitor, and had his Writ, and so they continued to the 39 Eliz. and then Edw. Coke (after one of the Justices of the Common-Pleas) was made Attorney, and Tho. Flemins Solicitor, and had his Writ; and in the 43. Sir Edw. Coke was put back to be Solicitor, and had his Writ; and Thomas Egerton was Attorney; and in the first of James, Edw. Coke (then Knighted) was again made Attorney General, and Tho. Flemins (then Knighted also) again made Solicitor, and had his Writ; and in the 21 Jacobi, Thomas Coventry Miles (after Lord Keeper) was made Attorney, and Robert Heath Knt. Solicitor, (after Chief Justice) and had his Writ; and both had Writs again the first Car. primi; and the 15th. Jo. Banks Knt. was made Attorney, and Edward Harbert Solicitor, and had his Writ. But at the Summoning of this Parliament, no Writ was sent to Sir Heneage Finch then the King's Solicitor, being chosen for the House of Commons, and being after made Attorney General, still he continued in the House of Commons, till he was made Lord Keeper, and then he was removed to the Lords House by Writ, as Lord Keeper; and so Sir Francis North (being the King's Solicitor) did sit in the House of Commons this Parliament, and was not removed thence till he was made Chief Justice of the Common-Pleas; so that during this Parliament, none (whilst actually the King's Solicitors) were Summoned or did sit in the Lord's House; yet I thought fit to insert this Degree here, (though he be not mentioned in this Pawn) because there are so many Precedents of his Summons, as are before recited in former Kings Reigns. Of the Consimilar Writ to the King's Principal Secretaries. THis Officer of State and Assistant is placed the last in most of the Pawns, SECT. 19 and brings up the Rear of all the forementioned Assistants; which posture is a place of great Honour, both in Civil Solemnities and Martial Employments; and that it may so appear, in the aforesaid Act of the 31. of Hen. the Eighth, none of the other Assistants before recited (except the Lord Chancellor) are so much as mentioned therein, (their precedencies being known in their own Courts from a greater antiquity) but the Secretary's Place is fixed by that Act, viz. if he be under the Degree of a Noble Baron, yet it is above all the Assistants and next the Lord Chancellor; if he be of the Degree of a Baron, then above all Barons, or if an Earl, (as in the case of the Lord Arlington) then above all of that Degree, unless any of the Superior Officers of State be of that Degree, and then next to him and above the rest. He hath his Office as Secretary not by Patent, but by delivery of the Privy Signet to him; and so if there be more than one, (as now there are two) each considered as Principal, hath also a Privy Signet delivered to him. His Parliament Writ in this Pawn was thus, Carolus, etc. Dilecto & fideli Edwardo Nicolas Militi uno primariorum Secretariorum suorum salutem Quia, etc. and so verbatim according to the last mentioned Exemplar, as an Assistant, and the Title in the Label is like the Title of his Writ. Observations. 1. THis Writ agrees with all the former, except in the word Vni, and so if there be more; (as I have shown in the Writ to the Judges) yet commonly in Superscriptions, he that is made Chief is Styled Principal without the word one; and the other One of the Principal Secretaries of State. 2. The word Capitalis is used in the Writs to the two Chief Justices and Chief Baron; but to the chief Secretary the word Principali is used, not only signifying the Capital, First, or Chief, but intimating his more immediate Employment on his Prince, for Principali is properly from Principe. 3. If there be more Secretaries than one, (as there are seldom less than two) they divide their negotiations into the Title of Provinces, both in relation to this Kingdom, or Foreign Kingdoms or States; and so each of them give an account to the King accordingly, and they have an Office appertaining to them, called the Signet Office, Signet. where they have four Clerks as their Substitutes to perform their Directions, for all Dispatches both Foreign and Domestic, and generally they are of his Majesty's Privy-Council. 4. Their Employments in Parliament are either in the House of Lords or House of Commons, according as they are Summoned to one, or Elected to the other, and as the King thinks them in either place most useful for his occasions. 5. I need not go back to find the Antiquity of their Summons, for it may be presumed to be ancient from the Eminency and nature of their Employments; so it may suffice only to instance here, that in the 36 Hen. 8. William Packet Mil. had his Writ, Secretario suo, Secretario. and at the same Parliament, William Petre Mil. had his Writ, Secretario suo, without other addition; in the first of Edw. the Sixth, William Petre Mil. had his Writ only Secretario suo; but in the 6. of Edw. the 6th. the Title altered, viz. Willielmo Petro Mil. Uni. Vni primariorum Secretariorum suorum; and to Willielmo Cecil alt' primariorum Secretariorum, Alteri. and Jo. Cheke Mil. alt' primariorum Secretariorum, (so here were three Secretaries Summoned to this Parliament) and the same three were Summoned in the 7th. of Edw. 6. and in the first of Mary, and 1st. of Mary, the same Petre was Summoned, Vn' Primariorum Secretariorum Domini Regis, and Jo. Bourne Militi alt' Primariorum Secretariorum Domini Regis; and so the 1st. and 2d. and 2d. and 3d. of Philip and Mary, the same Petre and Brown had Writs by the words, Vni & alteri primariorum Secretariorum Domini Regis; the 4th. and 5th. Phil. and Mary, Writs were to Jo. Broxal, Vni primariorum Secretariorum Regis & Reginae; the like to the said Jo. Bourne, Militi alt' primariorum, etc. Principali. the 25th. Eliz. Francisco Walsingham, Militi Principali Secretariorum suorum, and no other Secretary; the 30th. Eliz. Consiliario suo Roberto Sicily Militi Primario Secretario, Primario. and no other; the 35th. Eliz. to the same Francisco Walsingham, Militi principali, etc. and no other; the 39th. Eliz. Consiliario Roberto Sicily Primario, and no other; 43. Eliz. none Summoned; the 1 Jacobi, Johanni Herbert Militi uni Primariorum; and no other; 21 Jacobi, Georgio Calvert, Militi uni Primariorum, & Edwardo Conway, Militi uni Primariorum; the 1 Car. primi, Olivero Vicecomiti Grandison uni Primariorum Secretariorum, & Johanni Cook, Militi vn' Primariorum, etc. 15 Caroli primi, Francisco Windibanck uni Primariorum, & Henr. Vane, Militi uni Primariorum; and so in this 13 Car. 2di. the Writ was Edwardo Nicolas, Militi, uni Primariorum Secretariorum suorum; and no other Secretary was Summoned during this Parliament, the rest being Elected, and accordingly did sit in the House of Commons, except the Lord Arlington, who sat as Earl and Secretary in the Lord's House; and though the word Primario is more generally used in Writs, yet in Superscriptions, etc. the word Principal is altogether used, as more agreeable (I conceive) to the Idiom of our Language. 6. The dignity of this Office is shown in their Summons and Place in the Lord's House according to the Act of Precedency; but I must say something more of the antiquity of the Office, and of the nature of such are employed in it. If he be taken for a Scribe, because they writ the King's literal Dispatches; it had the same esteem among the Hebrews that the Magis had with the Chaldeans, and the Quindecemviri among the Romans, (which latter were the Expounders of the Secrets of Sibyl's Oracles) These Scribes were usually selected out of the Clergy, and not out of the Laity, so that such as were used out of the Laics were called Notarij, and not Scribes; and such as were used by the Clergy were called Clerks from Cleros, because the Clergy by reason of their learning did for the most part Guide both Secular and Spiritual Affairs; but the word Secretary (in which Office the Clergy in former times were more commonly employed than Laymen) doth import something of another nature, being derived from Secretum, and that from Cretum the Supine of Cerno, to see or discern; so by adding Se. to Cretum, it makes Secretum, and renders the Person employed in that Office to be one who knows See (id est) himself, and can also Judiciously discern and judge of other men's matters, and yet reserve the Determination or Execution of them in his own breast; and for this tenacity of mind, he is properly called a Secretary, and the King's Secretary, or Secretary of State, as a preserver of the Secrets of the King and Kingdom for public and private use, till just occasion require their impartments to others; and indeed considering the perpetual Designs of Princes towards each other, and the Discontents and Seditious Humours which are in every Kingdom; there is no quality more requisite to a Minister of State, than a secret and reserved mind, and more particularly to this Officer, his very Title intimating his Duty, in which he ought to be master of three Properties; Lord Verulam. a Prudent Dispatch, Exquisite Intelligence, and Secrecy in all; for by these (especially the last) all Mining and undermine are still disappointed by the rules of Politic Secrecy; by which Art, Kingdoms are kept in quiet, by quenching fires before they flame; and because this requires not only a great skill but as great a vigilancy, which few are capable to perform; Bocalini tells us in his pleasant Chapter of reforming the World, that to ease it of this indifatigable trouble, without using so many Meanders; Apollo resolved to make a Window in every man's breast, so as at first view, each man might see the thoughts and intentions of each other, and thereby prevent the prejudices which daily arise for want thereof; but before Apollo did execute his Resolves, he caused the Wise Men of Greece with some others of the Literati to be Summoned, and to give their Opinions therein, where Thales was the first that pressed for it with such Arguments, that Apollo was almost confirmed; but at last he was dissuaded by many other Lawyers, Poets, Physicians and Theologicks by more convincing Arguments, showing that nothing caused a greater reverence to those and other Professions, than the mysteries which were contained in them, which would make them contemptible, if they should be seen or known by every vulgar Eye, whereupon the Windows were not made. 7. Now the same reasons which were used against making these Windows in the Bodies of Men, may serve to oppose the Windows too often made in the Bodies of such Councils or Parliaments as are to support a Kingdom, where every Member or Counsellor indeed should be a Secretary of State; because the publishing of Consultations commonly meets with Seditious Tempers, who think nothing is well done but what is done by themselves, looking merely on the Fact and Success, not on the Deliberations, Grounds and debated Reasons of that Fact; for it is not the event which makes the reason of managing that Fact to be the less Reason; for let the event be good or bad, the reason is still the same; if the Reason be good and solid, yet the Event bad, it may be said, that it meets with an ill constellation; but if the Reason be bad and the Event as ill, the discovery of these do still raise a worse constellation; and if the Reason be bad and the Event good, (if the bad Reason be kept secret) the glory of the Event would quickly drown the censure of the bad Reason, and make the Counsellors stand fair; but if divulged, they are sure not only to lose the credit of the Event, but double the disrepute, if both be bad. Herein some men are naturally of a more reserved temper than others; however those are only fit to be Counsellors and Secretaries of State, who have no Windows in their Breast; that is, no such transparent Eyes, as men may easily see their disposures of Affairs, but can wisely keep the Secrets of State from other men's Inspections: and in Parliaments I conceive such Tempers are very useful, for if the People Trust them, they do well in performing their Trust; but appealing again to the People, shows a diffidence in their own Judgements. Thus having shown the Kings Warrant in the Front, and the Secretaries Writ in the Rear, and fixed the Noble Lords betwixt those who manage the Laws Divine, and those who are Assistants in Human Laws, and run through the most constant Writs which are used for Summoning such as are to fit in a Parliament, either as Essential, or Assisting Members thereof; I should now proceed to the House of Commons, but I shall crave leave; First, To speak of some accidental Writs for Assistants; Secondly, Of the manner of return of all the aforesaid Writs; Thirdly, Of such as sit there without Writ or Patent; Fourthly, Of such as sit there only by Patent; and Fifthly, Of some other Officers who are employed there by virtue of Patents. CHAP. XIV. Of Consimilar Writs and Patents upon Emergent occasions. 1. I Find in Mr. Prins Breviary, That he citys many Records long before Henry the Eighth; (which I shall not examine, because some of them have been so long disused) Of Knights, Justices of North Wales, Treasurer of Carnarvan, Treasurer of the King's House, Chancellor of the Exchequer, Deans, Archdeacon's, Escheators, (and one Magister Thomas Young, which he takes to be a Master of Chancery) that have been Summoned by Writ to sit in Parliaments in the Lord's House;) but since Henry the Eighth in the Pettibag, several Writs of Assistants were issued, as I have shown in the 11th. Chap. Sect. 9 to show the King's Power, some of which were Professors of the Law, and some not. 2. There was another Writ, viz. to the Warden of the Cinqueports; (which was not constant, but occasional) for sometimes it was directed to an Earl, and sometimes to some one Person under the Degree of a Baron; yet by virtue of the Writ, he was empowered to sit in the Lord's House; but since Henry the Fourths time, when that Office was supplied by the Prince of Wales, (after called Henry the Fifth) who had a Writ with the addition of Guardian' Quinque Portuum) that Trust hath been committed to some one of the Blood Royal, and from that Writ other Writs are derived to all the Cinqueports. But in respect this Writ (as to a Parliament) is mostly concerned about Election of 16. Members to serve in the House of Commons; I shall refer the Discourse of it to the second part, in that Chapter which particularly treats of the Cinqueports. 3. If at any time the Lord Chancellor or Lord Keeper be absent upon just occasion, as when the Lord Keeper Bridgman in this Parliament was Sick; a Patent was made for Sir John Vaughan, then Lord Chief Justice of the Common Pleas, to supply his place, and the like to Sir Francis North, Chief Justice of the Common Pleas also, etc. and though for the most part this happens in time of Parliament; yet, because it may happen between the time of Summons and the Sitting of a Parliament, (which is the chief design of this part of this Treatise) I have thought fit to enter the form of that Patent in this place, rather than defer it, viz. CHARLES, etc. To Our Right Trusty and Well-beloved, Sir Francis North Knt. Chief Justice of Our Court of Common Pleas, Greeting; Whereas Our Right Trusty and Welboved Councillor, Heneage Lord Finch, Our Lord High Chancellor of England, is often so infirm, that he is not able constantly to attend in the upper House of this Our present Parliament now holden at Westminster, nor there to supply the room and place in the said upper House, amongst the Lords Spiritual and Temporal there Assembled, as to the Office of the Lord Chancellor of England hath been accustomed: We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence, have named and appointed you: And by these Presents do Name, Constitute, and Appoint and Authorise you, from day to day, and from time to time, when and so often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said upper House, to Occupy, Use and Supply the said room and place of the said Lord Chancellor, in the said upper House, amongst the Lords Spiritual and Temporal there Assembled, at every such day and time of his absence, and then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do, if if he were there personally present, Using and Supplying the same room; Wherefore, We Will and Command you the said Sir Francis North to attend to the doing and execution of the premises with Effect: and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every respect. In Witness whereof, We have caused these Our Letters to be made Patents, Witness ourselves at Westminster the Nineteenth day of March, in the Nine and twentieth Year of our Reign. Per ipsum Regem propria manu Signat. And having now dispatched all the Writs and Patents which concern the Summoning of such as sit in the Lord's House, it is proper to show the manner of returning of those Writs, which is usual in all Courts, and aught to be strictly observed here. CHAP. XV. Of Returns of Writs relating to the Summoning of such as are to Sat in the Lord's House. IN all Judicial Courts from whence Writs do issue, there is care taken for their due Returns, as may be seen in Fitz Herbert, and such Authors who have treated of the nature of Writs and their Returns; but none of them giving a full account of Parliament Writs and Returns, gives me occasion to insert this Chapter. As to the Return of the Writs to the Lords Spiritual, and Temporal and Assistants, they ought (by every individual Person who had a Writ) to be delivered to the Clerk of the Parliament before the House Sat, or immediately upon their Entrance into the House, at the Table, and by the said Clerk they are to be kept with the Records of that House. By the omission of this method many inconveniencies have and may happen to their Successors or Posterity, and therefore it is wished there were more care taken in their due Returns; to which they may be encouraged, being of so little trouble in the performance. But as to the return of Writs concerning the House of Commons, the method consists of much trouble and perplexity, not only from the time of the executing the Writs, but in undue returns, as will be shown in their proper place. This Chapter concluding all the Patents and Writs of Summons, and Returns which concern the Lords House, (by virtue of which the Persons so Summoned by Writ do sit there) now I must speak of such as sit there without Patent or Writ of Summons; and first of the Masters of Chancery. CHAP. XVI. Of the Masters of Chancery. THE Secretaries of State did bring up the Rear of the State Officers, and now the Masters of Chancery do bring up the Rear of the Assistants; and though I have spoke something of the Master of the Rolls, partly as chief of the twelve Masters of Chancery; yet, there he was considered as Master of the Rolls, (or Records) rather than one of the twelve Masters of Chancery, whereof (as I said) he is the chief; and these twelve are called Masters in Ordinary. 2. For there are also other Masters in Chancery, called Extraordinary, which are of an uncertain number, according to the businesses of the respective Counties wherein they are employed. 3. As for the twelve, they usually are chosen out of Barresters of the Common Law, or Doctors of the Civil Law, and eleven of them do sit in the Chancery, or in the Rolls as Assistants, saith Sir Edward Coke) to the Lord Chancellor and to the Master of the Rolls, every day throughout each Term of the year, and to them are committed Interlocutory Reports, and stating of Accounts, and sometimes (by way of reference to them) they are empowered with a final Determination of Causes there depending. 4. These twelve have time out of mind, sat in the Lord's House; yet have neither Writs nor Patents (for many Ages past) impowering them so to do; but I conceive, as the Master of the Rolls is (as is said by that Institutor) an Assistant to the Lord Chancellor, the remaining eleven may fairly be said to be Assistants both to the Lord Chancellor and Master of the Rolls, in all or most Matters, depending in both or either Courts, and so Virtute Officij, they are inclusively capacitated, (by the Writs to the Lord Chancellor, or Master of the Rolls) to be Assistants to them in the Lord's House, as they are in Chancery, without any particular Writ or Patent to them. 5. Anciently this Title was higher than what Sir Edw. Coke affords them; for I find in an old Manuscript in the hands of Sir J. C. one of the Masters, (but I have not the opportunity of searching the Records therein mentioned) Intitutled, De Cancellario Angliae & ejus Cojudicibus, & de authoritate eorum, and then follows, viz. In dicta Curia Cancellarij sunt ordinati duodecem Cojudices, viz. Magistri sive Clerici de prima forma ad Robas, (which in the 13. Chap. I call the first Orb) pro Arduis negotis Regis & Regni, & Reipublicae expediendis, (which agree verbatim (and 'tis observable) with the very words of all Writs of Summons to Parliaments) eidem Cancellario omnino assistentes & secum continuo consedentes, (which in a manner Entitles them to sit in the Lord's House with him and many other matters are mentioned therein, which I shall refer to my Annotations, because I cannot now warrantably insert them; but I find in other Books, that anciently they had the care of inspecting all Writs of Summons to Parliaments committed to them, which is now (as I have shown) performed by the Clerks of the Pettibag. 6. As to the Title of Master, (from Magister, and from Magus a Wiseman) it is as ancient as most of our borrowed words from the Latin, and was still applied to Persons of Knowledge and other Abilities above the Degrees of Yeomanry. Amongst the old Romans (as may be read in Livy, Pomponius, Aurelius, and others) they had twelve great Officers, to whom that Title was given, viz. Magister Populi, or Dictator, Magister Equitum, Magistri Census, Magister in Auctionibus, Magistri Epistolarum, Magistri Memoriae, Magistri Militum, Magister Navis, Magistri Officiorum, Magistri Scriniorum, Magister Curiae, Magistri Aeris, and many more of a lesser Rank; for I speak not of Magistri Familiae or Privatae, (or as the word is vulgarly applied to its relative word Servant) but as a Title applied to Persons of Eminency, for their Integrity and Learning; and of these there are also twelve sorts with us, (which are found in the Law Books) whereof the first we meet with in the Statutes, is the Master of the Mint, in 2 H. 6. c. 14. (2.) the Master of the Rolls in the first of H. 7. Cap. 20. (for till than he was called Clerk of the Rolls, or Custos Archivorum, and chief Clerk of the Chancery, (of which there are twelve, as I said, since which, six chief Clerks, and a greater number of a lesser Form, are there Constituted, whereby they are distinguished from the ancient Clerks, (now the 12. Masters of Chancery) which may be accounted (the Third) sort in point of time mentioned in the Statutes; (the Fourth,) The Master of the Horse in the first of Edw. the Sixth; (the Fifth) The Master of the Postern in 2 Edw. 6. (the Sixth) The Master of the King's Household in the 32 H. 8. (changed to the Lord Stuard of the King's Household, (Charles Duke of Brandon being the first of that Title mentioned in any Statute) (the 7th.) The Master of the Court of Wards in the 33 of Hen. the 8. (now of no use) (the Eighth) The Master of the Musters, after in the 33 Eliz. called Muster Master General; (the 9.10.11.12.) viz. The Master of the Armoury, the Master of the King's Jewels, the Master of the Ordinance, (and Master of the King's Wardrobe) are mentioned in the Statute of 39 Eliz. not but these Officers were before, but the Statutes (as I said) do not take notice of them till the times that they are quoted in the said Statutes. 7. Now as the old Romans had others which had the Titles of Magistri, viz. Magistri Vniversitatis vel Societatis; so we in imitation, at Cambridge have the Title of Magister fixed at the head of every College in that University, (which is an argument of their Antiquity, of which I shall speak more) whereas Oxford hath but three which bear that Title. 8. It is also applied to the Heads of Halls of Companies in London, and other Cities; and it hath been formerly applied to all the Members of the House of Commons, who were not actually Knights, or Esquires, or of higher Degrees; but in the House of Lords, I do not find it used to any, to whom Writs of Summons were sent to sit there, except to some Priors and Deacons who were sometimes called Magistri in their Writs, and others of Religious Orders, called also in their Writs Magistri, as also to Officers in Chancery, viz. 49 Edw. 3. Magistro Thomae Young, Officiario Curiae Cancellariae; but whether it was the same Office which is now executed by the Masters of the Chancery, Non Constat; however they were then under the notion of Clerks in an Ecclesiastical sense; but as Writs were sent to Clerks or ecclesiastics, with the Title of Magister; so in Henry the Fourths time, and not before, there were Writs sent to Laics with that Title, and those were Persons of high Quality, viz. in the 2.3. and 6. Hen. the 4th. Magistro Thomae de la Ware, (sometimes called Ware and War) to attend those Parliaments, and the same Thomas was also Summoned to the Parliaments of the 1.2.3.4.5.7.8. and and 9 of Hen. the 5th. Magistro Tho. de la Ware, and so to the 1.2. and 3. of Hen. the Sixth; but in the second Parliament of that year, Mr. De la Ware was not Summoned, but one Writ was Magistro Johanni Stafford Thes. Angliae, and another Writ, Magistro Willielmo Alremith Custod. privati Sigilli. But in the 4th. and 6. of Hen. the Sixth, both those were left out, and the same Magistro Tho. de la Ware Summoned again, and for brevity passing to the 36. of Hen. the Eighth; and than it was expressly Roberto Bows Mil. Magistro sive Custod. Rotulorum Cancellariae, being then also chief of the twelve Masters of Chancery; However Sir Edw. Coke saith they are Assistants to the Lord Chancellor, or as the Manuscript saith, Cojudices, and thereupon ex Officio do sit in the Lord's House, and the antiquity of the Places allotted them there, (as will be shown) and their Employments in every Parliament makes their attendance a kind of Praescription. And now I proceed to such as sit in the Lord's House by Patent only, without Tenure, Writ or Praescription. CHAP. XVII. Of the Clerks of the Lords House. HEre I am to speak of such as have places allowed them in the House of Lords by virtue of Patents only, and first of the Clerks; This Title of Clerk from Cleros, when the Clergy had (by reason of their great learning) the guidance of Civil Offices, was given as an honour to them; and most of the great Offices, as the Privy Seal, Master of the Rolls, etc. had the Titles of Clerks; but now that Title remains to a lower sort, of which there are 26. in number who still retain that Title. The first, (as to the Progresses of Parliament) is the Clerk of the Pettibag, which is under the Conduct and within the Patent of the Master of the Rolls; (who is the chief of all the Clerks in the Lord's House, of which Office I have spoke in that Section of the Rolls, and in other places.) 2. The Clerk of the Crown in the Chancery, (called Clericus Coronae in Cancellario, in his Patent) of whom I have also spoke cursorily in several places) is an Officer to whose care many great things are committed, (which may be read in Compton and others) but as to what concerns this Subject, I must again remind, that all Parliament Writs which are sent from the Pettibag, are returned and kept by the Officer, so that the Pettibag gives (as it were) the beginning, this the continuance and ending to a Parliament. So as this Clerk of the Crown hath three Capacities. Before the Sitting of a Parliament, to receive returns of Writs which were issued from the Pettibag. And in Parliament to take care according to directions for the issuing of Writs in case of change or mortality; And in the Lord's House he first reads the Titles of all Bills to be presented to his Majesty, of which and other parts of his Duty I shall speak more. 3. The third Clerk is termed in his Patent, Clericus Parliamentorum, because he is Clerk in all Parliaments during his life; his employment here being only conversant about the Affairs of Parliament. Now in respect that all Bills and Matters of State have here their result in the Lord's House, he is the proper Keeper of such Records, (for the Lord's House is a Court of Record) and to that end his Books are fairly writ, exactly composed, according to the very words and sense of that House, and constantly perused by some Lords appointed for that purpose, as well for his own justification as others satisfaction. He hath also an Assisting Clerk allowed him, who is of great use and ease to him, both of them being well grounded in learning, experience and ability, in the safe expediting the concerns of that House, which hath both an Ocean of Wisdom, and curious Rivulets of Honorary punctilios, (not to be omitted by them, somewhat different from all other Courts) he hath also a Reading Clerk allowed him, who likewise attends the Lords Committees; and these are all the Clerks which constantly attend in the Lord's House, and are within the Bar. 4. Of the Clerks of the House of Commons I shall speak in the second part. 5. As I have shown the Employments of the Clerks of the Crown Office in Chancery, so (to prevent misapplications) it is fit to show the Employments also of the Clerk of the Crown Office in the King's Bench, who is no constant attendant in this House or in the House of Commons, but only upon contingencies, and then by Order; but more especially in the Lord's House, for producing, reading, and managing Records concerning Writs of Error, Habeas Corpus, etc. (of which I shall speak in order) but his most eminent Employment is upon the Trial of Peers, as will be shown. Of the 26. Clerks before mentioned, (who still retain that Title) these five which I have named are the chief which are employed in Parliamentary Matters; but of the other 21. (which may be seen in Lambert, Fitz Herbert, etc.) neither the six Clerks in Chancery, (being Officers of Eminency employed in that Court bearing that Title, nor are the other Clerks (which are employed also in that Court) in the least (as I know of) engaged in the Fabric of Parliaments. Note that those five Clerks (whom I first mentioned) have places allotted them within the Bar of either House, as I said. And now I must speak of other Attendants of another nature, viz. the Gentleman Usher of the Black Rod, and the Sergeant at Arms. CHAP. XVIII. Of the Gentleman Usher of the Black Rod. THere are but three ways by which the House of Lords do send any Message to the Commons, of two of them I have spoken, viz. by some of the Judges, or by some of the Masters of Chancery, and the King also uses two ways, viz. by his Secretaries, or some of the Privy-Council, (when they are Members of the House of Commons) both upon ordinary and extraordinary occasions, or for attending his Person upon Addresses, etc. But when he hath occasion to Command the House of Commons to attend him in the House of Lords, he only sends this Officer, the manner of which Ceremony I shall show in order. He is called the Black Rod, from the Black Staff or Rod (about three foot long tipped with Silver, and guilt with the King's Arms at one end, and a Lion Couchant at the other end, and a guilt Knob in the middle) which he carries in his hand; he is always a Person of Quality, and born the King's Subject; and if not a Knight, is made one upon admission to this Office, and hath his Office by Patent; the first Grant of it beginning in Hen. the 8. time. 1. Before the Sitting of Parliament, he observes the Lord Chamberlains directions, in taking care that the House be fitted with all things for the Reception of the King, and those who are to sit there. 2. His Employment also is to introduce Lords into that House. 3. And after that House is Sat, he hath Employments concerning the Commitment of Delinquents, etc. 4. He hath a Seat allowed him, but without the Bar; and to ease him more in these and many other Employments, he hath an Usher to assist him, called the Yeoman Usher, also Door Keeper, etc. as will be shown. And so I am come to the last Attendant Officer of Note in that House, viz. the King's Sergeant at Arms. CHAP. XIX. Of the King's Sergeant at Arms, Attendants in the House of Lords. I Have spoken of the Servientes ad legem or Sergeants at Law; Now I come to the Servientes ad arma, Sergeants at Arms; these were such as amongst the Romans were called Satellites Caesaris, or a Guard to the Emperor, and sometimes they were called Macerones, (from whence probably the word Mace might be used) which these Sergeant at Arms use to carry before the King, etc. Of these Sergeants at Arms (for I meddle not with the lower degree in Corporations, sometimes called Sergeants of the Mace, or only Sergeants) there are twenty in number, which are called the King's Sergeants at Arms, and these are Created with great Ceremony; for the Person who is to be Created kneeling before the King, the King himself lays the Mace on the Sergeants Right Shoulder, and says these words, Rise up Sergeant at Arms, and Esquire for ever: He hath his Patent for the Office besides; (of which and of the particulars of his Employments, Segar in his Book of Nobility gives a full account) but of these twenty the King appropriates sixteen to his Personal Service, whereof four wait on him every Quarter; the other four are thus distributed, viz. in time of Parliament one is to attend the Speaker of the House of Lords, in case he is not Lord Chancellor, another to attend the Speaker of the House of Commons; one other to attend the Lord Chancellor, and another the Lord Treasurer, as well in as out of Parliament. But in respect the Lord Chancellor and Speaker of the Lords House is usually the same Person, there were but three of the twenty used in this time of Parliament, and but two out of Parliament, so as the other one or two are reserved for accidental occasions. The Sergeant at Arms who attends the House of Lords hath the privilege of carrying the Mace before the Speaker (whether he be the Lord Chancellor or not) within the Lord's House up to the very Chair of State, and after he hath made his Obeisances, he lays it down on the first Woolsack by the Speaker, and so departs till the Speaker hath occasion to use him again upon the Rising of the House. And herein methinks the Sergeant at Arms of the House of Commons hath more respect afforded him than the Sergeant at Arms to the House of Lords; for the Commons Sergeant hath the freedom to stand at the Bar, and hear all Debates, and when weary of standing, hath an easy seat by the door; but the Lords Sergeant is not permitted to be in the Lord's House whilst it is Sitting, nor hath any Station within the Bar, nor Seat without the Bar, as the Gentleman Usher hath: and yet this Office is more ancient than that, and is not only Sergeant at Arms to the Speaker, and Chancellor (the Parliament not sitting) but is the chief of the twenty of the King's Sergeants at Arms; he hath his Duputy, so as if there should be occasion of two, viz. for a Speaker and Chancellor, he may supply one, and his Deputy the other; and besides his Deputy he hath also other Agents under him, and hath use for them; For upon Commitments of Delinquents without door, he is to see them forth coming, and in bringing them to the Bar; but upon consmements or Commitment of any Member within doors, that peculiarly belongs to the Gentleman of the Black Rod. So as these 2 Officers set the first wheel of a Parliament in motion; for the Sergeant at Arms conducts the Chancellor or Speaker into the House of Lords, the King sends the Black Rod to the Commons to bring up their Speaker, who being confirmed by the King, goes to his Chair in the Commons, ushered with the other Sergeants at Arms, and so when each Speaker retires from each House, each Sergeant is to each a Conductor. A Corollary to this First Part. I Have now shown the General Warrants for Summoning a Parliament, and the particular Writs and Patents impowring those who are to sit in the Lord's House; as also the Act of Precedency to prevent Disorders of Places when they meet there, and given a touch of Proxies, and of the words Lords and Peers, and of other Accidental Writs, and of the Returns of their Writs, and of some who sit there without Writs or Patents, and of others who are employed there merely by virtue of Patents. And of all these I have made some Discourses, as well to revive the notions of those who need no other information, as to inform others who have little knowledge therein, but what they gain from the short Memorials of Writers, or from the imperfect Discourses which they glean from such as know some things in part, but have not the true Concatenation of the Grandeur of a Parliament. These discourses (and those intended) will (I hope) contain the whole System of this Constitution. This part hath applied itself wholly to the Offices, Degrees and Qualities pertinent to the House of Lords in general; but as to the particular Persons owning those Offices, Degrees, and Qualities; I reserve them for the Subsequent Parts of this Treatise; that is after I have discoursed of the seven remaining Exemplar Writs in the Pawn, which particularly concerns the House of Commons. Viz. To Cornwall. To Cambridge, To London, To Dover, To Lancaster, To Chester, To Carnarvan in Wales. And also shown the Writs or Precepts derivative of those seven Exemplars, and the manner of Elections and Returns of Writs and Precepts, the Discourse of which will comprehend all the County Shires, Cities and Burroughs; (which have power of Electing Members for Parliaments) I shall then show you the Places adapted for both Houses to meet in; as also of the Members Summoned and employed in both Houses in this Parliament. After these I shall speak of such Ceremonies as are used before any Members be admitted into either Houses; and when they are fixed in both Houses, I shall give an account of the most material passages, as to the renewing of Writs for supply of Members, and other distinct Operations considered as an House of Lords, or an House of Commons, and in their joint Operations as Lords and Commons Assembled in Parliament, and then of their complete Operations as an entire Parliament, consifting of the King and the three Estates, viz. the Lords Spiritual the Lords Temporal, and the Commons; and this is more particularly evident, when by passing of Acts, the King confirms what those three Estates do jointly Operate. And so I conclude with the King's power of Summoning, Adjourning, Proroguing and and Dissolving of this and all other Parliaments, and what is to be done with Records, Laws, etc. after Dissolution of any Parliament. And because I could not well reduce the copious matters of so large a Subject into my Discourses, or observations, I shall hereafter add some Annotations, as Explanitories and Enlargements to many things which are necessary or convenient to be enlarged or explained. AN APPENDIX Being A Diary of the several Sessions of the public Adjournments, Prorogations, and Proclamations relating to the Parliament which was Summoned the 18th. of Feb. 1660/1, and Disloved the 24th. of Jan. 1668/9. THE King's Warrant, and Writs of Summons for that Parliament were dated the 18th. of Feb. 13 Car. 2d. 1660. Proclamation contained in those Writs, 1660. to meet att Westminster the 8th. of May, following. Session the 8th. of May 13 Car. 2d. 1661. at Westminster, continued to the 30th. of July following. Acts Public 19 Private 21. 1661. Adjourned the 30th. of July 13 Car. 2d. 1661. to the 20th. of November following. Session the 20th. of Novemb. 13 Car. 2d. 1661. continued to the 19th. of May 14 Car. 2d. 1662. Acts Public 33, Private 39 Prorogued the 19th. of May 14 Car. 2d. 1662. to the 18th. of Feb. 15 Car. 2d. 1662/3. The King present. Session the 18th. of February. 15 Car. 2d. 1662/3. continued to the 27th. July 15 Car. 2d. 1663. Acts Public 17, Private 19, Prorogued the 27th. of July 15 Car. 2d. 1663. to the 16th. of March 16 Car 2d. 1663/4. The King Present. Session the 16th. March 16 Car. 2d. 1663/4. continued to the 17th. of May 16 Car. 2d. 1664. Acts Public 8, Private 10, Prorogued the 17th. of May 16 Car. 2d. 1664 to the 20th. of August following. The King Present. Prorogued the 20th. of Aug. 16 Car. 2d. 1664 to the 24th. of Novemb. following. By Commission. Session the 24th. of Novemb. 16 Car. 2d. 1664 continued to the 2d. of March 17 Car. 2d. 1664/5. Acts Public 12, Private 17, Prorogued the 2d. of March 17 Car. 2d. 1664/5. to the 21st. of June 17 Car. 2d. 1665. The King Present. Proclamation dated the 24th. of May 17 Car. 2d. for the further Proroguing the Parliament from the 21st. of June to a day that shall be fixed at the actual Prorogation thereof Accordingly. Prorogued the 21st. of June 17 Car. 2d. 1665 to the 1st. of August following. By Commission. Proclamation dated the 9th. of July 17 Car. 2d. 1665 for further Proroguing the Parliament from the 1st. of Aug. to the 3d. of Octob. following Accordingly. Prorogued the 1st. of Aug. 17 Car. 2d. 1665 to the 3d. of October following. By Commission. Proclamation dated the 10th. of August 17 Car. 2d. 1665 appointing the meeting of the Parliament at Oxford in respect the Plague was then at London, Accordingly. Prorogued the 3d. of Octob. 17 Car. 2d. 1665. at Oxford, to the 9th. of the same month and place. By Commission. Session at Oxford the 9th. of Octob. 17 Car 2d. 1665 continued to the 21st. of the same month. Acts Public 9, Private 1, Prorogued the 31st. of Octob. 17 Car. 2d. 1665 to meet at Westminster the 20th. of Feb. 18 Car. 2d. 1665/6. The King Present. Prorogued the 20th of Feb. 18 Car. 2d. 1661. at Westminster to the 23d. of April 1666. Proclamation dated the 23d. of April 18 Car. 2d. 1666 for Proroguing the Parliament to the 18th. Sep. following accordingly. Prorogued the 23d. of April 18 Car 2d. 1666 to the 18 of Sep. following. By Commission. Session the 18th. of Septemb. 18 Car. 2d. 1666 continued to the 8th. of Feb. following. Acts Public 5, Private 5, Prorogued the 8th. of Feb. 19 Car 2d. 1666/7. to the 10th. of October 1667. The King Present. Proclamation dated the 26th. of June 19 Car. 2d. 1667 to reassemble the Parliament back from the 10th. of October to the 25th. of July 19 Car. 2d. 1667. Adjourned the 25th. of July 19 Car. 2d. 1667 to the 10th. of October following. Session the 10th. of Oct. 19 Car. 2d. continued to the 9th. of May 20 Car. 2d. 1668. Acts Public 15, Private 24, Adjourned the 9th. May 20 Car. 2d. 1668 to the 11th. of August following. Proclamation dated the 3d. of July 20 Car. 2d. 1668 for the Parliament to meet the 11th. of Aug. and that they shall and may Adjourn to the 10th. of Nou. following accordingly. Adjourned the 11th. of August 20 Car. 2d. 1668. to the 10th. of Nou. following. Proclamation dated the 19th. of Sept. 20 Car. 2d. 1668. to meet the 10th. of Nou. as many of both Houses as may Adjourn themselves to the 1st. of March 21 Car. 2d. 1668/9. Adjourned the 10th. of Nou. 20 Car. 2d. 1668. to the 1st. of March 21 Car. 2d. 1668/6. Proclamation dated the 18th. Dec. 20 Car. 2d. 1668. reciting, that whereas the two Houses of Parliament had Adjourned by the King's directions from the 10th. of Nou. to the 1st. of March the King Declares that he will Prorogue them on the said 1st. of March to the 9th. of October 21 Car. 2d. 1669 accordingly. Prorogued the 1st. of March 21 Car. 2d. 1668/9. to the 19th. of October 21 Car. 2d. 1669. Session the 19th. of Oct. 21 Car. 2d. 1669. continued to the 11th. of December following. In this Session no bill past the Royal assent. Prorogued the 11th. December 21 Car. 2d. 1669 to the 14th. February 22 Car. 2d. 1669/10. By Commission. Proclamation dated the 23d. of Decem. 21 Car. 2d. 1669 requiring the Members of both Houses to attend at the time prefixed at the last prorogation, viz. the 14th. Feb. 22 Car. 2d. 1669/70. accordingly. Session the 14th. Feb. 22 Car. 2d. 1669/70. continued to the 11th. of April 22 Car. 2d. 1670. Acts Public 8, Private 16, Adjourned the 11th. of April 22 Car. 2d. to the 24th. of October following. Proclamation dated the 21st. of April 22 Car. 2d. 1670 requiring the Members of both Houses to attend the prefixed time, viz. the 24th. of October 22 Car. 2d. 1670. Session the 24th. Oct. 22 Car. 2d. 1670 continued to the 22d. April 23 Car. 2d. 1671. Acts Public 26, Private 30, Prorogued the 22d. April 23 Car. 2d. 1671 to the 16th. of April 24 Car. 2d. 1671. The King Present. Proclamation dated the 27th. Sept. 23 Car. 2d. 1671 declaring the King's resolution to Prorogue the Parliament from the said 16 of April to the 30th. of October following Accordingly. Prorogued the 16th. of April 24 Car. 2d. 1672 to the 30th. of October following. By Commission. Prorogued the 30th. of Dec. 24 Car. 2d. 1672 to the 4th. of Feb. 25 Car. 2d. 1672/3. By Commission. Session the 4th. Feb. 25 Car. 2d. 1672/3. continued to the 29th. March 1673. Acts Public 10, Private 11, Adjourned the 29th. of March 25 Car. 2d. 1673 to the 20th. of October following. Prorogued the 20th. of Oct. 25 Car. 2d. 1673 to the 27th. of the same Month. By Commission. Session the 27th. of Oct. 25 Car. 2d. 1673 to the 4th. of November following. No Bills past this Session. Prorogued the 4th. of Nou. 25 Car. 2d. 1673 to the 7th. of January 1673/4. The King Present. Proclamation dated the 10th. of Decem. 25 Car. 2d. to require the Members of both Houses to attend the 7th. of Jan. following. Session the 7th. of Jan. 25 Car. 2d. 1673/4. continued to the 4th. Feb. 26 Car. 2d. 1673/4. No Bills past this Session. Prorogued the 24th. of Feb. 26 Car. 2d. 1673/4. to the 10th. of Novem. 26 Car. 2d. 1674. The King Present. Proclamation dated the 1st. of July 26 Car. 2d. 1674 declaring the King's pleasure to prorogue the Parliament to the 13th. of April 1675. Proclamation dated the 3d. Septem. 26 Car. 2d. 1674 for Proroguing the Parliament from the 10th. of Nou. to the 13th. of April 1675 27 Car. 2d. Prorogued the 10th. of Nou. 26 Car. 2d. 1674 to the 13th. of April 1675 27 Car. 2d. By Commission. Session the 13th. of April 27 Car. 2d. 1675 continued to the 27th. of June following. Acts Private 5, Prorogued the 4th. of June 27 Car. 2d. 1675 to the 13th. of October following. The King Present. Session the 13th. of October 27 Car. 2d. 1675 continued to the 22d. of November following. No Bills past. Prorogued the 22d. of Nou. 27 Car. 2d. to the 15th. of Feb. 28 Car. 2d. 1675/6. Proclamation dated the 20th. of Dec. 28 Car. 2d. 1676 requiring both Houses to give their attendance on the 15th. Feb. next. Session the 15th. Feb. 28 Car. 2d. 1676 continued to the 16th. of April 29 Car. 2d. 1677. Acts Public 10, Private 14, Adjourned the 16th. of April 29 Car. 2d. 1677 to the 21st. of May following. The King Present. Acts Public 10, Private 14, Proclamation dated the 2d. of May 29. Car. 2d. 1677 requiring both Houses to give their attendance the 21st. of May. Session the 21st. May 29 Car. 2d. 1677 continued to the 28th. of the same Month. Adourned the 28th. of May 29 Car. 2d. 1677 to the 16th. of July following. Adjourned the 16th. of July 29 Car. 2d. 1667 to the 3d. of December following. Proclamation dated the 26th. of Octo. 29 Car. 2d. 1677 for Adjourning the two Houses of Parliament from the 3d. of Dec. to the 4th. of April 30 Car. 2d. 1678. Proclamation dated the 7th. of Decem. 29 Car. 2d. for Adjourning both Houses back from the 4th. of April 30 Car. 2d. 1678 to the 15th. Janu. 29 Car. 2d. 1677/8. requiring the Members of both Houses to attend that day. Adjourned the 15th. of Jan. 29 Car. 2d. 1677/8. to the 28th. of the same Month. Session the 28th. of January 29 Car. 2d. 1677/8. continued to the 27th. of March 30 Car. 2d. 1678. Acts Public 2, Private 13, Adjourned the 27th. of March 30 Car. 2d. 1678 to the 11th. of April 30 Car. 2d. 1678. Adjourned the 11th. of April 30 Car. 2d. 1678 to the 15th. of the same Month. Adjourned the 15th. of April 30 Car. 2d. 1678 to the 29th. of the same Month. Session the 29th. of April 30 Car. 2d. 1678 continued to the 3d. of May following. Prorogued the 13th. of May 30 Car. 2d. 1678 to the 23d. of the same Month. By Commission. Session the 23d. of May 30 Car. 2d. 1678 continued to the 15th. July following. Acts Public 9, Private 12, Prorogued the 15th. of July 30 Car. 2d. 1678 to the 1st. of August following. By Commission. Prorogued the 1st. of August 30 Car. 2d. 1678 to the 29th. of the same Month. By Commission. Proclamation dated the 2d. of August 30 Car. 2d. 1678 requiring the Members of both Houses to give attendance on the 29th. of August. Proclamation dated the 8th. of August 1678 declaring that the Parliament shall be prorogued the said 29th. of Aug. to the 1st. of Oct. 30 Car. 2d. 1678. Prorogued the 29th. of August 30 Car. 2d. 1678 to the 1st. of Oct. following. By Commission. Proclamation dated the 25th. Sept. 30 Car. 2d. 1678 for the further Proroguing the Parliament to the 21st. of Oct. in the same Month. By Commission. Session the 21st. of Oct. 30 Car. 2d. 1678 continued to the 30th. of Dec. following. Acts Public 1, Private 0, Prorogued the 30th. of Dec. 30 Car. 2d. 1678 to the 4th of Feb. 31 Car. 2d. 1678. Proclamation dated the 24th. of Jan. 30 Car. 2d. 1678/9. wherein the King discharges the Members of both Houses from meeting the 4th. of Feb. 31 Car. 2d. 1678 and declare the Parliament Dissolved. Dissolution the 24th. Jan. 30 Car. 2d. 1678/9. but in the Proclamation His Majesty further Publisheth his pleasure that Writs should be issued for another Parliament to meet the 6th. of March following, viz. 31 Car. 2d. 1678/9. I did design to defer the Printing of this Diary till I publish some discourses of the nature of Sessions, Proclamations, Adjournments, Recesses, Prorogations, and Dissolutions, but because it will take long time before I shall publish them, some friends did persuade me to add this Appendix as very useful to all such as may have any recourse in point of times to matters transacted in this Parliament (of which I chief treat) Summoned the 18th. of Feb. 1660/1. 13 Car. 2d. and ended the 14th. January Car. 2d. 1678/9. and though the dates of Session etc. are repeated in several Paragraphs, yet it is so ordered for the case and advantage of him that desires to satisfy himself in the Chronological questions of that Parliament, without looking on the Antecedent or Subsequent Paragraphs. FINIS. A CATALOGUE OF BOOKS, Printed for Tho. Bassett at the George in Fleetstreet. AN Institution of General History, or the History of the World in two volumes in folio by Dr. William Howel Chancellor of Lincoln. Printed 1680. Historical Collections, being an exact Account of the Proceed of the four last Parliaments of the Renowned Princess Queen Elizabeth, containing the Journals of Both Houses with their several Speeches, Arguments, Motions etc. in folio, writ by Hayward Townshend then Esq Member of Parliament, Printed 1680. The Ancient Right of the Commons of England Asserted, or a Discourse Proving by Records, and the best Historians that the Commons of England were ever an Essential part of Parliament, By William Petyt of the Inner Temple Esq Of the French Monarchy, and Absolute Power and also a Treatise of the three States and their power deduced from the most Authentic Histories, for above 1200 years, and digested this latter, by Mat. Zampini de Recanati. L. L. D. The Politics of France, by Monsieur P. H. Marquis of C. with Reflections on the 4th. and 5th. Chapters: wherein he censures the Roman Clergy, and the Hugonots; by the Sr. l'Ormegregny. Le Bean Pleadeur, a book of Entries containing Declarations, Informations, and other select and approved plead with Special Verdicts, and Demurrers, in most Actions real, Personal, and mixed which have been argued, and adjudged in the Courts at Westminster, together with faithful references to the most Authentic printed Law books now extant, where the Cases of these Entries are reported, and a more Copious and useful Table than hath been hitherto printed in any book of Entries, by the Reverend Sr. Humphrey Winch Knight sometime one of the Justices of the Court of Common Pleas. A Display of Heraldry, manifesting a more easy access to the knowledge thereof than hath been hitherto published by any, through the benefit of Method; whereunto it is now reduced by the study and industry of John Guillim; late Pursuivant at Arms. the 5th. Edition much enlarged with great variety of bearings, to which is added a Treatise of Honour Military, and Civil, according to the Laws and Customs of England, collected out of the most Authentic Authors both Ancient and Modern, by Capt. John Logan, illustrated with Variety of Sculptures suitable to the several subjects, to which is added a Catalogue of the Atcheiuments of the Nobility of England, with divers of the Gentry for Examples of Bearings. Now in the Press Dr. Heylins' help to the English History with very large Additions.