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 call'd as I said the Great Seal and hath properly six Clerks to attend it but increas'd 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 publick Matters about which these three Officers are concern'd this is certain that the Clerks of these three Offices excluding none in some form or other are concern'd in the Warrants and Writs c. 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 Ecclesiasticks yet having this Office he had his Writ of Summons and Place in the Lords 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 call'd Clerk of the Privy Seal and from 28 Edw. 3. when Sir Michael of Northumberland was Keeper of the Privy Seal Sir being an Epithite given in those days to the Clergy and still in use in the Universities for Batchelors 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 expresly 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 entred Castos privati sigilli and he being so in 31 H. 8. when the Act was made his Precedency was setled as is therein shewn and there first intituled 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 mention'd 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 entred 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 mention'd 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 observ'd were Ecclesiasticks before 30 H. 8. but since that time this Office hath been conferr'd only upon such as were Temporal Lords above the degree of Barons and not under 8. This great Officer hath also an appartment near the Lords House for his accomodations and sometimes us'd for the Lords Committees as will be shewn 9. These four last mention'd are plac'd in this order in the Lords House whether or not they be of any of the Noble Degrees John Lord Roberts of Truro Lord Privy Seal was Summon'd by Writ of Feb. 1661. See Chap. 2. SECT X. Of the Lord Great Chamberlain of England THE five foregoing Officers of State viz. Vice-Gerent Chancellor Treasurer President and Privy Seal were anciently chosen out of Ecclesiastick Degrees but those which I am now to speak of except the Secretaries being for the most part also Clergy-men were chosen out of Laicks persons of the greatest Merit Fortunes or Families and had their Places as they were annext 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 c. these Tenures were call'd 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 Imployments are about the King's Court yet the word Camerarius which we call Chamberlain was like to that among the Romans call'd 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 Kings Person but when they are otherwise commanded to his Imployments 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 injoy'd for many Successions by the Earls of Oxford till Richard the Second by violence took it away the House of Commons 1 H. 4. pray'd the King that it might be restored to Richard then Earl of Oxford being as it was then alledged his due Inheritance yet in 1 H. 6. that King granted it to the Duke of Glocester 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 imploy'd and for that and other purposes he hath also an Appartment near the Lords House as will be shewn 5. Montague Bertie Earl of Lindsey Lord Great Chamberlain of England was summon'd by Writ Feb. 18. 1661. See Cap. 2. SECT XI Of the High Constable of England IT may be well suppos'd that Constabularius Angliae was instead of Comes stabuli amongst the old Romans which
of God King of England Scotland France and Ireland Defender of the Faith c. To Our right Trusty and well beloved Counsellor Sir Edward Hide Knight Chancellour of England Greeting Whereas We by our Council for certain great and urgent Causes concerning Vs the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and Continuance of the same have appointed and ordain'd 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 White-hall 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 Proceedings 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 it self 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 deriv'd The Warrant is in English Sign'd by the King 's own Hand and Seal'd with his Privy Seal or Signet but the Writs are always in Latin or anciently some few in French and are Seal'd with the King 's Great Seal in his Name with a Teste of his Approbation though not manually Sign'd or Seal'd by him The Warrant is General viz. for summoning the Nobility as also for Elections of Knights Citizens and Burgesses but the Writs deriv'd from those Warrants are to particular persons of particular degrees as will be shewn 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 publick satisfaction the words of every Writ are always Quia de advizamento assensu Concilij nostri and this Council is call'd 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 summon'd 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 advis'd and resolv'd upon At the Court of White-hall Feb. 1660 1. The KING Present His Royal Highness the Duke of York His Highness Prince Rupert William Lord Arch-Bishop of Canterbury Juxon Edward Earl of Clarendon Lord Chancellor of England Hide 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 Guilford 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. Albans Jermin Edward Earl of Sandwich Montague Arthur Earl of Anglesey Annesly Charles Earl of Carlile 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 sign'd and seal'd 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 Court-gate and Capital City of London of the King's Resolutions of which I shall speak more in the Chapter of Proclamations The Lord Chancellor c. 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 requir'd 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 c. 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
Indentur ' in t ' ipsum Vic' illos c. Nolumus autem quod idem Vic' c. Et Electionem illam in pleno Com' praedict ' sic factam distincte aperte sub sigillo Com' praedict ' sigillis eorum qui electioni illi interfuerint nobis in Cancellar ' nostram Angliae ad dictos diem locum certificetis indilate remitten ' nobis c. ut supra REX Camerario suo Com' Palatini sui Cestriae vel ejus locum tenenti ib'm salutem Quia c. usque tractatum Vobis mandamus firmiter injungend'quod per seperalia brevia nostra sub sigillo nostro Com' praedict ' debite conficiend'detis in mandatis tam Vic' nostro ejusdem Com' Cestr ' quam Vic' nostris Civitat ' Cestr ' quod facta proclamatione in prox ' Com' suis post receptionem eorundem brevium nostrorum tenend'de die loco praed'dictus Vic' dc'i Com' Cestr ' duos Milites gladio cinctos magis idoneos discretos Com' praed' praed'Vic ' dc'ae Civit ' Cestr ' duos Cives dc'ae Civit ' de discretioribus c. Et nomina eorundem Milit ' sic eligend'in quibusdam Indentur ' in t ' ipsum Vic' Civitat ' illos qui hujusmo'i Electioni interfuerint Ac nomina praed'Civium sic eligend'in quibusdam Indentur ' in t ' ipsos Vic' Civitat ' illos qui c. Nolumus autem quod idem Vic' dc'i Com' Cestr ' nec praed'Vic ' Civitat ' praed'nec aliquis c. Et Electiones illas in plenis Com' Civitat ' praed'sic fact ' distincte aperte sub sigillo Com' 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' Carnarvon salutem Quia c. usque tractatum Tibi praecipimus firmiter injungend'quod facta proclamatione in prox ' Com' tuo post receptionem hujus brevis nostri tenend'de die loco praedictis unum Militem Gladio cinctum magis idoneum discretum Com' praedict ' de quolibet Burgo vocat ' le shire Town ejusdem Com' unum Burgensem de discretioribus c. 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 Margents 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. IV. 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. begins 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 c. is so entred 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 WrÃt in Latin Breve quia brevibus paucis verbis intentionem Legis exponit And of these in the Common Law some are call'd Original and others Judicial the Original if I do not miscount them from the Register of Writs are 727 in Number and these are us'd 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 call'd 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 seal'd 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 seal'd 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 clos'd up in yellow Wax and so seal'd with the great Seal of England and then as will be more fully shewn after I have discours'd distinctly of the Writs sent with Labells 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 chiefly concern the House of Lords viz. by Patents of Creations as also some Officers as will be shewn and all these are call'd Patentia or Letters Patents because they are not inclos'd 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
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 Common-wealth 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 Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom He is nevertheless pleas'd 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 Kings 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 Kings Highness nor of the other whether the Kings Majesty be there Personally present or absent 2. And forasmuch as the Kings Majesty is justly and lawfully Supream 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 Cromwel 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 Cromwel having the said Office of Vicegerent and all other Persons which hereafter shall have the said Office of the grant of the Kings Highness his Heirs or Successors shall Sit and be plac't 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 dissent 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 plac't 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 President of the Kings 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 Houshold the Kings Chamberlain and the Kings 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 President of the Kings 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 Kings Son the Kings Brother the Kings Vncle the Kings Nephew or the Kings Brothers or Sisters 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 Kings 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 Kings 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 remembred 7. And it is also Ordained and Enacted by Authority aforesaid That all Dukes not afore mention'd 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 accustom'd 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 President of the Kings 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 dissent 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 Tryals 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 call'd to such Tryals in manner and form as is above mention'd and rehears'd 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 President the Lord
Person to adjust their Parliamentary expences Westminster being anciently the Kings Court and still within its Verge and his Lordships Jurisdiction 4. His place is appointed by the Act of Precedency in this order not but that he was Summon'd to Parliaments before that Act as may be seen in several Clause-Rolls of Rich. the 2d c. but after the said Act viz. 36. H. 8. Charles Duke of Suffolk was Summon'd 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 Kings Houshold THat High-Chamberlain before mentioned is called Magnus Camerarius Obs I. but this hath not that Epethite of Magnus and yet his authority is very great within the Verge of the Kings Court so that though there is some Subordination yet in many great Regalios he hath an intire 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 sutable to the Majesty and Grandure of such as are imployed there 2. He hath been anciently summon'd 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 Cromwel 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 call'd the Kings 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 Summon'd again primo Jacobi and in the 15. Car. 1. Philip Earl of Penbrook was Summon'd Camerario Hospiti sui and to this Parliament first Edward Earl of Manchester Camerario Hospitij then Henry Earl of St. Albans 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 Kings Houshold was Summon'd so by Writ 18. Feb. 1661. Vid. Cap. 2. SECT XVI Of the Principal Secretary of State HE brings up the Honourable Rere 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 us'd 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 shew 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 t is 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 Zodiack 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 then 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 then the Writ is the same as to that noble Person to whom the Office is anext or if any be Summon'd meerly virtute Officij without annexation to the Degree of some Lord Spiritual or Temporal Lord then the Writ is only as an Assistant Writ and they sit in the Lords House but as Assistants without Vote c. as will be shewn 3. Sir Edward Nicholas Knight was summon'd by Writ dat 18. Feb. 1661. Vid. Cap. 2. and now I proceed to the fixt Nobility call'd 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 fixt Nobility as they are consider'd in Distinct Degrees and these are not mention'd distinctly in the Kings Warrant for Summoning a Parliament but referr'd 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 indu'd 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 resolv'd 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 fixt Hereditary Nobles diversifide into 6 Degrees viz. Princes of the Bloud of whom I have spoken in Cap. the 4th Dukes Marquesses Earls Viscounts and Barons not of the Bloud and descend no lower and these are capacitated by such Creations and Writs to sit in the Lords House The Minores he begins at Knights for he wrote before Baronets were known Esquires and Gentlemen and descended no lower and out of these the Knights Citizens and Burgesses for Parliaments are Elected and Compos'd 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
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 then 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 no other Title than Bishop till Eugenius the Ninth of that See took upon him the name of Papa or Pope and afterwards Hildebrand call'd 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 Brittain and in that Letter leaving the ordering of Ecclesiastical affairs in Brittain to the King declared him to be Christs 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 Flamins did constitute Bishops and so there was an amity between the Archbishops and Bishops of Brittain and the Archbishops or Popes of Rome neither of them strugling for Priority but still carrying on the work of Christianity But the Emperours of Rome declining in their power and the Pope still taking advantage of their declinations grew at last so considerable with the Emperours 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 Brittain 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 enjoyned obedience to their Universal Jurisdiction that the name of Pope might be the more authentick It was used in many parts of the World besides Rome for it is said that about 300. years after Christ Nestorius the Heretick 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 Brittain to make sure that none should be placed there but such as should be dependent on Rome he confirm'd 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 Bishopricks with such Foraigners or others as had a clear dependance on Rome by Promotions Stipends or Forraign Interests amongst the rest Faelix a Burgundian was made Bishop of Dunwich in Suffolk the fifth Bishoprick then in rank of which I shall speak more and so in a few years after all the Bishopricks which were then and soon after added were filled up with his dependents as also all Abbies Priories Monasteries c. 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 fix'd 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 back'd by so great a Temporal Prince as the Pope of Rome joyned with the Interest which by long continuance they had gained from the Emperours the Kings of this Island had little success in their struglings For wâ— see King John tried it to his coâ—â— 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 Abbies which have the Kings 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 Inlarging 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 c. 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 c. 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 shew the King's Power above Ecclesiastick 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 Ecclesiastick Preferments or in Suing to the Court of Rome for Reversing any Judgments 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
Decree made in the Star-Chamber which is Printed in Poltons Abridgment he is Stiled 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 stiled 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 Stiled Defender of the Faith and Lord of Ireland and on Earth Supream 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 Supream 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 wrot accordingly and so did his Son Edward the sixth on His Great Seal and in Publick 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 Cicily Arch-Dukes of Austria Duke of Milan Burgundy and Brabant Countess of Hasburgh Flanders and Tyroll quite jostling out Supream 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 Supream 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 Monarchs 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 Supream 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 justifie 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 Supream Governour 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 Supream 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 Majesties Broad Seal so to do and he approving their said Ordinances and Constitutions So here the word Supream Head is changed into Supream Governour 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 justifie both Titles the very same year of his Return Anno 1660. he publish'd a Declaration to all his loving Subjects well worth the reading concerning Ecclesiastical Affairs which shews both his Christian condescention to his Subjects and Justifications to those two Titles for which he is styl'd by Writers Supream Moderator Now though in all Parliament-Writs which have come to my view and in other publick 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 c. 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 c. These and other matters seeming trivial though proving dangerous in the consequences were yielded to as condescentions to gratifie 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 ripen'd 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 manag'd 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 subtil way of redeeming their credits in this King's Preservation at Worcester yet still underhand endeavouring to subvert the whole Fabrick of this Kingdom as was discovered about the end of this Parliament 1678. which determin'd my publick Employments and therefore shall leave that Subject to other Pens Thus the new Empire of Rome and the old Empire of England have strugled through many Ages for Supremacy It is the Interest of England to be quiet within its own liquid Arms and so increase it self with other Kingdoms and States by a real mutual Traffick and Commerce But it is the Interest of Rome to be troublesome and increase it self in all Kingdoms and States without any real commutation or advantage to any but it self 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
Conquerours time there have been 62 Archbishops and Bishops employ'd 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 c. But for other Offices in respect I find them not mention'd 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 c. 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 oppos'd 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 onely God in all Regalities as may be seen in the Parliament Rolls of Rich. 2d Hen. the 6th and in other Kings Reigns and since Hen. the 8th the Bishops and Clergy under them have been almost the only Bulwark against the Storms and Incroachments 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 Seigniors singly and Signiors du Parlement also Lords and Lords Spiritual and Barons claiming onely 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 Tryals 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 c. 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 Dependents very numerous yet I do not find in Histories that the Bishops of England did ever raise an Army to justifie 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 Summon'd to Parliaments and of other great employments wherein they have been intrusted of a mixt nature part Civil and part Ecclesiastick 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 entred 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 annext to a Barony and after to his Title of Earl as will be shewn 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 Orators to give this Description Hunc saith he rerum omnium cognitione omni Doctrinarum virtutumque genere instructissimum ornatissimum ingenioque ad omnia versatili omnia in numerato habere oportere fatendum est This Discription is also to be applyed to the Keeper of the Great Seal which invention of a publick 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 Conquerer in the Year 1067. and for the honour of both as it is shewn 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 Laicks 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 shew them the reasons of Summoning them unless in a Vacancy or
in the year 778. when Charles the Great being then King of France and soon after Emperour of the West did put all the Government of France into the hands of Twelve of the most eminent Nobles who thereupon were call'd by the Title of the Twelve Peers of France being Pares Gubernatores Franciae or in their Language Paires d'France whereof six were Lords Spiritual viz. the Archbishop of Reims the Bishops of Laon and Langres who also were stil'd Dukes the Bishops of Beauvois Chalois and Nôyon which three latter were also stil'd Comtes or Earls and six were Lords Temporal viz. the Duke of Burgundy Normandy and Guienne the Earls of Flanders Champaigne and Tholose the six Ecclesiasticks 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 Favorits without limitation by number of six as the King thinks fit but those who are do injoy 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 Archdeacons 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 proportion'd 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 confin'd 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 shewn 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 reconcil'd for the old Writers who mentioned five might intend the five Degrees of Nobility under the Princes of the Blood viz. Dukes Marquesses Earls Viscounts and Barons which makes the compleat Temporal Degrees in Parliaments And what others write of Fifty that number without doubt did relate to the number of which those five Degrees did in those days consist which were now increast 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 Kings 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 fourty 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 us'd 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 c. 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 Governers of Monasteries or of such Houses as were possess'd 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 mixt 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 shewn did dissolve them so that the Bishops have ow 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 then they were equally Summon'd 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 shewn Dukes began and as they increased did step in before Earls and Barons and in Rich. the Seconds time Marquesses began and as they increast also stept in between Dukes and Earls and in Hen. the 6ths time Viscounts began and as they increast 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
from the said 16 of April to the 30th of October following Accordingly Prorogu'd the 16th of April 24 Car. 2d 1672 to the 30th of October following By Commission Prorogu'd 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 Publick 10 Private 11 Adjourn'd the 29th of March 25 Car. 2d 1673 to the 20th of October following Prorogu'd 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 Prorogu'd the 4th of Nov. 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. continu'd to the 4th Feb. 26 Car. 2d 1673 4. No Bills past this Session Prorogu'd 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 Kings 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 Nov. to the 13th of April 1675 27 Car. 2d Prorogu'd the 10th of Nov. 26 Car. 2d 1674 to the 13th of April 1675 27 Car. 2d By Commission Session the 13th of April 27 Car. 2d 1675 continu'd to the 27th of June following Acts Private 5 Prorogu'd 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 continu'd to the 22d of November following No Bills past Prorogu'd the 22d of Nov. 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 continu'd to the 16th of April 29 Car. 2d 1677. Acts Publick 10 Private 14 Adjourn'd the 16th of April 29 Car. 2d 1677 to the 21st of May following The King Present Acts Publick 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. Adourn'd the 28th of May 29 Car. 2d 1677 to the 16th of July following Adjourn'd 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 Adjourn'd 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. continu'd to the 27th of March 30 Car. 2d 1678. Acts Publick 2 Private 13 Adjourn'd the 27th of March 30 Car. 2d 1678 to the 11th of April 30 Car. 2d 1678. Adjourn'd the 11th of April 30 Car. 2d 1678 to the 15th of the same Month. Adjourn'd the 15th of April 30 Car. 2d 1678 to the 29th of the same Month. Session the 29th of April 30 Car. 2d 1678 continu'd to the 3d. of May following Prorogu'd 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 continu'd to the 15th July following Acts Publick 9 Private 12 Prorogu'd the 15th of July 30 Car. 2d 1678 to the 1st of August following By Commission Prorogu'd 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 prorogu'd the said 29th of Aug. to the 1st of Oct. 30 Car. 2d 1678. Prorogu'd 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 Publick 1 Private 0 Prorogu'd 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 Dissolv'd 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 deferr 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 persuad 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 chiefly treat Summon'd the 18th of Feb. 1660 1. 13 Car. 2d and ended the 14th January Car. 2d 1678 9. and though the dates of Session c. are repeated in several Paragraphs yet it is so ordered for the case and advantage of him that desires to satisfie 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 Fleet-street AN Institution of General History or the History of the World in two volumns in folio by Dr. William Howel Chancellor of Lincoln Printed 1680. Historical Collections being an exact Account of the Proceedings of the four last Parliaments of the Renowned Princess Queen Elizabeth containing the Journals of Both Houses with their several Speeches Arguments Motions c. in folio writ by Hayward Townshend then Esq Member of Parliament Printed 1680. The Antient 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 Authentick Histories for above 1200 years and digested this latter by Mat. Zampini de Recanati L. L. D. The Politicks 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 pleadings with Special Verdicts and Demurrers in most Actions real Personal and mixt which have been argued and adjudged in the Courts at Westminster together with faithful references to the most Authentick 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 easie 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 Authentick Authors both Antient and Modern by Capt. John Logan illustrated with Variety of Sculptures suitable to the several subjects to which is added a Catalogue of the Atcheivments 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
assisting Interests to those three Estates The rest is divided into twenty Chapters with several Sections and Observations in them as followes 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 fixt in this Warrant SECT III. Observations and proceedings on this Warrant shewing the Kings 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 Kings 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 us'd 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 Margent 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 propos'd for treating of these Writs CHAP. III. Of the Act of Precedencies divided into observations That the Act of Precedency is concern'd in the Lords House only The nature of the Act The Title of the High Court of Parliament used in that Act The Siting 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 Lords 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 Lords House yet not mentioned in the Act but in the Pawn Of former Proceedings in the House of Lords omitted in this Act. CHAP. IV. Of the Degrees concern'd in the Act of Precedency SECT I. Of the Kings Privy Councellors Of the word Council apply'd to individual Persons and to an Assembly Of the Kings Privy Council Of several other of the Kings Councils Of the Kings 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 Councellors in our Councils Elected for merit Of lesser Councils and Parliaments in this Kingdom Of the Privy Council and Parliament how sometimes mixt 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 Arch-Bishop hath precedence SECT III. Of the Kings Vicegerent Declaring the Kings 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 supply'd 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 plac'd Call'd Lords Spiritual Anciently they did manage the Chief Offices of the Kingdom Of their Priviledge in the Lords 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 President of the Kings Council Of it's Antiquity Discontinuance and Supply Of other Lords Presidents 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 concern'd in the Summons of Parliaments Of his Antiquity in Sitting in the Lords House Formerly supply'd by Ecclesiasticks now by Temporal Lords These three last mention'd Great Officers are thus Plac'd whether they be Nobles or not SECT IX Of the Lord Great Chamberlain Rais'd by Merit Had lands given to hold in Grand Sergiantry consisting of great Immunities The Antiquity of the Title Confer'd 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 c. Their Power formidable to former Kings Devolv'd 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 Heraulds 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 plac'd in the hands of some of the Chief of the Nobility Had antiently 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 Antient and Present Summons to Parliaments and of his Vses there SECT XIV Of the Lord Chamberlain of the Kings House Of his Authority and usefulness before in Parliaments Of Antient Presidents 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 Esteeme 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 Lords House the Minores the Commons House SECT II. Of Dukes Duke from the Latin word Duco Dux Antiently Earls were Prior to Dukes in England How Dukes got the Priority Of the several Titles attributed to Dukes Duke and Earl promiscuously us'd And of the name Grace apply'd to Dukes in England Dukes were in England before they were formally Created The time
to amuse the World about Grebners Prophecy viz. that Carolus E stirpe Caroli Erit Carolo Magno Major but none can pretend to a greater interest in that Prophecy then 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 then 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 AL FRAVNCE CRIES O HELP VS 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 Shewing how a Parliament CONSISTS Section I WHen Families increast into Villages Towns Cities large Countreys 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 Supream 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 proceedings in their Councils might have the more solemn Effects and Veneration several Nations in imitation have since given distinct names to their Supream 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 Supream Council called the Sanhedrim consisting of secular Persons viz. One Prince as their chief Head besides Seventy others of mixt 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 Supream 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. Laicks 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 Colledge consisting of Ecclesiasticks but the name of Senate at Rome hath been long since drown'd 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 shiver'd into several Proprietors lest it should grow again too great was brought to a Dyet 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 Michel 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 Wise-men 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's time but Sir Edward Coke in his Institutes is pleas'd to cite one Precedent before the Conquest When saith he the word Parliament was here us'd but it seems it did not continue a fix'd 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 us'd again till once in Henry the Third's time as some say but we are certain that it was us'd in the 15th of Edward the Second as I shall shew 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 Parly 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 parly or confer their minds to each other for the good of the Publick 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 govern'd by the Lords Spiritual and this Estate hath Jurisdiction over the whole Kingdom not only considering
was commonly taken for the Master of the Horse to the Emperour and is a Place still of great Honour in most parts of Europe but I conceive he was rather call'd 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 nam'd 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 happen'd 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 fixt in the Earl Marshal of whom I shall speak next however it hath left a name of great honor and use those of Honor are the Constable of Dover c. those of Use are the high Constables and Constables disperst in all parts of England 4. Whilst this great Officer was of constant use he was constantly summon'd 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 summon'd 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 turn'd into an hac vice and so only granted upon the Solemnity of Coronation and thereupon is not mention'd in any following Pawns to this time or was of any use in this Parliament SECT XII Of the Earle 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 Ams and matters of War when it happens in Forraign or Domestick 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 't is very probable had its Original from Mars the Romans God of War and was the same which they call'd Comes Militum 2. However with us this Great Officer had and hath several Courts under his Jurisdiction viz. the Court of Chevalry now almost forgotten and the Court of Honor now quiet layd aside but the Sedes Mariscalli or Court of Marshalsee is still in being where he may sit in Judgment against Criminals offending within the verge of the Kings Court and the chief Officer under him is call'd the Knight Marshal 3. As also the Herauld Office or Colledge where when doubts arise concerning Descents Pedegrees Escuchteons c. he determins them this was Incorporated by Ric. the 3d. and many priveledges added by Philip and Mary 4. and 5. 4. Heraulds amongst the old Romans were a certain Order of Priests call'd Faeciales and so term'd because Bello paceque faciendo apud eos jus erat pronuntiare c. they were also call'd Caduceatores from a little wand which they carried whereon was fixt two wings to represent Mercury the nimble Messenger of War quod Contentionem Bella Cadere facerent 5. This Office or Colledge consists of 3 Regulators of Arms Ceremonies Pedegrees and Descents of Nobility and Gentry the first is call'd Garter Rex Armorum Principalis chief King at Arms and is also an Officer to the Soveraign and Knights Companions of the most noble order of the Garter the 2d call'd Clarentius also King of Arms but his Jurisdiction is only on the Southside of Trent The 3d. call'd Norray also King of Arms for the Northside of Trent these two being confin'd but Garter not consin'd 6. Besides these there are 6 more properly call'd Heraulds quasi Honorem tenentes Haeredes Aulae dicentes such as are able to give an account to the Court of Heyres to Families and these have distinct Titles distinguishing their Imployments viz. 1. York 2. Lancaster 3. Somerset 4. Richmond 5. Chester 6. Windlesour 7. And there are also 4 Under Graduats call'd Pursevants or such who with readiness do pursue the Commands of their Superior Officers properly in Marshal Causes and therefore call'd Pursevants at Arms to distinguish them from other Pursevants 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 Heraulds I shall speak more as they are imployed 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 summon'd 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 entail'd on the Heirs Males of his Body which failing yet the Title of Mowbray descending on Thomas Earl of Arundel King James did by Pattent make him Earl Marshal for life and he was Summon'd 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 suppos'd to be a Lunatick and upon that account kept close at Padua in Italy but soon after by the Solicitation of Henry Howard next Brother and Heir to the said suppos'd Lunatick the Dukedom of Norfolk was restor'd 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 setling this Office upon him and the Heirs Males of his Body with a large Intaile for want of such Issue to the next Heir Male of that Noble Family So Henry was Summond about the middle of this Parliament as Earl of Norwich with the Title also of Earl
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 antiently Leaders of Armies and thereby gain'd that Title as might be shewn from Histories and were it not for hindering my other intentions I might recite most of the Learned Seldens Authorities which he hath rendred from other Authors concerning Dukes but in short he tels 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 prioritie of Earl and further saith that both Dukes and Earls from Substitutes to their Princes in certain dependent Territories became afterwards Soveraigns as the great Duke of Tuscany c. and the Earl of Flanders c. still owning the Titles of Dukes or Earls though they had gain'd an intire and independent Soveraignty 2. The diversity of Names attributed to Dukes both in sacred prophane and modern stories were according to the humour of the region where they sway'd for in some Nations he was call'd Princeps Magnus Illustrissimus Robustus Millenarius that is a Duke or Leader of a Thousand Men in other Countries Grave Waiward and Despot and still the words Duke and Earl promiscuously us'd 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 call'd 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 tryal of Peers for the Princes and Dukes of the Blood are intituled 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 us'd here in England before Edward the Third's time for History tells us of Asclepiodolus Duke of Cornwal in Anno Christi 232. which was in the time of our old Britains and well might he be call'd Duke for disgarrisoning of all the Roman Holds Prideaux Introduct to Hist and for his quick Marches to London and killing the Governour thereof and for many other Heroick 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 then Duke of Cornwal and from thence that County was erected to a Dutchy or Dukedom and many more Dukes both in that King's time and almost in every Kings 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 meer probability and these two sorts have sat in former and in this Parliament as will be shewn 5. As they are distinguish'd in their Titles so they are also in their Coronets Robes and Habits c. 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 summon'd 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 appendant Titles were mention'd in their Writs but George Duke of Albemarle in his Writ is intituled Generalis exercituum suorum and is plac'd 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 preceed all of the same degree as other degrees do being a Title not mention'd in the Act though on some occasions he preceeds by vertue 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 annext 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 summon'd 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 c. although his great merits might well have deserv'd an additional Clause to that Act for his precedency 7. Three Dukes were summon'd 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 fixt Nobility is intituled Marquio Obs I. and Marquess in English which began in Germany Anno Christi 925. when Henry Emperour of Germany and the first of that Name in that Empire Created Sigefred then Earl of Kinglesheim Marquess of Brandenburgh who after in the Year 1525. having the addition of Duke of Prussia did exchange the Title of Marquess to be call'd Duke of Brandenburgh However he was the first Marquess of that Empire and probably the Emperour 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 us'd till this Title of Marquess was interpos'd 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 Vt ne posset saith the Patent in dubium revocari Ducem ipsum qui Comes fuit aliquando c. ut Ducem in posterum deberet vocari c. 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
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 gain'd 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 Dissention 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 Summon'd 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 Arch-Bishop 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 observ'd 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 Bishops 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 Archdeacons c. were to be Forwarn'd Cited or Summon'd by the Bishops and yet this Clause of the Praemonentes in their Writs was not constantly us'd in after-times 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 Seal'd 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 shewn 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 ascrib'd to himself who had also tryed several experiments to have been made Pope and probably the Passions of Hen. 8. and the Cardinals disappointments therein might hasten the dissolution of the Abbots and other proceedings in order to the lessening the Popes 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 Intituled himself Adrian the 4th so that from Higynus's 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 Joane be allow'd 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 Entring this Writ is to shew 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 Cardinals 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 rais'd 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 over-ballanc'd 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 Stiled Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector 3. It may be observed that amongst many other Titles he Intitled himself Presbyter to gratifie all interests 4. Though H. 8. might intitle 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 shewn the first Writ among the Pawns I shall proceed to the Writs in the subsequent Pawns and then shew 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 intituled King of Ireland and Supream 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 Supream 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 plac'd next unto Praemonentes in this Writ the words were Praemonentes Decanum Capitulum because Abbies and Priories were newly dissolv'd and Deanaries Constituted and so the Writs thus alter'd 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 shewn 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 restor'd by the same power of King Lords Temporal and Commons by
but from his insight and transacting in matters of a more transcendent nature which dayly also come before him either of Publick or Private Concerns But in all Transactions in this World there is a Right and a Wrong which latter is term'd Unjust and sometimes it may be positively judg'd 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 esteem'd Right or that Right by necessary fix'd 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 gain'd 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 Vertues the wisdom of all Governours hath by the help of these learned Professors establish'd certain Rules to direct men which the Latin call Regulae from Regere intimating the care of Governours 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 dispers'd 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 tunable unwritten Instructions and after when mens dispositions grew more and more deprav'd there was something of Coertion added to those Laws which Coertions or inflicting of Penalties for disobedience to those Laws increas'd 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 satisfie 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 obtain'd but by knowing and obeying good Laws 6. For these are they as the learned Sir John Davies says to which all Kingdoms and Common-wealths are indebted for all their temporal blessings of Peace Plenty Civility and all moral parts of honesty By these saith he we injoy 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 Thieves the Sea of Pyrats 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 Griev'd Counsels to the Perplex'd Reliefs to the Circumvented Preventions of Ruin to the Improvident Preservations to the Innocent Supports to the Impotent they Relieve the Oppress'd 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 attain'd to so great a sagacity as to know how to apply them to the publick 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 rendring him in one sence even Superior to the Law it self for the Law it self 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 Dispensers of Laws is so ancient that in former times they were call'd Justitiae as containing that vertue not only in the singular but in the plural number and afterwards they were call'd Justitiarii Angliae and Justitiarii without addition of Angliae and after Justitiarii Regis which last Title was to the four Justices of the Kings 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 applyed 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 call'd 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 shewn in the management of the Revenue of the Crown and these four also were and are constantly mixt with the other Eight in their Itineranciis in all making Twelve 9. And for further Honor 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 call'd the Kings Bench to the Master of the Rolls or Keeper of the most eminent Office of Records the Rolls Chappel 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 Kings 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 shewn and with the other five do make fourteen of the first and second Orb and as a further addition of Honor 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 shewn The third Orb of the Professors of Law are not usually above six in number yet sometimes more sometimes fewer as will be shewn I mean of such only as have Summons to sit in Parliament and these have Courts also allotted for them viz. the Kings Serjeants at Law the Kings Attorney General the Kings Sollicitor General have the Inns of Courts though common also to under Graduates and Students and the two principal Secretaries of State have the Kings 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 Summon'd by Writs to the High Court of Parliament when ever it Assembled and there they are also dignifi'd with peculiar Places appointed for them and many Priviledges 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 imploy'd in the Lords 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 Ecclesiastick 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 c. 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 esteem'd Learned their Learning indues 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 Publick 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 inlarging the old as in possitively preserving them for when a Buttress hath sustain'd an House many years and is it self decayed by time it is to the safety of the House to have another Supporter in its room for tempora mutant mores and mores may justly mutare leges considered according to the diversity of circumstances and herein consists the great Master-piece 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 propos'd Method go on with the fifth Exemplar mention'd 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 ' c. 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 foremention'd 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 intermix'd 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 call'd Consimilars in the Pawns are mention'd 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 seal'd under our great Seal for the accomplishment of the same as in like cases hath been us'd and accustom'd 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 c. in such method and form and directed to such persons as are and have been usual in such cases c. Now that the Lord Chief Justice and the Consimilars of which I am to speak have been anciently and usually summon'd I have and shall shew 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 c. 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 Lords House I shall treat distinctly of them so soon as I have ruin through
some few mix'd 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 c. R. F. Militi salutem Sciatis quod constituimus vos Justitiarium nostrum Capitalem ad placita coram nobis tenend'durante bene placito c. Teste c. 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 injoy 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 shewn 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 Kings Bench nor the respective Patents by which the other Justices enjoy their respective Offices do intitle them to sit in the Lords House without such an especial Parliament Writ of Assistance as is shewn 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 Kings 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 shewn 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 shewn in the Observations on the Lord Chancellors Writ the rest will be shewn 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 c. In this Writ the words after Regni nostri viz. Ecclesiae Anglicanae are omitted for the Church in those days was almost wholly manag'd by Ecclesiastick Persons who were Conversant in the Civil and Canon Laws c. but in the 26th of Henry the Eighth when the power of the Pope was here abridg'd those words Ecclesiae Anglicanae were entred 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 c. were sometimes Summon'd by Peeral Writs that is by such Writs that were sent to the Nobles and then the words ac cum Praelatis c. 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 Summon'd meerly as Assistants the words cum Praelatis c. were left out and so have been ever since Edward the Fourths time 8. This Parliament Writ is directed Capitali Justitiario nostro ad placita c. and so is his Writ by which he enjoys that great Office yet his common and general appelation is Capitali Justitiario Angliae which we call Lord Chief Justice of England and sometimes Lord Chief Justice of the Kings 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 apply'd to a single Person is us'd 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 Abby ingraven 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 esteem'd 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 Priviledges 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 Misdemeanors and the House of Commons have likewise sent to him to come to their House upon the like occasions