Rewards in store which they conferr'd proportionably to their Services and such Rewards were purposely reserv'd for such as had either given good Counsel or followed it by venturing their Lives and Fortunes for preservation of the Empire and some such Orders were made in our Edw. the 3ds time and confirmed by many Successive Councils as may be read in Sir Edw. Coke and Judge Dodridge 12. There are also other lesser Councils besides what I mentioned before as the Common Council of London and the like though not for number in other Cities which relate only to the Government of those Cities and Counsellors at Law and the meeting of such degrees as are qualified for that purpose are called in some of the Inns of Court Parliaments which relate only to matters of Law and Government of their Societies and Councils of War and Trade and many of these are great Assistants and often imploy'd both in the Privy and publick Council of the Kingdom 13. I have been the longer on this subject because all the Degrees hereafter mentioned are Members either of the Kings Privy Council or the Parliament or both yet their Writs of Summons are not singly Conciliario but by annexation to those Degrees which are capacitated to be Counsellors but the Degrees mentioned in the Act of whom I treat next are constantly of the Privy Council or Parliament but there are only some of the Parliament which are of the Privy Council by which means matters are more easily manag'd between the King the Privy Council and the Parliament the one constantly Sitting the other Summon'd only upon Emergencies of State which latter being thus Constituted it may well be call'd Magnum Concilium Animarum or a Council of Souls rather than Bodies so as the King may say with Cicero Conscientia conciliorum meorum me Consolatur i. e. The knowledge and Conscientious concurrence of minds or Souls for so Conscientia sometimes siguifies and integrity of my Counsellors are my Consolation 14. In the first Chapter I have shewn the List of the Privy Council who gave their Advice as t is said in the Warrant for Summoning the Parliament to begin the 8th of May 1661. and all but one of them had Summons and did sit in the Lords House or were Elected for the Commons House yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland The Duke of Laderdale being a Scotch Lord was not Summon'd till he was made Earl of Gilford some years after The Duke of Ormond was Summon'd as Earl of Brecknock in Wales the Lord Anthony Ashly Cooper was chosen a Burgess of Dorsetshire for the House of Commons but his Writ was time enough to sit in the Lords House Sir Charles Berkley Knt. was chosen a Burgess in Somersetshire and soon after made Lord Fitz Harding an Irish Title and so continued in the House of Commons to his death Sir George Cartret Knt. and Bar. was chosen Burgess for Portsmouth and continued in the Commons House to the end of that Parliament Sir Edward Nicholas Knt. was Summon'd to the Lords House but Sir William Morrice was chosen Burgess for Plymouth and continued with the Commons to his death Now I proceed with the chief of such as are for the most part of the Kings Privy Council mention'd in the Act and do with others of lesser Degreees Constitute both the Privatum and Magnum concilium or Parliament SECT III. Of the Princes of the Bloud IN this Act the King by vertue of his Kingly Office for so is the word in the Act and Prerogative Obs I. having power to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom especially to his Council or Parliament gives the Priority of all Places and Precedings to these following seven Degrees of the Bloud-Royal viz. 1. to the Kings Son first entituled Prince of Wales in the 11. Edw. the 3d. 2. to the Kings Children 3. to the Kings Brother 4. to the Kings Uncle 5. to the Kings Nephew 6. to the Kings Brothers Son 7. to the Kings Sisters Son all of these have Title of Earls or Dukes and any one of these where others in priority are wanting are to be accounted the first in their own seven Degrees and are Prior to the 5 following Degrees which comprehend all the Lords Temporal and these as they happen to be more or less have their distinct Writs as also their proceedings to all or any other Degrees either Spiritual or Temporal Official or Hereditary of whom I shall speak more in the following Sections and Chapters but if there be a failour of any of these or that they are absent from Parliaments in respect of Minority or otherwise then some of the Lords Spiritual have precedency to the Lords Temporal as will be shewn All that were Summon'd of this Degree to this Parliament were only the Duke of York the Kings Brother and Prince Rupert his Sisters Son Sect. Cap. 2. Fig. 1. and 2. SECT IIII. Of the Kings Vice-Gerent or Vicar-General Obs THe words of the Act are That forasmuch as the Kings Majesty is justly and lawfully Supream Head on Earth under God of the Church of England and for the good Exercise of that most Royal Dignity and Office viz. of Supream Head of the Church hath made Thomas Lord Cromwel who was not only Lord Privy Seal as in the Act is exprest but Master of the Kings Jewel-House Baron of Okham Knight of the Garter Earl of Essex and Lord Great Chamberlain 2. His Vice-Gerent for the good and due administration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction and for the Godly Reformation of all Errors Heresies and Abuses in the said Church so as he injoy'd Dignities and Offices of a mixt nature Ecclesiastical and Civil and thereby was placed above all the Lords Spiritual and above all the Lords Temporal of the following Degrees and not only in respect of his Temporal Dignities but as Vice-Gerent in Ecclesiasticals had power given him and to his Successors in that Office to sit above those Degrees in Parliament and to have a Voice and Liberty to assent or dissent as other Lords 3. But there hath been none imploy'd in this Office since that time as needless I conceive for the Archbishops of Canterbury and York in their Provinces and the Bishops in their Diocesses have ever since in a manner suppli'd the Duty of that Office under their own Titles and by their own Jurisdictions especially the Archbishop of Canterbury who is rankt in the next place in this Act and in all Pawns except this where some of the Bloud Royal are not exemplars SECT V. Of the Arch-Bishops and Bishops Obs I THE Title of Bishop is more ancient than the Title of Christian as I shall shew in the seventh Chapter however it became more general after Christianity spread it self The word comes from the
and Recesses so he gives the second Fiat to its Dissolution he hath also an appartment near the Lords House as will be shewn for himself to retire to and for his Serjeant at Arms and others of his Attendants Thus having considered the Lord Bishops and Lord Chancellors Writs I must observe how exquisitely and harmoniously these two Degrees are interpos'd both in their sitting in the Lords House and in the method of their Writs in Pawns and in the Act of Precedency being placed in all of them between the first and second Rank of the Lords Temporal as it were to shew that the Lords Temporal are always to embrace and maintain Religion and Equity as the two chief Supporters of a Parliament I have spoken of the first Supporters to Religion and Equity viz. Princes of the Bloud and now I shall speak of the other Supporters viz. the Nobles not of the Bloud distinctly five Titles viz. Dukes Marquesses Earls Viscounts and Barons but more especially of their Writs which Summon them to sit in Parliament which will guide me into several observations CHAP. IX Of the Fourth Exemplar Writ to the Nobles not of the Bloud-Royal To the Lord-Treasurer c. IN the Eighth Chapter I shewed the Exemplar Writs to Princes Dukes and Earls of the Bloud-Royal I am now according to the method of this Pawn to shew the Exemplar Writs to Dukes Marquesses Earls and Barons not of the Bloud I shall begin with that in Anno 1661. being agreeable to that Exemplar before recited to the Dukes of the Bloud from the word Salutem to the end of the Writ but the Preambles to that word do afford variety almost in all Writs and therefore before I make the Observation upon it I shall give a view of the Writ at large being only abbreviated in the Pawn CArolus Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Praecharissimo Consanguineo suo Thomae Comiti Southampton Thesaurario Angliae Salutem Quia de Advisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae ' Anglicanae concernen ' Quoddam Parliamentum nostrum apud Civitatem nostram Westm ' 8. die Maii prox futur ' teneri ordinavimus ac ibidem vobiscum ac cum Magnatibus Proceribus dicti Regni nostri Colloquium habere tractatum vobis sub fide ligeantia quibus nobis tenemini firmiter injungendo mandamus Quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dictis die loco personaliter intersitis nobiscum ac cum Magnatibus Proceribus praedictis supra dictis negotiis tractatur ' vestrumque Concilium impensur ' Et hoc sicut Nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedictae expeditionem dictorum negotiorum diligitis nullatenus omittatis Teste Rege apud Westm ' 18. die Febr. Anno Regni nostri 13. SECT II. Observations 1. ALl Parliamentary Exemplar Writs of this nature which are extant from the 15. of Edward the Second to the 21. of Henry the Eighth if they were not directed to some one of the Heirs of the Crown or to Princes Dukes or Earls of the Bloud were still directed to an Earl not of the Bloud except Three to Three Dukes in Henry the Sixths and Edward the Fourths time it being evident from what hath been said That Earls called in Latin Comites was a more ancient Title in this Kingdom than Dukes Richard the Eldest Son to Edw. the Third being the first that was so created but Earls long before and though Edward the Third did create many Dukes more than his Son which were of the Bloud yet still to keep the old Title of Earl and in veneration thereof as may be supposed he in the Fourty Seventh of his Reign did think sit as the King usually appoints the Sword to such a Person as he directs to carry it before him to grant the Exemplar Writ to an Earl not of the Bloud for the Parliament to be holden that year and so did his Successor as may be seen in this following Table viz. 47. Edw. 3. Richardo Comiti Arundel who sat one Parliament 18. Rich. 2. Henrico Comiti Darby who sat one Parliament 3. Hen. 5. Radulpho Nevile Comiti Westmerland and the like Writ in the same year so he sat two Prrliaments 7. Hen. 5. Henrico Percey Comiti Northumbr and the like in the same year and in the Eighth and Ninth of this King and Twelfth of Hen. 6. so he sat five Parliaments note that the Christian names and Sirnames of Nevile and Percey are in this Writ which is not usual to Earls only the Christian names The three Exemplars to Dukes not of the Bloud are in time subsequent to Earls for the first Exemplar to a Duke was not till 28 H. 6. Gulielmo Duci Suffolciae who sat one Parliament 38 H. 6. Henrico Duci Oxoniae who sat one Parliament 1 Edw. 4. The third Johanni Norfolciae and the like in the same year so he sat two Parliaments And then after these Three Dukes again to an Earl viz. 3 Edw. 4. Richardo Comiti Warwick who sat one Parliament so from the 47. of Edw. 3. to Rich. the 3. there was Eight not of the Bloud viz. Five Earls and Three Dukes who had Exemplars From Richard the Third to the 21. of Hen. 8. there is as I have shewn a want of Records in the Tower so as the first Exemplar that appears to us in the Pettibag of such as had Exemplar Writs being not of the Bloud do begin at the 36. of H. 8. viz. 36 Hen. 8. Thomae Wriothsley Militi Domino Wriothsley Cancellario he sat one Parliament and was the year before made Baron of Titchfield and in the first of Edw. 6. Earl of Southampton 1 Edw. 6. Gulielmo Pawlet Militi Domino Senescallo magni hospitii nostri ac Praesidenti Concilii nec non Custodi magni Sigilli He was then Lord St. John of Bazing and afterwards created Marquess of Wincester 6 Edw. 6. Gulielmo Marchioni Winchester Thesaurario Angliae Thomas Goodrick Bishop of Ely being Chancellor and had his distinct Writ this Marquess had his several Writs viz. in the 6 of Edw. 6. and 7 of Edw. 6. and 1 Mariae and 1 M. 1. and 2 Phil. and M. and 2 and 3 P. and M. and 4 and 5 P. and M. in which time the Bishops of Ely Winchester and Archbishop of York were Lord Chancellors and had distinct Writs it being not proper for them being Lords Spiritual to be Exemplars to the Lords Temporal besides he was Exemplar in the 28. 30. 35. 39. and 43. of Eliz. and Primo Jacobi in which time Sir Thomas Bromley and Sir Christopher Hatton were Lord Chancellors and Sir John Puckering and Sir Thomas Egerton LordKeepers and each of them had distinct Writs so as it
is remarkable that this William Lord Pawlet Marquess of Winchester was Exemplar in all the Parliament Pawns which are extant in the Pettibag from the first of Edw. the Sixth to the first of King James inclusive which is 55. years and was in that time Lord Treasurer 22. years which was longer than any of his Predecessors continued in that Office except Cicil who continued 27. years 1 Car. 1. Georgio Duci Buckingham for one Parliament Sir Thomas Coventry being then Lord Keeper and had a distinct Writ and Sir Richard Weston Treasurer who was then in Scotland 15 Car. 1. Johanni Marchioni Winchester for one Parliament Sir John Finch being then Lord Keeper of the Great Seal and had a distinct Writ also Will. Bishop of London was Lord Treasurer and had his Writ 13 Car. 2. Thomae Comiti Southampton for this Parliament Sir Edward Hyde being then Lord Chancellor and had his distinct Writ this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166 So from the 36. of H. 8. to this Parliament of the 13. of Car. 2. there were three Exemplars to Three Barons Two of them being Chancellors and one Lord Keeper and to Two Marquesses to one Duke and to one Earl and all these not of the Blood Now as to the three Barons having Exemplars which Degree had not any before the 36. H. 8. it may be presumed that the Exemplars were given them in relation to their Offices as Lord Chancellor or Lord Keeper or President of the Kings Council And as to the two Marquesses having Exemplars who had not any till the 6. of Edw. 6. one was as he was Treasurer and the other in the 15. of Car. 1. only as Marquess because there was no Duke Summon'd to that Parliament and Sir John Finch was then Lord Keeper and William Bishop of London Lord Treasurer and both had distinct Writs so there was none of the three great Officers of State remaining to be Exemplars except Henry Earl of Manchester then Lord Privy-Seal who according to the fore-mentioned Act of Precedency is placed in the Lords House before all Dukes Marquesses c. not of the Blood but I suppose because there was no President wherein the Lord Privy-Seal had been Exemplar since its first Institution in the 11. of Hen. 4. and being not called Lord Privy-Seal nor that place in the Lords House allotted to him till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal but to the Marquess singly or else it was an omission in not minding the Act of Precedency These latter Writs from the 36. of Hen. 8. did seem to break the method of the former for before that Pawn of that year no Dukes or Marquesses were made Consimilars where an Earl was made Exemplar but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar and the Duke of Norfolk then Lord Treasurer of England and Charles Duke of Suffolk the Great Master of the Kings Houshold and President of the Council were besides the Marquess of Dorchester and Thirteen Earls and Twenty eight Barons made his Consimilars so as the precedency of his Exemplarity must be ascribed to his Chancellorship which according to the Act of Precedency was to be before all Dukes c. not of the Blood and upon the same reason Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper had the Exemplar Writ and the Duke of Somerset though the Kings Uncle Governor of the Kings Person and Protector of England as also the Marquess of Dorchester and Marquess of Northampton and Thirteen Earls and Thirty Barons were his Consimilars which is the only President which I know of where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Bloud and upon the like reason as I conceive in the 6 of Ed. the 6. William Marquess of Winchester being Lord Treasurer the next in Precedency to the Lord Chancellor by the Act of 31. H. 8. had the Exemplar to two Dukes one Marquess Fourteen Earls One Viscount and Thirty one Barons all which were his Consimilars and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor was because Thomas Goodrick Bishop of Ely was then Lord Chancellor and so it was not proper for that Bishop to be Exemplar for the reasons before alledged Now in the first Car. primi Thomas Coventry being Lord Keeper and having a distinct Writ the Duke of Buckingham had the Exemplar who had one Marquess Thirty seven Earls Eleven Viscounts and Fourty seven Barons to his Consimilars Also in the 15. Car. 1. John Marquess of Winchester Son to the former Marquess of Winchester was made Exemplar Sir John Finch being Lord Keeper who had a distinct Writ and William Bishop of London being in Scotland but he had no Duke or other Marquess but Fifty eight Earls Five Viscounts and Forty four Barons his Consimilars and so reduced the proper Consimilars to its former method But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer Grandchild to the former Earl of Southampton altered it again there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor for this Earl had three Dukes one being General Four Marquesses Fifty five Earls Eight Viscounts and Sixty eight Barons his Consimilars I conceive as Lord Treasurer for according to ancient Practice as I have shewn an Earl had not any Dukes entred as his Consimilars The number of all the Exemplar Writs extant from the 15. of Edw. the 2d in An. 1322. to the 13. of Car. 2di An. 1661. are but Twenty and but Fourteen Kings from whom they were granted The number of the Parliaments in which the Nobles did Sit to whom such Exemplars were issued were 107. and these 107. Parliaments were in the space of 341. Years As concerning the years when these Exemplars were first issued to the respective degrees of Nobles before mentioned they are in this order of time 15 Edw. 2. This first Exemplar Writ as I have shewn was to an Earl and 〈◊〉 was of the Bloud viz. to Edward 〈◊〉 of Chester Eldest Son to Edw. 2. and â—â—â—ter King Edw. the 3d. for there was then no Duke in England 3 Edw. 3. The first Exemplar Writ to a Prince of the Bloud was to the same Earl being then made Prince of Wales 37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year though the first Duke in England distinct from that of Earl as Mr. Selden saith was the Eleventh of Edw. 3d. and then Edward the Kings Eldest Son was in Parliament created Duke of Cornwall yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when saith he he was created Prince of Wales Duke of Aquitain and Cornwall which agrees with the Records of the Tower and
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
of Commons c. These Patent Writs have no other appellation than Literal or Letters Patents as I said But the Parliamentary close Writs are divided into two Titles viz. Exemplars and Consimilars and though the word Exemplar is not us'd in the Pawns yet the word Consimile is constantly us'd there which doth imply an Exemplar The Exemplars are Writs set down at large in the Pawns and the Consimilars are Writs not inserted in the Pawns and yet are to have a consimilitude with their Exemplars the Exemplar being so made upon some extraordinary reason as will be shewn hereafter As for those Writs which concern the House of Lords of which I only treat in this first Part as they are more in number than any of the other Houses not including derivative Writs Precepts or Citations so they are of a more nice nature in respect as I said they are personal for a distinct Writ is to be provided for every individual Lord sitting in the Lords House but not so in the House of Commons or lower Convocation as will be shewn and though the main body of the Writs in those concerning the Lords House do differ but little from the Writs of former Kings or from those of the House of Commons yet the Titles do very much vary in every Parliament partly by the new Creation of Barons partly in their Ascension from Barons to higher degrees and partly by splitting of Titles upon extinction of Families and for other causes they are in few years subject to variation in Titles wherein every Lord is exact in having his due and therefore some of the Heralds as I said according to the several districts of the Kingdom under their managements are or ought to be consulted with that the Clerks may commit no mistakes either in their Titles of Grace and Favour or in their Titles of Rights and Concessions before the Writs be sealed and the not effectual doing this which ought to be done might occasion some mistakes and differences between the Exemplar and Consimilary Writs in point of Titles as will be shewn The other parts of the Writs as well in Exemplars as Consimilars which concern not the Titles of the Peers are the same both in the declaratory and mandatory parts except some few words of which I shall take notice in my proceedings and herein I shall not trouble my self with shewing what reasons were given in some Writs for summoning a Parliament or what in others or the reason of those Reasons and why in some there were no Reasons given only a short Mandamus All Writs at large recited in this and all former Pawns are the Exemplars of all other Writs of Summons for a Parliament which are not in the respective Pawns whereby these in this Pawn with the addition of the Bishops Exemplar Writs which are entred in all former Pawns did and do now make 12 Exemplars but the Writs which are not recited in this and former Pawns which I term Consimilars at the calling this Parliament were in all 262. Some of the 12 are Exemplars and other Writs have a consimilitude to them yet have no positive Consimilars appointed them whereof there are but three viz. One to the Lord Chancellor in the Lords House and to the two Palatines in the Commons All Writs of Summons to the House of Lords both Exemplars and Consimilars are Personal and Local but all Writs of Summons for the House of Commons are only Local These 12 Exemplars are in this following method stated with their Consimilars viz. those 5 for the Lords House are   Exemplar  Consimilar I. To the Duke of York 1  1 II. To the Archbishop of Canterbury 1  25 III. To the Lord Chancellor 1  0 IV. To the Earl of South-hampton L. Treasurer 1 In this Parliament 3 Dukes 4 Marque 55 Earls 8 Visc 68 Barons 138 V. To the Chief Justice of the Kings Bench 1  15 So there was in the Lords House 5 Exemplar Writs and 179 Consimilars in all 184. The remaining Exemplar Writs relating to the House of Commons are 7. of which I shall speak more in the next part of this Treatise viz. VI. To Cornwall 1  4 VII To Cambridge 1  1 VIII To London 1  18 IX To Dover 1 Cinqports 7 X. To Lancaster 1  0 XI To Chester 1  0 XII To Carmarthen 1 Wales 11 So there is for the Commons House 7 Exemplars and 73 Consimilars in all 80 Writs in both Houses 264 So many Exemplar and Consimilar Writs were issued to Constitute this Parliament An. 1661. in the Lords House to Countreys Shires and Comitated Cities and Towns in the Commons House whereof some years after its Sitting one Exemplar and one Consimilar was issued for the Bishoprick of Durham all the rest of the Writs for Cities Towns and Burroughs not Comitated of which I shall give an account do lose their names of Consimilars when the Exemplar Writs do come to the respective Sheriffs for then they pass from the respective Sheriffs under the titles of Precepts or Derivative-Writs as shall be more fully discourst of in the second part where I treat of the House of Commons Now I shall proceed to the Act of Precedencies and give a short description of such as are to be Summon'd for the Lords-House only because I speak more amply of their Individual-Writs whereby they are Summon'd CHAP. III. Of Precedencies HAving shewn the Kings Warrant and the Lord Chancellors and the Record made up in the Pettibag call'd the Parliament Pawn and given a touch of the nature of Writs in general and in particular of Parliamentary Writs of Summons consisting of Writs Exemplar and Consimilar as also an hint of Precepts or Derivative-Writs from those Exemplars which are to be more fully treated of in the 2d part I shall proceed to the Act of 31 of Hen. the 8th concerning Precedencies in the Lords House occasion'd from the defect or long disusage of Pawns or other State reasons for there being no Pawns extant but as I said from the 21 of Hen. the 8th to this time the other being by Endorsment c. on the Records in the Tower or Rolls Chappel Our King Hen. the 8th did make this Act of Precedencies which hath its chief Reference to the time when a Parliament is Sitting and so not proper to be inserted in this place seeing my design in this first part is to treat of matters previous to a Parliament before I speak of matters Sedente Parliamento yet it may be allow'd in respect I make no other present use of it than to inlighten the Readers with the Characters of such Persons and Degrees as are to have Writs of Summons to sit there according to that Act and therefore I shall first shew a Transcript of that Act then some Observations upon it and then give some short discourses of the Noble Degrees therein mention'd in order to their Writs which shall distinctly follow The
Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. one who is in Doctrinam mores sacros gregis Inspector and when Bishops grew numerous it was thought fit to place one to look after them and he had the addition of Archos i. e. principalis and so call'd Archi-Episcopus or Arch-Bishop having a certain number of Bishops and their Diocesses reduced to his Province or Care so that the Arch-Bishop of Canterbury with his own Diocess hath twenty two Diocesses or Bishopricks of the twenty six within his Province and the Arch-Bishop of York hath with his own four which makes in all twenty six besides the Bishop of Man who hath no Writ of Summons Anciently these Arch-Bishops and Bishops with Abbots Priors Deans Arch-Deacons and Proctors making the two Convocation-houses were summoned to appear two days before the Temporal Lords but since Henry the Eighth's time when Abbots and Priors were excluded the Bishops are summon'd to meet the same day that the Parliament begins but as Convocation-houses they are not summon'd to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parliament and those two Convocation-houses are seldom Adjourn'd Prorogu'd or Dissolv'd in three or four days and sometimes longer after the two Houses of Lords and Commons are Adjourn'd Prorogu'd or Dissolv'd These Arch-Bishops and Bishops considering them upon a Baronial account distinct from the Convocations are entred in all Clause Rolls and Pawns next the Blood Royal except when there was a casual interposition as this last of Vice-gerent and their places distinctly set down as in this Act viz. the Arch-Bishop of Canterbury then the Arch-Bishop of York and the other according to Seniority or Antientry as the word of the Act is till the Bishops of London Durham and Winchester were as by this Act fix'd in their Precedencies to the other twenty one and yet there is another method of Precedencies us'd in the Lords House and in all Solemnities by way of counterchanging of Precedencies between the Lords Spiritual and Temporal as will be shewn These twenty six injoy their Offices of Bishops upon a Spiritual and Ecclesiastical account and therefore are call'd Lords Spiritual their Ecclesiastical serving in ordine ad piritualia These for many Ages did manage the Offices of Chancellor and Keeper of the Great Seal also of Treasurer President Privy-Seal and Secretary of which I shall speak more but since Henry the Eighth's time these five Offices have been distinctly manag'd by Laicks of the chiefest quality and merit and the Bishops in a manner circumscrib'd to the Jurisdiction of their respective Diocesses which are of a kind of mixt nature consisting of Spiritualities and Temporalities In the Lords House they have almost equal Prividledges with the Lords Temporal except in matters of Blood when in respect of their Canons they commonly withdraw themselves appointing Proxies and entring Protestation but these Priviledges are not Hereditary like the Temporal Lords but meerly Successive and their Writs are somewhat of a different Nature from those to the Lords Temporal in point of extent concerning the Convocation-houses which do make a kind of a Parliament annext to a Parliament of which I shall speak more at large But how the Bishops were Summon'd may be read in the seventh Chapter SECT VI. Of the Lord Chancellor or Lord Keeper Obs THis great Officer being not only recited in this Act but having a peculiar Writ of Assistance in this and other Pawns which the next Ten Officers following have not in respect of their Offices I shall discourse more fully of him so soon as I have given a short view of the Ten remaining to be spoken of Edward Hyde Baron Hyde and Lord Chancellor was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VII Of the Lord Treasurer of England Obs THis Officer being joyn'd also in this Pawn to the Earl of Southampton then Lord Treasurer and in former Pawns to other Degrees and being intended to be discours'd of in the fourth Exemplar and in the fifth Section of the Barons of the Exchequer I shall defer its inlargement to those Chapters Thomas Earl of Southampton Lord Treasurer of England was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VIII Of the Lord President of the King's Council Obs I THis Officer from the time of King John was call'd Principalis and Capitalis Consiliarius and so continu'd till Queen Elizabeth's time and after not us'd till once in King Charles the firsts time and ever since to the end of this Parliament the Lord Chancellor or Lord Keeper hath supply'd the duty of that Place though not the Title the difference of granting them was that one was always by Patent and the other only by delivery of the Great Seal 2. There are also other Lord Presidents which sit in the Lords House viz. the President of Wales and President of the North but being not mention'd in this Act and the latter not sitting in this Parliament I refer them to my Annotations as also other Presidents of lower Degrees as of Colleges c. SECT IX Of the Lord Privy-Seal Obs IN Edward the Third's time and long after this Office was call'd Keeper of the Privy or Private Seal distinguishing him from the other call'd the Keeper of the Great Seal afterward he was call'd Clerk of the Privy-Seal Clerk being then a Title of Eminency and Gardien del Privy-Seal and in 34 H. 8. Lord Privy-Seal 2. He hath his Office by Patent but the Keeper of the Great Seal as I said only by delivery of that Seal and 't is very probable that this Office was in imitation of that which was us'd by the Romans the Officer whereof was call'd Comes privatorum and as Cassiodore calls him the Governour of the King 's private Affairs 3. Whilst the Court of Requests was in use he was also call'd the Master of it being Master or Superiour to the Four Masters of Requests who were to receive peruse and present all Petitions to the King or to the Parliament in time of Parliament and direct the Petitioners in the right way of proceeding in their business and for want of this direction many men are ruin'd by crafty and unskilful directors and the Parliament troubled with needless applications for I conceive this Court was plac'd as will be shewn between the House of Lords and House of Commons for the Masters to sit there in time of Parliament as Tryers of Petitions to either House and were to judge whether the matter was proper for either House or any other Court which doubtless did take off a great expence of time from both Houses and from intangling them in matters which were properly relievable in other places 4. There are three forts of Seals which are chiefly us'd for publick Affairs two of them pass under the names of Privy or Private the other the Great or Broad-Seal yet for a clearer distinction one of the two is call'd the Privy
Signet and hath four Clerks to attend its Office the other the Privy-Seal and hath also four Clerks to attend its Office and the third is 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
Marshal and Duke Thomas dying at Padua about the end of this Parliament Henry the Brother succeeded in the Dukedom and sat as Duke of Norfolk and Henry the Eldest Son of the said Duke Henry being then intituled Earl of Arundel did sit as Earl of Arundel and Lord Mowbray so as that Title of Earl Marshal is in Duke Henry and the Title of Mowbray in the Earl of Arundel and that Title of Earl Marshal only inpossibility to come again into Mowbray And this may be added that during Duke Thomas his Life James Earl of Suffolk by Deputation did execute that Office for reasons which I leave to other Writers SECT XIII Of the Lord Admiral of England Obs I THE Kings of England do constantly make Admirals of Squadrons of Ships but the Admiral which I am here to speak of is the highest of all intituled the Lord Admiral of England and may be well call'd Admirals from their seeing and knowing the mirabilia or Wonders of the Deep The Greeks call'd this Officer Thalassiarcha from Thalassa the Sea and Archos the Chief at Sea and from thence the Romans according to the Latin Idiom call'd him Thalassiarchus and of later days Admirallus which is no Latin word and in English Admiral 2. To him is committed the Government of the King of England's Navy and Power to decide all causes Maritim as well Civil as Criminal and of all things done on or beyond the Seas in any part of the World and many other Jurisdictions on the Coasts and in Ports Havens and Rivers and of such Wrecks and Prizes as are call'd by the Lawyers Lagon Jetson and Flotson that is Goods lying in the Sea floting on the Sea or cast by the Sea on the shore admitting some few exceptions and Royalties granted to other Lords of Mannors And these and all other Cases dependant on this Jurisdiction are determin'd in his Courts of Admiralty by such Rules of the Civil Law as do not invade the Common Laws of England 3. And of these Civil Laws which concern Sea assairs there are two most eminent Guiders to Civilians viz. Those made at Rhodes in the Mediterranean by the Grecians and augmented by the Romans call'd Lex Rhodia or the Rhodian Law The other made at Oleron an Island anciently belonging to England but lying on the borders of France by out King Richard the First both of which are still in great veneration 4. So as well for the Laws by which he governs the Maritim concerns as for his great Jurisdiction being as vast as the Ocean he may be said to have alterum Imperium extra intra Imperium and therefore this Honour and Care is intrusted to the hands of some one of the Blood Royal or some one or more joyntly of the most eminent of the Nobility 5. And in respect of this Power there is a constant Converse and Commerce with all parts of the World especially where the Civil Laws are practis'd and therefore it hath been the prudence of our former Kings even to this day to allot him a place in the Lords House as to the Marshal of England for both of their concerns are chiefly manag'd as I have shewn by the Civil Laws so as the Lord Marshal and Lord Admiral may be look'd on as the two Supporters to the learned Professors of those Laws as the other Lords are to the Professors of the Common Laws and possibly the greatest number of the Masters of Chancery of whom I shall speak in order who sit in the Lords House were originally contrived to be Doctors of the Civil Laws upon this ground That if there were at any time just occasion in that House to make use of any points in that Profession they might give their advices or opinions therein 6. This Dignity as I said was ever conferr'd upon some of the chief Nobility by vertue whereof they had their Writs of Summons and their Place in the Lords House and this long before the Act of Precedency for we find the Earl of Arundel in 13 Edw. 3. and the Earl of Northumberland in 7 R. 2. the Earl of Devon and Marquess of Dorset in the same Kings time and so the Earls of Salisbury Shrewsbury Worcester and Wiltshire and others of the like Degrees recited in the Clause Rolls needless to renumerate being Admirals were summon'd and in our extant Pawns in 36 H. 8. Johanni Dudley Vicecomiti Lisle Magno Admirallo and in 1 E. 6. Tho. Dom. Seymer Magno Admirallo and in 7 Edw. 6. Edv. Fenys Domino Clinton Magno Admirallo and in 1 2 3 4 Mariae Phil. Mar. Gulielmo Howard de Effingham Magno Admirallo and in 4 5 Phil. Mar. Edw. Fenys again and Charles Earl of Nottingham in Queen Elizabeth's time and George Duke of Buckingham in King James's time and King Charles the First 's time were still summon'd to Parliament with the Title of Admiral added to their hereditary Titles in their Writs and to this Parliament Jacobo Duci Ebor. Magno Admirallo c. And all these had their places in the Lords House according to the Act of Precedency as those before the Act was made This Office was conferr'd on the Duke of York for this Parliament Vid. Cap. 2. SECT XIV Of the Lord Steward of the King's House AS for the Orthography and Etymology and Antiquity of this Title Steward Obs I. I shall refer them to my Annotations However as it is sometimes writ with a T and sometimes a D it is under four Considerations the first as it represents a Royal Name and Family and therefore for distinction this is writ Stewart with a T and hath the superintendence chief interest and influence in all Parliaments since that Name was of that use in England 2. The other three are Titles official and written Steward with a D and as a further distinction from the first in Latin they are call'd Seneschalli and this the chief of the three is call'd Seneschallus Angliae or Lord High Steward of England of whom I shall give a full account in the Chapter of the Trials per Pares and shew how this great Officer is imploy'd either in or out of Parliaments 3. The last and least Degree of the 3 is call'd also Senescallus such as are the Stewards of Corporate Towns or Mannors which are not concern'd in the Summons or of use in Parliaments otherwise than as considerable Assistants in Elections of Members to serve in Parliaments But the Lord Steward of whom I now speak was call'd in H. the 8th time Magnus Magister Hospitij Regis or the Great Master of the Kings Houshold and ever since Magnus Senescallus Hospitij Regis or the Lord high Steward of the Kings House and he hath not only an eminent Employment Trust and Authority in ordering the Kings Houshold but an Authority above all Officers of that House except the Chappel Chamber and Stables but in all Parliaments is obliged to attend the Kings
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
on a special account of Absence and then it was performed by one of the Chief Justices 5. But to pass these being more fully shewn in my Annotations I do not find in any of the Clause-Rolls or in the Pettibag-Pawns that a Chancellor or Keeper had any distinct Writs of Summons to a Parliament till the 28. of Eliz. when Sir Tho. Bromley Knt. being the Queens Sollicitor was made Lord Chancellor and Summoned by a distinct Writ in the same Form as is hereafter set down which very Form hath continued ever since And in the 35. of Eliz. Sir John Puckering being but Serjeant at Law was made Custos Sigilli and had a particular Writ of Summons to that Parliament and in the 39. of Eliz. Sir Tho. Egerton Knt. being then Master of the Rolls was made Custos Sigilli and had this assisting Writ of Summons for that Parliament and the like in the 43. of her Reign and so in the 21. of King James and in the First of Caroli Primi particular assisting Writs were sent to the Bishop of Lincoln in these words Reverendo in Christo Patri praedilecto fideli Consiliario nostro Joanni Episcopo Lincolniae magni sigilli Angliae Custodi So as he had this Writ as an assisting Writ and another Writ virtute Baroniae 6. It may here be observed that this was the only Bishop that was either Keeper or Chancellor from the First of Eliz. to this time whereas before Queen Eliz. for the most part Bishops or Ecclesiasticks did execute those Offices but whenever it was conferred upon the Laicks choice was made out of the most eminent Families as in the 26. of Hen. the Second as I said Gessrey Natural Son to Henry the Second was made Chancellor and in the 15th of King John Ralph de Nevile was made Keeper of the Great Seal and in 22. of Henry the Third Geffrey a Templer and John de Lexington were made Keepers of the Great Seal and in the 37. of his Reign his Queen upon the Kings going into Gascoine which is remarkable as I said had the Custody of the Great Seal and in the 45. of that Ring Walter de Merton was made Chancellor and in the 49. of that King Thomas de Cantilupe was made Chancellor and in the 53. Richard de Middleton made Custos Sigilli and in the 56. John de Kirkley and Peter de Winton made Keepers of the Seal and in the 2. of Edward the Third Henry de Bughersh made Chancellor In the 14. of Edw. the Third John de St. Paul made Keeper of the Seal in the same year Sir Robert Burgtheire Knt. made Chancellor and Keeper of the Seals and the like in the 15th to Robert Parning and in the 17th to Robert de Sadington and in the 19th to John de Offord and in the 20. to John de Thoresby In the Records of the same year it is said that Sir Lionel Duke of Clarence the Kings Son then Lord Keeper of England gave Command by Proclamation That no Arms should be worn sitting that Parliament whose name is omitted in the Catalogue of the Lord Keepers by Mr. Selden in his Discourse of the Office of Chancellor and Keeper and in the 45. to Sir Robert Thorpe and in the 46. to John Knivet and in the 2. of Rich. the Second to Sir Le Scroop and in the 6. of Rich. 2. to Sir Michael de la Pool and in the 11. of Hen. 4. to Sir Thomas Beaufort and in the 32. H. 6. Richard Earl of Salisbury was made Chancellor singly and in the 21. of Hen. the Eighth Sir Thomas Moor Knt. made Chancellor and Keeper and in the 24. of Hen. the Eightht Thomas Audley made Chancellor and Keeper and in the 36. Hen. 8. Thomas Lord Wriothesly made Chancellor and Keeper and in the First of Edw. the Sixth Sir William Pawlet Knt. Lord St. John of Basing made Keeper and in the same year Sir Richard Rich made Chancellor and in the First of Eliz. Sir Nicholas Bacon Keeper and the 21. Thomas Bromley Chancellor who continued so to the 28. of her Reign and was the first that I find as is before mentioned that had a particular Writ of Assistance and though in the Fourteenth of King James Sir Francis Bacon was Keeper in the Eighteenth of Jac. Henry Viscount Mandevile Lord President of the Council and Lodowick Duke of Richmond William Earl of Pembroke Sir Julius Caesar had jointly the Custody of the Great Seal and in the first Car. 1. Sir Thomas Coventry and in the 16. Car. 1. Sir Edw. Littleton and 21. Car. 1. Sir Rich. Lane were Keepers of the Great Seal yet we find no particular Writs in the Pettibag directed to any but such as I have before mentioned and to these which follow viz. in 15. Car. 1. Sir John Finch Knt. Chief Justice of the Common-Pleas was made Custos Sigilli and had a particular Writ of Summons to attend that Parliament 7. As to this Writ of 13. Car. 2. of which I am to treat it is to be observed that the Warrant before mentioned sent to Sir Edward Hyde Knt. and Chancellor to impower him to send out Writs was directed in these words To our Right Trusty and Well-beloved Counsellor Sir Edward Hyde Knt. Chancellor of England but in his Latine Writ of Assistance the words are Praedilecto perquam fideli Consiliario suo Edwardo Domino Hyde Cancellario suo Angliae leaving out Militi or Equiti aurato and putting in Domino and the reason of this variation as I conceive was That the Warrant was agreed on by the King and Council before the Third of November at which time he was Baron of Hindon and therefore in the Warrant he is named only Sir Edward Hyde Knt. but in the Writ Domino Hyde which is the Adjunct Title of a Baron as he then was and I find before the Parliament met he was created Viscount Cornbury and Earl of Clarendon and thereupon had another Writ in relation to those Dignities which was entered in the Pawn and the entry dated the 12th of April before the Parliament met and in the latter Writ he had also his additional Titles so that I observe that if the Chancellor or Keeper be above the Degree of a Baron he hath his Writ according to his Degree and therein only intimating his Chancellorship or Keepership as is before shewn in the 36. of Hen. the Eighth 1 Mariae c. But if he be not a Baron then he hath this Assisting Writ Quatenus Chancellor or Keeper as may be seen in the former Precedents from the 28. of Eliz. to this Writ of 13. Car. 2. If he be a Baron as I said he hath or may require a Baronial Writ besides this Assisting Writ The form of his Assisting Exemplar Writ is as follows the other will be seen among the Barons SECT VIII The Form of the Assisting Writ to the Lord Chancellor or Lord Keeper CArolus Secundus Dei Gratia Angliae
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
Abbots c. in their time were Pares inter seipsos and both of those Degrees were also Pares upon a Baronial account so the Dukes and Marquesses being Earls or Barons before they were created Dukes or Marquesses in respect of their Earldoms or Baronies were Peers to the Earls and Barons and the Viscounts also most of them being Barons before they were created Viscounts in respect of their Baronies were Peers also to the Barons so also upon a Baronial account they were Pares pari gradu Baroniali Till Patents of Creation did more exactly distinguish them without relation to Baronies so as now to speak properly each Degree are Pares or Prees to their distinct Degrees 9. I must here again make use of my former observation viz. That in the Writs to Dukes they were Summon'd to be present in Parliament Cum Magnatibus Proceribus and so are the Marquesses Earls Viscounts and Barons yet the Pattents to the Dukes do place them inter Proceres Magnates putting Proceres or Peers before Magnates or Lords and in the Pattents to Marquesses they are placed inter alios Marchiones and the Earls inter alios Comites and the Viscounts inter alios Vicecomites and the Barons inter alios Barones But none of the Lords Patentees except the Dukes in relation to their places do take any notice of the position of the words inter Proceres Magnates for the Earls and Barons Patents have reference only to their own Degrees and not to the three other Degrees so as Proceres or Peers is applied only to the Dukes in their Patents of Creation 10. This is all that I can satisfie my self in concerning the use of the words Lords and Peers Praelati Magnates Proceres and that this may be the more satisfactory to others I shall recite the words of the learned Selden in his Titles of Honour whose lasting Credit is beyond exception saith he Though there be a distinction of Degrees in our Nobility yet in all publick actions they are Peers or Equals as in the Tryals of Noblemen c. in which the Spiritual Lords never did or do concern themselves Personally because it is against their Canons to act in any matters which relate to Blood yet whatever Acts pass these words are inserted viz. We the Lords Spiritual and Temporal c. with the Kings Assent c. for though the Lords Spiritual consist of Archbishops and Bishops and the Lords Temporal of Princes of the Blood Dukes Marquesses Earls Viscounts and Barons yet they are all included as Peers in the words Lords Spiritual and Temporal and so in many cases the word Peers is also generally applied so that as the words Lords and Peers have been of latter times intermixedly used we cannot well make a difference between them otherwise than is before exprest 11. That the words Lords and Peers have been used promiscuously in relation to the five Degrees of the Lords Temporal is evident from the Commissions issued for the Trials of the Earl of Strafford 1640. the Lord Morley Anno 1665. the Lord Cornwallis Anno 1676. the Earl of Pembroke Anno 1678. wherein the words are Damus autem Vniversis singulis Ducibus Marchionibus Comitibus Vicecomitibus Baronibus c. without mentioning Praelatis for reasons before mentioned and though the Earl of Strafford and Earl of Pembroke were Earls yet by the Commission they were triable per Barones Viceomites Comites Marchiones Duces and not by Earls only and so though the Lord Morley and Lord Cornwallis were only Barons yet they were triable by Dukes Marquesses Earls and Viscounts and not by Barons only whereby the word Peers seems to be a word of eminency giving no real distinction to those five Degrees of Nobility so as all the Degrees of the Temporal Lords are Peers and the Peers Lords to confirm this I shall cite one passage more from Mr. Selden who saith That though we borrowed the word Peers from the twelve Peers in France yet here we apply it to all the Lords in Parliament and not to any set number of them because saith he the number of our Nobles may be more or less as the King pleaseth and as Marquesses and Viscounts were as I said interpos'd to Dukes Earls and Barons so he may abstract less or add more as he thinks most fit for the support of Nobility for he is Dominus Nobilitatis Honoris or the Fountain of Honour and that this Prerogative may be more fully seen herein in the 21. of Jacobi it being needless to quote former precedents five several Writs were issued after the Pawn was setled yet entred in the Margent of the Pawn for that year to five several persons viz. to the Lord Grandison Sir Robert Chichester Sir John Sucklin Knight Comptroler of the Kings House to Sir Thomas Edmunds Knight Treasurer of the Kings Houshold and to Sir Richard Weston Knight Chancellor of the Exchequer to summon and impower them to sit in the Lords House who otherwise had no right of Tenure Prescription or Creation So in the first of Caroli primi six several Writs were issued and also entred in the Margent of the Pawn for that year viz. to Oliver Lord St. John and again to Sir Thomas Edmunds Sir John Sucklin Sir Richard Weston and to Sir Robert Nanton Knight one of the Kings Privy-Council and to Sir Humphry May Chancellor of the Dutchy of Lancaster and so in 15 Car. primi two Writs were issued and also entred in the Margent of the Pawn for that year viz. to Charles Viscount Wilmot of the Kings Privy-Council and to Edward Newburgh Knight then Chancellor of the Dutchy of Lancaster and also of the Kings Privy-Council 12. To sum up all I apprehend That those Lords Spiritual which are summon'd by Writ to sit in Parliament are Vital Peers and the Lords Temporal so summon'd are hereditary Peers for there are other English Lords which may be but are not summon'd and thereby are no Parliament Peers yet are Lords and upon an hereditary account also for the King as I said can summon or not summon any of them when he thinks fit unless any Lord claims a right by Patent of Creation or otherwise and then upon that right he demands his Writ and it is seldom denied if the grounds of their demands be right if dubious the Case is debated in the Lords House as in the Case of the Lord Abergaveny c. Some are of opinion That the Lords Temporal are only to be accounted Peers and not the Lords Spiritual first Because they sit there rather by their Writs of Summons than Tenures as anciently they did secondly Their Titles of Lord is but vital at most thirdly In case of Treason or Felony committed by a Spiritual Lord or Lord Temporal the manner of trying them upon Indictment and Judgment upon Conviction are clearly different as will be shewn in the Chapter of Trial by Peers 13. Notwithstanding these
as happened when by their directions his Lordship sent out Warrants to Seize the five Lords of whom I shall speak in the Chapter of Tryals 11. Other uses are also made of him and some other of the Assistants in Parliament for when the Lords have any matter of importance to impart to the House of Commons then the Lord Chief Justice with the other Chief Justice or Lord Chief Baron or some other of the Judges but always one of them and no more is joyn'd with him in delivering the same but in matters of less importance two Masters of Chancery are imployed as will be shewn 12. When any Writs of Error or Writs of Habeas Corpus or Tryals of Peers or when any Pleas of the Crown or other cases Criminal Civil and sometimes Ecclesiastick or indeed any matters of Law are to be heard and determin'd in Parliament as also in the penning of new and altering explaining or repealing of former Statutes their assistances are required and more especially the Chief Justice 13. The number of Assistants Summon'd by Writ to appear in Parliament Cum caeteris de Consilio from the time of Henry the Third to the 21. of Henry the Eighth consisted of an uncertain number sometimes above fourty sometimes under but from the 21 of Henry the Eighth from which time the extant Pawns do give an exact account of them they never exceeded 27. and sometimes were not above 13. or 14. But in all Parliaments since Edw. the Firsts time some of them were Summon'd and very likely before For Mr. Prin though in his Breviary of Parliament Writs pag. 36. he tells us of Twenty four Parliaments from the 49. of Hen. the Third to the 49. of Edw. the Third and many more which he saith he omits of which Parliaments he saith there is no mention of Writs of Summons to any of the Kings Council Justices Officers or others in the Rolls of these Parliaments yet he kindly ascribes it to the negligence or slothfulness of Clerks in omitting the entries of their Writs This he saith but he had done much better for his own justification and others satisfaction being intrusted by his Majesty with the Records of the Tower if those Records which he cites both in his Breviary and many others montion'd by him in Sir Robert Cottons Abridgment now wanting might have been restored by him to their ancient Repositories there 14. As to the Lord Chief Justice and the Assistants Places in the Lords House none of them as I have said have their Places there by the Act of Precedency's but rather by custom and favour of which I shall speak more when I come to the actual Sitting of the Parliament as also of their Priviledges and Employments there 15. As to the Officers which are under the Lord Chief Justice his Jurisdiction none of them are imployed about the Summoning of a Parliament but many of them are imployed in other matters in time of Parliaments as in cases of Errors c. but more chiefly upon Tryals of Peers when only the chief Clerk of the Crown in the Kings Bench is the principal Manager of them as will be shewn 16. Regularly no Officer or Court either in Parliament or out of Parliament have greater Power or Jurisdiction or more publick affairs to manage except the Lord Chancellor in Chancery and yet in some cases above it For all appeals from the Chancery and other Courts are determin'd in this Court and no appeal from this Court but to the High Court of Parliament and all Records which are brought from other Courts into this are never return'd back into those Courts from whence they were brought and many others which might be instanc't 17. To conclude his Lordship or the other Lord Chief Justice or one of them are constantly appointed to be Speaker of the House of Lords Pro tempore when the Lord Chancellor or Lord Keeper is absent which is usually done by a particular Writ which I shall enter amongst emergent Writs Chap. 14. Thus having said as much as I think convenient concerning this Exemplar with some intermixtures of some of the Consimilars I proceed to give a short touch of each of the Consimilars more distinctly and first of the Master of the Rolls Of the Consimilar Writ to the Master of the Rolls 1. THE Office of Master of the Rolls is granted by Patent under several Titles viz. Clericus parvae Bugae Custos Rotulorum Magister Domus Conversorum and he Sits in the Rolls to hear Causes c. by vertue of a Commission to that purpose 2. But his Writ of Summons to a Parliament is directed as in this Pawn viz. Harbotello Grimston Baronetto Magistro Rotulorum Cancellariae suae and then the remaining part of his Consimilar as also the rest of the following Consimilar Writs agree in the same words with the Exemplar to the Lord Chief Justice as in Sect. the Eleventh 3. This Magister Rotulorum or Custos Rotulorum or Clericus parvae bugae is the same which we call in English Master of the Rolls anciently call'd Clerk of the Rolls but from Henry the Sevenths time when the Clergy did decline in their Temporal Imployments he was and is still call'd Master of the Rolls 4. In the absence of the Lord Chancellor or Lord Keeper he Sits as Judge in the Chancery and therefore by Sir Edward Coke is call'd his Assistant and at other times he Sits as Judge of Causes in the Chappel of that House which in Henry the Thirds time was imployed as a place of Charity to such Jews as should turn to the Christian Religion but those Jews being Banish't Edward the Third did dispose of it for the keeping of Records and joined it to the Office of Custos Rotulorum and of the Pettibag which Office of Pettibag seems to be a lesser Bag or place of Records 5. So that he hath three Titles viz. Clericus Pettibagae or Clerk of the Pettibag he being the chief of three Clerks more of that Office Secondly Magister Rotulorum or Master of the Rolls or Clerk or Preserver of such Records as do at any time pass the Great Seal and are sent to his Custody either in the Office of the Rolls called the Rolls Office or to the Pettibag Office where his under Clerks do attend on purpose to produce them as occasions require Thirdly His third Title is Master of the Chancery which Title is given to twelve Persons of which twelve he is te chief 5. Formerly and even to this day the greatest part of these Twelve were Constituted of Doctors of the Civil Law however Eleven of those are so constantly dispos'd of as that some of them do Sit in the Lords House in time of Parliament and at other times with the Lord Chancellor in the Court of Chancery upon hearing of Cases others with the Master of the Rolls when he Sits in the Chancery or at the Rolls where he hath a Jurisdiction to hear or
stand fair but if divulged they are sure not only to lose the credit of the Event but double the disrepute if both be bad Herein some men are naturally of a more reserved temper than others however those are only fit to be Counsellors and Secretaries of State who have no Windows in their Breast that is no such transparent Eyes as men may easily see their disposures of Affairs but can wisely keep the Secrets of State from other mens Inspections and in Parliaments I conceive such Tempers are very useful for if the People Trust them they do well in performing their Trust but appealing again to the People shews a diffidence in their own Judgments Thus having shewn the Kings Warrant in the Front and the Secretaries Writ in the Rear and fix't the Noble Lords betwixt those who manage the Laws Divine and those who are Assistants in Human Laws and run through the most constant Writs which are us'd for Summoning such as are to fit in a Parliament either as Essential or Assisting Members thereof I should now proceed to the House of Commons but I shall crave leave First To speak of some accidentall Writs for Assistants Secondly Of the manner of return of all the aforesaid Writs Thirdly Of such as sit there without Writ or Patent Fourthly Of such as sit there only by Patent and Fifthly Of some other Officers who are imployed there by vertue of Patents CHAP. XIV Of Consimilar Writs and Patents upon Emergent occasions 1. I Find in Mr. Prins Breviary That he cites many Records long before Henry the Eighth which I shall not examine because some of them have been so long disus'd Of Knights Justices of North Wales Treasurer of Carnarvan Treasurer of the Kings House Chancellor of the Exchequer Deans Archdeacons Escheators and one Magister Thomas Yong which he takes to be a Master of Chancery that have been Summon'd by Writ to sit in Parliaments in the Lords House but since Henry the Eighth in the Pettibag several Writs of Assistants were issued as I have shewn in the 11th Chap. Sect. 9. to shew the Kings Power some of which were Professors of the Law and some not 2. There was another Writ viz. to the Warden of the Cinqueports which was not constant but occasional for sometimes it was directed to an Earl and sometimes to some one Person under the Degree of a Baron yet by vertue of the Writ he was impowr'd to sit in the Lords House but since Henry the Fourths time when that Office was supplied by the Prince of Wales after called Henry the Fifth who had a Writ with the addition of Guardian ' Quinque Portuum that Trust hath been committed to some one of the Blood Royal and from that Writ other Writs are derived to all the Cinqueports But in respect this Writ as to a Parliament is mostly concern'd about Election of 16. Members to serve in the House of Commons I shall refer the Discourse of it to the second part in that Chapter which particularly treats of the Cinqueports 3. If at any time the Lord Chancellor or Lord Keeper be absent upon just occasion as when the Lord Keeper Bridgman in this Parliament was Sick a Patent was made for Sir John Vaughan then Lord Chief Justice of the Common Pleas to supply his place and the like to Sir Francis North Chief Justice of the Common Pleas also c. and though for the most part this happens in time of Parliament yet because it may happen between the time of Summons and the Sitting of a Parliament which is the chief design of this part of this Treatise I have thought fit to enter the form of that Patent in this place rather than defer it viz. CHARLES c. To Our Right Trusty and Welbeloved Sir Francis North Knt. Chief Justice of Our Court of Common Pleas Greeting Whereas Our Right Trusty and Welboved Councellor Heneage Lord Finch Our Lord High Chancellor of England is often so infirm that he is not able constantly to attend in the upper House of this Our present Parliament now holden at Westminster nor there to supply the room and place in the said upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you And by these Presents do Name Constitute and Appoint and Authorize you from day to day and from time to time when and so often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said upper House to Occupy Vse and Supply the said room and place of the said Lord Chancellor in the said upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence and then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if if he were there personally present Vsing and Supplying the same room Wherefore We Will and Command you the said Sir Francis North to attend to the doing and execution of the premisses with Effect and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every respect In Witness whereof We have caused these Our Letters to be made Patents Witness our Self at Westminster the Nineteenth day of March in the Nine and twentieth Year of our Reign Per ipsum Regem propria manu Signat And having now dispatch't all the Writs and Patents which concern the Summoning of such as sit in the Lords House it is proper to shew the manner of returning of those Writs which is usual in all Courts and ought to be strictly observed here CHAP. XV. Of Returns of Writs relating to the Summoning of such as are to Sit in the Lords House IN all Judicial Courts from whence Writs do issue there is care taken for their due Returns as may be seen in Fitz Herbert and such Authors who have treated of the nature of Writs and their Returns but none of them giving a full account of Parliament Writs and Returns gives me occasion to insert this Chapter As to the Return of the Writs to the Lords Spiritual and Temporal and Assistants they ought by every individual Person who had a Writ to be deliver'd to the Clerk of the Parliament before the House Sit or immediately upon their Entrance into the House at the Table and by the said Clerk they are to be kept with the Records of that House By the omission of this method many inconveniencies have and may happen to their Successors or Posterity and therefore it is wisht there were more care taken in their due Returns to which they may be incourag'd being of so little trouble in the performance But as to the
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
when Created Of two sorts of Dukes how distinguisht A Duke as Generall is not provided for in the Act of Precedency as other degrees of officiall honors are SECT III. Of Marquesses When begun in the Empire and in France When in England the reason of placing him between Duke and Earl From whence the Title is suppos'd to come Noble Actions caus'd Noble Titles and by some Hereditary SECT IV. Of Earls Of the word Comes or Count signifying Earl 6. sorts of Counts according to Selden 22. sorts according to Cassiadore 3. sorts in England Of the incongruity of the words Comes and Earl and from whence the word Earl is derived when first given in England Titutarly and upon what occasion when by Creation Of the Tachygraphy of the word Earl Of the Antient Titular and Created Earls little difference Of Local and Personal Earls here in England SECT V. Of Viscounts Sometimes considered as Equal sometimes of a lesier degree then an Earl Two sorts in England why the Hereditary Viscount interpos'd to Earl and Baron Of the first Created Viscount in England of the Parliamentary dignity of the one and Official Dignity of the other SECT VI. Of a Baron Of the word Baron the Baronial Tenures were the foundation of the Superior Tenures and Degrees Of Contributions to the King from Barons Spiritual Barons how Exempted from Contributions Of several other sorts of Barons The advantages of Created Barons CHAP. VI. Of the Writ to Princes of the Blood Royal. Of the Writ to Edward Earl of Chester Eldest Son to King Edward the 2d Anno 15. Ed. 2. And the Writ to James Duke of York 13. Car. 2. Compar'd Observations on both Writs A Recital or Numeration of the Exemplars of Earls Princes and Dukes of the Blood from Edward the 2d to this Parliament 1661. Observations on the Title of York the Consimilar to the Duke of York Observations on the Consimilars CHAP. VII Of the Writ to the Arch-Bishop and Bishops with Observations Reasons for incerting this Exemplar in this Place shewing that the Idolatrous Jews brought in Paganism into Britain manag'd by Druids and Bards after by Arch-Flamins and Flamins which were Pagan Priests Afterwards Christ Himself or his Apostles or Disciples or some of them brought in Christianity into Britain Bishops had Eleven several Titles according to several Regions given to the first managers of Christian Religion All included in the Word Bishop as Inspector or Father Of the Antiquity of the word Bishop Aristobulus the first Bishop of Britain who were his Successors Of King Lucius his message to Pope Eleutherius and the Popes answer about the first ordering of Christian affairs in Britain Of Linus the first Bishop of Rome and his Successors till the time of Lucius and Eleutherius all subsequent to Aristobulus The Amity between the Bishop of Britain and the Bishop of Rome in that time without any discord about Supremacy Afterwards the Bishop of Rome assum'd the Title of Pope and also a Supremacy to Britain and planted their Dependents there some small Endeavours to oppose it but Fruitless Of several Laws made to lessen the Power and Revenue of the Pope in Britain from the 9th of Hen. the 3. to the 5th of Hen. the 5th Of other wayes us'd by Hen. the 8th from the 9th of his Raign till his death in support of his Supremacy What Countermines were us'd by the Pope Historical passages from Hen. the 8ths Death to the dissolution of this Parliament Anno 1678. against and for the Papal Interest Of the the Titles of Defensor Fidei Supremum Caput how Vs'd disus'd and alter'd from the 12. of Hen. the 8th to the 13. Car. 2d Of Writs to Bishops before and in Edward the 2ds time having both the same and a greater Extention of Power than what is given in the Writs to the Lords Temporal and so to the 31. and 36. of Hen. the 8th and the 13. of Car. the 2d how they continued and alter'd some Observations on the old Writs Of the first Writ in the first Pawn of the 21. Pawns now remaining in the Pettibag Observations on that Pawn Of the 2d Pawn there Of the 3d. Pawn there Of the Pawn of this Parliament begun the 8th of May 1661. wherein Bishops were Omitted though entred in all former Pawns and the reasons of that Omission Of their Writ of Restitution in the same year Aug. 1661. and where Recorded Of their Consimilar Writs Fifteen Observations on their Writs and Temporal Employments CHAP. VIII Of the Writ to the Lord Chancellor Of the Original of the Office of Lord Chancellor or Lord Keeper and of the Discription of them Antiently distinct but now Vnited Of their different Seals Of their eminent Imployments Seates and Stations in the Lords Houss Of his single Writ of Summons as Assistant and of his other Writ if otherwise dignified The Office antiently dispos'd of to Ecclessiasticks and of later years wholly to Laicks Of some difference between the Warrant and Writ to Sr. Edw. Hide The form of the Writ Observations on this Writ and the nature of the Office CHAP. IX Of the Writ to the Earl of Southampton Lord Treasurer of England and to the Nobles not of the Blood Of the form of the Writ to the Lords Temporal Observations upon it that the Degrees of Nobles viz. Dukes Marquesses Earls Viscounts and Barons and Titles of the Officers of State are still intermixt in the Writs with some of those fiue Degrees Which of these Degrees are usually made Exemplars Of the Antiquity of the method us'd herein Of their Consimilars Observations concerning the various applications of the Titles Chevaleer Dominus Miles Eques Auratus Bannerettus CHAP. X. Of Patents of Creation enabling the Lords Patentees to sit in Parliament The difference between Writs and Patents and advantages of Patents what the word signifies Patents of 3. sorts viz. of Confirming Reviving and Creating that is given where none was before The form of those 3. sort of Patents Their ellegant preambles The Patents consisting of 4. parts Of the distinct form of the Patents to Dukes Marquesses Earls Viscounts and Barons impowring them to sit in Parliaments Of the Confies of Antient Patents Of Creation money Of the difference in the former and late value of moneys CHAP. XI Of Lords and Peers Of the words Dominus Pares or Lords and Peers what the words signifie When Peers us'd in France and of their number there when in England and of their number there Of the words Praelates Magnates Proceres how to be appy'd Who properly called Peers how placed in the Lords House the words Generally applyed and promiscuously us'd the number increase or decrease according to the pleasure of the King a Corrollary on the Subject CHAP. XII Of Proxies in the Lords House Of the word Procurator Proxie Proctor considered as distinct appellation Proxie only proper in the Lords House Licenced by the King and to whom and sometimes denied A
Proxies double vote when Proxie made sometimes before and sometimes in time of Parliament and how many allow'd the Antient way to be Licenced upon any petition to the King Of the Licence where to be entred Of Tacit Licences Of the form of Licences at this day for a Lord Spiritual as also for a Lord Temporal how to be return'd Of the Titles which intitle Proxors and Proxes to be such The difference of Proxe Writs before the siting of a Parliament and after Prorogations How long they continue Of their places in the Lords House CHAP. XIII Of Assistants in the Lords House The Assistants are generally professors of the Laws the vertues arising from that Profession it is the path to wisdom How call'd Laws The antient way of distributing them The benefit of good Laws in any State The Revenues Honors Profits Places and other Rewards given to the Professors of them Intituled Justices and Judges c. Divided into 3 Orbs or degrees The several sorts of Laws in which they are to be conversant of the Titles of the chief professors 1st Of the Chief Justice of the Kings Bench with general observations on his Writ of Summons to Parliaments Of his Patent and Jurisdiction 2ly Of the Master of the Rolls with observations on his Patent and Writ and Office Of the chief Justice of the Common Pleas with observations on his Patent Writ and Jurisdiction 4ly Of the Lord chief Baron with observations on his Patent Writ Jurisdiction 5ly Of the 3 other Justices of the Kings Bench 6ly Of the 3 other Justices of the Common Pleas 7ly Of the 3 other Barons of the Exchequer with observations on their Writs Patents and Jurisdictions 8ly Of the Kings Sergent at Law with observations on their Writs Patents and Imployments 9ly Of the Kings Atturney General of his Writ Patent and Imployment 10ly Of the Kings Solicitor General of his Writ Patent and Imployment 11ly Of the Kings Principal Secretaries of State of their Writ Signet Precedencies Imployments and Influence CHAP. XIV Of Accidental Writs of Summons Of Antient Writs to Justices of North-Wales Treasurers of Wales Arch-Deacons Eschetors c. and of late to several Officers of the Kings Court and to the Lord Chief Justice to supply the Lord Chancellors or Lord Keepers place in case of sickness c. CHAP. XV. Of Returns of Writs Of the manner of returning all the forementioned Writs different from the return of Writs concerning the House of Commons CHAP. XVI Of Masters of Chancery That they sit in the Lords House without Writ or Summons How they were Imploy'd antiently and how in latter times of the word Magister and how apply'd CHAP. XVII Of the Clerks of the Lords House Some by Patent sit there but none by Writ others neither by Patent or Writ but ex Officio Of the several sorts of Clerks Imploy'd in the House of Lords and in Trials of Peers c. CHAP. XVIII Of the Gentleman Usher of the Black-Rod When and how Instituted and how Imploy'd CHAP. XIX Of the Kings Sergeant at Arms. Of their Antiquity how different from Sergeant at Law or other Sergeants of their Number and nature of their Imployments both in time of Parliament and out of it CHAP. XX. A Corollary to this first part of the Constitution of Parliaments Shewing what is intended to be spoken of in the following parts of this Treatize Observations on the Names and Titles of our English Kings THe Learned Mr. Selden having bestowed an Excellent Addition to Libraries by his book of the Titles of Honour and Sr. Edward Cook thinking it a necessary part of his Institutes for a Student to be well vers'd in the several Titles of our Kings and knowing that the substance flowing from those Titles are the chief Subjects which are handled in Parliaments I think fit to give a light touch by way of Preface to the seueral words of the Title in the Kings Warrant as also in the Title of his Latin Writs which are mentioned so often in the following discourses viz. Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Carolus Secundus Dei Gratia Rex Angliae Scotiae Franciae Hiberniae Defensor Fidei c. First It may be observed that all our Kings before and since the coming in of the Normans have been Usher'd into that Regal Dignity by their Christian Names whereof from that time we have Ten several Appellations viz. One Stephen 1 John 1 Mary 1 Elizabeth 1 James 2 Williams 3 Richards 6 Edwards 8 Henrys 2 Charles but of all these Ten Names Charles must have the Honour of Priority given to it To prove this I shall trace their Progresses through Empires Kingdoms Principalities and States under Secular Governours not medling with Ecclesiastical and first of the Name Carolus or Charles Concerning which I shall not goe so far back as Charellus Prince of Lacedemon but since Christianity was first Charles I find that the Name Charles or Carolus for they are agreed to be the same had its first splendor from Charles Surnam'd Martill a French King in Anno 714. who was the first that had the Title of Most Christian King and from whom came Caroloman and Charlemain in Anno 778 and after viz. in Anno 800 the Name of Charles went into the Empire and in Anno 1119 into Flanders In Anno 1150 into Swethland In Anno 1263 into Naples and Sicily In Anno 1310 into Hungary In Anno 1346 into Bohemia In Anno 1601 into Scotland King Charles the first being there Born And in Anno 1625 into England the same Charles being then King so as our Present King Charles the 2d Immediate Heir to Charles the 1st is the Second King of that Name in England and Scotland and that Name of Charles is the first of any of the aforesaid Ten Names affixt to any Diadem in Europe Edwardus or Edward Edward began but in the time of Edward the Elder who was the 24th King of the Saxon Race and 25th Monarch of England And he in Anno 901 gave the first reputation to it In Anno 1332 it went into Scotland And in Anno 1334 Carried into France by our Edward the third who laid Claim to that Crown And in Anno 1433 it went into Portugal continuing still in England with some interpositions of other Names till Queen Mary came to the Crown in Anno 1553. Henricus or Henry began in the Empire of the East Henry Anno 919 and in Anno 1101 came into England from thence Anno 1192 it went into Bohemia thence Anno 1206 to the Emperour then at Constantinople in Greece In Anno 1214 to the Kingdoms of Leo and Castile In Anno 1271 to the Kingdom of Navarr In Anno 1422 carried into France by our Henry the 6th who was then Crown'd in Paris King of France And in Anno 1573 it went into Poland so as this Regal Name of
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
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
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
Ea or Watry Enemy and it is no small honour now to the Earl of Bedford to be Governour of 365000 Acres of Fenny Grounds intituled by his name of Bedford Level subject to inundations but by his vigilance preservs it 6. And when this Title of Earl was first given in England as t is said by William the first to Hugo de Aurank or de Ibrinks making him Earl of Chester it was doubtless from some eminent Service done in preserving the Banks or Brinks of that County against the inundations of the River Dee upon the South-side of Worrcl Ealand aforesaid reaching from the Town of Chester to the Hebrea for shortness call'd Heber and so round that Hundred besides the Banks in other parts of that County Some do question whether this d'Aurank or d'Ibrink was the first Earl but t is likely he was so Titularly and other the like Earls before him but that which is agreed on is that Albericus or Aubry d'Vere was the first that was by Charter or Patent created Earl by Henry the 2d who had the additional Title of Earl of Oxford or Oxenford in Oxfordshire and continues in that Family to this day but I cannot pass the word Ford which doth imply a passable Ea or Water which was necessarily to be preserved from the overflowing of at least 7 several Rivers in that little County for the more safe passage of Men and Oxen. 7. To conclude Ihope I may be allow'd so much of the Art of Tachygraphy or short writing as may render my application of this word more plausible by writing Earl for Ea Regalia so as whether Ea be consider'd as a Saxon word or the plural of the pronoun Ea it confirms my notion and may serve as well to explain the word Earl as SPQR the Senate and People of Rome or DNS to signifie a Baron of the Realm or Chr. Chevaleer 8. I have said sufficiently of the word now as to the antiquity of it in England it is Authentick from History and Record that the word Earl and Honour of it was in use in the Saxons and Danes time and continued with the Normans and Earls had the like extensive power in Shires and Counties as they have had since their formal creation by Charter which it seems was a mode and form not us'd till this to the Earl of Oxford since which there hath been some variations in the Form but especially in the time of Henry the eighth and King James as will be seen when I come to recite so much of their Charters of Creation as relate to their interests in Parliament 9. The learned Selden divides this Title into two sorts a Local and a Personal Earl by Local he means such Counties Cities Castles Towns or Burroughs as are fix'd to the Title of Earl or Comes as Earl of Oxford Earl of Kent c. being not County Palatines or of such as are County Palatines whereof there are five viz. Cheshire Lancashire which are in the Crown Pembrokeshire in the present Earl of Pembroke Durham and Ely which two are County Palatines belonging to the Bishops of those Counties never granted to any Temporal Earls so as the Bishops of Ely and Durham do sit in Parliament Virtute Tenurae and not Virtute Comitatus Palatinae As for Personal Earls there are but three remaining at this day viz. the Earl or Lord Great Chamberlain granted to Berty Earl of Lindsey with a large intale to that Family 2ly the Title of Earl Marshal granted to Hen. Howard Earl of Norwich and after Duke of Norfolk with a large intale as I have shewn 3ly granted by Patent to Savage Earl Rivers being made a Baron in 5 Edw. 6. and also Viscount of Colchester in 19 Jacobi and in the 2d of Charles the first was made Viscount Savage of Rock Savage in Cheshire whereby he is a double Viscount and Earl Rivers which is the Name of an illustrious Family and not of a Place but all the other Earls are intituled from some noted Place 10. Forty nine Earls Summon'd the 18th February 1661. and six more Summon'd the 29th of Aprill 1661. See the Pawn Cap. 2. The next I am to treat of is the Vicecomes Vice Earl or Viscount SECT V. Of a Viscount Obs I WHat hath been said of a Duke or a Count whilst their Titles were interchangeably us'd may be also appli'd to a Viscount for when Dukes and Counts increas'd in their number there was a kind of necessity to take in others to their assistance who afterwards by merit and the favour of their Prince arrived to an Interest of their own and therefore the word Vicecomes or Viscount may properly here intend a Companion for the word Comes doth as well signifie a Companion or Associate as a Count or Earl and the addition of Vice which signifies instead or by course or turns of which word Turn I shall speak more did intimate thar when the Turn of this Comes came to Govern he was for that time called Vicecomes all other times Comes only or as I conceive as the one was call'd Comes because he commanded a County the other was called Vicecomes from the Latin word Vicus because he commanded a Village Street or Structure or some lesser Command than that of a County 2. The dignal Title of Vicecomes is also ancienter in foreign parts than in England and is the same with Vidame or Vicedominus which are properly the foreign Titles of a Substitute to a Bishop but as we take the Title in an officiall sence it signifies the King's Deputy or Sheriff in every County and so is as ancient as the Saxons who made Comes to signifie Earl and Vicecomes or Viscount to signifie the Office of Shereeve or Sheriff for we had the words Earl and Sheriff from the Saxons and the Count and Viscount from the Romans Comes and Vicecomes and probably for the same reason that Marquess was interpos'd to Duke and Earl in Richard the Second's time so it was thought fit in Henry the Sixth's time though some say in Henry the Fifth's time to interpose the Title of Viscount to Comes or Earl and the Noble Baron there having been the like promiscuous use of the Titles of Comes or Earl and Baron as had been of Duke and Comes and thereupon I conceive John d'Beaumont was Created the first Viscount of this interposing Dignity it being as Mr. Cambden saith an old Name of Office but a new Name of Dignity or a Vicecomes or Sheriff turn'd from an annual Office into a Dignity hereditary 3. Yet this Office of Vicecomes or Shereeve or Sheriff was and still is an Office of dignity only the difference is that the Vicecomes dignified as I said by Hen. the 6th is a Parliamentary and Nobilitated Dignity and Place both in their Patent of Creation and in the Act of Precedency fixt between Earl and Baron c. made Hereditary but the other Viscountship or Sherifdom is Official and Annual and not Hereditary and
and die in that Persuasion But he did not think himself safe in carrying on so great an opposition as was like to be well knowing how the Papal Interest was dispers'd in all Kingdoms and States of Europe till he had incouraged the off-spring of the Waldenses and other opposers of Rome in France Germany and in other Kingdoms and States to revive their Doctrines as also to imbrace the Lutherans Centum Gravamina and the Calvinian Institutions and others less remarkable yet all serving to his purpose whereby in a few years after almost all Christendom was brought into a Papal and Antipapal Ballance or rather consisted of Professors of the Roman Religion and Protestors against both the Court and Church of Rome as Usurping and Antichristian 10. But on the other side the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him he made his Applications to several Kings and Princes for his assistance And at last by a more plausible way he did obtain a Council of Trent wherein it is observable That he did not think fit to move in his Point of Supremacy till after eighteen years that That Council had been sitting by Adjournments and Prorogations and then the Question was That Episcopus Locum principalem teneret à Pontifice Romano dependentem to which the opposers did so far comply that they allowed principalem Locum sub Romano Pontisice but not dependentem so after that Council had sate nineteen years in the sixth of Queen Elizabeth it was dissolved by 4 Legats 20 Cardinals 3 Patriarchs 25 Archbishops 168 Bishops 7 Abbots 39 Proctors and 7 Regulars of General Orders without Determining that Point to the satisfaction either of England or other Kingdoms and States the Dispute of which begot 7 Civil Wars in France which lasted near 40 years till within 3 years of Queen Elizabeths Death also Inquisitions in Spain and Flanders Tumults and Wars in Germany and near 40 years Wars in the Netherlands between them and Spain and for some few years Fire Fagots and Insurrections in England 11. In this Hurly Burly about Supremacy H. 8. left his Crown to an Infant Edward the 6th Ed. 6. who had the Laws against Rome corroborated and his Revenues augmented by Chappels Chantries c. enjoying them but few years and then the Pope revived fresh experiments by Queen Mary Mary to reverse all especially after she was Married to King Phillip compelling a submission to the Popes Supremacy by Fire and Fagots so as in H. 8. time and even till now upon the suddain Changes of Religion it might be said by the Historian Deus bone hic suspenduntur Papistae illic comburuntur Antipapistae but her time being short the Supremacy was once more reverst and taken up by Queen Elizabeth Eliz. who managed it with such dexterity considering the conjuncture of Affairs in this and other Kingdoms and States that it was needless for the Pope to make any open Attempts but by Mariages Foreign Negotiations and the assurances given by some of the chiefest Nobility and Gentry of the Roman persuasion in this Kingdom who were as they pretended for the Church and not for the Court of Romes Supremacy of their peaceable resolutions the Billows of penal Laws seem'd to be calmed and this Kingdom thought it self as secure as the pretty Halcion in her Nest But those who kept to Calvins Institutions in England and Scotland were finely yoak't together to a disturbance for it being insinuated to them That the Title of Supream Head of the Church given by Act of Parliament was declined and dwindled into an c. and that the Title of Defender of the Faith given by the Pope did only remain with an c. made them call to mind what was alledged in the Council of Trent That the original of Church-Government was Aristocratical and Governed by a certain number of the Presbytery and afterwards it was thought fit to put it into a Monarchical way viz. by a Bishop as Superintendent and finding that the Popes and Kings of England and other Princes had long disputed about this Ecclesiastical Monarchy without determination only in a connivance they thought it convenient to return to the Primitive way of Aristocracy and set up Presbytery that original Government as was pretended and thereupon one all cried against Bishops which bravely workt for the Papal interest the clamour proved so geat that the Learned King James did what he could by Writing to quiet them his unfortunate thought Blessed Son King Charles the First tried it by Action but without Success For the Independent Anabaptist Fifth Monarchy-Men and others coming into the Presbyters assistance he was necessitated after the Wars with Scotland upon the same grounds amongst other condescentions to yield with the Consent of the Lords Temporal 17. Car. 1. and Commons and pass an Act for Abolishing the Bishops temporal Jurisdiction in this Kingdom Now see what followed instead of making of Earls Knights and Squires and maintaining of Hospitals as was proposed to Richard the 2d as I said the Bishops were not only put out of the House of Lords but the Temporal Lords soon after and the Knights and Squires secluded from the House of Commons and the Hospitals and all ruined by an intestine Bloody War the King Sacrificed and every one of the Machineers disappointed of their original plausible intentions and in conclusion by most miraculous Turns in Assairs there was a total submission to a Reestablishment of that Form of Church and State which they had before so zealously overthrown and the Bishops again brought into the Lords House 12. I should now proceed to the Writs which impowred the Bishops to sit in the Lords House but first I think it pertinent to shew how these two Titles of Fidei Defensor Caput Ecclesiae Anglicanae were used disused and altered in theirs and other Writs Though all the Kings of England at their Coronation are Sworn to defend the Christian Faith and the words defensionem Ecclesiae Anglicanae having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope as I said for the good Service which Henry the 8. had done in Writing against Luther sent him a Bull and therein intituled him Defensor Fidei with this Caution that it should be placed next his Title to France and before his Title to Ireland and it may be observed That in the same year he sent the like Bull to the Emperor Charles the 5th intituling him also Defensor Fidei upon which the Emperor took an Oath not only to be Defensor Fidei but Defensor Pontificiae dignitatis Romanae Ecclesiae i. e. Defender of the Court and Church of Rome But Henry the 8th though he accepted the Title did not think fit to be bound by an Oath nor do I find that he stiled himself in any publick Acts Defensor Fidei till the 2.1 of his Reign and then in a
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
repealing that Act in order to which the remnant of the Parliament of 1640 which still continued in several shapes was by the Kings Consent dissolv'd his Majesty appointing another to begin in April 1660. So the 29th of May 1660. he came successfully from beyond Seas to confirm it and this Parliament lasted till December following in which time as Preparatories to the Bishops Introduction provisions were made for restoring Ministers who had been outed of their Livings and also Commissioners were appointed who did sit accordingly to compose the differences which might arise between the Purchasers of the Bishops Lands and the Bishop wherein they us'd so great Lenity that the Bishops did come into their Temporalities with some satisfaction to both Interests after they had been injoyed by the Purchasers near Twenty Years and in the same Month his Majesty did also set out a Declaration before mention'd concerning Ecclesiastical Affairs and after these Preparatories that Parliament consisting of the King Lords Temporal and Commons being also Dissolv'd as I said in Decemb. His Majesty was pleas'd in February following to Summon another Parliament of the Lords Temporal and Commons to begin the Eighth of May 1661. before which time his Coronation was Solemniz'd viz. the Twenty third of April 1661. yet before the Ceremony was perform'd he thought himself oblig'd to take Care for the Bishops for many Ceremonies essential to his Coronation were to be perform'd by them and thereupon at a full Council in Whitehall the Tenth of April this Order was made ORdered by his Majesty That the Lord Chancellor do forthwith give directions to the Clerk of the Crown to draw up Writs of Summons to pass his Majesties Great Seal directed to the most Reverend Father in God William Lord Archbishop of Canterbury and Accepted Lord Bishop of York for Convocation of the Lords Bishops Deans Archdeacons and the Clergy of their respective Provinces in usual Form Accordingly the Parliament met the said Eighth of May 1661. and did sit till the Thirtieth of July where amongst other Acts one did pass for Repealing the Act of Abolishing Bishops and Restoring them to their Estates Dignities and Places and so the Parliament Adjourned to the Twentieth of November following after which Adjournment upon the Twenty ninth of August following the Writs which were ordered the Tenth of April aforesaid did pass under the Great Seal and were distributed so as the Twentieth of November 1661. they did take their places in the House of Lords and have continued so to do during this Parliament and notwithstanding this long deprivation wherein the King himself the Temporal Lords and the chief of the Commons were Sharers they may be said to be in the House of Lords upon an Interest of Right though the Interest of Form in their Introduction was wanting that Act of Abolition being partly Authentick and partly not for Acts of Parliament are good Absente Clero though not Excluso Clero and so next I shall shew the Exemplar Writ as it is entered in the Crown Office for it was too late to enter it amongst the Deposits or Pawns in the Pettibag SECT XX. The Form of the Writ to the Archbishop of Canterbury the 29th of Aug. 1661. REx Reverendissimo in Christo Patri praedilecto fideli Conciliario nostro Gulielmo eadem gratia Archiepiscopo Cantuariensi totius Angliae Primat ' Metropolitano Salutem Quia de Advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii praeterito teneri ordinavimus ibidem nobiscum cum caeteris Praelat ' Magnatibus proceribus dicti Regni nostri Colloquium habere tractare Vobis in fide dilectione quibus nobis tenemini rogando Mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus Cessante excusatione quacunq ' dictis die loco personalit ' intersitis nobiscum ac cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque Concilium impensur ' hoc sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedict ' Expeditionemque dictorum negotiorum diligetis nullatenus omittatis Praemontes Decanum Capitulum Ecclesiae vestrae Cantuariae ac Archidiaconos totumque Clerum vestrae Diocesis quod idem Decan ' Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemq ' Clerum per duos procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulis Clero divisim habentes praedictis die loco personaliter interfuerint ad consentiendum hiis quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari Teste meipso apud Westm ' vicesimo nono Augusti Anno Regni nostri 13. Annoque Dom. 1661. SECT XXI Consimilia Brevia dirigenda TO the Archbishop of York Reverendissimo Accepted Archiepiscopo Eborum Angliae Primati leaving out Totius before Angliae as in the former To each of the other Bishops Reverendo c. as they are entred in the Memorials of the Chancery Crown Office in this following order Reverendo Gilberto Johanni Briano Gulielmo Roberto Gulielmo Johanni Mattheo Henrico Humphrido Georgio Roberto Georgio Gulielmo Benjamino Hugoni Richardo Briano Johanni Gilberto Edwardo Gulielmo Nicolao Episcopo Londini Dunelmensis Wincestriae Bathon Wells Oxoniae Bangor Ruffensis Eliensis Cicestriae Sarum Worcestriae Lincolniae St. Asaph St. Davids Burgi Petri Llandaff Carlioniae Cestriae Exoniae Bristoll Norwici Glocestriae Herefordiae Vulgo Durham Rochester Chichester Salisbury Minuensis Peterborough Carlile Exeter All these Writs dated 29. Aug. 1661. except the last Johanni Episcopo Lichfeildiae Coventriae Jan. 30. 1662. There is also the Bishop of Man Island but in respect he hath no Writ to sit in the Lords House I have not entered him Note That except the two Archbishops and the Bishops of London Durham and Winchester whose Precedencies are setled by the Act of 33. H. 8. all the other Bishops are entred into the Pawns according to the dates of their Consecrations SECT XXII Observations on the Writ UPon comparing the Writ of Edw. the Second with the middle Writ of 21th of Hen. the Eighth and the Writ of the 13. Car. Secundi these follow-Particulars may be observ'd First The Titles of several Kings in their Writs as well to the Lords Temporal as Spiritual have varied according to the Successive Kings Increase or Decrease of their Dominions but more remarkably in Hen. the Eighths time relating to the Clergy as I have shewn Secondly All Writs concerning Bishops from Edward the Seconds time and before to the 13. of Car. Secundi inclusive were directed to the Archbishop of Canterbury as the Exemplar Writ in respect of his Dignity except where any Cardinal was
a Bishop of England or the Popes Vicar-General or that the See of Canterbury was void or that a Bishop was Chancellor and then the Exemplar Writ was directed to that Bishop and to neither of the Archbishops or if both Archbishopricks were void then to the Bishop of London Thirdly The Exemplar and Consimilar Writs to Bishops have been generally plac't in the Clause-Rolls and in all the Pawns extant before any Degrees except Princes of the Blood though their places in the Lords House are otherwise Fourthly Sometimes the Writ to the Archbishop was without any Epethit to his Christian name but the Epithet of the most constant Application was Venerabili Archiepiscopo and the like to Bishops but in Hen. the Eighths time it was alter'd Reverendissimo to Archbishops and Reverendo to Bishops Fifthly Also an other Title is usually in the Bishops Writs as in the Writs to the Lords Temporal viz. Praedilecto fideli Conciliario which is not in the ancient Writ but of late it is entred as an addition to such as are of the Kings Privy Council whereof the Bishop of Canterbury is for the most part one Sixthly In the 36. of Henry the Eighth the Writ is Primati Metropolitano which latter word was not extant till that Writ Seventhly In the latter Writs the words de advisamento assensu Concilii nostri are entred which are not in the old Waits and some other words which are in the Dukes Writ and not in the old Writs as may be observed in the Figures which I have placed in that Writ Eighthly And in the Mandamus instead of Firmiter injungentes to the Temporal Lords the Writs to the Bishops are Rogando Mandamus and instead of Fide ligeantia to the Temporal Lords it is In side dilectione to the Lords Spiritual so that to the word Praemonentes the Writs both to the Lords Spiritual and Temporal do agree as well in the Originals as Alterations except in those particulars before nam'd Ninthly From the word Praemonentes in the Writ there is a greater Latitude of power granted to the Lords Spiritual than to the Lords Temporal for the Lords Temporal are not impowred by their Writs to Summon the Laity who sit in the House of Commons as Representatives of the Commonalty but the Lords Spiritual are impowred by their Writs to Summon Deacons Archdeans and Proctors to attend the Parliament as Representatives of the Clergy who being met at places appointed distinct from the House of Lords or House of Commons those places where they meet have the Titles of Convocations the Bishops making the upper Convocation the Representatives of the Clergy the lower Suting to those two of the Laity one called sometimes the House of Lords or Peers or upper House the other sometimes the House of Commons or lower House The General Writs for this Parliament were dated as I have shewn the 18th of Febr. 1661. to meet the 8th of May 1661. but the Writs to the Bishops were not dated till the 29. of August following yet by these Writs they are appointed to meet die loco at the day and place viz. on the Eighth of May and at Westminster as in the General Writs so as the latter Writs seem to command an Impossibility but this is to be understood in a Parliament-sence viz. That the first day of the Meeting of a Parliament continues to the end of a Session or Prorogation and is accounted but as one day for an Adjournment is but the continuance of that day and a passing of Acts upon an Adjournment as in this case was not a determining the Session because they were passed by way of Proviso That it should not thereby discontinue the Parliament so that the Bishops being admitted before any Session of determining the Parliament or before any Prorogation of it it is to be esteem'd in a Parliament-sence as I said as one day And so it is in Law where a Sum is due the Eighth of May payable at Westminster and not paid till the 29. of August and then paid in London and then accepted by the Creditor it doth bar all breaches or punctilios in Law or Equity between the Creditor and Debtor Besides If a Parliament continues some Months without Adjournments or Prorogations in which time many Members of both Houses Dye so as there is a necessity to send out Writs for a Supply of Members if the Writs should not issue in a certain Form with respect to a certain day though past it would produce many inconveniencies attending the Discretion or Indiscretion of Clerks who are to form such Writs and therefore all Writs though after Prorogations though many years subsequent have still reference to the first day of the Parliament as will be further shewn for it hath been the Wisdom of Parliaments to admit of no variation in that point Next As to the place of Meeting the Bishops are Summon'd to meet Cum Praelatis Magnatibus proceribus at Westminster which the Bishops do as to their Co-Interest in the House of Lords but in relation to the inferior Clergy the Bishops do meet at Westminster and sometimes Adjourn to such places out of Westminster as the Archbishop or his Vicar appoints which before the Fire in 1666. was at the Convocation-House on the South-side of St. Pauls Church in London but since in Westminster-Abby The Bishops in all this Parliament sit in Henry the Sevenths Chappel as the upper Convocation the Deans c. in St. Benedicts Chappel on the North-side of the Abby as the lower Convocation so as they have distinct Houses or Places from the House of Lords and House of Commons as also distinct days of meeting but always after the Parliament first meets and so of sitting some days after any Adjournment or Prorogation or Dissolution which is appointed beyond the Lords or Commons as will be shewn in the Chapter of Convocations 11. Concerning the alteration of Priorem into Decanum I have given an account 12. Instead of favente deo the later Writs say favente divina clementia 13. In the old Writs the year of Christ is not added for it was more than 300 years after Christ before the Computation was us'd but in the later Writs it is not omitted 14. Till about the year 855. there was not above 16 Bishopricks and then they increas'd to 19 and 21 and in Hen. 8. time to 26 and so they have continued ever since but in all times there have been several Transplacings and Transmutations so as the names of the Bishopricks of Dorchester Dunwich Haglested Sydnacester and Leicester Landasfirm Selsy Sherborn Chester in Durham Crediton and St. Petrocks 10 in all are utterly lost and drown'd in the now remaining 26 Bishopricks 15. The Bishops being men well Educated in all Sciences Divine and humane were stil imployed by our Successive Kings as well in matters Temporal as Spiritual for I find that of 153 Chancellors and Keepers of the Great-Seal from William the
Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilecto perquam fideli Conciliario suo Edwardo Domino Hide Cancellario suo Angliae salutem Quia de advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostrum Westmonasterium octavo die Maii proximè futuro teneri ordinavimus ibidem voibscum ac cum 〈…〉 Proceribus dicti â—â—egm nostri 〈◊〉 habere â—â—actatum Vobis Mandâ—â—â—â— firmitur 〈…〉 quod 〈…〉 aliis praetermissis 〈…〉 personaliter intersitis nobiscum ac cum caeteris de Concisio nostro super dictis negotiis tractatur ' vestrumque Consilium impensur ' hoc nullatenus omittatis Teste apud Westmonasterium decimo octavo die Februarii Anno Regni suo decimo tertio Grimston SECT IX Observations on this Writ FIrst I shall shew how it differs from the Writs to the Nobles Secondly How it differs from the Writs to the other Assistants First It differs from the Writs to Dukes Marquesses Earls Viscounts in these particulars First To Dukes and Marquesses the Writ is directed Praecharissimo Consanguineo to Earls and Viscounts Charissimo Consanguineo to Barons Praedilecto fideli and to Assistants only dilecto fideli but this Writ is directed as to a Baron viz. Predilecto perquam fideli yet the body of the Writ differs from the Barons the word perquam is added to fideli being in no other former Writs but is a proper word to express our English Right Trusty and here it may not be improperly hinted that in English Superscriptions Right Trusty is placed before Well-beloved but in Latine Well-beloved or Praedilecto is before Right Trusty or Perquam Fideli Secondly The words Sub fide ligeantia are in the Lords Writs next to Vobis Mandamus but in all the Assisting Writs those words are omitted probably because in former times the Assistants had not Tenures but only knowledge of the Laws which occasioned them to be sent for by Writ Pro Concilio Thirdly The words Consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque in the Lords Writs are left out in the Assistants Writs and instead thereof omnibus aliis praetermissis are inserted In the Mandatory part of the Writ the words in the Writ are ac cum caeteris de Concilio nostro instead of ac cum Magnatibus praedictis which is the chief distinction between the Peers and the Assistants Fourthly In this part also of the Writ the Words are only in short hoc nullatenus omittatis but in the Lords Writs hoc sicut nos honorem nostrum ac Salvationem regni Ecclesiae praedictae expeditionemque dictorum negotiorum diligitis their Lordships being more eminently concerned in the Kingdoms Interests Fifthly In all the Pawns extant and in most of the Clause-Rolls after the Exemplar Writ of every Degree or Quality is named these words are added Consimilia dirigenda but there is no Consimilar directed to this Writ and although the Master of the Rolls is an Officer very little differing in many things from the Office of the Chancellor or Keeper yet his Writ is made a Consimilar to the chief Justice of the Kings Bench his Writ and not to the Lord Chancellor the Lord Chancellor standing Exemplar without any Consimilar and there are but Two of the same nature in all the Pawns from the 36. of Hen. the Eighth to this time viz. That to Chester and to Lancashire as will be shewn in their order the true reasons thereof are as I conceive 1st That this Officer is of so transcendent a nature that a Consimilar thereunto were improper because the Original Warrant for issuing out Writs as is before recited is made from the King only to the Lord Chancellor or Lord Keeper and the like Warrant not to any others of the Assisting Degrees 2dly His Lordship usually and in most Cases is necessarily the chief Minister of of State 3dly He is the Supream Assistant of all the Assistants in the House of Lords for he is not only Lord Chancellor and Assistant but of late years constantly Speaker of that House 4thly His Grandeur is such that he hath four places in the Lords House one behind the King of Scots-Chair the other next to the Dukes of the Blood the third on the first Woolsack 4thly at the Table as will be shewn whereas each of the other Assistants have but one single place different from those provided for the fixt Nobility as will be shewn in the Local part 6. I cannot conclude this Chapter better than from Sir John Davy an Eminent Lawyer in his Epistle to his Excellent Reports who Describes a Chancellor in these words Saith he Is he not ad Latus Principis to attend him Auricularius Principis to advise him Doth not the King make him the Conduit of his Wisdom when he useth his Voice and Tongue to declare his Royal pleasure Doth he not make him the Organ of his goodness when he trusteth him with his Mercy and Conscience in sweetning the bitter waters of summum jus and in mitigating the rigour of Law to his people Doth he not represent Reverentiam Principis in the Power and Authority of his Office In a word if the greatest honours do belong to the greatest vertues for what is honour but a reflection and reward of vertues How vertuous a person must he be with what Gifts and Graces with what Abilities with what Ornaments both of Art and Nature must he be indowed and furnisht viz. with all Learning Law Policy Morality and especially Eloquence to impart and Communicate all the rest he must withall have a long and universal experience in all the Affairs of the Common-wealth he must be acceptable and absolute in all points of Gravity Constancy Wisdom Temperance Courage Justice Piety Integrity and all other vertues fit for Magistracy and Government yet so as the same be seasoned with Affability Gentleness Humanity Courtesie without descending or diminishing himself but still retaining his Dignity State and Honour Briefly he must be a person of such vertue and worthiness that not only his Writ may be exemplar to other Assistants but his Life and Conversation a Mirrour and Example to all Magistrates 7. He performs all matters which appertains to a Speaker of that House whereby he may be said to be the Eye Ear and Tongue of that great Assembly 8. He is the Inlarger Explainer Interpreter or Pronouncer of the Kings Commands or Pleasure and that which is further observable of 72. Officers under his Jurisdiction more than 44. of them are imployed in Parliament concerns either upon its Summoning or during its Sitting as will be shewn in my Annotations And as his Warrant is the second Warrant that gives life to a Parliament and vivacity to its continuance by Sessions
therefore I conceive there is some mistake in Mr. Selden but however the mistake be the first Exemplar Writ to a Duke was not till this year for though Edward Prince of Wales was Duke in the Third or Eleventh year of his Father and Thomas Earl of Norfolk soon after was created Duke of Norfolk and Henry Earl of Lancaster soon after created Duke of Lancaster yet they had not any Exemplar Writs as Dukes but before as Earls so as John Duke of Lancaster in this Parliament of the 37. Edw. the 3d. was the first Duke which had an Exemplar Writ 47 Edw. 3. As I have shewn the first Exemplar to an Earl of the Bloud so this shews the first Exemplar to an Earl not of the Bloud which was this year to Richard Earl of Arundel for though there were many Earls before not of the Bloud yet they had only Consimilar Writs but no Exemplars extant to any of them till this Year 28 H. 6. And though there were many Dukes not of the Blood since the first Creation of that Title yet the first Duke not of the Blood who was thought fit to be an Exemplar was not till this Parliament and the Predecessor of this Duke was an Earl in Edw. 3ds time and even this Duke was Earl in the time of his Predecessors before any Duke was created 6 Edw. 6. Though the first Marquess created in England was in the 9th of Rich. 2d yet none were thought fit to be Exemplars till this 6. of Edw. the 6th that William Marquess of Winchester was made the first Exemplar in Parliament of that Dignity but his Exemplar had the additional Title of Lord Treasurer who is the second Officer of State 36 H. 8. Although a Baron is a more ancient Title with us in England than any of the other Degrees of the Nobles yet we find no Record now extant wherein a Baron singly as Baron had the Exemplar Writ for as I said Thomas Wriothesly Baron of Tichfield being Chancellor William Pawlet Baron of Bazing being Lord Keeper were Exemplars in those Parliaments and had Consimilars appointed them but Edward Hyde Baron of Hindon having a distinct Assisting Writ had no Consimilar allotted him either in respect of his Barony or Assistancy Thus we find that Earls Dukes Marquesses and Barons have been Exemplars but we do not find any Viscounts to be so in any Parliament since the creation of that Dignity which was as I said in Hen. 6ths time to John de Beaumont And the reason is because the word Vicecomes doth imply a Consimilar to Comes so it were improper for Comites to be Consimilars to a Vicecomiti Concerning the additionals of the Titles to those Nobles mentioned in their Exemplars it may be observed That in all those Writs to Hen. the 8ths time the words Consanguineo Charissimo Praedilecto Dilecto Fideli were not so positively sixt to the several Degrees in their Writs but since that time they have past in a more constant method viz. to Dukes and Marquesses Praecharissimo Consanguineo to Earls and Viscounts Charissimo Consanguineo to Barons Praedilecto Fideli and to the Lord Chancellor as chief Assistant Praedilecto perquam Fideli but to all the other Assistants of which I shall speak more only Dilecto Fideli SECT III. Observations on the Consimilars to the former Exemplars WHen Princes of the Blood were made Exemplars there was ever some Prince of the Blood in the Consimilars and then followed in the same Register in every Clause-Roll or Pawn the other Dukes Marquesses Earls Viscounts and Barons without interposition of the Lords Spiritual and Ecclesiastical to the Princes of the Blood and the Temporal Lords not of the Bloud so it continued in that method till the 21. of King James but then the Exemplar being to the Prince of Wales and no Consimilar to him there follows the Exemplar and Consimilars to the Lords Spiritual of which I have spoken and after them follows the particular Writ to John Bishop of Lincoln as Lord Keeper and after that the Exemplar to Lodowick Duke of Richmond who had one Duke one Marquess Thirty eight Earls nine Viscounts and Fourty seven Chevaliers his Consimilars and ever since the 21. Jac. there hath been an interposition either of the Lords Spiritual or Lord Chancellor between the Dukes of the Blood and the Nobles that were not of the Blood and so in the 13 Car. 2. though the Bishops were deprived from that Roll as I have shewn yet the Lord Chancellors Writ did interpose and it may further be observed That when Princes or Dukes of the Blood or not of the Blood were Exemplars other Dukes Marquesses Earls Viscounts and Barons were Consimilars but when Earls were Exemplars there were no other Consimilars admitted of Degrees above them but still under them viz. of Earls Viscounts and Barons and yet when the three Dukes beforementioned were made Exemplars 't is true the Duke of Suffolk and Oxford had Dukes to their Consimilars as formerly being pari gradu but the Duke of Norfolk had no Duke to his Consimilar for he had only four Earls one Viscount and Thirty one Barons of which there is no other precedent that I can find 2. As to the different Titles of these six Degrees viz. Princes of the Blood Dukes Marquesses Earls Viscounts and Barons of whom I have spoke more in the Fifth Chapter it is fit to be hinted here that Prince in English and Principi in the Latin Writ Duke and Duci Marquess and Marchioni Viscount and Vicecomiti have little difference in their Orthography but Comiti in all their Latin Writs and Earl which is their general appellation in English have very great difference concerning which and the other Degrees I have writ more at large before and in my Annotations to which I refer the Reader and so Baron and Baro have but little variation yet this may be observed here of this Title Baro that in all the Consimilar Writs in Clause Rolls or Pawns wherein those of that Degree are enumerated from the 15th of Edw. 2d to the 13. of Car. 2. neither the Titles or words Baro nor of Banerettus are mentioned in the Writs but either the Articles De or Le or La or the words Dominus Miles Equies Auratus or Chevalier are added to the Barons name viz. Hugo de Spencer Johanni de Bello Campo Johanni de St. John de Bazing Roberto de Monte albo Johanni de Sancto amando Willielmo de la Souch de mortuo mare Nicolao de Cantilupo le Quint Johanni de Insula de rubro monte Nicolao de Sancto Mauro Michaeli de la Pool who was then Banneret Admirallo Maris Johanni de Moubray Mariscallo Petro de malo lacu le Quint Hugo de le Spencer Willielmo la Zouch de mortuo mare Johanni le Strange Johanni le Shelton and many more and some only in their Christian names and Sirnames viz. Richardo Gray Richardo Talbot Gulielmo Aincourt
Richardo Percey Johanni Fitzwater Radulpho Dacres yet these were all Barons or Bannerets though the Title of Baroni was not in their respective Writs 3. Thus they continued without any other adjuncts to their names than what I have mentioned till the first of Richard the Second and then Willielmo de Morley Willielmo de Alborough Hugo de Dacres were writ Chevaliers amongst 48. others that were Intituled as before After in the 7th of Rich. the 2d William Botereaux was brought in and with the other Three written Chevaliers and in the second Parliament of that year that Title of Chevalier increas'd to three more viz. Johanni Falsly Henry le Scroop and Thomae Camois Chevaliers so there were then seven Chevaliers in all the rest of the Barons being then Fourty five were Intituled as before and so they continued not exceeding nine Chevaliers till the third of H. 6. and for that Parliament there were but twenty Barons Summoned whereof eleven were Stil'd Chevaliers and in the fourth of his Reign all the Barons but two were Stil'd Chevaliers and in the sixth year all the Barons were Stil'd Chevaliers and so to the Twenty third wherein all the Barons were written Chevaliers except Thomas de Scales Miles who was then Lord Scalds and Dominus de Molins so here came in Dominus for a Baron and in the Twenty fifth there were Twenty six Chevaliers whereof two Stil'd Milites and three Domini in the Twenty seventh Henry Percey is Writ Militi Domino and some others which shews that the words Militi Domino and Chevalier having Writs to Sit in the Lords House had one Denotation of a Baron and in the third of Edw. 4. almost all the Barons are written Domini and Chevaliers jointly yet in the end of these Consimilars it is writ in the Record Milites omnes except Audley and Clinton and so in the 3d. of Ed. 4. all are Chevaliers but in the Postscript is Equites aurati omnes praeter Dominum Scales by which must be understood that all the rest which were Summoned to those Parliaments and their names not entred in those Rolls were Milites or Equites Aurati Except Audley Clinton and Scales which latter in the Record of the 23d of Hen. 6. before mentioned is written Miles which shews there was a distinction then between Miles and Eques Auratus as may be seen in Mr. Seldens Titles of Honour and so in the 7th and 12. 22. and 23d of Ed. 4. all Chevaliers but two Milites which do argue some distinction though all intended to signifie a Baron Then passing over other Records to the 21. of Hen. 8. all the Barons are stil'd Chevaliers but in the 36. Hen. 8. the words Domini and Chevaliers are mixt and so they continued to the 28. of Eliz. and then all the Barons are writ Chevaliers and so have continued to this time singly with that Title of Chevaliers in all their Writs without adding Dominus miles or Eques Auratus Though the Title of Baro for Baron is not us'd in these Parliament Writs no more is Bannerettus or Banneret yet it is as evident that as Dominus does signifie a Baron so the word Miles and Chevalier did signifie a Knight Banneret and so I presume it was originally intended For by comparing the Writ in the 8th of Rich. 2d to William Botereaux with the Writ to him in the 15th of Rich. 2d where in one he is called Chevalier in the other Miles it may be presumed that the Titles are one and the same the words Chevalier and Miles being so interchangeably used and sometimes joyntly yet either being applicable to Denote a Baron or Banneret 8. This Identity of Chevalier and Banneret may be evident from the Writ to the Sheriff of Surry hereafter transcribed Cited by the Learned Mr. Selden where Thomas Camois beforementioned sometimes Stil'd Chevalier sometimes Miles for brevity omitting Bannerettus being then Lord Camois or Baron and being chosen Knight of the Shire for that County to serve in Parliament in the 8th of Rich. 2. the Sheriff was commanded by this Writ to make an Election of another Knight for that County because his place was in the Lords-House as a Banneret which Writ he sets down in these following words The Writ to the Sheriff of Surry 8. Rich. the 2d concerning Thomas Camois Banneret his being Elected Knight of the Shire REx Vic' Surr ' Salutem Quia ut accepimus tu Thomam Camois Chevalier qui Bannerettus est sicut quam plures Antecessorum suorum extiterint ad essendum unum militem venientium ad proximum Parliamentum nostrum pro Comunitate Comitatus predicti de assensu ejusdem Comitatus Elegisti Nos advertentes quod hujusmodi Banneretti ante haec tempora in militis Comitatus ratione alicujus Parliamenti eligi minime consueverunt ipsum de Officio Militis ad dictum Parliamentum pro Communitate Comitatus predicti ventur ' Exonerari volumus Et Ideo tibi precipimus quod quendam alium militem idoneum discretum gladio cinctum loco ipsius Thomae eligi eum ad diem Locum Parliamenti predicti venire facias cum plena sufficien ' potestate ad consentiend'hijs quae in Parliamento predicto fient juxta tenorem primi Brevis nostri tibi pro electione hujusmodi milit ' directi nomen ejus nobis scire facias Teste Rege apud Westm ' octavo die Octobris septimo Regis 8. R. 2. Accordingly the Parliament did sit the 3d. of March and Thomas Camois in the Lords House but that which Mr. Selden observes in this Writ is that this is not to be understood of any other Banneret than a Parliament Baron or a Banneret of that time The expressing of hujusmodi Bannoretti shews that it is not meant of all Bannerets but such only as have the Title either by inheritance or in such a kind that an inheritance might be of it which is apparent also by the precedent words in the Writ Bannerettus est sicut quam plures Antecessorum suorum extiterint for it was never conceived that the Title of Banneret as it denotes a Knight-Banneret was ever hereditary However another Knight for Surry was Chosen and this Thomas Camois being Lord Thomas Camois did sit that Parliament in the Lords House as his Ancestors had done for I find that in the 15th of Ed. 2d and 4th of Ed. 3d. Radulphus Camois was Summon'd by Writs and did sit in those two Parliaments but I find none in 54 years after viz. till the 7th of Rich. 2d and then that name continued in 37 successive Parliaments viz. to the 8th of Hen. 6. as may be seen in the Records I shall make no further use of this Writ here than that of the words Thomas Camois Chevalier qui est Bannerettus doe make it clear that Banneret was denoted by the word Chevalier and that that word Chevalier amongst the Lords did shew the difference between
Banneret and an Ancient or Hereditary Baron Now in respect it is evident that the Title of Banneret was first brought into use for some meritorious action in bearing preserving or retaking the Kings Banner in time of War whereupon he received the honour of Knight Banneret and thereupon as an additional honour was also thought worthy to sit amongst the hereditary Barons and in respect many Martial exploits were about that time done in France the word Chevalier being borrowed from the French Tongue came into so great repute that such as did merit it did justly Challenge it and those of less merit did Covet it and by meer interest and favour obtain'd it and so by degrees as I have formerly shewn the word Chevalier upon the account of merit or favour did swallow up the other Titles and in process of time and favour of Kings it grew to be fixt and hereditary which was intended at first but Titulary and Temporary which hath been the fate of most of our Titles of Honour Thus having dispatcht the BreviaClausa or Close Writs of Summons to the Lords Spiritual and Temporal before the Parliament is sitting for these are different from the Writs which are sent out whilst a Parliament is sitting as will be shewn I shall proceed to the Brevia aperta or open Writs commonly called Patents by which such as are Created are inabled to sit there yet even those Lords which by their Creations are so priviledg'd have also Close Writs of Summons sent them pro forma lest they should fail of their duties for want of intimation and the Writ is and hath been anciently Clos'd least as I conceive the Writ should contain such private matter or causes of Summons as are not fit to be known by the conveyor of them to their Lordships CHAP. X. Of Patents of Creation Impowring the Lords Patentees to sit in Parliament HAving shewn the Form of the Close Writs of Summons Sect. 1. for such as are to sit in the Lords House either Ratione sanguinis regalis or Ratione tenurae or Ratione Nobilitatis Honoris I am now to shew how some of these sit there Ratione Creationis not Exclusive of the others viz. by vertue of their Open Writs or Patents of Creation for though Close Writs of Summoning to a Parliament were thought sufficient to Nobilitate the persons and their Heirs who had the benefit of them yet since Tenures and Prescriptions and Writs only were not found so safe and convenient the way of Creation by Patent hath much increased 2. These Lords Patentees having Writs of Summons as Memoirs of their Duty to the publick their Patents do not only intile them to sit in Parliament but direct them where they shall sit which their Writs of Summons do not express for the Writs do only appoint a place and time where and when to meet but not their distinct places where to sit both in respect to their own and to the other degrees of Nobility 3. These are called Patents of Creation signifying something which was not before now it is evident by what I have shewn that there were persons called Dukes Marquesses Earls Viscounts and Barons both in Foreign parts and in this Kingdom long before those Degrees were Erected by Patent but till then as Mr. Selden saith they were to be esteemed rather Official than Nobilitated Dignities and therefore it must be understood that the Form of making them Earls Dukes c. by these Letters Patents were not in use here in England till Dukes Marquesses Earls c. did accept of this instrument or Form and thereupon call'd Dukes Earls c. by Creation 4. I find these Patents to be of three sorts First of Titles Confirm'd viz. such as were before their Patents Secondly of Titles Reviv'd viz. which were before but were extinct for want of Issue or Escheated to the Crown for Treason c. which often happened in the Barons-wars and at other times Thirdly Titles Created or given where none was before As to the first viz. of such Titles as were before their Patents of Creation it appears that Awbry de Vere as Mr. Cambden saith had the choice of four Earldoms viz. Dorset Wilts Berks and Oxfordshire of which four Shires there having been Official Earls both in the Saxons and afterwards in the Normans time he chose Oxfordshire which being granted to him by Henry the 1st it was confirm'd to him by Patent of Creation by Hen. the 2d according to this following Patent The Patent to Awbry de Vere Confirming him Earl of Oxford HEnricus Secundus Rex Angliae Dux Normaniae Aquitaniae Comes Andigaviae Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciarijs Vicecomitibus Ministris omnibus Fidelibus suis totius Angliae Franciae Angliae Salutem Sciatis me dedisse concessisse Comiti Comitatus Oxenfordscire ut sit inde Comes quare volo Firmiter praecipio quop ipse haeredes sui habeant inde Comitatum suum ita libere quiete honorifice sicut aliquis Comitum Angliae liberius quietius honorificentius habet Test 5. H. 2. Attested by the Chancellor three Earls and ten others of Quality Mr. Selden observes Selden 1. H. p. 539. that this Patent was rather a Consirmation than a Creation and further saith that in a Chancerystile a Creation and Confirmation signisie the same however though the words in the Patent are not Confirmasse but only Dedisse and Concessisse yet I conceive it plainly appears to be a Confirmation from the words in the Patent viz. habeant inde Comitatum suum which implies that that County was his before this Confirmatory Creation The second sort of Creation Patents are the reviving of a Title which had been before but lay Dorment as in this following Patent of Creating Edward call'd Edward the Black-Prince Son to Edward the 3d. to be Duke of Cornwal there being Official Dukes of Cornwal before The Preamble to the Creation of Edward Son to Edward the 3d. Duke of Cornwal EDwardus Dei gratia Sect. 6.11 Ed. 3. c. inter caetera Regni insignia illud arbitramur fore potissimum ut ipsum ordinum dignitatum Ossiciorum distributione congrue vallatum sanis fulciatur consilijs robustorum potentijs teneatur plurimis itaque gradibus haereditarijs in regno nostro cum per descensum haeredetatum secundum legem regni ejusdem ad cohaeredes participes tunc deficiente exitu alijs eventibus varijs ad manus regias devolutis passum est a diu in nominibus honoribus graduum dignitate defectum multiplicem dictum regnum Nos igitur ea per quae regnum nostrum decorari idemque regnum ac Sancta ejusdem Ecclesiae aliae etiam terrae nostro subjectae Dominio contra hostium adversariorum conatus securius decentius defensari paxque nostra inter nostros ubique subditos conservari illaesa poterint meditatione
concedo G. de M. pro servitio suo heredibus suis post eum hereditabiliter ut sit Comes de Essexia habeat tertium denariorum Vicecomitatus de placitis sicut Comes habere debet in Comitatu suo So here was both the Honor the Service and the Reward mention'd in less then thirty words There is nothing alledged for the length of these Patents but that the latter Ages as 't is said are more cautious than the former and that abundans cautela say we non nocet which occasions an abundance of words more than anciently were in use As to the sinalness of the Creation-Money those who have taken pains in Writing about raising of the price of Money both Gold and Silver since Edward the Third's time tell us That there are three ways of raising it First By encreasing the Value of it that is by giving more parts to it than originally it had as by ordaining an Angel of Gold to be valued at a 11 s. which was Coin'd for 10 s. or a Shilling to be valued at 14 d. The Second By diminishing the Matter but leaving the same Name and Value to the Money which it had before as when Angels or Shillings are Coin'd by the same Name and Value as before but diminished some Grains in the weight or if new Names be given to them and the same Value retain'd but the weight diminished for in this case there being really less Gold or Silver in weight in the price than was before and the value remaining the same this Silver and Gold which remains hath an high price set upon it The Third is When the Value remaining the same of the Species of Money and the Weight the same the fineness is abated by putting more Allay to it so as really then there is less Gold or Silver in fineness for it is supply'd by Copper which is usually the Allay to either whereby the Weight is made the same as before but the Fineness so much less They further tell us That the Causes of these Allays are first the Gain which the States make by it the better to supply themselves in their necessities for Money the other Cause is an Art which all States do frequently use as it were to rob one another of their Money by vying one upon another who shall raise their Money highest and this occasions the raise and fall of Exchanges of Money among our Merchants which is a Mystery worth the knowing by every one that serves in Parliament thereby to prevent Injuries and to maintain the Honour and Profit of our Kingdom But whatever uncertainties are in the raise or fall of Money this is certain That 20 l. per Annum in those days did go as far if not farther in managing Mens occasions where Money was to be us'd as 200 l. per Annum now and one great Reason was Because in almost all matters of Wars or Peace the Tenants were obliged by their Tenures to supply their Lords especially in Provisions for Hospitality and Labour without Wages or very little so as a little Money was lookt on as a great Reward as may be seen in the Tenure of the Lord of the Mannor of Carlton in Norfolk who is oblig'd every year with himself and his Servants to present to the King a certain number of Herrings from the City of Norwich with which the Town of Tarmouth are oblig'd by their Patent to supply that City for that purpose and after three days stay upon delivery of the Herrings to the King the Lord of Carlton is to be presented by the Master of the Green-Cloth with a Groat to buy him a pair of Gloves as a full Recompence of his Trouble and this continues to this day So as if we look upon the gift of 20 Mark or 20 l. according to the present Adequation of Money to the rates of other things it may seem a Sum derogatory to the Honour of the King that gives it as to him that receives it and therefore it must be considered as the Groat a Gift of Antiquity Noble and Liberal in its first Intention but had the large Encomium to it before recited been as ancient as the Gift I should not at this time have taken notice of its exuberancy However in pursuance of my Design these Patents of Creations do intitle them where to sit in the Lords House c. Thus having done with the Patents which concern the Lords Spiritual and Temporal I intended to have writ something here concerning the Antiquity and present Use of Seals and Labels to Patents and Writs and of various Superscriptions to the Lords and Commons c. as also of Wax Parchment c. as necessary Utensils for carrying on the Constitution of a Parliament but I shall reserve the Discourse of them till I have past through the Parliament-Writs as well concerning the House of Lords as House of Commons and Convocation-Houses and so now proceed to the General Titles given to the Grandees of the House of Lords viz. Nobles Lords and Peers CHAP. XI Of Nobles Lords and Peers I Have past through the four first Exemplar Writs in the Pawn concerning the Lords Spiritual and Lords Temporal and given an account also of so much of their Patents of Creations as relate to Parliaments But in respect these Nobles are sometimes call'd Lords and sometimes Peers and thereupon the very place where they sit in their High Judicatory is call'd the House of Lords or House of Peers I think fit to hint some few Memorials before I proceed to the Fifth Exemplar of Assistant Writs 1. It is agreed by all Inspectors of Words that Lords and Peers are of the same signification with us that Domini and Pares had with the old Romans so as we and the French are equally beholding to the Latin for them but when the word Dominus was chang'd into the word Lord having no more affinity of sound or Orthography than Comes and Earl or when Pares into Proceres of a nearer sound may be a question but it may be sufficiently evident that the word Lord was the Abbreviation of Louerd which the Saxons at their first coming about the year 448. used here instead of Dominus 2. As for the word Peer we commonly use it as signifying a Defence as Dover-Peer and Yarmouth-Peer c. which is from Petra a Rock which the French write Pierre and we Peer these Artificial Peers being made in imitation of Rocks to defend the Land against Inundations and it may very aptly allude to the Noble Peers in Parliament who are the Rocks or Peers of our Safety 3. To pass this it is allow'd That Pares in Latin Paires in French and Peers in our English Dialect are all three words of the same sence signifying Parity or Equality and as the French had it from the Romans by whom they were call'd Pares Curiae viz. Qui ab eodem domino feudum retinent so we had it from the French who
Allegations it is evident That the Lords Spiritual are Pares or Peers but inter seipsos gradu Episcopali vitali but not Pares to the Temporal Lords who are Pares gradu haereditario Nobilitatis honoris either Descendent or Created so that though all the Lords in the Lords House may be said to be Peers yet the Lords Temporal being in gradu celsior is Nobilitatis are more properly to be accounted so than any other Degree in respect that as their Interest is greater than any other Degree so they cannot be said to be Pares to any lesser than themselves and therefore it may aptly be said that none but such Dukes Marquesses Earls Viscounts and Barons as are summon'd by Writ to sit in Parliament are to be accounted Peers of the Realm or of Parliament All other Degrees of Nobility or Degrees under these five Degrees are only Pares sui cujusque ordinis and not Pares Regni and so the House of Commons in time of Parliament are Pares minoris Nobilitatis and the Lords of the Lords House Pares majoris Nobilitatis The next subject that I am guided to treat of is concerning Proxees to the Lords Spiritual and Temporal which may be made either of Lords or Peers or of neither Lords nor Peers yet by this Proximation are pro hac vice nobilitated CHAP. XII Of Proxees I Am now to speak of such as are substituted by the Lords Spiritual or Lords Temporal to sit in the Lords House and these are called by the name of Proxees 1. The Latin word for Proxee is Procurator which is sometimes English'd Proxee and sometimes Proctor according to the Employment of the Person to whom it is apply'd Proxee in a Parliamentary sence is constantly apply'd to such a Deputy or Substitute as is chosen by any Lord Spiritual or Lord Temporal by Licence first had from the King in case of just occasion alledged for absence to supply his Deputy in the Lords House and thereupon his Vote to be as significant to all purposes as if the absent Lord were present and therefore the word Proxee may well be thought to be only the Tachygraphy or short writing of Proxime signifying the next in Judgment Opinion Degree or Quality to the Lord who chooseth him for his Proxee But Proctor which is the most literal abbreviation of Procurator hath several applications first to such as are in some sort a Limb or Branch of Parliaments viz. such as are chosen by the Chapters and Clergy together with Archdeacons and Deans to represent the whole Clergy as Knights Citizens and Burgesses do the Laity or whole Commons of England but these are more usually call'd Representatives the other constantly Proctors both being deputed by distinct Degrees to distinct Purposes as will be more fully shewn Secondly There are also Proctors for the two Universities of Cambridge and Oxford And Thirdly Proctors of Ecclesiastical Courts which have no other relation to Parliaments than according as they are concern'd in Elections The Proxees which are admitted to the Lords House are like those in the old Roman Empire call'd Procuratores Caesaris which were the chief of four sorts of Procuratores amongst them because that first and chief of the four were only imploy'd ad Res publicas administrandas the other three for lesser matters and so the Proxees of the Lords House being the chief of all other Proxees are to be esteemed Publicarum rerum administratores as fully as the absent Lords except in some particulars as to Place Continuance c. 2 These Noble Proxees are as I said lincensed by the King upon the Petition or Request of some Lord Spiritual or Lord Temporal and are not usually made of Strangers who are not Members of the Lords House nor of the Assistants of that House When the absent Lords occasions of absence have not been just or his absence inconvenient to the Publick the King hath often deny'd to License their Proxees but when the Allegations have been just the Proxee hath been sometimes allow'd without the Kings License Sometimes it hath been allow'd to the absent Lord to make a Proxee of such a person as is otherwise incapacitated to sit in the Lords House for by this he is nobilitated but there hath been none such allow'd in this Parliament 3. Generally the absent Lord doth six upon such a Lord as I said doth sit in the Lords House by his own Right and Writ of Summons whereby the Proxee-sitting Lord hath a double Voice one for himself the other for the absent Lord to whom he is Proxee 4. These Noble Proxees are made sometimes before the sitting of a Parliament after the Writs are issued and sometimes in the time of their sitting and their Deputations both before and after the sitting have several Forms as will be shewn 5. In former times the Lords Spiritual had the privilege to make two or three Proxees but since the dissolution of Abbies and that Abbots c. were excluded no Proxor or absent Lord doth make but one Proxee 6. The Licenses for Proxees as I said were granted by the King upon the absent Lords Petition which Petition from Edward the Third's time was in this Form Serenissimo Principi Domino Edwardo Dei gratia Regi Angliae Franciae Hiberniae Domino c. Quia impedimentis varijs arduis negotijs c. sumus multipliciter impediti quo instante Parliamento vestro apud Westmonasterium in Quind ' c. proximo futur ' personaliter esse non valentes And so others for other reasons pray that he may be allow'd his Proxee whereupon License was granted as may be seen in ancient Journals but more lately in Queen Elizabeth's time thus Right-trusty and well-beloved We greet you well Whereas we are inform'd That by reason of Sickness you are not able to make repair hither to this our Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and to License you to remain still at home for this time so nevertheless that you send up your Proxee of such Personage as may be for you in your Name to give his Voice and Assent or Denial to such Matters as shall be concluded on in our said Parliament And this our Letter shall be your Warrant Given under our Signet at our Palace at Westminster the 20th of November in the Eighth Year of Our Reign 8. These Licenses are usually entred in the Signet or Privy-Seal-Offices and pass no further but are certified to the Lords when sitting 9. This regular Method of Licenses continued till about the end of Queen Elizabeth's Reign but by the kindness or connivance of her Successors to the Nobles there hath been of late no more Ceremony us'd than a Verbal Motion to the King and some Nobles by that Indulgence have constituted Proxees without application to the King only adding in their Deputations to their Proxees viz. per Licentiam
Domini Nostri Regis conceiving that the very mentioning of the Kings License was a sufficient acknowledgment of his Prerogative herein however these following Proxee-Deputations or derivative Writs which I cite as Precedents were regularly obtain'd The Form of a Proxee-License from one Lord Temporal to another before the sitting of a Parliament 10. OMnibus Christi Fidelibus ad quos hoc praesens scriptum pervenerit Rupertus Palatinus Rheni Dux Bavariae Cumbriae Comes Holdernes in regno Angliae salutem Noveritis me praefatum principem per Licentiam Serenissimi Domini nostri Regis a suo Parliamento tenendo inchoando apud Westmonasterium in dicto regno Octavo die Mensis Maij proximo futuro sufficienter excusatum abesse Nominare ordinare constituere dilectum mihi in Christo praenobilem honoratissimum virum Jacobum Ducem Marchionem Comitem Ormondiae Comitem Osoriae Carrickiae Breconiae Dominum Thurles Baronem meum verum certum indubitatum Factorem Attornatum Procuratorem eidemque Procuratori meo dare concedere plenam Authoritatem Potestatem pro me nomine meo de super quibuscunque causis exponendis seu declarandis tractandis tractatibusque hujusmodi mihi factis seu faciendis Concilium nomine meo impendendum Statutisque etiam ordinationibus quae ex maturo deliberato Judicio Dominorum in eodem Parliamento Congregatorum inactitari seu ordinari contigerint nomine meo consentiendum eisdemque si opus fuerit subscribendum Caeteraque omnia singula quae in praemissis necessaria fuerint aut quomodolibet requisita facienda exercenda in tam amplo modo forma prout ego ipse facere possem aut deberem si praesens personaliter interessem ratum gratum habens habiturus totum quicquid dictus Procurator meus statuerit fecerit in praemissis In cujus rei testimonium praesentibus subscripsi Sigillumque meum apposui datum apud Westmonasterium decimo sexto die Aprilis Anno Regni dicti Domini nostri Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. decimo tertio Annoque salutis nostrae 1661. 11. This was subscribed Rupert and sealed with his Seal at large upon an annext Label 12. All Proxee-Writs of this nature are given into the Clerks of the Parliament before the Proxees are admitted and their Licenses either produced to the Lords if written or affirm'd by some other Lords that the Kings consent was thereto 13. This was the only derivative Proxee-Writ which was made by a Lord Temporal of this Parliament 1661. before the Sessions and though the Foreign Titles of the Proxor and of his Proxee are mention'd in the Writ Honoris Gratia yet it operates nothing in this Case for as the Proxor could not make a Proxee without the Kings License written or vernal so he could not be a Proxee by virtue of his Foreign Titles but only by their English or Welsh Titles viz. as Duke of Cumberland he was Proxor not as Palatine of the Rhine or Duke of Bavaria and the Earl of Brecknock was his Proxee as Earl of Brecknock not as Duke of Ormond 14. Had there been more of these Derivatives before the Sessions they must have been in the same words differing only in the Titles of the Proxor and Proxee and those that were made the Parliament sitting viz. the 10th of May the Earl of Holland before any Prorogation made the Earl of Suffolk his Proxee and are also in the same words with the other Form mutato nomine and by changing the future to the present viz. Tenendo Inchoando to tento inchoato but after a Prorogation the words are as in the next Writ at inde prorogato c. And these two Derivatives are sufficient to shew the difference between Writs made before the Parliament or before any Prorogation and the Writs made after a Prorogation 15. The recital of Prorogation or Prorogations are not only so in Derivatives but in all original Writs which are issu'd after a Prorogation by reason of the death of any Lord to summon another I have entred this Writ to the Archbishop here though I shall speak more of it when I come to treat of Writs made in time of Parliament because it contains many Clauses different from the Derivatives to the Lords Temporal especially in the last Paragraph more observable The Form of the Archbishop of Canterbury's derivative Proxee-Writ to the Bishop of London after a Prorogation OMnibus in Christo Fidelibus ad quos hoc praesens Scriptum pervenerit Gulielmus providentia divina Cantuariensis Archiepiscopus totius Angliae Primas Metropolitanus Salutem in Domino sempiternam Cum Serenissimus Dominus noster Rex quibusdam de causis sublimitati suae intimatis licentiam a praesenti hoc suo Parliamento tento inchoato apud Westmonasterium octavo die Maij Anno regni sui decimo tertio continuato ad decimum nonum diem Maij Anno decimo quarto dicti Domini Regis inde prorogato ad decimum octavum diem Februarij proximè inde sequentem nobis absentandi ex suo speciali gratia favore nuper concesserit dummodo sidelem aliquem Procuratorem vice locoque meis ponerem ordinarem constituerem Noveritis Igitur me praefatum Archiepiscopum dilectum mihi in Christo Reverendum in Christo Patrem Gilbertum eadem divina providentia Dominum London Episcopum meum verum certum indubitatum Factorem Actorem Procuratorem Attornatum negotiorumque nostrorum Gestorum Nuntium specialem nominare ordinarefacere constituere per p'sentes dando concedendo eidem Procuratori meo plenam authoritatem potestatem de super quibuscunque causis negotijs statum utilitatem dicti Domini nostri Regis Reipublicae incolumitatem Ecclesiae Anglicanae quietem concernentibus quae in praefato Parliamento qualibet ejusdem sessione per dicti domini Regis statum agitari contigerint tractandi tractibusque hujusmodimihi factis seu faciendis concilium auxilium nomine meo imponendis etiam ordinationibus quae Communi statu praedicta ordinatione ibidem fieri ordinari contigerint nomine meo consentiendi ijsdem si opus fuerit subscribendi vel dissentiendi Caeteraque omnia singula quae in praemissis aut in aliquo praemissorum necessaria fuerint seu quomodolibet requisita faciendi expediendi exercendi in tam amplis modo forma prout ego ipse facere possem deberem si praesens personaliter interessem Promittoque me ratum gratum firmum perpetuo habiturum totum quicquid dictus meus Procurator statuerit aut fecerit in praemissis sub Hypotheca obligatione omnium singulorum bonorum meorum in ea parte cautionem expono per presentes In cujus rei Testimonium manum sigillum meum Apposui Dat apud Lambeth '
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
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
determin Causes yet appealable to the Lord Chancellor 5. There are other Masters of Chancery call'd Extraordinary and six Clerks of eminent Quality and other Clerks imployed both in the Chancery and Rolls but these are not Summon'd to Parliaments of whom I shall speak more but in in those capacities which I have mention'd the Master of the Rolls as Master of the Rolls or chief Clerk of the Pettibag or both or chief Master of Chancery or in all three Capacities he is very Assisting to a Parliament especially in the business of Summons c. For as I have shewn in Cap. 2. whenever the Kings Warrant is sent to the Lord Chancellor to issue out Writs for a Parliament his Lordship either sends it or a like Warrant to the Master of the Rolls who as chief Clerk of the Pettibag causeth the other Clerks of the Office to ingross all the Writs both for the House of Lords and House of Commons so as they may be fit for the Great Seal and these being thus done and fairly abstracted and ingross't into a Roll which is call'd the Parliament Pawn and lies there as a Memorial and Record of what they have done and as a President for the future all the particular Writs mention'd or intimated in that Pawn being fitted are carried to the Lord Chancellor and being in his presence Seal'd they are immediately delivered to Messengers belonging to the Chancellor who do take care to dispose some to the Persons to be Summon'd for the Lords House and others to the respective Sheriffs of all Counties and Comitated Cities for Elections of such as are to sit in the House of Commons and so the Master of the Rolls and the Clerks of the Pettibag having done all their parts and the Messengers and Sheriffs theirs the same Writs which concern the Lords House are or ought to be return'd to the Clerk of the Lords House at the first Sitting and the Writs for Elections are to be return'd by the respective Sheriffs to the Clerk of the Chancery Crown Office and not to the Pettibag as hath and will be shewn for they come no more there till some time after Dissolution of a Parliament and then for ease of that Office and more safely preserving them they are order'd to be carried to the Rolls and from thence to the Tower all which will be more fully shewn which method I often repeat in this Treatise because I find it so much neglected As to the Imployment of the other Eleven Masters of the Chancery in time of Parliament I shall shew it in a distinct Chapter This Master of the Rolls doubtless hath been anciently Summon'd to Sit in the Lords House yet I find no Writs issued to him till the 36th of Henry the Eighth and then as Master of the Rolls not as chief Master of Chancery and after that he was Summon'd to all Parliaments except the 39th of Eliz. and first of King James and in this very Parliament a Writ was prepared for him but being Elected a Member of the House of Commons his attendance was not requir'd in the House of Lords for what reason I know not but he hath his place whenever he Sits there next to the Lord Chief Justice of England upon the second Woolsack as will be shewn in the Chapter of Places The Consimilar Writ to the Chief Justice of the Common-Pleas THE Patent which invests this Chief Justice to his Imployment in this Office is in haec verba Carolus c. Omnibus ad quos Patentes Litterae nostrae pervenerint salutem Sciatis quod Constituimus dilectum fidelem Orlandum Bridgman Militem Capital'Justitiarium nostrum de Banco suo Duran ' bene placito Teste c. Observations HIS Writ of Summons to Sit in Parliament is also Capitali Justitiario nostro de Banco mutato nomine in all other words agreeing with the Exemplar and here it may be again observed to prevent vulgar misunderstandings That the Lord Chief Justice of England is Chief Justice of the Kings Bench or upper Bench and this is Chief Justice of the Common Bench and sometimes one is call'd Chief Justice of the Pleas of the Crown as in the Latin words De placitis Coronae and this Chief Justice of the Common-Pleas or Communia Placita yet in the Latin Writ it is de Banco so as both Courts are call'd Bancks or Benches and both call'd also Courts of Pleas in respect of Pleas or Pleadings one properly concerns the King in matters Criminal the other concerns the Pleas or Pleadings of the Commonalty or Common People among themselves in matters Civil and one also is call'd the Upper Bench the other the Common Bench and therefore what ever the Patent or Writs are yet for an easier distinction I here intitle one the Chief Justice of the Kings Bench the other Chief Justice of the Common-Pleas 2. As for the names Bench or Banc Pleas or Placita I refer them to my Annotations 3. The Chief Justice hath three more Justices to assist him in this Court 4. That which makes the eminency of this Court is That only the learned Serjeants of the Coife of whom I shall speak in order being the next Degree to Judges do Plead in this Court yet not prohibited from Pleading in all other Courts but all other Graduans of Law have the liberty to Plead in all other Courts but not in this 5. The Pleas of this Court cannot be so well ascertain'd as that of the Kings Bench because the Pleas held by Common Persons or between Subject and Subject are devided into as many Branches as Actions and the Actions into as many Causes as there are variety of Contests in the Kingdom yet all these Actions Causes and Contests are included under three notions Real Personal and Mixt which are here tried as they happen according to the strict Rules of Law As for Personal and Mixt Actions they are tried in other Courts but Real Actions are only Pleadable here nor are any Fines of Concord which is observable levied in any Court but this so that as Sir Edward Coke saith the Motto of this Court may be Haec est finalis Concordia 6. Upon these and other considerations the necessity of requiring Assistances from the Justices of this Court may appear For as the Justices of the Kings Bench may acquaint the Lords with what concerns the King so the Justices of the Common Pleas may most properly acquaint them with what concerns the People whereby Laws for either may be corrected repeal'd or made de novo as shall be thought most expedient 7. The Justices of this Court are not concern'd in the managing of any Summons to a Parliament as the Lord Chancellor and Master of the Rolls are Of the Consimilar Writ to the Chief Baron of the Exchequer THE Title of this is different from the two Chief Justices for his Pattent is thus Carolus c. Omnibus ad quos Patentes Litterae nostrae pervenerint Sciatis
quod constituimus Matthaeum Hale Militem Capitalem Baronem Scaccarij nostri duran ' bene placito Teste c. Scaccarius being that which we call Exchequer But his Writ of Summons to a Parliament is with this addition Dilecto Fideli Matthaeo Hale then as in the Exemplar Writ omitting Durante hene placito and so in all the Assisting Writs because the continuance of a Parliament as I said is but Durante Placito Regis therefore needless to insert it Observations THIS Chief Baron hath four more Barons to assist him in his proper Court of the Exchequer whereof the puisne or youngest made Baron of the four is not an Itinerant Justice nor accounted in the number of the Twelve Judges 2. These Barons are not such as are before mention'd of the next Degree to Viscounts in the Lords House nor such as are meerly Barons by Courtesy or Barons of Court Barons or Barons of the Cinqueports of whom I shall speak more when I treat of them in the House of Commons but are great Officers of Justice and so his Writ calls him Baro Scaccarij or Baron of an Officiate Place but the Writ to the noble Baron before mention'd is to an Hereditary Place viz. Johan Nevil Baro de Abergaveny and so to others of that Degree 3. Some think they were call'd Barons because the Court of Exchequer was anciently manag'd by noble Barons but as Okham saith that these Barons were to be Majores Discretiores c. being either cull'd out of the Clergy or Laity or the Kings Court and for many ages the chief of these five Barons was call'd as now both in his Patent and Writ Capitalis Baro and generally is Intitled the Lord Chief Baron the other four Barons do assist him in all matters between the King and his Subjects in cases properly appertaining to Assize Exchequer or the Kings Revenue 4. He is the chief Judge of that Court in matters of Law as also of Informations of any abuses therein and of Pleas upon them and solely gives order for Judgment wherein the Lord Treasurer thinks not fit to concern himself 5. He alone without other Barons in Term time Sits in Afternoons at Guild-hall upon Nisi prius upon cases which arise in London and cannot be dispatch't in the Mornings he takes Recognizances of Debt Appearances and Observances of Orders he takes the Presentations of all Offices unto himself and causeth an Oath to be given to the Lord Mayor of London He takes Audits Accounts c. in his absence and sometimes to ease him the second and third Baron hath the like power and the fourth takes the Oath of Sheriffs and as I said the three first of the five have constantly their Writs of Summons to a Parliament yet the fifth is also of good use in that Office but hath no Writ of Summons as the other 6. That which is most observable of this Court is that all Cases of great difficulty in the Kings Bench or Common-Pleas are still Adjourn'd to the Exchequer Chamber and there with the Barons Debated Argued and Resolved by all the Twelve Judges whereof the four first Barons make four of the Twelve 7. This Court consists of two parts the upper Exchequer and the lower the upper is that wherein these Barons do execute their Justice but herein the Lord Treasurer as Supervisor may Sit as oft as he pleaseth however once in every Term he seldom fails to Sit and hear Matters but the lower Exchequer is chiefly under the care of the Lord Treasurer the Offices of upper and lower being distinct yet both of them considered jointly under the Title of the Exchequer do include eight Courts or Offices viz. A Court of Pleas in some manner like the Kings Bench and Common-Pleas Secondly The Court of Accounts Thirdly The Court of Receipts Fourthly The Court of the Exchequer Chamber being for the Assembly of all the Judges of England as I said for Matters in Law for special Verdict Fifthly The Court of Exchequer Chamber for Errors in the Court of Exchequer Sixthly The Court of Exchequer Chamber for Errors in the Court of Kings Bench Seventhly The Court of Equity in the Exchequer Chamber Eighthly That which was but is not now call'd a Court yet is an Office much of the same nature and of as great concern as some of the other Intituled the Remembrancers Office of the first Fruits and Tenths who takes all Compositions and makes out all process for such as do not pay the same so that the business of this Court and inclusive Courts and Offices doth imploy above 200. Officers and Clerks 8. From which may be computed what variety of business this Court doth afford to a Parliament though not in the troubles of Summoning it yet by bringing in and issuing out of Money which are the Nerves of a Kingdom and Arteries of a Parliament so as the Progresses of this and the inclusive Courts do occasion more Debates in Parliament than what ever do arise from the Chancery Rolls Kings Bench or Common-Pleas Having done with the first Orb or Rank of Degrees of such Professors of the Law as are Summond to Parliaments consisting of five viz. Lord Chancellor Lord Chief Justice of the Kings Bench Master of the Rolls Lord Chief Justice of the Common Pleas and Lord Chief Baron I shall proceed to the second Orb or Rank of Degrees usually Summon'd and these are three Justices of the Kings Bench three Justices of the Common Pleas and three Barons of the Exchequer whose Writs are also Consimilary to that of the Lord Chief Justice of the Kings Bench. The Consimilar Writ to the three Justices of the Kings Bench. EACH of these Justices have their distinct Patents in these words 1. Carolus c. Omnibus c. Sciatis quod constituimus c. Tho. Mallet Militem unum Justitiariorum suorum ad placita coram c. Teste c. 2. His Parliament Writ hath also the same words in the Dative Case Vni Justitiariorum suorum 3. Tho. Twisden Miles had his Patent and Parliament Writ in the same words Vnum Vni 4. Wodham Windham had also his Pattent and Writ in the same words Vnum Vni Of the Consimilar Writs to the three Justices of the Common Pleas. 1. ROB. Hide Mil. had his Patent of Constituting him Vnum Justiciarium suorum and his Parliament Writ Vni Justitiariorum 2. Tho. Tyrrill Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. Samuel Brown Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni Of the Consimilar Writs to the three Barons of the Exchequer 1. EDward Atkins Mil. had his Patent of Constituting him Vnum Baronum de Scaccario and in his Parliament Writ Vni Baronum de Scaccario 2. Christopher Turner Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. This place was vacant so but eight of the nine Judges
Mary two in the 28th of Eliz. two in the 30th of Eliz. one in the 35th of Eliz. three in the 39th of Eliz. one in the first of Jacob. three in the 21. of Jac. five in the first Car. prim four in the 15. Car. 1. three in the 13th Car. 2d the two before mentioned for whom Writs were order'd but not actually Summond as I have shewn 9. In the 39th Eliz. the Writs to the three Serjeants are directed distinctly Vni Vni Vni but in all the rest Servienti ad Legem without the addition of Vni nor do I find Vni added in any former Writs before Henry the Eighth but only this viz. 4 Hen. 5th Johanni Stranguayes Vno Servienti Regis ad Legem 10. And as a peculiar distinction the Kings eldest Serjeants have the Priviledge to Plead in all Courts of Westminster within the Bar but only in the Common Pleas where no other Graduats of Law but themselves can Plead as I have shewn and there all the Serjeants stand without the Bar. 11. They are also sometimes Assistants to the Judges and to the Lord Chancellor and Master of the Rolls and many times in case of age or infirmness of the Judges they do supply their places both in the Courts of Westminster and in their Itinerances and Circuits Pro hac vice and upon death of any of them if the King think fitting they are Constituted Judges in their Vacancies and this by Commission 12. As to their places in Parliament they are next the Judges as shall be shewn in the local part of this Treatise as also of their Imploymens sedente Parliamento Thus having brought the Servientes ad Legem to be Judices Magistros legum I pass to the second Degree of the third Orb or Rank viz. the Kings Attorney General The Consimilar Writ to the Kings Attorney General THis appellation of Attorney is deriv'd from Tourne so call'd in Magna Charta SECT 17 which anciently was call'd the Sheriffs Moot or view of Frankpledge and to this day is call'd the Sheriffs Tourne from Turris signifying a Tower or Castle where these Courts were kept and where inquiry is made upon Oath of all things done contrary to the peace of the Countrey c. as will be shewn when I come to the House of Commons and then those who did practise to those ends in those and other Courts were call'd Ad Tourny's or Attourny's generally the word doth signifie a Person intrusted to manage other mens Concerns And this being the most Eminent Trust in managing the Kings Concerns his Duty Care and Pains is the greater and more Eminent he hath also his Patent In haec verba CArolus Secundus c. Omnibus ad quos c. Salutem Sciatis quod nos de fidelitate Circumspectione dilecti fidelis nostri G. P. Mil. plurimum confidentes ipsum G. F. Constituimus Ordinavimus deputavimus assignavimus nostrum Generalem Attornatum in omnibus curijs nostris de Record'in Regno nostro Angliae Habendum occupand'officium hujusmodi Generalis Attornat ' nostri prefat ' G. F. quamdiu nobis placuerit percipiend'in pro officio illo exercend'Vad'Feod'Profic ' Regard'eidem officio pretinend'sive consuet ' Dedimus etiam ac tenore presentium damus prefat ' G. F. plenam potestatem authoritatem faciend'ordinand' deputand'tales clericos officiar ' sub seipso in quolibet Cur ' nostra quales aliquis alius officium illud proantea habens nomine occupans habuit fecit ordinavit seu deputavit aut facere ordinare seu deputare consuevit eo quod expressa mentio c. In cujus rei c Teste c. And he hath his Writ of Summons to a Parliament also In haec verba Carolus c. Dilecto fideli Galfrido which we in English call Jeffery Palmer Militi Attornato suo generali salutem and so verbatim according to the Exemplar Observations 1. THat which makes this Assistant the more eminent and remarkable is That as there is but one Lord Chancellor or Keeper one Lord Chief Justice of the Kings Bench one Master of the Rolls one Chief Justice of the Common Pleas and one chief Baron of the Exchequer so there is but one Attorney General and though those five have Judges and Masters of Chancery to assist them this hath no proper Officer under him yet hath power to depute Clerks and other Officers to assist him and is Singulus in omnibus omnis in singulis 2. Neither these nor any of the Assistants to the Lords House before named have the priviledge of making Proxies either before or in time of Parliament yet I remember something Equivalent in in the case of Valentine Elliot c. when upon a Writ of Error brought into the Lords House for reversing of a Judgment given in the Kings Bench against the said Elliot Sir Jeffrey Palmer being then Attorney General and indispos'd in his health and thereby finding himself unfit to manage that Case Mr. North then a young Professor of the Law was permitted to appear for the Attorney General and Plead the Case only here was the difference had Mr. Attorney been there in Person he had stood within the Bar and Pleaded but Mr North Pleaded without the Bar which he manag'd with so much Law Eloquence and Dexterity that his Abilities being known by usual Degrees in few years he was advanc't to his present Station of Chief Justice of the Common-Pleas 3. This Title of Attorney General began in Eward the Firsts time but I cannot be positive when they had their first Writs of Summons but in the 21.30 and 39. of Hen. 8. he had a Writ and so the 1.6.7 Edw. the 6. also the 1. and 1. of Mary and 2.3.4 and 5. Phil. and Mary and in those two last Writs he is term'd Attornat ' Dominorum Regis Reginae General ' and then in the 28.30.39 and 43. Eliz. Attornato Generali and so also the 1. and 21. of King James also the 1. and 15. Carol. primi and now 13. Caroli Secundi Sir Geffrey Palmer Attornato and after him none did sit in the House of Lords during this Parliament except Sir William Jones Knt. the Attorneys intervening those two being still chosen in the House of Commons as will be shewn Of the Consimilar Writ to the Kings Solicitor General THe words Attornatus Solicitator are us'd in the Civil Laws SECT 18 as here at the Common Law for such as do take care to manage or tend other mens Affairs and there is but one of that Profession as is before shewn of the Attorney General but because the Title should be distinguish't from the common sort of such Practisers as the Kings Attorney hath his Patent and Writ from the King so hath this thereupon call'd the Kings Solicitor General his Patent is In haec verba CArolus Secundus c. Omnibus ad quos c. salutem Sciatis
quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris ordinavimus fecimus constituimus dilectum fidelem nostrum H. F. Mil. Solicitatorem nostrum Generalem ac ipsum H. F. Solicitatorem Generalem nostrum per presentes ordinavimus fecimus constituimus Habendum gaudend occupand exercend officium illud quamdiu nobis placuerit Percipiend annuatim eidem H. F. pro occupatione exercic ' officij predicti tal' tant ' Vad. Feod Profic ' commoditat ' qual' quanta dicto officio debito sive pertinend prout aliquis alius sive aliqui alij officium predict ' proantea habens sive occupans habuit vel percepit habuerunt sive preceperunt in pro exercitio ejusdem officij eo quod expressa mentio c. In Cujus rei c. Teste c. Observations THough this Imployment was granted by Patent in Edward the Fourths time yet for want of time I shall also begin his Writ of Summons the 21. of Henry the Eight and then Edward Griffin being Attorney General Gosnold was Solicitor and the Writ was Hen. Rex c. Dilecto fideli suo Johanni Gosnold Solicitatori suo Salutem Quia and so verbatim according to the Exemplar in the 36 Hen. 8. William Whorwood was Attorney General and Henry Bradshaw Solicitor and had his Writ the first of Edw. the Sixth Bradshaw was made Attorney General and Edward Griffin Solicitor and had his Writ and the 6. of Edw. 6. Griffith was made Attorney and Jo. Gosnold Solicitor and had his Writ and both continued so till the first of Mary and then William Cordel in the room of Gosnold was made Solicitor and had his Writ also in another Parliament of that year both had their Writs in the 1. and 2 3 and 4. of Phil. and Mary and in the 4. and 5. Phil. and Mary Griffith being Attorney General Rich. Weston afterwards Lord Treasurer was made Solicitor Dominorum Regis Reginae and had his Writ in the 38. of Eliz. Jo. Popham afterwards Lord Chief Justice was Attorney and Thomas Egerton afterwards Lord Chancellor was Solicitor and had his Writ and so they continued to the 39. Eliz. and then Edw. Coke after one of the Justices of the Common-Pleas was made Attorney and Tho. Flemins Solicitor and had his Writ and in the 43. Sir Edw. Coke was put back to be Solicitor and had his Writ and Thomas Egerton was Attorney and in the first of James Edw. Coke then Knighted was again made Attorney General and Tho. Flemins then Knighted also again made Solicitor and had his Writ and in the 21 Jacobi Thomas Coventry Miles after Lord Keeper was made Attorney and Robert Heath Knt. Solicitor after Chief Justice and had his Writ and both had Writs again the first Car. primi and the 15th Jo. Banks Knt. was made Attorney and Edward Harbert Solicitor and had his Writ But at the Summoning of this Parliament no Writ was sent to Sir Heneage Finch then the Kings Solicitor being chosen for the House of Commons and being after made Attorney General still he continued in the House of Commons till he was made Lord Keeper and then he was remov'd to the Lords House by Writ as Lord Keeper and so Sir Francis North being the Kings Solicitor did sit in the House of Commons this Parliament and was not removed thence till he was made Chief Justice of the Common-Pleas so that during this Parliament none whilst actually the Kings Solicitors were Summon'd or did sit in the Lords House yet I thought fit to insert this Degree here though he be not mention'd in this Pawn because there are so many Precedents of his Summons as are before recited in former Kings Reigns Of the Consimilar Writ to the Kings Principal Secretaries THis Officer of State and Assistant is plac't the last in most of the Pawns SECT 19 and brings up the Rear of all the forementioned Assistants which posture is a place of great Honour both in Civil Solemnities and Martial Imployments and that it may so appear in the aforesaid Act of the 31. of Hen. the Eighth none of the other Assistants before recited except the Lord Chancellor are so much as mention'd therein their precedencies being known in their own Courts from a greater antiquity but the Secretaries Place is fix't by that Act viz. if he be under the Degree of a Noble Baron yet it is above all the Assistants and next the Lord Chancellor if he be of the Degree of a Baron then above all Barons or if an Earl as in the case of the Lord Arlington then above all of that Degree unless any of the Superior Officers of State be of that Degree and then next to him and above the rest He hath his Office as Secretary not by Patent but by delivery of the Privy Signet to him and so if there be more than one as now there are two each considered as Principal hath also a Privy Signet delivered to him His Parliament Writ in this Pawn was thus Carolus c. Dilecto fideli Edwardo Nicolas Militi uno primariorum Secretariorum suorum salutem Quia c. and so verbatim according to the last mention'd Exemplar as an Assistant and the Title in the Label is like the Title of his Writ Observations 1. THis Writ agrees with all the former except in the word Vni and so if there be more as I have shewn in the Writ to the Judges yet commonly in Superscriptions he that is made Chief is Stiled Principal without the word one and the other One of the Principal Secretaries of State 2. The word Capitalis is us'd in the Writs to the two Chief Justices and Chief Baron but to the chief Secretary the word Principali is us'd not only signifying the Capital First or Chief but intimating his more immediate Imployment on his Prince for Principali is properly from Principe 3. If there be more Secretaries than one as there are seldom less than two they divide their negotiations into the Title of Provinces both in relation to this Kingdom or Foreign Kingdoms or States and so each of them give an account to the King accordingly and they have an Office appertaining to them call'd the Signet Office Signet where they have four Clerks as their Substitutes to perform their Directions for all Dispatches both Foreign and Domestick and generally they are of his Majesties Privy-Council 4. Their Imployments in Parliament are either in the House of Lords or House of Commons according as they are Summon'd to one or Elected to the other and as the King thinks them in either place most useful for his occasions 5. I need not go back to find the Antiquity of their Summons for it may be presum'd to be ancient from the Eminency and nature of their Imployments so it may suffice only to instance here that in the 36 Hen. 8. William Packet Mil. had his
Writ Secretario suo Secretario and at the same Parliament William Petre Mil. had his Writ Secretario suo without other addition in the first of Edw. the Sixth William Petre Mil. had his Writ only Secretario suo but in the 6. of Edw. the 6th the Title alter'd viz. Willielmo Petro Mil. Uni Vni primariorum Secretariorum suorum and to Willielmo Cecil alt ' primariorum Secretariorum Alteri and Jo. Cheke Mil. alt ' primariorum Secretariorum so here were three Secretaries Summon'd to this Parliament and the same three were Summon'd in the 7th of Edw. 6. and in the first of Mary and 1st of Mary the same Petre was Summon'd Vn ' Primariorum Secretariorum Domini Regis and Jo. Bourne Militi alt ' Primariorum Secretariorum Domini Regis and so the 1st and 2d and 2d and 3d. of Philip and Mary the same Petre and Brown had Writs by the words Vni alteri primariorum Secretariorum Domini Regis the 4th and 5th Phil. and Mary Writs were to Jo. Broxal Vni primariorum Secretariorum Regis Reginae the like to the said Jo. Bourne Militi alt ' primariorum c. Principali the 25th Eliz. Francisco Walsingham Militi Principali Secretariorum suorum and no other Secretary the 30th Eliz. Consiliario suo Roberto Cicil Militi Primario Secretario Primario and no other the 35th Eliz. to the same Francisco Walsingham Militi principali c. and no other the 39th Eliz. Consiliario Roberto Cicil Primario and no other 43. Eliz. none Summon'd the 1 Jacobi Johanni Herbert Militi vni Primariorum and no other 21 Jacobi Georgio Calvert Militi vni Primariorum Edwardo Conway Militi vni Primariorum the 1 Car. primi Olivero Vicecomiti Grandison vni Primariorum Secretariorum Johanni Cooke Militi vn ' Primariorum c. 15 Caroli primi Francisco Windibanck vni Primariorum Henr. Vane Militi uni Primariorum and so in this 13 Car. 2di the Writ was Edwardo Nicolas Militi uni Primariorum Secretariorum suorum and no other Secretary was Summon'd during this Parliament the rest being Elected and accordingly did sit in the House of Commons except the Lord Arlington who sat as Earl and Secretary in the Lords House and though the word Primario is more generally used in Writs yet in Superscriptions c. the word Principal is altogether used as more agreeable I conceive to the Idiom of our Language 6. The dignity of this Office is shewn in their Summons and Place in the Lords House according to the Act of Precedency but I must say something more of the antiquity of the Office and of the nature of such are imployed in it If he be taken for a Scribe because they write the Kings literal Dispatches it had the same esteem among the Hebrews that the Magi had with the Chaldeans and the Quindecemviri among the Romans which latter were the Expounders of the Secrets of Sybills Oracles These Scribes were usually selected out of the Clergy and not out of the Laity so that such as were used out of the Laicks were call'd Notarij and not Scribes and such as were us'd by the Clergy were call'd Clerks from Cleros because the Clergy by reason of their learning did for the most part Guide both Secular and Spiritual Affairs but the word Secretary in which Office the Clergy in former times were more commonly imployed than Laymen doth import something of another nature being derived from Secretum and that from Cretum the Supine of Cerno to see or discern so by adding Se to Cretum it makes Secretum and renders the Person imployed in that Office to be one who knows Se id est himself and can also Judiciously discern and judge of other mens matters and yet reserve the Determination or Execution of them in his own breast and for this tenacity of mind he is properly call'd a Secretary and the Kings Secretary or Secretary of State as a preserver of the Secrets of the King and Kingdom for publick and private use till just occasion require their impartments to others and indeed considering the perpetual Designs of Princes towards each other and the Discontents and Seditious Humors which are in every Kingdom there is no quality more requisite to a Minister of State than a secret and reserved mind and more particularly to this Officer his very Title intimating his Duty in which he ought to be master of three Properties Lord Verulam a Prudent Dispatch Exquisite Intelligence and Secrecy in all for by these especially the last all Minings and underminings are still disappointed by the rules of Politick Secrecy by which Art Kingdoms are kept in quiet by quenching fires before they flame and because this requires not only a great skill but as great a vigilancy which few are capable to perform Bocalini tells us in his pleasant Chapter of reforming the World that to ease it of this indifatigable trouble without using so many Meanders Apollo resolved to make a Window in every mans breast so as at first view each man might see the thoughts and intentions of each other and thereby prevent the prejudices which daily arise for want thereof but before Apollo did execute his Resolves he caus'd the Wise Men of Greece with some others of the Literati to be Summon'd and to give their Opinions therein where Thales was the first that press't for it with such Arguments that Apollo was almost confirm'd but at last he was disswaded by many other Lawyers Poets Physicians and Theologicks by more convincing Arguments shewing that nothing caus'd a greater reverence to those and other Professions than the mysteries which were contain'd in them which would make them contemptible if they should be seen or known by every vulgar Eye whereupon the Windows were not made 7. Now the same reasons which were us'd against making these Windows in the Bodies of Men may serve to oppose the Windows too often made in the Bodies of such Councils or Parliaments as are to support a Kingdom where every Member or Counsellor indeed should be a Secretary of State because the publishing of Consultations commonly meets with Seditious Tempers who think nothing is well done but what is done by themselves looking meerly on the Fact and Success not on the Deliberations Grounds and debated Reasons of that Fact for it is not the event which makes the reason of managing that Fact to be the less Reason for let the event be good or bad the reason is still the same if the Reason be good and solid yet the Event bad it may be said that it meets with an ill constellation but if the Reason be bad and the Event as ill the discovery of these do still raise a worse constellation and if the Reason be bad and the Event good if the bad Reason be kept secret the glory of the Event would quickly drown the censure of the bad Reason and make the Counsellors
return of Writs concerning the House of Commons the method consists of much trouble and perplexity not only from the time of the executing the Writs but in undue returns as will be shewn in their proper place This Chapter concluding all the Patents and Writs of Summons and Returns which concern the Lords House by vertue of which the Persons so Summon'd by Writ do sit there now I must speak of such as sit there without Patent or Writ of Summons and first of the Masters of Chancery CHAP. XVI Of the Masters of Chancery THE Secretaries of State did bring up the Rear of the State Officers and now the Masters of Chancery do bring up the Rear of the Assistants and though I have spoke something of the Master of the Rolls partly as chief of the twelve Masters of Chancery yet there he was considered as Master of the Rolls or Records rather than one of the twelve Masters of Chancery whereof as I said he is the chief and these twelve are called Masters in Ordinary 2. For there are also other Masters in Chancery called Extraordinary which are of an uncertain number according to the businesses of the respective Counties wherein they are imployed 3. As for the twelve they usually are chosen out of Barresters of the Common Law or Doctors of the Civil Law and eleven of them do sit in the Chancery or in the Rolls as Assistants saith Sir Edward Coke to the Lord Chancellor and to the Master of the Rolls every day throughout each Term of the year and to them are committed Interlocutory Reports and stating of Accounts and sometimes by way of reference to them they are impowr'd with a final Determination of Causes there depending 4. These twelve have time out of mind sat in the Lords House yet have neither Writs nor Patents for many Ages past impowering them so to do but I conceive as the Master of the Rolls is as is said by that Institutor an Assistant to the Lord Chancellor the remaining eleven may fairly be said to be Assistants both to the Lord Chancellor and Master of the Rolls in all or most Matters depending in both or either Courts and so Virtute Officij they are inclusively capacitated by the Writs to the Lord Chancellor or Master of the Rolls to be Assistants to them in the Lords House as they are in Chancery without any particular VVrit or Patent to them 5. Anciently this Title was higher than what Sir Edw. Coke affords them for I find in an old Manuscript in the hands of Sir J. C. one of the Masters but I have not the opportunity of searching the Records therein mentioned Intitutled De Cancellario Angliae ejus Cojudicibus de authoritate eorum and then follows viz. In dicta Curia Cancellarij sunt ordinati duodecem Cojudices viz. Magistri sive Clerici de prima forma ad Robas which in the 13. Chap. I call the first Orb pro Arduis negotis Regis Regni Reipublicae expediendis which agree verbatim and 't is observable with the very words of all Writs of Summons to Parliaments eidem Cancellario omnino assistentes secum continuo consedentes which in a manner Intitles them to sit in the Lords House with him and many other matters are mentioned therein which I shall refer to my Annotations because I cannot now warrantably insert them but I find in other Books that anciently they had the care of inspecting all Writs of Summons to Parliaments committed to them which is now as I have shewn performed by the Clerks of the Pettibag 6. As to the Title of Maister from Magister and from Magus a Wiseman it is as ancient as most of our borrow'd words from the Latin and was still apply'd to Persons of Knowledge and other Abilities above the Degrees of Yeomandry Amongst the old Romans as may be read in Livy Pomponius Aurelius and others they had twelve great Officers to whom that Title was given viz. Magister Populi or Dictator Magister Equitum Magistri Census Magister in Auctionibus Magistri Epistolarum Magistri Memoriae Magistri Militum Magister Navis Magistri Officiorum Magistri Scriniorum Magister Curiae Magistri Aeris and many more of a lesser Rank for I speak not of Magistri Familiae or Privatae or as the word is vulgarly applied to its relative word Servant but as a Title applied to Persons of Eminency for their Integrity and Learning and of these there are also twelve sorts with us which are found in the Law Books whereof the first we meet with in the Statutes is the Master of the Mint in 2 H. 6. c. 14. 2. the Master of the Rolls in the first of H. 7. Cap. 20. for till then he was call'd Clerk of the Rolls or Custos Archivorum and chief Clerk of the Chancery of which there are twelve as I said since which six chief Clerks and a greater number of a lesser Form are there Constituted whereby they are distinguisht from the ancient Clerks now the 12. Masters of Chancery which may be accounted the Third sort in point of time mentioned in the Statutes the Fourth The Master of the Horse in the first of Edw. the Sixth the Fifth The Master of the Postern in 2 Edw. 6. the Sixth The Master of the Kings Houshold in the 32 H. 8. chang'd to the Lord Stuard of the Kings Houshold Charles Duke of Brandon being the first of that Title mentioned in any Statute the 7th The Master of the Court of Wards in the 33 of Hen. the 8. now of no use the Eighth The Master of the Musters after in the 33 Eliz. called Muster Master General the 9.10.11.12 viz. The Master of the Armory the Master of the Kings Jewels the Master of the Ordinance and Master of the Kings Wardrop are mentioned in the Statute of 39 Eliz. not but these Officers were before but the Statutes as I said do not take notice of them till the times that they are quoted in the said Statutes 7. Now as the old Romans had others which had the Titles of Magistri viz. Magistri Vniversitatis vel Societatis so we in imitation at Cambridge have the Title of Magister fixt at the head of every College in that University which is an argument of their Antiquity of which I shall speak more whereas Oxford hath but three which bear that Title 8. It is also applied to the Heads of Halls of Companies in London and other Cities and it hath been formerly applied to all the Members of the House of Commons who were not actually Knights or Esquires or of higher Degrees but in the House of Lords I do not find it used to any to whom Writs of Summons were sent to sit there except to some Priors and Deacons who were sometimes called Magistri in their Writs and others of Religious Orders call'd also in their Writs Magistri as also to Officers in Chancery viz. 49 Edw. 3. Magistro Thomae Yong Officiario
Silver and guilt with the Kings Arms at one end and a Lyon Couchant at the other end and a guilt Knob in the middle which he carries in his hand he is always a Person of Quality and born the Kings Subject and if not a Knight is made one upon admission to this Office and hath his Office by Patent the first Grant of it beginning in Hen. the 8. time 1. Before the Sitting of Parliament he observes the Lord Chamberlains directions in taking care that the House be fitted with all things for the Reception of the King and those who are to sit there 2. His Imployment also is to introduce Lords into that House 3. And after that House is Sat he hath Imployments concerning the Commitment of Delinquents c. 4. He hath a Seat allowed him but without the Bar and to ease him more in these and many other Imployments he hath an Usher to assist him call'd the Yeoman Usher also Door Keeper c. as will be shewn And so I am come to the last Attendant Officer of Note in that House viz. the Kings Serjeant at Arms. CHAP. XIX Of the Kings Serjeant at Arms Attendant in the House of Lords I Have spoken of the Servientes ad legem or Serjeants at Law Now I come to the Servientes ad arma Serjeants at Arms these were such as amongst the Romans were call'd Satellites Caesaris or a Guard to the Emperor and sometimes they were call'd Macerones from whence probably the word Mace might be us'd which these Serjeant at Arms use to carry before the King c. Of these Serjeants at Arms for I meddle not with the lower degree in Corporations sometimes call'd Serjeants of the Mace or only Serjeants there are twenty in number which are call'd the Kings Serjeants at Arms and these are Created with great Ceremony for the Person who is to be Created kneeling before the King the King himself lays the Mace on the Serjeants Right Shoulder and says these words Rise up Serjeant at Arms and Esquire for ever He hath his Patent for the Office besides of which and of the particulars of his Imployments Segar in his Book of Nobility gives a full account but of these twenty the King appropriates sixteen to his Personal Service whereof four wait on him every Quarter the other four are thus distributed viz. in time of Parliament one is to attend the Speaker of the House of Lords in case he is not Lord Chancellor another to attend the Speaker of the House of Commons one other to attend the Lord Chancellor and another the Lord Treasurer as well in as out of Parliament But in respect the Lord Chancellor and Speaker of the Lords House is usually the same Person there were but three of the twenty us'd in this time of Parliament and but two out of Parliament so as the other one or two are reserv'd for accidental occasions The Serjeant at Arms who attends the House of Lords hath the privilege of carrying the Mace before the Speaker whether he be the Lord Chancellor or not within the Lords House up to the very Chair of State and after he hath made his Obeysances he lays it down on the first Woolsack by the Speaker and so departs till the Speaker hath occasion to use him again upon the Rising of the House And herein methinks the Serjeant at Arms of the House of Commons hath more respect afforded him than the Serjeant at Arms to the House of Lords for the Commons Serjeant hath the freedom to stand at the Bar and hear all Debates and when weary of standing hath an easie seat by the door but the Lords Serjeant is not permitted to be in the Lords House whilst it is Sitting nor hath any Station within the Bar nor Seat without the Bar as the Gentleman Usher hath and yet this Office is more ancient than that and is not only Serjeant at Arms to the Speaker and Chancellor the Parliament not sitting but is the chief of the twenty of the Kings Serjeants at Arms he hath his Duputy so as if there should be occasion of two viz. for a Speaker and Chancellor he may supply one and his Deputy the other and besides his Deputy he hath also other Agents under him and hath use for them For upon Commitments of Delinquents without door he is to see them forth coming and in bringing them to the Bar but upon consmements or Commitment of any Member within doors that peculiarly belongs to the Gentleman of the Black Rod. So as these 2 Officers set the first wheel of a Parliament in motion for the Serjeant at Arms conducts the Chancellor or Speaker into the House of Lords the King sends the Black Rod to the Commons to bring up their Speaker who being confirm'd by the King goes to his Chair in the Commons usher'd with the other Serjeants at Arms and so when each Speaker retires from each House each Serjeant is to each a Conducter A Corollary to this First Part. I Have now shewn the General Warrants for Summoning a Parliament and the particular Writs and Patents impowring those who are to sit in the Lords House as also the Act of Precedency to prevent Disorders of Places when they meet there and given a touch of Proxies and of the words Lords and Peers and of other Accidental Writs and of the Returns of their Writs and of some who sit there without Writs or Patents and of others who are imployed there meerly by vertue of Patents And of all these I have made some Discourses as well to revive the notions of those who need no other information as to inform others who have little knowledge therein but what they gain from the short Memorials of Writers or from the imperfect Discourses which they glean from such as know some things in part but have not the true Concatenation of the Grandeur of a Parliament These discourses and those intended will I hope contain the whole System of this Constitution This part hath applied it self wholly to the Offices Degrees and Qualities pertinent to the House of Lords in general but as to the particular Persons owning those Offices Degrees and Qualities I reserve them for the Subsequent Parts of this Treatise that is after I have discours'd of the seven remaining Exemplar Writs in the Pawn which particularly concerns the House of Commons Viz. To Cornwall To Cambridge To London To Dover To Lancaster To Chester To Carnarvan in Wales And also shewn the Writs or Precepts derivative of those seven Exemplars and the manner of Elections and Returns of Writs and Precepts the Discourse of which will comprehend all the County Shires Cities and Burroughs which have power of Electing Members for Parliaments I shall then shew you the Places adapted for both Houses to meet in as also of the Members Summon'd and imployed in both Houses in this Parliament After these I shall speak of such Ceremonies as are us'd before any Members be admitted into
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
hath no place in the Lords House and particularly excepted to be chosen into the House of Commons by the Writs of Elections as will be shewn and the reason is because the Official Viscountship is in the King who gives only an annual Deputation to the Person who executes that Office in such County of which he is made Vicecomes or Deputy to the King and so is not the Noble Viscount who cannot be made Sheriff or return'd of a Jury but hath his constant Writ of Summons to every Parliament as will be shewn 4. Seven Viscounts Summon'd by Writ 18. Feb. 1661. and One Viscount Summon'd by Writ 20th Ap. 1661. And now I come to the Barons the last Degree of the Nobility but anciently the First or Second SECT VI. Of Barons I Shall refer the Etymology of this word Baron to my Annotations because the learned Cambden Selden and others have taken pains about it but for many ages as at present it comprehends all such Prelates and Bishops as are Summon'd by vertue of their Baronies or Tenures to sit in the House of Lords As also all such Dukes Marquesses Earls and Viscounts as did anciently mount to any of those 4 Degrees by the proportion of their Baronies which they obtain'd by gift from the King or other acquisitions so differing from the other 4 in Nominal gradations rather than Essential And though there were Nominal differences antiently in the Tenures of Dukes Marquesses Earls Viscounts and Barons yet they were all subject to a general Contribution to the Kings affairs according to their certain number of Knights Fees for as Baronies made the other 4 Superior Degrees so the increment of Knights Fees whereupon I conceive Sir Thomas Smith made that Degree of Nobiles Minores did capacitate a Baron to be made a Baron and so a certain number of Baronies to be a Viscount and Earl and of Earledoms to be a Duke as may be read in Sir Edward Coke and others more ancient by him cited and Mr. Selden forgiving the Knight saith that Istud verbum Baro est caput scala dignitatum Regalium i. e. Majoris Nobilitatis 2. In former times these proportions were observ'd amongst the Temporal Lords but not with the Spiritual for Mr. Selden tells us of a Bishop pag. 580. Tit. Hon. that had 220 Baronies and did sit in Parliament by vertue of his Baronies yet was neither Duke nor Earl so those were the computations of Honour and Contributions till the method of Creations were us'd and at last by the late Act of Parliament all Tenures in Capite were Dissolved and thereby the Tenurial Contributions but not the Titles of Honour yet for a little variety I may inform some that in former times the Spiritual Barons had some exemptions from Contributions unless there was as the learned Selden calls it Trinoda necessitas viz. of War of Repairs of Castles or Bridges but they were generally exempted from Personal Assistance in War for though as he saith that in the 4th year of William the First that King made the Bishops c. subject to Knights Service in chief by creation of their Tenures and so was the first King that turn'd their possessions by Frankalmoine a French word signifying charitable Gifts for so began their temporalities into Baronies and thereby made them Barons of the Kingdom by Tenure yet when it was pray'd by them in the 5th Hen. the 3d. Vt omnes Clerici tenentes Baronias c. personaliter procederent contra Regis adversarios c. it was answer'd by the Bishops and their Answer allow'd Quod non debent pugnare cum gladio materiali sed Spirituali scilicet cum Lachrymis orationibus humilibus devotis quod propter beneficia sua manutenere debent pacem non bellum Quod Baroniae eorum ab Eleemosynis puris stabiliuntur c. So as he conceives that the Baronies of the Clergy were made of such Lands as formerly were as I said held in Franckalmoine 3. But what ever exemptions the Spiritual Barons had the Temporal Barons were oblig'd by their Baronial Tenures of several natures to all defensive and offenfive duties for the King and Kingdoms preservation according to the proportion of their dependent tenures or territories and so are yet in honour oblig'd to perform and they all had and have equal Votes in Parliament by vertue of their Baronial Interest for as to matters Parliamentary the Title of Baron is more ancient copious and comprehensive than any of the other Titles of Lords in Parliament 4. This word Baron we see is appilicable not only to the two degrees of Lords Spiritual viz. Archbishops and Bishops but to the 5 degrees of Lords Temporal so as the noble Barons and all the Degrees above them do set in the Lords House virtute Baroniae and by Writs of Summons the Superior Titles to the Barons differing rather upon some extrinsick order than any real intrinsick distinction 5. As for those Titles of Barons which are given to Degrees equal or under the noble Barons they are of several sorts 1st Some noble Barrons by Ancienty never Summon'd to a Parliament yet capable of Summons 2ly The Barons of the Exchequer which are 4 in number who are Summon'd by Writ ad consulendum or to be Assistants in the Lords House as will be shewn 3ly Barons of the Cinqueports out of whose number 16 are usually Elected to sit in the House of Commons as will be shewn 4ly Barons of Court-Barons who are also capable of being Elected to sit in the House of Commons 5th Barons in the Law French call'd Baron i. e. and Husband and Feme the Wife but I here only speak of the Nobiles Barones distinct from these Titular Barons though such of them as sit in the Lords House are in some sort thereby Nobilitated of whom I shall speak more when I come to the Assistants and such as sit in the Commons House are thereby Dignified though not Nobilitated of whom I shall speak when I come to the House of Commons 6. Now it may here be observed that some Persons of merit have been Summon'd to sit in the Lords House as Barons which were not Barons or any otherwise capacitated to sit there but by Writs of Summons upon this occasion Sir Edward Coke cites a Case where one Summond by Writ to sit in the Lords House died before he sat there and it was adjudged that if he had sat there he had been Nobilitated thereby but having not sat there whereby that writ was not executed for want of his Personal attendance it was adjudg'd that the direction or delivery of the Writ barely to the Person to whom the Writ was directed without Personal appearance and investiture of Robes and a possession of place was not sufficient to enoble him without a conjunction of those Circumstances and Ceremonies 7. But Barons created by Letters Patents and made to them and their Heirs are thereby Nobilitated and to be