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A54595 The constitution of parliaments in England deduced from the time of King Edward the Second, illustrated by King Charles the Second in his Parliament summon'd the 18 of February 1660/1, and dissolved the 24 of January 1678/9 : with an appendix of its sessions / observed by Sr. John Pettus ... Knight. Pettus, John, Sir, 1613-1690. 1680 (1680) Wing P1905; ESTC R18517 172,347 454

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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
St. Peter the first Bishop of Rome before Linus as Ireneus to have Linus the First two great Fathers of that Church so that if St. Peter be first then we must account 13 to Eleutherius before named if Linus then Eleutherius is the 12th and with this computation of Ireneus most Histories do agree The first Eight of these Twelve had no other Title than Bishop till Eugenius the Ninth of that See took upon him the name of Papa or Pope and afterwards Hildebrand call'd Gregory the 7th challenged it as his sole right to be called Pope and so Eleutherius being the 4th Pope from Eugenius and the 9th in Succession from Linus did return a kind Answer to King Lucius by two eminent Persons which the Pope also sent viz. Helvanus and Meduanus and with them a Letter which may be read at large wherein in the Pope takes notice that the Old and New Testament were then in Brittain and in that Letter leaving the ordering of Ecclesiastical affairs in Brittain to the King declared him to be Christs Vicar in his own Kingdom which made King Lucius go cheerfully on and as History tells us that whereas the Archflamins had been the chief Managers of the Pagan Religion in this Isle each having one Province the King reduced those Three Provinces to Two and placed Two Archbishops therein and instead of the Flamins did constitute Bishops and so there was an amity between the Archbishops and Bishops of Brittain and the Archbishops or Popes of Rome neither of them strugling for Priority but still carrying on the work of Christianity But the Emperours of Rome declining in their power and the Pope still taking advantage of their declinations grew at last so considerable with the Emperours that they could not safely deny them any thing so that whereas the Emperors of Rome formerly had the disposal of their Popes and the Kings of Brittain of their Bishops and so other Princes in their Territories the Popes by degrees did take the power to themselves to make what Bishops they pleased to summon Councils make Decrees distribute them and enjoyned obedience to their Universal Jurisdiction that the name of Pope might be the more authentick It was used in many parts of the World besides Rome for it is said that about 300. years after Christ Nestorius the Heretick had 6000. Bishops appeared against him which were under the Government of several Popes and this was above 300. years before Boniface the 3d. Popes increasing as well as Bishops who obtained of Phocas then Emperor of Rome that none should be called Pope but the Pope of Rome and though Gregory the first his immediate Predecessor but one declared against it and many Popes before him yet Boniface having obtained this Supremacy what he did in other Kingdoms I shall omit in Brittain to make sure that none should be placed there but such as should be dependent on Rome he confirm'd Augustin a Monk the Archbishop of Canterbury being made so by his said Predecessor Gregory and soon after he and 4 succeeding Bonifaces filled up all the rest of the Bishopricks with such Foraigners or others as had a clear dependance on Rome by Promotions Stipends or Forraign Interests amongst the rest Faelix a Burgundian was made Bishop of Dunwich in Suffolk the fifth Bishoprick then in rank of which I shall speak more and so in a few years after all the Bishopricks which were then and soon after added were filled up with his dependents as also all Abbies Priories Monasteries c. and so continued to be supplied according to his appointment from Rome without any material opposition by the Kings of this Island but such as hereafter mentioned And having this Power it was no hard matter to fix themselves into all Councils within this Kingdom for in all Histories we find them as Actors therein and in respect of their Ecclesiastical Interests one of the Estates and when the name of Parliament was given to our chief Council they were methodically fix'd in the second rank of the Pawns and so in the Clause Rolls and this place in Parliament was never denied them whilst they continued here But the Pope's Power and Supremacy over this Island was ever disgusted by our successive Kings yet being back'd by so great a Temporal Prince as the Pope of Rome joyned with the Interest which by long continuance they had gained from the Emperours the Kings of this Island had little success in their struglings For w● see King John tried it to his co●● by single oppositions without the Kingdom 's unanimous Conjunctures Aftewards Henry the Third began again and other succeeding Kings did try what Parliamentary or Municipal Laws could effect and to that end these following Laws were Enacted 7. H. 3. Henry the Third Anno 9. cap. 33. being part of the great Charter that Parliament did grant That all Patrons of Abbies which have the Kings Charters of England of Advowson or have old Tenure or possession of the same shall have the custody of them when they fell void as it hath been accustomed and as it is before declared See Coke Inst 2. Henry the Third Anno 9. cap. 36. being also part of the great Charter the Parliament did grant That if any Man should hereafter give Lands to a Religious House the Grant shall be void and the Land forfeit to the Lord of the Fee and in corroboration and Inlarging of this Statute many other Laws were made 7 Ed. 1. and by 18 Ed. 3. 15 R. 2. and 23 H. 4. called the Statute of Mortmain Edward the First Ed. 1. Anno 35. cap. 1. made the Statute de Asportatis Religiosorum wherein it is declared That the Monasteries Priories and Religious Houses in this Realm were founded by the King and his Progenitors and by the Noblemen and their Ancestors and that no Abbot c. shall lay any Tax on any Religious House to send the same beyond Sea or carry any Goods with them out of the Kingdom and that no Abbots being Aliens shall impose any Tax c. Edward the Second Anno 9. Enacted Edw. 2. That the King by his Letters may absolve Excommunications where they were made in prejudice of his Liberty or Prerogative to shew the King's Power above Ecclesiastick Censures of the Pope and this may be of great Use Edward the Third Anno 25. Edw. 3. That the King went on further by Act of Parliament forbidding under a Praemunire all applications to Rome for obtaining any Ecclesiastick Preferments or in Suing to the Court of Rome for Reversing any Judgments Richard the Second did back this Statute with several other Statutes Rich. 2. viz. in Anno 3. cap. 3. and Anno 7. cap. 12. 15. and Anno 13. cap. 2 3. and Anno 16. cap. 2 5. and in these same Parliaments the Archbishop protested against the Pope's Authority in England And good reason for it as Sir Richard Baker in his History
used till after Christs time and then those who did not believe the Christian Religion were by the Christians called Infidels or Unbelievers but the word in Hebrew for Pagan was used after the building of Jerusalem by Melchizedeck before call'd King of Salem when those who did live in neighbouring Villages or more remote places and not coming to partake in the Devotions offer'd to God in Jerusalem were from Pagus a Village called Pagani or refusers of that Religion which the Hebrews did practice there and whoever afterwards were not of the Hebrew or Jewish Religion were called Pagans c. as Plautus calls all who were not Grecians Barbaros or Barbarians So that the Pagan Religion is to be esteem'd but as the Hebrew or Jewish Religion adulterated by the Progeny of Noah who growing numerous spread themselves into many parts of the World and by mixing with other Nations perverted their Primary Religion which they had from Noah and afterward more methodically dictated from their High Priest Melchizedeck into Paganism This mixt Religion was brought into this Island by Mesech the 6th Son of Japhet the Son of Noah who here call'd himself Samothes and after Samothes Magus Shanon Druis Bardus Longobardus and Celtes succeeded each other Seven in all who being Priests were also call'd Princes of this Island The Hebrews and Welsh who some say had most of their native Language from the Hebrew using the same word for Prince and Priest These Seven were men of great learning gain'd partly by tradition from Noah and partly by being contemporary with Sibylla Samia and Pythagoras from one they learned the Prophecies of Christs Incarnation and Sufferings from the other the high speculations of the Souls immortality and transmigration of which I shall speak more in my Annotations Of these and the Founders of this Religion and their Doctrines I shall give a more large account in my Annotations as well for the vindication of that discountenanced Book of Berosus publisht by Johannes Annius as to free this Island from the common imputation of a pitifull illiterate sort of People which either the laziness of later Writers though otherwise deserving inclin'd them to think it not worth their while to abstract the notions of what was true from what was meerly fabulous or the Maliciousness of others whose interest it was to suppress the Records of the Ancient Renown of this Island such as might have demonstrated their variety of knowledge in all kinds of Literature For the present I shall only select two of those 7 Wisemen of Brittain as most eminent in Philosophy Policy and Matters Divine viz. Druis and Bardus Druis is set forth in History to be Master of Pythagoras from whom t is also said that Timagoras brought the Greek Letters to Athens He took upon him to be Judge in Causes Ecclesiastical and Civil and performed all the Rites and Ceremonies of that Religion in Groves imitating the Idolatrous Jews which Groves chiefly consisted of Oaks as a Tree sacred to Jupiter and from thence say they he took his name Druis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying an Oak however he was Founder of the Sects called Druids in this Island The other was Bardus the Founder of the Sect of the Bards Learned also in Magick-Philosophy in the best sence as Studiers of Wisdom and Inquirers into the energy and activity of natural Agents and Politicks but they were more Famed for their skill in Poetry and Musick and thereby did cheerfully Sing Rime and so like Orpheus charm men into Civil Religion and Heroick Actions From these did spring as I said the two Sects of Druids and Bards which our Brittish-Welsh Roman and Saxon Histories do so often mention that there is no doubt concerning them The Bards continue even to this day in some parts of Wales of which I shall speak more but the Druids being afterwards more imployed in the Priestly Functions and growing numerous when the Romans were Possessors of this Island and had divided its Government into Three Provinces they also committed the charge of the Religious Duties within these 3 Provinces to Three of the chiefest Druids altering their Title from Druids into Archflamins and the lesser Druids into the Title of Flamins for so was the Ecclesiastical constitution among the Old Romans the chief of the Three Archflamins being there called Flamen Dialis or Jupiters Archflamin or High Priest and as those there were Subject to the Senate or Empire of Rome so now these here were Subject to the Emperors Kings or Governours of this Island not disputing their power to alter put in or out as they saw just cause These Archflamins and Flamins continued till some time after the coming of Christ but when they perceived that the Oracles of the Sibylls which they had so long adored were fulfill'd by the coming and passion of Christ and that all Oracles were ceased these Flamins Druids and Bards did give way to the Christian Institutions as will be shewn But to reduce this Section to the subject in hand it doth appear by our most Ancient Histories that these Druids and Bards were consulted with both in Peace and War both in the Brittish Romans and Saxons time even to the coming of Christ though the form of their Councils and mixing with the Laicks do not appear for reasons before alledged now I shall proceed to shew the Institution of Christianity instead of Paganism and then the Titles of such as did manage it in this Island and how they were still mixt in Civil Councils 3. The Religion which succeeded Paganism in this Island was the Christian which had its denomination from Christ who may be said to have been before his death in this Island Prophetically Personally and Nominally but least I should divert the Reader too much from the method intended in this Treatise I shall refer the discourse of those 3 points to my Annotations But concerning the introducing of Christianity into this Island of Brittain what is most credited in our Histories is that Joseph of Arimathea the same who beg'd the Body of Christ after his Crucifixion with 12 Disciples more are said to plant it here within Thirty Years after Christs Resurrection and Aristobulus being before his coming Ordained Bishop of Brittain was one of the 12 which were sent with Joseph to take care of his charge here and this is that Aristobulus mentioned by St. Paul in his Epistle to the Romans Cap. 16. Verse 10. who was the first Bishop we in these parts hear of being 5 years before any was made Bishop of Rome which brings me to the discourse of the several Titles of such as were the first Managers of Christian Religion 4. The first Titles which were given to the Managers of Christanity were to Christ himself who by St. Paul Matth. 21.4 is called the Prophet of Nazareth and by St. Paul Heb. 3.1 High Priest and Apostle and He by his Divine Authority did constitute 12 Apostles Matth. 10.1 and Luk. 6.13 by
particular names who were called both Disciples and Apostles but the Selected 12. were of an higher nature for some of them were also called Evangelists and none of the Disciples had that Title except St. Luke one of the 4. nor any call'd an Apostle except those 12. but St. Paul Gal. 1. v. 1. And these 12 Apostles were of so eminent a Degree that it is said in the Revelations Cap. 21. and 14. that the names of the Twelve Apostles were writ on the 12 Foundations of the Heavenly Jerusalem After these 12. Christ did Constitute 70. other Disciples of a lesser Degree but the names of these 70. are no where certainly to be found however we have the Scripture to justifie the number of Seventy and there were also those who were called Presbyteri also Deacons of which Deacons the Ecclesiastical Stories tell us of 7. by name but no number of the names of the Presbyteri however these remaining Apostles Disciples Presbyters and Deacons were soon reduced into the Title of Bishops in all places not by ordinary Institution but by an higher and a more extraordinary Function and these Bishops among themselves had also several eminent Titles of distinction within few years after Christs death according as their charge of Souls did extend viz. Episcopus Patriarcha Archiepiscopus Papa Presbyter Inspector Pastor Curator Observator Minister Custos animarum which 7 last Titles being but descriptions of the Office of the 4 chiefest viz. Bishops Patriarchs Archbishops and Popes I shall speak first of these 4. 5. It is evident that the first eminent Title in the Ecclesiastical affairs of Christianity was the Title of Bishop the Presbyteri still submitting to the Bishop whenever he was placed over them This Title of Bishop as I said was placed on some of the Original Apostles and Disciples as St. James St. Mark c. for the word Episcopus doth properly signifie one that doth Inspect or Circumspect all the concerns of Christian Religion so as those who live under him may be instructed to a Good and Pious Life sutable to the Rules of Christianity whose duty is more particularly exprest in St. Pauls First Epistle to Tim. Cap. 3. so that the word Episcopus as the Superior Order was more generally used than any other Title wherever Christianity was practised Yet other Titles were also used in several parts of the World as they did agree with the Idiom of their native Language viz. The Hebrews called their Bishop Princeps Sacerdos Patriarcha Patriarcha was also apply'd to the Fathers or chief of every one of the 12 Tribes as upon a Civil account so also upon the Ecclesiastick The Syrians Presbyter Pastor Minister and Curator animarum The Arabians Pastor and Observator animarum The Aethiopians Papa Pastor and Custos animarum The Graecians Patriarcha Archiepiscopus Pastor animarum all which are thus so rendred into Latine by Dr. Walton's Polyglotta from the Oriental tongues so as the 4 chief Titles and the others having but one signification and those Titles dispersed into several Regions every one using what they thought fit in their own Territories I shall only betake my self to Episcopus and Papa as having been used not only in Brittain and Rome but more universally in most parts of the World unless we admit Presbyter from Presbyter-Johns Country to be an Ecclesiastical Title So having shewn the meaning of the word Bishop in general the Antiquity of it is not to be past over The Jewish Graecians did use it in their Old-Testament for in Psal the 109.28 they read Episcopatum ejus accipiet alter which very Text St. Luke cites in the First of the Acts v. 20. upon the Election of Matthias to be an Apostle instead of Judas viz. Let another take his Bishoprick which shew that the word was in use among the Graecians before Christs time and was no new imposed word upon the Christians but a compliance with Jewish Titles to win the circumciz'd Jews in Greece and this may be said that though Rome did change the name from Bishop to Patriarck Archbishop and Pope which signifies no more than Father or chief Father yet Brittain hath been very constant to the name of Bishop and did not take upon it Archbishop till the Emperor Constantius Chlorus or the Pope thought it worthy of that Title 6. In this Section I place Brittain before Rome because our Histories tell us that Aristobulus was ordained Bishop of Brittain and Joseph of Arimathea there with him 5 years before Linus the first Bishop of Rome was made Bishop of Rome and so now I shall take a short view of the Priority and Successions in both places relating to the subject of this Treatise Aristobulus is affirmed as I said to be the first Bishop of Brittain and some few years before any Bishop was Constituted at Rome but what the names were of such Bishops as succeeded him is uncertain for the reasons before given but the Story relates That about an 100. years after Christ one Lucius was King of Brittain and was the first King of this Island who embraced the Christian Religion Whereupon he sent Damianus and Fugatius to Eleutherius then Pope of Rome so it is very probable they were Bishops and Successors to Aristobulus and Instruments of the Kings Conversion for none else could be supposed to make attempts on the King but such whose eminent Titles and Employments did give them the more opportune admission and doubtless these were very considerable Persons especially Damianus whose very name continues at Rome even to this day in great renown for we find that at one time a Bishop was of that name and at another time a Bishop Cardinal and a Church is still in Rome dedicated Sancto Cosmo and Damiano belonging to one of the 14 Deacon-Cardinals These two Bishops or at least eminent Persons were sent to Eleutherius to confer about the ordering of the Church-Affairs and it seems they did acquaint the Pope as appears by that Letter that King Lucius had the Old Testament and the Writings of the Apostles called the New Testament so that the Christian Doctrine being fixt here there seemed nothing more to be done than to settle the Discipline and the means for its support wherein it may be justly collected that the King desired such concurrence with the Pope of Rome as might not disoblige him or the Roman Emperour Commodus to whom he was a Tributary and with whom in all Civil matters this King stood then more fair and quiet than his Predecessors had done before him 7. I have given a brief account of the Managers of the Christian Religion in Brittain from Aristobulus to Damianus and Fugatius in the time of King Lucius I will now see what was done at Rome in that time concerning which their Histories tell us that Linus was the first Bishop who according to computation was 5 years after Aristobulus was Bishop of Brittain but St. Jerome is as zealous to have
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
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