The excellency of monarchical government, especially of the English monarchy wherein is largely treated of the several benefits of kingly government, and the inconvenience of commonwealths : also of the several badges of sovereignty in general, and particularly according to the constitutions of our laws : likewise of the duty of subjects, and mischiefs of faction, sedition and rebellion : in all which the principles and practices of our late commonwealths-men are considered / by Nathaniel Johnston ...

SECT. 5. Of the Assistants to the House of Lords.

HAving thus far treated of the Constituent Parts of the House of Lords, I come now to the Assistants to this most Honourable House; which were mostly the(t) 1.1 King's Great Officers, as well Clergy-men as Secular Persons, who were no Lords or Barons of the Realm, as, namely, his Treasurer, Chancellor of the Exchequer, Judges of his Courts at Westmin∣ster, Justices in Eyre, Justices Assignes, Barons of his Exchequer, Clerks, Secretaries of his Council, and sometimes his Serjeants at Law, with such other Officers and Persons whom our Kings thought meet to summon.

The first Writ that Mr. Prynne finds extant in our Records, and which Sir William Dugdale mentions, is entred in the Clause-Roll 23 E. 1. dorso 9. directed to Gilbert de Thornton, and thirty eight more, whose Names are in Sir William Dugdale; whereof there are eleven by the name of Magistri, three Deans, and two Archdeacons: only I find them differently ranked in Mr. Prynne, to what they are in Sir William Dugdale.

The Writ runs thus: Rex dilecto & fide••i suo Gilberto de Thornton, salutem. Quia super quibusdam arduis negotiis, nos & Regnum nostrum, ac vos caeterosque de Concilio nostro tangentibus, quae sine vestra, & eorum praesentia nolumus expediri, &c. Vobis manda∣mus in fide & dilectione, &c. as in the usual Summons to the Bishops.

Sometimes, as 25 E. 1. there(u) 1.2 was no Writ directed to them; but we find under the Name of Milites, with a Lines space betwixt them and the Barons, thirteen named, which by other Records are known to be the King's Justices.

The differences in their Writs are mostly these: Sometimes,* 1.3 as in 27 E. 1. it is, Cum caeteris de Concilio nostro habere volumus col∣loquium & tractatum; or, as in 28 E. 1.(w) 1.4 showing the spe∣cial Cause, Quia super Jure & Dominio quae nobis in Regno Scotiae competit, &c. cum Juris peritis, & cum caeteris de Concilio nostro speciale colloquium habere volumus & tractatum, vobis manda∣mus, &c. cum caeteris de Concilio nostro super praemissis tracta∣turis vestrumque consilium impensuris.

At the same time there are Writs to the Chancellor of the University of Oxford, to send four or five,* 1.5 de discretioribus, & in Jure scripto magis expertis; and to the Chancellor of the University of Cambridge, to send two or three in the like man∣ner qualified: and then follow Writs to several Abbats, Priors, Deans and Chapters; and all these Writs mentioned the Busi∣ness of the King's Claim to the Jurisdiction of Scotland: and in the Writs of Summons to the Archbishops, Bishops, Abbats, Priors, Temporal Lords, Justices, and Sheriffs of Counties, that Particular is not mentioned: which shows, that the King sum∣moned

these particular Persons, as most fit to search and •• send their Chronicles to the Parliament: The Occasion and Result whereof, and of sending these Lawyers from the Universities, you may read at large in(x) 1.6 Matth. Westminster, and(y) 1.7 Wal∣singham.

In some Writs, as that of 9 E. 2.(z) 1.8 the Justices are appoint∣ed to expedite their Assizes, that they may not fail to be pre∣sent at the Parliament, or to leave two to attend the Business of the King's Bench: And the 7 of E. 2.(a) 1.9 That whereas they had appointed the Assizes at Duresm, and other Parts in the Northern Circuit, at certain days after the time the Parliament was to convene, at which he wondred; he orders them to put off the Assizes, and attend. By which two Writs it appears, their Summons by Writ to attend and counsel the King in Par∣liament, was a Supersedeas to them to take Assizes during the Parliament; and that the Assizes and Suits of private Persons ought to give place to the publick Affairs of the King and Kingdom in Parliament. Whoever desires to know who were summoned in this manner, and the further variety of Summons, may consult Mr. Prynne, and Sir William Dugdale's Summons.

From these Writs we may observe,* 1.10 first, That sometimes the Persons summoned were many in number, sometimes very few, and always(b) 1.11 more or less at the King's Pleasure. Secondly, in latter times the Clergy-men were wholly omitted. Thirdly, That they were never licensed to appear by Proxies. Mr. Prynne hath collected a great many Precedents to prove, that these Persons thus summoned, together with the King's ordinary Council, had a very great Hand, Power, and Authority, not only in making Ordinances, Proclamations, deciding all weigh∣ty Controversies, regulating most publick Abuses, and punish∣ing all exorbitant Offences out of Parliament, in the Star-Cham∣ber, and elsewhere;* 1.12 but likewise in receiving and answering all sorts of Petitions, determining and adjudging all weighty doubtful Cases and Pleas, yea, in making or compiling Acts, Ordinances, Statutes, and transacting all weighty Affairs con∣cerning the King or Kingdom, even in Parliaments themselves, when summoned to them. Yet these have no Vote, but only are to speak to such Matters as their Opinions are required in, and sit uncovered, unless the Chancellor or Lord Keeper give leave to the Judges to be covered.

Notes

• (t) 1.1

  Prynne's Brief Register, part 1. sect. 3. p. 240. The Judges and o∣ther Assistants of the House of Lords.
• (u) 1.2

  Cl. 25 E. 1. m. 25. dorso.
• * 1.3

  The difference in their Writs.
• (w) 1.4

  Cl. 28 E. 1. m. 3. dorso.
• * 1.5

  Persons skilful in the Law summoned from the Universi∣ties.
• (x) 1.6

  An. 13••2. p. 419. to p. 438.
• (y) 1.7

  Hist. Ang. p. 32. to 58.
• (z) 1.8

  Cl. 9 E. 2. m. 20. dorso.
• (a) 1.9

  Cl. 7 E. 2. m. 25•• dorso. Justices to leave the Ass••zes to attend the Parliament.
• * 1.10

  Observations from these Writs.
• (b) 1.11

  Brief Register, part 1. a p. 366. ad p. 394.
• * 1.12

  The Employment of these Assistants.