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.

SECT. II. Observations on this Pawn.

[Obs. I] THis is the full Transcript of the Pawn or Record of the Writs which were issued for the Summoning this Parliament; and that my Method in managing of them may be the clearer understood, I shall set down some Ob∣servations pursuant to it.

In the Original of this Pawn, or Re∣cord, there are no Figures placed in the Margents of the respective Paragraphs of it (but I have thought fit, in respect of the several occasions referring to it, to add the Figures of I. II. III. IV. V. (being Paragraphs particularly relating to the House of Lords;) and then the Figures of VI. VII. VIII. IX. X. XI. XII.

being Paragraphs particularly relating to the House of Commons,) for of all these I shall speak distinctly in this, and the Second Part of this Treatise.

[ II] All the Exemplar Writs are dated the 18th of Feb. 13 Car. 2. but there being several Creations of Lords (or at least their Patents not perfect) after the 18th, all the subsequent Writs for such Lords were dated the 29th of April following, and that is the reason of the different Dates of Writs in the Pawn, but all were before the Parliament sat.

[ III] The first Exemplars in this Pawn for the Lords House do begin with the words, CAROLUS Secundus Dei Gra∣tia Angliae Scotiae Franciae & Hiberniae Rex Fidei Defensor. And so the first Exemplar in the House of Commons, Fig. 6. begins in the like words; yet all the other Exemplars in the Pawn do begin only with the word Rex, omitting the other words, which must be understood that the single word Rex, &c. is so en∣tred only for brevity, not that the Form of the other Examplar or Consimilar Writs are so concise, either in the pre∣amble or body of the Writs (for the same reason.)

[ IV] In respect I do make use of the words Exemplar Writs, and Consimilar Writs,

it is fit I should speak of the Nature of Writs in general.

The Common and Civil Law calls a Wrít in Latin, Breve, quia brevibus & paucis verbis intentionem Legis exponit. And of these in the Common Law some are call'd Original, and others Judicial; the Original (if I do not miscount them, from the Register of Writs) are 727 in Number: and these are us'd in the respe∣ctive Courts in Westminster before any appearance had, or other Process issued in all matters both real and personal, and are always in the King's Name, attested by the Chief Justice of the Court from whence they issue; the other, call'd Ju∣dicial Writs,) if I miscount not the num∣ber of them from the same Register) are 371, which are sent out by order of those Courts where the original Writ is recorded, and the Case depending; and these latter do also issue in the King's Name, and attested by the chief Justice of the respective Courts from whence they proceed, and seal'd with green Wax, with the Seals of the respective Courts.

But the Parliament Writs (of which I am to treat) are of another nature and quality, issued only by the King's imme∣diate Command and Warrant, and seal'd with the great Seal of England; and

these have two appellations, viz. Brevia Clausa, (or operta,) and Brevia Paten∣tia, (or Aperta.)

The Brevia Clausa are Writs of Sum∣mons clos'd up in yellow Wax, and so seal'd with the great Seal of England, and then (as will be more fully shewn, after I have discours'd distinctly of the Writs) sent (with Labells) to every individual Prince of the Blood, Lords Spiritual, Lords Temporal, and Assi∣stants, and to every Sheriff of the King∣dom, for Elections of Knights, Citizens, and Burgesses for the Commons House; and so do concern both House of Lords, and House of Commons, (as also the Con∣vocation Houses, dirivatively from the Arch-Bishops, and Bishops Writs,) of which last I shall speak more distinctly in this Treatise, concerning the Convoca∣tion House.)

But the Brevia Patentia do chiefly con∣cern the House of Lords, viz. by Pa∣tents of Creations, (as also some Offi∣cers, as will be shewn) and all these are call'd Patentia, or Letters Patents, be∣cause they are not inclos'd, but open, with the Impression of the great Seal of England at large hanging to them, yet all the Created Patentees have their di∣stinct Writs of Summons, but not the

Official Patentees, viz. Clerk of the Crown, Clerk of the Parliament, Clerk to the House of Commons, &c.

These Patent Writs have no other ap∣pellation than Literal, or Letters Pa∣tents, 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 consimi∣litude with their Exemplars, the Exemplar being so made upon some extraordinary reason, as will be shewn hereafter.

[ V] 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, Pre∣cepts, 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 Convoca∣tion, (as will be shewn) and though the main body of the Writs in those con∣cerning

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 eve∣ry Parliament, partly by the new Crea∣tion of Barons, partly in their Ascension from Barons to higher degrees, and part∣ly 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 diffe∣rences between the Exemplar and Consi∣milary Writs in point of Titles, (as will be shewn.)

[ VI] 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 pro∣ceedings)

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.

[ VII] All Writs at large recited in this and all former Pawns, are the Exemplars of all other Writs of Summons for a Par∣liament which are not in the respective Pawns, whereby these in this Pawn (with the addition of the Bishops Ex∣emplar 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 cal∣ling this Parliament, were in all 262.

[ VIII] Some of the 12 are Exemplars, and o∣ther Writs have a consimilitude to them, yet have no positive Consimilars ap∣pointed them, whereof there are but three, viz. One to the Lord Chancellor in the Lords House, and to the two Pala∣tines in the Commons.

[ IX] 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 fol∣lowing method stated, with their Con∣similars, 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 Chan∣cellor	1		0
IV.	To the Earl of South∣hampton, L. Treasu∣rer	1	In this Parlia∣ment, 3 Dukes, 4 Mar{que} 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 Exem∣plars, and 73 Consimilars, in all 80 Writs, in both Houses—264

So many Exemplar and Consimilar Writs were issued to Constitute this Par∣liament An. 1661. in the Lords House, to Countreys, Shires, and Comitated Cities and Towns, in the Commons House, where∣of some years after its Sitting, one Exem∣plar 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 Consimi∣lars, 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 Com∣mons.

Now I shall proceed to the Act of Pre∣cedencies, 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