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. Of the Kings Privy-Counsellor.

AS to the Original of this Officer and of the reason of its different Or∣thography:* 1.1 sometimes beginning the se∣cond Syllable with C. or S. and of its affi∣nitry to the old Roman Comites Consiliarij, I shall refer them to my annotations, and here only shew how that by the words in the Kings Warrant, by the Pawns, and by the said Act of 31. Hen. 8. (all which I have recited at large) we may clearly see that the word Council, doth consist of the Persons of the best Quality and Abi∣lities, to give Counsel and Advice to the King. And when such a number as the King thinks fit to select for that purpose do meet in a Body Conjunctively,

2. This Council is called the Kings Coun∣cil, and also the Persons therein are called the Kings Council, (yet more properly Counsellors) and to confirm this, the Kings Warrant saith: To Our Right Trusty and well beloved Counsellor Sir Edward Hyde Knight Chancellor of England, (here 'tis Personal) then follows, Whereas We by Our Council, this intimates a Body of Persons or Counsellors Congregated.

3. The Writs in the Pawns sometimes do add to the Person to whom the Writ is sent (Conciliario suo) and sometimes not, but these following words are constantly in every Writ, (Quia de advizamento & assensu Concilij nostri, which is more large than what is in the Kings Warrant by in∣serting the words (Advice and Consent) of Our Council.

4. The said Act saith in the Preamble, Forasmuch as in all great Councils and Congregations of men (which explains Councils) and then, that there may be no displeasure or let of the Council) (in re∣spect of Precedency) therefore (for the better reputation of his Counsellors and other Subjects, doth Enact, &c. And in the 3d. Paragraph, the President of the Kings Council is there also named, by which we understand the Kings Privy-Council (of which he is President) to be a Coun∣cil

distinct from other Councils where there are Presidents; 2ly. And from Par∣liaments (where there are Speakers in∣stead of Presidents) anciently called the Great Council, and so it is still, though the name is alter'd to Parliament) and 3ly. From other Assemblies and Conferences of Councils, (which are the words in the last Paragraph of that Act.)

5. And therefore this Council here meant in this Warrant, Pawn, and Act, is that which we now call the Kings Privy Council. Tis true the King hath several other Councils, (as that of Wales, and in the North, and others both here and in Foraign Plantations) but this Privy-Coun∣cil is the Supream standing Council, out of which sometimes the King thinks fit to select some few for the more safe, se∣cret and easie dispatch of Affairs.)

6. Which by the Jews were called Ca∣bala, but by us properly Comitties. How∣ever this Privy Council is the standing Council of the Kingdom, giving Forms and Being to all other Councils, especially what concerns the Beginning, Continuing, and Ending of any Parliament, and yet this Council or Parliament is a greater Council than that, and of greater Autho∣rity when it is in being, and therefore an∣ciently, as I said, call'd Magnum & Publi∣cum

Concilium, and this Privatum Con∣cilium.

7. This Great and publick Council con∣sists of the King, Lords Spiritual, Lords Temporal, (viz. of such to whom the King sends Writs of Summons) and of Commons (viz. of such as the People think fit to Elect by vertue of the Kings Writs.) But this Privatum or Privy Coun∣cil are of such only as the King Elects out of the Degrees next mentioned, or out of other Degrees, as he shall best judge of their Abilities for it. Yet very often Parliaments have persuaded Kings to make Alterations in Privy Councils, both as to Persons and Number.

8. The number of the Persons of this Privy Council are in a manner indefinite, because it depends upon the Kings plea∣sure. But anciently it consisted only of 12. since that they have increased and va∣ried, and in the beginning of this Parlia∣ment they were 29. but before the end of it above 40. The number of the Great Council or Parliament is partly indefinite, (in the Lords House) and partly circum∣scrib'd, (and so in the Commons House (as will be shewn,) for these anciently had not above 2. or 300. but this Parlia∣ment had in both Houses above 700. (as will be shewn.)

9. This very name of Council and Coun∣sellors, (as they are or ought to be) is much more ancient than the Consuls of Rome, which had their name a Consulendo, for their abilities in giving Counsel, and pos∣sibly borrow'd from the name of Neptune the God of the Sea, who was call'd also Consiliorum Deus, so as probably of their two yearly Consuls, one was chosen for the Affairs of the Sea, (as Admiral) the other for the Affairs of the Land, as Gene∣ral, however it is observable that the Title of Consul or Counsellor did continue 1046. years in that Empire, deducting three years interposition of the Decemviri (or 10 Governors,) and 4 years of Tribunes (or 3 Governors,) and 12 years of Tri∣bunes consisting of 4 Governors, and 30 years by Tribunes consisting of six Go∣vernors, and 5 years under an Anarchy, and 2 years wherein Tribunes had a Con∣sulary power, and then the Government again slid into Consuls, so as deducting these 56 years, they continued intire un∣der that Consulary Tutelage 990 years: and as that way of Government was useful to Rome whilst it was a Common-wealth, so we see when Julius Caesar took on him the Roman Empire, and turn'd it to a Mo∣narchy, he did not discard the Consula∣ry way of managing Affairs, nor did his

Successors; so as they continued full 540. years after Julius Caesar in prosecution of that Monarchical Empire, till the Papal Interests had supplanted the Western Em∣pire, and made General Councils, tending rather to the dis-uniting of Princes, than for uniting Religion, as was pretended, and instead of Consuls, erected a Consi∣story and Conclave, the last being only new names for a Council.

10. This is certain, that Councils or Coun∣sellors or Consuls are of that nature, that no Government can subsist without them, though by different Appellations; and I read of few or none in all the Roman Sto∣ries, who had the Title of Consul con∣ferr'd on him, but those who either by their Wisdom had given such good Coun∣sel as prov'd prosperous to the Empire, or had done such eminent Services, that from such Heroick actions the Emperors and Se∣nators derived Arguments of their Abili∣ties to Counsel, as having actually done, and from that experience might Counsel what was fit to be done, and thereupon formerly call'd Consul, and now Counsel or Counsellor, and fit to sit both in Privy Council or publick Parliament.

11. This Honour was still founded in me∣rit; by the estimation of Judgment, Experi∣ence, or Resolution; for what they had

Advised, Counsell'd, or Successfully acted, and therefore they were seldom made Viri Consulares till they were 43. years of age, and for such as had been thus Serviceable to the Empire, if a Consulship were not void, yet they had always some Offices or 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 fol∣lowed 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 ma∣ny 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, Parlia∣ments, which relate only to matters of Law and Government of their Societies, and Councils of War and Trade, and ma∣ny 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 Concilia∣rio, 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 Sum∣mon'd only upon Emergencies of State, which latter being thus Constituted, it may well be call'd Magnum Concilium Ani∣marum, or a Council of Souls rather than Bodies, so as the King may say with Cicero, Conscientia conciliorum meorum me Conso∣latur, i. e. The knowledge and Conscien∣tious concurrence of minds or Souls, (for so Conscientia sometimes siguifies) and in∣tegrity 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 tis 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 Com∣mons House, yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland: The Duke of Laderdale (be∣ing a Scotch Lord) was not Summon'd till he was made Earl of Gilford some years after: The Duke of Ormond was Sum∣mon'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 So∣mersetshire, and soon after made Lord Fitz Harding, (an Irish Title) and so conti∣nued in the House of Commons to his death, Sir George Cartret Knt. and Bar. was cho∣sen 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 De∣greees Constitute both the Privatum and Magnum concilium or Parliament.

Notes

• * 1.1

  Obs. I.