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.

CHAP. VI. Of Writs of Summons, and first of the Ex∣emplar Writs for Summoning Princes, Dukes, and Earls of the Bloud-Royal to the Parliament.

SECT. I.

I Have shewn in Chap. 2. how Parliament Writs are sorted into Close Writs, and Open Writs or Patents, and those into Exemplars and Consimilars. I need not inlarge more therein, but proceed to the first Exemplar Writ of Summons, and so to other such Writs of Summons to other Degrees as concern the Lords House; for I shall speak of other Parliament-Writs of another nature, when I have dispatcht the Summoning Writs and Patents of Creation, according to the method of Pawns and Clause-Rolls made before the Act of Precedency, as also in all Pawns since that Act. Those of the Bloud-Royal are placed in the first Rank of those Re∣cords, and were still Exemplar to the rest, and therefore the Writ which I am now to speak of, viz. To the Duke of York (Brother to King Charles the 2d.)

is the Exemplar of the Consimilar Writ to Prince Rupert Duke of Cumberland, (being Son to the Sister of King Charles the First) and so persuant not only to the said Act, but to the most ancient methods of Writs of Summons, (as will be more fully shewn in the following Chapters.)

But before I recite this Writ, methinks I hear some say, Nolumus consuetudines Angliae mutare, therefore let us know what Writs of this nature were issued in former Ages by former Kings, which is a Question so pertinent to my own scruples, that (I hope) the same ease I gave to my self (after my inquiry) will serve to satisfie others; for having gone backward with as much safety (to the avouching of Records as I could,) and being not satis∣fied with what was delivered to us, concern∣ing the Parliament Writs in the Brittish, Ro∣mans, Danes, Saxons, or Norman times, or by some of the Plantagenets, or those of Hen. 3ds. time, from whence most Writers of our English Parliaments take their Original; I fixt upon and took my Rise from the Writs in the 15th. of Edw. 2d. which are clear and still extant in the Records of the Tower, which the other are not.

By these Records it is evident, that in 97. Parliaments, as I account them, which were Summon'd from that 15th. year to

this Parliament, there is no material dif∣ference in this Exemplar Writ from those Antecedent; and therefore that this Writ to the Duke of York may be compar'd with that of Edw. 2d. I have here set them both down verbatim, so that upon 339. years experience, viz. from the year 1322. to the year 1661. Inclusive, we may ac∣quiesce, that we in this Age have not much trespass't or varied from the ancient and wise Form prescribed to us by so many former Kings, and continued to this time.

The Form of the Exemplar Writ to the Princes of the Bloud.

Tempore Edw. 2.15.

EDwardus Dei Gratia Rex Angliae Do∣minus Hiberniae & Dux Aquitaniae,

Edwardo Comiti Cestriae filio suo Charissi∣mo Salutem,

Super diversis & arduis nego∣tiis nos & statum Regni nostri speciali∣ter tangentibus Parliamentum nostrum apud Eboracum a die Paschae prox' futuro in tres septi'anas teneri & vobiscum & cum ceteris Prelatis Magnatibus & Proceribus dicti Regni habere proponimus collo∣quium & tractatum.

Vobis Mandamus in fide & diléctione quibus nobis tenemini firmiter injungentes.

Dictis die & loco omnibus aliis preter∣missis personaliter intersitis ibidem nobis∣cum & cum ceteris prelatis magnatibus & proceribus supradictis negotiis tractatur' vestrum{que} Consilium impensur' Et hoc Nullatenus omittat'

Teste me ipso apud Westm' decimo quarto die Martii Anno Regni nostri decimo quinto.

Caroli 2.13.

CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, &c.

Praecharissimo & dilecto fratri Jacobo Duci Eborum & Albaniae magno Admirallo suo Angliae Salt'm

Quia de

Advisamento & assensu Consilii nostri pro quibasdam arduis & urgentibus nego∣tiis nos statum & defensionem Regni no∣stri Angliae & Ecclesiae nostrae concernen∣tibus Quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maii prox' futur' teneri ordinavimus & ibidem nobiscum ac cum magnatibus & proceribus dicti Regni nostri collo∣quium habere & tractatum.

Vobis Mandamus in fide & ligeantia quibus

nobis tenemini firmiter injungentes quod consideratis dictorum negotiorum ardui∣tate & periculis imminentibus cessante ex∣cusatione quacunque

Dictis die & loco personaliter intersitis nobiscum ac cum magnatibus & proceri∣bus predictis super predictis negotiis tra∣ctatur' vestrumque consilium impensur' Et hoc Sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae predictae expeditionemque dicto∣rum negotiorum diligitis nullatenus omit∣tatis

Teste me ipso apud Westm' decimo octavo die Februarii Anno Regni nostri Decimo tertio.

SECT. II. Observations.

IN An. 12. Hen. 8. the words fidei De∣fensor, were then added before Salutem, instead of Super diversis causis. The latter Writs are Quia de advisamento & assensu concilii nostri pro quibusdam causis, yet I find the word Quia us'd in the great Councils or Parliament Writs, before Edw. 2ds. time, and probably the words assensu Concilii nostri is added to shew the di∣stinction of his Privy-Council and his Publick Council or Parliament.

2. Instead of Specialiter tangentibus, the latter Writs are concernentibus quoddam.

3. Instead of habere proponimus, the latter Writ is teneri ordinavimus, and habere is put in between Colloquium and Tractatum.

4. Ligeantia is put in the latter Writs in∣stead of Dilectione, this word Dilectione being for many Ages particularly apply'd to the Episcopal Writs.

5. The latter Writs do contain all that are in the more Ancient, (except the Inserti∣ons of some Causes of Summons, and some inlargements added upon Emergent occasions) viz. quod consideratis dictorum negotiorum arduitate & periculis imminenti∣bus cessante Excusatione quacunque.

6. And also those words are added near the end of the latter Writ, viz. Sicut nos & ho∣norem nostrum ac Salvationem & Defensionem Regni & Ecclesiae predicte expeditionemque dictorum negotiorum diligitis, which additi∣ons are only more full Expressions to oblige the Attendances of the Grandees.

Thus having shewn the Exemplar Writs to the Bloud Royal, Ancient and Modern, I shall set down such Earls, Dukes, or Princes of the Bloud Royal to whom this Exemplar Writ was directed, even to this time, according as they are either in the Clause Rolls in the Tower, or in the Pawns in the Pettibag-Office, which I shall recite

in English, though the Writs are in La∣tin.

SECT. III.

THe Exemplar Writ was then to Ed∣ward Earl of Chester,* 1.1 Eldest Son to King Edw. 2d. and by vertue of this Writ, this Prince had his Exemplar Writ but for this one Parliament, and was soon after King Edw. 3d.

2.* 1.2 To Edward Prince of Wales and Earl of Chester, Eldest Son to Edw. 3d. and this Prince had Exemplar Writs for 9 Parlia∣ments, viz. 3 Edw. 3. 4. Edw. 3. and 4. Edw. 3. 5. Edw. 3. 25. Edw. 3. 27. Edw. 3. 28. Edw. 3. 29. Edw. 3. 42. Edw. 3.

3. To Thomas Earl of Norfolk,* 1.3 soon after created Duke (Marshal of England, great Uncle to Edw. 3. who had his Exemplar Writ but for this one Parliament.

4. To Henry Earl of Lancaster,* 1.4 (soon after created Duke, (Son to John the 4. Son of Edw. 3.) who had Exemplar Writs in this Kings and Richard 2. and H. 4ths. time, for 7 Parliaments, viz. 14. Edw. 3. 17. Edw. 3. 18. Edw. 3. 22. Edw. 3. 25. Edw. 3. 23. Rich. 2. 1 Hen. 4. as Duke of Lancaster.

5. To John Duke of Lancaster,* 1.5 (who then

was King of Castile and Duke of Acqui∣tane) the 4th. Son to Edw. the 3. as afore∣said, and Uncle to Rich. the 2.) who had Exemplar Writs for 17. Parliaments in this and Rich. the 2ds. time, viz. 37 Edw. 3. 38. Edw. 3. 1 R. 2. 3 R. 2. 4 R. 2. 7 R. 2. & 7 R. 2. & 8 R. 2. and 8 R. 2. 9 R. 2. 13 R. 2. 14 R. 2. 15 R. 2. 17 R. 2. 20 R. 2. and 20 R. 2. 21 R. 2.* 1.6

6.* 1.7 To Richard Prince of Wales, (Duke of Cornwall and Earl of Chester, Grand-child to Edw. the 3d. and Son to Edw. the for∣mer Prince of Wales, and afterwards King Richard the 2d.) who had an Exemplar Writ but for this Parliament, and at the opening thereof he did sit in the Kings Chair.

7.* 1.8 To Edmund Earl of Cambridge, Duke of Clarence, and first Duke of York, (the 5. Son of Edw. the 3d.) who had Exem∣plar Writs for 3 Parliaments, viz. the 10.11.12. of Rich. 2. as Duke of York.

8.* 1.9 To Thomas Duke of Glocester Uncle to the King, who had one Exemplar for one Parliament.

9.* 1.10 To Henry Prince of Wales and Duke of Cornwall, who had his Exemplar Writs for 9. Parliaments in his Fathers life time, and was after King Hen. the 5th. viz. 1 H. 4. 2 H. 4. 3 H. 4. 6 H. 4. 7 H. 4. and 7 H. 4. 9 H. 4. 11 H. 4. and 13 H. 4.

10. To Thomas the 2d. Son of Hen. the 4th. Duke of Clarence and Earl of Albe∣marl, had Exemplar Writs for 7 Parlia∣ments, in this and Hen. 6ths. Reign, viz.* 1.11 * 1.12 1 H. 5.3.4.5. of Hen. the 5th. and in the 1st. and 6. and 3 H. 6.

11. To John Duke of Bedford 3.* 1.13 Son to Hen. 4th. who had Exemplar Writs for 5 Parliaments in this and Hen. 6th. Reign, viz. 8 H. 5.4. and 4.11.14 H. 6.

12. To Humphrey Duke of Glocester,* 1.14 (the 4th. Son of Hen. 4.) he had Exemplar Writs for 10 Successive Parliaments, viz. 4.6.9.10.15.18.20.21.25. and 25 H. 6.

13. To Rich. Duke of York,* 1.15 (Grand-child to Hen. 4. and Eldest Son to Edw. the 4. when Duke of York) who had Exemplar Writs for 4 Parliaments, viz. 27.29.31.33 H. 6.

14. To George Duke of Clarence, (3d.* 1.16 Bro∣ther to Edward the 4th.) who had Ex∣emplar Writs for 3 Parliaments, viz. 7.9.12. Edw. 4.

15. To Edward Prince of Wales,* 1.17 (Eldest Son to Edward the 4th.) who had Ex∣emplar Writs for Two Parliaments, and after was King Edward the 5th.) viz. 22. and 23. Edw. 4.

Note, That from this time to the 21. of Hen. the 8th. we are disappointed of the knowledge of any Exemplars, and from thence to the 21. of King James there are no Exemplar Writs to any of the Bloud Royal, only to other Lords Temporal, as will be shewn in its proper place; but in the 21. of King James* 1.18

16.* 1.19 An Exemplar Writ was to Charles Prince of Wales, Duke of York, for that one Parliament, who was afterwards King Charles the First.

17.* 1.20 To Charles Prince of Wales, who had an Exemplar Writ for one Parliament, and after was King Charles the Second.

18.* 1.21 To James Duke of York, who sat by vertue of the aforementioned Writ in the Parliament begun the 8th. of May, 1661. to the end thereof.

SECT. IV. Observations on the Title of York.

THere were other Dukes of York be∣sides these which are mention'd in this Collection, viz. Edward the Son of Edmund Duke of York, and upon Edwards Death his Brother Richard was created

Duke of York, and Henry the son of King Henry the 7th. was created Duke of York, who after was stiled King Henry the 8th. but these 3 Dukes of York, being not mention'd in any Clause Rolls to have Exemplar Writs, I have omitted them in the Register of Exemplars.

2. The City of York was dignified with the Title of an Arch-Bishoprick (in the year 180 as some say) but all agree that Taurus was Arch-Bishop there in the year 610.) and also with the Title of a Duke∣dom in the 10th. year of Ric. the 2d. whereas London the Metropolitan of Eng∣land hath onely a Bishoprick, but no Duke∣dom, Earldom or Marquesate appropriate to it, and in Anno the Civil Govern∣ment of the City was honour'd with the Title of a Lord Mayor, as it was at London, but how far the equivalency of that Title extends to those two Cities, will be further discourst when I speak of London in its proper place, and in my Annotations.

3. Whilst the quarrel continued between the Dukes of York and Lancaster, which lasted for many Ages, York had the Title of White-rose, the House of Lancaster call'd the Red-rose, till both were inoculated in∣to one Stock of Hen. 7th.

4. The Title of this James Duke of York and Albany, (in Scotland is the same which

was given by King James to Prince Charles (afterwards call'd King Charles the First) being first created Duke of Albany, &c. and at 4 Years of age Duke of York.

SECT. V. Of Consimilar Writs to the Royal Exemplars.

NOw I should proceed to the Consi∣milars of these Exemplars, but in respect that they consist of a very great number, and it were too great a labour to treat of all Consimilars, I shall for∣bear to recite them. Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them, and ease me of that labour; so as I shall only take notice here of the Writ for this Parliament to Prince Rupert, (the Sisters Son to King Charles the First) and this is Consimilar in all parts to the Duke of Yorks Exemplar, (except in the Title) so I need not set it down at large, but by abbreviation shall thus render it, viz. Carolus, &c. Rex, &c. Praecharissi∣mo Consanguinco Duci Cumbriae Salutem, and so Verbatim with the Dukes Exemplar. Duke of Cumberland being his English Title.

SECT. VI. Observations on these Consimilars.

1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time, after the Exemplar Writs are set down, these words following are in the Clause-Rolls and Pawns, viz. Consi∣milia Brevia diriguntur Subscriptis, and in some, Consimiles Literae (instead of Bre∣via) directae Subscriptis, and in some, Consimiles Literae directae Conscriptis, thereby seeming to retain the ancient words of Patres Conscripti, which the Ro∣mans did usually apply to their Elected Senators. But here it is only Consimile Breve, in the singular, Dirigitur praecha∣rissimo, &c. Ruperto, there being no other of the Bloud in England.

2. Princes of the Bloud have been Con∣similars, when Princes of the Bloud have been Exemplars, as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle, of the Bloud; but not where any were Exemplars who were not of the Bloud: and so many more might be cited, which may be seen in Cottons Collections of the Tower Records.

3. In this Consimilar Writ, Prince Ru∣perts Foraign Titles are omitted, because none of the Peers do sit in the Lords House but in respect of their English Titles; yet in the Proxy-writs which they allow to others, their Foraign Titles are recited without scruple, as will be shewn in the 10th. Section of the 12th. Chapter.

4. I cannot but take notice here, that till the Union with Scotland, there was a Chair plac'd in the Lords House on the right hand of the Kings Chair, for the King of Scots, and call'd the King of Scots Chair. Yet I cannot find by any Records of the House of Lords or elsewhere, that the King of Scots did ever sit there, or was Summon'd, or had any proxy to sit there for him, by vertue of any Exem∣plar or Consimilar Writ.

And now I shall proceed to the Exem∣lar for Bishops.

Notes

• * 1.1

  Exemplar. 15 Edw. 2.
• * 1.2

  3 Edw. 3.
• * 1.3

  4 Edw. 3.
• * 1.4

  14 Edw. 3.
• * 1.5

  37 Edw. 3.
• * 1.6

  Exemplar.
• * 1.7

  50 Edw. 3.
• * 1.8

  10 Ric. 2.
• * 1.9

  11 Ric. 2.
• * 1.10

  1 Hen. 4.
• * 1.11

  Exemplar.
• * 1.12

  1 Hen. 5.
• * 1.13

  8 Hen. 5.
• * 1.14

  2 Hen. 6.
• * 1.15

  27 Hen. 6.
• * 1.16

  7 Edw. 4.
• * 1.17

  22 Edw. 4.
• * 1.18

  Exemplar.
• * 1.19

  21 Jacob.
• * 1.20

  15 Car. 1.
• * 1.21

  13 Car. 2.