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. XVI. Observations on this Writ to Cardinal Wolsey.

THis Writ, except the Title of it, is like that of Ed. 2d. yet I have thought fit to enter it for some reasons particu∣larly.

1st. For the Eminent nature of the Titles which this Cardinal ascrib'd to him∣self, who had also tryed several experi∣ments to have been made Pope: and pro∣bably the Passions of Hen. 8. and the

Cardinals disappointments therein, might hasten the dissolution of the Abbots, and other proceedings in order to the lessening the Popes interest here; and this refusal of the Cardinal, may justly give an oc∣casion to say that the English have always had hard measure in their Attempts there∣in; for though the Conclave have ad∣mitted above 50. English men to be Car∣dinals, yet (it seems) their Policy hath been not to admit of any English man to be Pope (except one in our Henry 2. time) called Nicolas Brakespear, who be∣ing Pope, Intituled himself Adrian the 4th.) so that from Higynus's time there hath been but one English man made Pope (unless Johannes natione Anglicus,* 1.1 officio Pa∣pa, Sexu Faemina quae sedet in Papatu An. 20. Mens. 6. who in English we call Pope Joane) be allow'd for one of the 246. Popes to this time, yet the Pope hath exercised the highest Jurisdiction here that England could afford, which is a very Partial and unequal way of dealing.

2. The 2d. reason of Entring this Writ, is to shew that the Archbishop of York, was herein the Exemplar to the Archbishop of Canterbury, of which there is no Precedent before; for the three Car∣dinals which were Archbishops, viz. in the time of King John, Edward the 3d,

and Hen. the 6th. were all three Arch∣bishops of Canterbury, so as this prece∣dency must be attributed to the Cardi∣nals Dignity above all Archbishops, and not to any irregularity in placing the Ex∣emplar. And here it may be observed, that as the Title of Archbishop did long since leap over the Title of Bishop, and the Titles of Patriarch and Pope, over Archbishops, afterwards, viz. Anno Christi 1099. when the Title of Cardinal first began (by Pope Pascal the 2d. his institution) the Title being rais'd by him, of certain Parochial Priests in Rome (of whom he had more confidence) did in effect leap over all the Four other Degrees, and by it had the sole power of Electing Popes, being under their management; so as the Pope hath only the Title left, and the 70 Cardinals the power of Electing him, in which they are unwilling to admit of any English man, although if they did, he would be so over∣ballanc'd, that there were no great hazard of his Election. In the mean time, the Conclave is so kind to its own Interest, as to appoint one of those Cardinals to be Pro∣tector of England, he being at this day Stiled, Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector.

3. It may be observed that amongst many other Titles he Intitled himself Pres∣byter,

to gratifie all interests.

4. Though H. 8. might intitle him∣self Fidei Defensor 8 years before this Writ, yet this is the first Writ on Record where∣in this Title is given; and this also is the last Writ, that I find was sent to any Cardi∣nal to sit in Parliament; for though Car∣dinal Pool was Cardinal, and Archbishop of Canterbury in Queen Mary's time; yet he had no Writ, either as Cardinal, or Archbishop, or both; but the Exemplar was in that Parliament, to the Bishop of Win∣chester, and no Writs to the Bishops of Can∣terbury, York, London, or Durham.

5. When this Writ was made, he was Lord Chancellor, yet it is not inserted in the Writ, possibly because Sir Thomas More was in Prospect to be Lord Chancellor, and was actually so before the Parliament met. And now having shewn the first Writ among the Pawns, I shall proceed to the Writs in the subsequent Pawns, and then shew the alte∣ration of them.

The second Pawn or bundle of Writs extant in the Pettibag is of the 31 of Hen. 8th. wherein the first Writ is to Thomas Archbishop of Canterbury; and this Writ also agrees with the former (except in the Titles) and with all the Writs to Arch∣bishops, from Edward the 2ds. time to this, as they are in the Clause Rolls.

The third Pawn, or Record of Writs in the Pettibag, is of the 36 of Hen. 8th. which is the remarkable Writ, because it differs from all the former Writs since Ed. 2ds. time, both in the Titles and the Praemonition; for in this Writ he is intituled King of Ireland, and Supream Head; but before this, only Lord of Ire∣land. Now as to the Title of King of Ireland, Hen. the 2d. did give the same to his Son King John, but the Pope would not let him enjoy it; nor did any of his Successors assume it, till Hen. the 8th. resolved to reassume it in defiance of the Pope, and writ himself King of Ireland, instead of Lord of Ireland; because, as I said in the former Section, he would not place the Title of Defender, before Ireland, as the Pope had directed him in his Bull; or it may be in respect the Pope pretended a Title under King John to Ireland; and as for the other Title of Supream Head, though it was given him by the Parliament 12 years before, yet I find it not in any Parliament Writ till this year of the 36. H. 8. So that the Preamble, or Titular part of the Writ is thus, Henricus Dei gratiâ Angliae Franciae & Hiberniae Rex, fidei Defensor, & Ecclesiae Anglicanae & Hiberniae Supremum Caput. Then for the Premonition, whereas the words Priorem

Capellanum or Capitulum were plac'd next unto Praemonentes; in this Writ the words were Praemonentes Decanum & Capitulum, because Abbies and Priories were newly dissolv'd, and Deanaries Constituted and so the Writs thus alter'd have continued till this Writ for the year 1661. But before I set down the Writ for 1661, I must a little repeat some short progresses and methods ushering in that Writ, for though the Bi∣shops were in the year 1641. by an Act of King Charles the First, with the Consent of the Lords Temporal, and Commons, disabled from Exercising any Temporal Jurisdiction or Authority; and thereupon, soon after put out of the Lords House (as I have shewn) yet there was no occasion of new Writs to them till the year 1661. and then there could be no new Writs made for their Restauration, till they were restor'd by the same power of King, Lords Temporal, and Commons, by repealing that Act; in order to which the remnant of the Parliament of 1640 (which still continued in several shapes) was by the Kings Consent dissolv'd, his Majesty ap∣pointing another to begin in April 1660. So the 29th. of May 1660. he came suc∣cessfully from beyond Seas to confirm it, and this Parliament lasted till December following, in which time, as Prepara∣tories

to the Bishops Introduction; provi∣sions were made for restoring Ministers who had been outed of their Livings, and also Commissioners were appointed (who did sit accordingly) to compose the differences which might arise between the Purchasers of the Bishops Lands and the Bishop, wherein they us'd so great Lenity, that the Bishops did come into their Temporalities; (with some satis∣faction to both Interests) (after they had been injoyed by the Purchasers near Twenty Years) and in the same Month his Majesty did also set out a Declarati∣on before mention'd, concerning Ecclesi∣astical Affairs; and after these Prepara∣tories, that Parliament consisting of the King, Lords Temporal, and Commons, being also Dissolv'd, as I said, in Decemb. His Majesty was pleas'd in February fol∣lowing, to Summon another Parliament of the Lords Temporal, and Commons, to begin the Eighth of May 1661. before which time, his Coronation was Solem∣niz'd, viz. the Twenty third of April 1661. yet before the Ceremony was per∣form'd, he thought himself oblig'd to take Care for the Bishops, (for many Ceremonies essential to his Coronation were to be perform'd by them) and there∣upon

at a full Council in Whitehall, the Tenth of April, this Order was made:

ORdered by his Majesty, That the Lord Chancellor do forthwith give directions to the Clerk of the Crown, to draw up Writs of Summons to pass his Majesties Great Seal, directed to the most Reverend Father in God, William Lord Archbishop of Canterbury, and Accepted Lord Bishop of York, for Convocation of the Lords, Bishops, Deans, Archdeacons, and the Clergy of their respective Provinces in usual Form.

Accordingly, the Parliament met the said Eighth of May 1661. and did sit till the Thirtieth of July, where amongst other Acts, one did pass for Repealing the Act of Abolishing Bishops, and Restoring them to their Estates, Dignities, and Places; and so the Parliament Adjourned to the Twentieth of November following; after which Adjournment, upon the Twen∣ty ninth of August following, the Writs which were ordered the Tenth of April aforesaid, did pass under the Great Seal, and were distributed, so as the Twentieth of November 1661. they did take their places in the House of Lords, and have con∣tinued

so to do during this Parliament; and notwithstanding this long deprivati∣on, (wherein the King himself, the Tem∣poral Lords, and the chief of the Com∣mons were Sharers) they may be said to be in the House of Lords upon an Inter∣est of Right, though the Interest of Form in their Introduction was wanting, that Act of Abolition being partly Authentick, and partly not, (for Acts of Parliament are good Absente Clero, though not Exclu∣so Clero,) and so next I shall shew the Ex∣emplar Writ, as it is entered in the Crown Office, (for it was too late to enter it amongst the Deposits or Pawns in the Pettibag.)

Notes

• * 1.1

  Gussarus.