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. IX. Observations on this Writ.

FIrst I shall shew how it differs from the Writs to the Nobles; Secondly, How it differs from the Writs to the other Assistants. First, It differs from the Writs to Dukes, Marquesses, Earls, Viscounts, in these particulars.

First, To Dukes and Marquesses, the Writ is directed Praecharissimo Consangui∣neo, to Earls and Viscounts, Charissimo Con∣sanguineo, to Barons, Praedilecto & fideli; and to Assistants only dilecto & fideli, but this Writ is directed as to a Baron, viz. Predilecto & perquam fideli, yet the body of the Writ differs from the Barons;

the word perquam is added to fideli, being in no other former Writs, but is a proper word to express our English Right Trusty; and here it may not be improperly hinted, that in English Super∣scriptions, Right Trusty is placed before Well-beloved, but in Latine Well-beloved, (or Praedilecto) is before Right Trusty, or Perquam Fideli.

Secondly, The words Sub fide & li∣geantia, are in the Lords Writs next to Vobis Mandamus, but in all the Assisting Writs, those words are omitted; probably because in former times, the Assistants had not Tenures, but only knowledge of the Laws which occasioned them to be sent for by Writ Pro Concilio.

Thirdly, The words (Consideratis di∣ctorum negotiorum arduitate & periculis imminentibus cessante excusatione quacun∣que) in the Lords Writs) are left out in the Assistants Writs, and instead thereof, (omnibus aliis praetermissis) are inserted. In the Mandatory part of the Writ, the words in the Writ are (ac cum caeteris de Concilio nostro) instead of (ac cum Mag∣natibus praedictis) which is the chief distinction between the Peers and the Assistants.

Fourthly, In this part also of the Writ, the Words are only in short, & hoc nulla∣tenus

omittatis, but in the Lords Writs, (& hoc sicut nos & honorem nostrum ac Salvationem regni & Ecclesiae praedictae expeditionemque dictorum negotiorum dili∣gitis) their Lordships being more eminent∣ly concerned in the Kingdoms Interests.

Fifthly, In all the Pawns extant, and in most of the Clause-Rolls, (after the Exemplar Writ of every Degree or Quali∣ty is named,) these words are added, Con∣similia dirigenda; but there is no Consi∣milar directed to this Writ, and although the Master of the Rolls is an Officer very little differing in many things from the Office of the Chancellor or Keeper, yet his Writ is made a Consimilar to the chief Justice of the Kings Bench his Writ, and not to the Lord Chancellor; the Lord Chancellor standing Exemplar without any Consimilar, (and there are but Two of the same nature in all the Pawns, from the 36. of Hen. the Eighth to this time, viz. That to Chester and to Lancashire, as will be shewn in their order) the true reasons thereof are (as I conceive;)

1st. That this Officer is of so transcen∣dent a nature, that a Consimilar there∣unto were improper, because the Original Warrant for issuing out Writs (as is before recited) is made from the King only to the Lord Chancellor or Lord Keeper, and

the like Warrant not to any others of the Assisting Degrees.

2dly. His Lordship usually, and in most Cases, is necessarily the chief Minister of of State.

3dly. He is the Supream Assistant of all the Assistants in the House of Lords; for he is not only Lord Chancellor and Assistant, but of late years constantly Speaker of that House.

4thly. His Grandeur is such that he hath four places in the Lords House, one behind the King of Scots-Chair, the other next to the Dukes of the Blood, the third on the first Woolsack, 4thly. at the Table (as will be shewn) whereas each of the other Assistants have but one single place, diffe∣rent from those provided for the fixt No∣bility (as will be shewn in the Local part.)

6. I cannot conclude this Chapter better, than from Sir John Davy (an Eminent Lawyer, in his Epistle to his Excellent Reports) who Describes a Chancellor in these words, Saith he, Is he not ad Latus Principis, to attend him? Auricularius Prin∣cipis, to advise him? Doth not the King make him the Conduit of his Wisdom, when he useth his Voice, and Tongue to declare his Royal pleasure? Doth he not make him the Organ of his goodness, when he trusteth

him with his Mercy, and Conscience in sweet∣ning the bitter waters of summum jus, and in mitigating the rigour of Law to his peo∣ple? Doth he not represent Reverentiam Principis in the Power and Authority of his Office? In a word, if the greatest honours do belong to the greatest vertues (for what is honour but a reflection and reward of ver∣tues) How vertuous a person must he be, with what Gifts and Graces, with what Abi∣lities, with what Ornaments, both of Art and Nature must he be indowed and fur∣nisht? viz. with all Learning, Law, Poli∣cy, Morality, and especially Eloquence to impart and Communicate all the rest: he must withall have a long, and universal ex∣perience in all the Affairs of the Common∣wealth; he must be acceptable and absolute in all points of Gravity, Constancy, Wis∣dom, Temperance, Courage, Justice, Piety, Integrity, and all other vertues fit for Ma∣gistracy and Government; yet so as the same be seasoned with Affability, Gentleness, Humanity, Courtesie, without descending or diminishing himself, but still retaining his Dignity, State, and Honour. Briefly, he must be a person of such vertue and wor∣thiness (that not only his Writ may be ex∣emplar to other Assistants) but his Life, and Conversation a Mirrour, and Example to all Magistrates.

7. He performs all matters which apper∣tains to a Speaker of that House, where∣by he may be said to be the Eye, Ear and Tongue of that great Assembly.

8. He is the Inlarger, Explainer, Interpre∣ter, or Pronouncer of the Kings Commands or Pleasure; and that which is further ob∣servable, of 72. Officers under his Jurisdicti∣on, more than 44. of them are imployed in Parliament concerns; either upon its Summoning, or during its Sitting; (as will be shewn in my Annotations) And as his Warrant is the second Warrant that gives life to a Parliament, and vivacity to its continuance by Sessions and Recesses; so he gives the second Fiat to its Dissolu∣tion: he hath also an appartment near the Lords House (as will be shewn) for him∣self to retire to, and for his Serjeant at Arms and others of his Attendants.

Thus having considered the Lord Bi∣shops and Lord Chancellors Writs, I must observe how exquisitely and harmoniously these two Degrees are interpos'd; (both in their sitting in the Lords House, and in the method of their Writs in Pawns, and in the Act of Precedency) being placed in all of them between the first and second Rank of the Lords Temporal: (as it were) to shew that the Lords Temporal are al∣ways to embrace and maintain Religion

and Equity, as the two chief Supporters of a Parliament.

I have spoken of the first Supporters to Religion and Equity, viz. Princes of the Bloud: and now I shall speak of the other Supporters, (viz. the Nobles not of the Bloud, distinctly five Titles, viz. Dukes, Marquesses, Earls, Viscounts, and Barons) but more especially of their Writs which Summon them to sit in Parliament, which will guide me into several observations.