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. XIII. Of the Assistants to the House of Peers, com∣prized in the Fifth Exemplar of the Pawn.

1. HAving done with all the Degrees which are mention'd in the Act of Precedencies, and given an account by four Exemplars of the Writs to the Prin∣ces of the Blood, of the Writs to the Archbishops and Bishops, of the Writ to the Lord Chancellor, of the Writs to the Hereditary Nobles of Parliament, (viz. Dukes, Marquesses, Earls, Viscounts, and Ba∣rons) as they are mention'd in the Pawn, and also given an Abstract of such Patents of Creation as Intitle some of them to be the more capable of Summons, as also of Peers and their Proxies, I come now to the Degrees which are not mention'd in the Act of Precedency, but are compriz'd under the fifth Exemplar-Writ, recited in the foremention'd Pawn, viz. to the Lord Chief Justice of England, and of the Con∣similars to his Writ; and these are different from all the former (except the Lord Chancellors, of which I have spoken) be∣cause these do not sit in the Lords House by vertue of any Tenure or Patent of

Creation, or according to the Act of Prece∣dency, but only by Writs, as Assistants, (for none do sit there without Original Writs, except Proxies, and Masters of Chancery, &c.) as will be shewn. But before I treat of them distinctly, I shall set down some Ob∣servations on their Professions.

1. These Assistants do all profess the Study and Knowledge of Laws, and there∣fore have their Places allotted in the very heart of the Lords House, that they may with the more ease give their Advice to that Noble Body, in all Matters which con∣cern either the Theory or Practice of what is just or fit to be done.

2. Now there are certain Faculties and Vertues springing from the Profession of these Assistants (viz. Jus, or Right; Ju∣stitia, or Justice; Judicium, or Judgment; Ratio, or Reason; Prudentia, or Pru∣dence; Aequitas, or Equity; Discretio, or Discretion; Sapientia, or Wisdom; and Scientia Legum, or Knowledge of the Laws:) to whith (it is presum'd) they have attain'd, and are thereby made fit for Assistants; yet that these Vertues may be the more distinctly discern'd, I shall take the freedom to explain them.

Jus, (the Latin for Right) is the foun∣dation on which Justitia, or Justice, is built.

Justitia is status, or statio Juris, quia Jus stat vel exercetur per Justitiam. So that Jus is the principal, Justitia the Efflux of it.

Judicium, or Judgment, is the fix'd re∣solution, determination, or sentence of what is true, or false, good, or evil, just, or unjust.

Reason is a Ray of Divine Light, which guides a man to judge what is Just or Justice.

Prudence is in the nature of Providence, (from Providere) to foresee the conve∣niencies or inconveniencies of so doing or not doing right to one man, that it may do good to one, and not hurt ano∣ther.

Discretion is also to discern the nature or difference of things represented, and to manage them to their right end, and by this

Equity is usher'd in, which is a conscien∣tious care that all things may be equally and proportionably done towards those who exspect Justice, when the matter concerns distinct persons, or interests, and then

Sapientia or Wisdom advanceth it self, and includes the Scientia Legum, or Know∣ledge of the Laws, and that imploys all the Faculties of the Soul, and hath a par∣ticular

Intellect and Inspiration to see, im∣prove and manage all things to a just and right end, and teacheth the Professors to in∣struct others in the principal Rules of perfect Conversation with each other, viz Honeste vivere, neminem laedere, & suum cui{que} tri∣buere, which is to live soberly, and tem∣perately, to offend no man wilfully, and to give tribute to whom tribute belongs, and to every man what is their right to enjoy, or in our power to perform.

All these do constitute a wise man, and the Professors of Laws have more oppor∣tunities to demonstrate them to others, and by these Vertues they become Accom∣plish'd Assistants to a Parliament both in Divine and Human Matters.

3. But the Imbecility of our Human Nature is such, that no man is so universally knowing in all things, as to give a true Judgment of all particulars, without a light or information from others, whereby to judge of what is just, right, or fit to be done; especially in the contentions arising from the Mechanick Arts, or Trades, and some other Sciences, which are a significant part of the Fa∣brick of any Kingdom, or State; for supposing two Artificers, professing dif∣ferent Arts, are both imployed to the per∣fecting of some Publick Work, wherein

their joint Skills are necessarily required, in which they are at variance upon some my∣stical parts in their Trades, and without determination of their differences and con∣cerns, neither of them can proceed in the joynt Design; and thereupon they refer themselves to one of the Professors of the Law, to settle the matter between them.

But it is vulgarly thought beneath one of these eminent Professors to dive into Mechanick Trades or lesser Sciences; yet both of these Artists informing him of the true state of the mysteries of their respe∣ctive Trades, the Judge from thence makes a rational determination of what is fit to be done, as well for the support of their Trades, as for the common good to others, by preventing fallacies, or cir∣cumventions, or the like contests; and this he gains from the impartments and arguments of these Artists, and so weigh∣ing their alternate allegations in one ba∣lance, and the common good in another, he makes so peculiar a determination and Sentence, as to convince both parties, and this from the ground of their different Arts and Impartments.

Now the Judge or Justice, even by these dayly accidents, and references, doth day∣ly gain Knowledge, and by justly ma∣naging

this Knowledge grows to be gene∣rally esteem'd a wise Man, not only from these lower particulars (upon which the Opinion of the Vulgar is founded but from his insight and transacting in matters of a more transcendent nature, which dayly also come before him (either of Publick or Private Concerns.)

But in all Transactions in this World there is a Right and a Wrong, which lat∣ter is term'd Unjust, and sometimes it may be positively judg'd to be so; yet it may so happen that summum jus may do injury, whereupon there is a necessity of interpo∣sing Equity, lest the Wrong by Custom should prove an esteem'd Right, or that Right by necessary fix'd Rules, (which may be safe at one time and not at another) or an unlimited use or power, should slide into Wrong; so as the due and critical time of applying this Equity to summum jus (which is gain'd by reading Law and Precedents) doth still improve and exalt the Character of a wise Man.

4. But because most men are either neg∣ligently or wilfully ignorant in the way of attaining these excellent Vertues, the wisdom of all Governours hath (by the help of these learned Professors) establish'd certain Rules to direct men (which the Latin call Regulae, from Regere) intima∣ting

the care of Governours in Exhibiting such Rules for the good of those who are under Tuition, but generally such Rules are called Laws (which the Latins term Leges, from Legere, to Read) so as every man, who is not careless of his own Fe∣licity or Justice towards others, may there∣by be instructed to what he ought to per∣form.

5. In ancient times when People were not dispers'd into various Regions, nor into great Societies of Towns, Cities and Kingdoms, but consisted of some few Fa∣milies, or Villages, it was no hard matter to transmit those Rules or Laws to one another, by singing them in Meeter, or some other ways of Tradition; but when those lesser Societies grew into the greater forms of Government, their Legislators invented a more certain way or art of com∣municating their just Rules or Laws, by legible Characters, Words, and Senten∣ces, either Writ or Printed, (containing those Rules) which (as I said) were ori∣ginally, only certain tunable unwritten Instructions; and after, when mens dispo∣sitions grew more and more deprav'd, there was something of Coertion added to those Laws, which Coertions (or inflict∣ing of Penalties for disobedience to those Laws) increas'd with the increase of un∣conformable

tempers: and herein there is nothing so great an argument of a wise and good disposition, as when he makes it his study to satisfie himself (and thereby able to inform others) in the knowledge of such Laws or Rules as may make our Lives in this World happy and conscien∣tious, which can no ways be obtain'd, but by knowing and obeying good Laws.

6. For these are they (as the learned Sir John Davies says) to which all King∣doms and Common-wealths are indebted for all their temporal blessings of Peace, Plenty, Civility, and all moral parts of honesty. By these (saith he) we injoy our Relations, Lands, Goods, good Names, or what ever is sweet or dear unto us, for quid sunt Regna nisi magna latrocinia sine Justitia & Legibus; the Land would be full of Thieves, the Sea of Pyrats, the Com∣mons would rise up against the Nobility, the Nobility against the Crown; without these there would be nothing certain, no Contracts, no Commerce, no Conversa∣tion, but Confusion, and even Dissolution of Human Society: for good Laws are Comforts to the Griev'd, Counsels to the Perplex'd, Reliefs to the Circumvented, Preventions of Ruin to the Improvident, Preservations to the Innocent, Supports to the Impotent; they Relieve the Op∣press'd,

protect the Orphan, Widow, and Strangers, they are Oculi Caecis, & Pedes Claudis; (Cures for lame and blind) To sum up all, they are the Secular Arms to defend both the Church, True Religion, and the Common-Weal of the Kingdom or State.

7. For these reasons, the Successive Kings of this Island have constantly (as rewards) set such a mark upon those who are Professors of the Laws, and whose study and experience in Laws have attain'd to so great a sagacity, (as to know how to apply them to the publick good) that the chief of them is made Lord Chancel∣lor, or Lord Keeper of the Great Seal of England; (of whom I have spoken, who for the most part hath been a Professor of Divinity, Law, or Equity) the next (of whom I am now to treat) is made Chief Justice of England; his very Title Justice rendring him in one sence even Superior to the Law it self; (for the Law it self is but Lex tacens, but he that di∣stributes that Law, is Lex loquens.

8. This Title of Justice (given also to every one of the twelve Judges or chief Dispensers of Laws) is so ancient, that in former times they were call'd Justitiae, (as containing that vertue not only in the singular, but in the plural number) and

afterwards they were call'd Justitiarii Angliae, and Justitiarii, (without addi∣tion of Angliae) and after Justitiarii Regis, which last Title was to the four Justices of the Kings Bench; the chief of which four was anciently called Summus, and at this day Capitalis Justitiarius Angliae; (which generally we term in English, the Lord Chief Justice of England) there was also anciently another sort of Justiti∣arii ad placita, (applyed only to the four Justices of the Common Pleas, (the chief of which was, and is to this day also called Capitalis Justitiarius, (omitting Angliae) and which we in English term, the Lord Chief Justice of the Common Pleas.

And to ease the People from going for Justice to them, these Justices did go to the People, to distribute Justice.

These Motions in process of time were call'd their Circuits, because they did in a manner go round the Kingdom; and for these Motions they were called Justi∣tiarii Itinerantes, & Justitiarii ad Assisas, Juratas & Certificationes. There were also anciently another sort of Justitiarii, (which it may be for distinction sake were called Barones Scaccarii) consisting also of four; and this Title is applied only to the Ex∣chequer, where their Justice was to be

shewn in the management of the Revenue of the Crown; and these four also were and are constantly mixt with the other Eight, in their Itineranciis: in all making Twelve.

9. And for further Honor to these Eminent Professors, as well out of Par∣liament as in Parliament, they have pecu∣liar Courts, (as Regalias allotted to them) wherein they have daily opportunities to manifest their Wisdom.

These Professors I divide into three Orbs, and their Courts accordingly, viz. to the Lord Chancellor or Lord Keeper, the Court of Chancery; to the Lord Chief Justice of England, the Court call'd the Kings Bench; to the Master of the Rolls (or Keeper of the most eminent Office of Records) the Rolls Chappel; (in the na∣ture of a Court) to the other Lord Chief Justice, the Court of Common Pleas; to the Lord Chief Baron, the Court of Ex∣chequer; and these are the five Courts or Regalias belonging to five of the first Orb of that Profession; yet not excluding the other Nine: so as,

The second Orb consists of Nine more, viz. three Justices of the Kings Bench, three of the Common Pleas, and three other Barons of the Exchequer; and these have gradual interests in those three Courts, (as will

be shewn) and with the other five do make fourteen, of the first and second Orb; and as a further addition of Honor, twelve of these fourteen (in their Circuits twice every year) have Courts also pro∣vided for them, almost in every County of England (as will be shewn.)

The third Orb of the Professors of Law, are not usually above six in number; (yet sometimes more, sometimes fewer (as will be shewn) I mean of such only as have Summons to sit in Parliament,) and these have Courts also allotted for them, viz. the Kings Serjeants at Law, the Kings Attorney General, the Kings Solli∣citor General, have the Inns of Courts, (though common also to under Graduates and Students) and the two principal Se∣cretaries of State have the Kings Court or Palace for their Regalias; so as the before mentioned five of the first Orb, and nine of the second Orb, and six of the third Orb, (these three Orbs being the most eminent of that Profession) have not only the Jurisdiction and an Interest in the said Courts, but as an higher mark of Honour and Esteem, though they were no Lords, or Barons of the Realm, yet they were and are usually Summon'd by Writs to the High Court of Parliament, when ever it Assembled, and there they

are also dignifi'd with peculiar Places ap∣pointed for them, and many Priviledges of which, with their Number, and the Causes of Variation of that Number, I shall give an Account in the ensuing Se∣ctions.

10. These (as I said) are imploy'd in the Lords House to be Assistants with their sage advices, who are perfect knowers both of general and particular Laws, viz. in the Laws of God and Nature, the Civil Laws, (practised in most parts of Eu∣rope) the Ecclesiastick Laws of other Na∣tions, but more particularly of our own, of our Common Statute, Municipal, and Customary, (and By-Laws, which are alterae Leges) and many others of other Titles, which we derive and still retain from the old Roman Empire, Saxons, &c. And thus fraught with knowledge of Laws, they bring them for the most part into the Hive, or compass of our Com∣mon and Statute Law, and their univer∣sal knowledge makes them esteem'd Learn∣ed, their Learning indues them with Wis∣dom, their Wisdom enables them to be Justices or Judges out of Parliament, and in Parliament to be Assistants there, for the better carrying on of Publick Actions and Consultations; so as the present Laws may be preserved, or such new ones made

as their Wisdoms shall think fit to advise; there being sometimes as much necessity of making new, or correcting, altering, ex∣plaining, or inlarging the old, as in possi∣tively preserving them; for when a But∣tress hath sustain'd an House many years, and is it self decayed by time, it is to the safety of the House, to have another Sup∣porter in its room; for tempora mutant mores, and mores may justly mutare leges, (considered according to the diversity of circumstances) and herein consists the great Master-piece of advice, by turning a nolumus mutare, into a rational volu∣mus.

11. Having now given a short discourse of Law, and the Professors of it in general, occasioning just grounds for their Assist∣ance, I shall proceed to the particular Titles of the chiefest Professors of it, and according to my first propos'd Method, go on with the fifth Exemplar, mention'd in the aforesaid Parliament Pawn, viz. to the Lord chief Justice of England.

The Form of the Fifth Exemplar-Writ to the Lord chief Justice of England.

CArolus Secundus Dei gratia Angl' Scot' Franc' & Hibern' Rex fidei defen∣sor', &c.

Dilecto & fideli suo Roberto Fo∣ster Militi Capitali Justiciario nostro ad pla∣cita coram nobis tenend'assign' salutem.

Quia de advisamento & assensu Consilij nostri pro quibusdam arduis & urgentibus negotijs nos, statum, & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civi∣tatem nostram Westm' octavo die Maij prox' futur' teneri ordinavimus, & ibidem vobis∣cum & cum magnatibus & proceribus dicti Regni nostri Colloquium habere & tractatum, vobis mandamus firmiter injungend', quod omnibus alijs pretermissis predictis die, & loco personaliter intersitis nobiscum, ac cum caeteris de Concilio nostro super dictis nego∣tijs tractatur', vestrum Consilium impensur'. Et hoc nullatenus omittatis

Teste me ipso apud Westm' decimo octavo die Februarij Anno regni nostri tertiodecimo.

The next words in the foremention'd Pown are consimilia Brevia diriguntur per∣sonis subscriptis.

But before I speak of those Consimilars, I shall add some few Observations on this Exemplar.

Observations on the Exemplar and its Consimilars.

I Did think to have made distinct Ob∣servations on this and the following Consimilars, but finding how curiously they, in their Jurisdictions, Power, Au∣thorities, and Operations are intermix'd, separated, and yet united, I shall speak of them as they spring up from my Recolle∣ctions, on which others may graft more, as best suiting to theirs.

1. Neither this chief Assistant, nor any of the following Assistants (which are call'd Consimilars in the Pawns) are men∣tion'd in the Kings Warrant to the Lord Chancellor for summoning a Parliament, otherwise than in these words:

Wherefore We Will and Command you forthwith, upon receipt hereof, and by war∣rant of the same, to cause such and so many Writs to be made and seal'd under our great Seal, for the accomplishment of the same, as in like cases hath been us'd and accustom'd, as may be seen in the first Chapter.

And thereupon the Lord Chancellor (according to the ancient Custom, and such Precedents as I have and shall set down) sends his Warrant to the Clerks of the Pettibag (in haec verba) as in the first Chapter.

You are hereby required forthwith to pre∣pare for the great Seal of England the se∣veral Writs of Summons for the Lords Spiritual and Temporal, as also for the Judges and others, to appear at the Parlia∣ment to be holden, &c. in such method and form, and directed to such persons as are and have been usual in such cases, &c.

Now that the Lord Chief Justice (and the Consimilars, of which I am to speak) have been anciently and usually summon'd, I have and shall shew in their following order.

2. In the Act of Precedency there is no mention made of the Places of these As∣sistants, but there having never been any dispute among themselves of their Places or Precedencies (for they are perfect in their own Regularities and Seniorities, &c.) it had been but expense of time and Paper to insert them, and therefore ac∣cording to the constant order by which they have sat anciently in the Lords House

I shall treat distinctly of them, so soon as I have ruin through some few mix'd Obser∣vations.

3. This great Minister of Justice was anciently made by Letters Patents, with the Clause of Quam diu nobis placuerit, and so it continued till about the end of Henry the Third, and then, and ever since, he hath not been constituted by Commis∣sion or Patent, (as all the other Judges are) but by Writ only, in this form.

Rex, &c. R. F. Militi salutem Sciatis quod constituimus vos Justitiarium nostrum Capitalem ad placita coram nobis tenend'durante bene placito, &c. Teste, &c. And this Writ makes him capable of his Par∣liament-Writ before recited.

4. The Lord Chancellor or Lord Keeper of the Great Seal (as I said) is admitted Chancellor or Keeper by delivery only of the Great Seal to him, and taking his Oath, without Patent or Writ; but this Lord Chief Justice is admitted to his Of∣fice by Writ only, and all the other As∣sistants (of whom I shall speak) do injoy their Offices in their respective Courts by Patent only, and all of them durante bene placito (except the Master of the Rolls, whose Patent is durante vitâ) as will be shewn.

5. But neither the delivery of the Great Seal to the Lord Chancellor, or Lord Keeper, nor the aforesaid Official Writ to the Lord Chief Justice of the Kings Bench, nor the respective Patents by which the other Justices enjoy their respective Offi∣ces, do intitle them to sit in the Lords House, without such an especial Parlia∣ment Writ of Assistance, as is shewn in the Exemplar before recited, (to which all the other Assisting Writs have a Con∣similitude.)

5. This Parliament, or Assisting Exem∣plar Writ to the Lord Chief Justice of the Kings Bench, and all the Consimilars to it (mutato nomine & titulo Officii) agrees in all parts with the Writ to the Lord Chancellor, (as I have before shewn) except the alteration of the words, Prae∣dilecto & perquam Fideli, into Dilecto & Fideli, which are in this and in all the Writs to the following Assistants.

6. The differences between this Writ and that to the Hereditary Lords in Par∣liament, are partly shewn in the Observa∣tions on the Lord Chancellors Writ, the rest will be shewn.

7. This Parliament writ diffeers but in few words from the form of the writ issued in the 15th. of Edw. 2d. (from whence I take my rise (nor from the

Successive Writs to this time) which for the satisfaction of others, (whereby they may see that no new form is obtruded on them) I have set here down Verbatim.

Rex Dilecto & Fideli suo Willielmo de Bereford salutem Quia super diversis & arduis negotiis nos & statum Regni nostri specialiter tangentibus in instante Parlia∣mento nostro die Domincâ prox' futur' ante Festum sancti Laurencii prox' futur' feci∣mus summoneri, vobiscum & cum caeteris de Concilio nostro colloquium habere volumus, & tractatum, vobis mandamus firmiter in∣jungentes quod omnibus aliis pretermissis dictis die & loco personaliter intersitis no∣biscum, & cum ceteris de Consilio nostro super premissis tractatur' vestrumque Con∣silium impensuri Et hoc nullatenus omit∣tat' Teste, &c.

In this Writ the words after Regni no∣stri, (viz. & Ecclesiae Anglicanae are omit∣ted;) for the Church in those days was almost wholly manag'd by Ecclesiastick Persons, who were Conversant in the Civil, and Canon Laws, &c. but in the 26th. of Henry the Eighth, when the power of the Pope was here abridg'd, those words, & Ecclesiae Anglicanae were entred and continued to this day.

Also after the word Vobiscum these words, ac cum Praelatis Magnatibus & Pro∣ceribus are omitted; but (as near as I can collect) some of the most eminent of the Professors of the Law, (as the Lord Chief Justice, and Lord Chief Ba∣ron, &c.) were sometimes Summon'd by Peeral Writs, that is by such Writs that were sent to the Nobles, and then the words ac cum Praelatis, &c. (as in Richard the Seconds time to Jo. Cavendish Capital'Justic'; and in Henry the Fifths time, to William Hanckford and many more) were inserted; but when ever they were Sum∣mon'd meerly as Assistants, the words cum Praelatis, &c. were left out, and so have been ever since Edward the Fourths time.

8. This Parliament Writ is directed, Capitali Justitiario nostro ad placita, &c. and so is his Writ by which he enjoys that great Office, yet his common and general appelation is, Capitali Justitiario Angliae, which we call Lord Chief Justice of Eng∣land, and sometimes, Lord Chief Justice of the Kings Bench, and by some one of those Titles; he is called so in several Acts of Parliament, and ancient Records; (as I have hinted) and though the word Lord be added to his appellation, both in his Assistancies and Office, (and so to some

other of the Assistants) yet neither he nor they are to be counted Lords of Par∣liament; for his Writ by which he enjoys his Office (which is the Inducement to his Assisting Writ) is but durante Placito, (& honore Officii) and his Assistance be∣ing but durante Parliamento, neither of them can six the Title further than the continuance of his Office or Assistance.

And here it may be observed, that the word Vos (a word of great eminency, al∣ways signifying a plural, though some∣times apply'd to a single Person) is us'd in this Official Writ (before mentioned) to the this Lord Chief Justice, but is not in his Parliament Writ, nor in any of the Patents or Parliament-Writs to the o∣ther Justices, of whom I shall speak in order.

9. The antiquity of this great Minister of Justice, and his Court, is doubtless more ancient (under various Titles) than from Hen. the Thirds time; (from whence we vulgarly compute it,) for the Civilians do acknowledge that, Justitiarii sunt umbrae quaedam illorum qui olim 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 apud Graecos dicebantur, designati ad Cu∣stodiam Juris & aequitatis. However, Sir Edward Coke to prove its antiquity, tells us of an Epitaph in Ramsy Abby, ingraven on Stone in these words, Alvinus incliti

Regis Edgari Cognatus, totius Angliae Aldermannus, (saith, that by Aldermannus is meant, Capitalis Justitiarius Angliae, and consequently his Assistance in all Coun∣cils before the name of Parliament, (and since that name) hath always been e∣steem'd necessary, and (as he saith) all these Courts of Justice are so ancient, that they seem to have their Originals from Custom, rather than by Commission.

10. His Jurisdiction is so great, as well out of Parliament as in Parliament, that often times the Lords do wave their own Power and Priviledges of using their own Officers, and do direct the Chief Ju∣stice to send out his single Warrant to Seize on Persons in case of Treason, or Suspi∣cion of it, or for other high Crimes or Misdemeanors; and the House of Commons have likewise sent to him to come to their House upon the like occasions, as happen∣ed when by their directions his Lordship sent out Warrants to Seize the five Lords, of whom I shall speak in the Chapter of Tryals.

11. Other uses are also made of him, and some other of the Assistants in Parlia∣ment; for when the Lords have any matter of importance to impart to the House of Commons, then the Lord Chief Justice with the other Chief Justice, or Lord Chief

Baron, or some other of the Judges (but always one of them, and no more) is joyn'd with him in delivering the same; but in matters of less importance, two Masters of Chancery are imployed (as will be shewn.)

12. When any Writs of Error, or Writs of Habeas Corpus, or Tryals of Peers, or when any Pleas of the Crown, or other cases Criminal, Civil, and sometimes Ec∣clesiastick, or indeed any matters of Law are to be heard and determin'd in Parlia∣ment; as also in the penning of new, and altering, explaining or repealing of former Statutes, their assistances are required, and more especially the Chief Justice.

13. The number of Assistants Sum∣mon'd by Writ to appear in Parliament, (Cum caeteris de Consilio) from the time of Henry the Third, to the 21. of Henry the Eighth, consisted of an uncertain number, sometimes above fourty, some∣times under; but from the 21 of Henry the Eighth, (from which time the extant Pawns do give an exact account of them) they never exceeded 27. and sometimes were not above 13. or 14. But in all Par∣liaments since Edw. the Firsts time, some of them were Summon'd, and very likely before; For Mr. Prin, (though in his Breviary of Parliament Writs, pag. 36. he

tells us of Twenty four Parliaments, (from the 49. of Hen. the Third, to the 49. of Edw. the Third) and many more which he saith he omits; of which Parliaments, he saith, there is no mention of Writs of Summons to any of the Kings Council, Justices, Officers, or others in the Rolls of these Parliaments; yet he kindly as∣cribes it to the negligence or slothfulness of Clerks, in omitting the entries of their Writs. This he saith, but he had done much better for his own justification and others satisfaction, (being intrusted by his Majesty with the Records of the Tower) if those Records which he cites, (both in his Breviary, and many others montion'd by him in Sir Robert Cottons Abridgment) now wanting, might have been restored by him to their ancient Re∣positories there.

14. As to the Lord Chief Justice, and the Assistants Places in the Lords House, none of them, as I have said, have their Places there by the Act of Precedency's, but rather by custom and favour; of which I shall speak more, when I come to the actual Sitting of the Parliament, as also of their Priviledges and Employ∣ments there.

15. As to the Officers which are under the Lord Chief Justice his Jurisdiction,

none of them are imployed about the Summoning of a Parliament, but many of them are imployed in other matters in time of Parliaments, as in cases of Errors, &c. but more chiefly upon Tryals of Peers, (when only the chief Clerk of the Crown in the Kings Bench is the principal Mana∣ger of them) as will be shewn.

16. Regularly no Officer or Court, either in Parliament or out of Parliament, have greater Power or Jurisdiction, or more publick affairs to manage; (except the Lord Chancellor in Chancery) and yet in some cases above it: For all appeals from the Chancery and other Courts, are determin'd in this Court, and no appeal from this Court, but to the High Court of Parliament, and all Records which are brought from other Courts into this, are never return'd back into those Courts from whence they were brought, and many others which might be instanc't.

17. To conclude, his Lordship, or the other Lord Chief Justice, or one of them, are constantly appointed to be Speaker of the House of Lords, Pro tempore, when the Lord Chancellor or Lord Keeper is absent, which is usually done by a par∣ticular Writ, which I shall enter amongst emergent Writs, Chap. 14.

Thus having said as much as I think con∣venient concerning this Exemplar, with some intermixtures of some of the Con∣similars, I proceed to give a short touch of each of the Consimilars more distinctly; and first of the Master of the Rolls.

Of the Consimilar Writ to the Master of the Rolls.

1. THE Office of Master of the Rolls is granted by Patent un∣der several Titles, viz. Clericus parvae Bugae & Custos Rotulorum & Magister Do∣mus Conversorum, and he Sits in the Rolls to hear Causes, &c. by vertue of a Com∣mission to that purpose.

2. But his Writ of Summons to a Par∣liament is directed as in this Pawn, viz. Harbotello Grimston Baronetto Magistro Ro∣tulorum Cancellariae suae, and then the remaining part of his Consimilar, as also the rest of the following Consimilar Writs, agree in the same words with the Exem∣plar to the Lord Chief Justice, as in Sect. the Eleventh.

3. This Magister Rotulorum, or Custos Rotulorum, or Clericus parvae bugae, is the same which we call in English Master of the Rolls, anciently call'd Clerk of the

Rolls; but from Henry the Sevenths time, when the Clergy did decline in their Tem∣poral Imployments, he was and is still call'd Master of the Rolls.

4. In the absence of the Lord Chancel∣lor or Lord Keeper, he Sits as Judge in the Chancery, and therefore by Sir Edward Coke is call'd his Assistant, and at other times he Sits as Judge of Causes in the Chappel of that House, which in Henry the Thirds time, was imployed as a place of Charity to such Jews as should turn to the Christian Religion; but those Jews be∣ing Banish't, Edward the Third did dis∣pose of it for the keeping of Records, and joined it to the Office of Custos Rotulo∣rum, and of the Pettibag, (which Office of Pettibag seems to be a lesser Bag or place of Records.)

5. So that he hath three Titles, viz. Clericus Pettibagae, or Clerk of the Pet∣tibag; (he being the chief of three Clerks more of that Office) Secondly, Magister Rotulorum, or Master of the Rolls, (or Clerk or Preserver of such Records as do at any time pass the Great Seal, and are sent to his Custody, either in the Office of the Rolls, called the Rolls Office, or to the Pettibag Office) where his under Clerks do attend on purpose to produce them as occasions require.

Thirdly, His third Title is Master of the Chancery, which Title is given to twelve Persons, of which twelve he is te chief.

5. Formerly, and even to this day, the greatest part of these Twelve were Con∣stituted of Doctors of the Civil Law; however Eleven of those are so constantly dispos'd of, as that some of them do Sit in the Lords House in time of Parlia∣ment, and at other times with the Lord Chancellor in the Court of Chancery up∣on hearing of Cases, others with the Master of the Rolls, when he Sits in the Chancery, or at the Rolls, where he hath a Jurisdiction to hear or determin Causes, yet appealable to the Lord Chancellor.

5. There are other Masters of Chan∣cery, call'd Extraordinary, and six Clerks of eminent Quality, and other Clerks im∣ployed both in the Chancery and Rolls; but these are not Summon'd to Parliaments, (of whom I shall speak more) but in in those capacities which I have mention'd, the Master of the Rolls, as Master of the Rolls, or chief Clerk of the Pettibag, or both, or chief Master of Chancery, or in all three Capacities, he is very Assist∣ing to a Parliament, especially in the bu∣siness of Summons, &c.

For as I have shewn in Cap. 2. whenever the Kings Warrant is sent to the Lord Chancellor to issue out Writs for a Parlia∣ment, his Lordship either sends it, or a like Warrant, to the Master of the Rolls, who as chief Clerk of the Pettibag caus∣eth the other Clerks of the Office to in∣gross all the Writs, (both for the House of Lords and House of Commons) so as they may be fit for the Great Seal; and these being thus done, and fairly abstracted and ingross't into a Roll, (which is call'd the Parliament Pawn, and lies there as a Memorial and Record of what they have done, and as a President for the future) all the particular Writs mention'd or in∣timated in that Pawn (being fitted) are carried to the Lord Chancellor; and be∣ing in his presence Seal'd, they are imme∣diately delivered to Messengers belonging to the Chancellor, who do take care to dispose some to the Persons to be Sum∣mon'd for the Lords House, and others to the respective Sheriffs of all Counties, and Comitated Cities, for Elections of such as are to sit in the House of Commons, and so the Master of the Rolls and the Clerks of the Pettibag having done all their parts, and the Messengers and Sheriffs theirs, the same Writs which concern the Lords House are or ought to be return'd to the

Clerk of the Lords House at the first Sit∣ting, and the Writs for Elections are to be return'd by the respective Sheriffs to the Clerk of the Chancery Crown Office, and not to the Pettibag, (as hath and will be shewn) for they come no more there till some time after Dissolution of a Parliament; and then for ease of that Office, and more safely preserving them, they are order'd to be carried to the Rolls, and from thence to the Tower, all which will be more fully shewn; which method I often repeat in this Treatise, because I find it so much neglected.

As to the Imployment of the other Eleven Masters of the Chancery in time of Parliament, I shall shew it in a distinct Chapter.

This Master of the Rolls doubtless hath been anciently Summon'd to Sit in the Lords House; yet I find no Writs issued to him till the 36th. of Henry the Eighth, and then as Master of the Rolls, not as chief Master of Chancery; and after that he was Summon'd to all Parliaments ex∣cept the 39th. of Eliz. and first of King James; and in this very Parliament a Writ was prepared for him, but being Elected a Member of the House of Commons, his attendance was not requir'd in the House of Lords, for what reason I know not;

but he hath his place whenever he Sits there, next to the Lord Chief Justice of England, upon the second Woolsack, as will be shewn in the Chapter of Places.

The Consimilar Writ to the Chief Justice of the Common-Pleas.

THE Patent which invests this Chief Justice to his Imployment in this Office, is in haec verba.—

Carolus, &c.

Omnibus ad quos Patentes Litterae nostrae pervenerint salutem

Sciatis quod Constituimus dilectum & fidelem Or∣landum Bridgman Militem Capital'Justi∣tiarium nostrum de Banco suo, Duran' bene placito

Teste, &c.

Observations.

HIS Writ of Summons to Sit in Par∣liament, is also Capitali Justitiario nostro de Banco, (mutato nomine, in all o∣ther words agreeing with the Exemplar) and here it may be again observed, to pre∣vent vulgar misunderstandings, That the Lord Chief Justice of England is Chief Justice of the Kings Bench or upper Bench, and this is Chief Justice of the Common

Bench; and sometimes one is call'd Chief Justice of the Pleas of the Crown, as in the Latin words, De placitis Coronae, and this Chief Justice of the Common-Pleas, or Communia Placita, yet in the Latin Writ it is de Banco; so as both Courts are call'd Bancks or Benches, and both call'd also Courts of Pleas, in respect of Pleas or Pleadings; one properly concerns the King in matters Criminal; the other con∣cerns the Pleas or Pleadings of the Com∣monalty or Common People among them∣selves in matters Civil, and one also is call'd the Upper Bench, the other the Common Bench, and therefore (what ever the Patent or Writs are, yet for an easier distinction) I here intitle one, the Chief Justice of the Kings Bench, the other Chief Justice of the Common-Pleas.

2. As for the names Bench or Banc, Pleas or Placita, I refer them to my An∣notations.

3. The Chief Justice hath three more Justices to assist him in this Court.

4. That which makes the eminency of this Court is, That only the learned Ser∣jeants of the Coife (of whom I shall speak in order, being the next Degree to Judges) do Plead in this Court, (yet not prohibited from Pleading in all other Courts) but all other Graduans of Law

have the liberty to Plead in all other Courts, but not in this.

5. The Pleas of this Court cannot be so well ascertain'd, as that of the Kings Bench, because the Pleas held by Common Persons, or between Subject and Subject, are devided into as many Branches as Actions, and the Actions into as many Causes as there are variety of Contests in the Kingdom; yet all these Actions, Causes and Contests, are included under three notions, Real, Personal, and Mixt, which are here tried as they happen according to the strict Rules of Law. As for Personal and Mixt Actions they are tried in other Courts, but Real Actions are only Plea∣dable here, nor are any Fines of Concord (which is observable) levied in any Court but this, so that (as Sir Edward Coke saith) the Motto of this Court may be, Haec est finalis Concordia.

6. Upon these and other considerati∣ons, the necessity of requiring Assistances from the Justices of this Court may ap∣pear: For as the Justices of the Kings Bench may acquaint the Lords with what con∣cerns the King; so the Justices of the Common Pleas may most properly acquaint them with what concerns the People, whereby Laws for either may be corrected, repeal'd, or made de novo, as shall be thought most expedient.

7. The Justices of this Court are not concern'd in the managing of any Sum∣mons to a Parliament, as the Lord Chan∣cellor and Master of the Rolls are.

Of the Consimilar Writ to the Chief Baron of the Exchequer.

THE Title of this is different from the two Chief Justices, for his Pat∣tent is thus.

Carolus, &c. Omnibus ad quos Patentes Litterae nostrae pervenerint Sciatis quod constituimus Matthaeum Hale Militem Capi∣talem Baronem Scaccarij nostri duran' bene placito Teste, &c. (Scaccarius being that which we call Exchequer.)

But his Writ of Summons to a Parlia∣ment is (with this addition, Dilecto & Fideli Matthaeo Hale, (then as in the Ex∣emplar Writ omitting Durante hene placito) and so in all the Assisting Writs, because the continuance of a Parliament (as I said) is but Durante Placito Regis, therefore needless to insert it.

Observations.

THIS Chief Baron hath four more Barons to assist him in his proper Court of the Exchequer, whereof the puisne, or youngest made Baron of the four, is not an Itinerant Justice, nor ac∣counted in the number of the Twelve Judges.

2. These Barons are not such as are be∣fore mention'd of the next Degree to Vis∣counts in the Lords House, nor such as are meerly Barons by Courtesy, or Ba∣rons of Court Barons, or Barons of the Cinqueports, (of whom I shall speak more, when I treat of them in the House of Commons) but are great Officers of Justice; and so his Writ calls him Baro Scaccarij, or Baron of an Officiate Place; but the Writ to the noble Baron before mention'd, is to an Hereditary Place, viz. Johan Nevil, Baro de Abergaveny, and so to others of that Degree.

3. Some think they were call'd Barons, because the Court of Exchequer was an∣ciently manag'd by noble Barons; but as Okham saith, that these Barons were to be Majores & Discretiores, &c. being either cull'd out of the Clergy or Laity, or the Kings Court; and for many ages, the

chief of these five Barons was call'd as now, (both in his Patent and Writ) Ca∣pitalis Baro, and generally is Intitled the Lord Chief Baron: the other four Barons do assist him in all matters between the King and his Subjects, in cases properly appertaining to Assize, Exchequer, or the Kings Revenue.

4. He is the chief Judge of that Court in matters of Law, as also of Informati∣ons of any abuses therein, and of Pleas upon them, and solely gives order for Judgment, (wherein the Lord Treasurer thinks not fit to concern himself.)

5. He alone without other Barons in Term time, Sits in Afternoons at Guild∣hall, upon Nisi prius, (upon cases which arise in London, and cannot be dispatch't in the Mornings) he takes Recognizances of Debt, Appearances, and Observances of Orders, he takes the Presentations of all Offices unto himself, and causeth an Oath to be given to the Lord Mayor of London. He takes Audits, Accounts, &c. in his absence, and sometimes to ease him, the second and third Baron hath the like power, and the fourth takes the Oath of Sheriffs; and as I said, the three first of the five have constantly their Writs of Summons to a Parliament, yet the fifth is also of good use in that Office, but

hath no Writ of Summons as the other.

6. That which is most observable of this Court is, that all Cases of great diffi∣culty in the Kings Bench or Common-Pleas, are still Adjourn'd to the Exchequer Cham∣ber, and there with the Barons Debated, Argued, and Resolved by all the Twelve Judges, (whereof the four first Barons make four of the Twelve.)

7. This Court consists of two parts, the upper Exchequer and the lower; the upper is that wherein these Barons do exe∣cute their Justice: but herein the Lord Treasurer, as Supervisor, may Sit as oft as he pleaseth, however once in every Term he seldom fails to Sit, and hear Matters; but the lower Exchequer is chiefly under the care of the Lord Treasurer, (the Offi∣ces of upper and lower being distinct) yet both of them (considered jointly un∣der the Title of the Exchequer) do in∣clude eight Courts or Offices, viz. A Court of Pleas; (in some manner like the Kings Bench and Common-Pleas) Secondly, The Court of Accounts; Thirdly, The Court of Receipts; Fourthly, The Court of the Exchequer Chamber; (being for the Assembly of all the Judges of Eng∣land (as I said) for Matters in Law for special Verdict; Fifthly, The Court of Exchequer Chamber, for Errors in the

Court of Exchequer; Sixthly, The Court of Exchequer Chamber, for Errors in the Court of Kings Bench; Seventhly, The Court of Equity, in the Exchequer Cham∣ber; Eighthly, That which was, but is not now call'd a Court, yet is an Office much of the same nature, (and of as great concern as some of the other) Inti∣tuled the Remembrancers Office of the first Fruits and Tenths, who takes all Compo∣sitions, and makes out all process for such as do not pay the same; so that the busi∣ness of this Court and inclusive Courts and Offices doth imploy above 200. Offi∣cers and Clerks.

8. From which may be computed what variety of business this Court doth afford to a Parliament, though not in the troubles of Summoning it, yet by bringing in and issuing out of Money, (which are the Nerves of a Kingdom, and Arteries of a Parliament) so as the Progresses of this (and the inclusive Courts) do occasion more Debates in Parliament, than what ever do arise from the Chancery, Rolls, Kings Bench, or Common-Pleas.

Having done with the first Orb or Rank of Degrees of such Professors of the Law as are Summond to Parliaments, consist∣ing of five, viz. Lord Chancellor, Lord Chief Justice of the Kings Bench, Master

of the Rolls, Lord Chief Justice of the Common Pleas, and Lord Chief Baron; I shall proceed to the second Orb or Rank of Degrees usually Summon'd; and these are three Justices of the Kings Bench, three Justices of the Common Pleas, and three Barons of the Exchequer, whose Writs are also Consimilary to that of the Lord Chief Justice of the Kings Bench.

The Consimilar Writ to the three Justices of the Kings Bench.

EACH of these Justices have their distinct Patents in these words.

1. Carolus, &c. Omnibus, &c. Sciatis quod constituimus, &c. Tho. Mallet Militem unum Justitiariorum suorum ad placita co∣ram, &c. Teste, &c.

2. His Parliament Writ hath also the same words in the Dative Case, Ʋni Justi∣tiariorum suorum.

3. Tho. Twisden Miles, had his Patent and Parliament Writ in the same words, Ʋnum & Ʋni.

4. Wodham Windham, had also his Pattent and Writ in the same words, Ʋnum & Ʋni.

Of the Consimilar Writs to the three Justices of the Common Pleas.

1. ROB. Hide Mil. had his Patent of Constituting him, Ʋnum Justicia∣rium suorum, and his Parliament Writ, Ʋni Justitiariorum.

2. Tho. Tyrrill Mil. had the like Pa∣tent of Constituting him, Ʋnum, and his Parliament Writ, Ʋni.

3. Samuel Brown Mil. had the like Patent of Constituting him, Ʋnum, and his Parliament Writ, Ʋni.

Of the Consimilar Writs to the three Barons of the Exchequer.

1. EDward Atkins Mil. had his Pa∣tent of Constituting him, Ʋnum Baronum de Scaccario, and in his Parlia∣ment Writ, Ʋni Baronum de Scaccario.

2. Christopher Turner Mil. had the like Patent of Constituting him, Ʋnum, and his Parliament Writ, Ʋni.

3. This place was vacant, so but eight of the nine Judges were Summon'd to this Parliament at the time of Summoning.

Observations.

1. ALL their Patents and Writs (ex∣cept the mutation of their Names and Titles) are verbatim the same, espe∣cially in the words, Ʋnum & Ʋni, viz. one of the Justices, signifying that they were all so equally presum'd to be just, that they are rendered to us rather by an Unity than a Priority, viz. by one and one, and not by 1st. 2d. 3d. and 4th. yet in the 30th. and 39th. of Eliz. and 1. Jacob. I find the word alter, next to Ca∣pitalis, & Ʋnus, in the Kings Bench and Common Pleas only, but in the Exchequer, in the 43. Eliz. next Capitalis Baro, is Se∣cundus & tertius Baro.

2. Of these fourteen which are of the first and second Rank of the Professors of the Law, two of them are properly Judges of matters of Equity, viz. the Lord Chancellor, and Master of the Rolls, the other Twelve are call'd the Twelve Judges of the Common-Law; the two Judges of Equity have been constantly Summon'd to Parliaments; (except as I have shewn) but as to the Twelve, some∣times all, and sometimes but some of them are Summon'd, according to the Kings Pleasure, or the vacancy of their

Places, or imployed in their Itinerances. I need not begin higher than Henry the 8. and then there were nine Summon'd, and the 30th. of Henry the Eighth, twelve; the 36th. of Henry the Eighth, but six; the first of Edward 6th. nine; the 6th. of Edward the Sixth, nine; the 7th. of Edw. 6th. but seven; the first of Mary, but eight; the first of Mary, but five; the first and second of Phil. and Mary, but 6. the second and third of Phil. and Mary, 8. the 4th. and 5th. of Phil. and Mary, but eight; the 28th. of Eliz. eleven; the 30th. Eliz. eleven; the 35th. Eliz. twelve; the 39. Eliz. eleven; the 43. Eliz. ten; the first of James, the full number of 12. (but in respect of the changing of them before the Parliament sate, there were two Writs made for the several Judges before the Parliament sate;) the 21. Jac. eleven; the first Car. primi, twelve; the 15th. Caroli primi, eleven; and the 13th. Caroli Secundi, also eleven; as I said, accounting the two Chief Justices and chief Barons in all these years.

3. In all these Writs, I do not so much trust to the several Pawns, as to the Writs themselves, where I doubt of any mistakes in the Clerks.

4. To conclude this Section; as in all the Judicial and Equitable Courts, (before mention'd) there are distinct Jurisdictions and methods of managing the concerns of their respective Courts; so in many things, there are also excellent intermixtures and concurring Authorities of their Courts and Powers, whereby they make up the Harmony of Justice, (as in cases of Con∣sult in the Chequer Chamber, Writs of Er∣ror, and other matters which I have hint∣ed) and whoever will take a full survey, not only of their Jurisdictions, but of the number of their Clerks, Attorneys, or other Officers of various Appellations, belonging to their respective Courts; may think that they are so many Principalities within our Kingdom, and thereby see how necessary it is for these Assistants (who have so great influence over the whole Kingdom) to be Summon'd to this Supream Judicatory, to Advise either the Corroborating the old Laws, or altering them or making new, where there is just occasion (as I have shewn) of Reviv∣ing, Correcting, or inlarging them, accord∣ing to the fluctuations of Affairs, which not only happens in this Kingdom, but in all other Kingdoms and States, so as Laws are still suited to the tempers and disposi∣tions of those who are to be govern'd; for

Tempora mutantur, & nos mutamur in illis, there being a secret confederacy between time and human affairs, which can scarce be discovered; the time was, is, and to come, being so nice, that the future reverts into a Prae-existence, that to an existence, and so into a circular perpetuity of notio∣nal gradations.

And thus having, as briefly as I could, dispatch't the first and second Orb of Pro∣fessors of Law; I proceed to the third, which consists of the Kings Serjeants at Law, the Kings Attorney General, his Solicitor General, and his Secretaries.

Of the Consimilar Writs to the Kings Serjeants, &c.

I Am now to treat of the third Orb or Degrees of the Professors of the Law, viz. the Kings Serjeants at Law, the Kings Attorney General, the Kings Solicitor General, and the Kings Secretaries, (and some others of the Kings Council upon emergent occasions.)

These Serjeants at Law in the Latin ap∣pelation are call'd, Servientes ad Legem, for Serjeant and Servant are the same,

only differing by a vulgar Pronunciation, or the Idiom of our Language, which of∣ten renders an A. for an E; for properly Servant ought to be writ Servient, from Servio to Serve, or from Servare to Keep, so as they may be said to be as well Keepers of the Laws, as Servients to the Law.

As these are Servientes ad Legem, so there are another sort, (of which I shall speak) who are Attendants in the Lords House, call'd Servientes ad Arma, but Ce∣dant Arma togae; therefore I proceed to Serjeants at Law.

The Gradations to this Title are thus attain'd, viz. After the young Students of the Law have continued Seven Years in the Inns of Courts, and have done their Moots, or Motus ad Literarum, and other exercises, they are called or admitted to plead at the Bar of any Court, (except the Common-Pleas) and are thereupon cal∣led Barresters, and thereby also gain the Title of Esquire. And after that, they are promoted to be Readers of Law in the Inns of Chancery, whereof there are eight, viz. Cliffords-Inn, Lions, Clements, Bar∣nards, Staple, Furnivals, Davis, and New-Inn, which are dependent on the four Inns of Court, viz. the Inner Temple, Gray's-Inn, Lincolns-Inn, and the Middle-Temple, in some one of which they are to

be Benchers and Readers also; and thus they are to pass seventeen Years in their Studies, before they can arrive to the dig∣nity of a Serjeant, or Serviens ad Le∣gem; but after they have perform'd their Readings, the King taking notice of their Proficiencies, doth by his Writ call a cer∣tain number of them to take upon them that Dignity; and the reason of making a number of ten or more (at one time) is because the charge to each may be the less, because almost no Dignity in any Profession (especially of Law) is usher'd in with greater State, Ceremony, and Charge than this Degree, as may be read in Fortiscue de legibus Angliae, Crooks Re∣ports, &c. The Form of which Writ for Electing of a Serjeant is in haec verba.

CArolus Secundus Dei gratia (as in other Writs)

Fideli nostro I. M. Mil. Salutem,

Quia de advisamento concilij nostri ordinavimus vos ad statum & gradum Servient' ad Legem immediate post recep∣tionem hujus Brevis nostri Suscipiend'Vobis Mandamus firmiter injungend'quod vos ad statum & gradum predict in forma predict Suscipiend'Ordinatis preparatis & hoc sub paena mille Librarum nullatenus omittatis,

Teste, &c.

Barker.

These Serjeants at Law are of two sorts, viz. Serjeants at Law considered in their General Appellation, and the Kings Serjeants at Law; that is, when the King selects some out of the rest, and appropri∣ates their Service to his occasions; (which he constantly doth at every Call) there∣upon they have two Writs, one at the ge∣neral Call of Serjeants, (which I have shewed) the other as a particular Serjeant (or Servant) to the King, the Form of which Writ also is as follows.

CArolus Secundus, &c. (as in other Writs)

omnibus ad quos, &c.

Sciatis quod nos de gratia nostra speciali, ex certa scientia & mero motu nostro constituimus di∣lectum & fidelem nostrum, J. M. servien∣tem ad legem, unum Servientem nostrorum ad legem, nec non concessimus eidem, J. M. Officium unius Servient' nostror, ad legem habendum occupandum & exercend'dict' officium nec non ad essendum unum' Servient' nostrorum ad legem quamdiu nobis placue∣rit, capiendum & percipiend anuatim in & pro officio illo exercend'eidem J. M. vad'fead'vestur' & regard'dict' officio debito sive pertinend'pro ut aliquis Servient' nostrorum ad legem pro hujus modi officio exercend'percepit, sive habere, & precipere debeat eo quod express a mentio

non fit, &c.

In cujus rei testimonium, &c. Teste, &c.

Per ipsum Regem. Barker.

And being thus made the Kings Serje∣ants by a distinct Writ, they are capaci∣tated to have a Writ of Summons to sit in the Lords House in Parliament, and though none sit this Parliament, yet Writs were provided for two of them, in this Form following, viz.

Carolus, &c. dilecto & fideli suo Jo∣hanni Glin Militi Servienti domino Regi ad legem Quia, &c. and so verbatim ac∣cording to the Exemplar before recited to the Lord Chief Justice.

The other was Johanni Maynard militi, who had the like Writ prepared for him.

Observations.

1. THESE Professors of Law are call'd Servientes ad Legem in all Writs, (which are generally Writ in La∣tin) but in English (as I said) they are

called Serjeants or Servants at Law, also Serjeant of the Coif, (from the white Coif which they wear uppermost at the Solemnization of their Order) but at o∣ther times under a black Cap, like the Twelve Judges, because having past this Order, they are then capable of being made one of the Twelve Judges, and to exercise the imployment of a Judge upon emergent occasions.

2. None of all the three Orbs of Pro∣fessors have a Writ for their Office and Imployment, but the Lord Chief Justice of the Kings Bench, (as I have shewn) and these Serjeants at Law. The diffe∣rence in the Writs are, that in the Writ to the Lord Chief Justice of the Kings Bench, (as to his Office) and so in the Patents to the other Justices, (as to their Offices) there is nothing but a Constituimus, with∣out any adjunct of Compliment, but in this Writ to the Serjeants at Law, it is Fideli nostro; yet in both of their Writs of Sum∣mons to a Parliament, they have equal words, viz. Dilecto & Fideli.

3. In the Writ of the Lord Chief Ju∣stice of the Kings Bench, there is no Ad∣vice of Council mention'd; but in the Writ to every Serjeant at Law, the words are as in Parliament Writs, Quia de ad∣visamento concilij nostri, and so in the

Mandatory part of it, Vobis Mandamus firmiter injungend', and then under the pe∣nalty of a 1000 l. to take upon them that Degree; and in their second Writ to be the Kings Serjeant at Law, they have Vadage, Feodage, Vesturage, & Regardage, of which I shall speak in my Annotations; yet I shall give this hint here, That the word Investitura is us'd only in the Patents of Creation of the Lords Temporal, and Vestura only us'd in the Patents to the Ser∣jeants at Law, and to no other Degree that sit in the Lords House as Peers, or Assistants.

4. That which makes this Degree more eminent is, that by virtue of the first Writ, (to be a Serjeant at Law in general) they continue their Title of Serjeant at Law, Durante vita; (though not exprest in the Writ) the other to be the Kings Serjeant at Law is equal with that Writ to the Lord Chief Justice of the Kings Bench, and to the other Eleven Ju∣stices, viz. Durante beneplacito; the 3d. Writ gives him an interest in Parliament.

5. It is to be noted, That all the twelve Judges before they can take upon them those Offices of Judges, are made Ser∣jeants at Law; so that though they quit those Offices of Judges, and thereby loose the dignity of their Office, yet the

dignity of their Serjeantship still remains during life.

6. It may be here pertinently observed, That though Writs were prepar'd and in∣roll'd in the Pettibag for these two Serje∣ants, yet whether the Writs were deli∣vered to them, I cannot inform my self, or whether the delivery was declined in respect both of them were chosen Bur∣gesses of the House of Commons, (where Sir John Glyn did sit during his lise, and Sir John Maynard during the continuance of this Parliament) or whether they were conniv'd at, as being more ueful in the House of Commons, (or to themselves) for being once admitted to sit in the Lords House, they might not Plead in other in∣ferior Courts, which had been much to their prejudice.

7. The Kings Attorney is placed in this Pawn before the two Serjeants, which was some mistake in the Clerks; and so I find the like misplacings of others in many other Pawns; and therefore in this my method, I pursue the order of all such o∣ther Solemnities as they usually attend, and of their precedent sitting in the House of Lords, (as will be shewn) and so place them here, as they are placed there.

8. As to the Antiquity and number of Serjeants which were formerly Summon∣ed

to Parliaments, it is manifest that more or less of them were Summond in most Parliaments of former Kings, viz. in the Reign of Edw. 3d. Rich. 2d. Hen. 5th. and Hen. 6th. (as appears in the Clause Rolls of those Parliaments) and more easily seen in Mr. Prinns Breviary, or in the Rolls Chappel; (for it were too great a diversion to recite them here) but those of latter days do appear thus in the Pettibag, viz. in the 21. Hen. 8th. there were three Summon'd; but in the 30th. none; in the 36th. of Hen. 8th. four; in the first of Edw. the 6th. three; in the 6. of Edw. 6th. four; in the 7th. of Edw. 6th. four; in the first of Mary, two; and also in the first of Mary, two; and in the first and se∣cond of Phil. and Mary, one; in the se∣cond and third of Philip and Mary, one; and in the 4th. and 5th. of Philip and Mary, two; in the 28th. of Eliz. two; in the 30th. of Eliz. one; in the 35th. of Eliz. three; in the 39th. of Eliz. one; in the first of Jacob. three; in the 21. of Jac. five; in the first Car. prim. four; in the 15. Car. 1. three; in the 13th. Car. 2d. the two before mentioned; for whom Writs were order'd, but not actually Sum∣mond, (as I have shewn.)

9. In the 39th. Eliz. the Writs to the three Serjeants are directed distinctly,

Ʋni, Ʋni, & Ʋni, but in all the rest, Ser∣vienti ad Legem, without the addition of Ʋni, nor do I find Ʋni added in any for∣mer Writs, before Henry the Eighth, but only this, viz. 4 Hen. 5th. Johanni Stran∣guayes, Ʋno Servienti Regis ad Legem.

10. And as a peculiar distinction, the Kings eldest Serjeants have the Priviledge to Plead in all Courts of Westminster with∣in the Bar, but only in the Common Pleas, (where no other Graduats of Law but themselves can Plead, as I have shewn) and there all the Serjeants stand without the Bar.

11. They are also sometimes Assistants to the Judges, and to the Lord Chancellor and Master of the Rolls, and many times in case of age or infirmness of the Judges, they do supply their places, both in the Courts of Westminster, and in their Itine∣rances and Circuits, Pro hac vice, and up∣on death of any of them, if the King think fitting, they are Constituted Judges in their Vacancies, and this by Com∣mission.

12. As to their places in Parliament, they are next the Judges, as shall be shewn in the local part of this Treatise, as also of their Imploymens, sedente Parliamento.

Thus having brought the Servientes ad Legem, to be Judices & Magistros legum,

I pass to the second Degree of the third Orb or Rank, viz. the Kings Attorney General.

The Consimilar Writ to the Kings At∣torney General.

THis appellation of Attorney is de∣riv'd from Tourne so call'd in Mag∣na Charta,* 4.1 which anciently was call'd the Sheriffs Moot, or view of Frankpledge, and to this day is call'd the Sheriffs Tourne from Turris, signifying a Tower or Castle where these Courts were kept, and where inquiry is made upon Oath of all things done contrary to the peace of the Coun∣trey, &c. as will be shewn when I come to the House of Commons, and then those who did practise to those ends in those and other Courts, were call'd Ad Tourny's or Attourny's; generally the word doth signifie a Person intrusted to manage other mens Concerns. And this being the most Eminent Trust in managing the Kings Concerns, his Duty, Care and Pains is the greater and more Eminent; he hath also his Patent, In haec verba.

CArolus Secundus, &c.

Omnibus ad quos, &c. Salutem.

Sciatis quod nos de fidelitate & Circumspectione dilecti & fidelis nostri, G. P. Mil. plurimum confiden∣tes ipsum G. F. Constituimus Ordinavi∣mus deputavimus & assignavimus nostrum Ge∣neralem Attornatum in omnibus curijs nostris de Record'in Regno nostro Angliae Haben∣dum & occupand'officium hujusmodi Gene∣ralis Attornat' nostri prefat' G. F. quam∣diu nobis placuerit percipiend'in & pro offi∣cio illo exercend'Vad'Feod'Profic' & Regard'eidem officio pretinend'sive consuet' Dedimus etiam ac tenore presentium damus prefat' G. F. plenam potestatem & autho∣ritatem faciend'ordinand'& deputand'ta∣les clericos & officiar' sub seipso in quolibet Cur' nostra quales aliquis alius officium illud proantea habens nomine occupans habuit fecit ordinavit seu deputavit aut facere ordinare seu deputare consuevit eo quod expressa men∣tio, &c.

In cujus rei, &c, Teste, &c.

And he hath his Writ of Summons to a Parliament also, In haec verba, Carolus, &c. Dilecto & fideli Galfrido (which we in English call Jeffery). Palmer Militi, Attornato suo generali salutem, and so ver∣batim according to the Exemplar.

Observations.

1. THat which makes this Assistant the more eminent and remark∣able is, That as there is but one Lord Chancellor or Keeper, one Lord Chief Justice of the Kings Bench, one Master of the Rolls, one Chief Justice of the Com∣mon Pleas, and one chief Baron of the Exchequer; so there is but one Attorney General: and though those five have Judges and Masters of Chancery to assist them; this hath no proper Officer un∣der him, yet hath power to depute Clerks and other Officers to assist him, and is Singulus in omnibus & omnis in singulis.

2. Neither these nor any of the Assi∣stants to the Lords House before named, have the priviledge of making Proxies either before or in time of Parliament; yet I remember something Equivalent in in the case of Valentine Elliot, &c. when upon a Writ of Error brought into the Lords House, for reversing of a Judgment given in the Kings Bench against the said Elliot, Sir Jeffrey Palmer being then At∣torney General, and indispos'd in his health, and thereby finding himself unfit to manage that Case, Mr. North, then a young Professor of the Law, was permit∣ted

to appear for the Attorney General, and Plead the Case: only here was the difference, had Mr. Attorney been there in Person, he had stood within the Bar and Pleaded; but Mr North Pleaded with∣out the Bar, which he manag'd with so much Law, Eloquence, and Dexterity, that his Abilities being known, (by usual Degrees in few years) he was advanc't to his present Station of Chief Justice of the Common-Pleas.

3. This Title of Attorney General be∣gan in Eward the Firsts time, but I can∣not be positive when they had their first Writs of Summons; but in the 21.30. and 39. of Hen. 8. he had a Writ, and so the 1.6.7. Edw. the 6. also the 1. and 1. of Mary, and 2.3.4. and 5. Phil. and Mary, (and in those two last Writs he is term'd, At∣tornat' Dominorum Regis & Reginae Gene∣ral') and then in the 28.30.39. and 43. Eliz. Attornato Generali; and so also the 1. and 21. of King James; also the 1. and 15. Carol. primi; and now 13. Caroli Se∣cundi, Sir Geffrey Palmer, Attornato, and after him none did sit in the House of Lords during this Parliament, except Sir William Jones Knt. the Attorneys intervening those two, being still chosen in the House of Commons, as will be shewn.

Of the Consimilar Writ to the Kings Solicitor General.

THe words Attornatus & Solicitator are us'd in the Civil Laws,* 5.1 as here at the Common Law, for such as do take care to manage or tend other mens Affairs, and there is but one of that Profession (as is before shewn of the Attorney Ge∣neral) but because the Title should be di∣stinguish't from the common sort of such Practisers, as the Kings Attorney hath his Patent and Writ from the King, so hath this, thereupon call'd the Kings Solicitor General, his Patent is, In haec verba.

CArolus Secundus, &c.

Omnibus ad quos, &c. salutem.

Sciatis quod nos de gratia nostra speciali ac ex certa scientia & mero motu nostris ordinavimus fecimus & constituimus dilectum & fidelem nostrum, H. F. Mil. Solicitatorem nostrum Genera∣lem ac ipsum, H. F. Solicitatorem Genera∣lem nostrum per presentes ordinavimus fe∣cimus & constituimus Habendum gaudend occupand & exercend officium illud quamdiu nobis placuerit Percipiend annuatim eidem, H. F. pro occupatione & exercic' officij pre∣dicti tal'& tant' Vad. Feod. Profic' & com∣moditat'

qual'& quanta dicto officio debito sive pertinend prout aliquis alius sive aliqui alij officium predict' proantea habens sive occupans habuit vel percepit habuerunt sive preceperunt in & pro exercitio ejusdem officij eo quod expressa mentio, &c.

In Cujus rei, &c. Teste, &c.

Observations.

THough this Imployment was granted by Patent in Edward the Fourths time, yet for want of time I shall also be∣gin his Writ of Summons, the 21. of Henry the Eight; and then Edward Grif∣fin being Attorney General, Gosnold was Solicitor, and the Writ was, Hen. Rex, &c. Dilecto & fideli suo Johanni Gosnold Soli∣citatori suo Salutem Quia, and so verba∣tim according to the Exemplar; in the 36 Hen. 8. William Whorwood was Attor∣ney General, and Henry Bradshaw Solici∣tor, and had his Writ the first of Edw. the Sixth, Bradshaw was made Attorney Ge∣neral, and Edward Griffin Solicitor, and had his Writ; and the 6. of Edw. 6. Grif∣fith was made Attorney, and Jo. Gosnold Solicitor, and had his Writ, and both con∣tinued so till the first of Mary; and then William Cordel, in the room of Gosnold

was made Solicitor, and had his Writ, also in another Parliament of that year both had their Writs; in the 1. and 2, 3, and 4. of Phil. and Mary, and in the 4. and 5. Phil. and Mary, Griffith being Attorney General, Rich. Weston (afterwards Lord Treasurer) was made Solicitor, Domino∣rum Regis & Reginae, and had his Writ; in the 38. of Eliz. Jo. Popham, afterwards Lord Chief Justice, was Attorney, and Thomas Egerton (afterwards Lord Chan∣cellor) was Solicitor, and had his Writ, and so they continued to the 39. Eliz. and then Edw. Coke (after one of the Justices of the Common-Pleas) was made Attor∣ney, and Tho. Flemins Solicitor, and had his Writ; and in the 43. Sir Edw. Coke was put back to be Solicitor, and had his Writ; and Thomas Egerton was Attorney; and in the first of James, Edw. Coke (then Knighted) was again made Attorney Ge∣neral, and Tho. Flemins (then Knighted also) again made Solicitor, and had his Writ; and in the 21 Jacobi, Thomas Co∣ventry Miles (after Lord Keeper) was made Attorney, and Robert Heath Knt. Solicitor, (after Chief Justice) and had his Writ; and both had Writs again the first Car. primi; and the 15th. Jo. Banks Knt. was made Attorney, and Edward Harbert Solicitor, and had his Writ.

But at the Summoning of this Parlia∣ment, no Writ was sent to Sir Heneage Finch then the Kings Solicitor, being cho∣sen for the House of Commons, and being after made Attorney General, still he con∣tinued in the House of Commons, till he was made Lord Keeper, and then he was remov'd to the Lords House by Writ, as Lord Keeper; and so Sir Francis North (being the Kings Solicitor) did sit in the House of Commons this Parliament, and was not removed thence till he was made Chief Justice of the Common-Pleas; so that during this Parliament, none (whilst actually the Kings Solicitors) were Sum∣mon'd or did sit in the Lords House; yet I thought fit to insert this Degree here, (though he be not mention'd in this Pawn) because there are so many Precedents of his Summons, as are before recited in former Kings Reigns.

Of the Consimilar Writ to the Kings Principal Secretaries.

THis Officer of State and Assistant is plac't the last in most of the Pawns,* 6.1 and brings up the Rear of all the foremen∣tioned Assistants; which posture is a place of great Honour, both in Civil Solemni∣ties

and Martial Imployments; and that it may so appear, in the aforesaid Act of the 31. of Hen. the Eighth, none of the other Assistants before recited (except the Lord Chancellor) are so much as mention'd therein, (their precedencies being known in their own Courts from a greater anti∣quity) but the Secretaries Place is fix't by that Act, viz. if he be under the Degree of a Noble Baron, yet it is above all the Assistants and next the Lord Chancellor; if he be of the Degree of a Baron, then above all Barons, or if an Earl, (as in the case of the Lord Arlington) then above all of that Degree, unless any of the Su∣perior Officers of State be of that Degree, and then next to him and above the rest.

He hath his Office as Secretary not by Patent, but by delivery of the Privy Signet to him; and so if there be more than one, (as now there are two) each considered as Principal, hath also a Privy Signet de∣livered to him.

His Parliament Writ in this Pawn was thus,

Carolus, &c. Dilecto & fideli Edwardo Nicolas Militi uno primariorum Secretario∣rum suorum salutem Quia, &c. and so ver∣batim according to the last mention'd Ex∣emplar, as an Assistant, and the Title in the Label is like the Title of his Writ.

Observations.

1. THis Writ agrees with all the former, except in the word Ʋni, and so if there be more; (as I have shewn in the Writ to the Judges) yet commonly in Su∣perscriptions, he that is made Chief is Stil∣ed Principal without the word one; and the other One of the Principal Secretaries of State.

2. The word Capitalis is us'd in the Writs to the two Chief Justices and Chief Baron; but to the chief Secretary the word Principali is us'd, not only signify∣ing the Capital, First, or Chief, but in∣timating his more immediate Imployment on his Prince, for Principali is properly from Principe.

3. If there be more Secretaries than one, (as there are seldom less than two) they divide their negotiations into the Title of Provinces, both in relation to this Kingdom, or Foreign Kingdoms or States; and so each of them give an account to the King accordingly, and they have an Office appertaining to them, call'd the Signet Office,* 6.2 where they have four Clerks as their Substitutes to perform their Directi∣ons, for all Dispatches both Foreign and Domestick, and generally they are of his Majesties Privy-Council.

4. Their Imployments in Parliament are either in the House of Lords or House of Commons, according as they are Sum∣mon'd to one, or Elected to the other, and as the King thinks them in either place most useful for his occasions.

5. I need not go back to find the Anti∣quity of their Summons, for it may be presum'd to be ancient from the Eminency and nature of their Imployments; so it may suffice only to instance here, that in the 36 Hen. 8. William Packet Mil. had his Writ, Secretario suo,* 6.3 and at the same Par∣liament, William Petre Mil. had his Writ, Secretario suo, without other addition; in the first of Edw. the Sixth, William Pe∣tre Mil. had his Writ only Secretario suo; but in the 6. of Edw. the 6th. the Title al∣ter'd, viz. Willielmo Petro Mil.* 6.4 Ʋni pri∣mariorum Secretariorum suorum; and to Willielmo Cecil alt' primariorum Secreta∣riorum,* 6.5 and Jo. Cheke Mil. alt' primario∣rum Secretariorum, (so here were three Secretaries Summon'd to this Parliament) and the same three were Summon'd in the 7th. of Edw. 6. and in the first of Mary, and 1st. of Mary, the same Petre was Summon'd, Ʋn' Primariorum Secre∣tariorum Domini Regis, and Jo. Bourne Militi alt' Primariorum Secretariorum Do∣mini Regis; and so the 1st. and 2d. and 2d.

and 3d. of Philip and Mary, the same Petre and Brown had Writs by the words, Ʋni & alteri primariorum Secretariorum Domini Regis; the 4th. and 5th. Phil. and Mary, Writs were to Jo. Broxal, Ʋni pri∣mariorum Secretariorum Regis & Reginae; the like to the said Jo. Bourne, Militi alt' primariorum, &c.* 6.6 the 25th. Eliz. Fran∣cisco Walsingham, Militi Principali Secre∣tariorum suorum, and no other Secretary; the 30th. Eliz. Consiliario suo Roberto Cicil Militi Primario Secretario,* 6.7 and no other; the 35th. Eliz. to the same Francisco Wal∣singham, Militi principali, &c. and no o∣ther; the 39th. Eliz. Consiliario Roberto Cicil Primario, and no other; 43. Eliz. none Summon'd; the 1 Jacobi, Johanni Herbert Militi vni Primariorum; and no other; 21 Jacobi, Georgio Calvert, Militi vni Primariorum, & Edwardo Conway, Mi∣liti vni Primariorum; the 1 Car. primi, Olivero Vicecomiti Grandison vni Primario∣rum Secretariorum, & Johanni Cooke, Mi∣liti vn' Primariorum, &c. 15 Caroli primi, Francisco Windibanck vni Primariorum, & Henr. Vane, Militi uni Primariorum; and so in this 13 Car. 2di. the Writ was Ed∣wardo Nicolas, Militi, uni Primariorum Se∣cretariorum suorum; and no other Secre∣tary was Summon'd during this Parlia∣ment, the rest being Elected, and accord∣ingly

did sit in the House of Commons, except the Lord Arlington, who sat as Earl and Secretary in the Lords House; and though the word Primario is more generally used in Writs, yet in Superscrip∣tions, &c. the word Principal is altogether used, as more agreeable (I conceive) to the Idiom of our Language.

6. The dignity of this Office is shewn in their Summons and Place in the Lords House according to the Act of Precedency; but I must say something more of the antiquity of the Office, and of the nature of such are imployed in it.

If he be taken for a Scribe, because they write the Kings literal Dispatches; it had the same esteem among the Hebrews that the Magi had with the Chaldeans, and the Quindecemviri among the Romans, (which latter were the Expounders of the Secrets of Sybills Oracles) These Scribes were usually selected out of the Cler∣gy, and not out of the Laity, so that such as were used out of the Laicks were call'd Notarij, and not Scribes; and such as were us'd by the Clergy were call'd Clerks from Cleros, because the Clergy by reason of their learning did for the most part Guide both Secular and Spiritual Affairs; but the word Secretary (in which Office the Clergy in former times were more com∣monly

imployed than Laymen) doth im∣port something of another nature, being derived from Secretum, and that from Cre∣tum the Supine of Cerno, to see or discern; so by adding Se to Cretum, it makes Secre∣tum, and renders the Person imployed in that Office to be one who knows Se (id est) himself, and can also Judiciously discern and judge of other mens matters, and yet reserve the Determination or Execution of them in his own breast; and for this te∣nacity of mind, he is properly call'd a Se∣cretary, and the Kings Secretary, or Se∣cretary of State, as a preserver of the Secrets of the King and Kingdom for pub∣lick and private use, till just occasion re∣quire their impartments to others; and indeed considering the perpetual Designs of Princes towards each other, and the Discontents and Seditious Humors which are in every Kingdom; there is no quality more requisite to a Minister of State, than a secret and reserved mind, and more particularly to this Officer, his very Title intimating his Duty, in which he ought to be master of three Properties;* 6.8 a Prudent Dispatch, Exquisite Intelligence, and Se∣crecy in all; for by these (especially the last) all Minings and underminings are still disappointed by the rules of Politick Secrecy; by which Art, Kingdoms are

kept in quiet, by quenching fires before they flame; and because this requires not only a great skill but as great a vigilancy, which few are capable to perform; Boca∣lini tells us in his pleasant Chapter of re∣forming the World, that to ease it of this indifatigable trouble, without using so many Meanders; Apollo resolved to make a Window in every mans breast, so as at first view, each man might see the thoughts and intentions of each other, and there∣by prevent the prejudices which daily a∣rise for want thereof; but before Apollo did execute his Resolves, he caus'd the Wise Men of Greece with some others of the Literati to be Summon'd, and to give their Opinions therein, where Thales was the first that press't for it with such Arguments, that Apollo was almost con∣firm'd; but at last he was disswaded by many other Lawyers, Poets, Physicians and Theologicks by more convincing Ar∣guments, shewing that nothing caus'd a greater reverence to those and other Pro∣fessions, than the mysteries which were con∣tain'd in them, which would make them contemptible, if they should be seen or known by every vulgar Eye, whereupon the Windows were not made.

7. Now the same reasons which were us'd against making these Windows in the

Bodies of Men, may serve to oppose the Windows too often made in the Bodies of such Councils or Parliaments as are to sup∣port a Kingdom, where every Member or Counsellor indeed should be a Secretary of State; because the publishing of Consul∣tations commonly meets with Seditious Tempers, who think nothing is well done but what is done by themselves, looking meerly on the Fact and Success, not on the Deliberations, Grounds and debated Rea∣sons of that Fact; for it is not the event which makes the reason of managing that Fact to be the less Reason; for let the event be good or bad, the reason is still the same; if the Reason be good and solid, yet the Event bad, it may be said, that it meets with an ill constellation; but if the Rea∣son be bad and the Event as ill, the disco∣very of these do still raise a worse con∣stellation; and if the Reason be bad and the Event good, (if the bad Reason be kept secret) the glory of the Event would quickly drown the censure of the bad Rea∣son, and make the Counsellors stand fair; but if divulged, they are sure not only to lose the credit of the Event, but double the disrepute, if both be bad.

Herein some men are naturally of a more reserved temper than others; how∣ever those are only fit to be Counsellors

and Secretaries of State, who have no Windows in their Breast; that is, no such transparent Eyes, as men may easily see their disposures of Affairs, but can wisely keep the Secrets of State from other mens Inspections: and in Parliaments I con∣ceive such Tempers are very useful, for if the People Trust them, they do well in performing their Trust; but appealing a∣gain to the People, shews a diffidence in their own Judgments.

Thus having shewn the Kings Warrant in the Front, and the Secretaries Writ in the Rear, and fix't the Noble Lords be∣twixt those who manage the Laws Divine, and those who are Assistants in Human Laws, and run through the most constant Writs which are us'd for Summoning such as are to fit in a Parliament, either as Es∣sential, or Assisting Members thereof; I should now proceed to the House of Com∣mons, but I shall crave leave; First, To speak of some accidentall Writs for Assi∣stants; Secondly, Of the manner of re∣turn of all the aforesaid Writs; Thirdly, Of such as sit there without Writ or Pa∣tent; Fourthly, Of such as sit there only by Patent; and Fifthly, Of some other Officers who are imployed there by vertue of Patents.

Notes

• * 4.1

  SECT. 17
• * 5.1

  SECT. 18
• * 6.1

  SECT. 19
• * 6.2

  Signet.
• * 6.3

  Secretario.
• * 6.4

  Uni.
• * 6.5

  Alteri.
• * 6.6

  Princi∣pali.
• * 6.7

  Primario.
• * 6.8

  Lord Veru∣lam.