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.

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.