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 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.