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.

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,* 1.1 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.

Notes

• * 1.1

  SECT. 17