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. XIV. Of Consimilar Writs and Patents upon Emergent occasions.

1. I Find in Mr. Prins Breviary, That he cites many Records long before Henry the Eighth; (which I shall not examine, because some of them have been so long disus'd) Of Knights, Justices of North Wales, Treasurer of Carnarvan, Treasurer of the Kings House, Chancellor of the Exchequer, Deans, Archdeacons, Escheators, (and one Magister Thomas Yong, which he takes to be a Master of Chancery) that have been Summon'd by Writ to sit in Parliaments in the Lords House;) but since Henry the Eighth in the Pettibag, several Writs of Assistants were issued, as I have shewn in the 11th. Chap. Sect. 9. to shew the Kings Power, some of which were Professors of the Law, and some not.

2. There was another Writ, viz. to the Warden of the Cinqueports; (which was not constant, but occasional) for sometimes it was directed to an Earl, and sometimes to some one Person under the Degree of a Baron; yet by vertue of the Writ, he was

impowr'd to sit in the Lords House; but since Henry the Fourths time, when that Office was supplied by the Prince of Wales, (after called Henry the Fifth) who had a Writ with the addition of Guardian' Quinque Portuum) that Trust hath been committed to some one of the Blood Royal, and from that Writ other Writs are derived to all the Cinqueports.

But in respect this Writ (as to a Par∣liament) is mostly concern'd about E∣lection of 16. Members to serve in the House of Commons; I shall refer the Dis∣course of it to the second part, in that Chapter which particularly treats of the Cinqueports.

3. If at any time the Lord Chancellor or Lord Keeper be absent upon just occasion, as when the Lord Keeper Bridgman in this Parliament was Sick; a Patent was made for Sir John Vaughan, then Lord Chief Justice of the Common Pleas, to supply his place, and the like to Sir Francis North, Chief Justice of the Common Pleas also, &c. and though for the most part this happens in time of Parliament; yet, because it may happen between the time of Sum∣mons and the Sitting of a Parliament, (which is the chief design of this part of this Treatise) I have thought fit to enter

the form of that Patent in this place, ra∣ther than defer it, viz.

CHARLES, &c.

To Our Right Trusty and Welbeloved, Sir Francis North Knt. Chief Justice of Our Court of Com∣mon Pleas, Greeting;

Whereas Our Right Trusty and Welboved Councellor, Heneage Lord Finch,Our Lord High Chancellor of England, is often so infirm, that he is not able constantly to attend in the upper House of this Our present Parliament now holden at Westminster, nor there to supply the room and place in the said upper House, amongst the Lords Spiritual and Temporal there Assembled, as to the Office of the Lord Chancellor of England hath been accustom∣ed: We minding the same place and room to be supplied in all things as appertain∣eth for and during every time of his absence, have named and appointed you: And by these Presents do Name, Constitute, and Appoint and Authorize you, from day to day, and from time to time, when and so often as the said Lord Chancellor shall hap∣pen at any time or times during this present Parliament to be absent from his accustomed place in the said upper House, to Occupy, Ʋse and Supply the said room and place of the said Lord Chancellor, in the said upper House, amongst the Lords Spiritual

and Temporal there Assembled, at every such day and time of his absence, and then and there at every such time to do and exe∣cute all such things as the said Lord Chan∣cellor of England should or might do, if if he were there personally present, Ʋsing and Supplying the same room; Wherefore, We Will and Command you the said Sir Francis North to attend to the doing and execution of the premisses with Effect: and these Our Letters Patents shall be your suffi∣cient Warrant and Discharge for the same in every respect.

In Witness whereof, We have caused these Our Letters to be made Patents, Witness our Self at Westminster the Nineteenth day of March, in the Nine and twentieth Year of our Reign.

Per ipsum Regem propria manu Signat.

And having now dispatch't all the Writs and Patents which concern the Summon∣ing of such as sit in the Lords House, it is proper to shew the manner of returning of those Writs, which is usual in all Courts, and ought to be strictly observed here.