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 CONSTITUTION OF PARLIAMENTS.

CHAP. I.

The King's Warrant to the Lord Chan∣cellor for Summoning the Parliament begun the 8th of May, 1661.

CHARLES the Second, by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, &c.

To Our right Trusty and well beloved Counsellor, Sir Edward Hide, Knight, Chancellour of England, Greeting;

Whereas We by our Council for certain great and urgent Cau∣ses, concerning Ʋs, the good Estate and Com∣mon-wealth of this our Realm, and of the Church of England, and for the good Order and Continuance of the same, have

appointed and ordain'd a Parliament to be holden at our City of Westminster the eighth day of May next ensuing; In which Case divers and sundry Writs are to be directed forth under our Great Seal of England, as well for the Nobility of this our Realm, as also for the Election of Knights, Citizens and Burgesses of the several Counties, Cities, and Burrough Towns of the same, to be present at the said Parliament at the Day and Place aforesaid. Wherefore We Will and Com∣mand you forthwith upon receipt hereof, and by Warrant of the same, to cause such, and so many Writs to be made and sealed under our great Seal, for accomplishment of the same, as in like Cases have been heretofore used and accustomed. And this Bill signed with our Hand shall be as well to you as to every Clerk or Clerks as shall make or pass the same, a sufficient Warrant in that behalf.

Given at Our Palace at White-hall this Eighteenth Day of February, in the Twelfth Year of Our Reign, and in the Year of our Lord One Thousand Six Hun∣dred Sixty and One.

Observations and Proceedings on this Warrant.

[ I] THe King of England by his un∣doubted Prerogative hath (and his Predecessors ever had) in himself the Power of Summoning (as also to appoint the times of beginning, continuing, dis∣continuing, or dissolving) of Parlia∣ments.

[ II] This Summoning (for I shall speak of the rest in order) or Uniting the chiefest Parts of his Kingdom into a Parliament, (or Representation of the Kingdom in a less Body than it self) is performed by the King's Warrant, in his Name, and by his Authority only, as Supreme, not only of his Kingdom, but of its Repre∣sentation; and from this Warrant all Writs of Summons for a Parliament are deriv'd.

[ III] The Warrant is in English, Sign'd by the King's own Hand, and Seal'd with his Privy Seal, or Signet; but the Writs are always in Latin (or anciently some few in French) and are Seal'd with the King's Great Seal in his Name, with a Teste of his Approbation (though not manually Sign'd or Seal'd by him.)

[ IV] The Warrant is General, viz. for sum∣moning the Nobility, as also for Elections of Knights, Citizens, and Burgesses, but the Writs deriv'd from those War∣rants are to particular persons, of parti∣cular degrees (as will be shewn.)

[ V] The Form of this Warrant is ancient, and hath had little or no variation (ex∣cept in the leaving out of Abbots and Priors) ever since the 36 of Henry the 8th, and except in leaving out Prelates and Bishops in this very Warrant, where∣by the Bishops had no particular Writs, before the sitting of this Parliament, but within three Months after, for which Omission Reasons will be given in the 7th Chapter.

[ VI] Before this Warrant was issued, the King (and so former Kings) did advise with their Privy Council (which is ma∣nifested by the Words of the Warrant, viz. Whereas We, by our Council) yet if these words had been omitted at any time, and not inserted in the Warrant, the Warrant was held good and sufficient for due Summons.

[ VII] However, (for publick satisfaction) the words of every Writ are always (Quia de advizamento & assensu Concilij nostri) and this Council is call'd the King's Privy, or Private Council, (of

which I shall speak more) and is the King's constant or standing Council, as well in time of Parliament as when there is none sitting: so as before this Mag∣num Concilium, or Parliament, is sum∣mon'd, this Privy Council consults and deliberates concerning the Motives and Reasons for calling it, and after such de∣liberations and results, doth advise the King to send out a Warrant.

And therefore I conceive it useful to set down the Names of such as were of the King's Privy Council, when the cal∣ling of this Parliament was advis'd and resolv'd upon.

At the Court of White-hall, Feb. 1660/1. The KING Present.

• His Royal Highness the Duke of York.
• His Highness Prince Rupert.
• William, Lord Arch-Bishop of Canter∣bury, (Juxon.)
• Edward, Earl of Clarendon, Lord Chan∣cellor of England, (Hide)
• Thomas, Earl of Southampton, Lord Trea∣surer of England, (Wriothesley.)
• John, Lord Roberts, Lord Privy-Seal, (Baron of Truro.)

• John, Duke of Latherdale, (Maitland,) Earl of Guilford.
• James, Duke of Ormond, Lord Steward of the King's House, (Butler.)
• George, Duke of Albemarle, (Monk.)
• Henry, Marquess of Dorchester, (Pierpoint.)
• Montague, Earl of Lindsey, Lord great Camberlain, (Bertie.)
• Edward, Earl of Manchester, the King's Chamberlain, (Montague.)
• Aldjernoone, Earl of Northumberland, (Piercy.)
• Robert, Earl of Leicester, (Sydny.)
• Charles, Earl of Berkshire, (Howard.)
• Thomas, Earl of Cleveland, (Wentworth.)
• George, Earl of Norwich, (Goring.)
• Henry, Earl of St. Albans, (Jermin.)
• Edward, Earl of Sandwich, (Montague.)
• Arthur, Earl of Anglesey, (Annesly.)
• Charles, Earl of Carlile, (Howard.)
• William, Viscount Say and Seal, (Fiennes.)
• Francis, Lord Seymour, (Baron of Trou∣bridge.)
• Frederick, Lord Cornwallis, (Baron of Ai.)
• Anthony, Lord Ashley, (Cooper.)
• Charles Berkley, Knight and Baronet.
• Sir George Carteret, Knight, Vice-Cham∣berlain.
• Sir Edw. Nicholas, Knights, Secretaries of State.
• Sir Will. Morrice, Knights, Secretaries of State.

After the Warrant is sign'd and seal'd by the King, it is sent from the Signet-Office to the Lord Chancellor, or Lord Keeper, and Directions are given to the Heralds, to make Proclamation (at the Court-gate, and Capital City of London,) of the King's Resolutions (of which I shall speak more in the Chapter of Pro∣clamations.)

The Lord Chancellor, &c. upon the receipt of this Warrant, doth issue out his Warrant also to the Master of the Rolls, as the chief Clerk of the Pettibag-Office, in this Form:

YOu are hereby requir'd forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Temporal; As also for the Judges and others to appear at the Parlia∣ment, to be holden the 8th of May next, together with the several Writs of Ele∣ction of the several Knights, Citizens, and Burgesses of the several Counties, Cities, Towns, and Burroughs within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, as also of the several Barons of the Cinque-Ports to serve in the said Parlia∣ment, in such Method and Form, and directed to such persons as are and have

been usual in such Cases, all which said Writs are to bear date this present eigh∣teenth of February, 1661. and for the so doing, this shall be your Warrant. Dated, &c.

Upon receipt of the Lord Chancellor's Warrant, the Clerks of the Pettibag, by the assistance of the former Precedents of Writs (and anciently by help of the Masters of Chancery) and by advice with the Heralds (as to Titles and true Names of Persons) do fix a Schedule, or digest, or Forms of Writs to be issued.

Which Schedule, or digest, they keep fairly ingrost in Parchment, as a Record in this Office, and this Record is then entituled the Parliament Pawn, and hath no other Name, which is, as they say, the awarding of several Writs for a Par∣liament. And this methodical Record is very ancient, (as may be collected, by comparing this with those which remain in the Pettibag.) And with the like En∣dorsments are the Clause Rolls in the Tower; but there are no more Pawns at present in this Office, than from the 21 of Hen. 8. to this of the 31 of Car. 2. making twenty in all.

Formerly these Pawns, (or Records) some time after the dissolution of every

Parliament (as will be shewn) were car∣ried to the Inrolment Office, and then among many other Parliamentary Matters (of weighty concern) transcrib'd into Parch∣ment Rolls, and from thence (for more safe∣ty) carried to the Tower of London, where they lost the name of Pawns, and were and are still call'd Parliament Clause (or Close) Rolls: which I mention because I shall have often occasion in this Treatise to recite such Clause-Rolls, wherein the Pawns were for the most part inserted or en∣dors'd. And in respect I do not find that any who have writ before me of Parlia∣ments, have taken notice of those Parlia∣ment Pawns, (although they are Recorded and kept in the Pettibag, an ancient Office of Record) I have cull'd out one of the twen∣ty, and made it the foundation of the whole Scheme of this Treatise.

That there are no more Parliament Pawns in the Pettibag, than (as I said) from the 21. of Hen. the 8th. to the 13. Car. 2d. this reason may be given, that when they were again Enroll'd and trans∣mitted to the Tower, or Rolls Chappel, it might be thought needless to preserve them, in respect that from Ed. the 2.d. to Ed. the 4.th. Inclusive, they are safely kept inroll'd among the Records in the Tower, and from Ed. the 4th. to the 21 of Hen.

the 8. Exclusive, they are kept safe amongst the Records in the Rolls Chappel, and from the 21 of Hen. the 8th. to the 13 Car. 2d. they are preserved amongst the Records in the Pettibag Office, and of these which remain in the Pettibag, that of the 31 of Hen. the 8th. is much defaced and inter∣lin'd, but that of the 21 and all the rest from the 36 Hen. 8. are farely ingrost and Legible, and Tyed up in one great Bundle, the last of which made up for this Parlia∣ment of 13 Car. 2d. is here Verbatim Transcribed. In which, for want of Ap∣plication to the Heraulds, the Clerks have Committed many mistakes (I suppose (by long discontinuance of Methodical Parliaments) not being well instructed viz. In the Titles of the Lord Stourton, Lord Vaux, Lord Wharton, Lord Pagit, Lord Shandois, Lord Stanhop, Lord Charles Howard, Ld. Roberts, Ld. John Pawlet, Ld. Coventry, Ld. Frances Seymour, Ld. Bruce, Ld. Newport, Ld. Colpeper, Ld. Gerrard, Ld. Langdale, Ld. Hollis, Ld. Cornwallis, Ld. Delamare, Ld. Townsend, Ld. Ashly, Ld. Crew, and some others which shall be rectified in the 4th. part of this Treatise. However I thought fit to follow the Record Verbatim (except in the Mar∣ginal Figures and Notes which I have ad∣ded, with Recommendation of Care for the future.

viz. the 13. Car. 2d. is here verba∣tim transcrib'd.

CHAP. II.

The Copy of the Parliament Pawn of the 13. Car. 2d.

Anno tertiodecimo Caroli secundi Regis.

[ I]

CAROLUS secundus Dei gratia Angliae, Scotiae, Franciae, & Hi∣berniae Rex, Fidei Defensor, &c.

Prae∣charissimo & dilecto Fratri suo Jacobo Duci Ebor'um & Albaniae magno Ad∣mirallo suo Angliae Salutem.

Quia de Ad∣visamento & Assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concer∣nent' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octa∣vo die Maii prox' futur' teneri ordina∣vimus & ibidem vobiscum ac cum Mag∣natibus & Proceribus dicti Regni nostri Colloquium habere & tractatum. Vobis sub fide & Ligeantia quibus nobis tene∣mini firmiter injungen'd mandamus quod consideratis dictorum Negociorum arduitate & periculis imminentibus ces∣sante

excusatione quacun{que} dictis die & loco personaliter intersitis nobiscum ac cum Magnatibus & Proceribus praedictis, super dictis Negociis tractatur' vestrumq' Consilium impensur' & hoc sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae praedict' expeditionem{que} dictorum negotiorum diligitis nullatenus omittatis.

T.R.* 2.1 apud Westm'd decimo octavo die Februarii An∣no Regni sui tertio decimo.

CONSIMILE Breve dirigitur Praecha∣rissimo Consanguineo suo Ruperto Duci Cumbriae T. ut supra.* 2.2

REX, &c. Archiepiscopo Cant' &c.

Consimilia Archi' Ebor & Episcop'.

[ II]

REX praedilecto & perquam fideli Consiliario suo Edro' Dno' Hyde Cancellar suo Angliae salutem Quia, &c.

[ III] Ut supra usq' tractatum & tunc

sic vo∣bis mandamus firmiter injungen'd quod omnibus al'pretermissis praedict die & loco personaliter intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negotiis tractatur' vestrumq' con∣silium impensur' & hoc nullatenus omit∣tatis T.

ut supra.

[ IV]

REX Praecharissimo consanguineo suo Thomae Comiti South'ton The∣saurario Angliae Salt'm Quia, &c.

ut su∣pra us{que} tractatum & tunc

sic Vobis sub fide & Ligeancia quibus nobis tene∣mini, &c. ut supra. T. ut supra.

CONSIMILIA Brevia diriguntur Per∣sonis subscript' sub eodem dat' Videlt' Praecharissimo Consanguineo suo.* 2.3

• GEorgio Duci Bucks.
• Carolo Duci Richmond.
• Georgio Duci Albermarl Exercituum suorum Generali.* 2.4

• JOhanni Marchioni Winton'.* 2.5
• Edro' Marchioni Wigorn'.
• Will'o Marchioni Novi Castri.
• Henr' Marchioni Dorcestr'.

• CHarissimo Consanguineo suo Mon∣tague Comiti Lindsey magno Ca∣merario suo Angliae.* 2.6
• Jacobo Comiti Brecon' Senescallo Hos∣pitii.
• Edro' Comiti Manchester Camerario Hospitii.
• Alberico Comiti Oxon'.
• Algernon' Comiti Northumbr'.
• Francisco Comiti Salop.

• Carolo Comiti Derb'.
• Johanni Comiti Rotel'.
• Will'o Comiti Bedford'.
• Philippo Comiti Pembr' & Montgo∣meri.
• Theophilo Comiti Lincoln'.
• Carolo Comiti Nott'.
• Jacobo Comiti Suff'.
• Ric'o Comiti Dors'.
• Will'o Comiti Sarum.
• Joh'i Comiti Exon'.
• Joh'i Comiti Bridgewater.
• Rob'to Comiti Leic'.
• Jacobo Comiti North'ton.
• Carolo Comiti Warr'.
• Will'o Comiti Devon'.
• Basil'Comiti Denbigh'.
• Georgio Comiti Bristol'.
• Lionell'Comiti Midd'.
• Henrico Comiti Holland.
• Joh'i Comiti Clare.
• Olivero Comiti Bullingbrooke.
• Mildmay Comiti Westmerland.
• Thomae Comiti Berks.
• Thomae Comiti Cleveland.
• Edr'o Comiti Mulgrave.
• Henr' Comiti Monmouth.
• Jacobo Comiti Marlborough
• Thomae Comiti Rivers.
• Henrico Comiti Dover.
• Henrico Comiti Stamford.

• Henr' Comiti Peterborough.
• Henr' Comiti Winchelsea.
• Carolo Comiti Carnarvan.
• Mountjoy Comiti Newport.
• Philippo Comiti Chesterfield.
• Joh'i Comiti Thanett.
• Jeronimo Comiti Portland.
• Will'o Comiti Strafford.
• Rob'to Comiti Sunderland.
• Georgio Comiti Norwic'.
• Nich'o Comiti Scarsdale.
• Henrico Comiti sc'ti Albani.
• Edr'o Comiti Sandwici.
• Edr'o Comiti Clarendon Canc' Angliae T. vicesimo nono Aprilis Anno prae∣dicto.
• Arthuro Comiti Essex.
• Thomae Comiti Cardigan.
• Arthuro Comiti Anglesey.
• Joh'i Comiti Bathon'.
• Carolo Comiti Carliol'T. vicesimo nono Aprilis Anno praedicto.

• LEicestr' Vicecomiti Hereford.* 2.7
• Francisco Vicecomiti Montague.
• Will'o Vicecomiti Say & Seale.
• Edr'o Vicecomiti Conway.
• Baptist' Vicecomiti Campden.
• Will'o Vicecomiti Stafford.
• Thomae Vicecomiti Falconberg'.
• Joh'i Vicecomiti Mordant.

• PRaedilecto & fideli suo Joh'i Nevile de Aburgavenny Chr'.* 2.8
• Jacobo Tutchell de Awdley Chr'.
• Carolo West de la Warr Chr'.
• Georgio Berkley de Berkley Chr'.
• Thomae Parker de Morley & Mont∣egle Chr'.
• Francisco Dacres Chr'.
• Conyers Darcy de Darcy Chr'.
• Will'o Stourton de Stourton Chr'.
• Will'o Sandys de la Vyne Chr'.
• Edr'o Vaux de Harrowdon Chr'.
• Thomae Windsor Chr'.
• Thomae Wentworth Chr'.
• Wingfeild Cromwell Chr'.
• Georgio Eure Chr'.
• Phil'Wharton de Wharton Chr'.
• Franciso Willoughby de Parham Chr'.
• Will'o Pagit de Beau desert Chr'.
• Dudlee North Chr'.
• Will'o Shandos de Shudely Chr'.
• Joh'i Cary de Hunsdon Chr'.
• Will'o Petre Chr'.
• Dutton Gerrard de Gerrard Bromley Chr'.
• Carolo Stanhope de Harrington Chr'.
• Henr' Arundell de Wardour Chr'.
• Christophero Roper de Tenham Chr'.
• Rob'to Brooke Chr'.
• Edr'o Mountague de Boughton Chr'.

• Carolo Howard de Charlton Chr'.
• Will'o Grey de Wark Chr'.
• Joh'i Roberts de Truro Chr'.
• Will'o Craven Chr'.
• Joh'i Lovelace Chr'.
• Joh'i Pawlet de Hinton St. George Chr'.
• Will'o Maynard Chr'.
• Thomae Coventry de Alesborough Chr'.
• Edr'o Howard de Escrick Chr'.
• Warwic' Mohun Chr'.
• Percy Herbert de Powis Chr'.
• Edr'o Herbert de Cherbury Chr'.
• Fran'co Seymour de Trowbridge C.D. Lanc' Chr'.
• Thomae Bruce de Wharlton Chr'.
• Fran'co Newport de Higharcall Chr'.
• Thmae Leigh Chr'.
• Christophero Hatton Chr'.
• Henr' Hasting de Loughborough Chr'.
• Ri'co Byron Chr'.
• Ri'co Vaughan Chr'.
• Carolo Smith de Carrington Chr'.
• Will'o Widdrington Chr'.
• Humble Ward Chr'.
• Thomae Culpepper de Thoresway Chr'.
• Isaaco Astley Chr'.
• Ri'do Boyle de Clifford Chr'.
• Joh'i Lucas Chr'.
• Joh'i Bellasis Chr'.
• Lodovico Watson de Rockingham Chr'.

• Carolo Gerrard de Brandon Chr'.
• Rob'to Sutton de Lexington Chr'.
• Carolo Kirkhoven de Wotton Chr'.
• Marmaduco Langdale de Holme Chr'.
• Will'o Crafts Chr'.
• Joh'i Berkley Chr'.
• Denzil Hollis de Ifeild Chr'.
• Frederic' Cornwallis de Eye Chr'.
• Georgio Delamere de Dunham Massey Chr'.
• Horratio Townesend de Lynn Regis Chr'.
• Antonio Ashley Cooper de Winborne Sancti Egidij Chr'.
• Johanni Crew de Stene Chr'.

29 April, 1661.

REX

Dilecto & fideli suo Rob'to Foster mil'Capitali Justic' nostro ad pl'ita coram nobis tenend'assign' salt'm

Quia de Advisamento & assensu Consilij nost'ri pro quibusdam arduis & urgentibus negocijs Nos statum & de∣fensionem Regni nostri Angliae & Eccle∣siae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maij prox' fu∣tur' teneri ordinavimus & ib'm vobiscum ac cum Magnatibus & Proceribus dicti Regni nostri colloquium habere & tra∣ctatum Vobis mandamus firmiter injun∣gend'quod omnibus alijs pretermissis praedictis die & loco personalit' intersitis

nobiscum ac cum caeteris de Concilio no∣stro super dictis negocijs tractatur' ve∣strum{que} consilium impensur' Et hoc nullatenus omittatis

Teste Rege apud Westm' decimo octavo die Februarij Anno praedicto.

CONSIMILIA Brevia diriguntur personis subscript' sub eodem dat' Videlt'.

• HArbottel Grimston Baronet' Ma∣g'ro Rotulorum Cancellar' suae.
• Orlando Bridgeman Mil'Capitali Justic' de Banco suo.
• Mattheo Hale Capital'Baron' de scc'io suo.
• Thomae Mallett Mil'un' Justic' suorum ad pl'ita coram ipso Rege, &c.
• Thomae Twisden Mil'al'Justic' suorum ad pl'ita coram ipso Rege, &c.
• Wadham Windham Mil'al'Justic' suo∣rum ad pl'ita coram ipso Rege, &c.
• Rob'to Hyde Mil'un' Justic' suorum de Banco.
• Thomae Terryl Mil'un' Justic' suorum de Banco.
• Samueli Browne Mil'al'Justic' suorum de Banco.
• Edr'o Atkins Militi.
• Christophero Turner Mil'Baronibus de scc'io.

• Galfrido Palmer Mil'Attorn' suo Ge∣nerali.
• Johanni Glynn Militi.
• Johanni Maynard Militi Servien' d'ni Regis ad legem.
• Edr'o Nicholas Militi un' Principal'Se∣cretar'.

[ VI]

CAROLUS secundus Dei gratia Angliae Scotiae Franciae & Hiber∣niae Rex fidei defensor, &c.

Vie' Cor∣nub' salutem

Quia de Advisamento & assensu Concilij nostri pro quibusdam ar∣duis & urgentibus negocijs Nos statum & Defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maij prox' futur' teneri ordinavimus & ibidem cum Magnatibus & Proceribus dc'i Regni n'ri colloquium habere & tractatum. Tibi praecipimus firmit' injungend'quod facta Proclamatione in prox' Com' tuo post re∣ception' hujus Brevis nostri tenend'de die & loco praedict' duos Milites Gladijs cin∣ctos magis idoneos & discretos Com' praedict' de qualibet Civitate Com' illius duos Cives & de quolibet Burgo duos Bur∣genses de discretioribus & magis sufficien' libere & indifferenter super illos qui Pro∣clamatione hu'mo'i interfuerunt juxta

formam statutorum inde edit' & provis' Et homina eorundem Militum Civium & Burgens' sic eligend'in quibusdam In∣dentur' inter te & illos qui hu'modi E∣lectioni interfuerint inde conficiend'licet hu'modi eligend'presentes fuerint vel ab∣sentes inseri eos{que} ad dictos diem & locum venire fac' Ita quod iidem Milites plenam & sufficien' potestat' pro se & Communi∣tate Com' illius ac dicti Cives & Burgens' pro se & Comitat' Civitat' & Burgo∣rum praedict' divisim ab ipsis habeant ad faciend'& consentiend'hiis quae tunc ib'm de Communi Concilio dicti Reg∣ni nostri favente Domino contigerint or∣dinari super negocijs antedictis Ita quod pro defectu potestat' hu'modi seu propter improvidam Electionem Militum Civi∣um aut Burgen' praeditorum dicta negocia infecta non remaneant quovismodo' No∣lumus autem quod tu nec aliquis al'Vic' dicti Regni nostri aliqualit' sit electus & Electionem illam in pleno Com' tuo fac∣tam distincte & aperte sub sigillo tuo & sigillis eorum qui Electioni interfuerint nobis in Cancellariam nostram ad dictos diem & locum certifices indilate remit∣ten' nobis alteram partem Indentur' prae∣dict' praesentibus consut' unacum hoc brevi

T.R. apud Westm' decimo octavo die Februarii Anno Supradicto.

Consimilia Brevia diriguntur Vice∣comitibus separat' Com' sequen' sub dat' praedict' Videlt'.

• ...Kant'.
• ...Midd'.
• ...Surr'.
• ...Sussex.
• ...Southt'.
• ...Lincon'.
• ...Staff'.
• ...Suff'.
• ...Derb'.
• ...Norff'.
• ...Nott'.
• ...Salop.
• ...Northumbr'.
• ...Westmerl'.
• ...Eborum.
• ...Wigorn'.
• ...Essex.
• ...Heref'.
• ...Devon.
• ...Hertf'.
• ...Wilts.
• ...Northt'.
• ...Somers'.
• ...Glouc'.
• ...Leic'.
• ...Dors'.
• ...Warr'.
• ...Rotes'.
• ...Bucks.
• ...Cumbr.
• ...Berks.
• ...Bedd'.
• ...Hunt'.
• ...Monmouth de duobus Mili∣tibus & uno Burgens, in Burgo de Monmouth.

REX

Vic' Cantabr' Salutem

Quia &c. ut supra us{que} tractatum & tunc sic Tibi praecipimus firmiter injungend'quod facta Proclamatione in prox' Com' tuo post receptionem hujus brevis nostri tenend'de die & loco praedictis duos Milites Gladiis cinctos magis idoneos & discretos Com' praedicti ac de Univer∣sitate Cantabr' duos Burgenses & de qual't Civitate Com' illius duos Cives & de quol't Burgo duos Burgenses de discre∣tioribus & Magis sufficien' libere & in∣different'

per illos qui Proclamationi hu'modi interfuerint juxta formam Sta∣tutorum inde edit' & provi' eligi & no∣mina eorundem Militum Civium & Burgens' praedictorum sic eligend'in quibusdam Indentur' inter te & illos qui hu'modi Electioni interfuerint inde con∣ficien'd licet hu'modi eligend'presentes fuerint vel absentes inseri eos{que} ad dictos diem & locum venire fac' Ita quod iidem Milites plenam & sufficien' potestatem pro se & Coi'tate Com' illius ac dicti Cives & Burgens' pro se & Comitat' Universitat' Civitat' & Burgorum prae∣dict' divisim ab ipsis habeant ad faciend'& consentiend'hiis quae tunc ib'm de Comun' Concilio dicti Regni nostri favente Domino Contigerint ordinari super negociis antedictis. Ita quod pro defectu potestat' hu'modi seu propter im∣providam Electionem Militum Civium aut Burgens' praedict' dicta negocia in∣fecta non remancant quovismodo. Nolu∣mus autem quod tu nec aliquis alius Vic' dicti Regni nostri aliqualit' sit electus & Electionem illam in pleno Com' tuo fact∣am distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfue∣rint nobis in Cancellar' nostram ad di∣ctos diem & locum certifices indilate re∣mitten' nobis alteram partem Indentur'

praedict' presentibus consut' unacum hoc brevi

Teste ut supra.

Consimile Breve dirigitur Vic' Oxon' sub dat' praedict.

[ VIII]

REX

Vicecomitibus London Sa∣lutem

Quia &c.

ut supra us{que} tra∣ctatum & tunc

Vobis praecipimus firmi∣ter injungentes quod facta proclamatione in prox' Hustengo nostro post recepti∣onem hujus Brevis nostri tenend'de die & loco praedict' quatuor Cives de discre∣tioribus & magis sufficien' Civitat' prae∣dict' libere & indifferent' per illos qui proclamationi hu'modi interfuerint juxta formam Statutorum inde edit' & provis' eligi & nomina eorundem Civium sic eligend'in quibusdam Indentur' inter vos & illos qui hu'modi Electioni interfu∣erint inde conficiend'licet hu'modi eli∣gend'presentes fuerint vel absentes inseri eos{que} ad dictos diem & locum venire fac' Ita quod praedict' Cives plenam & suffi∣cien' potestat' pro se & Co'itate Civita∣tis praedict' divisim ab ipsis habeant, &c. ut supra mutatis mutandis, &c. & in qual't Civitate sequen' facta proclama∣tione infra Com' Civitat' praedict, &c. ut supra & in Villis sequen' infra Com' Villae praedict, &c.

T. ut supra.

Consimilia Brevia diriguntur Viceco∣mitibus seperal'Civitat' & Vill'sequen' sub eodem dat' Videlt'.

• Vicecomiti∣bus Civi∣tatis suae. Eborum de duobus Civibus eligend'.
• Vicecomiti∣bus Civi∣tatis suae. Norwici de duobus Civibus eligend'.
• Vicecomiti∣bus Civi∣tatis suae. Lincoln' de duobus Civibus eligend'.
• Vicecomiti∣bus Civi∣tatis suae. Coventr' de duobus Civibus eligend'.
• Vicecomiti∣bus Civi∣tatis suae. Glouc' de duobus Civibus eligend'.
• Vicecomitibus Civitatis suae Bristol, de duobus Civibus eligend'.
• Vic' Civitat' suae Cantuar' de duobus Civibus eligend'.
• Vic' Civitat' suae Exon' de duobus Civibus eligend'.
• Vic' Civitat' suae Lich' de duobus Civibus eligend'.
• Vic' Civitat' suae Wigorn' de duobus Civibus eligend'.
• Vicecomitibus Villae suae Nott' de duobus Burgens' eligend'.
• Vic' Villae de Kingston super Hull de duobus Burgens' eligend'.
• Vic' Villae suae Southt' de duobus Burgens' eligend'.
• Vic' Villae suae Novi Castri super Tinam de duobus Burgens' eligend'.
• Vic' Villae suae de Poole de duobus Burgens' eligend'.
• Vicecomitibus Villae suae Haverford-west de uno Bur∣gens' eli∣gend'.
• Vic' suae Carmarthen' de uno Bur∣gens' eli∣gend'.

• Majori & Ballivis Villae de duobus Burgens' eligend'.
• Berwici super Twedam de duobus Burgens' eligend'.

[ IX]

REX

Constabular' Castri sui Dover ac Custod'Quin{que} Portuum vel ejus locum tenenti ib'm Sal'tem,

[ 4] Quia, &c.

us{que} tractatum Et tunc

Vobis in fide & Ligeancia quibus nobis tenemini firmit' injungend'mandamus Quod in quolibet Portu Portuum praedict' duos Barones de Melioribus & discretoribus eligi & eos ad dictos diem & locum ve∣nire fac' Ita quod dicti Barones plenam & sufficien' potestatem pro se & Co'itate Port' suorum habeant ad consentiend'hijs quae tunc ib'm communi de Concilio dicti Regni nostri Angliae favente Domi∣no contigerint ordinari super negotijs antedictis Ita quod pro defectu potestatis hu'modi seu propter improvidam Ele∣ction' Baronum praedict' dicta negotia infecta non remaneant quovismodo Et habeatis ibi nomina praedict' Baronum & hoc breve

T. ut supra.

[ X]

REX

Cancellar' suo in Com' Pala∣tino Lancastr' vel ejus locum te∣nenti ib'm sal'tem

[ 5] Quia, &c.

ut supra us{que} tractatum Et tunc

sic Vobis manda∣mus

firmiter injungentes quod per breve nostrum sub sigillo nostro Com' praedict' detis in mandatis Vic' nostro ejusdem Com' quod idem Vic' facta proclama∣tione in prox' Com'suo post receptionem dicti brevis nostri &c. in quibusdam In∣dentur' int' ipsum Vic' & illos &c. Nolu∣mus autem quod idem Vic' &c. Et Ele∣ctionem illam in pleno Com' praedict' sic factam distincte aperte sub sigillo Com' praedict' & sigillis eorum qui ele∣ctioni illi interfuerint nobis in Cancellar' nostram Angliae ad dictos diem & locum certificetis indilate remitten' nobis &c. ut supra.

[ XI]

REX

Camerario suo Com' Palatini sui Cestriae vel ejus locum tenenti ib'm salutem

[ 6] Quia, &c. us{que} tractatum Vobis mandamus firmiter injungend'quod per seperalia brevia nostra sub si∣gillo nostro Com' praedict' debite confi∣ciend'detis in mandatis tam Vic' nostro ejusdem Com' Cestr' quam Vic' nostris Civitat' Cestr' quod facta proclamatione in prox' Com' suis post receptionem eo∣rundem brevium nostrorum tenend'de die & loco praed'dictus Vic' dc'i Com' Cestr' duos Milites gladio cinctos magis idoneos & discretos Com' praed'& praed'Vic' dc'ae Civit' Cestr' duos Cives dc'ae

Civit' de discretioribus, &c. Et nomina eo∣rundem Milit' sic eligend'in quibusdam Indentur' int' ipsum Vic' Civitat' & illos qui hujusmo'i Electioni interfuerint Ac nomina praed'Civium sic eligend'in qui∣busdam Indentur' int' ipsos Vic' Civitat' & illos qui, &c. Nolumus autem quod idem Vic' dc'i Com' Cestr' nec praed'Vic' Civitat' praed'nec aliquis, &c. Et Ele∣ctiones illas in plenis Com' & Civitat' praed'sic fact' distincte & aperte sub si∣gillo Com' Palatini praed'& sigillis eo∣rum qui Electionibus illis interfuerint nobis in Cancellariam nostram Angliae ad dictos diem & locum certifices indilate remitten' nobis alteras partes seperal'In∣dentur' praed'presentibus consut' unacum hoc brevi

T. ut supra.

[ XII]

REX

Vic' Carnarvon salutem

Quia, &c.

us{que} tractatum

[ 7] Tibi praecipimus firmiter injungend'quod facta proclama∣tione in prox' Com' tuo post receptio∣nem hujus brevis nostri tenend'de die & loco praedictis unum Militem Gladio cinctum magis idoneum & discretum Com' praedict' & de quolibet Burgo vo∣cat' le shire Town ejusdem Com' unum Burgensem de discretioribus, &c. ut su∣pra in Com' Cornub' mutatis mutandis

T. ut supra.

Consimilia Brevia diriguntur Viceco∣mitibus seperal'Com' sequen' sub dat' praed'videlt',

• ...Radnor.
• ...Brecon.
• ...Carmarthen.
• ...Mountgomery
• ...Cardigan.
• ...Glamorgan.
• ...Pembroke.
• ...Flint.
• ...Merioneth.
• ...Denbigh.
• Anglesey de uno Milite tantum eli∣gend'.

SECT. II. Observations on this Pawn.

[Obs. I] THis is the full Transcript of the Pawn or Record of the Writs which were issued for the Summoning this Parliament; and that my Method in managing of them may be the clearer understood, I shall set down some Ob∣servations pursuant to it.

In the Original of this Pawn, or Re∣cord, there are no Figures placed in the Margents of the respective Paragraphs of it (but I have thought fit, in respect of the several occasions referring to it, to add the Figures of I. II. III. IV. V. (being Paragraphs particularly relating to the House of Lords;) and then the Figures of VI. VII. VIII. IX. X. XI. XII.

being Paragraphs particularly relating to the House of Commons,) for of all these I shall speak distinctly in this, and the Second Part of this Treatise.

[ II] All the Exemplar Writs are dated the 18th of Feb. 13 Car. 2. but there being several Creations of Lords (or at least their Patents not perfect) after the 18th, all the subsequent Writs for such Lords were dated the 29th of April following, and that is the reason of the different Dates of Writs in the Pawn, but all were before the Parliament sat.

[ III] The first Exemplars in this Pawn for the Lords House do begin with the words, CAROLUS Secundus Dei Gra∣tia Angliae Scotiae Franciae & Hiberniae Rex Fidei Defensor. And so the first Exemplar in the House of Commons, Fig. 6. begins in the like words; yet all the other Exemplars in the Pawn do begin only with the word Rex, omitting the other words, which must be understood that the single word Rex, &c. is so en∣tred only for brevity, not that the Form of the other Examplar or Consimilar Writs are so concise, either in the pre∣amble or body of the Writs (for the same reason.)

[ IV] In respect I do make use of the words Exemplar Writs, and Consimilar Writs,

it is fit I should speak of the Nature of Writs in general.

The Common and Civil Law calls a Wrít in Latin, Breve, quia brevibus & paucis verbis intentionem Legis exponit. And of these in the Common Law some are call'd Original, and others Judicial; the Original (if I do not miscount them, from the Register of Writs) are 727 in Number: and these are us'd in the respe∣ctive Courts in Westminster before any appearance had, or other Process issued in all matters both real and personal, and are always in the King's Name, attested by the Chief Justice of the Court from whence they issue; the other, call'd Ju∣dicial Writs,) if I miscount not the num∣ber of them from the same Register) are 371, which are sent out by order of those Courts where the original Writ is recorded, and the Case depending; and these latter do also issue in the King's Name, and attested by the chief Justice of the respective Courts from whence they proceed, and seal'd with green Wax, with the Seals of the respective Courts.

But the Parliament Writs (of which I am to treat) are of another nature and quality, issued only by the King's imme∣diate Command and Warrant, and seal'd with the great Seal of England; and

these have two appellations, viz. Brevia Clausa, (or operta,) and Brevia Paten∣tia, (or Aperta.)

The Brevia Clausa are Writs of Sum∣mons clos'd up in yellow Wax, and so seal'd with the great Seal of England, and then (as will be more fully shewn, after I have discours'd distinctly of the Writs) sent (with Labells) to every individual Prince of the Blood, Lords Spiritual, Lords Temporal, and Assi∣stants, and to every Sheriff of the King∣dom, for Elections of Knights, Citizens, and Burgesses for the Commons House; and so do concern both House of Lords, and House of Commons, (as also the Con∣vocation Houses, dirivatively from the Arch-Bishops, and Bishops Writs,) of which last I shall speak more distinctly in this Treatise, concerning the Convoca∣tion House.)

But the Brevia Patentia do chiefly con∣cern the House of Lords, viz. by Pa∣tents of Creations, (as also some Offi∣cers, as will be shewn) and all these are call'd Patentia, or Letters Patents, be∣cause they are not inclos'd, but open, with the Impression of the great Seal of England at large hanging to them, yet all the Created Patentees have their di∣stinct Writs of Summons, but not the

Official Patentees, viz. Clerk of the Crown, Clerk of the Parliament, Clerk to the House of Commons, &c.

These Patent Writs have no other ap∣pellation than Literal, or Letters Pa∣tents, as I said. But the Parliamentary close Writs are divided into two Titles, viz. Exemplars and Consimilars, and though the word Exemplar is not us'd in the Pawns, yet the word Consimile is constantly us'd there, which doth imply an Exemplar. The Exemplars are Writs set down at large in the Pawns, and the Consimilars are Writs not inserted in the Pawns, and yet are to have a consimi∣litude with their Exemplars, the Exemplar being so made upon some extraordinary reason, as will be shewn hereafter.

[ V] As for those Writs which concern the House of Lords (of which I only treat in this first Part) as they are more in number than any of the other Houses, (not including derivative Writs, Pre∣cepts, or Citations) so they are of a more nice nature, in respect (as I said) they are personal; for a distinct Writ is to be provided for every individual Lord sitting in the Lords House, but not so in the House of Commons, or lower Convoca∣tion, (as will be shewn) and though the main body of the Writs in those con∣cerning

the Lords House do differ but little from the Writs of former Kings, or from those of the House of Commons, yet the Titles do very much vary in eve∣ry Parliament, partly by the new Crea∣tion of Barons, partly in their Ascension from Barons to higher degrees, and part∣ly by splitting of Titles upon extinction of Families, and for other causes they are in few years subject to variation in Titles, wherein every Lord is exact in having his due, and therefore some of the Heralds, (as I said, according to the several districts of the Kingdom under their managements) are, or ought to be consulted with, that the Clerks may commit no mistakes either in their Titles of Grace and Favour, or in their Titles of Rights and Concessions, before the Writs be sealed, and the not effectual doing this (which ought to be done) might occasion some mistakes and diffe∣rences between the Exemplar and Consi∣milary Writs in point of Titles, (as will be shewn.)

[ VI] The other parts of the Writs, as well in Exemplars as Consimilars (which concern not the Titles of the Peers) are the same both in the declaratory and mandatory parts, except some few words, (of which I shall take notice in my pro∣ceedings)

and herein I shall not trouble my self with shewing what reasons were given in some Writs for summoning a Parliament, or what in others, or the reason of those Reasons, and why in some there were no Reasons given, only a short Mandamus.

[ VII] All Writs at large recited in this and all former Pawns, are the Exemplars of all other Writs of Summons for a Par∣liament which are not in the respective Pawns, whereby these in this Pawn (with the addition of the Bishops Ex∣emplar Writs, (which are entred in all former Pawns) did and do now make 12 Exemplars, but the Writs which are not recited in this and former Pawns (which I term Consimilars) at the cal∣ling this Parliament, were in all 262.

[ VIII] Some of the 12 are Exemplars, and o∣ther Writs have a consimilitude to them, yet have no positive Consimilars ap∣pointed them, whereof there are but three, viz. One to the Lord Chancellor in the Lords House, and to the two Pala∣tines in the Commons.

[ IX] All Writs of Summons to the House of Lords both Exemplars and Consimilars are Personal and Local, but all Writs of Summons for the House of Commons are only Local.

These 12 Exemplars are in this fol∣lowing method stated, with their Con∣similars, viz. those 5 for the Lords House are,

		Exemplar.		Consimilar.
I.	To the Duke of York	1		1
II.	To the Archbishop of Canterbury	1		25
III.	To the Lord Chan∣cellor	1		0
IV.	To the Earl of South∣hampton, L. Treasu∣rer	1	In this Parlia∣ment, 3 Dukes, 4 Mar{que} 55 Earls, 8 Visc. 68 Barons.	138
V.	To the Chief Justice of the Kings Bench	1		15

So there was in the Lords House 5 Exemplar Writs, and 179 Consimilars.—in all 184.

The remaining Exemplar Writs relating to the House of Commons are 7. (of which I shall speak more in the next part of this Treatise) viz.

VI.	To Cornwall	1		4
VII.	To Cambridge	1		1
VIII.	To London	1		18
IX.	To Dover	1	Cinqports	7
X.	To Lancaster	1		0
XI.	To Chester	1		0
XII.	To Carmarthen	1	Wales	11

So there is for the Commons House 7 Exem∣plars, and 73 Consimilars, in all 80 Writs, in both Houses—264

So many Exemplar and Consimilar Writs were issued to Constitute this Par∣liament An. 1661. in the Lords House, to Countreys, Shires, and Comitated Cities and Towns, in the Commons House, where∣of some years after its Sitting, one Exem∣plar and one Consimilar was issued for the Bishoprick of Durham) all the rest of the Writs for Cities, Towns and Burroughs not Comitated, (of which I shall give an account) do lose their names of Consimi∣lars, when the Exemplar Writs do come to the respective Sheriffs, for then they pass from the respective Sheriffs; under the titles of Precepts, (or Derivative-Writs) as shall be more fully discourst of in the second part, where I treat of the House of Com∣mons.

Now I shall proceed to the Act of Pre∣cedencies, and give a short description of such as are to be Summon'd for the Lords-House only, because I speak more amply of their Individual-Writs whereby they are Summon'd

CHAP. III. Of Precedencies.

HAving shewn the Kings Warrant, and the Lord Chancellors, and the Record made up in the Pettibag, call'd the Parliament Pawn, and given a touch of the nature of Writs in general, and in particular, of Parliamen∣tary Writs of Summons, consisting of Writs Exemplar and Consimilar, as also an hint of Precepts or Derivative-Writs from those Exemplars, (which are to be more fully treated of in the 2d. part,) I shall proceed to the Act of 31 of Hen. the 8th. concerning Precedencies in the Lords House, occasion'd from the de∣fect or long disusage of Pawns, or other State reasons; for there being no Pawns extant but, as I said, from the 21 of Hen. the 8th. to this time, the other be∣ing by Endorsment &c. on the Re∣cords in the Tower or Rolls Chappel; Our King Hen. the 8th. did make this Act of Precedencies, (which hath its chief Reference to the time

when a Parliament is Sitting, and so not proper to be inserted in this place, seeing my design in this first part is to treat of matters previous to a Parliament, be∣fore I speak of matters Sedente Parlia∣mento) yet it may be allow'd in respect I make no other present use of it, than to inlighten the Readers with the Characters of such Persons and Degrees as are to have Writs of Summons to sit there according to that Act, and there∣fore I shall first shew a Transcript of that Act, then some Observations upon it, and then give some short discourses of the Noble Degrees therein mention'd, in order to their Writs which shall di∣stinctly follow.

The Transcript of the Act of Pre∣dency, 31. Hen. 8. Cap. 10.

The Act of Precedency, 31. Hen. 8. Cap. 10.

FOrasmuch as in all great Councils and Congregations of men, having sundry Degrees and Offices in the Common∣wealth, it is very requisite and conveni∣ent that an order should be had, and ta∣ken for the placing and sitting of such Persons as been bound to resort to the

same, To the intent that they knowing their places may use the same without dis∣pleasure or let of the Council. Where∣fore the Kings most Royal Majesty (al∣though it appertaineth to his Prerogative Royal to give such Honors, Places, and Reputation to his Counsellors, and other his Subjects as shall seem best to his most Excellent Wisdom.) He is nevertheless pleas'd and contented for an Order to be had and taken in this his most High Court of Parliament, that it shall be Enacted by Authority of the same in manner as hereafter followeth.

First, It is Enacted by Authority a∣foresaid, That no Person or Persons of what Estate, Degree, or Condition soever he or they be of, (except only the Kings Children) shall at any time hereafter attempt, or presume to sit or have place at any side of the Cloth of State in the Parliament-Chamber, neither of the one hand of the Kings Highness nor of the other, whether the Kings Majesty be there Personally present or absent.

2. And forasmuch as the Kings Majesty is justly and lawfully Supream head in Earth under God of the Church of Eng∣land, and for the good exercise of the said most Royal Dignity and Office, hath made Thomas Lord Cromwel and Lord

Privy Seal, his Vicegerent, for good and due ministration of Justice to be had in all Causes and Cases touching the Eccle∣siastical Jurisdiction, and for the Godly reformation and redress of all Errors, He∣resies, and Abuses in the said Church; It is therefore also Enacted by Authority a∣foresaid, That the said Lord Cromwel having the said Office of Vicegerent, and all other Persons which hereafter shall have the said Office of the grant of the Kings Highness, his Heirs or Successors, shall Sit and be plac't as well in this present Parliament as in all Par∣liaments to be holden hereafter, on the right side of the Parliament-Chamber, and on the same Form that the Archbishop of Can∣terbury sitteth on, and above the same Archbishop and his Successors, and shall have Voice in every Parliament to assent or dissent, as other the Lords of the Parlia∣ment.

3. And it is also Enacted, That next to the said Vicegerent, shall sit the Arch∣bishop of Canterbury, and then next to him on the same Form and side, shall sit the Archbishop of York, and next to him on the same Form and side the Bishop of London, and next to him on the same side and Form the Bishop of Durelme, and next to him on the same side and Form the Bi∣shop

of Winchester, and then all the other Bishops of both Provinces, of Canterbury and York, shall sit and be plac't on the same side after their Ancienties, as it hath been accustomed.

4. And forasmuch as such other Perso∣nages which now have or hereafter shall hap∣pen to have other great Offices of the Realm, that is to say, the Offices of the Lord Chan∣cellor, the Lord Treasurer, the Lord Pre∣sident of the Kings Council, the Lord Pri∣vy Seal, the Great Chamberlain of England, the Constable of England, the Lord Marshal of England, the Lord Admiral, the Grand Master or Lord Steward of the Kings most Honourable Houshold, the Kings Cham∣berlain, and the Kings Secretary, have not heretofore been appointed and ordered for the placing and sitting in the Kings most High Court of Parliament, by reason of their Offices: It is therefore now Ordained and Enacted by Authority aforesaid, That the Lord Chancellor, the Lord Treasurer, the Lord President of the Kings Council, and the Lord Privy-Seal, being of the Degrees of Barons of the Parliament, or above, shall sit and be placed as well in this present Parliament as in all other Parliaments hereafter to be holden, on the left side of the said Parliament-Chamber on the higher part of the Form of the same side, above

all Dukes, except only such as shall hap∣pen to be the Kings Son, the Kings Bro∣ther, the Kings Ʋncle, the Kings Nephew, or the Kings Brothers or Sisters Sons.

5. And it is also Ordained and Enacted by Authority aforesaid, That the Great Chamberlain, the Constable, the Marshal, the Lord Admiral, the Great Master or Steward, and the Kings Chamberlain, shall sit and be placed after the Lord Privy-Seal, in manner and form following, that is to say, every of them shall sit and be placed above all other Personages being of the same Estates or Degrees that they shall happen to be of, that is to say, the Great Chamberlain first, the Constable next, the Marshal third, the Lord Admiral the fourth, the Grand Master or Lord Steward the fifth, and the Kings Cham∣berlain the sixth.

6. And it is also Enacted by the Autho∣rity aforesaid, That the Kings chief Secre∣tary being of the Degree of a Baron of the Parliament, shall sit and be placed above all Barons not having any of the Offices a∣forementioned, and if he be a Bishop, that then he shall sit and be placed above all other Bishops not having any of the Offices before remembred.

7. And it is also Ordained and Enacted by Authority aforesaid, That all Dukes not afore mention'd, Marquesses, Earls, Vis∣counts,

counts, and Barons, not having any of the Offices aforesaid, shall sit and be placed after their Ancientry as it hath been ac∣custom'd.

8. And it is further Enacted, That if any Person or Persons which at any time hereafter shall happen to have any of the said Offices, of Lord Chancellor, Lord Treasurer, Lord President of the Kings Coun∣cil, Lord Privy-Seal, or chief Secretary, shall be under the Degree of a Baron of the Parliament, by reason whereof they can have no interest to give any assent or dissent in the said House, That then in every such case such of them as shall happen to be under the said Degree of a Baron, shall sit and be placed at the uppermost part of the Sack in the midst of the said Parliament-Chamber, either there to sit upon one Form or upon the uppermost Sack, the one of them above the other, in order as is above rehearsed.

9. Be it also Enacted by Authority afore∣said, That in all Tryals of Treason by Peers of this Realm, if any of the Peers that shall be called hereafter to be Tryers of such Treason shall happen to have any of the Offices aforesaid, that then they having such Offices, shall sit and be placed accord∣ing to their Offices above all the other Peers that shall be call'd to such Tryals, in manner and form as is above mention'd and rehears'd.

10. And it is also Enacted by Autho∣rity aforesaid, That as well in all Parlia∣ments as in the Star Chamber, and in all other Assemblies and Conferencies of Coun∣cils, the Lord Chancellor, the Lord Trea∣surer, the Lord President, the Lord Privy Seal, the Great Chamberlain, the Constable, the Marshal, the Lord Admiral, the Grand Master or Lord Steward, the Kings Cham∣berlain, and the Kings chief Secretary shall sit and be placed in such order and fashion as is before rehearsed, and not in any other place, by Authority of this Act.

SECT. I. Observations.

[Obs.] 1. THis Act is observable, being E∣nacted as it were by the King's single Authority, yet by the Preamble it seems to be only an Order, or Ordinance at most, and this upon Record in that House, for it doth not concern the Com∣mons.

2. The Lords House is here call'd the High Court of Parliament, i. e. the highest Court of Judicature in Parliament, and so it is an Act by authority of the same, in∣cluding the Kings.

3. It is also (Parag. 2.) call'd the Parliament Chamber; and (Parag. 8.) the said House, not the House of Lords, or House of Peers, as it is now call'd.

4. Though this Act doth contain the Rules for Places, as the several degrees do sit in their distinct degrees, yet it doth not contain the intermixt Precedencies of the several Degrees, both in calling over the House, and at other Solemnities, as will be more exactly shewn in the local part.

5. In the 8th Paragraph the Lord great Chamberlain, Constable, Marshal, Admiral, Steward, and King's Chamberlain are omit∣ted, because it is presum'd, that those Titles were never given to any under the degree of a noble Baron.

6. Here the Seat for the State-Officers (being not Barons) is call'd a Sack, but in all Records, where those Seats are men∣tion'd, they are call'd Wool-Sacks, being stuff'd with Wool, to mind them of the Staple Commodity of the Kingdom.

7. The use which I make of this Act is to shew the several Titles of the Degrees of such as are mention'd therein, 2dly, the ordering of those Degrees, and 3dly, how this Act doth agree or disagree with the Pawns before, and subsequent to it.

First, The Degrees mention'd therein are four, viz. first, Princes of the Blood,

2dly, Lords Spiritual, 3dly, Ministers and Officers of State, 4thly, Lords Tempo∣ral.

1st. The Princes of the Blood are said therein (Parag. 4.) to be, first, the King's Son, 2dly, the King's Brother, 3dly, the King's Uncle, 4thly, the King's Nephew, 5thly, the King's Brother's Son, 6thly, the King's Sister's Son, as in Paragraph the 1st and 4th.

2dly. The Lords Spiritual are said there∣in to be the Arch-Bishop of Canterbury and York, the Bishop of London, Duresm, and Winchester, and all the Bishops of both Provinces according to their Ancientries, Paragraph 2, & 3.

3dly. The Ministers and Officers of State Ecclesiastical and Civil, are (in the 2d and 4th Paragraphs) said to be the Vice-Ge∣rent, and eleven more therein mention'd, of which I shall speak distinctly, Paragraphs 2, 4, 5, 6, 8, 9, 10.

4thly. The Lords Temporal are said to be those five Degrees mention'd in the se∣venth Paragraph, viz. Dukes, Marquesses, Earls, Viscounts, and Barons, of which I shall also speak more fully, and lower than to these Degrees the Act doth not ex∣tend.

5thly. This Act doth agree with the Method of the Pawns, in the placing of

the Princes of the Blood, as also of the Bishops, but the Pawns do differ from the Act concerning the Ministers and Officers of State, for they meddle with them no otherwise than they are annext to some Spiritual or Temporal Degrees, but if they are under the Degree of those Degrees they have then only particular Writs of As∣sistance, as shall be shewn.

6. The Act doth not take notice of the several Assistants of the Long Robe, viz. the Lords Chief Justices, &c. But the Pawn makes a Record of them also, and of their Writs, and of their Precedencies, in rela∣tion to each other, of whom I shall speak more particularly in the Thirteenth Chap∣ter.

7. This Act was made upon the dissoluti∣on of the Abbots and Priors, and that there might be no more room for them in the House of Lords, whereas the two preceed∣ing Pawns remaining still in the Pettibag, (viz. of the 22 and 31 Hen. 8.) did place them next the Bishops, now (their Abbies, Monasteries, and Priories being dissolved) they in this Act were excluded, as in all future Pawns (only Queen Mary did ven∣ture to summon the Abbot of Westminster, and the Prior of St. John's of Jerusalem) but that being turn'd into a Deanry, and this dissolved, they were as useless, as all

the others, the Ecclesiastical and Civil Estate of this Kingdom being thereby re∣stor'd to its Primitive Constitution, as will be shewn.

CHAP. IV.

A Discription of the Degrees concern'd in this Act of Precedency.

HAving spoken of the Pawns (or Di∣gest of Writs) of Summons in gene∣ral) as also of the Act of Precedency, this having respect only to the House of Lords and other great Councils; those both to the House of Lords and House of Commons, this only to the Dignity of the Nobles, those not only to the Dignity and Degrees of Nobles, but also of the form and order of the Writs constantly enabling the Nobles to make a noble use of their distinct De∣grees, that to the Places and Precedencies of such persons (whenever they meet in Parliament) (as by the King's favour may be summon'd) those to the persons actual∣ly summon'd, wherein these Pawns (much ancienter than the Act) were doubtless a good Guide to the framing of this Act, I think it convenient, before I proceed to par∣ticularize their Writs (for the Titles must

be fix'd before the Writs can be perfected) to take a view of the order of such Degrees as are mention'd in the Pawns, but better methodiz'd in the Act) viz. 1st, of the King's Counsellors, (comprehending all the following degrees and others) 2dly, of the Princes of the Blood (consisting of seven Degrees) 3dly, of the grand Officers and Ministers of Church and State, (consisting also of seven Degrees) some of them being of a mixt nature, viz. Spiritual, Ecclesiastical, and Civil,) and 4thly, of the Temporal and Hereditary Nobility, (consisting of five intire Degrees,) and this I shall do by a distinct account of them, for the clearer understanding of the Writs and Persons concern'd in them.

And this I do to entertain the Readers time, whilst the Clerk and others are bu∣sied in Drawing, Writing, and Ingrossing the Writs, and carrying them to be Seal'd, and then disposing them to the several per∣sons and places to whom and where they are to be deliver'd, which will admit of as much or more time than may be spent in reading these following Discourses, in∣tended for the reviving of the memo∣ry of some, and improving the know∣ledge of others, concerning the Persons to be imploy'd in the House of Lords, as also concerning the Writs for the House

of Commons, and herein (in this First Part, as to the House of Lords) I shall be guided by the ancient Method of the King's Warrant, the Pawns, and the Act of Pre∣cedency; And first of the King's Coun∣sellors.

SECT. II. Of the Kings Privy-Counsellor.

AS to the Original of this Officer and of the reason of its different Or∣thography:* 15.1 sometimes beginning the se∣cond Syllable with C. or S. and of its affi∣nitry to the old Roman Comites Consiliarij, I shall refer them to my annotations, and here only shew how that by the words in the Kings Warrant, by the Pawns, and by the said Act of 31. Hen. 8. (all which I have recited at large) we may clearly see that the word Council, doth consist of the Persons of the best Quality and Abi∣lities, to give Counsel and Advice to the King. And when such a number as the King thinks fit to select for that purpose do meet in a Body Conjunctively,

2. This Council is called the Kings Coun∣cil, and also the Persons therein are called the Kings Council, (yet more properly Counsellors) and to confirm this, the Kings Warrant saith: To Our Right Trusty and well beloved Counsellor Sir Edward Hyde Knight Chancellor of England, (here 'tis Personal) then follows, Whereas We by Our Council, this intimates a Body of Persons or Counsellors Congregated.

3. The Writs in the Pawns sometimes do add to the Person to whom the Writ is sent (Conciliario suo) and sometimes not, but these following words are constantly in every Writ, (Quia de advizamento & assensu Concilij nostri, which is more large than what is in the Kings Warrant by in∣serting the words (Advice and Consent) of Our Council.

4. The said Act saith in the Preamble, Forasmuch as in all great Councils and Congregations of men (which explains Councils) and then, that there may be no displeasure or let of the Council) (in re∣spect of Precedency) therefore (for the better reputation of his Counsellors and other Subjects, doth Enact, &c. And in the 3d. Paragraph, the President of the Kings Council is there also named, by which we understand the Kings Privy-Council (of which he is President) to be a Coun∣cil

distinct from other Councils where there are Presidents; 2ly. And from Par∣liaments (where there are Speakers in∣stead of Presidents) anciently called the Great Council, and so it is still, though the name is alter'd to Parliament) and 3ly. From other Assemblies and Conferences of Councils, (which are the words in the last Paragraph of that Act.)

5. And therefore this Council here meant in this Warrant, Pawn, and Act, is that which we now call the Kings Privy Council. Tis true the King hath several other Councils, (as that of Wales, and in the North, and others both here and in Foraign Plantations) but this Privy-Coun∣cil is the Supream standing Council, out of which sometimes the King thinks fit to select some few for the more safe, se∣cret and easie dispatch of Affairs.)

6. Which by the Jews were called Ca∣bala, but by us properly Comitties. How∣ever this Privy Council is the standing Council of the Kingdom, giving Forms and Being to all other Councils, especially what concerns the Beginning, Continuing, and Ending of any Parliament, and yet this Council or Parliament is a greater Council than that, and of greater Autho∣rity when it is in being, and therefore an∣ciently, as I said, call'd Magnum & Publi∣cum

Concilium, and this Privatum Con∣cilium.

7. This Great and publick Council con∣sists of the King, Lords Spiritual, Lords Temporal, (viz. of such to whom the King sends Writs of Summons) and of Commons (viz. of such as the People think fit to Elect by vertue of the Kings Writs.) But this Privatum or Privy Coun∣cil are of such only as the King Elects out of the Degrees next mentioned, or out of other Degrees, as he shall best judge of their Abilities for it. Yet very often Parliaments have persuaded Kings to make Alterations in Privy Councils, both as to Persons and Number.

8. The number of the Persons of this Privy Council are in a manner indefinite, because it depends upon the Kings plea∣sure. But anciently it consisted only of 12. since that they have increased and va∣ried, and in the beginning of this Parlia∣ment they were 29. but before the end of it above 40. The number of the Great Council or Parliament is partly indefinite, (in the Lords House) and partly circum∣scrib'd, (and so in the Commons House (as will be shewn,) for these anciently had not above 2. or 300. but this Parlia∣ment had in both Houses above 700. (as will be shewn.)

9. This very name of Council and Coun∣sellors, (as they are or ought to be) is much more ancient than the Consuls of Rome, which had their name a Consulendo, for their abilities in giving Counsel, and pos∣sibly borrow'd from the name of Neptune the God of the Sea, who was call'd also Consiliorum Deus, so as probably of their two yearly Consuls, one was chosen for the Affairs of the Sea, (as Admiral) the other for the Affairs of the Land, as Gene∣ral, however it is observable that the Title of Consul or Counsellor did continue 1046. years in that Empire, deducting three years interposition of the Decemviri (or 10 Governors,) and 4 years of Tribunes (or 3 Governors,) and 12 years of Tri∣bunes consisting of 4 Governors, and 30 years by Tribunes consisting of six Go∣vernors, and 5 years under an Anarchy, and 2 years wherein Tribunes had a Con∣sulary power, and then the Government again slid into Consuls, so as deducting these 56 years, they continued intire un∣der that Consulary Tutelage 990 years: and as that way of Government was useful to Rome whilst it was a Common-wealth, so we see when Julius Caesar took on him the Roman Empire, and turn'd it to a Mo∣narchy, he did not discard the Consula∣ry way of managing Affairs, nor did his

Successors; so as they continued full 540. years after Julius Caesar in prosecution of that Monarchical Empire, till the Papal Interests had supplanted the Western Em∣pire, and made General Councils, tending rather to the dis-uniting of Princes, than for uniting Religion, as was pretended, and instead of Consuls, erected a Consi∣story and Conclave, the last being only new names for a Council.

10. This is certain, that Councils or Coun∣sellors or Consuls are of that nature, that no Government can subsist without them, though by different Appellations; and I read of few or none in all the Roman Sto∣ries, who had the Title of Consul con∣ferr'd on him, but those who either by their Wisdom had given such good Coun∣sel as prov'd prosperous to the Empire, or had done such eminent Services, that from such Heroick actions the Emperors and Se∣nators derived Arguments of their Abili∣ties to Counsel, as having actually done, and from that experience might Counsel what was fit to be done, and thereupon formerly call'd Consul, and now Counsel or Counsellor, and fit to sit both in Privy Council or publick Parliament.

11. This Honour was still founded in me∣rit; by the estimation of Judgment, Experi∣ence, or Resolution; for what they had

Advised, Counsell'd, or Successfully acted, and therefore they were seldom made Viri Consulares till they were 43. years of age, and for such as had been thus Serviceable to the Empire, if a Consulship were not void, yet they had always some Offices or Rewards in store which they conferr'd proportionably to their Services; and such Rewards were purposely reserv'd for such as had either given good Counsel, or fol∣lowed it, by venturing their Lives and Fortunes for preservation of the Empire, and some such Orders were made in our Edw. the 3ds. time, and confirmed by ma∣ny Successive Councils, as may be read in Sir Edw. Coke, and Judge Dodridge.

12. There are also other lesser Councils, (besides what I mentioned before) as the Common Council of London, (and the like though not for number in other Cities) (which relate only to the Government of those Cities and Counsellors at Law, and the meeting (of such degrees as are qualified for that purpose) are called in some of the Inns of Court, Parlia∣ments, which relate only to matters of Law and Government of their Societies, and Councils of War and Trade, and ma∣ny of these are great Assistants and often imploy'd both in the Privy and publick Council of the Kingdom.

13. I have been the longer on this subject because all the Degrees hereafter mentioned are Members either of the Kings Privy Council or the Parliament, or both, yet their Writs of Summons are not singly Concilia∣rio, but by annexation to those Degrees which are capacitated to be Counsellors, but the Degrees mentioned in the Act (of whom I treat next) are constantly of the Privy Council or Parliament; but there are only some of the Parliament which are of the Privy Council, by which means matters are more easily manag'd between the King, the Privy Council, and the Parliament, the one constantly Sitting, the other Sum∣mon'd only upon Emergencies of State, which latter being thus Constituted, it may well be call'd Magnum Concilium Ani∣marum, or a Council of Souls rather than Bodies, so as the King may say with Cicero, Conscientia conciliorum meorum me Conso∣latur, i. e. The knowledge and Conscien∣tious concurrence of minds or Souls, (for so Conscientia sometimes siguifies) and in∣tegrity of my Counsellors are my Consolation.

14. In the first Chapter I have shewn the List of the Privy Council, who gave their Advice (as tis said in the Warrant) for Summoning the Parliament to begin the 8th. of May, 1661. and all but one of them had Summons, and did sit in the

Lords House, or were Elected for the Com∣mons House, yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland: The Duke of Laderdale (be∣ing a Scotch Lord) was not Summon'd till he was made Earl of Gilford some years after: The Duke of Ormond was Sum∣mon'd as Earl of Brecknock in Wales, the Lord Anthony Ashly Cooper was chosen a Burgess of Dorsetshire for the House of Commons, but his Writ was time enough to sit in the Lords House, Sir Charles Berkley Knt. was chosen a Burgess in So∣mersetshire, and soon after made Lord Fitz Harding, (an Irish Title) and so conti∣nued in the House of Commons to his death, Sir George Cartret Knt. and Bar. was cho∣sen Burgess for Portsmouth, and continued in the Commons House to the end of that Parliament, Sir Edward Nicholas Knt. was Summon'd to the Lords House, but Sir William Morrice was chosen Burgess for Plymouth, and continued with the Commons to his death. Now I proceed with the chief of such as are for the most part of the Kings Privy Council, (mention'd in the Act) and do with others of lesser De∣greees Constitute both the Privatum and Magnum concilium or Parliament.

SECT. III. Of the Princes of the Bloud.

IN this Act the King by vertue of his Kingly Office (for so is the word in the Act) and Prerogative,* 15.2 having power to give such Honors, Places, and Reputa∣tion to his Counsellors, and other his Subjects as shall seem best to his most Ex∣cellent Wisdom, (especially to his Coun∣cil or Parliament) gives the Priority of all Places and Precedings to these follow∣ing seven Degrees of the Bloud-Royal, viz. (1.) to the Kings Son, (first entituled Prince of Wales in the 11. Edw. the 3d.) (2.) to the Kings Children, (3.) to the Kings Brother, (4.) to the Kings Uncle, (5.) to the Kings Nephew, (6.) to the Kings Brothers Son, (7.) to the Kings Sisters Son, (all of these have Title of Earls or Dukes) and any one of these (where others in priority are wanting) are to be accounted the first in their own seven Degrees, and are Prior to the 5 fol∣lowing Degrees, which comprehend all the Lords Temporal, and these, as they happen to be more or less, have their di∣stinct Writs, as also their proceedings to

all or any other Degrees, either Spiritual or Temporal, Official or Hereditary, of whom I shall speak more in the following Sections and Chapters; but if there be a failour of any of these, or that they are absent from Parliaments in respect of Mi∣nority or otherwise, then some of the Lords Spiritual have precedency to the Lords Temporal, (as will be shewn,)

All that were Summon'd of this De∣gree to this Parliament, were only the Duke of York, the Kings Brother, and Prince Rupert his Sisters Son, Sect. Cap. 2. Fig. 1. and 2.

SECT. IIII. Of the Kings Vice-Gerent or Vicar-General.

[Obs.] THe words of the Act are, That forasmuch as the Kings Majesty is justly and lawfully Supream Head on Earth under God of the Church of England, and for the good Exercise of that most Royal Dignity and Office (viz. of Supream Head of the Church) hath made Thomas Lord Cromwel (who was not only Lord Privy Seal (as in the Act is exprest) but Master of the Kings Jewel-House, Baron of Ok∣ham,

Knight of the Garter, Earl of Essex, and Lord Great Chamberlain,)

2. His Vice-Gerent, (for the good and due administration of Justice to be had in all Causes and Cases touching the Eccle∣siastical Jurisdiction, and for the Godly Reformation of all Errors, Heresies, and Abuses in the said Church, so as he in∣joy'd Dignities and Offices of a mixt na∣ture, Ecclesiastical and Civil, and thereby was placed above all the Lords Spiritual, and above all the Lords Temporal of the following Degrees, and not only in re∣spect of his Temporal Dignities, but as Vice-Gerent in Ecclesiasticals) had power given him, and to his Successors in that Office, to sit above those Degrees in Par∣liament, and to have a Voice and Liberty to assent or dissent as other Lords.

3. But there hath been none imploy'd in this Office since that time, (as need∣less I conceive) for the Archbishops of Canterbury and York in their Provinces, and the Bishops in their Diocesses have ever since in a manner suppli'd the Duty of that Office under their own Titles and by their own Jurisdictions, especially the Archbishop of Canterbury, who is rankt in the next place in this Act, and in all Pawns (except this) where some of the Bloud Royal are not exemplars.

SECT. V. Of the Arch-Bishops and Bishops.

[Obs. I] THE Title of Bishop is more ancient than the Title of Christian, as I shall shew in the seventh Chapter; how∣ever it became more general after Christia∣nity spread it self.

[ II] The word comes from the Greek, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. one who is, in Doctrinam & mores sa∣cros gregis Inspector, and when Bishops grew numerous it was thought fit to place one to look after them, and he had the addition of Archos, i. e. principalis, and so call'd Archi-Episcopus, or Arch-Bishop, ha∣ving a certain number of Bishops and their Diocesses reduced to his Province or Care, [ III] so that the Arch-Bishop of Canterbury (with his own Diocess) hath twenty two Dio∣cesses, or Bishopricks (of the twenty six) within his Province, and the Arch-Bishop of York hath with his own (four) which makes in all twenty six, (besides the Bi∣shop of Man, who hath no Writ of Sum∣mons.) Anciently these Arch-Bishops and Bishops, with Abbots, Priors, Deans, [ IV] Arch-Deacons and Proctors (making the two Convocation-houses) were summoned to appear two days before the Temporal

Lords, but since Henry the Eighth's time, (when Abbots and Priors were excluded) the Bishops are summon'd to meet the same day that the Parliament begins, but as Convocation-houses, they are not sum∣mon'd to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parlia∣ment, and those two Convocation-houses are seldom Adjourn'd, Prorogu'd, or Dis∣solv'd in three or four days, and sometimes longer, after the two Houses of Lords and Commons are Adjourn'd, Prorogu'd, or Dissolv'd.

[ V] These Arch-Bishops and Bishops (con∣sidering them upon a Baronial account di∣stinct from the Convocations) are entred in all Clause Rolls and Pawns next the Blood Royal (except when there was a casual in∣terposition (as this last of Vice-gerent) and their places distinctly set down, as in this Act: viz. the Arch-Bishop of Canter∣bury, then the Arch-Bishop of York, and the other according to Seniority, or An∣tientry (as the word of the Act is) till the Bishops of London, Durham, and Winche∣ster, were (as by this Act) fix'd in their Precedencies to the other twenty one, and yet there is another method of Pre∣cedencies, us'd in the Lords House, and in all Solemnities, by way of counter∣changing

of Precedencies between the Lords Spiritual and Temporal, (as will be shewn.)

[ VI] These twenty six injoy their Offices of Bishops upon a Spiritual and Ecclesiastical account, and therefore are call'd Lords Spi∣ritual, their Ecclesiastical serving in ordine ad piritualia.

[ VII] These, for many Ages did manage the Offices of Chancellor and Keeper of the Great Seal, also of Treasurer, President, Privy-Seal, and Secretary, (of which I shall speak more) but since Henry the Eighth's time these five Offices have been distinctly manag'd by Laicks, of the chief∣est quality and merit, and the Bishops in a manner circumscrib'd to the Jurisdiction of their respective Diocesses, which are of a kind of mixt nature, consisting of Spiri∣tualities and Temporalities.

[ VIII] In the Lords House they have almost equal Prividledges with the Lords Tempo∣ral, except in matters of Blood, when in re∣spect of their Canons, they commonly with∣draw themselves, appointing Proxies and entring Protestation, but these Priviledges are not Hereditary, (like the Temporal Lords) but meerly Successive, and their Writs are somewhat of a different Nature from those to the Lords Temporal, (in point of extent concerning the Convoca∣tion-houses)

which do make a kind of a Parliament annext to a Parliament, (of which I shall speak more at large.) But how the Bishops were Summon'd may be read in the seventh Chapter.

SECT. VI. Of the Lord Chancellor, or Lord Keeper.

[Obs.] THis great Officer being not only re∣cited in this Act, but having a pe∣culiar Writ of Assistance in this and other Pawns? which the next Ten Officers follow∣ing have not (in respect of their Offices) I shall discourse more fully of him so soon as I have given a short view of the Ten re∣maining to be spoken of.

Edward Hyde, Baron Hyde, and Lord Chancellor, was Summon'd by Writ, Feb. 18. 1661. See Chap. II.

SECT. VII. Of the Lord Treasurer of England.

[Obs.] THis Officer being joyn'd also in this Pawn to the Earl of Southampton (then Lord Treasurer) and in former Pawns to other Degrees, and being intend∣ed to be discours'd of in the fourth Exem∣plar,

and in the fifth Section of the Barons of the Exchequer, I shall defer its inlarge∣ment to those Chapters.

Thomas, Earl of Southampton, Lord Treasurer of England, was Summon'd by Writ, Feb. 18. 1661. See Chap. II.

SECT. VIII. Of the Lord President of the King's Council.

[Obs. I] THis Officer from the time of King John was call'd Principalis and Ca∣pitalis Consiliarius, and so continu'd till Queen Elizabeth's time, and after not us'd, till once in King Charles the firsts time, and ever since, to the end of this Parliament, the Lord Chancellor or Lord Keeper hath supply'd the duty of that Place, though not the Title; the difference of granting them was, that one was always by Patent, and the other only by delivery of the Great Seal.

2. There are also other Lord Presidents which sit in the Lords House, viz. the President of Wales, and President of the North, but being not mention'd in this Act, and the latter not sitting in this Par∣liament, I refer them to my Annotations, as also other Presidents of lower Degrees, as of Colleges, &c.

SECT. IX. Of the Lord Privy-Seal.

[Obs.] IN Edward the Third's time, and long after, this Office was call'd Keeper of the Privy or Private Seal, distinguishing him from the other, call'd the Keeper of the Great Seal; afterward he was call'd Clerk of the Privy-Seal, (Clerk being then a Title of Eminency) and Gardien del Privy-Seal, and in 34 H. 8. Lord Privy-Seal.

2. He hath his Office by Patent, but the Keeper of the Great Seal (as I said) only by delivery of that Seal, and 'tis very pro∣bable that this Office was in imitation of that which was us'd by the Romans, the Officer whereof was call'd Comes privato∣rum, and as Cassiodore calls him, the Go∣vernour of the King's private Affairs.

3. Whilst the Court of Requests was in use he was also call'd the Master of it, being Master or Superiour to the Four Masters of Requests, who were to receive, peruse, and present all Petitions to the King, or to the Parliament in time of Parliament, and direct the Petitioners in the right way of proceeding in their business, and for want of this direction many men are ruin'd

by crafty and unskilful directors, and the Parliament troubled with needless appli∣cations; for I conceive this Court was plac'd (as will be shewn) between the House of Lords and House of Commons for the Masters to sit there in time of Par∣liament, as Tryers of Petitions to either House, and were to judge, whether the mat∣ter was proper for either House, or any o∣ther Court, which doubtless did take off a great expence of time from both Houses, and from intangling them in matters which were properly relievable in other places.

4. There are three forts of Seals which are chiefly us'd for publick Affairs; two of them pass under the names of Privy or Private, the other, the Great or Broad-Seal: yet for a clearer distinction, one of the two is call'd the Privy Signet, and hath four Clerks to at∣tend its Office, the other the Privy-Seal and hath also four Clerks to attend its Office; and the third is call'd, (as I said) the Great Seal, and hath properly six Clerks to at∣tend it, but increas'd to many more. The Privy Signet is under the Custody of the Chief Secretary of State; the Privy Seal, under the Custody of the Lord Privy Seal; and the Broad Seal under the Custody of the Lord Chancellor, or Lord Keeper, so as most matters which concern a declara∣tion of the King's pleasure in writing, do

take their rise from the Privy Signet, and from thence transmitted to the Privy Seal, and from thence to the Great Seal, to re∣ceive its determination.

5. But to pass by all private or publick Matters about which these three Officers are concern'd, this is certain, that the Clerks of these three Offices (excluding none) in some form or other are concern'd in the Warrants and Writs, &c. for the Summon∣ing every Parliament.

6. When the chief Officer of this Of∣fice did pass under the Title of Keeper, or Clerk of the Privy Seal, most of them were Ecclesiasticks, yet having this Of∣fice, he had his Writ of Summons and Place in the Lords House, as may be col∣lected from the Rolls of 15 Edw. 3. when Sir William Keldsly was Keeper of the Privy Seal, and 20 Edw. 3. when Mr. Jo. Thores∣by was call'd Clerk of the Privy Seal, and from 28 Edw. 3. when Sir Michael of Northumberland was Keeper of the Privy Seal, (Sir being an Epithite given in those days to the Clergy) and still in use in the Universities for Batchelors of Arts) and from 11 R. 2. and 1 & 2 H. 4. when Sir Richard Clifford was Keeper of the Privy Seal, and these had Writs, and from 3, & 4 H. 6. a Writ was expresly sent Magistro Willielmo Alrevill Custodi privati sigilli,

and from that time (the Rolls and Pawns which speak of them are dormant or want∣ing) to the Pawn of 30 H. 8. when the Writ to John; Earl of Bedford, is there entred Castos privati sigilli, and he being so in 31 H. 8. (when the Act was made) his Precedency was setled as is therein shewn) and there first intituled Lord Privy Seal, and so this Officer hath continued in that addi∣tional Title of Lord to this time. However in the Latin Writs he is styled only Custos privati sigilli, without the addition of Domi∣nus, and so in the very Pawn of that year, and in 36 H. 8. and is no more mention'd in any of the Pawns, till 6 and 7 Edw. 6. when John, Earl of Bedford, was still Cu∣stos privati sigilli, and from that time those Pawns which are extant do not mention that Officer, till 1 Car. 1. when Edward, Earl of Worcester, was entred Custos privati sigilli; and 15 Car. 1. when Henry, Earl of Manchester, was Custos privati sigilli, and had their Writs; but in this Pawn of 13 Car. 2. none is mention'd, and yet the Lord Roberts was then Lord Privy Seal, so as it was an omission of the Clerks, as I conceive.

7. Most of the Keepers of the Privy Seal (as I have observ'd) were Ecclesiasticks before 30 H. 8. but since that time this Office hath been conferr'd only upon such

as were Temporal Lords, above the degree of Barons, and not under.

8. This great Officer hath also an appart∣ment near the Lords House, for his acco∣modations, and sometimes us'd for the Lords Committees, as will be shewn.

9. These four last mention'd are plac'd in this order in the Lords House, whether or not they be of any of the Noble De∣grees. John, Lord Roberts, of Truro, Lord Privy Seal, was Summon'd by Writ of Feb. 1661. See Chap. 2.

SECT. X. Of the Lord Great Chamberlain of England.

THE five foregoing Officers of State, viz. Vice-Gerent, Chancellor, Trea∣surer, President, and Privy Seal, were an∣ciently chosen out of Ecclesiastick De∣grees, but those which I am now to speak of (except the Secretaries, being for the most part also Clergy-men) were chosen out of Laicks, persons of the greatest Me∣rit, Fortunes, or Families, and had their Places as they were annext to the Degrees of the Nobility.

2. The learned Institutor saith, that if the King gave Lands to a man, to hold of him

to be Chancellor of England, Chamberlain of England, Constable of England, Mar∣shal of England, or High Steward of Eng∣land, &c. these Tenures were call'd Grand Sergeanties, and these and such like Grand Sergeanties were of great and high Juris∣dictions, some of them concerned matters Military in time of Wars, and some servi∣ces of Honour in time of Peace.

3. This Officer ever was, and still is in great Veneration and Use, and I conceive, though now most of his Imployments are about the King's Court, yet the word Ca∣merarius, which we call Chamberlain, was like to that among the Romans, call'd Co∣mes Aerarij, and had such relation to the Treasury of the Kingdom, as the Cham∣berlains of London, and the Chamberlains of the Palatines of Lancaster and Chester have to their distinct Treasuries (of which I shall speak more fully in order (as also in my Annotations) and I apprehend that these great Officers need not Writs, be∣cause it is requisite these should be always attending on the Kings Person; but when they are otherwise commanded to his Im∣ployments in their Offices, and there is scarce any of them, especially this, but are so glutinated to some Noble Person, that it cannot be said whether the Writ be more in respect of the Office, or

Person that Manageth that Office.

4. This Office was injoy'd for many Successions by the Earls of Oxford (till Ri∣chard the Second by violence took it away) the House of Commons, 1 H. 4. pray'd the King, that it might be restored to Richard, then Earl of Oxford, being (as it was then alledged) his due Inheritance, yet in 1 H. 6. that King granted it to the Duke of Glo∣cester, the 36th of Hen. 8. the Writ was to Edward, Earl of Hertford, Magno Ca∣merario Angliae, and 1 Edw. 6. to John, Earl of Warwick, Magno Camerario An∣gliae. Afterwards, by a Match, it was hereditated to the Family of the Ber∣ties, who, after some disputes about the Title, did sit in Parliament, in the time of Charles the First and this Parliament, as Earl of Lindsey, and Lord great Cham∣berlain of England, whereby one part which his Lordship is to act (as his Pre∣decessors had done) is to take care, that all things be provided in the House of Lords that may suit with the Grandeur and Con∣veniencies of the Persons who are there to be imploy'd, and for that and other pur∣poses he hath also an Appartment near the Lords House, as will be shewn.

5. Montague (Bertie) Earl of Lindsey, Lord Great Chamberlain of England, was sum∣mon'd by Writ, Feb. 18. 1661. See Cap. 2.

SECT. XI. Of the High Constable of England.

IT may be well suppos'd, that Constabu∣larius Angliae, was instead of Comes stabuli amongst the old Romans, which was commonly taken for the Master of the Horse to the Emperour, and is a Place still of great Honour in most parts of Eu∣rope; but I conceive he was rather call'd Comes stabuli, as an Officer or Office of refuge, for so stabulum also signifies. How∣ever for many Ages this Office was held in Grand Sergeanty by those persons here∣after nam'd, but in 12 H. 8. it became forfeited to the Crown, and since that ne∣ver granted to any Subject, but pro hac vice, at some Solemnities, as at the Co∣ronation of King Charles the Second, in April 1661, a little before this Parliament, Algernoone Piercy, Earl of Nortbumber∣land, was made High Constable of Eng∣land, pro hac vice, for with the Ceremony of that day his Office ended; and Henry the Eighth, I conceive, did enter it in the Act of 31 of his Reign, that in case there should be any use of this Officer, when any such Solemnity happen'd, in time of Par∣liament, his place might be known with∣out dispute.

3. Before the 13th. of Henry the 8th. in some respects it had a greater power than the Earl Marshal, and in others equal to it, and so the extravagant parts being taken away, the rest fixt in the Earl Mar∣shal, (of whom I shall speak next) how∣ever it hath left a name of great honor and use; those of Honor are the Constable of Dover, &c. those of Use are the high Constables and Constables disperst in all parts of England.

4. Whilst this great Officer was of con∣stant use, he was constantly summon'd to Parliaments, viz. 50. E. 3. Thomas de Woodstock, Comes de Buck, Constabularius Angliae, and so that 1.3. and 4. Ric. 2. & Thomas Dux Glostriae, Constabularius Angliae, 17. R. 2. and the 1st. of Hen. the 4th Henry Percy Earl of Northumber∣land Constab. Angliae, and the 2d. of Hen. the 5th. and 1. H 6. Summons to Humphrey Duke of Gloster Const. Angliae, and to John Duke of Bedford Const. Ang∣liae 2. H. 6. and from thence again to the Duke of Buckingham Const. Angliae, but from thence to the 20. of Hen. the 8. there are no Pawns, as I said, to guide us to the knowledge of such as were summon'd to the intervening Parliaments, but it appears by other Records that in the 13th. of Hen. the 8. this Office of

Constable of England was turn'd into an hac vice, and so only granted upon the Solemnity of Coronation, and thereupon is not mention'd in any following Pawns to this time, or was of any use in this Par∣liament.

SECT. XII. Of the Earle Marshal of England.

THis great Officer hath not so great a Latitude of power as the Con∣stable of England had, yet he hath un∣der his Jurisdiction the Care of the Com∣mon Peace of the Land, in deeds of Ams and matters of War, (when it happens in Forraign or Domestick parts) in most of which he is guided by the Civil Laws, and yet not to do any thing repugnant to the Common Laws. In times of War he is more absolute, in times of Peace less: this mane of Marshal ('tis very probable) had its Original from Mars the Romans God of War, and was the same which they call'd Comes Militum.

2. However with us this Great Offi∣cer had and hath several Courts under his Jurisdiction, viz. the Court of Chevalry (now almost forgotten) and the Court of

Honor (now quiet layd aside) but the Sedes Mariscalli or Court of Marshalsee is still in being (where he may sit in Judgment a∣gainst Criminals offending within the verge of the Kings Court) and the chief Officer under him is call'd the Knight Marshal.

3. As also the Herauld Office or Col∣ledge, where when doubts arise, con∣cerning Descents, Pedegrees, Escuchteons, &c. he determins them; this was Incor∣porated by Ric. the 3d. and many prive∣ledges added by Philip, and Mary, 4. and 5.

4. Heraulds amongst the old Romans were a certain Order of Priests, (call'd Faeciales) and so term'd because Bello pa∣ce{que} faciendo apud eos jus erat pronuntiare, &c. they were also call'd Caduceatores, (from a little wand, which they carried) whereon was fixt two wings to represent Mercury, (the nimble Messenger of War) & quod Contentionem & Bella Cadere facerent.)

5. This Office or Colledge consists of 3 Regulators of Arms, Ceremonies, Pede∣grees, and Descents of Nobility and Gent∣ry; the first is call'd Garter Rex Armorum Principalis, chief King at Arms, and is al∣so an Officer to the Soveraign, and Knights Companions of the most noble order of the Garter: the 2d. call'd Clarentius also King of Arms, but his Jurisdiction is only on the Southside of Trent; The 3d. call'd Norray,

also King of Arms for the Northside of Trent; these two being confin'd, but Gar∣ter not consin'd.

6. Besides these, there are 6 more proper∣ly call'd Heraulds, quasi Honorem tenentes, Haeredes Aulae dicentes, such as are able to give an account to the Court, of Heyres to Families, and these have distinct Titles distinguishing their Imployments, viz. 1. York, 2. Lancaster, 3. Somerset, 4. Rich∣mond, 5. Chester, 6. Windlesour.

7. And there are also 4 Under Graduats call'd Pursevants, or such who with readi∣ness do pursue the Commands of their Su∣perior Officers, properly in Marshal Cau∣ses) and therefore call'd Pursevants at Arms, to distinguish them from other Pur∣sevants or Messengers from other Courts, and these 4 have also 4 distinct Titles. viz. Blewmantle, 2. Rougecross, 3. Rouge-Dragon, 4. Portcullis; but of the Earl Marshal, and Heraulds, I shall speak more as they are imployed in Parliamentary Ceremonies.

8. There is no doubt but these Earls Mar∣shals have for many ages sat in Parlia∣ments, viz. the Duke of Norfolk, Marshal of England, was summon'd 15 Ed. 2. But 11 R. 2. the Title of Earl Marshal of England being by Patent granted to Thomas de Mow∣bray, Earl of Nottingham, and entail'd on the Heirs Males of his Body, which failing,

yet the Title of Mowbray descending on Thomas Earl of Arundel, King James did by Pattent make him Earl Marshal for life, and he was Summon'd to Parliament by both Titles, but he dying, Thomas Earl of Arundel and Mowbray Grandson and Heir to the said Thomas had no Writ pro∣vided for him, in Feb. 1660 when this Pawn was made, being then suppos'd to be a Lunatick, and upon that account kept close at Padua in Italy; but soon after by the Solicitation of Henry Howard (next Brother and Heir to the said suppos'd Lu∣natick) the Dukedom of Norfolk was re∣stor'd after a long Attainder, and by Act of Parliament settled on the said Thomas the Grandson, and the said Henry being soon after created Earl of Norwick, did manage the Office of Earl Marshal, and had a Patent for the same from this present King Charles, therein setling this Office upon him and the Heirs Males of his Body, with a large Intaile for want of such Issue to the next Heir Male of that Noble Family. So Henry was Summond about the middle of this Parliament as Earl of Norwich, with the Title also of Earl Marshal, and Duke Thomas, dying at Padua about the end of this Parliament, Henry the Brother suc∣ceeded in the Dukedom, and sat as Duke of Norfolk, and Henry the Eldest Son of the

said Duke Henry, being then intituled Earl of Arundel, did sit as Earl of Arundel and Lord Mowbray, so as that Title of Earl Marshal is in Duke Henry, and the Title of Mowbray in the Earl of Arundel, and that Title of Earl Marshal only inpossibili∣ty to come again into Mowbray. And this may be added, that during Duke Thomas his Life James Earl of Suffolk by Deputation did execute that Office for reasons which I leave to other Writers.

SECT. XIII. Of the Lord Admiral of England.

[Obs. I] THE Kings of England do constantly make Admirals of Squadrons of Ships, but the Admiral which I am here to speak of, is the highest of all, intituled the Lord Admiral of England, and may be well call'd Admirals, from their seeing and knowing the mirabilia, or Wonders of the Deep. The Greeks call'd this Officer Thalassiarcha, from Thalassa, the Sea, and Archos, the Chief at Sea, and from thence the Romans (according to the Latin Idiom) call'd him Thalassiarchus, and of later days Admirallus (which is no Latin word) and in English Admiral.

2. To him is committed the Government of the King of England's Navy, and Power to decide all causes Maritim, as well Ci∣vil as Criminal, and of all things done on, or beyond the Seas in any part of the World, and many other Jurisdictions on the Coasts, and in Ports, Havens, and Rivers, and of such Wrecks and Prizes as are call'd by the Lawyers, Lagon, Jetson, and Flotson, that is, Goods lying in the Sea, floting on the Sea, or cast by the Sea on the shore (admitting some few ex∣ceptions and Royalties granted to other Lords of Mannors.) And these and all other Cases dependant on this Jurisdiction are determin'd in his Courts of Admiral∣ty, by such Rules of the Civil Law as do not invade the Common Laws of Eng∣land.

3. And of these Civil Laws which con∣cern Sea assairs there are two most emi∣nent Guiders to Civilians, viz. Those made at Rhodes (in the Mediterranean) by the Grecians, and augmented by the Romans, call'd Lex Rhodia, or the Rho∣dian Law. The other made at Oleron (an Island anciently belonging to England, but lying on the borders of France) by out King Richard the First, both of which are still in great veneration.

4. So as well for the Laws by which he

governs the Maritim concerns, as for his great Jurisdiction, being as vast as the Ocean, he may be said to have alterum Imperium, extra & intra Imperium, and therefore this Honour and Care is intrusted to the hands of some one of the Blood Roy∣al, or some one or more joyntly of the most eminent of the Nobility.

5. And in respect of this Power there is a constant Converse and Commerce with all parts of the World, especially where the Civil Laws are practis'd, and therefore it hath been the prudence of our former Kings (even to this day) to allot him a place in the Lords House, as to the Mar∣shal of England, (for both of their con∣cerns are chiefly manag'd (as I have shewn) by the Civil Laws) so as the Lord Marshal and Lord Admiral may be look'd on as the two Supporters to the learned Professors of those Laws, as the o∣ther Lords are to the Professors of the Com∣mon Laws, and possibly the greatest number of the Masters of Chancery (of whom I shall speak in order) (who sit in the Lords House) were originally contrived to be Doctors of the Civil Laws, upon this ground, That if there were at any time just occasion in that House to make use of any points in that Profession, they might give their advices or opinions therein.

6. This Dignity, as I said, was ever con∣ferr'd upon some of the chief Nobility, by vertue whereof they had their Writs of Summons, and their Place in the Lords House, and this long before the Act of Precedency, for we find the Earl of Arun∣del, in 13 Edw. 3. and the Earl of Nor∣thumberland, in 7 R. 2. the Earl of Devon, and Marquess of Dorset in the same Kings time, and so the Earls of Salisbury, Shrews∣bury, Worcester, and Wiltshire, and others of the like Degrees recited in the Clause Rolls, (needless to renumerate) being Admirals were summon'd, and in our ex∣tant Pawns, in 36 H. 8. Johanni Dudley, Vicecomiti Lisle, Magno Admirallo, and in 1 E. 6. Tho. Dom. Seymer, Magno Admirallo, and in 7 Edw. 6. Edv. Fenys, Domino Clinton, Magno Admirallo, and in 1, 2, 3, 4, Mariae, & Phil. & Mar. Gulielmo Howard de Effing∣ham, Magno Admirallo, and in 4 & 5 Phil. & Mar. Edw. Fenys (again) and Charles, Earl of Nottingham, in Queen Elizabeth's time, and George, Duke of Buckingham, in King James's time and King Charles the First's time, were still summon'd to Par∣liament with the Title of Admiral added to their hereditary Titles in their Writs, and to this Parliament, Jacobo, Duci Ebor. Magno Admirallo, &c. And all these had their places in the Lords House according

to the Act of Precedency, as those before the Act was made.

This Office was conferr'd on the Duke of York for this Parliament. Vid. Cap. 2.

SECT. XIV. Of the Lord Steward of the King's House.

AS for the Orthography and Etymology and Antiquity of this Title Steward,* 15.3 I shall refer them to my Annotations. However as it is sometimes writ with a T, and some∣times a D, it is under four Considerations; the first, as it represents a Royal Name and Family, and therefore for distinction, this is writ Stewart with a T, and hath the su∣perintendence, chief interest and influence in all Parliaments since that Name was of that use in England.

2. The other three are Titles official, and written Steward with a D: and as a fur∣ther distinction from the first, in Latin they are call'd Seneschalli, and this, the chief of the three, is call'd Seneschallus Angliae, or Lord High Steward of Eng∣land, of whom I shall give a full account in the Chapter of the Trials per Pares, and shew how this great Officer is imploy'd either in or out of Parliaments.

3. The last and least Degree of the 3 is call'd also Senescallus, such as are the Stew∣ards of Corporate Towns, or Mannors which are not concern'd in the Summons, or of use in Parliaments, otherwise than as considerable Assistants in Elections of Members to serve in Parliaments; But the Lord Steward of whom I now speak was call'd in H. the 8th. time, Magnus Magister Hospitij Regis, or the Great Master of the Kings Houshold, and ever since Magnus Senescallus Hospitij Regis, or the Lord high Steward of the Kings House, and he hath not only an eminent Employment, Trust, and Authority, in ordering the Kings Houshold, but an Authority above all Officers of that House, except the Chappel, Chamber, and Stables, but in all Parlia∣ments is obliged to attend the Kings Per∣son, to adjust their Parliamentary ex∣pences, (Westminster being anciently the Kings Court, and still within its Verge and his Lordships Jurisdiction.)

4. His place is appointed by the Act of Precedency in this order; not but that he was Summon'd to Parliaments before that Act, as may be seen in several Clause-Rolls of Rich. the 2d. &c. but after the said Act, viz. 36. H. 8. Charles Duke of Suffolk was Summon'd, and his Writs di∣rected Magno Magistro Hospitij sui, but

after that, as in this very Parliament 1661. the Writ to the Duke of Ormond was Jacobo D'no Brecon, (being his English Title by which he sits in Parliament) Vid. Cap. 2. Senescallo Hospitij, (Magnus Magister & Senescallus, being still the same Officer, though varying in Title.

SECT. XV. Of the Lord Chamberlain of the Kings Houshold.

THat High-Chamberlain before menti∣oned is called Magnus Camerarius,* 15.4 but this hath not that Epethite of Magnus, and yet his authority is very great within the Verge of the Kings Court; so that though there is some Subordination, yet in many great Regalios he hath an in∣tire command, and even in some things which concern the conveniency of a Par∣liament, (and its places of Addresses to the King) that the furniture of the Rooms may be sutable to the Majesty and Gran∣dure of such as are imployed there.

2. He hath been anciently summon'd to sit there, as may be seen in the Clause-Rolls of the 25. and 27. and 28. of Edw. the 3d. in the Summons of Sir Bartholomew

Bergehurst Camerario Hospitij, he being also Guarden of the Cinqueports, and in 1. H. 4. to Sir Tho. Erpingham, Baneret, Camerario Hospitij, he being also Guarden of the Cinqueports, and so the 10. H. 6. to Radulpho Cromwel Chevalier or Baron, Camerario Hospitij, I might instance ma∣ny others, but I shall skip as the Records do to the Act of Precedency, 31. H. 8. where he is call'd the Kings Chamberlain, and in the Pawns of the 36. H. 8. the Writ was Carolo Duci Suff. Magno Magistro Hospitij sui & Praesidenti Consilii sui, (and in the same Pawn which may be observa∣ble, the Office of great Chamberlain of England was supplied by Edward Earl of Hereford, of a lesser Degree than a Duke) in the 6. and 7. Edw. 6. the Writ was Tho. D'no Darcy Chevaleer Camerario Hospitij sui, and in the 43. Eliz. to Tho. Cary Lord Hunsden, Camerario Hospitij, and conti∣nues in the same Office, he was Summon'd again primo. Jacobi, and in the 15. Car. 1. Philip Earl of Penbrook was Summon'd, Camerario Hospiti sui, and to this Par∣liament, first Edward Earl of Manchester, Camerario Hospitij, then Henry Earl of St. Albans Camerario Hospitij, and after him Hen. Earl of Arlington, Camerario Hospitij, who continued his place and precedency in this Parliament to the Dissolution of it.

3. Edward Earl of Manchester Lord Cham∣berlain of the Kings Houshold was Sum∣mon'd so by Writ 18. Feb. 1661. Vid. Cap. 2.

SECT. XVI. Of the Principal Secretary of State.

HE brings up the Honourable Rere to all the 12. Officers of State, both in this Act of Precedency and in the Pawns, and therefore I may the more justifiably defer my Discourse of him, till I come to his Writ of Summons, and past the method of the Pawn, as I have done the method us'd in the Act of Precedency, and so conclude these Sections with some few Observations.

Observations.

WHen the Act of 31. H. 8. was made,* 15.5 the State Officers (though now but 9 in use, were then 12. a Number (as I shall shew) agreeable to the 12 Judges, 12 Masters of Chancery, 12 Con∣stituting a Jury, and much more of the efficacy of that number, (cited by the Learned Institutor and Petrus Bongus de Sa∣cris Numeris) and this number is thus used by us, as tis thought, in veneration, either

to the 12 Tribes of the Jews, or 12 Ta∣bles Sacred among the Old Romans, or to to the 12 Apostles of the Christian Religi∣on, or 12 Signs in the Zodiack reverenct in Astrology

2. That if the Writs to any of these Officers, be to any of the Lords Spiritual, or such Officers as have usually consisted of the Clergy, as the Lord Chancellor or Lord Keeper, the Lord Treasurer, Lord Privy Seal, then the Writs were like the Assistants Writs to the Judges, (of which I shall speak in order) but if any of these Offices be executed by any of the Temporal Lords, then the Writ is the same as to that noble Person to whom the Office is anext, or if any be Summon'd meerly virtute Officij without annexation, to the Degree of some Lord Spiritual or Temporal Lord, then the Writ is only as an Assistant Writ, and they sit in the Lords House but as Assistants without Vote, &c. as will be shewn.

3. Sir Edward Nicholas Knight was summon'd by Writ dat. 18. Feb. 1661. Vid. Cap. 2. and now I proceed to the fixt Nobility, call'd Lords Temporal.

CHAP. V.

SECT. I. Of the Degrees of Nobles.

[Obs.] I Have given a short Character of the Grand Officers and Ministers of State, and now according to the Act of Prece∣dency, I shall speak of the fixt Nobility, as they are consider'd in Distinct Degrees; and these are not mention'd distinctly in the Kings Warrant for Summoning a Par∣liament, but referr'd therein to the Lord Chancellor to distinguish them by their Writs.

1. As for the Nobility in general, most Authors derive the word Nobiles or Nobles in the Plural, from Noscibiles, viz. Viri Nobi∣les or Persons indu'd with great knowledge than other men, and so conceive it may ad∣mit of another Etymology, viz. Nobilis, quasi Non-bilis, i. e. men of such debonair and complacent tempers, and so much Masters of their passions, that they are not (in respect of their better Education) subject to choler, wrath, or fierceness, (for so the word Bilis is Englisht) but of even and serene tempers, which dispositions are

fittest for Affairs relating to Government: but to pass these niceties, the Question is amongst some.

2. How far the Degrees of No∣bility do extend? which is partly re∣solv'd by Sir Tho. Smith in his Republica, who saith there be two sorts of Nobles, viz. Majores and Minores, (and this was according to the Old Romans,) the Majo∣res he calls the fixt Hereditary Nobles di∣versifide into 6 Degrees, viz. Princes of the Bloud, (of whom I have spoken in Cap. the 4th.) Dukes, Marquesses, Earls, Viscounts and Barons, (not of the Bloud) and descend no lower, and these are ca∣pacitated by such Creations and Writs to sit in the Lords House. The Minores he begins at Knights, (for he wrote before Baronets were known) Esquires, and Gentlemen, and descended no lower; and out of these, the Knights, Citizens, and Burgesses for Parliaments are Elected and Compos'd, and thereby capacitated to sit therein, as the Representatives of the Commons of England: but of these Nobiles Minores I shall speak more in the second part of this Treatise; but of the Majores now in their Order, which consist of 5 Degrees, besides those of the Stem Royal, (of which I have spoke) and first of Dukes.

SECT. II. Of Dukes.

BEfore I proceed to the Writs of Sum∣mons to the Individuals of these De∣grees,* 15.6 I shall give a brief description of the nature of them; and first as for the word Duke, it is the same with Dux in Latin, (from Duco to lead) for they were antiently Leaders of Armies, and thereby gain'd that Title, (as might be shewn from Histories) and were it not for hindering my other intentions, I might recite most of the Learned Seldens Authorities, (which he hath rendred from other Authors con∣cerning Dukes) but in short he tels us that Comes i. e. a Count or Earl was esteemed of an higher quality than Duke, and that Earl was chief in Matters Civil, and Duke in Matters Military; but in process of time the Sword got the upper hand, and prioritie of Earl; and further saith that both Dukes and Earls from Substitutes to their Princes, (in certain dependent Terri∣tories) became afterwards Soveraigns, (as the great Duke of Tuscany, &c. and the Earl of Flanders, &c. (still owning the Titles of Dukes or Earls, though they

had gain'd an intire and independent So∣veraignty.)

2. The diversity of Names attributed to Dukes, both in sacred, prophane, and modern stories, were according to the humour of the region where they sway'd; for in some Nations he was call'd Princeps, Magnus, Illustrissimus, Robustus, Mille∣narius, (that is a Duke, or Leader of a Thousand Men) in other Countries, Grave, Waiward, and Despot, and still the words Duke and Earl, promiscuously us'd to one and the same Person: but whatever they were or are in foreign parts, Dukes are now in England accounted the chief and most honourable Subjects, and first Degree of Nobility (except Princes or Dukes of the Blood-Royal) and, as a distinction from the rest, is call'd Grace) given to no other Spiritual Lord, but the Arch-Bi∣shops of Canterbury and York, and to no other Temporal Lord, (except to the Lord High Steward, pro hac vice, upon tryal of Peers) for the Princes and Dukes of the Blood, are intituled Highness, and all the other Temporal Lords, Right Honourable, but any of those being Admiral or General, Excellence.

3. The Title of Duke was very probably us'd here in England before Edward the Third's time; for History tells us of Ascle∣piodolus,

Duke of Cornwal, in Anno Christi, 232. (which was in the time of our old Britains) and well might he be call'd Duke, for disgarrisoning of all the Roman Holds,* 15.7 and for his quick Marches to London, and killing the Governour there∣of, and for many other Heroick Actions, in freeing his Country from their Servi∣tude. However, there were many Dukes Created in Germany about that time. But our History tells us, That none was Crea∣ted a Duke in England,* 15.8 till 11 Edw. 3. An. Christi, 1344. when the King in Parlia∣ment Created his eldest Son, Edward, (be∣ing first made Earl of Chester) then Duke of Cornwal, and from thence that County was erected to a Dutchy or Dukedom, and many more Dukes, both in that King's time, and almost in every Kings Reign since that time, have been Created to that Title.

4. The Dukes of England are of two sorts, first, those of the Blood Royal, i. e. such as have a possibility to inherit the Crown upon a legal succession. 2dly, Those not of the Blood Royal, i. e. such as are not related to the Succession of the Crown, or at least so remote, that it is not visible to meer probability; and these two sorts have sat in former and in this Parliament, as will be shewn.

5. As they are distinguish'd in their Titles, so they are also in their Coronets, Robes, and Habits, &c. with which they are in∣vested before they enter the House of Lords, (which will be in the third Part of this Treatise represented in Figures.)

6. Here I must not pass over one obser∣vable, That to this Parliament of 13 Car. 2. there were three Dukes summon'd by Writ, viz. George, Duke of Bucking∣ham, Charles, Duke of Richmond, and George, Duke of Albemarle; the Duke of Buckingham was then Master of the Horse, the Duke of Richmond of the Blood Royal, by the Scotish Line, yet neither of those two appendant Titles were mention'd in their Writs; but George, Duke of Albe∣marle, in his Writ is intituled, Generalis ex∣ercituum suorum, and is plac'd the third in that Record, and the reason may be, be∣cause there was no provision for that great Office in the Act of Precedency, whereby to preceed all of the same degree (as other degrees do) (being a Title not mention'd in the Act, though on some occasions he preceeds by vertue of his Office the other grand Officers) and so being not in the Act he is named in this Pawn the last of the three Dukes, without respect to his Office of Generalship. Nor do I find in any Clause Roll, or Pawn, the Title of Ge∣neral

annext in any Parliament Writ to any one of the Degrees (except this) though History does plentifully furnish us with several persons of those several Degrees who were Generals when Parliaments were summon'd; and yet, as I said, there is no provision in this Act, for the Place or Pre∣cedency of this great Officer, as there is for the Marshal, Admiral, &c. although his great merits might well have deserv'd an additional Clause to that Act for his precedency.

7. Three Dukes were summon'd 18 Feb. 1661. as in the Pawn, vide cap. 2. The next Degree to Dukes are Marquesses.

SECT. III. Of Marquesses.

THe third Degree of the Hereditary and fixt Nobility, is intituled, Mar∣quio,* 15.9 (and Marquess in English) which be∣gan in Germany, Anno Christi, 925. when Henry, (Emperour of Germany) and the first of that Name in that Empire) Crea∣ted Sigefred (then Earl of Kinglesheim) Marquess of Brandenburgh; who after, in the Year 1525. having the addition of Duke of Prussia, did exchange the Title

of Marquess, to be call'd Duke of Bran∣denburgh: However, he was the first Mar∣quess of that Empire, and probably the Emperour did fix this Title between the Dukes and Earls, that there might be no more disputes concerning them; for the two Titles of Duke and Earl were promis∣cuously us'd till this Title of Marquess was interpos'd; and the same reason might also occasion Philip the Fair, King of France, 425 years after, viz. Anno Christi, 1350. to insert into John, Duke of Bri∣tain's Patent: Ʋt ne posset (saith the Pa∣tent) in dubium revocari Ducem ipsum (qui Comes fuit aliquando, &c.) ut Ducem in po∣sterum deberet vocari, &c. and the reason is therein given,* 15.10 Quod Comitatus ejus potius debet duci & esse Ducatus, quam Comita∣tus, quoniam sub se habet decem & ultra Comitatus, and 56 years after, viz. Anno Christi, 1386. This might occasion also our Richard the Second, to make Robert d'Vere the first Marquess of England by Creation, and hereby the dispute between the two Titles of Duke and Earl, or Comes, was setled both in the Empire, in France, and in England, by the interpos'd Title of Marquess.

2. From whence this Title is derived, there are several conjectures, but most agree, That it comes from Marken, or Mark, or

March, (High Dutch words) signifying with them as with us, a Mark or Limit, and from thence he that was deputed Go∣vernour of that Limit or Mark which he was to take care of, and preserve, was call'd a Marches, or Marquess, and the Territo∣ry under his Jurisdiction, a Marquisate, and to this day the Marquisate of Branden∣burgh is divided into three Marks, or Marches, viz. Alte-Mark, or old March,* 15.11 the middle Mark, and the new Mark, or March: and we in England do still call such kind of Limits by the name of Marks, or Marches, viz. the Marches of Wales, and the Marches of Scotland, which were Fron∣tiers to be defended against the Scots and Welch; and some would derive Marquess from Mare, the Sea, because their Marken or Limits were juxta Mare posita, and the learned Selden (in his Titles of Honour) likes it well enough, that Marquess should be derived from Marken, but not Marken from Mare.

3. But I must not ravil into Disputes of this Nature, and therefore shall re∣fer them to his Book, and my Annota∣tions, and conclude this Section with this, That as most Sir-Names are deriv'd from some significant word or words, so these noble Titles (without derogation to their other Titles) are from some signal

Action, as a Duke from leading an Army; a Marquess from Maris acquisitio, (a gain∣ing something from the Sea, or preserving something against the Sea) and so of the other Titles (as will be shewn) and there∣upon had condignal Honours conferr'd on them, to testifie their Imployments, which are since (as Memorials of their Merits (therein become hereditary.

4. Four Marquesses were summon'd, 18 Feb. 1661. as in the Pawn, vide Cap. 2.

SECT. IV. Of Earls.

THe learned Selden tells us,* 15.12 (as I have shewn) That the Titles of Dukes, and Counts, or Earls, were promiscuously us'd as well in foreign parts as in England, till the Title of Marquess was interpos'd; and it is agreed, that Comes is the Latin word for Count, (in whatever Territory that word is us'd) and that Count is de∣riv'd from Commitatus, or County; and Co∣mitatus from Committo, denoting the par∣ticular County committed to his Care) and vice versa, Committo begets Comitatus, or County, and Comitatus, Comes, a Count, i. e. Earl.

Of these Counts the learned Selden reckons but 6 Sorts, viz. the Single Count, (who hath no addition but his Christian name) 2d. Count Palatine (from Palatium or some Palace in it,) 3d. Count of the Empire, 4th. Count of Frontiers, where the Title of Mar∣quess is also us'd instead of Count, 5th. Count of Provinces, (or Counties joyn'd) which in Foraign parts are call'd Landgraves, (the word Grave and Comes signifying the same Title) and 6th. Count of Cities or Towns, and these latter, as in England, are call'd Comites Castrenses or Burgraves, or Counts of Castles or Burroughs, (all which are more fully describ'd in his second Book.) But I find that Cassiodorus in his 6th. Book mentions 22 Sorts more than Mr. Selden, of which 6 of Mr. Seldens, or 28 of Cassiodorus, we in England re∣tain but few, viz. a Count of a County, (as Algernonus, Comes Northumbriae; A Count of a City, (as Albericus or Awbry, Comes Oxoniae (or Oxford,) and Guilel∣mus, Comes Novi Castri or New Castle upon Tine, (being both a Castle and Burrough.)

3. All the curiosity lies in finding out how Comes or Count happens to be trans∣mutted into the word Earl, so much dif∣ferent in Pronuntiation and Orthography from each other, and yet, as we say, are the same in Substance.

4. Now it being no hard matter to be∣lieve (as I have shewn) that Duke is deriv'd from Duco, and Marquess from Mare, but Earl from Comes or Count, is not so intelligible; but this may be said, that the Saxons from whom we borrow this word Earl, did use it as a word of Honour, and in the same sence with Co∣mes, for they did call their chiefest Governors of Shires, (of which many of our Counties still retain that name, as will be shewn) and of Cities and Bur∣roughs, by the name of Earldermen, and for a more easie pronounciation Ealder∣man, and after Alderman, and for brevity Earl, and the Danes after them Earlan; and commonly the Earlan or Earl had a Shire or more for his Earldom, and the number of Earls increasing, some had part of a Shire, others some chief Town, of which he was made Earl or Earlder∣manus; and whatever other Etymologers say, (of which I can speak more freely in my Annotations) I conceive the Do∣minion of those Earls were allotted near some spreading Rivers, (in Fenny-Coun∣tries) which are to this day call'd Eas, and those Inland Isles (which we now write Island,* 15.13 and some corruptly calls Eyes) were anciently writ Ealands, as Rumen-ea, (now Rumney-Marshes in Kent) and Ely

an Island in Cambridgeshire is anciently writ Ealand, and so Worrel Island, (near Chester) sometimes call'd Ealand, and some∣times Island, and I could reckon up what I have seen in Cambridgeshire, and Lin∣colnshire, at least 40 antient Cuts and Sewers of Water, which still are call'd and writ by the name of Ea, viz. Boston Ea in Lincolnshire, Popham Ea in North∣hamptonshire, (signifying great Waters in those places) and many more might be instanced to prove that as Marquess may safely be deriv'd from Mare, (as denoting one that had the guard of the inundations from Saltwaters) so Earl may as safely be deriv'd from Ea, (or one that had the guard and care against the Inland innunda∣tions of fresh waters) and some observe that this word Ea is still retain'd in most of those Counties which are intituled Shires, or bordering on those Shires (Shire being (a Saxon word) as will be shewn) but in other Counties which are not call'd Shires, the word Ea is scarce known, so as Comes or Count was us'd in such places as were call'd Counties, and Earl in such as were call'd Shires.

5. This Tutelage of grounds gain'd or preserv'd from waters, was so great an honour, that Caius Marius, (who was made seven times Consul or Comes, (for

as Selden saith, Comites dici possunt Con∣sules a Consulendo) which was render'd Earl, did by a Cut or Drain so secure the Inundation of Salt waters often overflow∣ing a large Fenny County near Arles in France, that in memory of so benificial a Work, it was called Fossa Mariana, (or the Consul Marius his Drain) and in Pom∣peys time the securing of the inundations of Freshes about 40 Miles from Rome was esteem'd to be so good Service, that one of the two Consuls were usually appointed to attend the Gallick Enemy, the other had the care of the Ea or Watry Enemy; and it is no small honour now to the Earl of Bedford to be Governour of 365000 Acres of Fenny Grounds, intituled by his name of Bedford Level subject to inundations, but by his vigilance preservs it.

6. And when this Title of Earl was first given in England, (as tis said) by Wil∣liam the first, to Hugo de Aurank or de Ib∣rinks, making him Earl of Chester, it was doubtless from some eminent Service done in preserving the Banks or Brinks of that County against the inundations of the River Dee upon the South-side of Worrcl Ealand aforesaid, reaching from the Town of Chester to the Hebrea, for shortness call'd Heber, and so round that Hundred, (besides the Banks in other parts of that County.)

Some do question whether this d'Aurank or d'Ibrink was the first Earl, but tis likely he was so Titularly, and other the like Earls before him: but that which is agreed on is, that Albericus or Aubry d'Vere, was the first that was by Charter (or Patent) created Earl by Henry the 2d. who had the additional Title of Earl of Oxford or Oxenford in Oxfordshire, and continues in that Family to this day; but I cannot pass the word Ford, which doth imply a passable Ea or Water, which was necessarily to be preserved from the over∣flowing of at least 7 several Rivers in that little County, for the more safe pas∣sage of Men and Oxen.

7. To conclude, Ihope I may be allow'd so much of the Art of Tachygraphy or short writing, as may render my applica∣tion of this word more plausible, by writ∣ing Earl for Ea Regalia, so as whether Ea be consider'd as a Saxon word, or the plural of the pronoun Ea, it confirms my notion, and may serve as well to explain the word Earl, as SPQR the Senate and People of Rome, or DNS to signifie a Ba∣ron of the Realm or Chr. Chevaleer.

8. I have said sufficiently of the word; now as to the antiquity of it in England, it is Authentick from History and Record, that the word Earl and Honour of it, was

in use in the Saxons, and Danes time, and continued with the Normans, and Earls had the like extensive power in Shires and Counties as they have had since their formal creation by Charter, which it seems was a mode and form not us'd till this to the Earl of Oxford, since which there hath been some variations in the Form, but especially in the time of Hen∣ry the eighth and King James, as will be seen when I come to recite so much of their Charters of Creation as relate to their interests in Parliament.

9. The learned Selden divides this Title into two sorts, a Local and a Personal Earl; by Local he means such Counties, Cities, Castles, Towns, or Burroughs, as are fix'd to the Title of Earl, (or Comes) as Earl of Oxford, Earl of Kent, &c. (being not County Palatines) or of such as are County Palatines, whereof there are five, viz. Cheshire, Lancashire, (which are in the Crown) Pembrokeshire (in the present Earl of Pembroke) Durham and Ely, (which two are County Palatines, belonging to the Bishops of those Coun∣ties, never granted to any Temporal Earls) so as the Bishops of Ely and Durham do sit in Parliament Virtute Tenurae, and not Virtute Comitatus Palatinae.

As for Personal Earls, there are but three remaining at this day, viz. the Earl or Lord Great Chamberlain, granted to Ber∣ty, Earl of Lindsey, with a large intale to that Family, 2ly. the Title of Earl Mar∣shal granted to Hen. Howard Earl of Nor∣wich, and after Duke of Norfolk, with a large intale as I have shewn, 3ly. granted by Patent to Savage Earl Rivers being made a Baron in 5 Edw. 6. and also Vis∣count of Colchester in 19 Jacobi, and in the 2d. of Charles the first was made Viscount Savage of Rock Savage in Cheshire, where∣by he is a double Viscount, and Earl Rivers, which is the Name of an illustrious Fami∣ly, and not of a Place, but all the other Earls are intituled from some noted Place.

10. Forty nine Earls Summon'd the 18th. February, 1661. and six more Sum∣mon'd the 29th. of Aprill, 1661. See the Pawn. Cap. 2.

The next I am to treat of is the Vice∣comes, Vice Earl, or Viscount.

SECT. V. Of a Viscount.

[Obs. I] WHat hath been said of a Duke or a Count, whilst their Titles were interchangeably us'd, may be also appli'd to a Viscount; for when Dukes and Counts increas'd in their number, there was a kind of necessity to take in others to their assistance, who afterwards by merit and the favour of their Prince, arrived to an Interest of their own, and therefore the word Vicecomes, or Viscount, may proper∣ly here intend a Companion, (for the word Comes doth as well signifie a Com∣panion or Associate, as a Count or Earl) and the addition of Vice (which signifies instead, or by course or turns (of which word Turn I shall speak more) did inti∣mate, thar when the Turn of this Comes came to Govern, he was for that time cal∣led Vicecomes, all other times Comes only, or, as I conceive, as the one was call'd Co∣mes, because he commanded a County, the other was called Vicecomes, from the Latin word Vicus, because he commanded a Vil∣lage, Street, or Structure, or some lesser Command than that of a County.

2. The dignal Title of Vicecomes is also ancienter in foreign parts, than in England, and is the same with Ʋidame, or Vicedo∣minus (which are properly the foreign Titles of a Substitute to a Bishop) but as we take the Title in an officiall sence, it signifies the King's Deputy or Sheriff in every County, and so is as ancient as the Saxons, who made Comes to signifie Earl, and Vicecomes, or Viscount, to signifie the Office of Shereeve, or Sheriff, for we had the words Earl and Sheriff from the Saxons, and the Count and Viscount from the Ro∣mans, Comes and Vicecomes: and probably for the same reason, that Marquess was in∣terpos'd to Duke and Earl in Richard the Second's time, so it was thought fit in Henry the Sixth's time (though some say in Hen∣ry the Fifth's time) to interpose the Title of Viscount to Comes, or Earl, and the Noble Baron, there having been the like promis∣cuous use of the Titles of Comes, or Earl, and Baron, as had been of Duke and Comes, and thereupon I conceive John d'Beau∣mont was Created the first Viscount of this interposing Dignity, it being, as Mr. Camb∣den saith, an old Name of Office, but a new Name of Dignity, or a Vicecomes, or Sheriff, turn'd from an annual Office into a Dignity hereditary.

3. Yet this Office of Vicecomes, or She∣reeve, or Sheriff, was, and still is an Of∣fice of dignity; only the difference is, that the Vicecomes dignified, (as I said by Hen. the 6th. is a Parliamentary and No∣bilitated Dignity and Place, (both in their Patent of Creation, and in the Act of Pre∣cedency) fixt between Earl and Baron, &c. made Hereditary, but the other Viscount∣ship or Sherifdom is Official and Annual and not Hereditary, and hath no place in the Lords House; and particularly ex∣cepted to be chosen into the House of Com∣mons, by the Writs of Elections, (as will be shewn) and the reason is, because the Official Viscountship is in the King, who gives only an annual Deputation to the Person who executes that Office in such County, of which he is made Vicecomes or Deputy to the King, and so is not the Noble Viscount, (who cannot be made Sheriff or return'd of a Jury) but hath his constant Writ of Summons to every Parliament, (as will be shewn;)

4. Seven Viscounts Summon'd by Writ 18. Feb. 1661. and One Viscount Sum∣mon'd by Writ 20th. Ap. 1661.

And now I come to the Barons, the last Degree of the Nobility, but anciently the First or Second.

SECT. VI. Of Barons.

I Shall refer the Etymology of this word Baron to my Annotations, (because the learned Cambden, Selden, and others have taken pains about it) but for many ages, as at present, it comprehends all such Prelates and Bishops as are Summon'd by vertue of their Baronies or Tenures to sit in the House of Lords.

As also all such Dukes, Marquesses, Earls and Viscounts, as did anciently mount to any of those 4 Degrees, by the proporti∣on of their Baronies, which they obtain'd by gift from the King, or other acquisitions, so differing from the other 4 in Nominal gradations, rather than Essential. And though there were Nominal differences antiently in the Tenures of Dukes, Mar∣quesses, Earls, Viscounts, and Barons, yet they were all subject to a general Contri∣bution to the Kings affairs, according to their certain number of Knights Fees; for as Baronies made the other 4 Superior Degrees, so the increment of Knights Fees (whereupon I conceive Sir Thomas Smith made that Degree of Nobiles Mino∣res) did capacitate a Baron to be made

a Baron, and so a certain number of Ba∣ronies to be a Viscount and Earl, and of Earledoms to be a Duke, as may be read in Sir Edward Coke, (and others more an∣cient by him cited) and Mr. Selden (for∣giving the Knight) saith that Istud verbum Baro est caput & scala dignitatum Rega∣lium, i. e. Majoris Nobilitatis.)

2. In former times these proportions were observ'd amongst the Temporal Lords, but not with the Spiritual, for Mr. Selden tells us of a Bishop (pag. 580. Tit. Hon.) that had 220 Baronies, and did sit in Parlia∣ment by vertue of his Baronies, yet was neither Duke nor Earl) so those were the computations of Honour and Contributi∣ons, till the method of Creations were us'd, and at last by the late Act of Parliament all Tenures in Capite were Dissolved, and thereby the Tenurial Contributions, but not the Titles of Honour: yet for a little variety I may inform some, that in former times the Spiritual Barons had some ex∣emptions from Contributions, unless there was (as the learned Selden calls it) Tri∣noda necessitas, viz. of War, of Repairs of Castles, or Bridges, but they were generally exempted from Personal Assistance in War; for though (as he saith) that in the 4th. year of William the First, that King made the Bishops, &c. subject to Knights Ser∣vice

in chief, by creation of their Tenures, and so was the first King that turn'd their possessions by Frankalmoine a French word signifying charitable Gifts, for so began their temporalities) into Baronies, and thereby made them Barons of the King∣dom by Tenure, yet when it was pray'd by them in the 5th. Hen. the 3d. Ʋt omnes Clerici tenentes Baronias, &c. personaliter procederent contra Regis adversarios, &c. it was answer'd by the Bishops (and their Answer allow'd) Quod non debent pugnare cum gladio materiali sed Spirituali, scilicet cum Lachrymis & orationibus humilibus & devotis, & quod propter beneficia sua manu∣tenere debent pacem non bellum, & Quod Baroniae eorum ab Eleemosynis puris stabili∣untur, &c. So as (he conceives that) the Baronies of the Clergy were made of such Lands as formerly were, as I said, held in Franckalmoine.

3. But what ever exemptions the Spiri∣tual Barons had, the Temporal Barons were oblig'd by their Baronial Tenures (of several natures) to all defensive and offenfive duties for the King and King∣doms preservation, according to the pro∣portion of their dependent tenures or ter∣ritories; and so are yet in honour oblig'd to perform, and they all had and have

equal Votes in Parliament by vertue of their Baronial Interest; for as to matters Parliamentary, the Title of Baron is more ancient, copious, and comprehensive, than any of the other Titles of Lords in Par∣liament.

4. This word Baron we see is appili∣cable, not only to the two degrees of Lords Spiritual, viz. Archbishops and Bishops, but to the 5 degrees of Lords Temporal, so as the noble Barons and all the Degrees above them do set in the Lords House, virtute Baroniae, and by Writs of Sum∣mons, the Superior Titles to the Barons differing rather upon some extrinsick order, than any real intrinsick distinction.

5. As for those Titles of Barons which are given to Degrees equal or under the noble Barons, they are of several sorts; 1st. Some noble Barrons by Ancienty ne∣ver Summon'd to a Parliament, yet capable of Summons; 2ly. The Barons of the Exchequer, (which are 4 in number, who are Summon'd by Writ ad consulendum, or to be Assistants in the Lords House, (as will be shewn;) 3ly. Barons of the Cinqueports (out of whose number 16 are usually Elected) to sit in the House of Commons, (as will be shewn;) 4ly. Ba∣rons

of Court-Barons, who are also capa∣ble of being Elected to sit in the House of Commons; 5th. Barons in the Law-French call'd Baron, i. e. and Husband, (and Feme the Wife) but I here only speak of the Nobiles Barones distinct from these Titular Barons, though such of them as sit in the Lords House are in some sort thereby Nobilitated, of whom I shall speak more when I come to the Assistants; and such as sit in the Commons House are thereby Dignified though not Nobilitated, (of whom I shall speak when I come to the House of Commons.)

6. Now it may here be observed, that some Persons of merit have been Summon'd to sit in the Lords House as Barons, which were not Barons, or any otherwise capaci∣tated to sit there but by Writs of Summons; upon this occasion Sir Edward Coke cites a Case where one Summond by Writ to sit in the Lords House, died before he sat there, and it was adjudged that if he had sat there, he had been Nobilitated thereby, but having not sat there, where∣by that writ was not executed for want of his Personal attendance, it was adjudg'd that the direction or delivery of the Writ barely to the Person to whom the Writ was directed, (without Personal appear∣ance and investiture of Robes and a pos∣session

of place) was not sufficient to en∣oble him, without a conjunction of those Circumstances and Ceremonies.

7. But Barons created by Letters Patents, (and made to them and their Heirs) are thereby Nobilitated, and to be esteem'd Nobles though they do not Sit, in respect of the power given them by Patent to Sit without restrictions or ceremonial quali∣fications; and therefore Sir Edward Coke saith, that though the Creation by Writ be ancienter than by Patent, yet the Crea∣tion by Patent is the surer way, for that one may be sufficiently Created by Pa∣tent and made Noble, though he never sit in Parliament, and he gives this rea∣son; That if issue be joyn'd whether one be a Baron or not, that point shall not be tried by a Jury of 12 men, but by the Records of the Parliament, and if he did not sit there, there can be no Record, but a Patent is a Record.

8. So there were 62 Barons Summon'd by Writs of the 18. of Feb. 1661. and 6 more by Writs of the 29. of Ap. 1661. whereby the number of Temporal Lords Summon'd to this Parliament began the 8th. of May 1661. were—140. viz.

• 1. Two Dukes of the Bloud.
• 2. Three Dukes not of the Bloud.

• 3. Four Marquesses.
• 4. Fifty five Earls.
• 5. Eight Viscounts.
• 6. Sixty eight Barons.

In all of the 6 Degrees 140. as in the Pawn Cap. 2. which we may compare with former times, viz.

Regno.		Anno.	The highest Number Summon'd in these Years.	Num. Maj.	The lowest Number Summon'd in these Years.	Anno.	Num. Mi.
Edwar.	3.	25o	62	4o	18
Richar.	2.	8o	63	18o	36
Henry	4.	1o	50	11o	39
Henry	5.	2o	44	3o	29
Henry	6.	38o	55	1o	23
Edwar.	4.	7o	47	12o	37
Henry	8.	37o	45	28o	44
Edwar.	6.	6o	59	1o	47
Mariae		2o	56	1o	42
Elizabeth.		30o	60	43o	52
Jacobi		21o	98	1o	84
Caroli	1.	15o	109	1o	97
Caroli	2.	13o	140

I do insert this observation, That the Ingenious Historian may see, whether the greater or lesser number of the Nobility in Parliament hath been most advantageous to its Constitution; and the like may be observed concerning the number of the

House of Commons, (of which I shall speak in the next part.)

By which we may see that the highest Number was in 12. and 13. of Car. 2d. and the Lowest in the 4th. of Edw. the 3d. not troubling the Reader with the Numbers Summon'd to Intervening Parliaments.

Thus having given some short Illustra∣tions of those Titles of Honour which are mentioned in the Parliamentary Writs and the Act of Precedency, for the clearer satisfaction of such as are not verst in matters of that nature; I may now with the more content to them and my self proceed to the particular Writs of Sum∣mons to those noble Degrees which I have regularly mention'd, according to their prescrib'd Order, both from the method of the Writs in the Pawns and Act; and these Writs of which I am particularly to speak (others falling in collaterally) are;

• Sect. 1. The form of the Writs to any of the Bloud Royal.
• 2. The form of the Writs to Archbi∣shops and Bishops.
• 3. The form of Writs to the Lord Chan∣cellor or Lord Keeper.
• 4. The form of Writs to Dukes not of the Bloud, Marquesses, Earls, Viscounts, and Barons, wherein the Grand Official Titles beforementioned are inserted.

CHAP. VI. Of Writs of Summons, and first of the Ex∣emplar Writs for Summoning Princes, Dukes, and Earls of the Bloud-Royal to the Parliament.

SECT. I.

I Have shewn in Chap. 2. how Parliament Writs are sorted into Close Writs, and Open Writs or Patents, and those into Exemplars and Consimilars. I need not inlarge more therein, but proceed to the first Exemplar Writ of Summons, and so to other such Writs of Summons to other Degrees as concern the Lords House; for I shall speak of other Parliament-Writs of another nature, when I have dispatcht the Summoning Writs and Patents of Creation, according to the method of Pawns and Clause-Rolls made before the Act of Precedency, as also in all Pawns since that Act. Those of the Bloud-Royal are placed in the first Rank of those Re∣cords, and were still Exemplar to the rest, and therefore the Writ which I am now to speak of, viz. To the Duke of York (Brother to King Charles the 2d.)

is the Exemplar of the Consimilar Writ to Prince Rupert Duke of Cumberland, (being Son to the Sister of King Charles the First) and so persuant not only to the said Act, but to the most ancient methods of Writs of Summons, (as will be more fully shewn in the following Chapters.)

But before I recite this Writ, methinks I hear some say, Nolumus consuetudines Angliae mutare, therefore let us know what Writs of this nature were issued in former Ages by former Kings, which is a Question so pertinent to my own scruples, that (I hope) the same ease I gave to my self (after my inquiry) will serve to satisfie others; for having gone backward with as much safety (to the avouching of Records as I could,) and being not satis∣fied with what was delivered to us, concern∣ing the Parliament Writs in the Brittish, Ro∣mans, Danes, Saxons, or Norman times, or by some of the Plantagenets, or those of Hen. 3ds. time, from whence most Writers of our English Parliaments take their Original; I fixt upon and took my Rise from the Writs in the 15th. of Edw. 2d. which are clear and still extant in the Records of the Tower, which the other are not.

By these Records it is evident, that in 97. Parliaments, as I account them, which were Summon'd from that 15th. year to

this Parliament, there is no material dif∣ference in this Exemplar Writ from those Antecedent; and therefore that this Writ to the Duke of York may be compar'd with that of Edw. 2d. I have here set them both down verbatim, so that upon 339. years experience, viz. from the year 1322. to the year 1661. Inclusive, we may ac∣quiesce, that we in this Age have not much trespass't or varied from the ancient and wise Form prescribed to us by so many former Kings, and continued to this time.

The Form of the Exemplar Writ to the Princes of the Bloud.

Tempore Edw. 2.15.

EDwardus Dei Gratia Rex Angliae Do∣minus Hiberniae & Dux Aquitaniae,

Edwardo Comiti Cestriae filio suo Charissi∣mo Salutem,

Super diversis & arduis nego∣tiis nos & statum Regni nostri speciali∣ter tangentibus Parliamentum nostrum apud Eboracum a die Paschae prox' futuro in tres septi'anas teneri & vobiscum & cum ceteris Prelatis Magnatibus & Proceribus dicti Regni habere proponimus collo∣quium & tractatum.

Vobis Mandamus in fide & diléctione quibus nobis tenemini firmiter injungentes.

Dictis die & loco omnibus aliis preter∣missis personaliter intersitis ibidem nobis∣cum & cum ceteris prelatis magnatibus & proceribus supradictis negotiis tractatur' vestrum{que} Consilium impensur' Et hoc Nullatenus omittat'

Teste me ipso apud Westm' decimo quarto die Martii Anno Regni nostri decimo quinto.

Caroli 2.13.

CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, &c.

Praecharissimo & dilecto fratri Jacobo Duci Eborum & Albaniae magno Admirallo suo Angliae Salt'm

Quia de

Advisamento & assensu Consilii nostri pro quibasdam arduis & urgentibus nego∣tiis nos statum & defensionem Regni no∣stri Angliae & Ecclesiae nostrae concernen∣tibus Quoddam Parliamentum nostrum apud Civitatem nostram Westm' octavo die Maii prox' futur' teneri ordinavimus & ibidem nobiscum ac cum magnatibus & proceribus dicti Regni nostri collo∣quium habere & tractatum.

Vobis Mandamus in fide & ligeantia quibus

nobis tenemini firmiter injungentes quod consideratis dictorum negotiorum ardui∣tate & periculis imminentibus cessante ex∣cusatione quacunque

Dictis die & loco personaliter intersitis nobiscum ac cum magnatibus & proceri∣bus predictis super predictis negotiis tra∣ctatur' vestrumque consilium impensur' Et hoc Sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae predictae expeditionemque dicto∣rum negotiorum diligitis nullatenus omit∣tatis

Teste me ipso apud Westm' decimo octavo die Februarii Anno Regni nostri Decimo tertio.

SECT. II. Observations.

IN An. 12. Hen. 8. the words fidei De∣fensor, were then added before Salutem, instead of Super diversis causis. The latter Writs are Quia de advisamento & assensu concilii nostri pro quibusdam causis, yet I find the word Quia us'd in the great Councils or Parliament Writs, before Edw. 2ds. time, and probably the words assensu Concilii nostri is added to shew the di∣stinction of his Privy-Council and his Publick Council or Parliament.

2. Instead of Specialiter tangentibus, the latter Writs are concernentibus quoddam.

3. Instead of habere proponimus, the latter Writ is teneri ordinavimus, and habere is put in between Colloquium and Tractatum.

4. Ligeantia is put in the latter Writs in∣stead of Dilectione, this word Dilectione being for many Ages particularly apply'd to the Episcopal Writs.

5. The latter Writs do contain all that are in the more Ancient, (except the Inserti∣ons of some Causes of Summons, and some inlargements added upon Emergent occasions) viz. quod consideratis dictorum negotiorum arduitate & periculis imminenti∣bus cessante Excusatione quacunque.

6. And also those words are added near the end of the latter Writ, viz. Sicut nos & ho∣norem nostrum ac Salvationem & Defensionem Regni & Ecclesiae predicte expeditionemque dictorum negotiorum diligitis, which additi∣ons are only more full Expressions to oblige the Attendances of the Grandees.

Thus having shewn the Exemplar Writs to the Bloud Royal, Ancient and Modern, I shall set down such Earls, Dukes, or Princes of the Bloud Royal to whom this Exemplar Writ was directed, even to this time, according as they are either in the Clause Rolls in the Tower, or in the Pawns in the Pettibag-Office, which I shall recite

in English, though the Writs are in La∣tin.

SECT. III.

THe Exemplar Writ was then to Ed∣ward Earl of Chester,* 15.14 Eldest Son to King Edw. 2d. and by vertue of this Writ, this Prince had his Exemplar Writ but for this one Parliament, and was soon after King Edw. 3d.

2.* 15.15 To Edward Prince of Wales and Earl of Chester, Eldest Son to Edw. 3d. and this Prince had Exemplar Writs for 9 Parlia∣ments, viz. 3 Edw. 3. 4. Edw. 3. and 4. Edw. 3. 5. Edw. 3. 25. Edw. 3. 27. Edw. 3. 28. Edw. 3. 29. Edw. 3. 42. Edw. 3.

3. To Thomas Earl of Norfolk,* 15.16 soon after created Duke (Marshal of England, great Uncle to Edw. 3. who had his Exemplar Writ but for this one Parliament.

4. To Henry Earl of Lancaster,* 15.17 (soon after created Duke, (Son to John the 4. Son of Edw. 3.) who had Exemplar Writs in this Kings and Richard 2. and H. 4ths. time, for 7 Parliaments, viz. 14. Edw. 3. 17. Edw. 3. 18. Edw. 3. 22. Edw. 3. 25. Edw. 3. 23. Rich. 2. 1 Hen. 4. as Duke of Lancaster.

5. To John Duke of Lancaster,* 15.18 (who then

was King of Castile and Duke of Acqui∣tane) the 4th. Son to Edw. the 3. as afore∣said, and Uncle to Rich. the 2.) who had Exemplar Writs for 17. Parliaments in this and Rich. the 2ds. time, viz. 37 Edw. 3. 38. Edw. 3. 1 R. 2. 3 R. 2. 4 R. 2. 7 R. 2. & 7 R. 2. & 8 R. 2. and 8 R. 2. 9 R. 2. 13 R. 2. 14 R. 2. 15 R. 2. 17 R. 2. 20 R. 2. and 20 R. 2. 21 R. 2.* 15.19

6.* 15.20 To Richard Prince of Wales, (Duke of Cornwall and Earl of Chester, Grand-child to Edw. the 3d. and Son to Edw. the for∣mer Prince of Wales, and afterwards King Richard the 2d.) who had an Exemplar Writ but for this Parliament, and at the opening thereof he did sit in the Kings Chair.

7.* 15.21 To Edmund Earl of Cambridge, Duke of Clarence, and first Duke of York, (the 5. Son of Edw. the 3d.) who had Exem∣plar Writs for 3 Parliaments, viz. the 10.11.12. of Rich. 2. as Duke of York.

8.* 15.22 To Thomas Duke of Glocester Uncle to the King, who had one Exemplar for one Parliament.

9.* 15.23 To Henry Prince of Wales and Duke of Cornwall, who had his Exemplar Writs for 9. Parliaments in his Fathers life time, and was after King Hen. the 5th. viz. 1 H. 4. 2 H. 4. 3 H. 4. 6 H. 4. 7 H. 4. and 7 H. 4. 9 H. 4. 11 H. 4. and 13 H. 4.

10. To Thomas the 2d. Son of Hen. the 4th. Duke of Clarence and Earl of Albe∣marl, had Exemplar Writs for 7 Parlia∣ments, in this and Hen. 6ths. Reign, viz.* 15.24 * 15.25 1 H. 5.3.4.5. of Hen. the 5th. and in the 1st. and 6. and 3 H. 6.

11. To John Duke of Bedford 3.* 15.26 Son to Hen. 4th. who had Exemplar Writs for 5 Parliaments in this and Hen. 6th. Reign, viz. 8 H. 5.4. and 4.11.14 H. 6.

12. To Humphrey Duke of Glocester,* 15.27 (the 4th. Son of Hen. 4.) he had Exemplar Writs for 10 Successive Parliaments, viz. 4.6.9.10.15.18.20.21.25. and 25 H. 6.

13. To Rich. Duke of York,* 15.28 (Grand-child to Hen. 4. and Eldest Son to Edw. the 4. when Duke of York) who had Exemplar Writs for 4 Parliaments, viz. 27.29.31.33 H. 6.

14. To George Duke of Clarence, (3d.* 15.29 Bro∣ther to Edward the 4th.) who had Ex∣emplar Writs for 3 Parliaments, viz. 7.9.12. Edw. 4.

15. To Edward Prince of Wales,* 15.30 (Eldest Son to Edward the 4th.) who had Ex∣emplar Writs for Two Parliaments, and after was King Edward the 5th.) viz. 22. and 23. Edw. 4.

Note, That from this time to the 21. of Hen. the 8th. we are disappointed of the knowledge of any Exemplars, and from thence to the 21. of King James there are no Exemplar Writs to any of the Bloud Royal, only to other Lords Temporal, as will be shewn in its proper place; but in the 21. of King James* 15.31

16.* 15.32 An Exemplar Writ was to Charles Prince of Wales, Duke of York, for that one Parliament, who was afterwards King Charles the First.

17.* 15.33 To Charles Prince of Wales, who had an Exemplar Writ for one Parliament, and after was King Charles the Second.

18.* 15.34 To James Duke of York, who sat by vertue of the aforementioned Writ in the Parliament begun the 8th. of May, 1661. to the end thereof.

SECT. IV. Observations on the Title of York.

THere were other Dukes of York be∣sides these which are mention'd in this Collection, viz. Edward the Son of Edmund Duke of York, and upon Edwards Death his Brother Richard was created

Duke of York, and Henry the son of King Henry the 7th. was created Duke of York, who after was stiled King Henry the 8th. but these 3 Dukes of York, being not mention'd in any Clause Rolls to have Exemplar Writs, I have omitted them in the Register of Exemplars.

2. The City of York was dignified with the Title of an Arch-Bishoprick (in the year 180 as some say) but all agree that Taurus was Arch-Bishop there in the year 610.) and also with the Title of a Duke∣dom in the 10th. year of Ric. the 2d. whereas London the Metropolitan of Eng∣land hath onely a Bishoprick, but no Duke∣dom, Earldom or Marquesate appropriate to it, and in Anno the Civil Govern∣ment of the City was honour'd with the Title of a Lord Mayor, as it was at London, but how far the equivalency of that Title extends to those two Cities, will be further discourst when I speak of London in its proper place, and in my Annotations.

3. Whilst the quarrel continued between the Dukes of York and Lancaster, which lasted for many Ages, York had the Title of White-rose, the House of Lancaster call'd the Red-rose, till both were inoculated in∣to one Stock of Hen. 7th.

4. The Title of this James Duke of York and Albany, (in Scotland is the same which

was given by King James to Prince Charles (afterwards call'd King Charles the First) being first created Duke of Albany, &c. and at 4 Years of age Duke of York.

SECT. V. Of Consimilar Writs to the Royal Exemplars.

NOw I should proceed to the Consi∣milars of these Exemplars, but in respect that they consist of a very great number, and it were too great a labour to treat of all Consimilars, I shall for∣bear to recite them. Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them, and ease me of that labour; so as I shall only take notice here of the Writ for this Parliament to Prince Rupert, (the Sisters Son to King Charles the First) and this is Consimilar in all parts to the Duke of Yorks Exemplar, (except in the Title) so I need not set it down at large, but by abbreviation shall thus render it, viz. Carolus, &c. Rex, &c. Praecharissi∣mo Consanguinco Duci Cumbriae Salutem, and so Verbatim with the Dukes Exemplar. Duke of Cumberland being his English Title.

SECT. VI. Observations on these Consimilars.

1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time, after the Exemplar Writs are set down, these words following are in the Clause-Rolls and Pawns, viz. Consi∣milia Brevia diriguntur Subscriptis, and in some, Consimiles Literae (instead of Bre∣via) directae Subscriptis, and in some, Consimiles Literae directae Conscriptis, thereby seeming to retain the ancient words of Patres Conscripti, which the Ro∣mans did usually apply to their Elected Senators. But here it is only Consimile Breve, in the singular, Dirigitur praecha∣rissimo, &c. Ruperto, there being no other of the Bloud in England.

2. Princes of the Bloud have been Con∣similars, when Princes of the Bloud have been Exemplars, as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle, of the Bloud; but not where any were Exemplars who were not of the Bloud: and so many more might be cited, which may be seen in Cottons Collections of the Tower Records.

3. In this Consimilar Writ, Prince Ru∣perts Foraign Titles are omitted, because none of the Peers do sit in the Lords House but in respect of their English Titles; yet in the Proxy-writs which they allow to others, their Foraign Titles are recited without scruple, as will be shewn in the 10th. Section of the 12th. Chapter.

4. I cannot but take notice here, that till the Union with Scotland, there was a Chair plac'd in the Lords House on the right hand of the Kings Chair, for the King of Scots, and call'd the King of Scots Chair. Yet I cannot find by any Records of the House of Lords or elsewhere, that the King of Scots did ever sit there, or was Summon'd, or had any proxy to sit there for him, by vertue of any Exem∣plar or Consimilar Writ.

And now I shall proceed to the Exem∣lar for Bishops.

CHAP. VII. The second Exemplar, viz. To the Archbishop of Canterbury.

[Section I] THe Examplar for Bishops (of which I am now to speak) is not entred into this Pawn in the Pettibag, (which I have recited verbatim) as all the other Exemplars are, but it is entred in the Chancery Crown-Office, (an Office of Record also, as I have shewn) being issued after the Parliament was sitting; nor would I have entred it here (in respect my de∣sign in this first part is to write only of such Writs as were previous to the sitting of this Parliament) had not I found that the Exemplar for Bishops is constantly entred in all the Clause-Rolls extant, (from the 15 of Edw. 2d.) and in all Pawns extant, (from the 21 of Hen. 8.) except in this of the 13. Car. 2d. which omission (proceeding from the reasons which will

be given in the following Chapter) was upon the first sitting of this Parliament rectified; and therefore I thought fit ra∣ther a little to deviate from my method, than to defer or puzzle the Reader with the discourse of it at too great a distance from all the other Writs of Summons, of which I intend to treat according to the order of the Pawn; and so I crave leave, as most suiting to all former precedents, to treat of this Exemplar in the second place, especially having the Act of Precedency un∣repeal'd also to justifie my proceedings.

2. Before I proceed to discourse of Arch∣bishops or Bishops, it is convenient to look back to the several Titles which were given to those who were Managers of the Religion practis'd in this Island, before the name of Bishop was here known.

This Religion was by the Jews call'd Paganism, and the Professors thereof Pa∣gans, Panims, Ethnicks, Gentiles, Heathens and Infidels, which Titles are all of the same nature. The word Pagan compre∣hending the other five, only the word Infi∣del was not used till after Christs time; and then those who did not believe the Christian Religion, were by the Christi∣ans called Infidels or Unbelievers; but the word in Hebrew for Pagan was used (af∣ter the building of Jerusalem by Melchi∣zedeck,

before call'd King of Salem) when those who did live in neighbouring Vil∣lages or more remote places, and not com∣ing to partake in the Devotions offer'd to God in Jerusalem, were from Pagus a Village called Pagani, or refusers of that Religion which the Hebrews did practice there; and whoever afterwards were not of the Hebrew or Jewish Religion, were called Pagans, &c. (as Plautus calls all who were not Grecians, Barbaros, or Barbarians) So that the Pagan Religion is to be esteem'd, but as the Hebrew or Jewish Religion adulterated by the Proge∣ny of Noah, who (growing numerous) spread themselves into many parts of the World, and by mixing with other Nations perverted their Primary Religion (which they had from Noah, (and afterward more methodically dictated from their High Priest Melchizedeck) into Paganism.

This mixt Religion was brought into this Island by Mesech the 6th. Son of Ja∣phet the Son of Noah, who here call'd himself Samothes, and after Samothes, Ma∣gus, Shanon, Druis, Bardus, Longobardus, and Celtes, succeeded each other; (Seven in all) who being Priests were also call'd Princes of this Island: The Hebrews (and Welsh (who some say had most of their native Language from the Hebrew) using

the same word for Prince and Priest.

These Seven were men of great learn∣ing, gain'd partly by tradition from Noah, and partly by being contemporary with Sibylla Samia, and Pythagoras; from one they learned the Prophecies of Christs In∣carnation and Sufferings; from the other, the high speculations of the Souls immor∣tality and transmigration: of which I shall speak more in my Annotations.

Of these and the Founders of this Reli∣gion, and their Doctrines, I shall give a more large account in my Annotations, as well for the vindication of that discoun∣tenanced Book of Berosus, publisht by Jo∣hannes Annius, as to free this Island from the common imputation of a pitifull illi∣terate sort of People, which either the laziness of later Writers, (though other∣wise deserving) inclin'd them to think it not worth their while to abstract the no∣tions of what was true, from what was meerly fabulous; or the Maliciousness of others, whose interest it was to suppress the Records of the Ancient Renown of this Island; such as might have demonstrated their variety of knowledge in all kinds of Literature.

For the present I shall only select two of those 7 Wisemen of Brittain, as most eminent in Philosophy, Policy, and Mat∣ters

Divine, viz. Druis and Bardus.

Druis is set forth in History to be Ma∣ster of Pythagoras, (from whom tis also said that Timagoras brought the Greek Letters to Athens) He took upon him to be Judge in Causes Ecclesiastical and Ci∣vil; and performed all the Rites and Cere∣monies of that Religion in Groves, (imi∣tating the Idolatrous Jews) which Groves chiefly consisted of Oaks, (as a Tree sacred to Jupiter) and from thence (say they) he took his name Druis, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifying an Oak) however he was Founder of the Sects called Druids in this Island.

The other was Bardus the Founder of the Sect of the Bards, Learned also in Magick-Philosophy, (in the best sence, as Studiers of Wisdom and Inquirers into the energy and activity of natural A∣gents) and Politicks; but they were more Famed for their skill in Poetry and Musick; and thereby did cheerfully Sing Rime, and so (like Orpheus) charm men into Civil Religion, and Heroick Actions.

From these did spring (as I said) the two Sects of Druids and Bards; which our Brittish-Welsh, Roman and Saxon Histories do so often mention, that there is no doubt concerning them.

The Bards continue even to this day in some parts of Wales, (of which I shall speak more) but the Druids being afterwards more imployed in the Priestly Functions, and growing numerous when the Romans were Possessors of this Island, (and had divided its Government into Three Pro∣vinces) they also committed the charge of the Religious Duties within these 3 Provinces, to Three of the chiefest Druids, (altering their Title from Druids into Arch∣flamins, and the lesser Druids into the Title of Flamins, (for so was the Ecclesiastical constitution among the Old Romans) the chief of the Three Archflamins being there called Flamen Dialis, or Jupiters Archfla∣min or High Priest; and as those there, were Subject to the Senate, or Empire of Rome; so now these here, were Subject to the Emperors, Kings, or Governours of this Island, not disputing their power to alter, put in or out, as they saw just cause.

These Archflamins and Flamins conti∣nued till some time after the coming of Christ; but when they perceived that the Oracles of the Sibylls (which they had so long adored) were fulfill'd by the com∣ing and passion of Christ) and that all Oracles were ceased, these Flamins, Druids and Bards, did give way to the Christian Institutions, (as will be shewn.)

But to reduce this Section to the subject in hand, it doth appear by our most An∣cient Histories, that these Druids and Bards were consulted with both in Peace and War, both in the Brittish, Romans, and Saxons time, even to the coming of Christ; though the form of their Coun∣cils and mixing with the Laicks, do not appear (for reasons before alledged) now. I shall proceed to shew the Institution of Christianity instead of Paganism, and then the Titles of such as did manage it in this Island, and how they were still mixt in Civil Councils.

3. The Religion which succeeded Paga∣nism in this Island, was the Christian, which had its denomination from Christ; who may be said to have been before his death in this Island, Prophetically, Perso∣nally, and Nominally; but least I should divert the Reader too much from the me∣thod intended in this Treatise, I shall re∣fer the discourse of those 3 points to my Annotations.

But concerning the introducing of Christianity into this Island of Brittain, what is most credited in our Histories, is, that Joseph of Arimathea, (the same who beg'd the Body of Christ after his Crucifixion) with 12 Disciples more, are said to plant it here within Thirty Years

after Christs Resurrection; and Aristobu∣lus (being, before his coming, Ordained Bishop of Brittain) was one of the 12 which were sent with Joseph to take care of his charge here: and this is that Ari∣stobulus mentioned by St. Paul in his E∣pistle to the Romans, Cap. 16. Verse 10. who was the first Bishop we in these parts hear of, (being 5 years before any was made Bishop of Rome) which brings me to the discourse of the several Titles of such as were the first Managers of Chri∣stian Religion.

4. The first Titles which were given to the Managers of Christanity, were to Christ himself, who by St. Paul, Matth. 21.4. is called the Prophet of Nazareth, and by St. Paul, Heb. 3.1. High Priest and Apostle, and He by his Divine Authority did constitute 12 Apostles (Matth. 10.1. and Luk. 6.13.) by particular names) who were called both Disciples and Apo∣stles: but the Selected 12. were of an higher nature; for some of them were also called Evangelists, (and none of the Disciples had that Title, except St. Luke, one of the 4. nor any call'd an Apostle, (except those 12.) but St. Paul, Gal. 1. v. 1. And these 12 Apostles were of so eminent a Degree, that it is said in the Revelations Cap. 21. and 14. that the names of the

Twelve Apostles were writ on the 12 Foundations of the Heavenly Jerusalem.

After these 12. Christ did Constitute 70. other Disciples of a lesser Degree; but the names of these 70. are no where cer∣tainly to be found; however we have the Scripture to justifie the number of Se∣venty; and there were also those who were called Presbyteri, also Deacons, of which Deacons the Ecclesiastical Stories tell us of 7. by name, but no number of the names of the Presbyteri; however these remaining Apostles, Disciples, Pres∣byters and Deacons, were soon reduced into the Title of Bishops, (in all places) not by ordinary Institution, but by an higher and a more extraordinary Functi∣on; and these Bishops among themselves had also several eminent Titles of distin∣ction, (within few years after Christs death, according as their charge of Souls did extend) viz. Episcopus, Patriarcha, Archiepiscopus, Papa, Presbyter, Inspector, Pastor, Curator, Observator, Minister, & Custos animarum, which 7 last Titles be∣ing but descriptions of the Office of the 4 chiefest, viz. Bishops, Patriarchs, Arch∣bishops and Popes: I shall speak first of these 4.

5. It is evident that the first eminent Title in the Ecclesiastical affairs of Christianity,

was the Title of Bishop; the Presbyteri still submitting to the Bishop whenever he was placed over them.)

This Title of Bishop (as I said) was placed on some of the Original Apostles and Disciples; as St. James, St. Mark, &c. for the word Episcopus doth properly sig∣nifie one that doth Inspect or Circumspect all the concerns of Christian Religion; so as those who live under him may be in∣structed to a Good and Pious Life suta∣ble to the Rules of Christianity, (whose duty is more particularly exprest in St. Pauls First Epistle to Tim. Cap. 3.) so that the word Episcopus, as the Superior Order, was more generally used than any other Title wherever Christianity was practised; Yet other Titles were also used in several parts of the World, as they did agree with the Idiom of their native Lan∣guage, viz. The Hebrews called their Bi∣shop Princeps, Sacerdos, Patriarcha. (Pa∣triarcha was also apply'd to the Fathers or chief of every one of the 12 Tribes as upon a Civil account, so also upon the Ecclesiastick) The Syrians, Presby∣ter, Pastor, Minister, and Curator ani∣marum: The Arabians, Pastor, and Ob∣servator animarum: The Aethiopians, Pa∣pa, Pastor, and Custos animarum: The Graecians, Patriarcha, & Archiepiscopus,

& Pastor animarum, (all which are thus so rendred into Latine by Dr. Walton's Polyglotta from the Oriental tongues;) so as the 4 chief Titles and the others hav∣ing but one signification, and those Titles dispersed into several Regions, every one using what they thought fit in their own Territories, I shall only betake my self to Episcopus and Papa, as having been used not only in Brittain and Rome, but more universally in most parts of the World, (unless we admit Presbyter from Presbyter-Johns Country to be an Eccle∣siastical Title) So having shewn the meaning of the word Bishop in general, the Antiquity of it is not to be past over. The Jewish Graecians did use it in their Old-Testament, for in Psal. the 109.28. they read Episcopatum ejus accipiet alter, (which very Text St. Luke cites in the First of the Acts v. 20. upon the Election of Matthias to be an Apostle, (instead of Judas) viz. Let another take his Bishoprick, which shew that the word was in use a∣mong the Graecians before Christs time, and was no new imposed word upon the Christians, but a compliance with Jewish Titles to win the circumciz'd Jews in Greece; and this may be said, that though Rome did change the name from Bishop to Patriarck, Archbishop, and Pope, which

signifies no more than Father or chief Fa∣ther, yet Brittain hath been very constant to the name of Bishop, and did not take upon it Archbishop till the Emperor Con∣stantius Chlorus or the Pope, thought it worthy of that Title.

6. In this Section I place Brittain before Rome, because our Histories tell us that Aristobulus was ordained Bishop of Brit∣tain, (and Joseph of Arimathea there with him) 5 years before Linus, (the first Bishop of Rome was made Bishop of Rome) and so now I shall take a short view of the Priority and Successions in both places, relating to the subject of this Treatise.

Aristobulus is affirmed, as I said, to be the first Bishop of Brittain, and some few years before any Bishop was Constituted at Rome; but what the names were of such Bishops as succeeded him, is uncer∣tain; (for the reasons before given) but the Story relates, That about an 100. years after Christ, one Lucius was King of Brit∣tain, and was the first King of this Island who embraced the Christian Religion. Whereupon he sent Damianus and Fugatius to Eleutherius, then Pope of Rome; so it is very probable they were Bishops and Successors to Aristobulus, and Instruments of the Kings Conversion; for none else could be supposed to make attempts on

the King, but such whose eminent Titles and Employments did give them the more opportune admission; and doubtless these were very considerable Persons, especially Damianus, whose very name continues at Rome even to this day in great renown; for we find that at one time, a Bishop was of that name, and at another time a Bishop Cardinal, and a Church is still in Rome, (de∣dicated Sancto Cosmo, and Damiano) be∣longing to one of the 14 Deacon-Cardi∣nals. These two Bishops, or at least emi∣nent Persons, were sent to Eleutherius, to confer about the ordering of the Church-Affairs, and it seems they did acquaint the Pope, (as appears by that Letter) that King Lucius had the Old Testament, and the Writings of the Apostles, called the New Testament; so that the Christian Doctrine being fixt here, there seemed nothing more to be done, than to settle the Discipline, and the means for its sup∣port; wherein it may be justly collected, that the King desired such concurrence with the Pope of Rome, as might not disoblige him or the Roman Emperour Commodus, to whom he was a Tributary, and with whom in all Civil matters this King stood then more fair and quiet than his Predecessors had done before him.

7. I have given a brief account of the Managers of the Christian Religion in Brittain, from Aristobulus to Damianus and Fugatius, in the time of King Lucius. I will now see what was done at Rome in that time, concerning which their Histo∣ries tell us that Linus was the first Bishop, (who according to computation, was 5 years after Aristobulus was Bishop of Brittain) but St. Jerome is as zealous to have St. Peter the first Bishop of Rome before Linus, as Ireneus to have Linus the First, (two great Fathers of that Church) so that if St. Peter be first, then we must account 13 to Eleutherius, (before named) if Linus, then Eleutherius is the 12th. (and with this computation of Ireneus, most Histories do agree) The first Eight of these Twelve had no other Title than Bishop; till Eugenius the Ninth of that See, took upon him the name of Papa or Pope, (and afterwards Hildebrand call'd Gregory the 7th. challenged it as his sole right to be called Pope) and so Eleutherius being the 4th. Pope from Eugenius, and the 9th. in Succession from Linus, did return a kind Answer to King Lucius, by two eminent Persons which the Pope also sent, viz. Hel∣vanus and Meduanus, and with them a Letter, which may be read at large, where∣in

in the Pope takes notice that the Old and New Testament were then in Brittain, and in that Letter (leaving the ordering of Ecclesiastical affairs in Brittain to the King) declared him to be Christs Vicar in his own Kingdom: which made King Lucius go cheerfully on, and (as History tells us) that whereas the Archflamins had been the chief Managers of the Pagan Religion in this Isle, (each having one Province) the King reduced those Three Provinces to Two, and placed Two Arch∣bishops therein, and instead of the Flamins did constitute Bishops, and so there was an amity between the Archbishops and Bishops of Brittain, and the Archbishops or Popes of Rome, neither of them strugling for Priority, but still carrying on the work of Christianity.

But the Emperours of Rome declining in their power, and the Pope still taking advantage of their declinations, grew at last so considerable with the Emperours, that they could not safely deny them any thing; so that whereas the Emperors of Rome formerly had the disposal of their Popes, and the Kings of Brittain of their Bi∣shops, (and so other Princes in their Territo∣ries) the Popes by degrees did take the power to themselves, to make what Bishops they pleased, to summon Councils, make De∣crees,

distribute them, and enjoyned obe∣dience to their Universal Jurisdiction, that the name of Pope might be the more authentick.

It was used in many parts of the World besides Rome; for (it is said) that about 300. years after Christ, Nestorius the He∣retick had 6000. Bishops appeared against him, which were under the Government of several Popes, and this was above 300. years before Boniface the 3d. (Popes in∣creasing as well as Bishops) who obtained of Phocas then Emperor of Rome, that none should be called Pope, but the Pope of Rome; and though Gregory (the first) his immediate Predecessor, (but one) declared against it, and many Popes be∣fore him, yet Boniface having obtained this Supremacy (what he did in other Kingdoms I shall omit) in Brittain, to make sure that none should be placed there, but such as should be dependent on Rome; he confirm'd Augustin a Monk the Archbishop of Canterbury, (being made so by his said Predecessor Gregory) and soon after, he and 4 succeeding Boni∣faces filled up all the rest of the Bishop∣ricks, with such Foraigners or others as had a clear dependance on Rome, by Pro∣motions, Stipends, or Forraign Interests, (amongst the rest, Faelix a Burgundian

was made Bishop of Dunwich, in Suffolk, (the fifth Bishoprick then in rank, of which I shall speak more) and so in a few years after, all the Bishopricks which were then, and soon after added, were filled up with his dependents, as also all Abbies, Priories, Monasteries, &c. and so conti∣nued to be supplied according to his ap∣pointment from Rome without any mate∣rial opposition by the Kings of this Island, (but such as hereafter mentioned.) And having this Power, it was no hard matter to fix themselves into all Councils within this Kingdom; for in all Histories we find them as Actors therein, and in respect of their Ecclesiastical Interests, one of the Estates; and when the name of Parliament was given to our chief Council, they were methodically fix'd in the second rank of the Pawns, and so in the Clause Rolls: and this place in Parliament was never denied them whilst they continued here. But the Pope's Power and Supremacy over this Island was ever disgusted by our suc∣cessive Kings; yet being back'd by so great a Temporal Prince (as the Pope of Rome) joyned with the Interest which by long continuance they had gained from the Em∣perours, the Kings of this Island had little success in their struglings. For w•• see King John tried it, to his co•••• by

single oppositions, without the Kingdom's unanimous Conjunctures. Aftewards Henry the Third began again, and other suc∣ceeding Kings did try what Parliamen∣tary or Municipal Laws could effect, and to that end these following Laws were Enacted.

7.* 15.35 Henry the Third, Anno 9. cap. 33. (being part of the great Charter) that Parliament did grant, That all Patrons of Abbies which have the Kings Charters of England of Advowson, or have old Te∣nure, or possession of the same, shall have the custody of them when they fell void, as it hath been accustomed, and as it is be∣fore declared. See Coke Inst. 2.

Henry the Third, Anno 9. cap. 36. (being also part of the great Charter) the Parliament did grant, That if any Man should hereafter give Lands to a Re∣ligious House, the Grant shall be void, and the Land forfeit to the Lord of the Fee, and in corroboration and Inlarging of this Statute many other Laws were made 7 Ed. 1. and by 18 Ed. 3. & 15 R. 2. and 23 H. 4. called the Statute of Mortmain.

Edward the First,* 15.36 Anno 35. cap. 1. made the Statute de Asportatis Religiosorum, wherein it is declared, That the Monaste∣ries, Priories and Religious Houses in this Realm were founded by the King and his

Progenitors, and by the Noblemen and their Ancestors; and that no Abbot, &c. shall lay any Tax on any Religious House, to send the same beyond Sea, or carry any Goods with them out of the Kingdom; and that no Abbots (being Aliens) shall impose any Tax, &c.

Edward the Second, Anno 9. Enacted,* 15.37 That the King by his Letters may absolve Excommunications, where they were made in prejudice of his Liberty or Prerogative; (to shew the King's Power above Ecclesia∣stick Censures of the Pope; and this may be of great Use.)

Edward the Third, Anno 25.* 15.38 That the King went on further by Act of Parlia∣ment, forbidding (under a Praemunire) all applications to Rome for obtaining any Ecclesiastick Preferments, or in Suing to the Court of Rome for Reversing any Judg∣ments.

Richard the Second did back this Statute with several other Statutes,* 15.39 viz. in Anno 3. cap. 3. and Anno 7. cap. 12. & 15. and Anno 13. cap. 2, & 3. and Anno 16. cap. 2, & 5. and in these same Parliaments the Archbishop protested against the Pope's Authority in England: And good reason for it, as Sir Richard Baker in his History tells us, That about this time the Ab∣bots, Bishops, &c. which were placed here

by the Pope, were so numerous, that it was proposed to him by the Commons, that he would please with their Revenues to make 150 Earls, 1500 Knights, 6200 Esquires, and Erect 200 Hospitals for maintaining of maimed Soldiers, &c. But it seems he had not that Courage which Henry the Eighth did after assume, and it was need∣less for one or two to oppose his Power. However,* 15.40 Henry the Fourth went on, and in the Second and Seventh Years of his Reign, made Acts against Purchasing of Bulls from the Pope, for Exemptions or Be∣nefices.

Also Henry the Fifth,* 15.41 Anno 5. cap. 4. made Acts against Provisors from the Pope; and all these subject to a Praemu∣nire.

In Henry the Sixth's time,* 15.42 the Bishop of Winchester, being made Cardinal, was admitted of the King's Council, with this Protestation, That he should absent himself in all Affairs and Coun∣cils wherein the Pope or See of Rome were concerned, (which he assented to:) and also he Enacted, That no Alien should be a Broker.

That Priories and Aliens Lands should be seiz'd in time of War.

That no Advowson, Presentation, Colla∣tion, or Induction, be made to any A∣lien

of any Benefice or Ecclesiastick Dig∣nity.

That Aliens attending the Queen or King be removed and banished (except those allowed by the Council.)

That Aliens should lodge only in Eng∣lishmens Houses; and to serve in War, if able.

That no Priors be Collectors of Disms.

He also confirmed the Statutes against Provisions by the See of Rome.

In Edward the Fourth,* 15.43 Richard the Third, and Henry the Seventh's time, there was a Calm to that See; none of the Laws repealed, but so slenderly used, that they made no great impression at Rome; and though these and former Kings did strive to make their respective Suprema∣cies in Ecclesiastick Matters within their Dominions, and to lessen the Pope's Power and Profit, yet none could substantially ef∣fect it, till Henry the 8th, who seeing there was no other remedy, and that all Laws against the Roman See were evaded, and other Essays fruitless, he fell to't with right down Blows (which is the only way to master a good Fencer) as will appear in this next Section.

8. Henry the Eighth did so contrive his matters,* 15.44 that he did first ingratiate him∣self with the Pope by writing (in defence of the Church of Rome) a Book against Luther; which so affected the Pope, that he immediately sent him a Bull; (which is in the same nature of a Patent with us) and therein gave him the Title of Defen∣sor Fidei;* 15.45 which he accepted, and for three years,* 15.46 viz. in the 21, 22, and 23 years of his Reign went plausibly on, by making several Acts about Wills and Testaments, Mortuaries, and against Pluralities, and Sanctuaries, and Deeds to Churches; but in the 24th he began to discover his Opi∣nion,* 15.47 that though he was for the Doctrine of the Church of Rome, against Luther, yet he had no mind to suffer his Kingdom to be exhausted for the Support of the Court of Rome: whereupon an Act of Parliament was made against all Appeals to Rome;* 15.48 and the next year, Anno 25. That no First Fruits should be paid (as for∣merly, out of this Kingdom) to Rome: And in another Act, That not any Impo∣sition should be laid on his Subjects by co∣lour of any Power from the Pope; and then, to secure himself, and rivet his Sub∣jects to him, an Act was made, decla∣ring his Title and his Successor's to the Crown: That being done, an Act of Par∣liament

was made, Anno 26. to intitle him Supream Head of the Church of Eng∣land; and in the same year a positive Act,* 15.49 That no First Fruits or Tenths should be paid out of any Promotions in England, to the Pope of Rome.

In this time the King makes Archbi∣shops, Bishops,* 15.50 and Suffragans; and in the 27th year chuseth sixteen Spiritual and 16 Temporal Lords to settle the Canons for the Church of England, and erect an Office of Augmentation: so, as having gained the two points of his Supremacy, in opposition to the Church and Court of Rome, viz. Defensor Fidei & Supremum Caput, one from the Pope himself, the other from the Parliament; and setled an Office for his purpose: In the same year all Monasteries, &c. under 200 l. per Annum, and all the Ornaments, Goods and Jewels belonging to those Houses, were setled on him and his Heirs by Acts of Parliament. And four years after, viz. 31 H. 8. it was Enacted,* 15.51 That the King and his Heirs should have all Monasteries, Abbies, Priories, and other Religious Houses dissolved, or to be dissolved, with their Mannors, Lands, &c. And yet it is observable, That in this very Parliament of 31 H. 8. there were twenty Roman Bi∣shops, twenty four Abbots, and two Priors,

in all forty six, and but forty four Tem∣poral Lords, the Act for Precedency in the House of Lords made the same year, being not (as I conceive) altogether for regulating Precedencies, but for purging the Abbots, &c. by that Act of Parlia∣ment; so as doubtless they lost their Inte∣rest more by the King's resolution for ex∣punging them, than by Vote of Parlia∣ment.

9. However, the Abbots, Priors, &c. being thus dissolved (their Baronies, by which they did formerly there sit, being dispo∣sed of to other persons,) they had no foundation to sit in the Lords House, which caus'd the first great Alteration in the Me∣thod of the following Writs, for such as were to sit there, (as will be further shewn.)

And in this great Alteration, doubtless, there was also a Divine Hand; for as Pope Boniface the Third (before mentioned) did put out all the English Bishops, and placed Foreigners (his creatures) in their rooms, and made many more Bishopricks than he found; so now, by the Lex Talionis (Like for Like) Henry the Eighth did put out all the Pope's dependents, and placed such Bishops in their rooms as would justifie the King's Supremacy here, and renounce the Pope's. And accordingly Bishop Bonner,

Cranmer, Gardiner, and others, (who wrote against the Pope's Supremacy) were made, one an Archbishop, and the others Bishops. And he also did erect six new Bishopricks, viz. Chester, Gloucester, Pe∣terborough, Bristol, Oxford, and Westmin∣ster, (which last, (after one Bishop 〈◊〉〈◊〉 was turned to a Deanary, as now 〈…〉〈…〉 such of the Nobility and Gentry tha•• 〈◊〉〈◊〉 to his Resolutions, wanted not Lands and Mannors to gratifie them.

So that, now he had the Lords Spiritual and Temporal and Commons in Parlia∣ment, and the Kingdom it self on his side, and even the Nobility and Gentry of Eng∣land, who formerly were almost entire for the Popes Authority, their Judgments were now split in two, some for the Court and some for the Church of Rome; and so even the King and many of his Council did live and die in that Persuasion. But he did not think himself safe in carrying on so great an opposition as was like to be, (well knowing how the Papal Interest was dispers'd in all Kingdoms and States of Europe) till he had incouraged the off∣spring of the Waldenses, and other oppo∣sers of Rome in France, Germany, and in other Kingdoms and States, to revive their Doctrines, as also to imbrace the Luthe∣rans Centum Gravamina, and the Calvinian

Institutions, and others less remarkable, (yet all serving to his purpose) whereby, in a few years after, almost all Christen∣dom was brought into a Papal and Antipa∣pal Ballance, or rather consisted of Profes∣sors of the Roman Religion, and Protestors against both the Court and Church of Rome, as Usurping and Antichristian.

10. But on the other side, the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him, he made his Applications to se∣veral Kings and Princes for his assistance; And at last, by a more plausible way, he did obtain a Council of Trent, wherein it is observable, That he did not think fit to move in his Point of Supremacy, till after eighteen years, that That Council had been sitting by Adjournments and Proro∣gations, and then the Question was, That Episcopus Locum principalem teneret à Ponti∣fice Romano dependentem; to which the op∣posers did so far comply, that they allowed, principalem Locum sub Romano Pontisice, but not dependentem; so, after that Council had sate nineteen years, (in the sixth of Queen Elizabeth) it was dissolved by 4 Legats, 20 Cardinals, 3 Patriarchs, 25 Archbishops, 168 Bishops, 7 Abbots, 39 Proctors, and 7 Regulars of General Or∣ders, without Determining that Point (to

the satisfaction either of England or other Kingdoms and States) the Dispute of which begot 7 Civil Wars in France (which lasted near 40 years, till within 3 years of Queen Elizabeths Death) also Inquisitions in Spain and Flanders, Tu∣mults and Wars in Germany, and near 40 years Wars in the Netherlands between them and Spain, and for some few years, Fire, Fagots and Insurrections in England.

11. In this Hurly Burly about Supre∣macy, H. 8. left his Crown to an In∣fant, Edward the 6th;* 15.52 who had the Laws against Rome corroborated, and his Re∣venues augmented by Chappels, Chan∣tries, &c. enjoying them but few years; and then the Pope revived fresh experi∣ments by Queen,* 15.53 Mary to reverse all, espe∣cially after she was Married to King Phil∣lip, compelling a submission to the Popes Supremacy by Fire and Fagots, so as, in H. 8. time and even till now (upon the suddain Changes of Religion it might be said by the Historian) Deus bone hic suspen∣duntur Papistae, illic comburuntur Anti∣papistae: but her time being short, the Su∣premacy was once more reverst, and taken up by Queen Elizabeth,* 15.54 who managed it with such dexterity (considering the con∣juncture of Affairs in this and other King∣doms and States) that it was needless for

the Pope to make any open Attempts, but by Mariages, Foreign Negotiations, and the assurances given by some of the chiefest Nobility and Gentry of the Roman per∣suasion in this Kingdom (who were, as they pretended, for the Church, and not for the Court of Romes Supremacy) of their peaceable resolutions; the Billows of penal Laws seem'd to be calmed, and this Kingdom thought it self as secure, as the pretty Halcion in her Nest.

But those who kept to Calvins Institu∣tions in England and Scotland, were finely yoak't together to a disturbance; for it be∣ing insinuated to them That the Title of Su∣pream Head of the Church (given by Act of Parliament) was declined and dwind∣led into an &c. and that the Title of De∣fender of the Faith (given by the Pope) did only remain with an &c. made them call to mind what was alledged in the Council of Trent, That the original of Church-Government was Aristocratical, and Governed by a certain number of the Presbytery, and afterwards it was thought fit to put it into a Monarchical way, viz. by a Bishop (as Superintendent;) and finding that the Popes and Kings of Eng∣land and other Princes, had long disputed about this Ecclesiastical Monarchy, with∣out determination (only in a connivance)

they thought it convenient to return to the Primitive way of Aristocracy, and set up Presbytery (that original Government as was pretended,) and thereupon one & all cried against Bishops (which bravely workt for the Papal interest;) & the clamour pro∣ved so geat that the Learned King James did what he could by Writing to quiet them, & his unfortunate, thought Blessed Son, King Charles the First tried it by Action, but without Success. For the Independent, Anabaptist, Fifth Monarchy-Men and others, coming into the Presbyters assistance, he was necessitated after the Wars with Scot∣land upon the same grounds, amongst other condescentions to yield (with the Consent of the Lords Temporal,* 15.55 and Commons) and pass an Act for Abolishing the Bishops temporal Jurisdiction in this Kingdom.

Now see what followed; instead of making of Earls, Knights and Squires, and maintaining of Hospitals, as was pro∣posed to Richard the 2d. (as I said) the Bishops were not only put out of the House of Lords, but the Temporal Lords soon after, and the Knights and Squires secluded from the House of Commons, and the Hospitals, (and all) ruined by an intestine Bloody War, the King Sacrificed, and every one of the Machineers disap∣pointed of their original plausible inten∣tions;

and in conclusion, by most mi∣raculous Turns in Assairs, there was a total submission to a Reestablishment of that Form of Church and State, which they had before so zealously overthrown, and the Bishops again brought into the Lords House.

12. I should now proceed to the Writs, which impowred the Bishops to sit in the Lords House: but first I think it perti∣nent to shew how these two Titles, of Fidei Defensor, & Caput Ecclesiae Anglica∣nae, were used, disused, and altered in theirs and other Writs.

Though all the Kings of England, at their Coronation, are Sworn to defend the Christian Faith, and the words defensio∣nem Ecclesiae Anglicanae, having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope (as I said, for the good Service which Henry the 8. had done, in Writing against Lu∣ther) sent him a Bull, and therein inti∣tuled him Defensor Fidei, with this Cau∣tion, that it should be placed next his Title to France, and before his Title to Ireland; and it may be observed, That in the same year he sent the like Bull to the Emperor Charles the 5th. intituling him also Defen∣sor Fidei; upon which the Emperor took an Oath, not only to be Defensor Fidei,

but Defensor Pontificiae dignitatis, & Ro∣manae Ecclesiae, i. e. Defender of the Court and Church of Rome. But Henry the 8th, though he accepted the Title, did not think fit to be bound by an Oath; nor do I find that he stiled himself in any publick Acts Defensor Fidei, till the 2.1 of his Reign, and then in a Decree made in the Star-Chamber (which is Printed in Poltons Abridgment) he is Stiled Defen∣sor Fidei, & in terra Ecclesiae Anglicanae & Hiberniae Supremum Caput, which was 5 years before the Supremum Caput was settled by Act of Parliament; but as a preparative to it in the 22 of his Reign he is stiled Praepotentissimus & Metuen∣dissimus Angliae & Franciae Rex, and only Fidei Defensor is added, and no mention of Supremum Caput. Then, in the 30 year of his Reign he is Stiled, Defender of the Faith, and Lord of Ireland, and on Earth Supream Head, immediately, under Christ, of the Church of England. In the 32. year he left out the word immediately, and the next year the words under Christ. So that, in the 33 of his Reign the Title was Hen. by the Grace of God King of England, France, and Ireland, Defender of the Faith, and of the Church of England, and also of Ireland, on Earth Supream Head. And thus by making himself King of Ireland, he diso∣beyed

the Pope, in placing Defender after Ireland; and this Title continued thus all his Life, and the Circumscription on his Great Seal wrot accordingly; and so did his Son, Edward the sixth, on His Great Seal, and in Publick Acts. And the like did Queen Mary in the first year of her Reign; but upon her Marriage with King Philip, in the second year of her Reign, (and first of both) their Title was King and Queen of England and France, Naples, Jerusalem and Ireland, Defenders of the Faith, Princes of Spain and Cicily, Arch-Dukes of Austria, Duke of Milan, Bur∣gundy and Brabant, Countess of Hasburgh, Flanders and Tyroll, quite jostling out Supream Head during their Reigns.

When Queen Elizabeth came to the Crown, the Circumscription of her Great Seal was Elizabetha Dei gratiâ Angliae, Franciae & Hiberniae Regina, Fidei De∣fensor, yet she maintained both Titles of Defensor and Supream during her Reign.

When King James came to the Crown, the Circumscription of his Broad Seal was also Jacobus Dei gratiâ Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei Defensor, and no more; yet he maintained the other Point both in his Government and Wri∣tings, as may be read in his Praemonition to

all Christian Monarchs, and his Declara∣tion against Vorstius, and his Defence of the Right of Kings against Cardinal Perrone, and in several of his Speeches in Parlia∣ment, leaving men at liberty, as Queen Elizabeth did, to use the Title of Supream Head in their Pulpits and Evidences as they thought fit; so as the learned Cambden in his Dedication of his Britannia to King James, instead of Defensor, writes him Propugnator Fidei.

When King Charles the First came to his Crown, the Circumscription of his Great Seal was Carolus Dei gratiâ Rex Angliae, Scotiae, Franciae & Hiberniae, Fidei Defen∣sor, and no more; yet to justifie both Titles, in the seventeenth year of his Reign he caused the 39 Articles (which were agreed on in the fourth of Queen Elizabeth) to be reprinted, and in the Front did publish his own Declaration in these words: Being by God's Ordinance, according to our just Titles, Defender of the Faith, and Su∣pream Governour of the Church within these Our Dominions, He therein declares, That the Articles of the Church of England, al∣lowed and authorized heretofore, do contain the Doctrine of the Church of England, and requires his Subjects to continue in the uni∣form profession thereof. And then, as to the Discipline he further declares himself Su∣pream

Governor of the Church of England, and that if any difference arise about the external Policy concerning Injunctions, Can∣nons, or other Constitutions whatsoever thereunto belonging, the Clergy in their Con∣vocations is to order and settle them, (having first obtained leave under his Ma∣jesties Broad Seal so to do) and he appro∣ving their said Ordinances and Constitu∣tions. So here the word Supream Head is changed into Supream Governour.

When King Charles the Second came to the Crown, the Circumscription of his Broad Seal was Carolus Secundus Dei gra∣tiâ Angliae, Scotiae, Franciae & Hiberniae Rex, Fidei Defensor, and no more; yet to justifie both Titles, the very same year of his Return, Anno 1660. he publish'd a Declaration to all his loving Subjects (well worth the reading) concerning Ec∣clesiastical Affairs, which shews both his Christian condescention to his Subjects, and Justifications to those two Titles for which he is styl'd by Writers Supream Mo∣derator.

Now though in all Parliament-Writs which have come to my view, and in other publick Acts, and Writings since the first of Queen Elizabeth to this time, af∣ter the words Defender of the Faith (ex∣cept in their Broad Seals) there is added

only one &c. which I conceive was done for brevity, and must be understood in re∣lation to the Act of 36 Hen. 8. never yet repealed, and every man had then and hath still liberty in their Deeds or Pulpits to mention the full Titles, but by de∣grees, about the year 1640. it began to cease in Pulpits, and soon after in Pens, contenting themselves with the &c.

These and other matters (seeming trivial, though proving dangerous in the conse∣quences) were yielded to as condescentions to gratifie a dissenting party in England, who, very probably, were incited thereunto, by underworking Papal Contrivers, (being excellent Artists in spurring on the least humour of Schism in this Church) and so dealing in little things till greater were ripen'd, in which latter they often made Attempts, as may be read in Queen Eliza∣beth, King James, King Charles the First, and this present King's time (yet without success) except in the Assassination of King Charles the first, which was ma∣nag'd with such dexterity, that it was made difficult to judge whether some of the English Dissenters in those times, or the Romish Incensors were the chief Actors. And after that it was carried on by a subtil way of redeeming their credits in this King's Preservation at Worcester, yet still

underhand endeavouring to subvert the whole Fabrick of this Kingdom, as was discovered about the end of this Parlia∣ment, 1678. (which determin'd my publick Employments, and therefore shall leave that Subject to other Pens.)

Thus the new Empire of Rome and the old Empire of England have strugled through many Ages for Supremacy.

It is the Interest of England to be quiet within its own liquid Arms, and so increase it self, with other Kingdoms and States, by a real mutual Traffick and Commerce. But it is the Interest of Rome to be trouble∣some, and increase it self in all Kingdoms and States, without any real commuta∣tion or advantage to any but it self.

Yet it is difficult to make the Dissenters to the Church of England believe that the way which they take in opposing Rome will in time be destructive to their own Designs and Opinions. Some of the Dis∣senters to the Church of England see and know this, yet are so inveigled by such Dissenters to the Court of Rome (who pre∣tend to be for that Church, but not for that Court) under a plausible notion of Liber∣ty, as may destroy that which they ought to maintain, viz. to prevent the Inunda∣tion of Rome, whereby they bring it to this Question, Whether they had better

comply with a Foreign Interest, which they pretend to hate, or their Native In∣terest, which they pretend to love; and whether they are not like (by concurring with those pretended half Romanists, which they do in effect, by opposing the English Constitutions) to fall into that which they pretend to avoid. For these admitting one Error, are subject by those delusions to strike upon greater, because they who now are only for the Church of Rome against the Court, will undoubtedly (when they have gain'd their Proselytes) be both for the Church and Court of Rome, when they have once the Dissenters of the Church of England to be its Opposers; for Dissention mounts as naturally to violent Opposition, as Conspiracies to Rebel∣lion.

And now, craving pardon for this long digression, I shall proceed to the Writs by which the Bishops have been anciently and still are Summon'd to sit in Parlia∣ment Cum Praelatis Magnatibus & Proceri∣bus, giving this Hint, That their Sum∣mons to Parliament were still in relation to their Baronies, and their advancements to other Dignities as well Ecclesiastical as Civil, was and is in respect of their great Learning, Knowledge, Fidelity and Expe∣rience in Affairs.

And now I shall set down the Form of their Writs of Summons both Ancient and Modern.

SECT. XIII. The Form of the Exemplar Writ to the Arch-Bishop of Canterbury, 15 Edw. 2.

EDwardus Dei gratiâ Rex Angliae, Dominus Hiberniae, & Dux Aqui∣taniae,

venerabili in Christo Patri Walte∣ro eadem gratiâ Cantuarii Archiepiscopo, totius Angliae Primati, Salutem.

Quia su∣per diversis arduis negotiis nos, statum Regni nostri specialiter tangentibus, Par∣liamentum nostrum apud Eborum à die Paschae proximo futuro in tres septimanas teneri, & vobiscum & cum caeteris Praelatis magnatibus & proceribus dicti Regni habe∣re proponimus Colloquium tractatum Vobis Mandamus in fide & dilectione quibus nobis tenemeni firmiter injungentes, quod dictis die & loco omnibus aliis praeter∣missis personaliter intersitis ibidem nobis∣cum & cum caeteris Praelatis Magnatibus & Proceribus supra dictis negotiis tracta∣turi vestrum{que} Consilium impensuri, Prae∣monentes Priorem & Capellanum Ecclesiae vestrae Cantuariae Archidiaconos totum{que}

Clerum vestrae Diocesae quod iidem Pri∣or & Archidiaconus in propriis personis suis dictum Capellanum per unum idem{que} clerum per duos procuratores idoneos ple∣nam & sufficientem potestatem ab ipsis Capellano & Clero habentes uná vobiscum intersitis modis omnibus tunc & ibidem ad faciendum & consentiendum hiis quae tunc & ibidem de communi consilio (faven∣te deo) ordinari contigerint super negotiis antedictis. Et hoc nullatenus omittatis.

Teste meipso apud Derby 10 Martii Anno Regni nostri quintodecimo.

Observations.

THe same reasons which guided me in the 3d. Chapter, to begin with a Writ in Ed. 2d. time to a Prince of the Blood, induced me here also to begin with a Writ of the same Date, from the same King to the Bishops; and here it may be observ'd, that this is the first Writ in the Tower-Record, wherein the Praemonentes are added to the Writ, for before this Writ (in respect of the Bishops Baronies) their Writs were in the same Form, as to the Temporal Barons (of which some are Cited by Mr. Pryn and others) but here such of the Clergy as are therein men∣tioned, viz. Priors, Archdeacons, &c. were

to be Forwarn'd, Cited, or Summon'd by the Bishops; and yet this Clause of the Praemonentes in their Writs was not con∣stantly us'd in after-times; for in some sub∣sequent Kings Reigns since this of Ed. 2. it is omitted; but very rarely. And so in some Clause Rolls there are Exemplars to the Archbishop, but no Consimilars mentioned; and likewise an Exemplar to some Temporal Lord, but no Consimilars named, which doubtless was the Error of Clerks, for there are Seal'd Writs of both sorts, extant at such times as they were omitted in the Rolls. But from Hen. 8. to this time, there is no material altera∣tion from this Ancient Form; Except in some few particulars, which will be shewn in the following Writs.

SECT. XV. The First Writ in the Pettibag amongst the Pawns 21. Hen. 8. is to Cardinal Wolsey Archbishop of York, viz.

HEnricus octavus Dei gratiâ Angliae & Franciae Rex Fidei Defensor & Dominus Hiberniae. Reverendissimo in Christo Patri Thomae miseratione divina tituli sanctae Cicilliae Trans-Tyburinae Sa∣crosanctae

Romanae Ecclesiae Presbytero Cardinali Archiepiscopo Eborum, Angliae Primati & Apostolicae ac etiam de Latere Episcopo Wintoniensi nec non exempti Monasterii Sancti Albani Commendatorio perpetuo Salutem. Quia de advisamento & assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem Regni nostri Angliae & Ecclesiae Anglicanae concernentibus quod∣dam Parliamentum nostrum apud Civita∣tem nostrum Londini tertio die Novem∣bris proximo futuro teneri ordinavimus, ac ibidem vobiscum ac cum caeteris Pre∣latis Magnatibus & Proceribus dicti Reg∣ni nostri Colloquium habere & tractatum. Vobis sub fide & dilectione quibus nobis tenemini firmiter injungendo manda∣mus quod consideratis dictorum ne∣gotiorum arduitate & periculis immi∣nentibus cessante excusatione quacunque, dictis die & loco personaliter intersitis nobiscum & cum Praelatis Magnatibus & Proceribus praedictis super dictis negotiis tractaturum vestrumque Concilium im∣pensur' & hoc sicut nos & honorem nostrum & salvationem & defensionem Regni & Ecclesiae supra praedictorum ex∣peditionemque dictorum negotiorum dili∣gitis nullatenus omittatis Praemonentes tam Decanum & Capitulum Ecclesiae vestrae

Ebor' quam Prior' & Capit' Ecclesiae vestrae Wintoniae nec non Archidiaconum totum{que} Clerum vestrarum diocesium praedictarum quod iidem Diaconus & Prior nec non Archidiaconi in propriis personis suis ac utrumque Capitulorum praedictorum per unum idemque Clerum per duos procura∣tores Idoneos plenam & sufficien' potesta∣tem ab ipsis Capitulis & Clero divisim habentes praedicto die & loco personaliter interserint ad consentiendum hijs quae tunc ibidem de Communi Concilio dicti Regni nostri (divina favente Clementia) contigerint ordinari. Teste meipso apud Westm' nono die Augusti Anno Regni nostri vicesimo primo.

Consimilia brevia dirigenda Archiepis∣copo Canturiensi & Episcopis subscrip∣tis sub eadem dat' viz.

Reverendissimo in Christo Patri Guli∣elmo eadem gratiâ Archiepiscopo Cantu∣riensi totius Angliae Primati.

• Cutberto Episcopo Londin. D.
• Johanni Episcopo Exon. D.
• Nicolao Episcopo Elien. D.
• Johanni Episcopo Lincoln. D.
• Laurentio Episcopo Sarum. D.
• Johanni Episcopo Carlilin. P.
• Johanni Episcopo Roffensi. P.

• Roulando Episcopo Coventry & Lich∣ffeldiae.
• Henrico Episcopo Assanensis. D.
• Georgio Episcopo Landavensis. D.
• Thomae Episcopo Bangorensis. P.
• Gulielmo Episcopo Norwicae. P.
• Johanni Episcopo Herefordiae. D.
• Roberto Episcopo Wintoniensis. D.
• Gulielmo Episcopo Bathon. & Wellen.
• Roberto Episcopo Cecestriae. D.
• Custodi Spiritualitatis Episcopatûs Wi∣gorn. ipso Episcopo in Remotis agente.
• Custodi Spiritualitatis Episcopatûs Dun∣elmensis ipsa fede vacante.

XX. in all.

SECT. XVI. Observations on this Writ to Cardinal Wolsey.

THis Writ, except the Title of it, is like that of Ed. 2d. yet I have thought fit to enter it for some reasons particu∣larly.

1st. For the Eminent nature of the Titles which this Cardinal ascrib'd to him∣self, who had also tryed several experi∣ments to have been made Pope: and pro∣bably the Passions of Hen. 8. and the

Cardinals disappointments therein, might hasten the dissolution of the Abbots, and other proceedings in order to the lessening the Popes interest here; and this refusal of the Cardinal, may justly give an oc∣casion to say that the English have always had hard measure in their Attempts there∣in; for though the Conclave have ad∣mitted above 50. English men to be Car∣dinals, yet (it seems) their Policy hath been not to admit of any English man to be Pope (except one in our Henry 2. time) called Nicolas Brakespear, who be∣ing Pope, Intituled himself Adrian the 4th.) so that from Higynus's time there hath been but one English man made Pope (unless Johannes natione Anglicus,* 15.56 officio Pa∣pa, Sexu Faemina quae sedet in Papatu An. 20. Mens. 6. who in English we call Pope Joane) be allow'd for one of the 246. Popes to this time, yet the Pope hath exercised the highest Jurisdiction here that England could afford, which is a very Partial and unequal way of dealing.

2. The 2d. reason of Entring this Writ, is to shew that the Archbishop of York, was herein the Exemplar to the Archbishop of Canterbury, of which there is no Precedent before; for the three Car∣dinals which were Archbishops, viz. in the time of King John, Edward the 3d,

and Hen. the 6th. were all three Arch∣bishops of Canterbury, so as this prece∣dency must be attributed to the Cardi∣nals Dignity above all Archbishops, and not to any irregularity in placing the Ex∣emplar. And here it may be observed, that as the Title of Archbishop did long since leap over the Title of Bishop, and the Titles of Patriarch and Pope, over Archbishops, afterwards, viz. Anno Christi 1099. when the Title of Cardinal first began (by Pope Pascal the 2d. his institution) the Title being rais'd by him, of certain Parochial Priests in Rome (of whom he had more confidence) did in effect leap over all the Four other Degrees, and by it had the sole power of Electing Popes, being under their management; so as the Pope hath only the Title left, and the 70 Cardinals the power of Electing him, in which they are unwilling to admit of any English man, although if they did, he would be so over∣ballanc'd, that there were no great hazard of his Election. In the mean time, the Conclave is so kind to its own Interest, as to appoint one of those Cardinals to be Pro∣tector of England, he being at this day Stiled, Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector.

3. It may be observed that amongst many other Titles he Intitled himself Pres∣byter,

to gratifie all interests.

4. Though H. 8. might intitle him∣self Fidei Defensor 8 years before this Writ, yet this is the first Writ on Record where∣in this Title is given; and this also is the last Writ, that I find was sent to any Cardi∣nal to sit in Parliament; for though Car∣dinal Pool was Cardinal, and Archbishop of Canterbury in Queen Mary's time; yet he had no Writ, either as Cardinal, or Archbishop, or both; but the Exemplar was in that Parliament, to the Bishop of Win∣chester, and no Writs to the Bishops of Can∣terbury, York, London, or Durham.

5. When this Writ was made, he was Lord Chancellor, yet it is not inserted in the Writ, possibly because Sir Thomas More was in Prospect to be Lord Chancellor, and was actually so before the Parliament met. And now having shewn the first Writ among the Pawns, I shall proceed to the Writs in the subsequent Pawns, and then shew the alte∣ration of them.

The second Pawn or bundle of Writs extant in the Pettibag is of the 31 of Hen. 8th. wherein the first Writ is to Thomas Archbishop of Canterbury; and this Writ also agrees with the former (except in the Titles) and with all the Writs to Arch∣bishops, from Edward the 2ds. time to this, as they are in the Clause Rolls.

The third Pawn, or Record of Writs in the Pettibag, is of the 36 of Hen. 8th. which is the remarkable Writ, because it differs from all the former Writs since Ed. 2ds. time, both in the Titles and the Praemonition; for in this Writ he is intituled King of Ireland, and Supream Head; but before this, only Lord of Ire∣land. Now as to the Title of King of Ireland, Hen. the 2d. did give the same to his Son King John, but the Pope would not let him enjoy it; nor did any of his Successors assume it, till Hen. the 8th. resolved to reassume it in defiance of the Pope, and writ himself King of Ireland, instead of Lord of Ireland; because, as I said in the former Section, he would not place the Title of Defender, before Ireland, as the Pope had directed him in his Bull; or it may be in respect the Pope pretended a Title under King John to Ireland; and as for the other Title of Supream Head, though it was given him by the Parliament 12 years before, yet I find it not in any Parliament Writ till this year of the 36. H. 8. So that the Preamble, or Titular part of the Writ is thus, Henricus Dei gratiâ Angliae Franciae & Hiberniae Rex, fidei Defensor, & Ecclesiae Anglicanae & Hiberniae Supremum Caput. Then for the Premonition, whereas the words Priorem

Capellanum or Capitulum were plac'd next unto Praemonentes; in this Writ the words were Praemonentes Decanum & Capitulum, because Abbies and Priories were newly dissolv'd, and Deanaries Constituted and so the Writs thus alter'd have continued till this Writ for the year 1661. But before I set down the Writ for 1661, I must a little repeat some short progresses and methods ushering in that Writ, for though the Bi∣shops were in the year 1641. by an Act of King Charles the First, with the Consent of the Lords Temporal, and Commons, disabled from Exercising any Temporal Jurisdiction or Authority; and thereupon, soon after put out of the Lords House (as I have shewn) yet there was no occasion of new Writs to them till the year 1661. and then there could be no new Writs made for their Restauration, till they were restor'd by the same power of King, Lords Temporal, and Commons, by repealing that Act; in order to which the remnant of the Parliament of 1640 (which still continued in several shapes) was by the Kings Consent dissolv'd, his Majesty ap∣pointing another to begin in April 1660. So the 29th. of May 1660. he came suc∣cessfully from beyond Seas to confirm it, and this Parliament lasted till December following, in which time, as Prepara∣tories

to the Bishops Introduction; provi∣sions were made for restoring Ministers who had been outed of their Livings, and also Commissioners were appointed (who did sit accordingly) to compose the differences which might arise between the Purchasers of the Bishops Lands and the Bishop, wherein they us'd so great Lenity, that the Bishops did come into their Temporalities; (with some satis∣faction to both Interests) (after they had been injoyed by the Purchasers near Twenty Years) and in the same Month his Majesty did also set out a Declarati∣on before mention'd, concerning Ecclesi∣astical Affairs; and after these Prepara∣tories, that Parliament consisting of the King, Lords Temporal, and Commons, being also Dissolv'd, as I said, in Decemb. His Majesty was pleas'd in February fol∣lowing, to Summon another Parliament of the Lords Temporal, and Commons, to begin the Eighth of May 1661. before which time, his Coronation was Solem∣niz'd, viz. the Twenty third of April 1661. yet before the Ceremony was per∣form'd, he thought himself oblig'd to take Care for the Bishops, (for many Ceremonies essential to his Coronation were to be perform'd by them) and there∣upon

at a full Council in Whitehall, the Tenth of April, this Order was made:

ORdered by his Majesty, That the Lord Chancellor do forthwith give directions to the Clerk of the Crown, to draw up Writs of Summons to pass his Majesties Great Seal, directed to the most Reverend Father in God, William Lord Archbishop of Canterbury, and Accepted Lord Bishop of York, for Convocation of the Lords, Bishops, Deans, Archdeacons, and the Clergy of their respective Provinces in usual Form.

Accordingly, the Parliament met the said Eighth of May 1661. and did sit till the Thirtieth of July, where amongst other Acts, one did pass for Repealing the Act of Abolishing Bishops, and Restoring them to their Estates, Dignities, and Places; and so the Parliament Adjourned to the Twentieth of November following; after which Adjournment, upon the Twen∣ty ninth of August following, the Writs which were ordered the Tenth of April aforesaid, did pass under the Great Seal, and were distributed, so as the Twentieth of November 1661. they did take their places in the House of Lords, and have con∣tinued

so to do during this Parliament; and notwithstanding this long deprivati∣on, (wherein the King himself, the Tem∣poral Lords, and the chief of the Com∣mons were Sharers) they may be said to be in the House of Lords upon an Inter∣est of Right, though the Interest of Form in their Introduction was wanting, that Act of Abolition being partly Authentick, and partly not, (for Acts of Parliament are good Absente Clero, though not Exclu∣so Clero,) and so next I shall shew the Ex∣emplar Writ, as it is entered in the Crown Office, (for it was too late to enter it amongst the Deposits or Pawns in the Pettibag.)

SECT. XX. The Form of the Writ to the Archbishop of Canterbury the 29th. of Aug. 1661.

REx

Reverendissimo in Christo Patri praedilecto & fideli Conciliario nostro Gulielmo eadem gratia Archiepiscopo Can∣tuariensi totius Angliae Primat' & Metropo∣litano Salutem.

Quia de Advisamento & As∣sensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos Statum & de∣fensionem Regni nostri Angliae & Ecclesiae Anglicanae concernen' quoddam Parlia∣mentum nostrum apud Civitatem nostram

Westm' octavo die Maii praeterito teneri ordinavimus & ibidem nobiscum cum caete∣ris Praelat' Magnatibus & proceribus dicti Regni nostri Colloquium habere & tractare Vobis in fide & dilectione quibus nobis te∣nemini rogando Mandamus quod conside∣ratis dictorum negotiorum arduitate & pe∣riculis imminentibus Cessante excusati∣one quacunq' dictis die & loco personalit' intersitis nobiscum ac cum Praelatis Magna∣tibus & Proceribus praedictis super dictis negotiis tractatur' vestrumque Concilium impensur' & hoc sicut nos & honorem nostrum ac Salvationem & defensionem Regni & Ecclesiae praedict' Expeditionem∣que dictorum negotiorum diligetis nulla∣tenus omittatis Praemontes Decanum & Capitulum Ecclesiae vestrae Cantuariae ac Archidiaconos totum{que} Clerum vestrae Diocesis quod idem Decan' & Archidiaco∣ni in propriis personis suis ac dictum Ca∣pitulum per unum idemq' Clerum per duos procuratores idoneos plenam & suffi∣cientem potestatem ab ipsis Capitulis & Clero divisim habentes praedictis die & loco personaliter interfuerint ad consenti∣endum hiis quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari

Teste meipso apud Westm' vicesimo nono Au∣gusti Anno Regni nostri 13. Annoque Dom. 1661.

SECT. XXI. Consimilia Brevia dirigenda.

TO the Archbishop of York; Reve∣rendissimo Accepted Archiepiscopo Eborum Angliae Primati, (leaving out Totius before Angliae) as in the former.

To each of the other Bishops Reveren∣do, &c. as they are entred in the Memo∣rials of the Chancery Crown Office in this following order.

• ...Reverendo
  • Gilberto
  • Johanni
  • Briano
  • Gulielmo
  • Roberto
  • Gulielmo
  • Johanni
  • Mattheo
  • Henrico
  • Humphrido
  • Georgio
  • Roberto
  • Georgio
  • Gulielmo
  • Benjamino
  • Hugoni
  • Richardo
  • Briano
  • Johanni
  • Gilberto
  • Edwardo
  • Gulielmo
  • Nicolao

• ...Episcopo
  • Londini
  • Dunelmensis
  • Wincestriae
  • Bathon & Wells
  • Oxoniae
  • Bangor
  • Ruffensis
  • Eliensis
  • Cicestriae
  • Sarum
  • Worcestriae
  • Lincolniae
  • St. Asaph
  • St. Davids
  • Burgi Petri
  • Llandaff
  • Carlioniae
  • Cestriae
  • Exoniae
  • Bristoll
  • Norwici
  • Glocestriae
  • Herefordiae

• Vulgo Durham
• Rochester
• Chichester
• Salisbury
• Minuensis
• Peterborough
• Carlile
• Exeter

All these Writs dated 29. Aug. 1661. except the last.

Johanni Episcopo Lichfeildiae & Coventriae Jan. 30. 1662.

There is also the Bishop of Man Island, but in respect he hath no Writ to sit in the Lords House, I have not entered him.

Note, That except the two Archbishops and the Bishops of London, Durham, and Winchester, whose Precedencies are setled by the Act of 33. H. 8. all the other Bi∣shops are entred into the Pawns according to the dates of their Consecrations.

SECT. XXII. Observations on the Writ.

UPon comparing the Writ of Edw. the Second, with the middle Writ of 21th. of Hen. the Eighth, and the Writ of the 13. Car. Secundi, these follow-Particulars may be observ'd.

First, The Titles of several Kings in their Writs, as well to the Lords Tempo∣ral as Spiritual, have varied according to the Successive Kings Increase or Decrease of their Dominions, but more remarkably in Hen. the Eighths time, relating to the Clergy (as I have shewn.)

Secondly, All Writs concerning Bi∣shops, from Edward the Seconds time and before, to the 13. of Car. Secundi inclusive, were directed to the Archbi∣shop of Canterbury, as the Exemplar Writ,

in respect of his Dignity, except where any Cardinal was a Bishop of England, or the Popes Vicar-General, or that the See of Canterbury was void, or that a Bishop was Chancellor; and then the Exemplar Writ was directed to that Bishop, and to nei∣ther of the Archbishops; or if both Arch∣bishopricks were void, then to the Bishop of London.

Thirdly, The Exemplar and Consimi∣lar Writs to Bishops, have been generally plac't in the Clause-Rolls, and in all the Pawns extant before any Degrees, except Princes of the Blood, though their places in the Lords House are otherwise.

Fourthly, Sometimes the Writ to the Archbishop was without any Epethit to his Christian name; but the Epithet of the most constant Application was Vene∣rabili Archiepiscopo, and the like to Bi∣shops; but in Hen. the Eighths time it was alter'd, Reverendissimo to Archbishops, and Reverendo to Bishops.

Fifthly, Also an other Title is usually in the Bishops Writs; as in the Writs to the Lords Temporal, viz. Praedilecto & fideli Conciliario, which is not in the anci∣ent Writ; but of late it is entred as an addition to such as are of the Kings Privy Council, whereof the Bishop of Canter∣bury is for the most part one.

Sixthly, In the 36. of Henry the Eighth, the Writ is, Primati & Metropolitano, which latter word was not extant till that Writ.

Seventhly, In the latter Writs, the words de advisamento & assensu Concilii nostri, are entred, which are not in the old Waits, and some other words which are in the Dukes Writ, and not in the old Writs, as may be observed in the Figures which I have placed in that Writ.

Eighthly, And in the Mandamus, in∣stead of Firmiter injungentes to the Tem∣poral Lords, the Writs to the Bishops are Rogando Mandamus; and instead of Fide & ligeantia to the Temporal Lords, it is, In side & dilectione to the Lords Spiritual; so that to the word Praemonentes, the Writs both to the Lords Spiritual and Temporal do agree, as well in the Originals, as Alte∣rations, except in those particulars before nam'd.

Ninthly, From the word Praemonentes in the Writ, there is a greater Latitude of power granted to the Lords Spiritual, than to the Lords Temporal; for the Lords Temporal are not impowred by their Writs to Summon the Laity, (who sit in the House of Commons as Representatives of the Commonalty) but the Lords Spiri∣tual

are impowred by their Writs, to Summon Deacons, Archdeans, and Proctors to attend the Parliament, (as Represen∣tatives of the Clergy) who being met at places appointed, (distinct from the House of Lords, or House of Commons) those places where they meet, have the Titles of Convocations; the Bishops mak∣ing the upper Convocation, the Repre∣sentatives of the Clergy, the lower; Suting to those two of the Laity; one called sometimes, the House of Lords or Peers, or upper House, the other some∣times the House of Commons, or lower House.

The General Writs for this Parliament were dated (as I have shewn) the 18th. of Febr. 1661. to meet the 8th. of May 1661. but the Writs to the Bishops were not dated, till the 29. of August follow∣ing; yet by these Writs, they are ap∣pointed to meet (die & loco) at the day and place, viz. on the Eighth of May, and at Westminster, as in the General Writs; so as the latter Writs seem to com∣mand an Impossibility; but this is to be understood in a Parliament-sence, viz. That the first day of the Meeting of a Parliament, continues to the end of a Session, or Prorogation, and is accounted but as one day, for an Adjournment is

but the continuance of that day; and a passing of Acts upon an Adjournment (as in this case) was not a determining the Session, because they were passed by way of Proviso, That it should not thereby dis∣continue the Parliament; so that the Bi∣shops being admitted before any Session of determining the Parliament, or before any Prorogation of it; it is to be esteem'd in a Parliament-sence, (as I said) as one day. And so it is in Law; where a Sum is due the Eighth of May, payable at Westminster, and not paid till the 29. of August, and then paid in London, and then accepted by the Creditor; it doth bar all breaches or punctilios in Law or Equity, between the Creditor and Debtor.

Besides, If a Parliament continues some Months without Adjournments or Proro∣gations, in which time many Members of both Houses Dye, so as there is a ne∣cessity to send out Writs for a Supply of Members; if the Writs should not issue in a certain Form, with respect to a certain day, though past, it would produce many inconveniencies, attending the Discretion or Indiscretion of Clerks who are to form such Writs; and therefore all Writs though after Prorogations, though many years subsequent, have still reference to the first day of the Parliament, as will be further

shewn; for it hath been the Wisdom of Parliaments to admit of no variation in that point.

Next, As to the place of Meeting; the Bishops are Summon'd to meet Cum Praelatis Magnatibus & proceribus, at West∣minster, which the Bishops do as to their Co-Interest in the House of Lords; but in relation to the inferior Clergy, the Bishops do meet at Westminster, and sometimes Ad∣journ to such places out of Westminster, as the Archbishop or his Vicar appoints; which before the Fire in 1666. was at the Convocation-House on the South-side of St. Pauls Church in London, but since, in Westminster-Abby. The Bishops in all this Parliament sit in Henry the Sevenths Chappel, (as the upper Convocation) the Deans, &c. in St. Benedicts Chappel, on the North-side of the Abby; (as the lower Convocation) so as they have di∣stinct Houses or Places from the House of Lords, and House of Commons, as also distinct days of meeting; but always after the Parliament first meets; and so of sitting some days after any Adjourn∣ment, or Prorogation, or Dissolution, which is appointed beyond the Lords or Commons, as will be shewn in the Chapter of Convocations.

11. Concerning the alteration of Prio∣rem. into Decanum, I have given an account.

12. Instead of favente deo the later Writs say, favente divina clementia.

13. In the old Writs the year of Christ is not added, for it was more than 300 years after Christ, before the Computation was us'd; but in the later Writs it is not omitted.

14. Till about the year 855. there was not above 16 Bishopricks, and then they increas'd to 19 and 21, and in Hen. 8. time to 26, and so they have continued ever since; but in all times there have been several Transplacings, and Transmu∣tations; so as the names of the Bishopricks of Dorchester, Dunwich, Haglested, Syd∣nacester, and Leicester, Landasfirm, Selsy, Sherborn, Chester in Durham, Crediton, and St. Petrocks, 10 in all, are utterly lost and drown'd in the now remaining 26 Bishopricks.

15. The Bishops being men well Educated, in all Sciences Divine and humane, were stil imployed by our Successive Kings, as well in matters Temporal, as Spiritual; for I find that of 153 Chancellors, and Keepers of the Great-Seal (from William the Con∣querours time) there have been 62 Arch∣bishops, and Bishops employ'd in these Offices; and from the first Institution of

Treasurer (in William the 2d's. time to Ed. the 4ths. time) there have been 42. Archbishops and Bishops, Treasurers, but from Ed. the 4th's. to this time, no Bi∣shop hath been Treasurer, except William Archbishop of Canterbury, in Charles the 1sts. time, then Bishop of London; they have been also Chief Justices, &c. But for other Offices, in respect I find them not men∣tion'd in any of their Writs of Summons to Parliaments, as additional Titles: I shall not make any further inquiries; but indeed anciently most of the Judicial Offices in the Kingdom or State, were under the Care, and Management of the Clergy; and therefore the Chancellor, Treasurer, Privy-Seal, &c. were called Clerici, or Clerks, as a distinction from the Laity. And being men generally of the greatest Knowledge and Learning, were thereupon chosen into Offices of the highest na∣ture.

16. That though for many Ages before the end of Hen. the 8th's. Reign) the Bishops were then of the Roman Religion, yet whenever they had the least encou∣ragement from the present Kings of Eng∣land (and sometimes without it) they still oppos'd the Superintendency, and Su∣premacy both of the Church and Court of Rome (as to the Dominions of the re∣spective

Kings of England) protesting that the same was a destruction of the Realm, and Crown of England, which hath al∣ways (said they) been Free, and hath no earthly Sovereignty, but onely God in all Regalities, as may be seen in the Par∣liament Rolls of Rich. 2d, Hen. the 6th. and in other Kings Reigns, and since Hen. the 8th. the Bishops and Clergy under them, have been almost the only Bulwark against the Storms, and Incroachments of Rome upon us.

17. It appears by a long concatenation of Records that they have had these various Titles of Honour, viz. in the Latin Re∣cords Archiepiscopi, & Episcopi, Praelati, Pares, and in such Records as are writ in French or English, Archeves{que} & Eves{que} Archbishops, Bishops, Prelates, Peers, Grantz, Grandees, or Great ones, in di∣stinction of the Lesser Peers, or House of Commons (of which I shall speak more) also Seigniors singly, and Signiors du Par∣lement, also Lords, and Lords Spiritual, and Barons claiming onely a Vital Feudal, Tenurial, and not Nobilitated Peerage, in distinction of the Lords Temporal, whose Peerage is Personal, Hereditary, and No∣bilitated.

18. Though they absent themselves from the House of Lords upon Tryals of

blood, yet it was, and is still in obedi∣ence to the morality of the Canon-Laws; for though those Canon-Laws were practi∣sed in times of Popery, yet the reasonable∣ness, and conscientiousness of that Law still continues; and now we are free from the bondage of Popery, the Protestant Bishops still think themselves obliged to it, as the Papal Bishops were before, like the 4th. Commandment, which still morally obli∣geth Us, as formerly it did the Jews; yet where they do absent themselves in Cases of blood, it is done by leaving Proxy, or protestation of their Right of Sit∣ting, &c.

19. And lastly it may be very well ob∣served, though their influence and Interest (upon a Spiritual, and Temporal account) is spread over this whole Kingdom, their Revenues great; and thereby their Tenants, Officiates, and Dependents very numerous; yet I do not find in Histories, that the Bi∣shops of England did ever raise an Army, to justifie their interest against any of our Kings, or against the other two Estates, of Lords Temporal, or Commons, by Sword, or Force; but still supported it by their Pen, or Prayers.

20. Thus I have given an account of the Managers of Religion in this Island;

and of the Writs, whereby they were Sum∣mon'd to Parliaments; and of other great employments wherein they have been in∣trusted, of a mixt nature, part Civil, and part Ecclesiastick; and both tending to Re∣ligious Duties. I should now proceed to the Writs which concern Abbots and Priors, which till the 36. Hen. 8. were ever entred next the Bishops in the Clause-Rolls, and Pawns; but there having been no Writs directed to them since the said 36. of H. the 8th. (except two in Queen Mary's time; one to the Abbot of West∣minster, the other to the Prior of St. John's of Jerusalem) I shall follow the Method of the Pawns, since the said 36th. year, referring the Discourse of them to the Chapter of Dissolutions; and here pro∣ceed to the third Exemplar Writ, viz. to the Lord Chancellor, being the first Offi∣cer of State, and Principal Assistant, and now annext to a Barony, and after to his Title of Earl, as will be shewn.

CHAP. VIII. The Third Exemplar of the Lord Chan∣cellor, or Lord Keeper.

AMongst the Romans this great Offi∣cer was called Actuarius, Scriba, Notarius, Principis praesentis Vicarius, & Cancellarius; and so it came into France, and amongst the Saxons it had the name of Referendarius; but in England we do not find this Title of Chancellor, till the first of King John An. 1199 (though Lambert, and others derive it from Ed∣ward the Confessors time. This Officer continued in so high an esteem, that in the 5th. of Richard the 2d. The Commons in Parliament in their Exhibits to the King, desired that the most wise and able man in the Realm might be chosen Chancellor, which made Budaeus (one of Hen. the 8ths. Orators) to give this Description, Hunc (saith he) rerum omnium cognitio∣ne, omni Doctrinarum virtutum{que} genere in∣structissimum & ornatissimum, ingenio{que} ad omnia versatili, omnia in numerato habere oportere fatendum est.

This Discription is also to be applyed to the Keeper of the Great Seal, which in∣vention

of a publick Seal, as it was more ancient with the Romans, so it seems to be very ancient with us in England, (that Office being Constituted by William the Conquerer in the Year 1067.) and for the honour of both, (as it is shewn in this Section) Geffrey a Natural Son to Hen. the Second was Chancellor, and the Queen to Henry the Third was Keeper of the Seal.

2. These two Offices were sometimes kept distinct, and sometimes united in one Person, till the Fifth of Queen Eliz. and then it was Enacted, That both those Offices should be accounted but as one and the same, and that hereafter both should not be used at one time by distinct Persons.

3. Whilst they were distinct, they had two Seals; the Chancellors was of Gold, and the Keepers of Silver; the Court esteemed Officina Regis, and the Seal, Cla∣vis Regni; but whenever they were either united, or distinctly executed, still this high Office was managed by Archbishops or Bishops, or by the most eminent Laicks for Learning, Integrity, and Abilities, as may be seen by comparing the History of them with their Catalogues.

4. To manifest their Eminency, it is evident from the Rolls, that in the opening

of all Parliaments, the Lord Chancellor or Lord Keeper, did constantly, by the Command of the King, shew them the reasons of Summoning them, (unless in a Vacancy, or on a special account of Ab∣sence, and then it was performed by one of the Chief Justices.

5. But to pass these, (being more fully shewn in my Annotations) I do not find in any of the Clause-Rolls, or in the Pet∣tibag-Pawns, that a Chancellor or Keeper had any distinct Writs of Summons to a Parliament, till the 28. of Eliz. (when Sir Tho. Bromley Knt. being the Queens Sollicitor, was made Lord Chancellor, and Summoned by a distinct Writ, in the same Form as is hereafter set down, which very Form hath continued ever since. And in the 35. of Eliz. Sir John Puckering being but Serjeant at Law, was made Custos Sigilli, and had a particular Writ of Summons to that Parliament; and in the 39. of Eliz. Sir Tho. Egerton Knt. being then Master of the Rolls, was made Custos Sigilli, and had this assisting Writ of Summons for that Parliament; and the like in the 43. of her Reign; and so in the 21. of King James; and in the First of Caroli Primi, particular assisting Writs were sent to the Bishop of Lincoln, in these words: Reverendo in Christo Patri

praedilecto & fideli Consiliario nostro Jo∣anni Episcopo Lincolniae magni sigilli Ang∣liae Custodi: So as he had this Writ as an assisting Writ, and another Writ virtute Baroniae.

6. It may here be observed, that this was the only Bishop that was either Keeper or Chancellor, from the First of Eliz. to this time; whereas before Queen Eliz. for the most part Bishops or Ecclesiasticks did exe∣cute those Offices; but whenever it was conferred upon the Laicks, choice was made out of the most eminent Families; as in the 26. of Hen. the Second, (as I said) Gessrey, Natural Son to Henry the Second, was made Chancellor; and in the 15th. of King John, Ralph de Nevile was made Keeper of the Great Seal; and in 22. of Henry the Third, Geffrey a Templer, and John de Lexington, were made Keepers of the Great Seal; and in the 37. of his Reign, his Queen, upon the Kings going into Gascoine, (which is re∣markable, as I said) had the Custody of the Great Seal; and in the 45. of that Ring, Walter de Merton was made Chan∣cellor; and in the 49. of that King, Tho∣mas de Cantilupe was made Chancellor; and in the 53. Richard de Middleton made Custos Sigilli; and in the 56. John de Kirk∣ley, and Peter de Winton, made Keepers

of the Seal; and in the 2. of Edward the Third, Henry de Bughersh made Chancel∣lor. In the 14. of Edw. the Third, John de St. Paul made Keeper of the Seal; in the same year, Sir Robert Burgtheire Knt. made Chancellor and Keeper of the Seals; and the like in the 15th. to Robert Parning, and in the 17th. to Robert de Sadington, and in the 19th. to John de Offord, and in the 20. to John de Thoresby. In the Re∣cords of the same year, it is said that Sir Lionel Duke of Clarence, the Kings Son, (then Lord Keeper of England) gave Command by Proclamation, That no Arms should be worn sitting that Parliament; (whose name is omitted in the Catalogue of the Lord Keepers, by Mr. Selden in his Discourse of the Office of Chancellor and Keeper) and in the 45. to Sir Robert Thorpe, and in the 46. to John Knivet; and in the 2. of Rich. the Second, to Sir Le Scroop; and in the 6. of Rich. 2. to Sir Michael de la Pool; and in the 11. of Hen. 4. to Sir Thomas Beaufort; and in the 32. H. 6. Richard Earl of Salisbury was made Chancellor singly; and in the 21. of Hen. the Eighth, Sir Thomas Moor Knt. made Chancellor and Keeper; and in the 24. of Hen. the Eightht, Thomas Aud∣ley made Chancellor and Keeper; and in the 36. Hen. 8. Thomas Lord Wriothesly

made Chancellor and Keeper; and in the First of Edw. the Sixth, Sir William Paw∣let Knt. Lord St. John of Basing, made Keeper; and in the same year, Sir Richard Rich made Chancellor; and in the First of Eliz. Sir Nicholas Bacon Keeper; and the 21. Thomas Bromley Chancellor, who con∣tinued so to the 28. of her Reign, and was the first that I find, (as is before mention∣ed) that had a particular Writ of Assist∣ance; and though in the Fourteenth of King James, Sir Francis Bacon was Keeper, (in the Eighteenth of Jac. Henry Vis∣count Mandevile, Lord President of the Council, and Lodowick Duke of Richmond, William Earl of Pembroke, Sir Julius Cae∣sar, had jointly the Custody of the Great Seal; and in the first Car. 1. Sir Thomas Coventry; and in the 16. Car. 1. Sir Edw. Littleton; and 21. Car. 1. Sir Rich. Lane, were Keepers of the Great Seal) yet we find no particular Writs in the Pettibag directed to any, but such as I have before mentioned, and to these which follow, viz. in 15. Car. 1. Sir John Finch Knt. Chief Justice of the Common-Pleas was made Custos Sigilli, and had a particular Writ of Summons to attend that Parlia∣ment.

7. As to this Writ of 13. Car. 2. of which I am to treat, it is to be observed that

the Warrant (before mentioned) sent to Sir Edward Hyde Knt. and Chancellor, to impower him to send out Writs, was directed in these words, To our Right Trusty and Well-beloved Counsellor, Sir Edward Hyde Knt. Chancellor of Eng∣land; but in his Latine Writ of Assistance, the words are, Praedilecto & perquam fideli Consiliario suo Edwardo Domino Hyde Cancellario suo Angliae: leaving out Militi or Equiti aurato, and putting in Domino; and the reason of this variation (as I conceive) was, That the Warrant was agreed on by the King and Council be∣fore the Third of November, at which time he was Baron of Hindon; and there∣fore in the Warrant he is named only Sir Edward Hyde Knt. but in the Writ, Do∣mino Hyde, which is the Adjunct Title of a Baron, as he then was; and I find before the Parliament met, he was creat∣ed Viscount Cornbury and Earl of Claren∣don, and thereupon had another Writ in relation to those Dignities, which was en∣tered in the Pawn, and the entry dated the 12th. of April before the Parliament met, and in the latter Writ he had also his additional Titles; so that I observe, that if the Chancellor or Keeper be above the Degree of a Baron, he hath his Writ according to his Degree, and therein only

intimating his Chancellorship or Keeper∣ship, (as is before shewn in the 36. of Hen. the Eighth. 1 Mariae, &c. But if he be not a Baron, then he hath this Assisting Writ, Quatenus Chancellor or Keeper, as may be seen in the former Pre∣cedents, from the 28. of Eliz. to this Writ of 13. Car. 2. If he be a Baron, as I said, he hath or may require a Baronial Writ besides this Assisting Writ; The form of his Assisting Exemplar Writ is as follows: the other will be seen among the Barons.

SECT. VIII. The Form of the Assisting Writ to the Lord Chancellor or Lord Keeper.

CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, &c.

Praedilecto & perquam fideli Conciliario suo Edwardo Domino Hide Cancellario suo Angliae salutem

Quia de advisamento & Assensu Concilii nostri pro quibusdam arduis & urgenti∣bus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae Angli∣canae concernentibus quoddam Parlia∣mentum nostrum apud Civitatem nost∣rum Westmonasterium octavo die Maii proximè futuro teneri ordinavimus &

ibidem voibscum ac cum 〈…〉〈…〉 Proceribus dicti ••••egm nostri 〈◊〉〈◊〉 habere & ••••actatum. Vobis Mand•••••••• firmitur 〈…〉〈…〉 quod 〈…〉〈…〉 aliis praetermissis 〈…〉〈…〉 personaliter intersitis nobiscum ac cum caeteris de Concisio nostro super dictis negotiis tractatur' vestrumque Consi∣lium impensur' & hoc nullatenus omit∣tatis Teste apud Westmonasterium deci∣mo octavo die Februarii Anno Regni suo decimo tertio.

Grimston.

SECT. IX. Observations on this Writ.

FIrst I shall shew how it differs from the Writs to the Nobles; Secondly, How it differs from the Writs to the other Assistants. First, It differs from the Writs to Dukes, Marquesses, Earls, Viscounts, in these particulars.

First, To Dukes and Marquesses, the Writ is directed Praecharissimo Consangui∣neo, to Earls and Viscounts, Charissimo Con∣sanguineo, to Barons, Praedilecto & fideli; and to Assistants only dilecto & fideli, but this Writ is directed as to a Baron, viz. Predilecto & perquam fideli, yet the body of the Writ differs from the Barons;

the word perquam is added to fideli, being in no other former Writs, but is a proper word to express our English Right Trusty; and here it may not be improperly hinted, that in English Super∣scriptions, Right Trusty is placed before Well-beloved, but in Latine Well-beloved, (or Praedilecto) is before Right Trusty, or Perquam Fideli.

Secondly, The words Sub fide & li∣geantia, are in the Lords Writs next to Vobis Mandamus, but in all the Assisting Writs, those words are omitted; probably because in former times, the Assistants had not Tenures, but only knowledge of the Laws which occasioned them to be sent for by Writ Pro Concilio.

Thirdly, The words (Consideratis di∣ctorum negotiorum arduitate & periculis imminentibus cessante excusatione quacun∣que) in the Lords Writs) are left out in the Assistants Writs, and instead thereof, (omnibus aliis praetermissis) are inserted. In the Mandatory part of the Writ, the words in the Writ are (ac cum caeteris de Concilio nostro) instead of (ac cum Mag∣natibus praedictis) which is the chief distinction between the Peers and the Assistants.

Fourthly, In this part also of the Writ, the Words are only in short, & hoc nulla∣tenus

omittatis, but in the Lords Writs, (& hoc sicut nos & honorem nostrum ac Salvationem regni & Ecclesiae praedictae expeditionemque dictorum negotiorum dili∣gitis) their Lordships being more eminent∣ly concerned in the Kingdoms Interests.

Fifthly, In all the Pawns extant, and in most of the Clause-Rolls, (after the Exemplar Writ of every Degree or Quali∣ty is named,) these words are added, Con∣similia dirigenda; but there is no Consi∣milar directed to this Writ, and although the Master of the Rolls is an Officer very little differing in many things from the Office of the Chancellor or Keeper, yet his Writ is made a Consimilar to the chief Justice of the Kings Bench his Writ, and not to the Lord Chancellor; the Lord Chancellor standing Exemplar without any Consimilar, (and there are but Two of the same nature in all the Pawns, from the 36. of Hen. the Eighth to this time, viz. That to Chester and to Lancashire, as will be shewn in their order) the true reasons thereof are (as I conceive;)

1st. That this Officer is of so transcen∣dent a nature, that a Consimilar there∣unto were improper, because the Original Warrant for issuing out Writs (as is before recited) is made from the King only to the Lord Chancellor or Lord Keeper, and

the like Warrant not to any others of the Assisting Degrees.

2dly. His Lordship usually, and in most Cases, is necessarily the chief Minister of of State.

3dly. He is the Supream Assistant of all the Assistants in the House of Lords; for he is not only Lord Chancellor and Assistant, but of late years constantly Speaker of that House.

4thly. His Grandeur is such that he hath four places in the Lords House, one behind the King of Scots-Chair, the other next to the Dukes of the Blood, the third on the first Woolsack, 4thly. at the Table (as will be shewn) whereas each of the other Assistants have but one single place, diffe∣rent from those provided for the fixt No∣bility (as will be shewn in the Local part.)

6. I cannot conclude this Chapter better, than from Sir John Davy (an Eminent Lawyer, in his Epistle to his Excellent Reports) who Describes a Chancellor in these words, Saith he, Is he not ad Latus Principis, to attend him? Auricularius Prin∣cipis, to advise him? Doth not the King make him the Conduit of his Wisdom, when he useth his Voice, and Tongue to declare his Royal pleasure? Doth he not make him the Organ of his goodness, when he trusteth

him with his Mercy, and Conscience in sweet∣ning the bitter waters of summum jus, and in mitigating the rigour of Law to his peo∣ple? Doth he not represent Reverentiam Principis in the Power and Authority of his Office? In a word, if the greatest honours do belong to the greatest vertues (for what is honour but a reflection and reward of ver∣tues) How vertuous a person must he be, with what Gifts and Graces, with what Abi∣lities, with what Ornaments, both of Art and Nature must he be indowed and fur∣nisht? viz. with all Learning, Law, Poli∣cy, Morality, and especially Eloquence to impart and Communicate all the rest: he must withall have a long, and universal ex∣perience in all the Affairs of the Common∣wealth; he must be acceptable and absolute in all points of Gravity, Constancy, Wis∣dom, Temperance, Courage, Justice, Piety, Integrity, and all other vertues fit for Ma∣gistracy and Government; yet so as the same be seasoned with Affability, Gentleness, Humanity, Courtesie, without descending or diminishing himself, but still retaining his Dignity, State, and Honour. Briefly, he must be a person of such vertue and wor∣thiness (that not only his Writ may be ex∣emplar to other Assistants) but his Life, and Conversation a Mirrour, and Example to all Magistrates.

7. He performs all matters which apper∣tains to a Speaker of that House, where∣by he may be said to be the Eye, Ear and Tongue of that great Assembly.

8. He is the Inlarger, Explainer, Interpre∣ter, or Pronouncer of the Kings Commands or Pleasure; and that which is further ob∣servable, of 72. Officers under his Jurisdicti∣on, more than 44. of them are imployed in Parliament concerns; either upon its Summoning, or during its Sitting; (as will be shewn in my Annotations) And as his Warrant is the second Warrant that gives life to a Parliament, and vivacity to its continuance by Sessions and Recesses; so he gives the second Fiat to its Dissolu∣tion: he hath also an appartment near the Lords House (as will be shewn) for him∣self to retire to, and for his Serjeant at Arms and others of his Attendants.

Thus having considered the Lord Bi∣shops and Lord Chancellors Writs, I must observe how exquisitely and harmoniously these two Degrees are interpos'd; (both in their sitting in the Lords House, and in the method of their Writs in Pawns, and in the Act of Precedency) being placed in all of them between the first and second Rank of the Lords Temporal: (as it were) to shew that the Lords Temporal are al∣ways to embrace and maintain Religion

and Equity, as the two chief Supporters of a Parliament.

I have spoken of the first Supporters to Religion and Equity, viz. Princes of the Bloud: and now I shall speak of the other Supporters, (viz. the Nobles not of the Bloud, distinctly five Titles, viz. Dukes, Marquesses, Earls, Viscounts, and Barons) but more especially of their Writs which Summon them to sit in Parliament, which will guide me into several observations.

CHAP. IX. Of the Fourth Exemplar Writ to the No∣bles not of the Bloud-Royal; To the Lord-Treasurer, &c.

IN the Eighth Chapter I shewed the Exemplar Writs to Princes, Dukes, and Earls of the Bloud-Royal; I am now according to the method of this Pawn, to shew the Exemplar Writs to Dukes, Mar∣quesses, Earls, and Barons not of the Bloud. I shall begin with that in Anno 1661. being agreeable to that Exemplar (before recited) to the Dukes of the Bloud, from the word (Salutem) to the end of the Writ; but the Preambles to that word do afford variety almost in all

Writs, and therefore before I make the Observation upon it, I shall give a view of the Writ at large (being only abbreviated in the Pawn.)

CArolus Secundus Dei Gratia Angliae Scotiae Franciae & Hiberniae Rex fidei defensor, &c.

Praecharissimo Consan∣guineo suo Thomae Comiti Southampton Thesaurario Angliae Salutem

Quia de Ad∣visamento & assensu Concilii nostri pro quibusdam arduis & urgentibus negotiis nos statum & defensionem regni nostri Angliae & Ecclesiae 'Anglicanae concernen' Quoddam Parliamentum nostrum apud Civitatem nostram Westm' 8. die Maii prox futur' teneri ordinavimus ac ibidem vobiscum ac cum Magnatibus & Proceri∣bus dicti Regni nostri, Colloquium habere & tractatum, vobis sub fide & ligeantia quibus nobis tenemini firmiter injungendo mandamus Quod consideratis dictorum ne∣gotiorum arduitate & periculis imminen∣tibus cessante excusatione quacunque dictis die & loco personaliter intersitis nobiscum ac cum Magnatibus & Proceribus prae∣dictis supra dictis negotiis tractatur' vestrumque Concilium impensur' Et hoc sicut Nos & honorem nostrum ac Salvationem & defensionem Regni & Ec∣clesiae praedictae expeditionem; dictorum

negotiorum diligitis nullatenus omittatis.

Teste Rege apud Westm' 18. die Febr. Anno Regni nostri 13.

SECT. II. Observations.

1. ALl Parliamentary Exemplar Writs of this nature which are extant from the 15. of Edward the Second, to the 21. of Henry the Eighth, if they were not directed to some one of the Heirs of the Crown, or to Princes, Dukes, or Earls of the Bloud, were still directed to an Earl not of the Bloud, (except Three to Three Dukes in Henry the Sixths, and Edward the Fourths time) it being evi∣dent from what hath been said, That Earls, called in Latin Comites, was a more ancient Title in this Kingdom, than Dukes; (Richard the Eldest Son to Edw. the Third, being the first that was so created) but Earls long before; and though Edward the Third did create ma∣ny Dukes more than his Son, which were of the Bloud; yet still to keep the old Title of Earl, and in veneration thereof, (as may be supposed) he in the Fourty Seventh of his Reign did think sit, as the King usually appoints the Sword to such a Person as he

directs to carry it before him) to grant the Exemplar Writ to an Earl not of the Bloud, for the Parliament to be holden that year, and so did his Successor, as may be seen in this following Table, viz.

47. Edw. 3. Richardo Comiti Arundel, who sat one Parliament.

18. Rich. 2. Henrico Comiti Darby, who sat one Parliament.

3. Hen. 5. Radulpho Nevile Comiti Westmerland, and the like Writ in the same year, so he sat two Prrliaments.

7. Hen. 5. Henrico Percey, Comiti Northumbr. and the like in the same year, and in the Eighth and Ninth of this King, and Twelfth of Hen. 6. so he sat five Par∣liaments; (note that the Christian names and Sirnames of Nevile and Percey are in this Writ, which is not usual to Earls, only the Christian names.

The three Exemplars to Dukes not of the Bloud are in time subsequent to Earls; for the first Exemplar to a Duke was not till,

28 H. 6. Gulielmo Duci Suffolciae, who sat one Parliament.

38 H. 6. Henrico Duci Oxoniae, who sat one Parliament.

1 Edw. 4. The third Johanni Norfolciae, and the like in the same year, so he sat two Parliaments.

And then after these Three Dukes, a∣gain to an Earl, viz.

3 Edw. 4. Richardo Comiti Warwick, who sat one Parliament; so from the 47. of Edw. 3. to Rich. the 3. there was Eight not of the Bloud, viz. Five Earls and Three Dukes, who had Exemplars.

From Richard the Third to the 21. of Hen. 8. there is (as I have shewn) a want of Records in the Tower; so as the first Exemplar that appears to us in the Pettibag, of such as had Exemplar Writs being not of the Bloud, do begin at the 36. of H. 8. viz.

36 Hen. 8. Thomae Wriothsley Militi Do∣mino Wriothsley Cancellario, he sat one Parliament, and was the year before made Baron of Titchfield, and in the first of Edw. 6. Earl of Southampton.

1 Edw. 6. Gulielmo Pawlet Militi Domi∣no Senescallo magni hospitii nostri ac Praesi∣denti Concilii nec non Custodi magni Sigilli: He was then Lord St. John of Bazing, and afterwards created Marquess of Wincester.

6 Edw. 6. Gulielmo Marchioni Winchester, Thesaurario Angliae, (Thomas Goodrick Bishop of Ely being Chancellor, and had his distinct Writ) this Marquess had his several Writs, viz. in the 6 of Edw. 6. and 7 of Edw. 6. and 1 Mariae, and 1 M. 1. and 2 Phil. and M. and 2 and 3 P. and M. and 4 and 5 P. and M. (in which time the Bi∣shops

of Ely, Winchester, and Archbishop of York were Lord Chancellors and had di∣stinct Writs, it being not proper for them, being Lords Spiritual, to be Exemplars to the Lords Temporal;) besides he was Ex∣emplar in the 28. 30. 35. 39. and 43. of Eliz. and Primo Jacobi, (in which time Sir Thomas Bromley, and Sir Christopher Hatton were Lord Chancellors, and Sir John Puckering, and Sir Thomas Egerton LordKeepers, and each of them had distinct Writs) so as it is remarkable, that this William Lord Pawlet Marquess of Winche∣ster was Exemplar in all the Parliament Pawns which are extant in the Pettibag, from the first of Edw. the Sixth, to the first of King James inclusive, which is 55. years, and was in that time Lord Trea∣surer 22. years, which was longer than any of his Predecessors continued in that Office, except Cicil, who continued 27. years.)

1 Car. 1. Georgio Duci Buckingham, for one Parliament, (Sir Thomas Coventry being then Lord Keeper, and had a di∣stinct Writ, and Sir Richard Weston Trea∣surer, who was then in Scotland.)

15 Car. 1. Johanni Marchioni Winchester, for one Parliament (Sir John Finch being then Lord Keeper of the Great Seal, and had a distinct Writ) also Will. Bishop of London was Lord Treasurer, and had his Writ.

13 Car. 2. Thomae Comiti Southampton, for this Parliament, (Sir Edward Hyde being then Lord Chancellor, and had his distinct Writ) this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166—

So from the 36. of H. 8. to this Par∣liament of the 13. of Car. 2. there were three Exemplars, to Three Barons, (Two of them being Chancellors, and one Lord Keeper) and to Two Marquesses, to one Duke, and to one Earl; (and all these not of the Blood) Now as to the three Barons having Exemplars, (which Degree had not any before the 36. H. 8.) it may be presumed that the Exemplars were given them in relation to their Offi∣ces, as Lord Chancellor, or Lord Keeper, or President of the Kings Council.

And as to the two Marquesses having Exemplars, (who had not any till the 6. of Edw. 6.) one was as he was Treasurer, and the other in the 15. of Car. 1. only as Marquess, because there was no Duke Summon'd to that Parliament; (and Sir John Finch was then Lord Keeper, and William Bishop of London Lord Treasurer, and both had distinct Writs;) so there was none of the three great Officers of State remaining to be Exemplars, except Henry Earl of Manchester, then Lord Privy-Seal,

who according to the fore-mentioned Act of Precedency is placed in the Lords House before all Dukes, Marquesses, &c. (not of the Blood) but I suppose, because there was no President wherein the Lord Privy-Seal had been Exemplar since its first In∣stitution in the 11. of Hen. 4. and being not called Lord Privy-Seal, nor that place in the Lords House allotted to him, till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal, but to the Marquess singly, or else it was an omission in not minding the Act of Pre∣cedency.

These latter Writs from the 36. of Hen. 8. did seem to break the method of the former; for before that Pawn of that year, no Dukes or Marquesses were made Con∣similars, where an Earl was made Exem∣plar; but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar, and the Duke of Norfolk then Lord Treasurer of England, (and Charles Duke of Suffolk the Great Master of the Kings Houshold, and President of the Council, were (besides the Marquess of Dorchester, and Thirteen Earls, and Twen∣ty eight Barons) made his Consimilars, so as the precedency of his Exemplarity must be ascribed to his Chancellorship, which according to the Act of Precedency

was to be before all Dukes, &c. (not of the Blood;) and upon the same reason, Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper, had the Exemplar Writ, and the Duke of Somerset (though the Kings Uncle) Governor of the Kings Person, and Protector of England, (as also the Marquess of Dorchester, and Mar∣quess of Northampton, and Thirteen Earls and Thirty Barons) were his Consimilars, which is the only President (which I know of) where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Bloud; and upon the like reason, as (I con∣ceive in the 6 of Ed. the 6. William Marquess of Winchester, being Lord Treasurer, (the next in Precedency to the Lord Chancellor, by the Act of 31. H. 8.) had the Exemplar to two Dukes, one Marquess, Fourteen Earls, One Viscount, and Thirty one Barons, all which were his Consimi∣lars: and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor, was, because Thomas Goodrick Bishop of Ely was then Lord Chancellor; and so it was not pro∣per for that Bishop to be Exemplar, for the reasons before alledged.

Now in the first Car. primi, Thomas Co∣ventry being Lord Keeper, and having a distinct Writ, the Duke of Buckingham

had the Exemplar, who had one Marquess, Thirty seven Earls, Eleven Viscounts, and Fourty seven Barons to his Consimilars.

Also in the 15. Car. 1. John Marquess of Winchester (Son to the former Marquess of Winchester) was made Exemplar, (Sir John Finch being Lord Keeper, who had a distinct Writ, (and William Bishop of London being in Scotland) but he had no Duke or other Marquess, but Fifty eight Earls, Five Viscounts, and Forty four Barons his Consimilars, and so reduced the proper Consimilars to its former method.

But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer (Grand∣child to the former Earl of Southampton) altered it again: (there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor) for this Earl had three Dukes, (one being General) Four Marquesses, Fifty five Earls, Eight Viscounts, and Sixty eight Barons his Consimilars; (I conceive as Lord Treasurer) for accord∣ing to ancient Practice, (as I have shewn) an Earl had not any Dukes entred as his Consimilars.

The number of all the Exemplar Writs extant, from the 15. of Edw. the 2d. in An. 1322. to the 13. of Car. 2di. An. 1661. are but Twenty, and but Fourteen Kings from whom they were granted; The

number of the Parliaments in which the Nobles did Sit, to whom such Exemplars were issued, were 107. and these 107. Par∣liaments were in the space of 341. Years.

As concerning the years when these Exemplars were first issued to the respe∣ctive degrees of Nobles before mentioned, they are in this order of time.

15 Edw. 2. This first Exemplar Writ, as I have shewn, was to an Earl, and 〈◊〉〈◊〉 was of the Bloud, viz. to Edward 〈◊〉〈◊〉 of Chester, Eldest Son to Edw. 2. and ••••••¦ter King Edw. the 3d. for there was then no Duke in England.

3 Edw. 3. The first Exemplar Writ to a Prince of the Bloud, was to the same Earl being then made Prince of Wales.

37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year, though the first Duke in England (distinct from that of Earl, (as Mr. Selden saith) was the Eleventh of Edw. 3d. and then Edward the Kings Eldest Son was in Par∣liament created Duke of Cornwall; (yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when (saith he) he was created Prince of Wales, Duke of Aquitain and Cornwall, which agrees with the Records of the Tower, and therefore I conceive there is some mistake in Mr. Selden) but however the mistake

be, the first Exemplar Writ to a Duke was not till this year; for though Edward Prince of Wales was Duke in the Third or Eleventh year of his Father, and Thomas Earl of Norfolk soon after was created Duke of Norfolk, and Henry Earl of Lan∣caster soon after created Duke of Lanca∣ster, yet they had not any Exemplar Writs as Dukes, but before as Earls; so as John Duke of Lancaster in this Parliament of the 37. Edw. the 3d. was the first Duke which had an Exemplar Writ.

47 Edw. 3. As I have shewn the first Exemplar to an Earl of the Bloud, so this shews the first Exemplar to an Earl not of the Bloud, which was this year to Richard Earl of Arundel; for though there were many Earls before not of the Bloud, yet they had only Consimilar Writs, but no Exemplars extant to any of them till this Year.

28 H. 6. And though there were many Dukes not of the Blood since the first Crea∣tion of that Title, yet the first Duke not of the Blood who was thought fit to be an Exemplar, was not till this Parliament, and the Predecessor of this Duke was an Earl in Edw. 3ds. time, and even this Duke was Earl in the time of his Pre∣decessors, before any Duke was created.

6 Edw. 6. Though the first Marquess

(created in England) was in the 9th. of Rich. 2d. yet none were thought fit to be Exemplars, till this 6. of Edw. the 6th. that William Marquess of Winchester was made the first Exemplar in Parliament of that Dignity, but his Exemplar had the additional Title of Lord Treasurer, who is the second Officer of State.

36 H. 8. Although a Baron is a more ancient Title with us in England, than any of the other Degrees of the Nobles, yet we find no Record now extant, wherein a Baron, singly as Baron, had the Exem∣plar Writ; for (as I said) Thomas Wri∣othesly Baron of Tichfield being Chancellor, William Pawlet Baron of Bazing being Lord Keeper, were Exemplars in those Parliaments, and had Consimilars appoint∣ed them; but Edward Hyde Baron of Hindon having a distinct Assisting Writ, had no Consimilar allotted him, either in respect of his Barony or Assistancy.

Thus we find that Earls, Dukes, Mar∣quesses and Barons have been Exemplars, but we do not find any Viscounts to be so in any Parliament since the creation of that Dignity, which was (as I said) in Hen. 6ths. time to John de Beaumont.

And the reason is, because the word Vicecomes doth imply a Consimilar to Comes, so it were improper for Comites to be Consimilars to a Vicecomiti.

Concerning the additionals of the Titles to those Nobles mentioned in their Exemplars, it may be observed, That in all those Writs to Hen. the 8ths. time, the words Consanguineo Charissimo Praedilecto Dilecto & Fideli, were not so positively sixt to the several Degrees in their Writs, but since that time they have past in a more constant method, viz. to Dukes and Marquesses, Praecharissimo Consanguineo; to Earls and Viscounts, Charissimo Consan∣guineo; to Barons, Praedilecto & Fideli; and to the Lord Chancellor as chief As∣sistant, Praedilecto & perquam Fideli; but to all the other Assistants, of which I shall speak more, only Dilecto & Fideli.

SECT. III. Observations on the Consimilars to the former Exemplars.

WHen Princes of the Blood were made Exemplars, there was ever some Prince of the Blood in the Consi∣milars, and then followed in the same Re∣gister in every Clause-Roll or Pawn, the other Dukes, Marquesses, Earls, Viscounts and Barons, without interposition of the Lords Spiritual and Ecclesiastical, to the Princes of the Blood, and the Temporal

Lords not of the Bloud; so it continued in that method till the 21. of King James, but then the Exemplar (being to the Prince of Wales, and no Consimilar to him, there follows the Exemplar and Con∣similars to the Lords Spiritual, (of which I have spoken) and after them follows the particular Writ to John Bishop of Lincoln, as Lord Keeper, and after that, the Exemplar to Lodowick Duke of Richmond, who had one Duke, one Marquess, Thirty eight Earls, nine Viscounts, and Fourty seven Chevaliers his Consimilars, and ever since the 21. Jac. there hath been an inter∣position either of the Lords Spiritual or Lord Chancellor between the Dukes of the Blood and the Nobles that were not of the Blood; and so in the 13 Car. 2. though the Bishops were deprived from that Roll, (as I have shewn) yet the Lord Chan∣cellors Writ did interpose; and it may further be observed, That when Princes or Dukes of the Blood, or not of the Blood, were Exemplars, other Dukes, Marquesses, Earls, Viscounts and Barons were Consi∣milars; but when Earls were Exemplars, there were no other Consimilars admitted of Degrees above them, but still under them, viz. of Earls, Viscounts and Barons; and yet when the three Dukes beforemen∣tioned were made Exemplars, 'tis true

the Duke of Suffolk and Oxford had Dukes to their Consimilars, as formerly; (be∣ing pari gradu) but the Duke of Nor∣folk had no Duke to his Consimilar, for he had only four Earls, one Viscount, and Thirty one Barons, of which there is no other precedent that I can find.

2. As to the different Titles of these six Degrees, viz. Princes of the Blood, Dukes, Marquesses, Earls, Viscounts and Barons, of whom I have spoke more in the Fifth Chapter; it is fit to be hinted here, that Prince in English, and Principi in the Latin Writ, Duke and Duci, Mar∣quess and Marchioni, Viscount and Vice∣comiti, have little difference in their Or∣thography; but Comiti in all their Latin Writs, and Earl (which is their general appellation in English) have very great difference; concerning which and the o∣ther Degrees I have writ more at large before, and in my Annotations, to which I refer the Reader; and so Baron and Baro have but little variation, yet this may be ob∣served here of this Title Baro, that in all the Consimilar Writs in Clause Rolls or Pawns wherein those of that Degree are enume∣rated from the 15th. of Edw. 2d. to the 13. of Car. 2. neither the Titles or words Baro, nor of Banerettus are mentioned in the Writs; but either the Articles De or

Le or La, or the words Dominus, Miles, Equies Auratus, or Chevalier are added to the Barons name, viz. Hugo de Spencer, Johanni de Bello Campo, Johanni de St. John de Bazing, Roberto de Monte albo, Johanni de Sancto amando, Willielmo de la Souch de mortuo mare, Nicolao de Cantilupo le Quint, Johanni de Insula de rubro monte, Nicolao de Sancto Mauro, Michaeli de la Pool, (who was then Banneret) Admirallo Maris, Johanni de Moubray Mariscallo.

Petro de malo lacu le Quint, Hugo de le Spencer, Willielmo la Zouch de mortuo mare, Johanni le Strange, Johanni le Shelton, and many more, and some only in their Chri∣stian names and Sirnames, viz. Richardo Gray, Richardo Talbot, Gulielmo Aincourt, Richardo Percey, Johanni Fitzwater, Ra∣dulpho Dacres, yet these were all Barons or Bannerets, though the Title of Baroni was not in their respective Writs.

3. Thus they continued without any other adjuncts to their names (than what I have mentioned) till the first of Richard the Second, and then Willielmo de Morley, Willielmo de Alborough, Hugo de Dacres were writ Chevaliers; (amongst 48. others that were Intituled as before) After, in the 7th. of Rich. the 2d. William Botereaux was brought in, and with the other Three written Chevaliers; and in the second Par∣liament

of that year, that Title of Che∣valier increas'd to three more, viz. Johan∣ni Falsly, Henry le Scroop, and Thomae Ca∣mois Chevaliers; so there were then seven Chevaliers in all, the rest of the Barons being then Fourty five, were Intituled as before, and so they continued, not exceed∣ing nine Chevaliers, till the third of H. 6. and for that Parliament there were but twenty Barons Summoned, whereof ele∣ven were Stil'd Chevaliers; and in the fourth of his Reign, all the Barons but two were Stil'd Chevaliers; and in the sixth year, all the Barons were Stil'd Che∣valiers; and so to the Twenty third, where∣in all the Barons were written Chevaliers except Thomas de Scales Miles, (who was then Lord Scalds) and Dominus de Molins, so here came in Dominus for a Baron; and in the Twenty fifth, there were Twenty six Chevaliers, whereof two Stil'd Milites, and three Domini; in the Twenty seventh Henry Percey is Writ Militi & Domino, and some others, which shews that the words Militi, Domino, and Chevalier, ha∣ving Writs to Sit in the Lords House, had one Denotation of a Baron; and in the third of Edw. 4. almost all the Barons are written Domini and Chevaliers jointly, yet in the end of these Consimilars, it is writ in the Record, Milites omnes, except

Audley and Clinton, and so in the 3d. of Ed. 4. all are Chevaliers, but in the Post∣script is, Equites aurati omnes praeter Do∣minum Scales, by which must be under∣stood, that all the rest which were Sum∣moned to those Parliaments, and their names not entred in those Rolls, were Mi∣lites or Equites Aurati: Except Audley, Clinton, and Scales, which latter in the Record of the 23d. of Hen. 6. before mentioned, is written Miles, which shews there was a distinction then between Miles and Eques Auratus (as may be seen in Mr. Seldens Titles of Honour) and so in the 7th. and 12. 22. and 23d. of Ed. 4. all Chevaliers, but two Milites, which do argue some distinction, though all in∣tended to signifie a Baron.

Then passing over other Records to the 21. of Hen. 8. all the Barons are stil'd Chevaliers; but in the 36. Hen. 8. the words Domini, and Chevaliers are mixt, and so they continued to the 28. of Eliz. and then all the Barons are writ Chevaliers, and so have continued to this time singly, with that Title of Chevaliers in all their Writs, without adding Dominus miles, or Eques Auratus.

Though the Title of Baro for Baron is not us'd in these Parliament Writs, no more is Bannerettus or Banneret; yet it is

as evident, that as Dominus does signifie a Baron, so the word Miles and Chevalier did signifie a Knight Banneret, and so I presume it was originally intended. For by com∣paring the Writ in the 8th. of Rich. 2d. to William Botereaux, with the Writ to him in the 15th. of Rich. 2d. where in one he is called Chevalier, in the other Miles; it may be presumed that the Titles are one and the same, the words Chevalier and Miles being so interchangeably used, and sometimes joyntly, yet either being applicable to Denote a Baron or Banneret.

8. This Identity of Chevalier and Banne∣ret, may be evident from the Writ to the Sheriff of Surry (hereafter transcribed) Cited by the Learned Mr. Selden, where Thomas Camois (beforementioned) some∣times Stil'd Chevalier, sometimes Miles (for brevity omitting Bannerettus (being then Lord Camois or Baron) and being chosen Knight of the Shire for that Coun∣ty to serve in Parliament in the 8th. of Rich. 2. the Sheriff was commanded by this Writ, to make an Election of another Knight for that County, because his place was in the Lords-House as a Banneret; which Writ he sets down in these follow∣ing words.

The Writ to the Sheriff of Surry 8. Rich. the 2d. concerning Thomas Camois Ban∣neret, his being Elected Knight of the Shire.

REx

Vic' Surr' Salutem

Quia ut acce∣pimus tu Thomam Camois Cheva∣lier qui Bannerettus est sicut quam plures Antecessorum suorum extiterint ad essen∣dum unum militem venientium ad proxi∣mum Parliamentum nostrum pro Comuni∣tate Comitatus predicti de assensu ejusdem Comitatus Elegisti Nos advertentes quod hujusmodi Banneretti ante haec tempora in militis Comitatus ratione alicujus Parlia∣menti eligi minime consueverunt ipsum de Officio Militis ad dictum Parliamentum pro Communitate Comitatus predicti ventur' Exonerari volumus Et Ideo tibi precipi∣mus quod quendam alium militem idone∣um & discretum gladio cinctum loco ipsius Thomae eligi & eum ad diem & Locum Parliamenti predicti venire facias cum ple∣na & sufficien' potestate ad consentiend'hijs quae in Parliamento predicto fient jux∣ta tenorem primi Brevis nostri tibi pro electione hujusmodi milit' directi & no∣men ejus nobis scire facias.

Teste Rege apud Westm' octavo die Octobris septimo Regis.* 17.1

Accordingly the Parliament did sit the 3d. of March, and Thomas Camois in the Lords House: but that which Mr. Sel∣den observes in this Writ is, that this is not to be understood of any other Banneret than a Parliament Baron, or a Banneret of that time. The expressing of hujusmodi Bannoretti shews, that it is not meant of all Bannerets, but such only as have the Ti∣tle, either by inheritance, or in such a kind, that an inheritance might be of it, which is apparent also by the precedent words in the Writ; Bannerettus est sicut quam plures Antecessorum suorum extiterint, for it was never conceived, that the Title of Banne∣ret as it denotes a Knight-Banneret was ever hereditary.

However, another Knight for Surry was Chosen; and this Thomas Camois be∣ing Lord Thomas Camois, did sit that Par∣liament in the Lords House, as his An∣cestors had done; for I find, that in the 15th. of Ed. 2d, and 4th. of Ed. 3d. Radulphus Camois was Summon'd by Writs, and did sit in those two Parlia∣ments; but I find none in 54 years after, viz. till the 7th. of Rich. 2d. and then that name continued in 37 successive Parliaments, viz. to the 8th. of Hen. 6. as may be seen in the Records. I shall make no further use of this Writ here, than

that of the words, Thomas Camois Che∣valier qui est Bannerettus, doe make it clear, that Banneret was denoted by the word Chevalier, and that that word Che∣valier amongst the Lords did shew the dif∣ference between Banneret and an Ancient or Hereditary Baron. Now in respect it is evident that the Title of Banneret was first brought into use for some meritorious action, in bearing, preserving, or re∣taking the Kings Banner in time of War; whereupon he received the honour of Knight Banneret, and thereupon as an additional honour was also thought wor∣thy to sit amongst the hereditary Barons; and in respect many Martial exploits were about that time done in France (the word Chevalier being borrowed from the French Tongue) came into so great repute, that such as did merit it, did justly Challenge it, and those of less merit did Covet it, and by meer interest and favour obtain'd it, and so by degrees (as I have formerly shewn the word Chevalier upon the account of merit or favour, did swallow up the other Titles; and in process of time, and favour of Kings, it grew to be fixt and hereditary, which was intended at first but Titulary and Temporary, which hath been the fate of most of our Titles of Honour.

Thus having dispatcht the BreviaClausa, or Close Writs of Summons, to the Lords Spiritual and Temporal before the Parlia∣ment is sitting (for these are different from the Writs which are sent out whilst a Parliament is sitting, as will be shewn.) I shall proceed to the Brevia aperta or open Writs, commonly called Patents, by which (such as are Created) are in∣abled to sit there; yet even those Lords, which by their Creations are so priviledg'd, have also Close Writs of Summons sent them pro forma, lest they should fail of their duties for want of intimation, and the Writ is and hath been anciently Clos'd, least (as I conceive) the Writ should con∣tain such private matter, or causes of Sum∣mons as are not fit to be known by the conveyor of them to their Lordships.

CHAP. X. Of Patents of Creation Impowring the Lords Patentees to sit in Parliament.

HAving shewn the Form of the Close Writs of Summons,* 17.2 for such as are to sit in the Lords House, either Ratione sanguinis regalis, or Ratione tenurae, or Ratione Nobilitatis & Honoris, I am now

to shew how some of these sit there Ratio∣ne Creationis (not Exclusive of the others) viz. by vertue of their Open Writs, or Patents of Creation; for though Close Writs of Summoning to a Parliament were thought sufficient to Nobilitate the persons and their Heirs, who had the be∣nefit of them; yet since Tenures and Prescriptions, and Writs only, were not found so safe and convenient, the way of Creation by Patent hath much increased.

2. These Lords Patentees having Writs of Summons, as Memoirs of their Duty to the publick, their Patents do not only in∣tile them to sit in Parliament, but direct them where they shall sit, which their Writs of Summons do not express; for the Writs do only appoint a place, and time where and when to meet, but not their distinct places where to sit, both in respect to their own, and to the other degrees of Nobility.

3. These are called Patents of Creation, signifying something which was not be∣fore; now it is evident by what I have shewn, that there were persons called Dukes, Marquesses, Earls, Viscounts, and Barons, both in Foreign parts, and in this Kingdom, long before those Degrees were Erected by Patent; but till then (as Mr. Selden saith) they were to be esteemed

rather Official than Nobilitated Dignities, and therefore it must be understood that the Form of making them Earls, Dukes, &c. by these Letters Patents, were not in use here in England, till Dukes, Mar∣quesses, Earls, &c. did accept of this in∣strument or Form; and thereupon call'd Dukes, Earls, &c. by Creation.

4. I find these Patents to be of three sorts. First, of Titles Confirm'd (viz. such as were before their Patents.) Secondly, of Titles Reviv'd (viz. which were before, but were extinct for want of Issue, or Escheated to the Crown for Treason, &c. (which often happened in the Barons-wars, and at other times Thirdly, Titles Created or given where none was before. As to the first, viz. of such Titles as were be∣fore their Patents of Creation, it appears that Awbry de Vere (as Mr. Cambden saith) had the choice of four Earldoms, viz. Dorset, Wilts, Berks, and Oxford∣shire, of which four Shires (there having been Official Earls both in the Saxons, and afterwards in the Normans time) he chose Oxfordshire, which being granted to him by Henry the 1st. it was confirm'd to him by Patent of Creation by Hen. the 2d. according to this following Patent.

The Patent to Awbry de Vere, Confirm∣ing him Earl of Oxford.

HEnricus Secundus Rex Angliae & Dux Normaniae & Aquitaniae & Comes Andigaviae

Archiepiscopis Episco∣pis Abbatibus Comitibus Baronibus Justi∣ciarijs Vicecomitibus Ministris & omni∣bus Fidelibus suis totius Angliae Franciae & Angliae Salutem.

Sciatis me dedisse & concessisse Comiti Comitatus Oxenford∣scire ut sit inde Comes quare volo & Fir∣miter praecipio quop ipse & haeredes sui habeant inde Comitatum suum ita libere & quiete & honorifice sicut aliquis Comi∣tum Angliae liberius & quietius & hono∣rificentius habet

Test. * 18.1

Attested by the Chancellor, three Earls, and ten others of Quality.

Mr. Selden observes,* 18.2 that this Patent was rather a Consirmation than a Crea∣tion; and further saith, that in a Chancery∣stile, a Creation and Confirmation signi∣sie the same; however though the words in the Patent are not Confirmasse, but only Dedisse, and Concessisse, yet I conceive it plainly appears to be a Confirmation from the words in the Patent, viz. habeant inde Comitatum suum, which implies that that

County was his before this Confirmatory Creation.

The second sort of Creation Patents, are the reviving of a Title which had been before, but lay Dorment as in this follow∣ing Patent, of Creating Edward call'd Edward the Black-Prince, Son to Edward the 3d. to be Duke of Cornwal, there be∣ing Official Dukes of Cornwal before.

The Preamble to the Creation of Edward, Son to Edward the 3d. Duke of Corn∣wal.

EDwardus Dei gratia,* 19.1 &c.

inter caetera Regni insignia illud arbitramur fore potissimum ut ipsum ordinum dignita∣tum & Ossiciorum distributione, congrue vallatum sanis fulciatur consilijs & robusto∣rum potentijs teneatur, plurimis ita{que} gra∣dibus haereditarijs in regno nostro cum per descensum haeredetatum secundum legem regni ejusdem ad cohaeredes & participes tunc deficiente exitu, & alijs eventibus va∣rijs ad manus regias devolutis passum est a diu in nominibus honoribus & graduum dignitate defectum multiplicem dictum regnum Nos igitur ea per quae regnum nostrum decorari idem{que} regnum ac Sancta ejusdem Ecclesiae aliae etiam terrae nostro subjectae Dominio contra hostium & ad∣versariorum

conatus securius & decentius defensari pax{que} nostra inter nostros ubi{que} subditos conservari illaesa poterint medita∣tione solicita intuentes ac loca ejusdem Regni insignia pristmis insigniri honori∣bus Cupientes nostrae considerationes in∣tuitus ad personam Dilecti & Fidelis nostri Edwardi Comitis Cestriae filij nostri pri∣mogeniti intimius convertentes volentes{que} personam ejusdem honorare eidem filio nostro nomen & honorem Ducis Cornu∣biae de Communi assensu & Consilio Praela∣torum Comitum Baronum & aliorum de Consilio nostro in presenti Parliamento nostro apud Westmonasterium die Lunae proxime post festum Sancti Matthaei Apostoli proxime preterit' convocato existentium dedimus ipsum{que} in Ducem Cornubiae prefecimus & Gladio cinximus sicut decet &c. Dedimus ita{que} &c. Castra &c. juxta generis 〈◊〉〈◊〉 nobilitatem valeat contenere & onera in hac parte incumben∣tia facilius supportare, viz. ut faciat Vicecomites predicti Comitatus.

7. It is affirm'd by our History, that there were Dukes of Cornwal (as I have shewn in the Brittish times) but afterwards in∣tituled Earls, but both the Titles of Dukes, and Earls of that County being long ex∣tinct, William the 1st. rais'd it to an

Earldom, and after Edward the 3d. Erect∣ed it to a Dukedom, and thereupon had a preamble, and this was done also by assent and consent of the Prelates, Earls, Barons, and others of his Council (which I pre∣sume doth include the Commons) but it may be observed, that here was no other Investiture mention'd than Gladio cinximus, which is the same Ceremony of a Knight Batchelor; but many great Royalties and priviledges were herein granted, as may be seen in the Patent at large.

That to the Earl of Oxford needed no preamble, or Consent of the Earls and Commons, or mention of the Form of Investitures, or of particulars of Lands and Castles granted, being only a Confirma∣tion of that honour which he injoyed; but it was convenient, that this to the Duke of Cornwal should have a preamble, in respect the Title had lain dead for a long time in the Crown, as may be Collected from the words, ad manus Regias devo∣lutis.

The like Patent of Reviver, was of the Barony of Abergaveny by Richard the 2d. to John de Beauchamp second Son to the Earl of Warwick, from whom by Mar∣riage of the Daughter and Heir, it came into the Family of the Nevils, where it yet continues; but this was a Barony long

before, for in the time of King William the 2d. call'd Rufus, Hamelius de Balon was Baron of Abergaveny, and from him it descended to Brian de Jnsula, then to the Bruce's, Cante Lupes, and Hastings, in which last name it continued many de∣scents, till John Hastings then Earl of Pembroke, and Baron of Abergaveny died without Issue; and then as I said, Richard the 2d. Conferr'd it John Beauchamp ac∣cording to this following Patent.

6. Richardus Secundus,* 19.2 &c. Sciatis quod pro bonis & gratuitis servitijs quae Dilectus & Fidelis Miles noster Johannes de Beau∣champ de Holt Senescallus Hospitij nostri nobis impendit ac loco per ipsum tempore creationis nostrae huc us{que} impenso & quem pro Nobis tenere poterit infuturum in nostris Consiliis & Parliamentis nec non pro nobili & Fideli genere unde descendit ac pro suis magnificis sensu & Circumspectione ipsum Jo∣hannem in unum Parium ac Baronum Regni Angliae nostri praefecimus volentes quod idem Johannes & haeredes masculi de corpore suo Exeuntes statum Baronis obtineant ac Do∣mini de Beauchamp & Barones de Kider∣minster nuncupentur in cujus rei, &c. Teste, &c.

10. Thus having given instances of Con∣firming,

and Reviving of Titles by Pa∣tents of Creation, I shall speak of the third sort of Creating, or Erecting of new Ti∣tles by Patent of Creation also.

The third sort of Creation Patents, is more properly call'd a Creation than the other; and for this, I instance the Patent to the Prince of Wales. 11. Ed. the 3d. for though Wales had been an ancient Principality in it self, and their Natives were Princes thereof; and this being the first time that that Title was transferr'd to an English man, and a Patent granted by an English King which had never been done before; it might properly be call'd a Crea∣tion, the Preamble of the Patent is Tran∣scrib'd Verbatim; but the Habendum (be∣ing very long) I have only given a short abstract of it.

The Preamble to the Creation of Edward Prince of Wales.* 20.1

REx &c.

Archiepiscopis &c. salutem

de serenitate regalis praeeminentiae velut ex Sole radii sic inferiores prodeunt principatus ut regiae claritatis integritas de Luce Lucem proferens Ex Lucis distri∣butione minoratae Lucis non sentiat detri∣menta Immo tanto magis Regale Sceptrum extollitur & Solium Regium sublimatur

quanto tribunali suo plures subsunt Proce∣res eminentiae clarioris Haec autem con∣sideratio condigna Nos qui nominis & ho∣noris Edwardi ducis Cornubiae & Comitis Cestriae primogeniti nostri charissimi in∣crementum appetimus (in quo potius Nos ipsos conspicimus honorari & domum nostram Regiam & subditum nobis populum nostrum speramus per Dei gratiam sumpta de gloriosis suis auspiciis conjectura honorifice roborari) allicit & inducit ut ipsum qui reputatione juris censetur eadem persona nobiscum dig∣no proveniamus honore & saecunda gratia persequamur de Consilio ita{que} & Consen∣su Praelatorum Comitum Baronum & Communitatum Regni nostri Angliae in Ge∣nerali Parliamento nostro apud Westmo∣nasterium die Lunae in Quindena Pasche proxime praeterita Convocato ipsum Edwar∣dum Principem Walliae fecimus & creavimus & dictum principatum sibi dedimus & con∣cessimus & per Chartam nostram confir∣mavimus ac ipsum de dicto principatu ut ibidem praeficiendo praesideat & praesiden∣do dictas partes derigat & defendat per fertum in Capite & annulum in digito aureum ac virgam argenteam investivimus juxta morem, habend'& tenend'de nobis sibi & haeredibus suis Regibus Angliae in perpetuum cum omnibus Dominijs & ter∣ris

nostris Northwalliae Westwalliae & Southwalliae, &c.

The like was in Richard the 2ds. time, when the Earldom or County of Lanca∣shire was Erected into a Dutchy Pala∣tine, which was not so before, the Pre∣amble of which Patent, I shall here insert; aswell to shew the Latin Style of the Age, as for other reasons, which I shall here∣after have occasion to mention.

The Patent of Creation to John Duke of Lancaster. Anno 1389.

INter Gloriosae Reipublicae curas & sol∣licitudines varias.* 21.1 Regiis humeris in∣cumbentes firmat potissime Regale solium effluens á justitia condigna premiatio mer∣ritorum ibinamque continue virtus crescit & colitur ubi a debito sibi praemio non frustratur. Cum igitur honor sit virtutis praemium constat quod virtuosis & stre∣nuis ex Regali justitia debentur fasces ho∣norum & praemia dignitatum quae uti{que} si dignis conferantur non debent simpli∣citer aestimari donum seu exhibitio favo∣rum sed potius debita compensatio meri∣torum Quid enim in retroactis saeculis & fesicium Principum temporibus Rempub∣licam amplius provexisse comperimusquam

quod pie regnantes virtuosos & strenuos sub se habebant oneris ijs injuncti parti∣cipes, quos postmodum juxta Exigentiam meritorum honore & distributionibus dig∣nitatum successive fecerunt ex debito Re∣galis Justitiae gloriosos. Quia quod soli non poterant, provida virtuosorum hujus∣modi provisione supplebant.

Hijs igitur considerationibus inducti ad te praecharissimum patruum nostrum mentis nostrae aciem dirigentes actus{que} tuos virtuosos & praeclaria merita quibus te virtutum Dominus insignivit in profun∣dae discussionis liberamine ponderantes, de assensu Prelatorum Ducum Magnatum & aliorum Procerum & Communitatis Regni nostri Angliae in instanti Parliamento no∣stro apud Westmonasterium convocato existentium Te predilectissimum patruum nostrum in Ducem Aquitaniae cum titulo stilo & nomine & honore eidem debitis praefecimus ac inde praesentialiter per ap∣positionem Capae tuo Capiti ac traditio∣nem virgae aureae investimus in praemium eximiae virtutis tuae & attinentiae predicta∣rum toto vitae tuae possidendum, &c. Et, &c. Donamus tibi Ducatum, &c. te∣nendum de nobis ut de Rege Franciae, &c. ad totum vitae tuae.

Here was a great Merit express'd, and magnificently rewarded, yet not to his Heirs, but to himself only for life, which he took as a sufficient Recompence for his Services; and this was Assensu & consensu Praelatorum Ducum Magnat'. Et aliorum Procerum & Communitatis Regni nostri An∣gliae. And I observe, That when the Pa∣tents were only for Confirmation, the Assent and Consent of the Parliament was not inserted, but where they were to Revive, or meerly to Create, then the As∣sent and Consent was express'd.

The like Patent of meer Creation was that of the Ninth of Richard the Second, when Robert de Vere, then Earl of Oxford, was Created Marquess of Dublin; (which, saith Mr. Selden, was in him an English Title:) however, it was the first that any was Created of that Title here in Eng∣land.

And also the like Patent of meer Crea∣tion was that of 18 H. 6. whereby John de Beaumount was created Viscount de Beau∣mount, the Title of Viscount being before an Official Dignity, but never till this Creation nobilitated. All which may be more fully seen in the Rolls Chappel, or Patent Office.

13. As I have shewn three sorts of Pa∣tents of Creation, so, for the clearing of

some subsequent matters, I must shew, That these Patents usually consisted of four parts, (yet subject to variations) First, The King's Stile and Preamble. Se∣condly, Of Investitures. Thirdly, Of Places in Parliament. Fourthly, Grants of Lands, Annuities, &c.

As to the Preambles upon New Crea∣tions or Revivals, they were usually long, expressing the Merits of the Person, but commonly they were couch'd in few words; and those, viz. in generals, Pro bono & laudabili servitio quod dilectus & fidelis noster A. B. nobis nuper impendit, &c. particularly Pro rebelles nostros debellando, (according to the particular Services) and in others, Progratia nostra speciali & certa scientia & mero motu.

As for the Second I shall have occa∣sion to speak of them in the Chapter of Investitures.

For the Fourth, concerning Grants, Annuities, &c. I shall have little use of them.

But for the Third, concerning The di∣stinct Places of the Degrees of Nobles, I can find nothing in ancient Patents, but gene∣rals, viz. That his place should be in loco quem teneri poterit in futurum in nostris Consilijs & Parliamentis; and so they were generally set down (except in such as I

shall mention) till Edward the Sixth's time (which was soon after that the Act of 31 H. 8. concerning Precedencies was made) and then the whole frame of the Patents for all the Degrees, from the Ha∣bend' or Sciatis, were setled in this follow∣ing Method, and have ever since so conti∣nued with very little alterations. I begin first with Dukes.

The Sciatis to a Duke's Patent of Creation, and his Place in Parliament.

14. SCiatis pro consideratione praedicta de ulteriori gratia nostra speciali ac ex certa scientia & mero motu nostris Praefa∣tum A. in Ducem C. nec non ad statum, gradum, stilum, titulum, dignitatem, no∣men & honorem Ducis C. ereximus, praefe∣cimus, insignivimus, constituimus & crea∣vimus ipsum{que} A. in Ducem C. nec non ad statum, gradum, stilum, titulum, digni∣tatem, nomen & honorem Ducis C. tenore praesentium erigimus praeficimus insigni∣mus constituimus & creavimus per prae∣sentes eidem{que} A. nomen, stilum, titulum, statum, gradum, dignitatem & honorem Ducis C. imposuimus dedimus & praebui∣mus ac per praesentes imponumus damus & praebemus ac ipsum A. hujusmodi nomine stilo, titulo, statu, gradu, dignitate &

honore Ducis (per Gladij Cincturum, Capae & Circuli aurei impositionem in Capite & traditionem aureae virgae) insig∣nimus investimus & realiter nobilitamus per praesentes. Habend'& tenend'nomen stilum, titulum, statum, gradum, digni∣tatem & honorem Ducis C. praedict' cum omnibus singulis praeeminentijs, honori∣bus, caeteris{que} hujumodi nomini, stilo, ti∣tulo, statui, gradui, dignitati & honori Ducis pertinentibus sive spectantibus pre∣fat' A. & heredibus masculis de Corpore suo exeuntibus in perpetuum Volentes & per presentes concedentes pro nobis here∣dibus & successoribus nostris quod predi∣ctus A. & heredes sui Masculi predicti no∣men, stilum, titulum, statum, gradum, dignitatem & honorem predict' successive gerant & habeant & eorum quilibet gerat & habeat & per nomen Ducis C. successive vocitenter & nuncupenter & eorum quili∣bet vocitetur & nuncupetur, & quod idem A. & heredes Masculi sui predicti, successive ut Duces C. teneantur tractentur & repu∣tentur, et eorum quilibet teneatur tra∣ctetur et reputetur habeant{que} teneant et possideant, &c. (Then as to Parliaments,) [ B] Et quod dictus A. et heredes sui Masculi predicti et eorum quilibet habeat teneat et possideat Sedem locum et vocem in Par∣liamentis Comitijs et Consilijs nostris he∣redum

et successor' nostror' infra regnum nostrum Angliae ut Dux C. Nec non dictus A. et heredes sui Masculi predicti gaudeant & utantur et eorum quilibet gaudeat et uta∣tur per nomen Ducis C. omnibus et sin∣gulis juribus privilegijs praeeminentijs et immunitatibus statui Ducis in omibus rite et de jure pertinentibus quibus Duces hujus Regni Angl'antea haec tempor' melius, ho∣norificentius et quietius usu sunt et gavisi seu in presenti gaudeant et utuntur.

There is an addition of most of the latter Patents concerning Annuities grant∣ed, which I shall speak of so soon as I have recited so much as concern the Places appointed to the several Degrees of Nobles to sit in Parliament suitable to what is inserted in the Dukes Patent at the Fi∣gure B.

Of the Marquess his Place in Parliament by his Patent.

15. AFter the King's Title and Pre∣amble, in the Sciatis, these words are in the Marquess his Patent: viz.

Prefat' R. in Marchionem D. creavimus, &c. per Gladij cincturam & circuli aurei quo Capiti impositionem investivimus, &c. Ha∣bendum,

&c. honorem Marchionis D. &c. prefat' R. & heredibus masculis de corpore suo exeuntibus, &c. (Then as to Par∣liaments,) Et quod dictus R. & heredes sui masculi predicti & eorum quilibet ha∣beat teneat & possideat sedem locum & vo∣cem in Parliamentis Comitijs & Consilijs nostris heredum & successorum nostrorum infra Regnum nostrum Angliae, inter Pares Parliament' in gradu celsiori videl't inter Duces & Comites ut Marchio.

Of the Earls Place in Parliament by his Patent.

16. AFter the Kings Title and the Pre∣amble in the Sciatis, these words are also in the Earls Patents, viz.

Prefat' N. in Comitem A. &c. creavimus per gladij cincturam & Capae honoris & Circuli aurei impositionem investimus Habendum, &c. honorem Comitis A. &c. prefat' N. & here∣dibus masculis de Corpore suo exeuntibus, &c. (Then as to Parliaments,) Et quod di∣ctus N. & heredes sui Masculi predicti & eorum quilibet habeat teneat & possideat sedem locum & vocem in Parliamentis & Consilijs nostris heredum & successorum no∣strorum infra regnum nostrum Angl'inter alios Comites ut Comes A.

Note, It is not here said inter Marchiones & Vicecomites, because they were Degrees erected after the Earls.

Of the Viscounts Place in Parliament by his Patent.

17. AFter the Kings Title and the Pre∣amble, and the Sciatis, these words are also in the Viscounts Patents, viz.

Prefat' A. in Vicecomit••m N. &c. creavi∣mus ac ipsum insignijs Vicecomitis investi∣mus, &c. Habendum, &c. honorem Vice∣comitis N. &c. Et quod idem A. & heredes sui Masculi gerant titulum Vicecomitis N. &c. Et heredes sui Masculi predicti. (Then as to Parliaments,) Et eorum quilibet habeat teneat & possideat successive sedem locum & vocem in Parliamentis & publicis Comitijs (in the first Patent to Beaumont it is Congregationibus nostris) he∣redum & successorum nostrorum infra Reg∣num nostrum Angliae inter alios Vicecomites & ante omnes Barones ut Vicecomes.

Of the Barons Place in Parliament by his Patent.

18. AFter the Kings Title and the Pre∣amble in the Sciatis, these words are in the Barons Patent,

Prefat' A. B. &c. ad honorem Baronis B. &c. creavimus ip∣sum{que} A. B. Baronem B. Creavimus, &c. (no mention of Investitures) Habendum, &c. honorem A. B. heredibus suis Masculis, &c. per nomen Baronis B. de C. & heredes sui Masculi predicti. (Then as to Parliaments) Et eorum quilibet habeat teneat & possideat sedem locum & vocem in Parliamentis pub∣licis Comitijs & Concilijs nostris heredum & successorum nostrorum infra Regnum no∣strum Angliae inter alios Barones ut Ba∣rones Parliamentorum publicorum Comitio∣rum & Consiliorum.

Note, That the word Chevalier is in his Writ, but not in his Patent, nor the word Dominus, which was us'd in ancient Patents, is also disus'd in the latter Pa∣tents.

Of the Conciseness of ancient Patents.

19. HEre I must observe how wanton the Penmen of these Patents have been in latter days, by multiplying words in them, which former ages thought superfluous, and even the Sages of the Law, who are the most knowing in what is sufficient, have anciently and do still re∣ject them (as may be seen in the Thir∣teenth Chapter) and yet the Jurisdiction and Priviledges which are granted to those Sages are little inferiour to what is granted in these, whereas those Patents do not contain (besides the names from the Sciatis to the Teste) above twelve words, and these by the redundancy of Sentences, at least one Thousand two Hun∣dred words.

Of Creation-Money.

20. IN the recital of the Sciatis (in Sect. 8.) I did omit the extravagant slou∣rishes, which are us'd in many of these Patents about Creation-Money and Annui∣ties given to the Patentees.

Concerning an Annuity of twenty Marks granted in the Patent of Creation.

21. IMmediately after the words gaudent and utuntur (in the Sciatis at large, a little before mention'd) these words follow: viz.

Et quoniam aucta status & dignitatis cel∣situdine necessario crescunt sumptus & acce∣dunt onera grandiora: ut predictus A. & heredes masculi sui predicti melius decentius & honorificentius statum honorem & digni∣tatem predictam Vicecomiti N. ac Onera ipsi A. & heredibus suis masculis predictis in∣cumbentia manutenere & supportare valeat, Ideo de uberiori gratia nostra dedimus & concessimus eidem A. & heredibus masculis de Corpore exeuntibus feodum sive annualem redditum tresdecim librarum sex solidorum & octo denariorum legalis monet' Angliae. Habendum & percipiendum annuatim di∣ctum feodum sive annualem redditum tres∣decim librarum sex solidorum & octo dena∣riorum eidem A. & heredibus suis masculis de Corpore Exeuntibus de exitibus profi∣tuis, et reventionibus magnae & parvae custumae et subsidijs nostris nobis concessis sive debitis seu imposterum nobis heredibus seu successoribus nostris concedendis sive de∣bendis

provenientibus crescentibus sive emer∣gentibus infra portum Civitatis nostrae Londi∣ni per manus Custumariorum sive Collectorum nostrorum heredum et successorum nostrorum custumarumet subsidiorum nostrorum heredum et successorum nostrorum ibidem pro tempore existentium ad festum Pasche et Sancti Mi∣chaelis Archangeli per equales portiones vo∣lumus, &c. abs{que} fine hanaperio, &c. et quod Expressamentio, &c. and so concludes, in cujus, &c. Teste, &c.

(too tedious to re∣cite) making above one Hundred words more: and almost the like is to an Earl for 20 l. per annum, so as the Money gi∣ven will scarce pay for the words written, or but little left to support such a Dignity, unless the meer expression of the ube∣rious munificence of the Donor be suffi∣cient.

Sure it was less chargeable, and as effe∣ctual when the words of the whole Pa∣tent of Creating the Earl of Essex, tem∣pore H. 2. and others in other Kings Reigns was only thus: viz.

Do & concedo G. de M. pro servitio suo, & heredibus suis post eum hereditabiliter ut sit Comes de Essexia, & habeat tertium dena∣riorum Vicecomitatus de placitis, sicut Comes habere debet in Comitatu suo.

So here was both the Honor, the Service, and the Re∣ward mention'd in less then thirty words.

There is nothing alledged for the length of these Patents, but that the latter Ages (as 'tis said) are more cautious than the former, and that abundans cautela (say we) non nocet, which occasions an abun∣dance of words more than anciently were in use.

As to the sinalness of the Creation-Mo∣ney, those who have taken pains in Writing about raising of the price of Money, both Gold and Silver, since Edward the Third's time, tell us, That there are three ways of raising it; First, By encreasing the Va∣lue of it, that is by giving more parts to it than originally it had, as by ordaining an Angel of Gold to be valued at a 11 s. which was Coin'd for 10 s. or a Shilling, to be valued at 14 d. The Second, By di∣minishing the Matter, but leaving the same Name and Value to the Money which it had before, as when Angels or Shillings are Coin'd by the same Name and Value as before, but diminished some Grains in the weight; or if new Names be given to them, and the same Value retain'd, but the weight diminished, for in this case there being really less Gold or Silver in weight in the price than was before, and the va∣lue remaining the same, this Silver and Gold which remains hath an high price set upon it. The Third is, When the Va∣lue

remaining the same, of the Species of Money, and the Weight the same, the fineness is abated by putting more Allay to it, so as really then there is less Gold or Silver in fineness (for it is supply'd by Copper (which is usually the Allay to either) whereby the Weight is made the same as before, but the Fineness so much less. They further tell us, That the Cau∣ses of these Allays, are first the Gain which the States make by it, the better to supply themselves in their necessities for Money; the other Cause is an Art which all States do frequently use (as it were) to rob one another of their Money, by vying one upon another, who shall raise their Money highest; and this occasions the raise and fall of Exchanges of Money among our Merchants, which is a Mystery worth the knowing, by every one that serves in Parliament, thereby to prevent Injuries, and to maintain the Honour and Profit of our Kingdom.

But whatever uncertainties are in the raise or fall of Money, this is certain, That 20 l. per Annum, in those days, did go as far (if not farther) in managing Mens occasions (where Money was to be us'd) as 200 l. per Annum now; and one great Reason was, Because in almost all matters of Wars or Peace, the Tenants

were obliged by their Tenures, to supply their Lords, especially in Provisions for Hospitality and Labour, without Wages, or very little, so as a little Money was lookt on as a great Reward, as may be seen in the Tenure of the Lord of the Mannor of Carlton in Norfolk, who is oblig'd every year, with himself and his Servants, to present to the King a certain number of Herrings from the City of Norwich, (with which the Town of Tarmouth are oblig'd by their Patent to supply that City for that purpose) and after three days stay, upon delivery of the Herrings to the King, the Lord of Carlton is to be presented by the Master of the Green-Cloth with a Groat, to buy him a pair of Gloves, as a full Re∣compence of his Trouble, and this con∣tinues to this day.

So as if we look upon the gift of 20 Mark, or 20 l. according to the present Adequa∣tion of Money, to the rates of other things, it may seem a Sum derogatory to the Ho∣nour of the King that gives it, as to him that receives it, and therefore it must be considered as the Groat, a Gift of Anti∣quity, Noble and Liberal in its first Inten∣tion; but had the large Encomium to it (before recited) been as ancient as the Gift, I should not at this time have taken notice of its exuberancy. However (in

pursuance of my Design) these Patents of Creations do intitle them where to sit in the Lords House, &c.

Thus having done with the Patents which concern the Lords Spiritual and Temporal, I intended to have writ some∣thing here concerning the Antiquity and present Use of Seals and Labels to Patents and Writs, and of various Superscriptions to the Lords and Commons, &c. as also of Wax, Parchment, &c. (as necessary Utensils for carrying on the Constitution of a Parliament) but I shall reserve the Discourse of them till I have past through the Parliament-Writs, as well concerning the House of Lords as House of Commons, and Convocation-Houses, and so now pro∣ceed to the General Titles given to the Grandees of the House of Lords, viz. Nobles, Lords, and Peers.

CHAP. XI. Of Nobles, Lords, and Peers.

I Have past through the four first Exem∣plar Writs in the Pawn, concerning the Lords Spiritual and Lords Temporal, and given an account also of so much of their Patents of Creations as relate to Parlia∣ments. But in respect these Nobles are sometimes call'd Lords, and sometimes Peers, and thereupon the very place where they sit in their High Judicatory is call'd the House of Lords or House of Peers. I think fit to hint some few Memorials be∣fore I proceed to the Fifth Exemplar of Assistant Writs.

1. It is agreed by all Inspectors of Words, that Lords and Peers are of the same sig∣nification with us, that Domini and Pares had with the old Romans, so as we and the French are equally beholding to the Latin for them: but when the word Dominus was chang'd into the word Lord, (having no more affinity of sound or Orthography than Comes and Earl) or when Pares into Proceres (of a nearer sound) may be a question, but it may be sufficiently evident, that the word Lord was the Abbreviation

of Louerd, which the Saxons at their first coming, about the year 448. used here instead of Dominus.

2. As for the word Peer, we common∣ly use it as signifying a Defence, as Dover-Peer and Yarmouth-Peer, &c. which is from Petra, a Rock, which the French write Pierre, and we Peer, these Artificial Peers being made in imitation of Rocks, to defend the Land against Inundations, and it may very aptly allude to the Noble Peers in Parliament, who are the Rocks or Peers of our Safety.

3. To pass this, it is allow'd, That Pares in Latin, Paires in French, and Peers in our English Dialect, are all three words of the same sence, signifying Parity or Equality, and as the French had it from the Romans, by whom they were call'd Pares Curiae, viz. Qui ab eodem domino feudum retinent, so we had it from the French, who in the year 778. when Charles the Great (being then King of France, and soon after Emperour of the West) did put all the Government of France into the hands of Twelve of the most eminent Nobles, who thereupon were call'd by the Title of the Twelve Peers of France, be∣ing Pares Gubernatores Franciae, or in their Language Paires d'France, whereof six were Lords Spiritual, viz. the Archbishop

of Reims, the Bishops of Laon and Langres, (who also were stil'd Dukes) the Bishops of Beauvois, Chalois and Nôyon, which three latter were also stil'd Comtes or Earls, and six were Lords Temporal, viz. the Duke of Burgundy, Normandy, and Gui∣enne, the Earls of Flanders, Champaigne, and Tholose; the six Ecclesiasticks do con∣tinue to this day, but the Territories of the other six being either united to, or alienated from the Crown, do now con∣sist of such Princes of the Blood or Fa∣vorits (without limitation by number of six) as the King thinks fit; but those who are, do injoy the Privileges of the Original Peers constituted by Charles the Great.

4. From this Constitution it is concei∣ved, we in England, (upon the Normans coming) did make use of something of that method, and did then also first make use of the word Peers, although in truth, as I said, both of us had it from the Ro∣mans; we also made use of their number Twelve, as may be observed in the Eccle∣siastical Parliamentary Degrees, viz. first Archbishops, secondly Bishops, thirdly Archdeacons, fourthly Deans of Chap∣ters, fifthly Proctors of Chapters, and sixthly Proctors of the Clergy; and six also are of the Temporal Degrees, viz.

first Princes of the Blood, secondly Dukes not of the Blood, thirdly Marquesses, fourthly Earls, fifthly Viscounts, and sixthly Barons. These being so propor∣tion'd into twelve Degrees, but not into twelve Persons, I shall pass to what others have spoken concerning the number of our Peers.

5. In respect the Peers of France were anciently confin'd to a certain number of six and six, some of our English Writers would also confine ours to a certain num∣ber, some to five and some to fifty. But herein we may trust that learned Selden, who saith, That the number of Peers with us, was never confined to any more certainty than the Lords of the Parliament are; for (saith he) whereas only the number of five Peers are mentioned in some Records, that can be no Rule of certainty; because at this day the number Five doth legally express Seven; (as it doth in the Parliament Writ to the Warden of the Cingqueports or five Ports; There being in truth (saith he) Seven of them, and so consequently return∣ed; whereas there are eight Ports called Cinqueports, and so returned; (as will be shewn in the second Part) but however the mistake be in that Grave Author, yet with submission to his great Learning, I conceive this might have been better re∣concil'd:

for the old Writers who mention∣ed five, might intend the five Degrees of Nobility under the Princes of the Blood, viz. Dukes, Marquesses, Earls, Viscounts and Barons, which makes the compleat Temporal Degrees in Parliaments.

And what others write of Fifty, that number without doubt did relate to the number of which those five Degrees did in those days consist; which were now increast to Eighty eight, (as may be seen in this Pawn) besides those of the Blood Royal, and the Lords Spiritual, and Assi∣stants, and have varied in number almost in every Kings Reign. But I rather be∣lieve, that there was some mistake in mak∣ing use of this number Five, by applying it Personally and not Virtually; for an∣ciently, and even to this day, the number five, that is five Lords, do with that num∣ber Constitute the House of Lords for the dispatch of lesser Affairs, till a greater num∣ber come, fit for greater Affairs; and so the number of fourty Members, whether Knights, Citizens, or Burgesses, or some of either, do Constitute an House of Commons, yet these also do not proceed to weightier matters, till they be supplied with a greater number; so as the number five may be well thought to have its rela∣tion to the House of Lords, and the num∣ber

of fifty to the House of Commons.

6. But not to insist further about the definite number of Lords or Peers, or a∣bout the derivation of the words Lords and Peers; I shall give a touch of the words Praelati, Magnates and Proceres us'd in the Latin Writs and Patents; and herein, if we consider the first Institution of this House, it did and still doth consist of Lords Spiritual and Lords Temporal, (diversified into several Degrees) as Archbishops, Dukes, &c. yet the Lords Spiritual were known only by the Title Archiepiscopi & Episcopi, i. e. Archbi∣shops and Bishops; and the Temporal only by the Titles of Comites and Barones, i. e. Earls and Barons; in general terms the Lords Spiritual were called Praelati, i. e. Prelates; (in relation to matters which concern the Soul, which hath pre∣ference or prelation to that of the Body) and the Lords Temporal were called in general Magnates & Proceres, i. e. Lords and Peers, (intimating Persons of the greatest Power and Domination) and being the chiefest Peers and Supports (as I said) of the King and Kingdom.

7. But in Henry the thirds time, certain Persons called Abbots and Priors, (who were the Fathers, Heads and chief Gover∣ners of Monasteries, or of such Houses as

were possess'd by Monks and Canons living in those Houses, with an intent or pretence of weaning themselves from the World, and disposing their minds to a contempla∣tive life) and these being of a mixt nature, partly Regular and partly Secular, and (in respect of their great access of Ter∣ritories given by the charity of others to support them) Baronial did step in be∣tween the Lords Spiritual and the Lords Temporal, and so were called Praelati with the Bishops, and Magnates & Proceres with the Lords Temporal. But Hen. the Eighth (as I have shewn) did dissolve them, so that the Bishops have ow the single Title of Praelati; and the Tempo∣ral Lords, of Magnates & Proceres, for we see in the Summoning of this Parlia∣ment, (when Bishops were excluded, the words Cum Praelatis was left out, but be∣ing restored, then they were equally Summon'd to sit, inter Praelatos, Magnates & Proceres, and the preposition Inter, is properly inserted; for however their sitting is, yet the Bishops are called over, between Viscounts and Barons.

8. Now as Abbots and Priors were thus interposed in Henry the Thirds time; so in the time of Edw. the Third (as I have shewn) Dukes began, and as they increased, did step in before Earls and

Barons; and in Rich. the Seconds time Marquesses began, and as they increast also stept in between Dukes and Earls; and in Hen. the 6ths. time Viscounts began, and as they increast did step in between Earls and Barons; so as Originally, according to the dates of their Admissions, these Lords Spiritual and Temporal were all Peers, i. e. Pares, pari gradu, the Bishops were Pares inter seipsos pari gradu Epis∣copali, (the Abbots, &c. in their time, were Pares inter seipsos, and both of those Degrees were also Pares upon a Ba∣ronial account; (so the Dukes and Mar∣quesses being Earls or Barons before they were created Dukes or Marquesses, in respect of their Earldoms or Baronies were Peers to the Earls and Barons; and the Viscounts also, (most of them being Barons before they were created Viscounts) in respect of their Baronies were Peers also to the Barons; so also upon a Baro∣nial account they were Pares pari gradu Baroniali: Till Patents of Creation did more exactly distinguish them, without relation to Baronies; so as now to speak properly, each Degree are Pares or Prees to their distinct Degrees.

9. I must here again make use of my former observation, viz. That in the Writs to Dukes they were Summon'd to be pre∣sent

in Parliament, Cum Magnatibus & Proceribus; and so are the Marquesses, Earls, Viscounts and Barons, yet the Pat∣tents to the Dukes do place them inter Pro∣ceres & Magnates, putting Proceres or Peers before Magnates or Lords; and in the Pattents to Marquesses, they are placed inter alios Marchiones; and the Earls inter alios Comites; and the Viscounts inter alios Vicecomites; and the Barons inter alios Barones. But none of the Lords Patentees (except the Dukes in relation to their places) do take any notice of the position of the words inter Proceres & Magnates; for the Earls and Barons Patents have reference only to their own Degrees and not to the three other Degrees; so as Proceres or Peers is applied only to the Dukes in their Patents of Creation.

10. This is all that I can satisfie my self in concerning the use of the words Lords and Peers, Praelati, Magnates, & Proceres; and that this may be the more satisfactory to others, I shall recite the words of the learned Selden, (in his Titles of Honour) whose lasting Credit is be∣yond exception; (saith he,) Though there be a distinction of Degrees in our Nobility, yet in all publick actions they are Peers or Equals; (as in the Tryals of Noblemen, &c. in which the Spiritual Lords never did

or do concern themselves Personally, because it is against their Canons to act in any mat∣ters which relate to Blood) yet whatever Acts pass, these words are inserted, viz. We the Lords Spiritual and Temporal, &c. with the Kings Assent, &c. for though the Lords Spiritual consist of Archbishops and Bi∣shops, and the Lords Temporal of Princes of the Blood, Dukes, Marquesses, Earls, Viscounts and Barons, yet they are all in∣cluded as Peers in the words Lords Spiri∣tual and Temporal, and so in many cases the word Peers is also generally applied; so that, as the words Lords and Peers have been of latter times intermixedly used, we cannot well make a difference between them otherwise than is before exprest.

11. That the words Lords and Peers have been used promiscuously, in relation to the five Degrees of the Lords Tempo∣ral, is evident from the Commissions issued for the Trials of the Earl of Strafford, 1640. the Lord Morley, Anno 1665. the Lord Cornwallis, Anno 1676. the Earl of Pembroke, Anno 1678. wherein the words are, Damus autem Ʋniversis & singulis Ducibus, Marchionibus, Comitibus, Vice∣comitibus & Baronibus, &c. (without men∣tioning Praelatis, for reasons before menti∣oned) and though the Earl of Strafford

and Earl of Pembroke were Earls, yet by the Commission they were triable, per Barones, Viceomites, Comites Marchiones, & Duces, and not by Earls only; and so though the Lord Morley and Lord Cornwallis were only Barons, yet they were triable by Dukes, Marquesses, Earls and Viscounts, and not by Barons only, whereby the word Peers seems to be a word of eminen∣cy, giving no real distinction to those five Degrees of Nobility; so as all the De∣grees of the Temporal Lords are Peers, and the Peers Lords; to confirm this, I shall cite one passage more from Mr. Selden, who saith, That though we borrow∣ed the word Peers from the twelve Peers in France, yet here we apply it to all the Lords in Parliament, and not to any set number of them; because (saith he) the number of our Nobles may be more or less, as the King pleaseth: and as Marquesses and Viscounts were (as I said) interpos'd to Dukes, Earls and Barons, so he may abstract less, or add more, as he thinks most fit, for the support of Nobility, for he is Dominus Nobilitatis & Honoris, or the Fountain of Honour; and that this Prerogative may be more fully seen here∣in, in the 21. of Jacobi (it being needless to quote former precedents) five several Writs were issued after the Pawn was

setled; yet entred in the Margent of the Pawn for that year, to five several persons, viz. to the Lord Grandison, Sir Robert Chi∣chester, Sir John Sucklin, Knight, Comp∣troler of the Kings House, to Sir Thomas Edmunds, Knight, Treasurer of the Kings Houshold, and to Sir Richard Weston, Knight, Chancellor of the Exchequer, to summon and impower them to sit in the Lords House, who otherwise had no right of Tenure, Prescription or Creation. So in the first of Caroli primi, six several Writs were issued (and also entred in the Margent of the Pawn for that year) viz. to Oliver Lord St. John, and again to Sir Thomas Edmunds, Sir John Sucklin, Sir Richard Weston, and to Sir Robert Nan∣ton, Knight, one of the Kings Privy-Coun∣cil, and to Sir Humphry May, Chancellor of the Dutchy of Lancaster; and so in 15 Car. primi, two Writs were issued and also entred in the Margent of the Pawn for that year, viz. to Charles Viscount Wilmot, of the Kings Privy-Council, and to Ed∣ward Newburgh, Knight, then Chancellor of the Dutchy of Lancaster, and also of the Kings Privy-Council.

12. To sum up all, I apprehend, That those Lords Spiritual which are summon'd by Writ to sit in Parliament are Vital Peers, and the Lords Temporal so summon'd

are hereditary Peers, for there are other English Lords, which may be, but are not summon'd, and thereby are no Parliament Peers, yet are Lords, and upon an heredi∣tary account also; for the King (as I said) can summon or not summon any of them when he thinks fit, unless any Lord claims a right by Patent of Creation, or other∣wise, and then upon that right he demands his Writ, and it is seldom denied, if the grounds of their demands be right, if du∣bious, the Case is debated in the Lords House, as in the Case of the Lord Aber∣gaveny, &c.

Some are of opinion, That the Lords Temporal are only to be accounted Peers, and not the Lords Spiritual, first, Because they sit there rather by their Writs of Sum∣mons than Tenures, as anciently they did; secondly, Their Titles of Lord is but vital at most; thirdly, In case of Treason or Felony committed by a Spiritual Lord or Lord Temporal, the manner of trying them upon Indictment and Judgment upon Conviction are clearly different, as will be shewn in the Chapter of Trial by Peers.

13. Notwithstanding these Allegations, it is evident, That the Lords Spiritual are Pares or Peers, but inter seipsos gradu E∣piscopali & vitali, but not Pares to the

Temporal Lords, who are Pares gradu hae∣reditario Nobilitatis & honoris, either De∣scendent or Created, so that though all the Lords in the Lords House may be said to be Peers, yet the Lords Temporal being in gradu celsior is Nobilitatis, are more pro∣perly to be accounted so than any other Degree; in respect that as their Interest is greater than any other Degree, so they cannot be said to be Pares to any lesser than themselves, and therefore it may aptly be said, that none but such Dukes, Marquesses, Earls, Viscounts, and Barons as are summon'd by Writ to sit in Parlia∣ment, are to be accounted Peers of the Realm, or of Parliament. All other De∣grees of Nobility, or Degrees under these five Degrees, are only Pares sui cujus{que} or∣dinis, and not Pares Regni, and so the House of Commons, in time of Parlia∣ment, are Pares minoris Nobilitatis, and the Lords of the Lords House, Pares majo∣ris Nobilitatis.

The next subject that I am guided to treat of, is concerning Proxees to the Lords Spiritual and Temporal, which may be made either of Lords or Peers, or of nei∣ther Lords nor Peers, yet by this Proxima∣tion are, pro hac vice, nobilitated.

CHAP. XII. Of Proxees.

I Am now to speak of such as are substitu∣ted by the Lords Spiritual or Lords Tem∣poral, to sit in the Lords House, and these are called by the name of Proxees.

1. The Latin word for Proxee is Procura∣tor, which is sometimes English'd Proxee, and sometimes Proctor, according to the Employment of the Person to whom it is apply'd.

Proxee in a Parliamentary sence is con∣stantly apply'd to such a Deputy or Substi∣tute as is chosen by any Lord Spiritual or Lord Temporal (by Licence first had from the King, in case of just occasion alledged for absence) to supply his Deputy in the Lords House, and thereupon his Vote to be as significant to all purposes, as if the absent Lord were present; and there∣fore the word Proxee may well be thought to be only the Tachygraphy or short wri∣ting of Proxime, signifying the next in Judgment, Opinion, Degree, or Quality to the Lord who chooseth him for his Proxee.

But Proctor, which is the most literal abbreviation of Procurator, hath several applications, first to such as are in some sort a Limb or Branch of Parliaments, viz. such as are chosen by the Chapters and Clergy, together with Archdeacons and Deans, to represent the whole Clergy, as Knights, Citizens and Burgesses do the Laity or whole Commons of England; but these are more usually call'd Repre∣sentatives, the other constantly Proctors, both being deputed by distinct Degrees to distinct Purposes, as will be more fully shewn.

Secondly, There are also Proctors for the two Universities of Cambridge and Ox∣ford.

And Thirdly, Proctors of Ecclesiastical Courts, which have no other relation to Parliaments than according as they are concern'd in Elections.

The Proxees which are admitted to the Lords House are like those in the old Ro∣man Empire, call'd Procuratores Caesaris, (which were the chief of four sorts of Pro∣curatores amongst them) because that first and chief of the four were only imploy'd ad Res publicas administrandas, (the other three for lesser matters) and so the Proxees of the Lords House being the chief of all other Proxees, are to be esteemed Publi∣carum

rerum administratores, as fully as the absent Lords (except in some particulars as to Place, Continuance, &c.)

2 These Noble Proxees are (as I said) lincensed by the King, upon the Petition or Request of some Lord Spiritual or Lord Temporal, and are not usually made of Strangers, (who are not Members of the Lords House) nor of the Assistants of that House.

When the absent Lords occasions of ab∣sence have not been just, or his absence inconvenient to the Publick, the King hath often deny'd to License their Proxees; but when the Allegations have been just, the Proxee hath been sometimes allow'd without the Kings License.

Sometimes it hath been allow'd to the absent Lord, to make a Proxee of such a person as is otherwise incapacitated to sit in the Lords House, (for by this he is no∣bilitated) but there hath been none such allow'd in this Parliament.

3. Generally the absent Lord doth six upon such a Lord as (I said) doth sit in the Lords House, by his own Right and Writ of Summons, whereby the Proxee-sitting Lord hath a double Voice, one for himself, the other for the absent Lord to whom he is Proxee.

4. These Noble Proxees are made some∣times before the sitting of a Parliament, (after the Writs are issued) and some∣times in the time of their sitting, and their Deputations both before and after the sitting have several Forms, as will be shewn.

5. In former times the Lords Spiritual had the privilege to make two or three Proxees, but since the dissolution of Ab∣bies, and that Abbots, &c. were excluded, no Proxor, or absent Lord, doth make but one Proxee.

6. The Licenses for Proxees (as I said) were granted by the King, upon the absent Lords Petition; which Petition from Edward the Third's time was in this Form:

Serenissimo Principi Domino Edwardo Dei gratia Regi Angliae, Franciae & Hi∣berniae Domino, &c. Quia impedimentis varijs & arduis negotijs, &c. sumus multi∣pliciter impediti quo instante Parliamento vestro apud Westmonasterium in Quind', &c. proximo futur' personaliter esse non valentes. (And so others, for other reasons) pray that he may be allow'd his Proxee; whereupon License was granted, as may be seen in ancient Journals, but more lately in Queen Elizabeth's time, thus:

Right-trusty and well-beloved, We greet you well. Whereas we are inform'd, That by reason of Sickness you are not able to make repair hither to this our Parliament, to be holden at Westminster, We have thought good, by these our Letters, to dispense with you for your absence, and to License you to remain still at home for this time, so nevertheless that you send up your Proxee, of such Personage as may be for you in your Name, to give his Voice and Assent, or Denial, to such Matters as shall be concluded on in our said Parliament. And this our Letter shall be your Warrant.

Given under our Signet at our Palace at Westminster, the 20th of November, in the Eighth Year of Our Reign.

8. These Licenses are usually entred in the Signet or Privy-Seal-Offices, (and pass no further) but are certified to the Lords when sitting.

9. This regular Method of Licenses continued till about the end of Queen Eli∣zabeth's Reign, but by the kindness (or connivance of her Successors to the Nobles) there hath been of late no more Ceremo∣ny us'd than a Verbal Motion to the King; and some Nobles by that Indulgence have constituted Proxees without application

to the King, only adding in their Deputa∣tions to their Proxees (viz. per Licentiam Domini Nostri Regis) conceiving that the very mentioning of the Kings License was a sufficient acknowledgment of his Pre∣rogative herein; however these follow∣ing Proxee-Deputations, or derivative Writs (which I cite as Precedents) were regularly obtain'd.

The Form of a Proxee-License from one Lord Temporal to another before the sit∣ting of a Parliament.

10. OMnibus Christi Fidelibus ad quos hoc praesens scriptum pervenerit, Rupertus Palatinus Rheni, Dux Bavariae & Cumbriae, Comes Holdernes in regno Angliae salutem Noveritis me praefatum principem (per Licentiam Serenissimi Do∣mini nostri Regis) a suo Parliamento te∣nendo & inchoando apud Westmonaste∣rium in dicto regno Octavo die Mensis Maij proximo futuro sufficienter excusa∣tum abesse; Nominare ordinare & consti∣tuere dilectum mihi in Christo praenobi∣lem & honoratissimum virum Jacobum Ducem, Marchionem & Comitem Or∣mondiae, Comitem Osoriae, Carrickiae & Breconiae Dominum Thurles Baronem,

meum verum certum & indubitatum Fa∣ctorem, Attornatum & Procuratorem, eidem{que} Procuratori meo dare & concedere plenam Authoritatem & Potestatem pro me & nomine meo, & de super quibus∣cun{que} causis exponendis seu declarandis tractandis, tractatibus{que} hujusmodi mihi factis seu faciendis, Concilium nomine meo impendendum. Statutis{que} etiam & or∣dinationibus quae ex maturo & delibera∣to Judicio Dominorum in eodem Parlia∣mento Congregatorum, inactitari seu or∣dinari contigerint nomine meo consentien∣dum, eisdem{que} (si opus fuerit) subscriben∣dum, Caetera{que} omnia & singula quae in praemissis necessaria fuerint, aut quomodo∣libet requisita facienda & exercenda, in tam amplo modo & forma prout ego ipse facere possem, aut deberem si praesens per∣sonaliter interessem, ratum & gratum ha∣bens & habiturus totum & quicquid dictus Procurator meus statuerit & fecerit, in prae∣missis.

In cujus rei testimonium praesen∣tibus subscripsi, Sigillum{que} meum apposui

datum apud Westmonasterium decimo sex∣to die Aprilis Anno Regni dicti Domini nostri Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis fidei defensoris, &c. decimo tertio Anno{que} salu∣tis nostrae 1661.

11. This was subscribed (Rupert) and sealed with his Seal at large upon an an∣next Label.

12. All Proxee-Writs of this nature are given into the Clerks of the Parliament before the Proxees are admitted, and their Licenses either produced to the Lords (if written) or affirm'd by some other Lords that the Kings consent was thereto.

13. This was the only derivative Proxee-Writ which was made by a Lord Temporal of this Parliament, 1661. be∣fore the Sessions, and though the Foreign Titles of the Proxor and of his Proxee are mention'd in the Writ Honoris Gratia, yet it operates nothing in this Case; for as the Proxor could not make a Proxee without the Kings License, written or vernal, so he could not be a Proxee by virtue of his Foreign Titles, but only by their English or Welsh Titles, viz. as Duke of Cumber∣land he was Proxor, not as Palatine of the Rhine, or Duke of Bavaria, and the Earl of Brecknock was his Proxee, as Earl of Brecknock, not as Duke of Or∣mond.

14. Had there been more of these De∣rivatives before the Sessions, they must have been in the same words, differing on∣ly in the Titles of the Proxor and Proxee; and those that were made the Parliament

sitting, viz. the 10th of May, the Earl of Holland (before any Prorogation) made the Earl of Suffolk his Proxee, and are also in the same words with the other Form, mutato nomine, and by changing the future to the present, viz. Tenendo & Inchoando, to tento & inchoato, but after a Prorogation the words are as in the next Writ (at inde prorogato, &c.) And these two Derivatives are sufficient to shew the difference between Writs made before the Parliament, or before any Prorogation, and the Writs made after a Prorogation.

15. The recital of Prorogation or Pro∣rogations are not only so in Derivatives, but in all original Writs which are issu'd after a Prorogation, by reason of the death of any Lord, to summon another.

I have entred this Writ to the Archbi∣shop here, though I shall speak more of it when I come to treat of Writs made in time of Parliament, because it contains many Clauses different from the Deriva∣tives to the Lords Temporal, especially in the last Paragraph more observable.

The Form of the Archbishop of Canter∣bury's derivative Proxee-Writ to the Bishop of London after a Prorogation.

[ 16] OMnibus in Christo Fidelibus ad quos hoc praesens Scriptum per∣venerit

Gulielmus providentia divina Can∣tuariensis Archiepiscopus totius Angliae Primas & Metropolitanus

Salutem in Do∣mino sempiternam,

Cum Serenissimus Do∣minus noster Rex, quibusdam de causis sub∣limitati suae intimatis licentiam a praesenti hoc suo Parliamento tento & inchoato apud Westmonasterium octavo die Maij An∣no regni sui decimo tertio & continuato ad decimum nonum diem Maij Anno decimo quarto dicti Domini Regis & inde proro∣gato ad decimum octavum diem Februarij proximè inde sequentem nobis absen∣tandi ex suo speciali gratia & favore nu∣per concesserit dummodo sidelem aliquem Procuratorem, vice loco{que} meis ponerem ordinarem & constituerem, Noveritis Igi∣tur me praefatum Archiepiscopum dilectum mihi in Christo Reverendum in Christo Patrem Gilbertum eadem divina provi∣dentia Dominum London Episcopum me∣um verum certum & indubitatum Facto∣rem, Actorem, Procuratorem, Attornatum,

negotiorum{que} nostrorum Gestorum & Nun∣tium specialem, nominare ordinarefacere & constituere per p'sentes, dando & conceden∣do eidem Procuratori meo plenam autho∣ritatem & potestatem de & super quibus∣cun{que} causis & negotijs statum & utilita∣tem dicti Domini nostri Regis Reipublicae incolumitatem & Ecclesiae Anglicanae quie∣tem concernentibus, quae in praefato Par∣liamento qualibet ejusdem sessione per di∣cti domini Regis statum agitari contige∣rint tractandi, tractibus{que} hujusmodimihi factis seu faciendis concilium & auxilium nomine meo imponendis etiam & ordina∣tionibus quae Communi statu praedicta or∣dinatione ibidem fieri & ordinari contige∣rint nomine meo consentiendi, & ijsdem si opus fuerit subscribendi vel dissentiendi, Caetera{que} omnia & singula quae in praemis∣sis aut in aliquo praemissorum necessaria fuerint seu quomodolibet requisita faci∣endi expediendi & exercendi in tam am∣plis modo & forma prout ego ipse facere possem & deberem si praesens personaliter interessem, Promitto{que} me ratum gratum & firmum perpetuo habiturum totum & quicquid dictus meus Procurator statuerit aut fecerit in praemissis, & sub Hypotheca & obligatione omnium & singulorum bo∣norum meorum in ea parte cautionem ex∣pono per presentes,

In cujus rei Testimo∣nium

manum & sigillum meum Apposui.

Dat apud Lambeth' vicesimo primo No∣vembris Anno regni dicti Domini nostri Caroli Secundi Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis fidei defenso∣ris, &c. Anno{que} Dom. 1662.

17. All derivative Proxee-Writs made either from a Lord Spiritual or Temporal, to any of their own Degrees, or of other Degrees, do not continue longer than one Session, without a new Derivative License, or Proxee-Instrument.

18. As to the places of the Proxees in the Lords House, they are not mention'd in the Act of Precedency, so I shall con∣clude with Mr. Elsing, That surely they did not sit in the Lords Seat whose Proxee he was, yet in all Councils and Dyets be∣yond the Seas he does.

19. Though they are Nobilitated by sitting as Proxees, yet they are not to be accounted Peers, unless they were Peers before they were Proxees.

Thus having said as much as I think fit of Writs to the Lords Spiritual and Tem∣poral, both Original and Derivative, I am come to the Fifth Exemplar, concern∣ing the Assistants to those Lords, Peers, and Proxees.

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,* 28.1 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,* 29.1 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,* 30.1 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,* 30.2 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,* 30.3 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.* 30.4 Ʋni pri∣mariorum Secretariorum suorum; and to Willielmo Cecil alt' primariorum Secreta∣riorum,* 30.5 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.* 30.6 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,* 30.7 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;* 30.8 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.

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.

CHAP. XV. Of Returns of Writs relating to the Summoning of such as are to Sit in the Lords House.

IN all Judicial Courts from whence Writs do issue, there is care taken for their due Returns, as may be seen in Fitz Herbert, and such Authors who have treated of the nature of Writs and their Returns; but none of them giving a full account of Parliament Writs and Returns, gives me occasion to insert this Chapter.

As to the Return of the Writs to the Lords Spiritual, and Temporal and Assi∣stants, they ought (by every individual Person who had a Writ) to be deliver'd to the Clerk of the Parliament before the House Sit, or immediately upon their Entrance into the House, at the Table, and by the said Clerk they are to be kept with the Records of that House.

By the omission of this method many inconveniencies have and may happen to their Successors or Posterity, and there∣fore it is wisht there were more care ta∣ken in their due Returns; to which they may be incourag'd, being of so little

trouble in the performance. But as to the return of Writs concerning the House of Commons, the method consists of much trouble and perplexity, not only from the time of the executing the Writs, but in undue returns, as will be shewn in their proper place.

This Chapter concluding all the Patents and Writs of Summons, and Returns which concern the Lords House, (by vertue of which the Persons so Summon'd by Writ do sit there) now I must speak of such as sit there without Patent or Writ of Summons; and first of the Masters of Chancery.

CHAP. XVI. Of the Masters of Chancery.

[ 1] THE Secretaries of State did bring up the Rear of the State Officers, and now the Masters of Chancery do bring up the Rear of the Assistants; and though I have spoke something of the Master of the Rolls, partly as chief of the twelve Masters of Chancery; yet, there he was considered as Master of the Rolls, (or Re∣cords) rather than one of the twelve Masters of Chancery, whereof (as I said)

he is the chief; and these twelve are called Masters in Ordinary.

2. For there are also other Masters in Chancery, called Extraordinary, which are of an uncertain number, according to the businesses of the respective Counties wherein they are imployed.

3. As for the twelve, they usually are cho∣sen out of Barresters of the Common Law, or Doctors of the Civil Law, and eleven of them do sit in the Chancery, or in the Rolls as Assistants, saith Sir Edward Coke) to the Lord Chancellor and to the Master of the Rolls, every day throughout each Term of the year, and to them are com∣mitted Interlocutory Reports, and stating of Accounts, and sometimes (by way of reference to them) they are impowr'd with a final Determination of Causes there depending.

4. These twelve have time out of mind, sat in the Lords House; yet have neither Writs nor Patents (for many Ages past) impowering them so to do; but I conceive, as the Master of the Rolls is (as is said by that Institutor) an Assistant to the Lord Chancellor, the remaining eleven may fairly be said to be Assistants both to the Lord Chancellor and Master of the Rolls, in all or most Matters, depending in both

or either Courts, and so Virtute Officij, they are inclusively capacitated, (by the Writs to the Lord Chancellor, or Master of the Rolls) to be Assistants to them in the Lords House, as they are in Chancery, without any particular VVrit or Patent to them.

5. Anciently this Title was higher than what Sir Edw. Coke affords them; for I find in an old Manuscript in the hands of Sir J. C. one of the Masters, (but I have not the opportunity of searching the Re∣cords therein mentioned) Intitutled, De Cancellario Angliae & ejus Cojudicibus, & de authoritate eorum, and then follows, viz. In dicta Curia Cancellarij sunt ordinati duo∣decem Cojudices, viz. Magistri sive Clerici de prima forma ad Robas, (which in the 13. Chap. I call the first Orb) pro Arduis negotis Regis & Regni, & Reipublicae expe∣diendis, (which agree verbatim (and 'tis observable) with the very words of all Writs of Summons to Parliaments) eidem Cancellario omnino assistentes & secum con∣tinuo consedentes, (which in a manner In∣titles them to sit in the Lords House with him and many other matters are mention∣ed therein, which I shall refer to my Anno∣tations, because I cannot now warrantably insert them; but I find in other Books, that anciently they had the care of in∣specting

all Writs of Summons to Parlia∣ments committed to them, which is now (as I have shewn) performed by the Clerks of the Pettibag.

6. As to the Title of Maister, (from Ma∣gister, and from Magus a Wiseman) it is as ancient as most of our borrow'd words from the Latin, and was still apply'd to Persons of Knowledge and other Abili∣ties above the Degrees of Yeomandry.

Amongst the old Romans (as may be read in Livy, Pomponius, Aurelius, and o∣thers) they had twelve great Officers, to whom that Title was given, viz. Magister Populi, or Dictator, Magister Equitum, Magistri Census, Magister in Auctionibus, Magistri Epistolarum, Magistri Memoriae, Magistri Militum, Magister Navis, Ma∣gistri Officiorum, Magistri Scriniorum, Magi∣ster Curiae, Magistri Aeris, and many more of a lesser Rank; for I speak not of Ma∣gistri Familiae or Privatae, (or as the word is vulgarly applied to its relative word Servant) but as a Title applied to Per∣sons of Eminency, for their Integrity and Learning; and of these there are also twelve sorts with us, (which are found in the Law Books) whereof the first we meet with in the Statutes, is the Master of the Mint, in 2 H. 6. c. 14. (2.) the Master of the Rolls in the first of H. 7. Cap. 20. (for

till then he was call'd Clerk of the Rolls, or Custos Archivorum, and chief Clerk of the Chancery, (of which there are twelve, as I said, since which, six chief Clerks, and a greater number of a lesser Form, are there Constituted, whereby they are di∣stinguisht from the ancient Clerks, (now the 12. Masters of Chancery) which may be accounted (the Third) sort in point of time mentioned in the Statutes; (the Fourth,) The Master of the Horse in the first of Edw. the Sixth; (the Fifth) The Master of the Postern in 2 Edw. 6. (the Sixth) The Master of the Kings Houshold in the 32 H. 8. (chang'd to the Lord Stuard of the Kings Houshold, (Charles Duke of Brandon being the first of that Title mentioned in any Statute) (the 7th.) The Master of the Court of Wards in the 33 of Hen. the 8. (now of no use) (the Eighth) The Master of the Musters, after in the 33 Eliz. called Muster Master Ge∣neral; (the 9.10.11.12.) viz. The Master of the Armory, the Master of the Kings Jewels, the Master of the Ordi∣nance, (and Master of the Kings Wardrop) are mentioned in the Statute of 39 Eliz. not but these Officers were before, but the Statutes (as I said) do not take notice of them till the times that they are quoted in the said Statutes.

7. Now as the old Romans had others which had the Titles of Magistri, viz. Ma∣gistri Ʋniversitatis vel Societatis; so we in imitation, at Cambridge have the Title of Magister fixt at the head of every Col∣lege in that University, (which is an argument of their Antiquity, of which I shall speak more) whereas Oxford hath but three which bear that Title.

8. It is also applied to the Heads of Halls of Companies in London, and other Ci∣ties; and it hath been formerly applied to all the Members of the House of Com∣mons, who were not actually Knights, or Esquires, or of higher Degrees; but in the House of Lords, I do not find it used to any, to whom Writs of Summons were sent to sit there, except to some Priors and Deacons who were sometimes called Magistri in their Writs, and others of Religious Orders, call'd also in their Writs Magistri, as also to Officers in Chan∣cery, viz. 49 Edw. 3. Magistro Thomae Yong, Officiario Curiae Cancellariae; but whether it was the same Office which is now exe∣cuted by the Masters of the Chancery, Non Constat; however they were then under the notion of Clerks in an Ecclesiastical sence; but as Writs were sent to Clerks or Ecclesiasticks, with the Title of Ma∣gister; so in Henry the Fourths time, and

not before, there were Writs sent to Laicks with that Title, and those were Persons of high Quality, viz. in the 2.3. and 6. Hen. the 4th. Magistro Thomae de la Ware, (sometimes call'd Ware and Warre) to attend those Parliaments, and the same Thomas was also Summon'd to the Parliaments of the 1.2.3.4.5.7.8. and and 9. of Hen. the 5th. Magistro Tho. de la Ware, and so to the 1.2. and 3. of Hen. the Sixth; but in the second Parliament of that year, Mr. De la Ware was not Summon'd, but one VVrit was Magistro Johanni Stafford Thes. Angliae, and ano∣ther VVrit, Magistro Willielmo Alremith Custod. privati Sigilli. But in the 4th. and 6. of Hen. the Sixth, both those were left out, and the same Magistro Tho. de la Ware Summond again, and for brevity passing to the 36. of Hen. the Eighth; and then it was expressly Roberto Bows Mil. Magistro sive Custod. Rotulorum Can∣cellariae, being then also chief of the twelve Masters of Chancery; However Sir Edw. Coke saith they are Assistants to the Lord Chancellor, or as the Manuscript saith, Co∣judices, and thereupon ex Officio do sit in the Lords House, and the antiquity of the Places allotted them there, (as will be shewn) and their Imployments in every Parliament makes their attendance a kind of Praescription.

And now I proceed to such as sit in the Lords House by Patent only, without Tenure, VVrit or Praescription.

CHAP. XVII. Of the Clerks of the Lords House.

HEre I am to speak of such as have pla∣ces allowed them in the House of Lords by vertue of Patents only, and first of the Clerks; This Title of Clerk from Cleros, when the Clergy had (by reason of their great learning) the guidance of Civil Offices, was given as an honour to them; and most of the great Offices, as the Privy Seal, Master of the Rolls, &c. had the Titles of Clerks; but now that Title remains to a lower sort, of which there are 26. in num∣ber who still retain that Title.

The first, (as to the Progresses of Parlia∣ment) is the Clerk of the Pettibag, which is under the Conduct and within the Patent of the Master of the Rolls; (who is the chief of all the Clerks in the Lords House, of which Office I have spoke in that Section of the Rolls, and in other places.)

2. The Clerk of the Crown in the Chancery, (call'd Clericus Coronae in Cancellario, in his Patent) of whom I have also spoke cursorily

in several places) is an Officer to whose care many great things are committed, (which may be read in Compton and others) but as to what concerns this Subject, I must again remind, that all Parliament VVrits which are sent from the Pettibag, are return'd and kept by the Officer, so that the Pettibag gives (as it were) the beginning, this the continuance and ending to a Parliament.

So as this Clerk of the Crown hath three Capacities. Before the Sitting of a Parliament, to receive returns of VVrits which were issued from the Pettibag.

And in Parliament to take care ac∣cording to directions for the issuing of Writs in case of change or mortality; And in the Lords House he first reads the Titles of all Bills to be presented to his Majesty, of which and other parts of his Duty I shall speak more.

3. The third Clerk is term'd in his Pa∣tent, Clericus Parliamentorum, because he is Clerk in all Parliaments during his life; his imployment here being only conversant about the Affairs of Parliament.

Now in respect that all Bills and Matters of State have here their result in the Lords House, he is the proper Keeper of such Re∣cords, (for the Lords House is a Court of Record) and to that end his Books are fairly writ, exactly compos'd, according

to the very words and sence of that House, and constantly perus'd by some Lords ap∣pointed for that purpose, as well for his own justification as others satisfaction.

He hath also an Assisting Clerk allowed him, who is of great use and ease to him, both of them being well grounded in learn∣ing, experience and ability, in the safe ex∣pediting the concerns of that House, which hath both an Ocean of VVisdom, and cu∣rious Rivolets of Honorary punctilios, (not to be omitted by them, somewhat different from all other Courts) he hath also a Reading Clerk allowed him, who likewise attends the Lords Committees; and these are all the Clerks which constantly attend in the Lords House, and are within the Bar.

4. Of the Clerks of the House of Com∣mons I shall speak in the second part.

5. As I have shewn the Imployments of the Clerks of the Crown Office in Chancery, so (to prevent misapplications) it is fit to shew the Imployments also of the Clerk of the Crown Office in the King's Bench, who is no constant attendant in this House or in the House of Commons, but only upon con∣tingencies, and then by Order; but more especially in the Lords House, for produ∣cing, reading, and managing Records con∣cerning VVrits of Error, Habeas Corpus, &c.

(of which I shall speak in order) but his most eminent Imployment is upon the Tryal of Peers, as will be shewn.

Of the 26. Clerks before mention'd, (who still retain that Title) these five which I have named are the chief which are imployed in Parliamentary Matters; but of the other 21. (which may be seen in Lambert, Fitz Herbert, &c.) neither the six Clerks in Chancery, (being Officers of Eminency imployed in that Court bearing that Title, nor are the other Clerks (which are imployed also in that Court) in the least (as I know of) ingag'd in the Fa∣brick of Parliaments. Note that those five Clerks (whom I first mention'd) have pla∣ces allotted them within the Bar of either House, as I said.

And now I must speak of other Atten∣dants of another nature, viz. the Gentleman Usher of the Black Rod, and the Serjeant at Arms.

CHAP. XVIII. Of the Gentleman Ʋsher of the Black Rod.

THere are but three ways by which the House of Lords do send any Message to the Commons, of two of them I have spoken, viz. by some of the Judges, or by some of the Masters of Chancery,

and the King also uses two ways, viz. by his Secretaries, or some of the Privy-Council, (when they are Members of the House of Commons) both upon ordinary and extraordinary occasions, or for attend∣ing his Person upon Addresses, &c. But when he hath occasion to Command the House of Commons to attend him in the House of Lords, he only sends this Officer, the manner of which Ceremony I shall shew in order.

He is call'd the Black Rod, from the Black Staff or Rod (about three foot long tipt with Silver, and guilt with the Kings Arms at one end, and a Lyon Couchant at the other end, and a guilt Knob in the middle) which he carries in his hand; he is always a Person of Quality, and born the Kings Subject; and if not a Knight, is made one upon admission to this Office, and hath his Office by Patent; the first Grant of it beginning in Hen. the 8. time.

1. Before the Sitting of Parliament, he observes the Lord Chamberlains directions, in taking care that the House be fitted with all things for the Reception of the King, and those who are to sit there.

2. His Imployment also is to introduce Lords into that House.

3. And after that House is Sat, he hath Imployments concerning the Commitment of Delinquents, &c.

4. He hath a Seat allowed him, but with∣out the Bar; and to ease him more in these and many other Imployments, he hath an Usher to assist him, call'd the Yeoman Usher, also Door Keeper, &c. as will be shewn.

And so I am come to the last Attendant Officer of Note in that House, viz. the Kings Serjeant at Arms.

CHAP. XIX. Of the Kings Serjeant at Arms, Attendant in the House of Lords.

I Have spoken of the Servientes ad legem or Serjeants at Law; Now I come to the Servientes ad arma, Serjeants at Arms; these were such as amongst the Romans were call'd Satellites Caesaris, or a Guard to the Emperor, and sometimes they were call'd Macerones, (from whence probably the word Mace might be us'd) which these Serjeant at Arms use to carry before the King, &c.

Of these Serjeants at Arms (for I meddle not with the lower degree in Corporations, sometimes call'd Serjeants of the Mace, or only Serjeants) there are twenty in number, which are call'd the Kings Serjeants at Arms, and these are Created with great Ceremony; for the Person who is to be Created kneeling before the King, the King

himself lays the Mace on the Serjeants Right Shoulder, and says these words, Rise up Serjeant at Arms, and Esquire for ever: He hath his Patent for the Office besides; (of which and of the particulars of his Imployments, Segar in his Book of Nobi∣lity gives a full account) but of these twenty the King appropriates sixteen to his Personal Service, whereof four wait on him every Quarter; the other four are thus distributed, viz. in time of Parliament one is to attend the Speaker of the House of Lords, in case he is not Lord Chancellor, another to attend the Speaker of the House of Commons; one other to attend the Lord Chancellor, and another the Lord Trea∣surer, as well in as out of Parliament.

But in respect the Lord Chancellor and Speaker of the Lords House is usually the same Person, there were but three of the twenty us'd in this time of Parliament, and but two out of Parliament, so as the other one or two are reserv'd for accidental oc∣casions.

The Serjeant at Arms who attends the House of Lords hath the privilege of car∣rying the Mace before the Speaker (whe∣ther he be the Lord Chancellor or not) within the Lords House up to the very Chair of State, and after he hath made his Obeysances, he lays it down on the first

Woolsack by the Speaker, and so departs till the Speaker hath occasion to use him again upon the Rising of the House.

And herein methinks the Serjeant at Arms of the House of Commons hath more respect afforded him than the Serjeant at Arms to the House of Lords; for the Com∣mons Serjeant hath the freedom to stand at the Bar, and hear all Debates, and when weary of standing, hath an easie seat by the door; but the Lords Serjeant is not permit∣ted to be in the Lords House whilst it is Sitting, nor hath any Station within the Bar, nor Seat without the Bar, as the Gentle∣man Usher hath: and yet this Office is more ancient than that, and is not only Serjeant at Arms to the Speaker, and Chancellor (the Parliament not sitting) but is the chief of the twenty of the Kings Serjeants at Arms; he hath his Duputy, so as if there should be occasion of two, viz. for a Speaker and Chancellor, he may supply one, and his Deputy the other; and besides his Deputy he hath also other Agents under him, and hath use for them; For upon Commitments of Delinquents without door, he is to see them forth coming, and in bringing them to the Bar; but upon con∣smements or Commitment of any Member within doors, that peculiarly belongs to the Gentleman of the Black Rod.

So as these 2 Officers set the first wheel of a Parliament in motion; for the Serjeant at Arms conducts the Chancellor or Speaker into the House of Lords, the King sends the Black Rod to the Commons to bring up their Speaker, who being con∣firm'd by the King, goes to his Chair in the Commons, usher'd with the other Ser∣jeants at Arms, and so when each Speaker retires from each House, each Serjeant is to each a Conducter.

A Corollary to this First Part.

I Have now shewn the General Warrants for Summoning a Parliament, and the particular Writs and Patents impowring those who are to sit in the Lords House; as also the Act of Prece∣dency to prevent Disorders of Places when they meet there, and given a touch of Proxies, and of the words Lords and Peers, and of other Acci∣dental Writs, and of the Returns of their Writs, and of some who sit there without Writs or Pa∣tents, and of others who are imployed there meerly by vertue of Patents. And of all these I have made some Discourses, as well to revive the notions of those who need no other information, as to inform others who have little knowledge there∣in, but what they gain from the short Memo∣rials of Writers, or from the imperfect Discourses which they glean from such as know some things in part, but have not the true Concatenation of the Grandeur of a Parliament.

These discourses (and those intended) will (I hope) contain the whole System of this Constitution. This part hath ap∣plied it self wholly to the Offices, Degrees and Qualities pertinent to the House of Lords in general; but as to the particular Persons owning those Offices, Degrees, and Qualities; I reserve them for the Subse∣quent Parts of this Treatise; that is after I have discours'd of the seven remaining Exemplar Writs in the Pawn, which par∣ticularly concerns the House of Commons.

Viz.

• To Cornwall.
• To Cambridge,
• To London,
• To Dover,
• To Lancaster,
• To Chester,
• To Carnarvan in Wales.

And also shewn the Writs or Precepts derivative of those seven Exemplars, and the manner of Elections and Returns of Writs and Precepts, the Discourse of which will comprehend all the County Shires, Cities and Burroughs; (which have po∣wer of Electing Members for Parliaments) I shall then shew you the Places adapted for both Houses to meet in; as also of the Members Summon'd and imployed in both Houses in this Parliament.

After these I shall speak of such Ceremo∣nies as are us'd before any Members be ad∣mitted into either Houses; and when they are fixt in both Houses, I shall give an ac∣count of the most material passages, as to the renewing of Writs for supply of Mem∣bers, and other distinct Operations consi∣dered as an House of Lords, or an House of Commons, and in their joynt Operations as Lords and Commons Assembled in Parlia∣ment, and then of their compleat Opera∣tions as an intire Parliament, consifting of the King and the three Estates, viz. the Lords Spiritual the Lords Tem∣poral, and the Commons; and this is more particularly evident, when by pas∣sing of Acts, the King confirms what those three Estates do joyntly Operate. And so I conclude with the Kings power of Summoning, Adjourning, Proroguing and and Dissolving of this and all other Parlia∣ments, and what is to be done with Re∣cords, Laws, &c. after Dissolution of any Parliament.

And because I could not well reduce the copious matters of so large a Subject into my Discourses, or observations, I shall hereafter add some Annotations, as Explanitories and Enlargements to many things which are necessary or convenient to be enlarged or explained.

Notes

• * 2.1

  Teste Rege.
• * 2.2

  Consimile.
• * 2.3

  Consimi∣lia.
• * 2.4

  Dukes Three.
• * 2.5

  Marquesses Four.
• * 2.6

  Earls Fif∣ty five.
• * 2.7

  Viscounts Eight.
• * 2.8

  Barons Chevaliers Sixty eight.
• * 15.1

  Obs. I.
• * 15.2

  Obs. I.
• * 15.3

  Obs. I.
• * 15.4

  Obs. I.
• * 15.5

  Obs. I.
• * 15.6

  Obs. I.
• * 15.7

  Prideaux Introduct. to Hist.
• * 15.8

  Selden. Speed's Acts.
• * 15.9

  Obs. I.
• * 15.10

  Selden.
• * 15.11

  Heylin's Cosm.
• * 15.12

  Obs. I.
• * 15.13

  Sir Willi∣am Dug∣dale.
• * 15.14

  Exemplar. 15 Edw. 2.
• * 15.15

  3 Edw. 3.
• * 15.16

  4 Edw. 3.
• * 15.17

  14 Edw. 3.
• * 15.18

  37 Edw. 3.
• * 15.19

  Exemplar.
• * 15.20

  50 Edw. 3.
• * 15.21

  10 Ric. 2.
• * 15.22

  11 Ric. 2.
• * 15.23

  1 Hen. 4.
• * 15.24

  Exemplar.
• * 15.25

  1 Hen. 5.
• * 15.26

  8 Hen. 5.
• * 15.27

  2 Hen. 6.
• * 15.28

  27 Hen. 6.
• * 15.29

  7 Edw. 4.
• * 15.30

  22 Edw. 4.
• * 15.31

  Exemplar.
• * 15.32

  21 Jacob.
• * 15.33

  15 Car. 1.
• * 15.34

  13 Car. 2.
• * 15.35

  H. 3.
• * 15.36

  Ed. 1.
• * 15.37

  Edw. 2.
• * 15.38

  Edw. 3.
• * 15.39

  Rich. 2.
• * 15.40

  H. 4.
• * 15.41

  H. 5.
• * 15.42

  H. 6.
• * 15.43

  Ed. 4. R. 3. H. 7.
• * 15.44

  H. 8.
• * 15.45

  Anno 12.
• * 15.46

  Anno 21, 22, 23.
• * 15.47

  Anno 24.
• * 15.48

  Anno 25.
• * 15.49

  Anno 26.
• * 15.50

  Anno 27.
• * 15.51

  Anno 31.
• * 15.52

  Ed. 6.
• * 15.53

  Mary.
• * 15.54

  Eliz.
• * 15.55

  17. Car. 1.
• * 15.56

  Gussarus.
• * 17.1

  8. R. 2.
• * 17.2

  Sect. 1.
• * 18.1

  5. H. 2.
• * 18.2

  Selden 1. H. p. 539.
• * 19.1

  Sect. 6.11. Ed. 3.
• * 19.2

  11. R. 2.
• * 20.1

  Sect. 11.17. Ed. 3.
• * 21.1

  Sect. 12.13. R. 2.
• * 28.1

  SECT. 17
• * 29.1

  SECT. 18
• * 30.1

  SECT. 19
• * 30.2

  Signet.
• * 30.3

  Secretario.
• * 30.4

  Uni.
• * 30.5

  Alteri.
• * 30.6

  Princi∣pali.
• * 30.7

  Primario.
• * 30.8

  Lord Veru∣lam.