tells us That about this time the Abbots 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 needless for one or two to oppose his Power However H. 4. 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 Benefices Also Henry the Fifth H. 5. Anno 5. cap. 4. made Acts against Provisors from the Pope and all these subject to a Praemunire In Henry the Sixth's time H. 6. 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 Councils 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 Collation or Induction be made to any Alien of any Benefice or Ecclesiastick Dignity That Aliens attending the Queen or King be removed and banished except those allowed by the Council That Aliens should lodge only in Englishmens 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 Ed. 4. R. 3. H. 7. Richard the Third and Henry the Seventh's time there was a Calm to that See none of the Laws repealed but so slenderly used that they made no great impression at Rome and though these and former Kings did strive to make their respective Supremacies in Ecclesiastick Matters within their Dominions and to lessen the Pope's Power and Profit yet none could substantially effect 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 H. 8. that he did first ingratiate himself 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 Defensor Fidei Anno 12. which he accepted and for three years Anno 21 22 23. 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 Opinion Anno 24. 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 Anno 25. and the next year Anno 25. That no First Fruits should be paid as formerly out of this Kingdom to Rome And in another Act That not any Imposition should be laid on his Subjects by colour of any Power from the Pope and then to secure himself and rivet his Subjects to him an Act was made declaring his Title and his Successor's to the Crown That being done an Act of Parliament was made Anno 26. to intitle him Supream Head of the Church of England and in the same year a positive Act Anno 26. 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 Archbishops Bishops Anno 27. 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 Anno 31. 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 Bishops twenty four Abbots and two Priors in all forty six and but forty four Temporal 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 Parliament so as doubtless they lost their Interest more by the King's resolution for expunging them than by Vote of Parliament 9. However the Abbots Priors c. being thus dissolved their Baronies by which they did formerly there sit being disposed of to other persons they had no foundation to sit in the Lords House which caus'd the first great Alteration in the Method 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 Peterborough Bristol Oxford and Westminster 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 Parliament and the Kingdom it self on his side and even the Nobility and Gentry of England 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
assisting Interests to those three Estates The rest is divided into twenty Chapters with several Sections and Observations in them as followes CHAP. I. SECT I. The form of the Kings Warrant for Summoning this Parliament SECT II. Observations on the Names and Progresses of the Names of our English Kings more Especially and Prophetically of the Names of Carolus or Charles as also of variations of the words in the Titles of several Kings of England fixt in this Warrant SECT III. Observations and proceedings on this Warrant shewing the Kings Prerogative in Summoning Parliaments Of the difference between Warrants and Writs in signing and Sealing in Generals and particulars The variation of the form of Warrants Advised by the Kings Privy Council How that Council differs from the Great Council of Parliament The Warrant is first issued to the Lord Chancellor or Lord Keeper The Lord Chancellors Warrant to the Clerks of the Pettybag Of the first Digest of Writs kept there called the Parliament Pawn How these Pawns were Anciently us'd CHAP. II. A Transcript of the Pawn for this Parliament began the Eight of May 1661. Divided into twelve Paragraphs whereof the five first concern only the House of Lords the seven other the House of Commons Observations on this Pawn The reasons of placing figures on the Margent of the Pawn The Reason of the different Dates of Writs in the Pawn Why some of the Writs are abbreviated in the Pawn Of General Writs viz. Original and Judicial and of Parlimentary Writs viz. Brevia Clausa Patentia Exemplars and Consimilars The difference of the Lords Writs and Commons Writs The agreement of Writs in the Pawn Derivative Writs not in the Pawn are Equivalent to those in the Pawn Of Exemplar and Consimilar Writs viz. both in the Lords and Commons Houses The method propos'd for treating of these Writs CHAP. III. Of the Act of Precedencies divided into observations That the Act of Precedency is concern'd in the Lords House only The nature of the Act The Title of the High Court of Parliament used in that Act The Siting and calling over the Lords different from the method in the Act Why some Titles are named in the 4th Paragraph of the Act omitted in the 8th Of the Woolsacks in the Lords House Of the four degrees of State Officers which are placed by this Act. How the Pawn and Acts do disagree therein Of such as sit in the Lords House yet not mentioned in the Act but in the Pawn Of former Proceedings in the House of Lords omitted in this Act. CHAP. IV. Of the Degrees concern'd in the Act of Precedency SECT I. Of the Kings Privy Councellors Of the word Council apply'd to individual Persons and to an Assembly Of the Kings Privy Council Of several other of the Kings Councils Of the Kings Great Council or Parliament Of the Number and Quality of the Persons constituting the Privy Council Of the Antiquity of Councils Of the Nature and condition of Councellors in our Councils Elected for merit Of lesser Councils and Parliaments in this Kingdom Of the Privy Council and Parliament how sometimes mixt SECT II. Of the Princes of the Blood Of the seven degrees of the Blood Royal whose places are appointed by the Act of Precedency That any of the seven are Prior to all other degrees of Nobility That in their absence the Arch-Bishop hath precedence SECT III. Of the Kings Vicegerent Declaring the Kings Supremacy in the Church of England The great power granted to the Vicegerent in Church affairs None made since the 31 of H. the 8th but supply'd by Bishops SECT IV. Of Bishops The Antiquity of Bishops The meaning of the Word Of their Jurisdictions Of the Convocation Houses where they sit as Bishops and in Parliament upon a Baronial account How plac'd Call'd Lords Spiritual Anciently they did manage the Chief Offices of the Kingdom Of their Priviledge in the Lords House SECT V. Of the Lord Chancellor or Lord Keeper Referred to Chap. the 8th SECT VI. Of the Lord Treasurer Referred to Chap. the 9th SECT VII Of the Lord President of the Kings Council Of it's Antiquity Discontinuance and Supply Of other Lords Presidents SECT VIII Of the Lord Privy Seal It 's Antiquity and several Titles How granted Considered as Master of Requests Of his Seals and other Seals Of his Clerks concern'd in the Summons of Parliaments Of his Antiquity in Sitting in the Lords House Formerly supply'd by Ecclesiasticks now by Temporal Lords These three last mention'd Great Officers are thus Plac'd whether they be Nobles or not SECT IX Of the Lord Great Chamberlain Rais'd by Merit Had lands given to hold in Grand Sergiantry consisting of great Immunities The Antiquity of the Title Confer'd on some Noble Person whereby he sat in Parliament Made Hereditary his Employments in Accommadations for Parliaments SECT X. Of the High Constable His Antiquity since the 12 of Hen. 8. granted but pro hac vice at Coronations c. Their Power formidable to former Kings Devolv'd into Lord Marshal Of other Constables of lesser Qualities but still of gaeat use Of such of the Higher sort as were formerly Summoned to Parliaments SECT XI Of the Earl Marshal Of his Power and Jurisdiction Of the Original of the Title Of the Courts and Offices under him especially the Court of Chivalry and Heraulds A description of them Of their Employments relating to Parliaments Of the Earl Marshals Summons to Parliaments and how it became Hereditary SECT XII Of the Lord Admiral of England How the Title sprung Of his Power and Jurisdiction guided by the Civil Laws not repugnant to the Common Always plac'd in the hands of some of the Chief of the Nobility Had antiently their Sumons to Parliaments and so continue SECT XIII Of the Lord Steward Of the Orthography of the Name and Antiquity of the Office Of several Offices under that Title and particularly of the Title of this Office and of his Antient and Present Summons to Parliaments and of his Vses there SECT XIV Of the Lord Chamberlain of the Kings House Of his Authority and usefulness before in Parliaments Of Antient Presidents of Summoning him to Parliaments SECT XV. Of the Principal Secretary of State When the Act of Precedency was made he was the 12th Officer of State a Number of Esteeme the difference of his Writ when his Summons are single without annexing some Noble Degree to it CHAP. V. SECT I. Of the Decrees of Nobles From whence the word Nobility is derived Divided into Majores and Minores The Majores into 5 degrees the Minores into three the Majores makes the Lords House the Minores the Commons House SECT II. Of Dukes Duke from the Latin word Duco Dux Antiently Earls were Prior to Dukes in England How Dukes got the Priority Of the several Titles attributed to Dukes Duke and Earl promiscuously us'd And of the name Grace apply'd to Dukes in England Dukes were in England before they were formally Created The time
to amuse the World about Grebners Prophecy viz. that Carolus E stirpe Caroli Erit Carolo Magno Major but none can pretend to a greater interest in that Prophecy then our present King Charles the 2d being so punctually and Signally ex stirpe Caroli How ever I am sure nothing can be more particularly Prognostical and Applycable to any Regal Charles then this following Anagram to him being made when he was born Prince of Wales which I have ever since kept safe by me CHARLES PRINCE OF WALES Anagram AL FRAVNCE CRIES O HELP VS As to the uses which shall be made on these regal Names their Progresses and Anagrams being not the proper Subject of this place I shall refer them to my Annotations and proceed to Observations on the Warrant of another Nature THE INTRODUCTION Shewing how a Parliament CONSISTS Section I WHen Families increast into Villages Towns Cities large Countreys Kingdoms and Empires under one Father or Conductor for all other Governments are collateral to Paternal and Monarchical there was a necessity to Constitute a Supream Council of the chiefest and wisest men selected from the multitude as might keep such extended Dominions in a perfect Unity and Obedience to their Original Father or Monarch The end of this Constitution was both for Conservation of the Original Family or Potentate who did thus Constitute them or for his own ease in managing the common interest of Safety and Plenty That their proceedings in their Councils might have the more solemn Effects and Veneration several Nations in imitation have since given distinct names to their Supream Council erected as distinctions to those which were more Subordinate Thus the Jews from whom we derive our most credible Memoires of Antiquity had their Supream Council called the Sanhedrim consisting of secular Persons viz. One Prince as their chief Head besides Seventy others of mixt natures they had also another great Council altogether Ecclesiastical called a Synagogue and other lesser in the nature of our Convocations and sometimes all did meet at the great Sanhedrim which was only kept in Jerusalem and this was the Supream Council as may be seen in the 26th ch of Jeremiah v. 8. who was condemned by the Ecclesiastical Consistory of Priests and absolved by the Temporal or great Sanhedrim of Princes or chief Council as may be more fully seen in that Chapter and in the Jew's Antiquities And to pass the Ariopagus among the Athenians we read that the Old Romans also had their Great Council called a Senate consisting of 300. Laicks chosen out of the Nobiles Majores Minores and their Consistoriani where their Senate did sit and their Comites and Consistoriani as Members thereof did somewhat resemble the Constitution of a Parliament they had also a Pontifical Colledge consisting of Ecclesiasticks but the name of Senate at Rome hath been long since drown'd since the fall of that old Roman Empire for at Rome the name of Senate is now altered into that of Consistory and in the vacancy of the Pope or See of new Rome it is called a Conclave and now the Empire of Germany which did arise from the ashes of the old Roman Empire being shiver'd into several Proprietors lest it should grow again too great was brought to a Dyet for so the chief Council of that Empire is called Yet the old State of Venice still keeps the name of Senate for her great Council and the chief Council in France is called an Assembly of States But here in England we have the name of our chief Council from Romans Saxons Normans and lastly from the French for it hath been called by those Senatus Curia altissima Michel Synoth Assisa Generalis and many more names some of which I think fit to render in English viz. Senate the great Synod or meeting of the King and of the Wise-men the highest Judicatory the General Pleas the Great Court the Common Council of the Kingdom and the General Assize At last in the time of Henry the Third or Edward the Second all these Names were reduced to the word Parliament which was then borrowed from the Language and Name of the chief Councils in France in many of which Provinces and Parliaments our Kings had then a considerable interest I do here mention that the Original of this Name did begin with us in Henry the Third or Edward the Second's time but Sir Edward Coke in his Institutes is pleas'd to cite one Precedent before the Conquest When saith he the word Parliament was here us'd but it seems it did not continue a fix'd name of Parliament from thence for at the great Council held by Henry the First at Salisbury consisting of the three Estates viz. Lords Spiritual Lords Temporal and Commons it is called by the Name of Council and not Parliament as some other Writers have mistaken However it was not us'd again till once in Henry the Third's time as some say but we are certain that it was us'd in the 15th of Edward the Second as I shall shew from safe Records and after Edward the Third was Crowned King of France then and ever since this great Council of the whole Kingdom hath without variation gone by the Name of Parliament And though as that learned Institutor observes That the French Parliaments were lesser Courts subject to the Assembly of Estates yet that Assembly of Estates was but originally a grand Parliament constituted of those lesser Estates or Parliaments and those did anciently consist of Lords Temporal Commons and Clergy for in that rank they are cited by Comines Comines p. 226. an approved Author However since the 15th of Edward the Second we have not altered its name only a little in Orthography which hath made work for that learned Institutor and other grave Writers on this Subject about its Etymology so by Example of those Worthies I may venture to cull out one intending to speak of the rest in my Annotations viz. Parliament i. e. a Parly of minds and to this Etymology I may add this definition That our Parliament consists of a certain number of Men of certain Degrees and Qualities Summoned by Writs from the King to meet together in some place appointed by those Writs to parly or confer their minds to each other for the good of the Publick This Definition will be more fully proved in this following Treatise yet before I confirm it at large I think fit to give a brief and intelligible Explanation of it in relation to a Parliament here in England To that end I shall first set down the Nature of our Monarchical Government and then we shall more easily understand the Constitution of our Parliaments It is generally held That the frame of this Monarchy consists of a King and of three Estates subordinate to him The first Estate mentioned in all our Acts of Parliament is Spiritual and Ecclesiastical govern'd by the Lords Spiritual and this Estate hath Jurisdiction over the whole Kingdom not only considering
Privy Seal the Great Chamberlain the Constable the Marshal the Lord Admiral the Grand Master or Lord Steward the Kings Chamberlain 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 Enacted 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 Commons 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 including 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 omitted 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 mention'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 Temporal 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 therein 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-Gerent 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 seventh 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 extend 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 Assistance 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 relation to each other of whom I shall speak more particularly in the Thirteenth Chapter 7. This Act was made upon the dissolution of the Abbots and Priors and that there might be no more room for them in the House of Lords whereas the two preceeding 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 venture 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 restor'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 Digest of Writs of Summons in general 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 Degrees 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 actually 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 particularize 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 busied in Drawing Writing and Ingrossing the Writs and carrying them to be Seal'd and then disposing them to the several persons 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 intended for the reviving of the memory of some and improving the knowledge 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 Precedency And first of the King's Counsellors SECT II. Of the Kings Privy-Counsellor AS to the Original of this Officer and of the reason
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 followed 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 many 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 Parliaments which relate only to matters of Law and Government of their Societies and Councils of War and Trade and many 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 Conciliario 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 Summon'd only upon Emergencies of State which latter being thus Constituted it may well be call'd Magnum Concilium Animarum or a Council of Souls rather than Bodies so as the King may say with Cicero Conscientia conciliorum meorum me Consolatur i. e. The knowledge and Conscientious concurrence of minds or Souls for so Conscientia sometimes siguifies and integrity 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 t is 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 Commons House yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland The Duke of Laderdale being a Scotch Lord was not Summon'd till he was made Earl of Gilford some years after The Duke of Ormond was Summon'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 Somersetshire and soon after made Lord Fitz Harding an Irish Title and so continued in the House of Commons to his death Sir George Cartret Knt. and Bar. was chosen 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 Degreees 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 Obs I. having power to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom especially to his Council or Parliament gives the Priority of all Places and Precedings to these following 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 following Degrees which comprehend all the Lords Temporal and these as they happen to be more or less have their distinct 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 Minority 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 Degree 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 Okham 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 Ecclesiastical Jurisdiction and for the Godly Reformation of all Errors Heresies and Abuses in the said Church so as he injoy'd Dignities and Offices of a mixt nature 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 respect 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 Parliament 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 needless 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 however it became more general after Christianity spread it self The word comes from the
Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. one who is in Doctrinam mores sacros 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 having a certain number of Bishops and their Diocesses reduced to his Province or Care so that the Arch-Bishop of Canterbury with his own Diocess hath twenty two Diocesses 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 Bishop of Man who hath no Writ of Summons Anciently these Arch-Bishops and Bishops with Abbots Priors Deans 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 summon'd to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parliament and those two Convocation-houses are seldom Adjourn'd Prorogu'd or Dissolv'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 These Arch-Bishops and Bishops considering them upon a Baronial account distinct from the Convocations are entred in all Clause Rolls and Pawns next the Blood Royal except when there was a casual interposition as this last of Vice-gerent and their places distinctly set down as in this Act viz. the Arch-Bishop of Canterbury then the Arch-Bishop of York and the other according to Seniority or Antientry as the word of the Act is till the Bishops of London Durham and Winchester were as by this Act fix'd in their Precedencies to the other twenty one and yet there is another method of Precedencies us'd in the Lords House and in all Solemnities by way of counterchanging of Precedencies between the Lords Spiritual and Temporal as will be shewn These twenty six injoy their Offices of Bishops upon a Spiritual and Ecclesiastical account and therefore are call'd Lords Spiritual their Ecclesiastical serving in ordine ad piritualia 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 chiefest 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 Spiritualities and Temporalities In the Lords House they have almost equal Prividledges with the Lords Temporal except in matters of Blood when in respect of their Canons they commonly withdraw 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 Convocation-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 recited in this Act but having a peculiar Writ of Assistance in this and other Pawns which the next Ten Officers following 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 remaining 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 intended to be discours'd of in the fourth Exemplar and in the fifth Section of the Barons of the Exchequer I shall defer its inlargement 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 Capitalis 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 Parliament 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 't is very probable that this Office was in imitation of that which was us'd by the Romans the Officer whereof was call'd Comes privatorum and as Cassiodore calls him the Governour 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 applications 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 Parliament as Tryers of Petitions to either House and were to judge whether the matter was proper for either House or any other 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
was commonly taken for the Master of the Horse to the Emperour and is a Place still of great Honour in most parts of Europe but I conceive he was rather call'd Comes stabuli as an Officer or Office of refuge for so stabulum also signifies However for many Ages this Office was held in Grand Sergeanty by those persons hereafter nam'd but in 12 H. 8. it became forfeited to the Crown and since that never granted to any Subject but pro hac vice at some Solemnities as at the Coronation of King Charles the Second in April 1661 a little before this Parliament Algernoone Piercy Earl of Nortbumberland was made High Constable of England 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 Parliament his place might be known without 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 Marshal of whom I shall speak next however 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 constant 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 Northumberland 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 Angliae 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 Parliament SECT XII Of the Earle Marshal of England THis great Officer hath not so great a Latitude of power as the Constable of England had yet he hath under his Jurisdiction the Care of the Common 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 't is 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 Officer 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 against 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 Colledge where when doubts arise concerning Descents Pedegrees Escuchteons c. he determins them this was Incorporated by Ric. the 3d. and many priveledges 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 paceque 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 Pedegrees and Descents of Nobility and Gentry the first is call'd Garter Rex Armorum Principalis chief King at Arms and is also 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 Garter not consin'd 6. Besides these there are 6 more properly 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. Richmond 5. Chester 6. Windlesour 7. And there are also 4 Under Graduats call'd Pursevants or such who with readiness do pursue the Commands of their Superior Officers properly in Marshal Causes and therefore call'd Pursevants at Arms to distinguish them from other Pursevants 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 Marshals have for many ages sat in Parliaments 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 Mowbray 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 provided 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 Lunatick the Dukedom of Norfolk was restor'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 succeeded 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 inpossibility 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 Civil 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 exceptions 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 Admiralty by such Rules of the Civil Law as do not invade the Common Laws of England 3. And of these Civil Laws which concern Sea assairs there are two most eminent 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 Rhodian 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 Royal 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 Marshal of England for both of their concerns 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 other Lords are to the Professors of the Common 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 conferr'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 Arundel in 13 Edw. 3. and the Earl of Northumberland in 7 R. 2. the Earl of Devon and Marquess of Dorset in the same Kings time and so the Earls of Salisbury Shrewsbury 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 extant 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 Effingham 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 Parliament 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 Obs I. I shall refer them to my Annotations However as it is sometimes writ with a T and sometimes 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 superintendence 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 further 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 England 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 Stewards 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 Parliaments is obliged to attend the Kings
Person to adjust their Parliamentary expences 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 directed 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 mentioned is called Magnus Camerarius Obs I. 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 intire command and even in some things which concern the conveniency of a Parliament and its places of Addresses to the King that the furniture of the Rooms may be sutable to the Majesty and Grandure 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 many 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 observable 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 continues 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 Parliament 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 Chamberlain of the Kings Houshold was Summon'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 Obs I. 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 Constituting a Jury and much more of the efficacy of that number cited by the Learned Institutor and Petrus Bongus de Sacris Numeris and this number is thus used by us as t is thought in veneration either to the 12 Tribes of the Jews or 12 Tables Sacred among the Old Romans or to to the 12 Apostles of the Christian Religion 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 Precedency 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 Parliament 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 Nobiles or Persons indu'd with great knowledge than other men and so conceive it may admit 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 Nobility do extend which is partly resolv'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 Majores he calls the fixt Hereditary Nobles diversifide 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 capacitated 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
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 appointing another to begin in April 1660. So the 29th of May 1660. he came successfully from beyond Seas to confirm it and this Parliament lasted till December following in which time as Preparatories to the Bishops Introduction provisions 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 satisfaction 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 Declaration before mention'd concerning Ecclesiastical Affairs and after these Preparatories 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 following to Summon another Parliament of the Lords Temporal and Commons to begin the Eighth of May 1661. before which time his Coronation was Solemniz'd viz. the Twenty third of April 1661. yet before the Ceremony was perform'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 thereupon 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 Twenty 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 continued so to do during this Parliament and notwithstanding this long deprivation wherein the King himself the Temporal Lords and the chief of the Commons were Sharers they may be said to be in the House of Lords upon an Interest 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 Excluso Clero and so next I shall shew the Exemplar 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 Cantuariensi totius Angliae Primat ' Metropolitano Salutem Quia de Advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii praeterito teneri ordinavimus ibidem nobiscum cum caeteris Praelat ' Magnatibus proceribus dicti Regni nostri Colloquium habere tractare Vobis in fide dilectione quibus nobis tenemini rogando Mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus Cessante excusatione quacunq ' dictis die loco personalit ' intersitis nobiscum ac cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque Concilium impensur ' hoc sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedict ' Expeditionemque dictorum negotiorum diligetis nullatenus omittatis Praemontes Decanum Capitulum Ecclesiae vestrae Cantuariae ac Archidiaconos totumque Clerum vestrae Diocesis quod idem Decan ' Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemq ' Clerum per duos procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulis Clero divisim habentes praedictis die loco personaliter interfuerint ad consentiendum hiis quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari Teste meipso apud Westm ' vicesimo nono Augusti Anno Regni nostri 13. Annoque Dom. 1661. SECT XXI Consimilia Brevia dirigenda TO the Archbishop of York Reverendissimo Accepted Archiepiscopo Eborum Angliae Primati leaving out Totius before Angliae as in the former To each of the other Bishops Reverendo c. as they are entred in the Memorials 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 Bishops 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 Temporal 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 Bishops from Edward the Seconds time and before to the 13. of Car. Secundi inclusive were directed to the Archbishop of Canterbury as the Exemplar Writ in respect of his Dignity except where any Cardinal was
either Houses and when they are fixt in both Houses I shall give an account of the most material passages as to the renewing of Writs for supply of Members and other distinct Operations considered as an House of Lords or an House of Commons and in their joynt Operations as Lords and Commons Assembled in Parliament and then of their compleat Operations as an intire Parliament consifting of the King and the three Estates viz. the Lords Spiritual the Lords Temporal and the Commons and this is more particularly evident when by passing 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 Parliaments and what is to be done with Records 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 AN APPENDIX Being A Diary of the several Sessions of the publick Adjournments Prorogations and Proclamations relating to the Parliament which was Summon'd the 18th of Feb. 1660 1 and Disloved the 24th of Jan. 1668 9. THE Kings Warrant and Writs of Summons for that Parliament were dated the 18th of Feb. 13 Car. 2d 1660. Proclamation contain'd in those Writs 1660. to meet att Westminster the 8th of May following Session the 8th of May 13 Car. 2d 1661 at Westminster continued to the 30th of July following Acts Publick 19. Private 21. 1661. Adjourn'd the 30th of July 13 Car. 2d 1661 to the 20th of November following Session the 20th of Novemb. 13 Car. 2d 1661 continued to the 19th of May 14 Car. 2d 1662. Acts Publick 33 Private 39. Prorogu'd the 19th of May 14 Car. 2d 1662 to the 18th of Feb. 15 Car. 2d 1662 3. The King present Session the 18th of February 15 Car. 2d 1662 3. continued to the 27th July 15 Car. 2d 1663. Acts Publick 17 Private 19 Prorogu'd the 27th of July 15 Car. 2d 1663 to the 16th of March 16 Car 2d 1663 4. The King Present Session the 16th March 16 Car. 2d 1663 4. continued to the 17th of May 16 Car. 2d 1664. Acts Publick 8 Private 10 Prorogu'd the 17th of May 16 Car. 2d 1664 to the 20th of August following The King Present Prorogu'd the 20th of Aug. 16 Car. 2d 1664 to the 24th of Novemb. following By Commission Session the 24th of Novemb. 16 Car. 2d 1664 continued to the 2d of March 17 Car. 2d 1664 5. Acts Publick 12 Private 17 Prorogu'd the 2d of March 17 Car. 2d 1664 5. to the 21st of June 17 Car. 2d 1665. The King Present Proclamation dated the 24th of May 17 Car. 2d for the further Proroguing the Parliament from the 21st of June to a day that shall be fixt at the actual Prorogation thereof Accordingly Prorogu'd the 21st of June 17 Car. 2d 1665 to the 1st of August following By Commission Proclamation dated the 9th of July 17 Car. 2d 1665 for further Proroguing the Parliament from the 1st of Aug. to the 3d. of Octob. following Accordingly Prorogu'd the 1st of Aug. 17 Car. 2d 1665 to the 3d. of October following By Commission Proclamation dated the 10th of August 17 Car. 2d 1665 appointing the meeting of the Parliament at Oxford in respect the Plague was then at London Accordingly Prorogu'd the 3d. of Octob. 17 Car. 2d 1665. at Oxford to the 9th of the same month and place By Commission Session at Oxford the 9th of Octob. 17 Car 2d 1665 continued to the 21st of the same month Acts Publick 9 Private 1 Prorogu'd the 31st of Octob. 17 Car. 2d 1665 to meet at Westminster the 20th of Feb. 18 Car. 2d 1665 6. The King Present Prorogu'd the 20th of Feb. 18 Car. 2d 1661 at Westminster to the 23d of April 1666. Proclamation dated the 23d of April 18 Car. 2d 1666 for Proroguing the Parliament to the 18th Sep. following accordingly Prorogu'd the 23d of April 18 Car 2d 1666 to the 18 of Sep. following By Commission Session the 18th of Septemb. 18 Car. 2d 1666 continued to the 8th of Feb. following Acts Publick 5 Private 5 Prorogu'd the 8th of Feb. 19 Car 2d 1666 7. to the 10th of October 1667. The King Present Proclamation dated the 26th of June 19 Car. 2d 1667 to reassemble the Parliament back from the 10th of October to the 25th of July 19 Car. 2d 1667. Adjourn'd the 25th of July 19 Car. 2d 1667 to the 10th of October following Session the 10th of Oct. 19 Car. 2d continued to the 9th of May 20 Car. 2d 1668. Acts Publick 15 Private 24 Adjourn'd the 9th May 20 Car. 2d 1668 to the 11th of August following Proclamation dated the 3d. of July 20 Car. 2d 1668 for the Parliament to meet the 11th of Aug. and that they shall and may Adjourn to the 10th of Nov. following accordingly Adjourn'd the 11th of August 20 Car. 2d 1668. to the 10th of Nov. following Proclamation dated the 19th of Sept. 20 Car. 2d 1668. to meet the 10th of Nov. as many of both Houses as may Adjourn themselves to the 1st of March 21 Car. 2d 1668 9. Adjourn'd the 10th of Nov. 20 Car. 2d 1668. to the 1st of March 21 Car. 2d 1668 6. Proclamation dated the 18th Dec. 20 Car. 2d 1668. reciting that whereas the two Houses of Parliament had Adjourn'd by the Kings directions from the 10th of Nov. to the 1st of March the King Declares that he will Prorogue them on the said 1st of March to the 9th of October 21 Car. 2d 1669 accordingly Prorogu'd the 1st of March 21 Car. 2d 1668 9. to the 19th of October 21 Car. 2d 1669. Session the 19th of Oct. 21 Car. 2d 1669. continued to the 11th of December following In this Session no bill past the Royal assent Prorogu'd the 11th December 21 Car. 2d 1669 to the 14th February 22 Car. 2d 1669 10. By Commission Proclamation dated the 23d of Decem. 21 Car. 2d 1669 requiring the Members of both Houses to attend at the time prefixt at the last prorogation viz. the 14th Feb. 22 Car. 2d 1669 70. accordingly Session the 14th Feb. 22 Car. 2d 1669 70. continued to the 11th of April 22 Car. 2d 1670. Acts Publick 8 Private 16 Adjourn'd the 11th of April 22 Car. 2d to the 24th of October following Proclamation dated the 21st of April 22 Car. 2d 1670 requiring the Members of both Houses to attend the prefixt time viz. the 24th of October 22 Car. 2d 1670. Session the 24th Oct. 22 Car. 2d 1670 continued to the 22d April 23 Car. 2d 1671. Acts Publick 26 Private 30 Prorogu'd the 22d April 23 Car. 2d 1671 to the 16th of April 24 Car. 2d 1671. The King Present Proclamation dated the 27th Sept. 23 Car. 2d 1671 declaring the Kings resolution to Prorogue the Parliament
of Commons c. These Patent Writs have no other appellation than Literal or Letters Patents 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 consimilitude with their Exemplars the Exemplar being so made upon some extraordinary reason as will be shewn hereafter 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 Precepts 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 Convocation as will be shewn and though the main body of the Writs in those concerning 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 every Parliament partly by the new Creation of Barons partly in their Ascension from Barons to higher degrees and partly 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 differences between the Exemplar and Consimilary Writs in point of Titles as will be shewn 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 proceedings 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 All Writs at large recited in this and all former Pawns are the Exemplars of all other Writs of Summons for a Parliament which are not in the respective Pawns whereby these in this Pawn with the addition of the Bishops Exemplar 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 calling this Parliament were in all 262. Some of the 12 are Exemplars and other Writs have a consimilitude to them yet have no positive Consimilars appointed them whereof there are but three viz. One to the Lord Chancellor in the Lords House and to the two Palatines in the Commons 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 following method stated with their Consimilars 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 Chancellor 1  0 IV. To the Earl of South-hampton L. Treasurer 1 In this Parliament 3 Dukes 4 Marque 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 Exemplars and 73 Consimilars in all 80 Writs in both Houses 264 So many Exemplar and Consimilar Writs were issued to Constitute this Parliament An. 1661. in the Lords House to Countreys Shires and Comitated Cities and Towns in the Commons House whereof some years after its Sitting one Exemplar 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 Consimilars 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 Commons Now I shall proceed to the Act of Precedencies 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 Parliamentary 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 defect 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 being by Endorsment c. on the Records 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 before I speak of matters Sedente Parliamento 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 therefore 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 distinctly follow The
of its different Orthography Obs I. sometimes beginning the second Syllable with C. or S. and of its affinitry 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 Abilities 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 Council 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 't is 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 inserting 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 respect 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 Council distinct from other Councils where there are Presidents 2ly And from Parliaments where there are Speakers instead 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 T is 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-Council is the Supream standing Council out of which sometimes the King thinks fit to select some few for the more safe secret and easie dispatch of Affairs 6. Which by the Jews were called Cabala but by us properly Comitties However 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 Authority when it is in being and therefore anciently as I said call'd Magnum Publicum Concilium and this Privatum Concilium 7. This Great and publick Council consists 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 Council 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 pleasure But anciently it consisted only of 12. since that they have increased and varied and in the beginning of this Parliament 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 circumscrib'd and so in the Commons House as will be shewn for these anciently had not above 2. or 300. but this Parliament had in both Houses above 700. as will be shewn 9. This very name of Council and Counsellors 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 possibly 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 General 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 Tribunes consisting of 4 Governors and 30 years by Tribunes consisting of six Governors and 5 years under an Anarchy and 2 years wherein Tribunes had a Consulary power and then the Government again slid into Consuls so as deducting these 56 years they continued intire under 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 Monarchy he did not discard the Consulary 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 Empire 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 Consistory and Conclave the last being only new names for a Council 10. This is certain that Councils or Counsellors 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 Stories who had the Title of Consul conferr'd on him but those who either by their Wisdom had given such good Counsel as prov'd prosperous to the Empire or had done such eminent Services that from such Heroick actions the Emperors and Senators derived Arguments of their Abilities 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 merit by the estimation of Judgment Experience 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
esteem'd Nobles though they do not Sit in respect of the power given them by Patent to Sit without restrictions or ceremonial qualifications and therefore Sir Edward Coke saith that though the Creation by Writ be ancienter than by Patent yet the Creation by Patent is the surer way for that one may be sufficiently Created by Patent and made Noble though he never sit in Parliament and he gives this reason 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 Illustrations 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 Summons 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 Archbishops and Bishops 3. The form of Writs to the Lord Chancellor 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 Exemplar 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 Records 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 satisfied with what was delivered to us concerning the Parliament Writs in the Brittish Romans 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 difference 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 acquiesce 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 Dominus Hiberniae Dux Aquitaniae Edwardo Comiti Cestriae filio suo Charissimo Salutem Super diversis arduis negotiis nos statum Regni nostri specialiter 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 colloquium tractatum Vobis Mandamus in fide diléctione quibus nobis tenemini firmiter injungentes Dictis die loco omnibus aliis pretermissis personaliter intersitis ibidem nobiscum cum ceteris prelatis magnatibus proceribus supradictis negotiis tractatur ' vestrumque 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
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. Helvanus and Meduanus and with them a Letter which may be read at large wherein 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 Archbishops 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 Bishops and so other Princes in their Territories the Popes by degrees did take the power to themselves to make what Bishops they pleased to summon Councils make Decrees distribute them and enjoyned obedience 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 Heretick 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 increasing 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 before 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 Bonifaces filled up all the rest of the Bishopricks with such Foraigners or others as had a clear dependance on Rome by Promotions 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 continued to be supplied according to his appointment from Rome without any material 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 successive 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 Emperours the Kings of this Island had little success in their struglings For wâ— see King John tried it to his coâ—â— by single oppositions without the Kingdom 's unanimous Conjunctures Aftewards Henry the Third began again and other succeeding Kings did try what Parliamentary or Municipal Laws could effect and to that end these following Laws were Enacted 7. H. 3. 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 Tenure or possession of the same shall have the custody of them when they fell void as it hath been accustomed and as it is before 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 Religious 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 Ed. 1. Anno 35. cap. 1. made the Statute de Asportatis Religiosorum wherein it is declared That the Monasteries 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 Edw. 2. 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 Ecclesiastick Censures of the Pope and this may be of great Use Edward the Third Anno 25. Edw. 3. That the King went on further by Act of Parliament forbidding under a Praemunire all applications to Rome for obtaining any Ecclesiastick Preferments or in Suing to the Court of Rome for Reversing any Judgments Richard the Second did back this Statute with several other Statutes Rich. 2. 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
is remarkable that this William Lord Pawlet Marquess of Winchester 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 Treasurer 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 distinct Writ and Sir Richard Weston Treasurer 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 Parliament 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 Offices 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 Institution 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 Precedency 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 Consimilars where an Earl was made Exemplar 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 Twenty 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 Marquess 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 conceive 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 Consimilars 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 proper for that Bishop to be Exemplar for the reasons before alledged Now in the first Car. primi Thomas Coventry 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 Grandchild 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 according 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. Parliaments were in the space of 341. Years As concerning the years when these Exemplars were first issued to the respective 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 â—â—â—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 Parliament 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
some few mix'd Observations 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 Commission 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 Parliament-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 Office by Writ only and all the other Assistants 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 Offices do intitle them to sit in the Lords House without such an especial Parliament Writ of Assistance as is shewn in the Exemplar before recited to which all the other Assisting Writs have a Consimilitude 5. This Parliament or Assisting Exemplar 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 Praedilecto 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 Parliament are partly shewn in the Observations 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. 2 d. 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 Parliamento nostro die Domincâ prox ' futur ' ante Festum sancti Laurencii prox ' futur ' fecimus summoneri vobiscum cum caeteris de Concilio nostro colloquium habere volumus tractatum vobis mandamus firmiter injungentes quod omnibus aliis pretermissis dictis die loco personaliter intersitis nobiscum cum ceteris de Consilio nostro super premissis tractatur ' vestrumque Consilium impensuri Et hoc nullatenus omittat ' Teste c. In this Writ the words after Regni nostri viz. Ecclesiae Anglicanae are omitted 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 Proceribus 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 Baron 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 Summon'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 England 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 Parliament 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 being 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 always signifying a plural though sometimes 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 other 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Graecos dicebantur designati ad Custodiam 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 Councils before the name of Parliament and since that name hath always been esteem'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 Justice to send out his single Warrant to Seize on Persons in case of Treason or Suspicion 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
from the said 16 of April to the 30th of October following Accordingly Prorogu'd the 16th of April 24 Car. 2d 1672 to the 30th of October following By Commission Prorogu'd the 30th of Dec. 24 Car. 2d 1672 to the 4th of Feb. 25 Car. 2d 1672 3. By Commission Session the 4th Feb. 25 Car. 2d 1672 3. continued to the 29th March 1673. Acts Publick 10 Private 11 Adjourn'd the 29th of March 25 Car. 2d 1673 to the 20th of October following Prorogu'd the 20th of Oct. 25 Car. 2d 1673 to the 27th of the same Month. By Commission Session the 27th of Oct. 25 Car. 2d 1673 to the 4th of November following No Bills past this Session Prorogu'd the 4th of Nov. 25 Car. 2d 1673 to the 7th of January 1673 4. The King Present Proclamation dated the 10th of Decem. 25 Car. 2d to require the Members of both Houses to attend the 7th of Jan. following Session the 7th of Jan. 25 Car. 2d 1673 4. continu'd to the 4th Feb. 26 Car. 2d 1673 4. No Bills past this Session Prorogu'd the 24th of Feb. 26 Car. 2d 1673 4. to the 10th of Novem. 26 Car. 2d 1674. The King Present Proclamation dated the 1st of July 26 Car. 2d 1674 declaring the Kings pleasure to prorogue the Parliament to the 13th of April 1675. Proclamation dated the 3d. Septem 26 Car. 2d 1674 for Proroguing the Parliament from the 10th of Nov. to the 13th of April 1675 27 Car. 2d Prorogu'd the 10th of Nov. 26 Car. 2d 1674 to the 13th of April 1675 27 Car. 2d By Commission Session the 13th of April 27 Car. 2d 1675 continu'd to the 27th of June following Acts Private 5 Prorogu'd the 4th of June 27 Car. 2d 1675 to the 13th of October following The King Present Session the 13th of October 27 Car. 2d 1675 continu'd to the 22d of November following No Bills past Prorogu'd the 22d of Nov. 27 Car. 2d to the 15th of Feb. 28 Car. 2d 1675 6. Proclamation dated the 20th of Dec. 28 Car. 2d 1676 requiring both Houses to give their attendance on the 15th Feb. next Session the 15th Feb. 28 Car. 2d 1676 continu'd to the 16th of April 29 Car. 2d 1677. Acts Publick 10 Private 14 Adjourn'd the 16th of April 29 Car. 2d 1677 to the 21st of May following The King Present Acts Publick 10 Private 14 Proclamation dated the 2d of May 29. Car. 2d 1677 requiring both Houses to give their attendance the 21st of May. Session the 21st May 29 Car. 2d 1677 continued to the 28th of the same Month. Adourn'd the 28th of May 29 Car. 2d 1677 to the 16th of July following Adjourn'd the 16th of July 29 Car. 2d 1667 to the 3d. of December following Proclamation dated the 26th of Octo. 29 Car. 2d 1677 for Adjourning the two Houses of Parliament from the 3d. of Dec. to the 4th of April 30 Car. 2d 1678. Proclamation dated the 7th of Decem. 29 Car. 2d for Adjourning both Houses back from the 4th of April 30 Car. 2d 1678 to the 15th Janu. 29 Car. 2d 1677 8. requiring the Members of both Houses to attend that day Adjourn'd the 15th of Jan. 29 Car. 2d 1677 8. to the 28th of the same Month. Session the 28th of January 29 Car. 2d 1677 8. continu'd to the 27th of March 30 Car. 2d 1678. Acts Publick 2 Private 13 Adjourn'd the 27th of March 30 Car. 2d 1678 to the 11th of April 30 Car. 2d 1678. Adjourn'd the 11th of April 30 Car. 2d 1678 to the 15th of the same Month. Adjourn'd the 15th of April 30 Car. 2d 1678 to the 29th of the same Month. Session the 29th of April 30 Car. 2d 1678 continu'd to the 3d. of May following Prorogu'd the 13th of May 30 Car. 2d 1678 to the 23d of the same Month. By Commission Session the 23d of May 30 Car. 2d 1678 continu'd to the 15th July following Acts Publick 9 Private 12 Prorogu'd the 15th of July 30 Car. 2d 1678 to the 1st of August following By Commission Prorogu'd the 1st of August 30 Car. 2d 1678 to the 29th of the same Month. By Commission Proclamation dated the 2d of August 30 Car. 2d 1678 requiring the Members of both Houses to give attendance on the 29th of August Proclamation dated the 8th of August 1678 declaring that the Parliament shall be prorogu'd the said 29th of Aug. to the 1st of Oct. 30 Car. 2d 1678. Prorogu'd the 29th of August 30 Car. 2d 1678 to the 1st of Oct. following By Commission Proclamation dated the 25th Sept. 30 Car. 2d 1678 for the further Proroguing the Parliament to the 21st of Oct. in the same Month. By Commission Session the 21st of Oct. 30 Car. 2d 1678 continued to the 30th of Dec. following Acts Publick 1 Private 0 Prorogu'd the 30th of Dec. 30 Car. 2d 1678 to the 4th of Feb. 31 Car. 2d 1678. Proclamation dated the 24th of Jan. 30 Car. 2d 1678 9. wherein the King discharges the Members of both Houses from meeting the 4th of Feb. 31 Car. 2d 1678 and declare the Parliament Dissolv'd Dissolution the 24th Jan. 30 Car. 2d 1678 9. but in the Proclamation His Majesty further Publisheth his pleasure that Writs should be issued for another Parliament to meet the 6th of March following viz. 31 Car. 2d 1678 9. I did design to deferr the Printing of this Diary till I publish some discourses of the nature of Sessions Proclamations Adjournments Recesses Prorogations and Dissolutions but because it will take long time before I shall publish them some friends did persuad me to add this Appendix as very useful to all such as may have any recourse in point of times to matters transacted in this Parliament of which I chiefly treat Summon'd the 18th of Feb. 1660 1. 13 Car. 2d and ended the 14th January Car. 2d 1678 9. and though the dates of Session c. are repeated in several Paragraphs yet it is so ordered for the case and advantage of him that desires to satisfie himself in the Chronological questions of that Parliament without looking on the Antecedent or Subsequent Paragraphs FINIS A CATALOGUE OF BOOKS Printed for Tho. Bassett at the George in Fleet-street AN Institution of General History or the History of the World in two volumns in folio by Dr. William Howel Chancellor of Lincoln Printed 1680. Historical Collections being an exact Account of the Proceedings of the four last Parliaments of the Renowned Princess Queen Elizabeth containing the Journals of Both Houses with their several Speeches Arguments Motions c. in folio writ by Hayward Townshend then Esq Member of Parliament Printed 1680. The Antient Right of the Commons of England Asserted or a Discourse Proving by Records and the best Historians that the Commons of England were ever an Essential part of Parliament By William Petyt of the Inner Temple Esq Of the French Monarchy and Absolute Power and also a Treatise of the three States and their power deduced from the most Authentick Histories for above 1200 years and digested this latter by Mat. Zampini de Recanati L. L. D. The Politicks of France by Monsieur P. H. Marquis of C. with Reflections on the 4th and 5th Chapters wherein he censures the Roman Clergy and the Hugonots by the Sr. l'Ormegregny Le Bean Pleadeur a book of Entries containing Declarations Informations and other select and approved pleadings with Special Verdicts and Demurrers in most Actions real Personal and mixt which have been argued and adjudged in the Courts at Westminster together with faithful references to the most Authentick printed Law books now extant where the Cases of these Entries are reported and a more Copious and useful Table than hath been hitherto printed in any book of Entries by the Reverend Sr. Humphrey Winch Knight sometime one of the Justices of the Court of Common Pleas. A Display of Heraldry manifesting a more easie access to the knowledge thereof than hath been hitherto published by any through the benefit of Method whereunto it is now reduced by the study and industry of John Guillim late Pursuivant at Arms. the 5th Edition much enlarged with great variety of bearings to which is added a Treatise of Honour Military and Civil according to the Laws and Customs of England collected out of the most Authentick Authors both Antient and Modern by Capt. John Logan illustrated with Variety of Sculptures suitable to the several subjects to which is added a Catalogue of the Atcheivments of the Nobility of England with divers of the Gentry for Examples of Bearings Now in the Press Dr. Heylins help to the English History with very large Additions
Episcopo Carlilin P. Johanni Episcopo Roffensi P. Roulando Episcopo Coventry Lichffeldiae 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 Wigorn ipso Episcopo in Remotis agente Custodi Spiritualitatis Episcopatûs Dunelmensis 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 particularly 1st For the Eminent nature of the Titles which this Cardinal ascrib'd to himself who had also tryed several experiments to have been made Pope and probably 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 occasion to say that the English have always had hard measure in their Attempts therein for though the Conclave have admitted above 50. English men to be Cardinals 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 being 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 Gussarus officio Papa 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 Cardinals which were Archbishops viz. in the time of King John Edward the 3d and Hen. the 6th were all three Archbishops of Canterbury so as this precedency must be attributed to the Cardinals Dignity above all Archbishops and not to any irregularity in placing the Exemplar 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 Protector 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 Presbyter to gratifie all interests 4. Though H. 8. might intitle himself Fidei Defensor 8 years before this Writ yet this is the first Writ on Record wherein this Title is given and this also is the last Writ that I find was sent to any Cardinal to sit in Parliament for though Cardinal 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 Winchester and no Writs to the Bishops of Canterbury 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 alteration 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 Archbishops 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 Ireland 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 Bishops 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