Silver and guilt with the Kings Arms at one end and a Lyon Couchant at the other end and a guilt Knob in the middle which he carries in his hand he is always a Person of Quality and born the Kings Subject and if not a Knight is made one upon admission to this Office and hath his Office by Patent the first Grant of it beginning in Hen. the 8. time 1. Before the Sitting of Parliament he observes the Lord Chamberlains directions in taking care that the House be fitted with all things for the Reception of the King and those who are to sit there 2. His Imployment also is to introduce Lords into that House 3. And after that House is Sat he hath Imployments concerning the Commitment of Delinquents c. 4. He hath a Seat allowed him but without the Bar and to ease him more in these and many other Imployments he hath an Usher to assist him call'd the Yeoman Usher also Door Keeper c. as will be shewn And so I am come to the last Attendant Officer of Note in that House viz. the Kings Serjeant at Arms. CHAP. XIX Of the Kings Serjeant at Arms Attendant in the House of Lords I Have spoken of the Servientes ad legem or Serjeants at Law Now I come to the Servientes ad arma Serjeants at Arms these were such as amongst the Romans were call'd Satellites Caesaris or a Guard to the Emperor and sometimes they were call'd Macerones from whence probably the word Mace might be us'd which these Serjeant at Arms use to carry before the King c. Of these Serjeants at Arms for I meddle not with the lower degree in Corporations sometimes call'd Serjeants of the Mace or only Serjeants there are twenty in number which are call'd the Kings Serjeants at Arms and these are Created with great Ceremony for the Person who is to be Created kneeling before the King the King himself lays the Mace on the Serjeants Right Shoulder and says these words Rise up Serjeant at Arms and Esquire for ever He hath his Patent for the Office besides of which and of the particulars of his Imployments Segar in his Book of Nobility gives a full account but of these twenty the King appropriates sixteen to his Personal Service whereof four wait on him every Quarter the other four are thus distributed viz. in time of Parliament one is to attend the Speaker of the House of Lords in case he is not Lord Chancellor another to attend the Speaker of the House of Commons one other to attend the Lord Chancellor and another the Lord Treasurer as well in as out of Parliament But in respect the Lord Chancellor and Speaker of the Lords House is usually the same Person there were but three of the twenty us'd in this time of Parliament and but two out of Parliament so as the other one or two are reserv'd for accidental occasions The Serjeant at Arms who attends the House of Lords hath the privilege of carrying the Mace before the Speaker whether he be the Lord Chancellor or not within the Lords House up to the very Chair of State and after he hath made his Obeysances he lays it down on the first Woolsack by the Speaker and so departs till the Speaker hath occasion to use him again upon the Rising of the House And herein methinks the Serjeant at Arms of the House of Commons hath more respect afforded him than the Serjeant at Arms to the House of Lords for the Commons Serjeant hath the freedom to stand at the Bar and hear all Debates and when weary of standing hath an easie seat by the door but the Lords Serjeant is not permitted to be in the Lords House whilst it is Sitting nor hath any Station within the Bar nor Seat without the Bar as the Gentleman Usher hath and yet this Office is more ancient than that and is not only Serjeant at Arms to the Speaker and Chancellor the Parliament not sitting but is the chief of the twenty of the Kings Serjeants at Arms he hath his Duputy so as if there should be occasion of two viz. for a Speaker and Chancellor he may supply one and his Deputy the other and besides his Deputy he hath also other Agents under him and hath use for them For upon Commitments of Delinquents without door he is to see them forth coming and in bringing them to the Bar but upon consmements or Commitment of any Member within doors that peculiarly belongs to the Gentleman of the Black Rod. So as these 2 Officers set the first wheel of a Parliament in motion for the Serjeant at Arms conducts the Chancellor or Speaker into the House of Lords the King sends the Black Rod to the Commons to bring up their Speaker who being confirm'd by the King goes to his Chair in the Commons usher'd with the other Serjeants at Arms and so when each Speaker retires from each House each Serjeant is to each a Conducter A Corollary to this First Part. I Have now shewn the General Warrants for Summoning a Parliament and the particular Writs and Patents impowring those who are to sit in the Lords House as also the Act of Precedency to prevent Disorders of Places when they meet there and given a touch of Proxies and of the words Lords and Peers and of other Accidental Writs and of the Returns of their Writs and of some who sit there without Writs or Patents and of others who are imployed there meerly by vertue of Patents And of all these I have made some Discourses as well to revive the notions of those who need no other information as to inform others who have little knowledge therein but what they gain from the short Memorials of Writers or from the imperfect Discourses which they glean from such as know some things in part but have not the true Concatenation of the Grandeur of a Parliament These discourses and those intended will I hope contain the whole System of this Constitution This part hath applied it self wholly to the Offices Degrees and Qualities pertinent to the House of Lords in general but as to the particular Persons owning those Offices Degrees and Qualities I reserve them for the Subsequent Parts of this Treatise that is after I have discours'd of the seven remaining Exemplar Writs in the Pawn which particularly concerns the House of Commons Viz. To Cornwall To Cambridge To London To Dover To Lancaster To Chester To Carnarvan in Wales And also shewn the Writs or Precepts derivative of those seven Exemplars and the manner of Elections and Returns of Writs and Precepts the Discourse of which will comprehend all the County Shires Cities and Burroughs which have power of Electing Members for Parliaments I shall then shew you the Places adapted for both Houses to meet in as also of the Members Summon'd and imployed in both Houses in this Parliament After these I shall speak of such Ceremonies as are us'd before any Members be admitted into
Curiae Cancellariae but whether it was the same Office which is now executed by the Masters of the Chancery Non Constat however they were then under the notion of Clerks in an Ecclesiastical sence but as Writs were sent to Clerks or Ecclesiasticks with the Title of Magister so in Henry the Fourths time and not before there were Writs sent to Laicks with that Title and those were Persons of high Quality viz. in the 2.3 and 6. Hen. the 4th Magistro Thomae de la Ware sometimes call'd Ware and Warre to attend those Parliaments and the same Thomas was also Summon'd to the Parliaments of the 1.2.3.4.5.7.8 and and 9. of Hen. the 5th Magistro Tho. de la Ware and so to the 1.2 and 3. of Hen. the Sixth but in the second Parliament of that year Mr. De la Ware was not Summon'd but one VVrit was Magistro Johanni Stafford Thes Angliae and another VVrit Magistro Willielmo Alremith Custod privati Sigilli But in the 4th and 6. of Hen. the Sixth both those were left out and the same Magistro Tho. de la Ware Summond again and for brevity passing to the 36. of Hen. the Eighth and then it was expressly Roberto Bows Mil. Magistro sive Custod Rotulorum Cancellariae being then also chief of the twelve Masters of Chancery However Sir Edw. Coke saith they are Assistants to the Lord Chancellor or as the Manuscript saith Cojudices and thereupon ex Officio do sit in the Lords House and the antiquity of the Places allotted them there as will be shewn and their Imployments in every Parliament makes their attendance a kind of Praescription And now I proceed to such as sit in the Lords House by Patent only without Tenure VVrit or Praescription CHAP. XVII Of the Clerks of the Lords House HEre I am to speak of such as have places allowed them in the House of Lords by vertue of Patents only and first of the Clerks This Title of Clerk from Cleros when the Clergy had by reason of their great learning the guidance of Civil Offices was given as an honour to them and most of the great Offices as the Privy Seal Master of the Rolls c. had the Titles of Clerks but now that Title remains to a lower sort of which there are 26. in number who still retain that Title The first as to the Progresses of Parliament is the Clerk of the Pettibag which is under the Conduct and within the Patent of the Master of the Rolls who is the chief of all the Clerks in the Lords House of which Office I have spoke in that Section of the Rolls and in other places 2. The Clerk of the Crown in the Chancery call'd Clericus Coronae in Cancellario in his Patent of whom I have also spoke cursorily in several places is an Officer to whose care many great things are committed which may be read in Compton and others but as to what concerns this Subject I must again remind that all Parliament VVrits which are sent from the Pettibag are return'd and kept by the Officer so that the Pettibag gives as it were the beginning this the continuance and ending to a Parliament So as this Clerk of the Crown hath three Capacities Before the Sitting of a Parliament to receive returns of VVrits which were issued from the Pettibag And in Parliament to take care according to directions for the issuing of Writs in case of change or mortality And in the Lords House he first reads the Titles of all Bills to be presented to his Majesty of which and other parts of his Duty I shall speak more 3. The third Clerk is term'd in his Patent Clericus Parliamentorum because he is Clerk in all Parliaments during his life his imployment here being only conversant about the Affairs of Parliament Now in respect that all Bills and Matters of State have here their result in the Lords House he is the proper Keeper of such Records for the Lords House is a Court of Record and to that end his Books are fairly writ exactly compos'd according to the very words and sence of that House and constantly perus'd by some Lords appointed for that purpose as well for his own justification as others satisfaction He hath also an Assisting Clerk allowed him who is of great use and ease to him both of them being well grounded in learning experience and ability in the safe expediting the concerns of that House which hath both an Ocean of VVisdom and curious Rivolets of Honorary punctilios not to be omitted by them somewhat different from all other Courts he hath also a Reading Clerk allowed him who likewise attends the Lords Committees and these are all the Clerks which constantly attend in the Lords House and are within the Bar. 4. Of the Clerks of the House of Commons I shall speak in the second part 5. As I have shewn the Imployments of the Clerks of the Crown Office in Chancery so to prevent misapplications it is fit to shew the Imployments also of the Clerk of the Crown Office in the King's Bench who is no constant attendant in this House or in the House of Commons but only upon contingencies and then by Order but more especially in the Lords House for producing reading and managing Records concerning VVrits of Error Habeas Corpus c. of which I shall speak in order but his most eminent Imployment is upon the Tryal of Peers as will be shewn Of the 26. Clerks before mention'd who still retain that Title these five which I have named are the chief which are imployed in Parliamentary Matters but of the other 21. which may be seen in Lambert Fitz Herbert c. neither the six Clerks in Chancery being Officers of Eminency imployed in that Court bearing that Title nor are the other Clerks which are imployed also in that Court in the least as I know of ingag'd in the Fabrick of Parliaments Note that those five Clerks whom I first mention'd have places allotted them within the Bar of either House as I said And now I must speak of other Attendants of another nature viz. the Gentleman Usher of the Black Rod and the Serjeant at Arms. CHAP. XVIII Of the Gentleman Vsher of the Black Rod. THere are but three ways by which the House of Lords do send any Message to the Commons of two of them I have spoken viz. by some of the Judges or by some of the Masters of Chancery and the King also uses two ways viz. by his Secretaries or some of the Privy-Council when they are Members of the House of Commons both upon ordinary and extraordinary occasions or for attending his Person upon Addresses c. But when he hath occasion to Command the House of Commons to attend him in the House of Lords he only sends this Officer the manner of which Ceremony I shall shew in order He is call'd the Black Rod from the Black Staff or Rod about three foot long tipt with
return of Writs concerning the House of Commons the method consists of much trouble and perplexity not only from the time of the executing the Writs but in undue returns as will be shewn in their proper place This Chapter concluding all the Patents and Writs of Summons and Returns which concern the Lords House by vertue of which the Persons so Summon'd by Writ do sit there now I must speak of such as sit there without Patent or Writ of Summons and first of the Masters of Chancery CHAP. XVI Of the Masters of Chancery THE Secretaries of State did bring up the Rear of the State Officers and now the Masters of Chancery do bring up the Rear of the Assistants and though I have spoke something of the Master of the Rolls partly as chief of the twelve Masters of Chancery yet there he was considered as Master of the Rolls or Records rather than one of the twelve Masters of Chancery whereof as I said he is the chief and these twelve are called Masters in Ordinary 2. For there are also other Masters in Chancery called Extraordinary which are of an uncertain number according to the businesses of the respective Counties wherein they are imployed 3. As for the twelve they usually are chosen out of Barresters of the Common Law or Doctors of the Civil Law and eleven of them do sit in the Chancery or in the Rolls as Assistants saith Sir Edward Coke to the Lord Chancellor and to the Master of the Rolls every day throughout each Term of the year and to them are committed Interlocutory Reports and stating of Accounts and sometimes by way of reference to them they are impowr'd with a final Determination of Causes there depending 4. These twelve have time out of mind sat in the Lords House yet have neither Writs nor Patents for many Ages past impowering them so to do but I conceive as the Master of the Rolls is as is said by that Institutor an Assistant to the Lord Chancellor the remaining eleven may fairly be said to be Assistants both to the Lord Chancellor and Master of the Rolls in all or most Matters depending in both or either Courts and so Virtute Officij they are inclusively capacitated by the Writs to the Lord Chancellor or Master of the Rolls to be Assistants to them in the Lords House as they are in Chancery without any particular VVrit or Patent to them 5. Anciently this Title was higher than what Sir Edw. Coke affords them for I find in an old Manuscript in the hands of Sir J. C. one of the Masters but I have not the opportunity of searching the Records therein mentioned Intitutled De Cancellario Angliae ejus Cojudicibus de authoritate eorum and then follows viz. In dicta Curia Cancellarij sunt ordinati duodecem Cojudices viz. Magistri sive Clerici de prima forma ad Robas which in the 13. Chap. I call the first Orb pro Arduis negotis Regis Regni Reipublicae expediendis which agree verbatim and 't is observable with the very words of all Writs of Summons to Parliaments eidem Cancellario omnino assistentes secum continuo consedentes which in a manner Intitles them to sit in the Lords House with him and many other matters are mentioned therein which I shall refer to my Annotations because I cannot now warrantably insert them but I find in other Books that anciently they had the care of inspecting all Writs of Summons to Parliaments committed to them which is now as I have shewn performed by the Clerks of the Pettibag 6. As to the Title of Maister from Magister and from Magus a Wiseman it is as ancient as most of our borrow'd words from the Latin and was still apply'd to Persons of Knowledge and other Abilities above the Degrees of Yeomandry Amongst the old Romans as may be read in Livy Pomponius Aurelius and others they had twelve great Officers to whom that Title was given viz. Magister Populi or Dictator Magister Equitum Magistri Census Magister in Auctionibus Magistri Epistolarum Magistri Memoriae Magistri Militum Magister Navis Magistri Officiorum Magistri Scriniorum Magister Curiae Magistri Aeris and many more of a lesser Rank for I speak not of Magistri Familiae or Privatae or as the word is vulgarly applied to its relative word Servant but as a Title applied to Persons of Eminency for their Integrity and Learning and of these there are also twelve sorts with us which are found in the Law Books whereof the first we meet with in the Statutes is the Master of the Mint in 2 H. 6. c. 14. 2. the Master of the Rolls in the first of H. 7. Cap. 20. for till then he was call'd Clerk of the Rolls or Custos Archivorum and chief Clerk of the Chancery of which there are twelve as I said since which six chief Clerks and a greater number of a lesser Form are there Constituted whereby they are distinguisht from the ancient Clerks now the 12. Masters of Chancery which may be accounted the Third sort in point of time mentioned in the Statutes the Fourth The Master of the Horse in the first of Edw. the Sixth the Fifth The Master of the Postern in 2 Edw. 6. the Sixth The Master of the Kings Houshold in the 32 H. 8. chang'd to the Lord Stuard of the Kings Houshold Charles Duke of Brandon being the first of that Title mentioned in any Statute the 7th The Master of the Court of Wards in the 33 of Hen. the 8. now of no use the Eighth The Master of the Musters after in the 33 Eliz. called Muster Master General the 9.10.11.12 viz. The Master of the Armory the Master of the Kings Jewels the Master of the Ordinance and Master of the Kings Wardrop are mentioned in the Statute of 39 Eliz. not but these Officers were before but the Statutes as I said do not take notice of them till the times that they are quoted in the said Statutes 7. Now as the old Romans had others which had the Titles of Magistri viz. Magistri Vniversitatis vel Societatis so we in imitation at Cambridge have the Title of Magister fixt at the head of every College in that University which is an argument of their Antiquity of which I shall speak more whereas Oxford hath but three which bear that Title 8. It is also applied to the Heads of Halls of Companies in London and other Cities and it hath been formerly applied to all the Members of the House of Commons who were not actually Knights or Esquires or of higher Degrees but in the House of Lords I do not find it used to any to whom Writs of Summons were sent to sit there except to some Priors and Deacons who were sometimes called Magistri in their Writs and others of Religious Orders call'd also in their Writs Magistri as also to Officers in Chancery viz. 49 Edw. 3. Magistro Thomae Yong Officiario