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
Decree made in the Star-Chamber which is Printed in Poltons Abridgment he is Stiled Defensor Fidei in terra Ecclesiae Anglicanae Hiberniae Supremum Caput which was 5 years before the Supremum Caput was settled by Act of Parliament but as a preparative to it in the 22 of his Reign he is stiled Praepotentissimus Metuendissimus Angliae Franciae Rex and only Fidei Defensor is added and no mention of Supremum Caput Then in the 30 year of his Reign he is Stiled Defender of the Faith and Lord of Ireland and on Earth Supream Head immediately under Christ of the Church of England In the 32. year he left out the word immediately and the next year the words under Christ So that in the 33 of his Reign the Title was Hen. by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland on Earth Supream Head And thus by making himself King of Ireland he disobeyed the Pope in placing Defender after Ireland and this Title continued thus all his Life and the Circumscription on his Great Seal wrot accordingly and so did his Son Edward the sixth on His Great Seal and in Publick Acts. And the like did Queen Mary in the first year of her Reign but upon her Marriage with King Philip in the second year of her Reign and first of both their Title was King and Queen of England and France Naples Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicily Arch-Dukes of Austria Duke of Milan Burgundy and Brabant Countess of Hasburgh Flanders and Tyroll quite jostling out Supream Head during their Reigns When Queen Elizabeth came to the Crown the Circumscription of her Great Seal was Elizabetha Dei gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor yet she maintained both Titles of Defensor and Supream during her Reign When King James came to the Crown the Circumscription of his Broad Seal was also Jacobus Dei gratiâ Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor and no more yet he maintained the other Point both in his Government and Writings as may be read in his Praemonition to all Christian Monarchs and his Declaration against Vorstius and his Defence of the Right of Kings against Cardinal Perrone and in several of his Speeches in Parliament leaving men at liberty as Queen Elizabeth did to use the Title of Supream Head in their Pulpits and Evidences as they thought fit so as the learned Cambden in his Dedication of his Britannia to King James instead of Defensor writes him Propugnator Fidei When King Charles the First came to his Crown the Circumscription of his Great Seal was Carolus Dei gratiâ Rex Angliae Scotiae Franciae Hiberniae Fidei Defensor and no more yet to justifie both Titles in the seventeenth year of his Reign he caused the 39 Articles which were agreed on in the fourth of Queen Elizabeth to be reprinted and in the Front did publish his own Declaration in these words Being by God's Ordinance according to our just Titles Defender of the Faith and Supream Governour of the Church within these Our Dominions He therein declares That the Articles of the Church of England allowed and authorized heretofore do contain the Doctrine of the Church of England and requires his Subjects to continue in the uniform profession thereof And then as to the Discipline he further declares himself Supream Governor of the Church of England and that if any difference arise about the external Policy concerning Injunctions Cannons or other Constitutions whatsoever thereunto belonging the Clergy in their Convocations is to order and settle them having first obtained leave under his Majesties Broad Seal so to do and he approving their said Ordinances and Constitutions So here the word Supream Head is changed into Supream Governour When King Charles the Second came to the Crown the Circumscription of his Broad Seal was Carolus Secundus Dei gratiâ Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor and no more yet to justifie both Titles the very same year of his Return Anno 1660. he publish'd a Declaration to all his loving Subjects well worth the reading concerning Ecclesiastical Affairs which shews both his Christian condescention to his Subjects and Justifications to those two Titles for which he is styl'd by Writers Supream Moderator Now though in all Parliament-Writs which have come to my view and in other publick Acts and Writings since the first of Queen Elizabeth to this time after the words Defender of the Faith except in their Broad Seals there is added only one c. which I conceive was done for brevity and must be understood in relation to the Act of 36 Hen. 8. never yet repealed and every man had then and hath still liberty in their Deeds or Pulpits to mention the full Titles but by degrees about the year 1640. it began to cease in Pulpits and soon after in Pens contenting themselves with the c. These and other matters seeming trivial though proving dangerous in the consequences were yielded to as condescentions to gratifie a dissenting party in England who very probably were incited thereunto by underworking Papal Contrivers being excellent Artists in spurring on the least humour of Schism in this Church and so dealing in little things till greater were ripen'd in which latter they often made Attempts as may be read in Queen Elizabeth King James King Charles the First and this present King's time yet without success except in the Assassination of King Charles the first which was manag'd with such dexterity that it was made difficult to judge whether some of the English Dissenters in those times or the Romish Incensors were the chief Actors And after that it was carried on by a subtil way of redeeming their credits in this King's Preservation at Worcester yet still underhand endeavouring to subvert the whole Fabrick of this Kingdom as was discovered about the end of this Parliament 1678. which determin'd my publick Employments and therefore shall leave that Subject to other Pens Thus the new Empire of Rome and the old Empire of England have strugled through many Ages for Supremacy It is the Interest of England to be quiet within its own liquid Arms and so increase it self with other Kingdoms and States by a real mutual Traffick and Commerce But it is the Interest of Rome to be troublesome and increase it self in all Kingdoms and States without any real commutation or advantage to any but it self Yet it is difficult to make the Dissenters to the Church of England believe that the way which they take in opposing Rome will in time be destructive to their own Designs and Opinions Some of the Dissenters to the Church of England see and know this yet are so inveigled by such Dissenters to the Court of Rome who pretend to be for that Church but not for
consists of Nine more viz. three Justices of the Kings Bench three of the Common Pleas and three other Barons of the Exchequer and these have gradual interests in those three Courts as will be shewn and with the other five do make fourteen of the first and second Orb and as a further addition of Honor twelve of these fourteen in their Circuits twice every year have Courts also provided for them almost in every County of England as will be shewn The third Orb of the Professors of Law are not usually above six in number yet sometimes more sometimes fewer as will be shewn I mean of such only as have Summons to sit in Parliament and these have Courts also allotted for them viz. the Kings Serjeants at Law the Kings Attorney General the Kings Sollicitor General have the Inns of Courts though common also to under Graduates and Students and the two principal Secretaries of State have the Kings Court or Palace for their Regalias so as the before mentioned five of the first Orb and nine of the second Orb and six of the third Orb these three Orbs being the most eminent of that Profession have not only the Jurisdiction and an Interest in the said Courts but as an higher mark of Honour and Esteem though they were no Lords or Barons of the Realm yet they were and are usually Summon'd by Writs to the High Court of Parliament when ever it Assembled and there they are also dignifi'd with peculiar Places appointed for them and many Priviledges of which with their Number and the Causes of Variation of that Number I shall give an Account in the ensuing Sections 10. These as I said are imploy'd in the Lords House to be Assistants with their sage advices who are perfect knowers both of general and particular Laws viz. in the Laws of God and Nature the Civil Laws practised in most parts of Europe the Ecclesiastick Laws of other Nations but more particularly of our own of our Common Statute Municipal and Customary and By-Laws which are alterae Leges and many others of other Titles which we derive and still retain from the old Roman Empire Saxons c. And thus fraught with knowledge of Laws they bring them for the most part into the Hive or compass of our Common and Statute Law and their universal knowledge makes them esteem'd Learned their Learning indues them with Wisdom their Wisdom enables them to be Justices or Judges out of Parliament and in Parliament to be Assistants there for the better carrying on of Publick Actions and Consultations so as the present Laws may be preserved or such new ones made as their Wisdoms shall think fit to advise there being sometimes as much necessity of making new or correcting altering explaining or inlarging the old as in possitively preserving them for when a Buttress hath sustain'd an House many years and is it self decayed by time it is to the safety of the House to have another Supporter in its room for tempora mutant mores and mores may justly mutare leges considered according to the diversity of circumstances and herein consists the great Master-piece of advice by turning a nolumus mutare into a rational volumus 11. Having now given a short discourse of Law and the Professors of it in general occasioning just grounds for their Assistance I shall proceed to the particular Titles of the chiefest Professors of it and according to my first propos'd Method go on with the fifth Exemplar mention'd in the aforesaid Parliament Pawn viz. to the Lord chief Justice of England The Form of the Fifth Exemplar-Writ to the Lord chief Justice of England CArolus Secundus Dei gratia Angl ' Scot ' Franc ' Hibern ' Rex fidei defensor ' c. Dilecto fideli suo Roberto Foster Militi Capitali Justiciario nostro ad placita coram nobis tenend'assign ' salutem Quia de advisamento assensu Consilij nostri pro quibusdam arduis urgentibus negotijs nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maij prox ' futur ' teneri ordinavimus ibidem vobiscum cum magnatibus proceribus dicti Regni nostri Colloquium habere tractatum vobis mandamus firmiter injungend ' quod omnibus alijs pretermissis predictis die loco personaliter intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negotijs tractatur ' vestrum Consilium impensur ' Et hoc nullatenus omittatis Teste me ipso apud Westm ' decimo octavo die Februarij Anno regni nostri tertiodecimo The next words in the foremention'd Pown are consimilia Brevia diriguntur personis subscriptis But before I speak of those Consimilars I shall add some few Observations on this Exemplar Observations on the Exemplar and its Consimilars I Did think to have made distinct Observations on this and the following Consimilars but finding how curiously they in their Jurisdictions Power Authorities and Operations are intermix'd separated and yet united I shall speak of them as they spring up from my Recollections on which others may graft more as best suiting to theirs 1. Neither this chief Assistant nor any of the following Assistants which are call'd Consimilars in the Pawns are mention'd in the Kings Warrant to the Lord Chancellor for summoning a Parliament otherwise than in these words Wherefore We Will and Command you forthwith upon receipt hereof and by warrant of the same to cause such and so many Writs to be made and seal'd under our great Seal for the accomplishment of the same as in like cases hath been us'd and accustom'd as may be seen in the first Chapter And thereupon the Lord Chancellor according to the ancient Custom and such Precedents as I have and shall set down sends his Warrant to the Clerks of the Pettibag in haec verba as in the first Chapter You are hereby required forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Spiritual and Temporal as also for the Judges and others to appear at the Parliament to be holden c. in such method and form and directed to such persons as are and have been usual in such cases c. Now that the Lord Chief Justice and the Consimilars of which I am to speak have been anciently and usually summon'd I have and shall shew in their following order 2. In the Act of Precedency there is no mention made of the Places of these Assistants but there having never been any dispute among themselves of their Places or Precedencies for they are perfect in their own Regularities and Seniorities c. it had been but expense of time and Paper to insert them and therefore according to the constant order by which they have sat anciently in the Lords House I shall treat distinctly of them so soon as I have ruin through
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
when Created Of two sorts of Dukes how distinguisht A Duke as Generall is not provided for in the Act of Precedency as other degrees of officiall honors are SECT III. Of Marquesses When begun in the Empire and in France When in England the reason of placing him between Duke and Earl From whence the Title is suppos'd to come Noble Actions caus'd Noble Titles and by some Hereditary SECT IV. Of Earls Of the word Comes or Count signifying Earl 6. sorts of Counts according to Selden 22. sorts according to Cassiadore 3. sorts in England Of the incongruity of the words Comes and Earl and from whence the word Earl is derived when first given in England Titutarly and upon what occasion when by Creation Of the Tachygraphy of the word Earl Of the Antient Titular and Created Earls little difference Of Local and Personal Earls here in England SECT V. Of Viscounts Sometimes considered as Equal sometimes of a lesier degree then an Earl Two sorts in England why the Hereditary Viscount interpos'd to Earl and Baron Of the first Created Viscount in England of the Parliamentary dignity of the one and Official Dignity of the other SECT VI. Of a Baron Of the word Baron the Baronial Tenures were the foundation of the Superior Tenures and Degrees Of Contributions to the King from Barons Spiritual Barons how Exempted from Contributions Of several other sorts of Barons The advantages of Created Barons CHAP. VI. Of the Writ to Princes of the Blood Royal. Of the Writ to Edward Earl of Chester Eldest Son to King Edward the 2d Anno 15. Ed. 2. And the Writ to James Duke of York 13. Car. 2. Compar'd Observations on both Writs A Recital or Numeration of the Exemplars of Earls Princes and Dukes of the Blood from Edward the 2d to this Parliament 1661. Observations on the Title of York the Consimilar to the Duke of York Observations on the Consimilars CHAP. VII Of the Writ to the Arch-Bishop and Bishops with Observations Reasons for incerting this Exemplar in this Place shewing that the Idolatrous Jews brought in Paganism into Britain manag'd by Druids and Bards after by Arch-Flamins and Flamins which were Pagan Priests Afterwards Christ Himself or his Apostles or Disciples or some of them brought in Christianity into Britain Bishops had Eleven several Titles according to several Regions given to the first managers of Christian Religion All included in the Word Bishop as Inspector or Father Of the Antiquity of the word Bishop Aristobulus the first Bishop of Britain who were his Successors Of King Lucius his message to Pope Eleutherius and the Popes answer about the first ordering of Christian affairs in Britain Of Linus the first Bishop of Rome and his Successors till the time of Lucius and Eleutherius all subsequent to Aristobulus The Amity between the Bishop of Britain and the Bishop of Rome in that time without any discord about Supremacy Afterwards the Bishop of Rome assum'd the Title of Pope and also a Supremacy to Britain and planted their Dependents there some small Endeavours to oppose it but Fruitless Of several Laws made to lessen the Power and Revenue of the Pope in Britain from the 9th of Hen. the 3. to the 5th of Hen. the 5th Of other wayes us'd by Hen. the 8th from the 9th of his Raign till his death in support of his Supremacy What Countermines were us'd by the Pope Historical passages from Hen. the 8ths Death to the dissolution of this Parliament Anno 1678. against and for the Papal Interest Of the the Titles of Defensor Fidei Supremum Caput how Vs'd disus'd and alter'd from the 12. of Hen. the 8th to the 13. Car. 2d Of Writs to Bishops before and in Edward the 2ds time having both the same and a greater Extention of Power than what is given in the Writs to the Lords Temporal and so to the 31. and 36. of Hen. the 8th and the 13. of Car. the 2d how they continued and alter'd some Observations on the old Writs Of the first Writ in the first Pawn of the 21. Pawns now remaining in the Pettibag Observations on that Pawn Of the 2d Pawn there Of the 3d. Pawn there Of the Pawn of this Parliament begun the 8th of May 1661. wherein Bishops were Omitted though entred in all former Pawns and the reasons of that Omission Of their Writ of Restitution in the same year Aug. 1661. and where Recorded Of their Consimilar Writs Fifteen Observations on their Writs and Temporal Employments CHAP. VIII Of the Writ to the Lord Chancellor Of the Original of the Office of Lord Chancellor or Lord Keeper and of the Discription of them Antiently distinct but now Vnited Of their different Seals Of their eminent Imployments Seates and Stations in the Lords Houss Of his single Writ of Summons as Assistant and of his other Writ if otherwise dignified The Office antiently dispos'd of to Ecclessiasticks and of later years wholly to Laicks Of some difference between the Warrant and Writ to Sr. Edw. Hide The form of the Writ Observations on this Writ and the nature of the Office CHAP. IX Of the Writ to the Earl of Southampton Lord Treasurer of England and to the Nobles not of the Blood Of the form of the Writ to the Lords Temporal Observations upon it that the Degrees of Nobles viz. Dukes Marquesses Earls Viscounts and Barons and Titles of the Officers of State are still intermixt in the Writs with some of those fiue Degrees Which of these Degrees are usually made Exemplars Of the Antiquity of the method us'd herein Of their Consimilars Observations concerning the various applications of the Titles Chevaleer Dominus Miles Eques Auratus Bannerettus CHAP. X. Of Patents of Creation enabling the Lords Patentees to sit in Parliament The difference between Writs and Patents and advantages of Patents what the word signifies Patents of 3. sorts viz. of Confirming Reviving and Creating that is given where none was before The form of those 3. sort of Patents Their ellegant preambles The Patents consisting of 4. parts Of the distinct form of the Patents to Dukes Marquesses Earls Viscounts and Barons impowring them to sit in Parliaments Of the Confies of Antient Patents Of Creation money Of the difference in the former and late value of moneys CHAP. XI Of Lords and Peers Of the words Dominus Pares or Lords and Peers what the words signifie When Peers us'd in France and of their number there when in England and of their number there Of the words Praelates Magnates Proceres how to be appy'd Who properly called Peers how placed in the Lords House the words Generally applyed and promiscuously us'd the number increase or decrease according to the pleasure of the King a Corrollary on the Subject CHAP. XII Of Proxies in the Lords House Of the word Procurator Proxie Proctor considered as distinct appellation Proxie only proper in the Lords House Licenced by the King and to whom and sometimes denied A
as disjoynted from Scotland and Wales but upon reduction of Wales by Henry the 8th and by the happy Union with Scotland by King James the Kings Title hath been more general viz. Rex Magnae Britanniae comprehending England Scotland and Wales but not to be so understood in our Parliamentary Writs for they are applicable only to England and Wales and not to Scotland though Scotland be mentioned in the Writs and it may be observed that this distinction of England and Scotland were united under the Name of Britain by King Egbert Anno 819 but after that they were again disjoynted and though both did continue so disjoynted neere 800 years yet now the Ancient Name of Britain is restor'd being bound by one Ocean and Govern'd by one King as it was 800 years before and though it is now thus intire yet England hath a distinct Parliament for its Laws and Scotland a distinct Parliament for its Laws and both distinctly consisting of 3 Estates under one King so as in all Writs for Summoning an English Parliament though Scotland be mentioned yet the operation of the Writs can only be applyed to England The addition of Scotland in the Title of our Parliament Writs Scotland did begin with King James who happily united both Kingdoms as I said under one King and so wrot himself Rex Angliae Scotiae c. But they never send any Representative to our Parliaments nor we to theirs yet the King of Scots before the union had a Chair allotted for him in the House of Lords but never sat there yet he was sometimes Summon'd as Earl of Huntington and so by vertue of that English Title might have sat there but not by his Regal Title untill the said union Although we had several inlets to France by Normandy France Anjoy Poictors Tourny Mayne c. yet the addition of King of France to the Title of English Kings was not till Edward the 3ds time who had a Just Title to it and there upon did Quarter the Armies of France But Hen. the 6th was actually Crown'd King of France in Paris and from these two the Title and right hath continued ever since though dispossest and as I shall shew in the second Part of this Treatise that Callis did send Burgesses to our English Parliaments for many years till it was Lost by Qu. Mary Ireland The Title of Rex Hiberniae was as Ancient as our King Hen. the 2d who created his Son John the King thereof yet for what reason of State otherwise then what I shall mention in the 7th Chapter that Title of the King of Ireland was never annext to the regal Title of the Kings of England till the 33d of Hen. the 8th and then to his other Titles he added Rex Hiberniae before it was only Dominus and their Parliaments are fram'd like our English Parliaments yet Subject to the Kings pleasure in confirming of their Laws here in England See more of this in Chap. 7th As to this part of the Kings Title viz. Defender Defender of the Faith I shall speak more fully of it in the 7th Chapter Or c. id est other Titles which were formerly and may still be added as you may Read also in the 7th Chapter c. Section the 11 and 12. Thus having past through the General words of the Kings Titles in his Warrants and Writs now in observance to Sr. Edward Coke I shall make a Summary of the particular Titles of our several Kings from William the first Inclusive to this time shewing what words were added or withdrawn When the Normans entred William the first stil'd himself sometimes Willielmus Rex and sometimes Rex Angliae Anglorum as other former Kings Omitting Dei Gratia as the Institutor saith though I am not satisfied therein and not adding Primus William surnamed Rufus had the same Title yet sometimes adding Dei Gratia not adding Secundus Henry stil'd himself Rex Anglorum and sometimes Dei Gratia Rex not adding Primus Stephen did the like Henry did the like but Omitted Dei Gratia as Sr. Edward Coke saith but in the Coins which Mr. Speed Exhibits to us his stile was Dei Gratia Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae not adding Secundus Richard not adding primus us'd the same sometimes Changing the Declension and the singular Number into the plural viz. Dei Gratia Rex Anglorum Dux Normanorum Aquitaniarum Comes Andegaviarum John us'd the same with Addition of Dominus Hiberniae John Henry stil'd himself like his Father King John till the 44 of his Reign and then he left out Normaniae Andegaviae and writ only Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae not adding tertius Edward the 1st and Edward the 2d stil'd themselves like Henry the 3d. Edward us'd also the same stile till the 13 of his Reign Edward and then having and Challenging a Just Title to all France he left out the parts of it before mention'd and stil'd himself Dei Gratia Rex Angliae Franciae Dominus Hiberniae not adding Tertius Richard and Henry not adding Secundus or Quartus stil'd themselves like Edward the 3d. from the 13 of his Reign Henry not adding Quintus us'd the same stile till the 8th of his Reign and then writ himself Dei Gratia Haeres regens Franciae Dominus Hiberniae Henry not adding Sextus being Crown'd King of France in Paris wrote Dei Gratia Rex Angliae Franciae Dominus Hiberniae Edward Richard and Henry not adding Quartus Tertius vel Septimus stile themselves Dei Gratia Rex Angliae Franciae Dominus Hiberniae Henry writ also the same till the 10th of his Reign as I said and then and not before he added a Numeral word to his Title and so made it Henricus Octavus Dei Gratia Rex Angliae Franciae Dominus Hiberniae Now as to the Additional Titles to Henry the 8th after his 10 years they Consisted of so many varieties that I shall refer them to the 7th Chapter of this Treatise Section the 11 As also the Titles of Ed. the 6th Q. Mary Q. Elizabeth K. James and K. Charles the first In which Chapter and Section I conclude with the Title of our present King Charles the 2d viz. Carolus Secundus Dei Gratia Rex Angliae Scotiae Franciae Hiberniae Fidei Defensor viz. as in the Warrant And so having shown how the ten Names of our Kings from the Normans have been dignified by Kings Emperours c. Especially the Name of Charles by its Priority which is the more remarkable because that by Transposition only of its Letters it doth Anagrammatise and render it O CLARUS Anagram CAROLUS Anagram This Anagram may be applyd generally to all of that Royal Name and it may be one reason why so many Kings in Europe do at this day own that Name and possibly another reason of assuming it may be
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
and die in that Persuasion But he did not think himself safe in carrying on so great an opposition as was like to be well knowing how the Papal Interest was dispers'd in all Kingdoms and States of Europe till he had incouraged the off-spring of the Waldenses and other opposers of Rome in France Germany and in other Kingdoms and States to revive their Doctrines as also to imbrace the Lutherans Centum Gravamina and the Calvinian Institutions and others less remarkable yet all serving to his purpose whereby in a few years after almost all Christendom was brought into a Papal and Antipapal Ballance or rather consisted of Professors of the Roman Religion and Protestors against both the Court and Church of Rome as Usurping and Antichristian 10. But on the other side the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him he made his Applications to several Kings and Princes for his assistance And at last by a more plausible way he did obtain a Council of Trent wherein it is observable That he did not think fit to move in his Point of Supremacy till after eighteen years that That Council had been sitting by Adjournments and Prorogations and then the Question was That Episcopus Locum principalem teneret à Pontifice Romano dependentem to which the opposers did so far comply that they allowed principalem Locum sub Romano Pontisice but not dependentem so after that Council had sate nineteen years in the sixth of Queen Elizabeth it was dissolved by 4 Legats 20 Cardinals 3 Patriarchs 25 Archbishops 168 Bishops 7 Abbots 39 Proctors and 7 Regulars of General Orders without Determining that Point to the satisfaction either of England or other Kingdoms and States the Dispute of which begot 7 Civil Wars in France which lasted near 40 years till within 3 years of Queen Elizabeths Death also Inquisitions in Spain and Flanders Tumults and Wars in Germany and near 40 years Wars in the Netherlands between them and Spain and for some few years Fire Fagots and Insurrections in England 11. In this Hurly Burly about Supremacy H. 8. left his Crown to an Infant Edward the 6th Ed. 6. who had the Laws against Rome corroborated and his Revenues augmented by Chappels Chantries c. enjoying them but few years and then the Pope revived fresh experiments by Queen Mary Mary to reverse all especially after she was Married to King Phillip compelling a submission to the Popes Supremacy by Fire and Fagots so as in H. 8. time and even till now upon the suddain Changes of Religion it might be said by the Historian Deus bone hic suspenduntur Papistae illic comburuntur Antipapistae but her time being short the Supremacy was once more reverst and taken up by Queen Elizabeth Eliz. who managed it with such dexterity considering the conjuncture of Affairs in this and other Kingdoms and States that it was needless for the Pope to make any open Attempts but by Mariages Foreign Negotiations and the assurances given by some of the chiefest Nobility and Gentry of the Roman persuasion in this Kingdom who were as they pretended for the Church and not for the Court of Romes Supremacy of their peaceable resolutions the Billows of penal Laws seem'd to be calmed and this Kingdom thought it self as secure as the pretty Halcion in her Nest But those who kept to Calvins Institutions in England and Scotland were finely yoak't together to a disturbance for it being insinuated to them That the Title of Supream Head of the Church given by Act of Parliament was declined and dwindled into an c. and that the Title of Defender of the Faith given by the Pope did only remain with an c. made them call to mind what was alledged in the Council of Trent That the original of Church-Government was Aristocratical and Governed by a certain number of the Presbytery and afterwards it was thought fit to put it into a Monarchical way viz. by a Bishop as Superintendent and finding that the Popes and Kings of England and other Princes had long disputed about this Ecclesiastical Monarchy without determination only in a connivance they thought it convenient to return to the Primitive way of Aristocracy and set up Presbytery that original Government as was pretended and thereupon one all cried against Bishops which bravely workt for the Papal interest the clamour proved so geat that the Learned King James did what he could by Writing to quiet them his unfortunate thought Blessed Son King Charles the First tried it by Action but without Success For the Independent Anabaptist Fifth Monarchy-Men and others coming into the Presbyters assistance he was necessitated after the Wars with Scotland upon the same grounds amongst other condescentions to yield with the Consent of the Lords Temporal 17. Car. 1. and Commons and pass an Act for Abolishing the Bishops temporal Jurisdiction in this Kingdom Now see what followed instead of making of Earls Knights and Squires and maintaining of Hospitals as was proposed to Richard the 2d as I said the Bishops were not only put out of the House of Lords but the Temporal Lords soon after and the Knights and Squires secluded from the House of Commons and the Hospitals and all ruined by an intestine Bloody War the King Sacrificed and every one of the Machineers disappointed of their original plausible intentions and in conclusion by most miraculous Turns in Assairs there was a total submission to a Reestablishment of that Form of Church and State which they had before so zealously overthrown and the Bishops again brought into the Lords House 12. I should now proceed to the Writs which impowred the Bishops to sit in the Lords House but first I think it pertinent to shew how these two Titles of Fidei Defensor Caput Ecclesiae Anglicanae were used disused and altered in theirs and other Writs Though all the Kings of England at their Coronation are Sworn to defend the Christian Faith and the words defensionem Ecclesiae Anglicanae having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope as I said for the good Service which Henry the 8. had done in Writing against Luther sent him a Bull and therein intituled him Defensor Fidei with this Caution that it should be placed next his Title to France and before his Title to Ireland and it may be observed That in the same year he sent the like Bull to the Emperor Charles the 5th intituling him also Defensor Fidei upon which the Emperor took an Oath not only to be Defensor Fidei but Defensor Pontificiae dignitatis Romanae Ecclesiae i. e. Defender of the Court and Church of Rome But Henry the 8th though he accepted the Title did not think fit to be bound by an Oath nor do I find that he stiled himself in any publick Acts Defensor Fidei till the 2.1 of his Reign and then in a
but from his insight and transacting in matters of a more transcendent nature which dayly also come before him either of Publick or Private Concerns But in all Transactions in this World there is a Right and a Wrong which latter is term'd Unjust and sometimes it may be positively judg'd to be so yet it may so happen that summum jus may do injury whereupon there is a necessity of interposing Equity lest the Wrong by Custom should prove an esteem'd Right or that Right by necessary fix'd Rules which may be safe at one time and not at another or an unlimited use or power should slide into Wrong so as the due and critical time of applying this Equity to summum jus which is gain'd by reading Law and Precedents doth still improve and exalt the Character of a wise Man 4. But because most men are either negligently or wilfully ignorant in the way of attaining these excellent Vertues the wisdom of all Governours hath by the help of these learned Professors establish'd certain Rules to direct men which the Latin call Regulae from Regere intimating the care of Governours in Exhibiting such Rules for the good of those who are under Tuition but generally such Rules are called Laws which the Latins term Leges from Legere to Read so as every man who is not careless of his own Felicity or Justice towards others may thereby be instructed to what he ought to perform 5. In ancient times when People were not dispers'd into various Regions nor into great Societies of Towns Cities and Kingdoms but consisted of some few Families or Villages it was no hard matter to transmit those Rules or Laws to one another by singing them in Meeter or some other ways of Tradition but when those lesser Societies grew into the greater forms of Government their Legislators invented a more certain way or art of communicating their just Rules or Laws by legible Characters Words and Sentences either Writ or Printed containing those Rules which as I said were originally only certain tunable unwritten Instructions and after when mens dispositions grew more and more deprav'd there was something of Coertion added to those Laws which Coertions or inflicting of Penalties for disobedience to those Laws increas'd with the increase of unconformable tempers and herein there is nothing so great an argument of a wise and good disposition as when he makes it his study to satisfie himself and thereby able to inform others in the knowledge of such Laws or Rules as may make our Lives in this World happy and conscientious which can no ways be obtain'd but by knowing and obeying good Laws 6. For these are they as the learned Sir John Davies says to which all Kingdoms and Common-wealths are indebted for all their temporal blessings of Peace Plenty Civility and all moral parts of honesty By these saith he we injoy our Relations Lands Goods good Names or what ever is sweet or dear unto us for quid sunt Regna nisi magna latrocinia sine Justitia Legibus the Land would be full of Thieves the Sea of Pyrats the Commons would rise up against the Nobility the Nobility against the Crown without these there would be nothing certain no Contracts no Commerce no Conversation but Confusion and even Dissolution of Human Society for good Laws are Comforts to the Griev'd Counsels to the Perplex'd Reliefs to the Circumvented Preventions of Ruin to the Improvident Preservations to the Innocent Supports to the Impotent they Relieve the Oppress'd protect the Orphan Widow and Strangers they are Oculi Caecis Pedes Claudis Cures for lame and blind To sum up all they are the Secular Arms to defend both the Church True Religion and the Common-Weal of the Kingdom or State 7. For these reasons the Successive Kings of this Island have constantly as rewards set such a mark upon those who are Professors of the Laws and whose study and experience in Laws have attain'd to so great a sagacity as to know how to apply them to the publick good that the chief of them is made Lord Chancellor or Lord Keeper of the Great Seal of England of whom I have spoken who for the most part hath been a Professor of Divinity Law or Equity the next of whom I am now to treat is made Chief Justice of England his very Title Justice rendring him in one sence even Superior to the Law it self for the Law it self is but Lex tacens but he that distributes that Law is Lex loquens 8. This Title of Justice given also to every one of the twelve Judges or chief Dispensers of Laws is so ancient that in former times they were call'd Justitiae as containing that vertue not only in the singular but in the plural number and afterwards they were call'd Justitiarii Angliae and Justitiarii without addition of Angliae and after Justitiarii Regis which last Title was to the four Justices of the Kings Bench the chief of which four was anciently called Summus and at this day Capitalis Justitiarius Angliae which generally we term in English the Lord Chief Justice of England there was also anciently another sort of Justitiarii ad placita applyed only to the four Justices of the Common Pleas the chief of which was and is to this day also called Capitalis Justitiarius omitting Angliae and which we in English term the Lord Chief Justice of the Common Pleas. And to ease the People from going for Justice to them these Justices did go to the People to distribute Justice These Motions in process of time were call'd their Circuits because they did in a manner go round the Kingdom and for these Motions they were called Justitiarii Itinerantes Justitiarii ad Assisas Juratas Certificationes There were also anciently another sort of Justitiarii which it may be for distinction sake were called Barones Scaccarii consisting also of four and this Title is applied only to the Exchequer where their Justice was to be shewn in the management of the Revenue of the Crown and these four also were and are constantly mixt with the other Eight in their Itineranciis in all making Twelve 9. And for further Honor to these Eminent Professors as well out of Parliament as in Parliament they have peculiar Courts as Regalias allotted to them wherein they have daily opportunities to manifest their Wisdom These Professors I divide into three Orbs and their Courts accordingly viz. to the Lord Chancellor or Lord Keeper the Court of Chancery to the Lord Chief Justice of England the Court call'd the Kings Bench to the Master of the Rolls or Keeper of the most eminent Office of Records the Rolls Chappel in the nature of a Court to the other Lord Chief Justice the Court of Common Pleas to the Lord Chief Baron the Court of Exchequer and these are the five Courts or Regalias belonging to five of the first Orb of that Profession yet not excluding the other Nine so as The second Orb
quod constituimus Matthaeum Hale Militem Capitalem Baronem Scaccarij nostri duran ' bene placito Teste c. Scaccarius being that which we call Exchequer But his Writ of Summons to a Parliament is with this addition Dilecto Fideli Matthaeo Hale then as in the Exemplar Writ omitting Durante hene placito and so in all the Assisting Writs because the continuance of a Parliament as I said is but Durante Placito Regis therefore needless to insert it Observations THIS Chief Baron hath four more Barons to assist him in his proper Court of the Exchequer whereof the puisne or youngest made Baron of the four is not an Itinerant Justice nor accounted in the number of the Twelve Judges 2. These Barons are not such as are before mention'd of the next Degree to Viscounts in the Lords House nor such as are meerly Barons by Courtesy or Barons of Court Barons or Barons of the Cinqueports of whom I shall speak more when I treat of them in the House of Commons but are great Officers of Justice and so his Writ calls him Baro Scaccarij or Baron of an Officiate Place but the Writ to the noble Baron before mention'd is to an Hereditary Place viz. Johan Nevil Baro de Abergaveny and so to others of that Degree 3. Some think they were call'd Barons because the Court of Exchequer was anciently manag'd by noble Barons but as Okham saith that these Barons were to be Majores Discretiores c. being either cull'd out of the Clergy or Laity or the Kings Court and for many ages the chief of these five Barons was call'd as now both in his Patent and Writ Capitalis Baro and generally is Intitled the Lord Chief Baron the other four Barons do assist him in all matters between the King and his Subjects in cases properly appertaining to Assize Exchequer or the Kings Revenue 4. He is the chief Judge of that Court in matters of Law as also of Informations of any abuses therein and of Pleas upon them and solely gives order for Judgment wherein the Lord Treasurer thinks not fit to concern himself 5. He alone without other Barons in Term time Sits in Afternoons at Guild-hall upon Nisi prius upon cases which arise in London and cannot be dispatch't in the Mornings he takes Recognizances of Debt Appearances and Observances of Orders he takes the Presentations of all Offices unto himself and causeth an Oath to be given to the Lord Mayor of London He takes Audits Accounts c. in his absence and sometimes to ease him the second and third Baron hath the like power and the fourth takes the Oath of Sheriffs and as I said the three first of the five have constantly their Writs of Summons to a Parliament yet the fifth is also of good use in that Office but hath no Writ of Summons as the other 6. That which is most observable of this Court is that all Cases of great difficulty in the Kings Bench or Common-Pleas are still Adjourn'd to the Exchequer Chamber and there with the Barons Debated Argued and Resolved by all the Twelve Judges whereof the four first Barons make four of the Twelve 7. This Court consists of two parts the upper Exchequer and the lower the upper is that wherein these Barons do execute their Justice but herein the Lord Treasurer as Supervisor may Sit as oft as he pleaseth however once in every Term he seldom fails to Sit and hear Matters but the lower Exchequer is chiefly under the care of the Lord Treasurer the Offices of upper and lower being distinct yet both of them considered jointly under the Title of the Exchequer do include eight Courts or Offices viz. A Court of Pleas in some manner like the Kings Bench and Common-Pleas Secondly The Court of Accounts Thirdly The Court of Receipts Fourthly The Court of the Exchequer Chamber being for the Assembly of all the Judges of England as I said for Matters in Law for special Verdict Fifthly The Court of Exchequer Chamber for Errors in the Court of Exchequer Sixthly The Court of Exchequer Chamber for Errors in the Court of Kings Bench Seventhly The Court of Equity in the Exchequer Chamber Eighthly That which was but is not now call'd a Court yet is an Office much of the same nature and of as great concern as some of the other Intituled the Remembrancers Office of the first Fruits and Tenths who takes all Compositions and makes out all process for such as do not pay the same so that the business of this Court and inclusive Courts and Offices doth imploy above 200. Officers and Clerks 8. From which may be computed what variety of business this Court doth afford to a Parliament though not in the troubles of Summoning it yet by bringing in and issuing out of Money which are the Nerves of a Kingdom and Arteries of a Parliament so as the Progresses of this and the inclusive Courts do occasion more Debates in Parliament than what ever do arise from the Chancery Rolls Kings Bench or Common-Pleas Having done with the first Orb or Rank of Degrees of such Professors of the Law as are Summond to Parliaments consisting of five viz. Lord Chancellor Lord Chief Justice of the Kings Bench Master of the Rolls Lord Chief Justice of the Common Pleas and Lord Chief Baron I shall proceed to the second Orb or Rank of Degrees usually Summon'd and these are three Justices of the Kings Bench three Justices of the Common Pleas and three Barons of the Exchequer whose Writs are also Consimilary to that of the Lord Chief Justice of the Kings Bench. The Consimilar Writ to the three Justices of the Kings Bench. EACH of these Justices have their distinct Patents in these words 1. Carolus c. Omnibus c. Sciatis quod constituimus c. Tho. Mallet Militem unum Justitiariorum suorum ad placita coram c. Teste c. 2. His Parliament Writ hath also the same words in the Dative Case Vni Justitiariorum suorum 3. Tho. Twisden Miles had his Patent and Parliament Writ in the same words Vnum Vni 4. Wodham Windham had also his Pattent and Writ in the same words Vnum Vni Of the Consimilar Writs to the three Justices of the Common Pleas. 1. ROB. Hide Mil. had his Patent of Constituting him Vnum Justiciarium suorum and his Parliament Writ Vni Justitiariorum 2. Tho. Tyrrill Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. Samuel Brown Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni Of the Consimilar Writs to the three Barons of the Exchequer 1. EDward Atkins Mil. had his Patent of Constituting him Vnum Baronum de Scaccario and in his Parliament Writ Vni Baronum de Scaccario 2. Christopher Turner Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. This place was vacant so but eight of the nine Judges
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
Henry continued in England from Anno 1100 with some interpositions till Edward the 6th Anno 1546. Stephanus or Stephen the 1st that made his Name famous was Stephen a Martyr for Christianity Stepten but it was not annext to any Regal Title till Anno 997 in Hungary and thence in Anno 1135 it came into England yet never fixt there but on one King And in Anno 1576 it went into Poland Guilielmus or William began first as a Regal Title in Sicily and Naples William Anno 1023 and thence and in Anno 1066 it came into England where it never fixt but on two Kings Johannes or John John the first who made this Name famous was John the Baptist and John the Evangelist but it was not a Regal Title till Anno 1118 and then the Emperour of the East assum'd it And in Anno 1199 it came into England determining in one King from thence in Anno 1222 it went to the Emperour at Adrianople And thence in Anno 1303 into Scotland In Anno 1310 into Bohemia In Auno 1350 into France In Anno 1379 Into Leon and Castile In Anno 1383 into Arragon In Anno 1387 into Portugal In Anno 1405 into Flanders In Anno 1418 to Navarr In Anno 1478 to Denmark and way In Anno 1492 to Poland And in Anno 1597 to Hungary Note that there were 23 Popes of this Name John and 10 Stephens but I here speak only of the Regal Names of Secular not Ecclesiastick Princes and it may be observed that none of the Popes have taken on them any of our 10 Regal Names Except John and Stephen Richardus or Richard Richard was not a Regal Title till Anno 1189 and then it came first into England and continued with some interpositions till Anno 1485 when Hen. the 7th came to the Crown nor was the Name of Richard either before or after those years fixt to any Regal Title in Europe unless Ricarodos in Spanish do signifie Richard in English Jacobus or James James not medling with Jacob the father of the Twelve Patriarchs or James the Apostle but upon a Regal account it was not fixt to any King till Anno 1213 then it began with the King of Arragon Thence in Anno 1286 into Sicily and Naples In Anno 1423 to Scotland In Anno 1603 to England given a Title to that happy Union of England and Scotland by King James Maria or Mary Mary had the suprem Honour to be Mother of our Saviour but it was not annext to any other Regal Title till Anno 1310 in Hungary and from thence Anno 1476 to Flanders Then in Anno 1542 to Scotland And in Anno 1553 to England Elizabetha or Elizabeth Elizabeth had the Honour to be Mother to John the Baptist but was not annext to any Regall Title till Anno 1438 in Hungary and from thence Anno 1538 it came into England Thus having trac'd the Perambulation of their Ten Names through most parts of Europe I shall pass to the next Epithet in the Kings Title viz. Secundus or Second Second and see when a Numeral Appellation was first made Titular to our Kings and here it may be observed that our Kings had Anciently Adjuncts to their Christian Names to distinguish them from others of the same Name as Edward the Elder Edward the Confessor in the Saxons time and in the Normans William the Conquerour and William Rufus and after him other Titles signifying their tempers but not Numeral till Henry who was the 8th of that Regal Name in England and he in the 10th year of his Reign did first begin to write himself Numerally Henricus Octavus And after him Edward his Son did write himself Edwardus Sextus and ever since in our Histories and Records where there hath been since William the first two or more Kings of the same Christian Names the Numeral Appellation is added and there upon our present King Stiles himself in all Writs and Warrants as well Parliamentary as otherwise Carolus Secundus or Charles the Second Gratia Dei by the Grace of God Grace of God Neither the Letters D. G. denoting Dei Gratia nor the words Dei Gratia or the Grace of God were used as Adjuncts to our Kings Titles till William Rufus his time and after that there were some intermixtures as Sr. Edward Coke saith but according to Mr. Speeds Medals and some others the Letters D. G. and the words Dei Gratia were first us'd by Edward the Confessor King and constantly after William Rufus by every succeeding King without omission King or Cuning according to the British or Saxon Dialect signifying the same with Rex and is not us'd in any Parliamentary Writs nor in any Circumscription of our Coins but Rex being a word as Ancient as the Latine Tongue is us'd in all our Writs as well Parliamentary as Judicial and may be traced in our Coines from the begining of our Saxon Kings to the Danes with addition only of the Christian Name and then also Canutus the first of the Danes here Stil'd himself only Canutus Rex and others who succeeded him and Edward the Confessor the fourth Danish King and 37 Monarchs of England sometimes wrot Edwardus Rex sometimes Edwardus Anglorum Rex and sometimes Edwardus Anglorum Basilicus according to the Greek word for King so as the word Rex did goe along from the Britains to the Romans Saxons and Danes Herald the last of that Race and those before him writing only Rex with their Names and so when the Normans Entred William the first Stiled himself only Willielmus Rex and so did the succeeding Kings seldom using the word Basilicus till King James time As to the Etymologies and Originalls of these and other words in this Title I shall leave them to my Annotations England but sometime our Kings wrote Rex Angliae and some times Rex Anglorum ever from Edw. the Confessors time Now what Anglia or England contains every Geographer tels us that it is surrounded by the sea Except towards Scotland and as to the diversity of Names several Chronologers tell us that it was Anciently call'd Albion by the Greeks Iniswen by the Welch Poets Insula Caeruly Insula Florum by other Poets and Britannia by the Greeks and Romans Romania Valentia only by the Romans Angleand England and Britain by the Saxons but when the Saxon Heptarchy was United under King Egbert he by his Edict Anno 819 ordain'd it more solemnly to be call'd Britain containing England Scotland and Wales yet notwithstanding this Edict it was sometimes call'd Albion sometimes Britain and sometimes England and these various Appellations were us'd as appears by History under Ten successive Kings after that Edict and then King Canutus the 10th King from Egbert and the first of the Danish Race fixt the Name of England that Name hath continued ever since according to the English dialect and Anglia according to the Latine considered