Proxies double vote when Proxie made sometimes before and sometimes in time of Parliament and how many allow'd the Antient way to be Licenced upon any petition to the King Of the Licence where to be entred Of Tacit Licences Of the form of Licences at this day for a Lord Spiritual as also for a Lord Temporal how to be return'd Of the Titles which intitle Proxors and Proxes to be such The difference of Proxe Writs before the siting of a Parliament and after Prorogations How long they continue Of their places in the Lords House CHAP. XIII Of Assistants in the Lords House The Assistants are generally professors of the Laws the vertues arising from that Profession it is the path to wisdom How call'd Laws The antient way of distributing them The benefit of good Laws in any State The Revenues Honors Profits Places and other Rewards given to the Professors of them Intituled Justices and Judges c. Divided into 3 Orbs or degrees The several sorts of Laws in which they are to be conversant of the Titles of the chief professors 1st Of the Chief Justice of the Kings Bench with general observations on his Writ of Summons to Parliaments Of his Patent and Jurisdiction 2ly Of the Master of the Rolls with observations on his Patent and Writ and Office Of the chief Justice of the Common Pleas with observations on his Patent Writ and Jurisdiction 4ly Of the Lord chief Baron with observations on his Patent Writ Jurisdiction 5ly Of the 3 other Justices of the Kings Bench 6ly Of the 3 other Justices of the Common Pleas 7ly Of the 3 other Barons of the Exchequer with observations on their Writs Patents and Jurisdictions 8ly Of the Kings Sergent at Law with observations on their Writs Patents and Imployments 9ly Of the Kings Atturney General of his Writ Patent and Imployment 10ly Of the Kings Solicitor General of his Writ Patent and Imployment 11ly Of the Kings Principal Secretaries of State of their Writ Signet Precedencies Imployments and Influence CHAP. XIV Of Accidental Writs of Summons Of Antient Writs to Justices of North-Wales Treasurers of Wales Arch-Deacons Eschetors c. and of late to several Officers of the Kings Court and to the Lord Chief Justice to supply the Lord Chancellors or Lord Keepers place in case of sickness c. CHAP. XV. Of Returns of Writs Of the manner of returning all the forementioned Writs different from the return of Writs concerning the House of Commons CHAP. XVI Of Masters of Chancery That they sit in the Lords House without Writ or Summons How they were Imploy'd antiently and how in latter times of the word Magister and how apply'd CHAP. XVII Of the Clerks of the Lords House Some by Patent sit there but none by Writ others neither by Patent or Writ but ex Officio Of the several sorts of Clerks Imploy'd in the House of Lords and in Trials of Peers c. CHAP. XVIII Of the Gentleman Usher of the Black-Rod When and how Instituted and how Imploy'd CHAP. XIX Of the Kings Sergeant at Arms. Of their Antiquity how different from Sergeant at Law or other Sergeants of their Number and nature of their Imployments both in time of Parliament and out of it CHAP. XX. A Corollary to this first part of the Constitution of Parliaments Shewing what is intended to be spoken of in the following parts of this Treatize Observations on the Names and Titles of our English Kings THe Learned Mr. Selden having bestowed an Excellent Addition to Libraries by his book of the Titles of Honour and Sr. Edward Cook thinking it a necessary part of his Institutes for a Student to be well vers'd in the several Titles of our Kings and knowing that the substance flowing from those Titles are the chief Subjects which are handled in Parliaments I think fit to give a light touch by way of Preface to the seueral words of the Title in the Kings Warrant as also in the Title of his Latin Writs which are mentioned so often in the following discourses viz. Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. Carolus Secundus Dei Gratia Rex Angliae Scotiae Franciae Hiberniae Defensor Fidei c. First It may be observed that all our Kings before and since the coming in of the Normans have been Usher'd into that Regal Dignity by their Christian Names whereof from that time we have Ten several Appellations viz. One Stephen 1 John 1 Mary 1 Elizabeth 1 James 2 Williams 3 Richards 6 Edwards 8 Henrys 2 Charles but of all these Ten Names Charles must have the Honour of Priority given to it To prove this I shall trace their Progresses through Empires Kingdoms Principalities and States under Secular Governours not medling with Ecclesiastical and first of the Name Carolus or Charles Concerning which I shall not goe so far back as Charellus Prince of Lacedemon but since Christianity was first Charles I find that the Name Charles or Carolus for they are agreed to be the same had its first splendor from Charles Surnam'd Martill a French King in Anno 714. who was the first that had the Title of Most Christian King and from whom came Caroloman and Charlemain in Anno 778 and after viz. in Anno 800 the Name of Charles went into the Empire and in Anno 1119 into Flanders In Anno 1150 into Swethland In Anno 1263 into Naples and Sicily In Anno 1310 into Hungary In Anno 1346 into Bohemia In Anno 1601 into Scotland King Charles the first being there Born And in Anno 1625 into England the same Charles being then King so as our Present King Charles the 2d Immediate Heir to Charles the 1st is the Second King of that Name in England and Scotland and that Name of Charles is the first of any of the aforesaid Ten Names affixt to any Diadem in Europe Edwardus or Edward Edward began but in the time of Edward the Elder who was the 24th King of the Saxon Race and 25th Monarch of England And he in Anno 901 gave the first reputation to it In Anno 1332 it went into Scotland And in Anno 1334 Carried into France by our Edward the third who laid Claim to that Crown And in Anno 1433 it went into Portugal continuing still in England with some interpositions of other Names till Queen Mary came to the Crown in Anno 1553. Henricus or Henry began in the Empire of the East Henry Anno 919 and in Anno 1101 came into England from thence Anno 1192 it went into Bohemia thence Anno 1206 to the Emperour then at Constantinople in Greece In Anno 1214 to the Kingdoms of Leo and Castile In Anno 1271 to the Kingdom of Navarr In Anno 1422 carried into France by our Henry the 6th who was then Crown'd in Paris King of France And in Anno 1573 it went into Poland so as this Regal Name of
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
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
Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. one who is in Doctrinam mores sacros gregis Inspector and when Bishops grew numerous it was thought fit to place one to look after them and he had the addition of Archos i. e. principalis and so call'd Archi-Episcopus or Arch-Bishop having a certain number of Bishops and their Diocesses reduced to his Province or Care so that the Arch-Bishop of Canterbury with his own Diocess hath twenty two Diocesses or Bishopricks of the twenty six within his Province and the Arch-Bishop of York hath with his own four which makes in all twenty six besides the Bishop of Man who hath no Writ of Summons Anciently these Arch-Bishops and Bishops with Abbots Priors Deans Arch-Deacons and Proctors making the two Convocation-houses were summoned to appear two days before the Temporal Lords but since Henry the Eighth's time when Abbots and Priors were excluded the Bishops are summon'd to meet the same day that the Parliament begins but as Convocation-houses they are not summon'd to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parliament and those two Convocation-houses are seldom Adjourn'd Prorogu'd or Dissolv'd in three or four days and sometimes longer after the two Houses of Lords and Commons are Adjourn'd Prorogu'd or Dissolv'd These Arch-Bishops and Bishops considering them upon a Baronial account distinct from the Convocations are entred in all Clause Rolls and Pawns next the Blood Royal except when there was a casual interposition as this last of Vice-gerent and their places distinctly set down as in this Act viz. the Arch-Bishop of Canterbury then the Arch-Bishop of York and the other according to Seniority or Antientry as the word of the Act is till the Bishops of London Durham and Winchester were as by this Act fix'd in their Precedencies to the other twenty one and yet there is another method of Precedencies us'd in the Lords House and in all Solemnities by way of counterchanging of Precedencies between the Lords Spiritual and Temporal as will be shewn These twenty six injoy their Offices of Bishops upon a Spiritual and Ecclesiastical account and therefore are call'd Lords Spiritual their Ecclesiastical serving in ordine ad piritualia These for many Ages did manage the Offices of Chancellor and Keeper of the Great Seal also of Treasurer President Privy-Seal and Secretary of which I shall speak more but since Henry the Eighth's time these five Offices have been distinctly manag'd by Laicks of the chiefest quality and merit and the Bishops in a manner circumscrib'd to the Jurisdiction of their respective Diocesses which are of a kind of mixt nature consisting of Spiritualities and Temporalities In the Lords House they have almost equal Prividledges with the Lords Temporal except in matters of Blood when in respect of their Canons they commonly withdraw themselves appointing Proxies and entring Protestation but these Priviledges are not Hereditary like the Temporal Lords but meerly Successive and their Writs are somewhat of a different Nature from those to the Lords Temporal in point of extent concerning the Convocation-houses which do make a kind of a Parliament annext to a Parliament of which I shall speak more at large But how the Bishops were Summon'd may be read in the seventh Chapter SECT VI. Of the Lord Chancellor or Lord Keeper Obs THis great Officer being not only recited in this Act but having a peculiar Writ of Assistance in this and other Pawns which the next Ten Officers following have not in respect of their Offices I shall discourse more fully of him so soon as I have given a short view of the Ten remaining to be spoken of Edward Hyde Baron Hyde and Lord Chancellor was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VII Of the Lord Treasurer of England Obs THis Officer being joyn'd also in this Pawn to the Earl of Southampton then Lord Treasurer and in former Pawns to other Degrees and being intended to be discours'd of in the fourth Exemplar and in the fifth Section of the Barons of the Exchequer I shall defer its inlargement to those Chapters Thomas Earl of Southampton Lord Treasurer of England was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VIII Of the Lord President of the King's Council Obs I THis Officer from the time of King John was call'd Principalis and Capitalis Consiliarius and so continu'd till Queen Elizabeth's time and after not us'd till once in King Charles the firsts time and ever since to the end of this Parliament the Lord Chancellor or Lord Keeper hath supply'd the duty of that Place though not the Title the difference of granting them was that one was always by Patent and the other only by delivery of the Great Seal 2. There are also other Lord Presidents which sit in the Lords House viz. the President of Wales and President of the North but being not mention'd in this Act and the latter not sitting in this Parliament I refer them to my Annotations as also other Presidents of lower Degrees as of Colleges c. SECT IX Of the Lord Privy-Seal Obs IN Edward the Third's time and long after this Office was call'd Keeper of the Privy or Private Seal distinguishing him from the other call'd the Keeper of the Great Seal afterward he was call'd Clerk of the Privy-Seal Clerk being then a Title of Eminency and Gardien del Privy-Seal and in 34 H. 8. Lord Privy-Seal 2. He hath his Office by Patent but the Keeper of the Great Seal as I said only by delivery of that Seal and 't is very probable that this Office was in imitation of that which was us'd by the Romans the Officer whereof was call'd Comes privatorum and as Cassiodore calls him the Governour of the King 's private Affairs 3. Whilst the Court of Requests was in use he was also call'd the Master of it being Master or Superiour to the Four Masters of Requests who were to receive peruse and present all Petitions to the King or to the Parliament in time of Parliament and direct the Petitioners in the right way of proceeding in their business and for want of this direction many men are ruin'd by crafty and unskilful directors and the Parliament troubled with needless applications for I conceive this Court was plac'd as will be shewn between the House of Lords and House of Commons for the Masters to sit there in time of Parliament as Tryers of Petitions to either House and were to judge whether the matter was proper for either House or any other Court which doubtless did take off a great expence of time from both Houses and from intangling them in matters which were properly relievable in other places 4. There are three forts of Seals which are chiefly us'd for publick Affairs two of them pass under the names of Privy or Private the other the Great or Broad-Seal yet for a clearer distinction one of the two is call'd the Privy
St. Peter the first Bishop of Rome before Linus as Ireneus to have Linus the First two great Fathers of that Church so that if St. Peter be first then we must account 13 to Eleutherius before named if Linus then Eleutherius is the 12th and with this computation of Ireneus most Histories do agree The first Eight of these Twelve had no other Title than Bishop till Eugenius the Ninth of that See took upon him the name of Papa or Pope and afterwards Hildebrand call'd Gregory the 7th challenged it as his sole right to be called Pope and so Eleutherius being the 4th Pope from Eugenius and the 9th in Succession from Linus did return a kind Answer to King Lucius by two eminent Persons which the Pope also sent viz. Helvanus and Meduanus and with them a Letter which may be read at large wherein in the Pope takes notice that the Old and New Testament were then in Brittain and in that Letter leaving the ordering of Ecclesiastical affairs in Brittain to the King declared him to be Christs Vicar in his own Kingdom which made King Lucius go cheerfully on and as History tells us that whereas the Archflamins had been the chief Managers of the Pagan Religion in this Isle each having one Province the King reduced those Three Provinces to Two and placed Two Archbishops therein and instead of the Flamins did constitute Bishops and so there was an amity between the Archbishops and Bishops of Brittain and the Archbishops or Popes of Rome neither of them strugling for Priority but still carrying on the work of Christianity But the Emperours of Rome declining in their power and the Pope still taking advantage of their declinations grew at last so considerable with the Emperours that they could not safely deny them any thing so that whereas the Emperors of Rome formerly had the disposal of their Popes and the Kings of Brittain of their Bishops and so other Princes in their Territories the Popes by degrees did take the power to themselves to make what Bishops they pleased to summon Councils make Decrees distribute them and enjoyned obedience to their Universal Jurisdiction that the name of Pope might be the more authentick It was used in many parts of the World besides Rome for it is said that about 300. years after Christ Nestorius the Heretick had 6000. Bishops appeared against him which were under the Government of several Popes and this was above 300. years before Boniface the 3d. Popes increasing as well as Bishops who obtained of Phocas then Emperor of Rome that none should be called Pope but the Pope of Rome and though Gregory the first his immediate Predecessor but one declared against it and many Popes before him yet Boniface having obtained this Supremacy what he did in other Kingdoms I shall omit in Brittain to make sure that none should be placed there but such as should be dependent on Rome he confirm'd Augustin a Monk the Archbishop of Canterbury being made so by his said Predecessor Gregory and soon after he and 4 succeeding Bonifaces filled up all the rest of the Bishopricks with such Foraigners or others as had a clear dependance on Rome by Promotions Stipends or Forraign Interests amongst the rest Faelix a Burgundian was made Bishop of Dunwich in Suffolk the fifth Bishoprick then in rank of which I shall speak more and so in a few years after all the Bishopricks which were then and soon after added were filled up with his dependents as also all Abbies Priories Monasteries c. and so continued to be supplied according to his appointment from Rome without any material opposition by the Kings of this Island but such as hereafter mentioned And having this Power it was no hard matter to fix themselves into all Councils within this Kingdom for in all Histories we find them as Actors therein and in respect of their Ecclesiastical Interests one of the Estates and when the name of Parliament was given to our chief Council they were methodically fix'd in the second rank of the Pawns and so in the Clause Rolls and this place in Parliament was never denied them whilst they continued here But the Pope's Power and Supremacy over this Island was ever disgusted by our successive Kings yet being back'd by so great a Temporal Prince as the Pope of Rome joyned with the Interest which by long continuance they had gained from the Emperours the Kings of this Island had little success in their struglings For wâ— see King John tried it to his coâ—â— by single oppositions without the Kingdom 's unanimous Conjunctures Aftewards Henry the Third began again and other succeeding Kings did try what Parliamentary or Municipal Laws could effect and to that end these following Laws were Enacted 7. H. 3. Henry the Third Anno 9. cap. 33. being part of the great Charter that Parliament did grant That all Patrons of Abbies which have the Kings Charters of England of Advowson or have old Tenure or possession of the same shall have the custody of them when they fell void as it hath been accustomed and as it is before declared See Coke Inst 2. Henry the Third Anno 9. cap. 36. being also part of the great Charter the Parliament did grant That if any Man should hereafter give Lands to a Religious House the Grant shall be void and the Land forfeit to the Lord of the Fee and in corroboration and Inlarging of this Statute many other Laws were made 7 Ed. 1. and by 18 Ed. 3. 15 R. 2. and 23 H. 4. called the Statute of Mortmain Edward the First Ed. 1. Anno 35. cap. 1. made the Statute de Asportatis Religiosorum wherein it is declared That the Monasteries Priories and Religious Houses in this Realm were founded by the King and his Progenitors and by the Noblemen and their Ancestors and that no Abbot c. shall lay any Tax on any Religious House to send the same beyond Sea or carry any Goods with them out of the Kingdom and that no Abbots being Aliens shall impose any Tax c. Edward the Second Anno 9. Enacted Edw. 2. That the King by his Letters may absolve Excommunications where they were made in prejudice of his Liberty or Prerogative to shew the King's Power above Ecclesiastick Censures of the Pope and this may be of great Use Edward the Third Anno 25. Edw. 3. That the King went on further by Act of Parliament forbidding under a Praemunire all applications to Rome for obtaining any Ecclesiastick Preferments or in Suing to the Court of Rome for Reversing any Judgments Richard the Second did back this Statute with several other Statutes Rich. 2. viz. in Anno 3. cap. 3. and Anno 7. cap. 12. 15. and Anno 13. cap. 2 3. and Anno 16. cap. 2 5. and in these same Parliaments the Archbishop protested against the Pope's Authority in England And good reason for it as Sir Richard Baker in his History
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
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
Conquerours time there have been 62 Archbishops and Bishops employ'd in these Offices and from the first Institution of Treasurer in William the 2d's time to Ed. the 4ths time there have been 42. Archbishops and Bishops Treasurers but from Ed. the 4th's to this time no Bishop hath been Treasurer except William Archbishop of Canterbury in Charles the 1sts time then Bishop of London they have been also Chief Justices c. But for other Offices in respect I find them not mention'd in any of their Writs of Summons to Parliaments as additional Titles I shall not make any further inquiries but indeed anciently most of the Judicial Offices in the Kingdom or State were under the Care and Management of the Clergy and therefore the Chancellor Treasurer Privy-Seal c. were called Clerici or Clerks as a distinction from the Laity And being men generally of the greatest Knowledge and Learning were thereupon chosen into Offices of the highest nature 16. That though for many Ages before the end of Hen. the 8th's Reign the Bishops were then of the Roman Religion yet whenever they had the least encouragement from the present Kings of England and sometimes without it they still oppos'd the Superintendency and Supremacy both of the Church and Court of Rome as to the Dominions of the respective Kings of England protesting that the same was a destruction of the Realm and Crown of England which hath always said they been Free and hath no earthly Sovereignty but onely God in all Regalities as may be seen in the Parliament Rolls of Rich. 2d Hen. the 6th and in other Kings Reigns and since Hen. the 8th the Bishops and Clergy under them have been almost the only Bulwark against the Storms and Incroachments of Rome upon us 17. It appears by a long concatenation of Records that they have had these various Titles of Honour viz. in the Latin Records Archiepiscopi Episcopi Praelati Pares and in such Records as are writ in French or English Archevesque Evesque Archbishops Bishops Prelates Peers Grantz Grandees or Great ones in distinction of the Lesser Peers or House of Commons of which I shall speak more also Seigniors singly and Signiors du Parlement also Lords and Lords Spiritual and Barons claiming onely a Vital Feudal Tenurial and not Nobilitated Peerage in distinction of the Lords Temporal whose Peerage is Personal Hereditary and Nobilitated 18. Though they absent themselves from the House of Lords upon Tryals of blood yet it was and is still in obedience to the morality of the Canon-Laws for though those Canon-Laws were practised in times of Popery yet the reasonableness and conscientiousness of that Law still continues and now we are free from the bondage of Popery the Protestant Bishops still think themselves obliged to it as the Papal Bishops were before like the 4th Commandment which still morally obligeth Us as formerly it did the Jews yet where they do absent themselves in Cases of blood it is done by leaving Proxy or protestation of their Right of Sitting c. 19. And lastly it may be very well observed though their influence and Interest upon a Spiritual and Temporal account is spread over this whole Kingdom their Revenues great and thereby their Tenants Officiates and Dependents very numerous yet I do not find in Histories that the Bishops of England did ever raise an Army to justifie their interest against any of our Kings or against the other two Estates of Lords Temporal or Commons by Sword or Force but still supported it by their Pen or Prayers 20. Thus I have given an account of the Managers of Religion in this Island and of the Writs whereby they were Summon'd to Parliaments and of other great employments wherein they have been intrusted of a mixt nature part Civil and part Ecclesiastick and both tending to Religious Duties I should now proceed to the Writs which concern Abbots and Priors which till the 36. Hen. 8. were ever entred next the Bishops in the Clause-Rolls and Pawns but there having been no Writs directed to them since the said 36. of H. the 8th except two in Queen Mary's time one to the Abbot of Westminster the other to the Prior of St. John's of Jerusalem I shall follow the Method of the Pawns since the said 36th year referring the Discourse of them to the Chapter of Dissolutions and here proceed to the third Exemplar Writ viz. to the Lord Chancellor being the first Officer of State and Principal Assistant and now annext to a Barony and after to his Title of Earl as will be shewn CHAP. VIII The Third Exemplar of the Lord Chancellor or Lord Keeper AMongst the Romans this great Officer was called Actuarius Scriba Notarius Principis praesentis Vicarius Cancellarius and so it came into France and amongst the Saxons it had the name of Referendarius but in England we do not find this Title of Chancellor till the first of King John An. 1199 though Lambert and others derive it from Edward the Confessors time This Officer continued in so high an esteem that in the 5th of Richard the 2d The Commons in Parliament in their Exhibits to the King desired that the most wise and able man in the Realm might be chosen Chancellor which made Budaeus one of Hen. the 8ths Orators to give this Description Hunc saith he rerum omnium cognitione omni Doctrinarum virtutumque genere instructissimum ornatissimum ingenioque ad omnia versatili omnia in numerato habere oportere fatendum est This Discription is also to be applyed to the Keeper of the Great Seal which invention of a publick Seal as it was more ancient with the Romans so it seems to be very ancient with us in England that Office being Constituted by William the Conquerer in the Year 1067. and for the honour of both as it is shewn in this Section Geffrey a Natural Son to Hen. the Second was Chancellor and the Queen to Henry the Third was Keeper of the Seal 2. These two Offices were sometimes kept distinct and sometimes united in one Person till the Fifth of Queen Eliz. and then it was Enacted That both those Offices should be accounted but as one and the same and that hereafter both should not be used at one time by distinct Persons 3. Whilst they were distinct they had two Seals the Chancellors was of Gold and the Keepers of Silver the Court esteemed Officina Regis and the Seal Clavis Regni but whenever they were either united or distinctly executed still this high Office was managed by Archbishops or Bishops or by the most eminent Laicks for Learning Integrity and Abilities as may be seen by comparing the History of them with their Catalogues 4. To manifest their Eminency it is evident from the Rolls that in the opening of all Parliaments the Lord Chancellor or Lord Keeper did constantly by the Command of the King shew them the reasons of Summoning them unless in a Vacancy or