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
on a special account of Absence and then it was performed by one of the Chief Justices 5. But to pass these being more fully shewn in my Annotations I do not find in any of the Clause-Rolls or in the Pettibag-Pawns that a Chancellor or Keeper had any distinct Writs of Summons to a Parliament till the 28. of Eliz. when Sir Tho. Bromley Knt. being the Queens Sollicitor was made Lord Chancellor and Summoned by a distinct Writ in the same Form as is hereafter set down which very Form hath continued ever since And in the 35. of Eliz. Sir John Puckering being but Serjeant at Law was made Custos Sigilli and had a particular Writ of Summons to that Parliament and in the 39. of Eliz. Sir Tho. Egerton Knt. being then Master of the Rolls was made Custos Sigilli and had this assisting Writ of Summons for that Parliament and the like in the 43. of her Reign and so in the 21. of King James and in the First of Caroli Primi particular assisting Writs were sent to the Bishop of Lincoln in these words Reverendo in Christo Patri praedilecto fideli Consiliario nostro Joanni Episcopo Lincolniae magni sigilli Angliae Custodi So as he had this Writ as an assisting Writ and another Writ virtute Baroniae 6. It may here be observed that this was the only Bishop that was either Keeper or Chancellor from the First of Eliz. to this time whereas before Queen Eliz. for the most part Bishops or Ecclesiasticks did execute those Offices but whenever it was conferred upon the Laicks choice was made out of the most eminent Families as in the 26. of Hen. the Second as I said Gessrey Natural Son to Henry the Second was made Chancellor and in the 15th of King John Ralph de Nevile was made Keeper of the Great Seal and in 22. of Henry the Third Geffrey a Templer and John de Lexington were made Keepers of the Great Seal and in the 37. of his Reign his Queen upon the Kings going into Gascoine which is remarkable as I said had the Custody of the Great Seal and in the 45. of that Ring Walter de Merton was made Chancellor and in the 49. of that King Thomas de Cantilupe was made Chancellor and in the 53. Richard de Middleton made Custos Sigilli and in the 56. John de Kirkley and Peter de Winton made Keepers of the Seal and in the 2. of Edward the Third Henry de Bughersh made Chancellor In the 14. of Edw. the Third John de St. Paul made Keeper of the Seal in the same year Sir Robert Burgtheire Knt. made Chancellor and Keeper of the Seals and the like in the 15th to Robert Parning and in the 17th to Robert de Sadington and in the 19th to John de Offord and in the 20. to John de Thoresby In the Records of the same year it is said that Sir Lionel Duke of Clarence the Kings Son then Lord Keeper of England gave Command by Proclamation That no Arms should be worn sitting that Parliament whose name is omitted in the Catalogue of the Lord Keepers by Mr. Selden in his Discourse of the Office of Chancellor and Keeper and in the 45. to Sir Robert Thorpe and in the 46. to John Knivet and in the 2. of Rich. the Second to Sir Le Scroop and in the 6. of Rich. 2. to Sir Michael de la Pool and in the 11. of Hen. 4. to Sir Thomas Beaufort and in the 32. H. 6. Richard Earl of Salisbury was made Chancellor singly and in the 21. of Hen. the Eighth Sir Thomas Moor Knt. made Chancellor and Keeper and in the 24. of Hen. the Eightht Thomas Audley made Chancellor and Keeper and in the 36. Hen. 8. Thomas Lord Wriothesly made Chancellor and Keeper and in the First of Edw. the Sixth Sir William Pawlet Knt. Lord St. John of Basing made Keeper and in the same year Sir Richard Rich made Chancellor and in the First of Eliz. Sir Nicholas Bacon Keeper and the 21. Thomas Bromley Chancellor who continued so to the 28. of her Reign and was the first that I find as is before mentioned that had a particular Writ of Assistance and though in the Fourteenth of King James Sir Francis Bacon was Keeper in the Eighteenth of Jac. Henry Viscount Mandevile Lord President of the Council and Lodowick Duke of Richmond William Earl of Pembroke Sir Julius Caesar had jointly the Custody of the Great Seal and in the first Car. 1. Sir Thomas Coventry and in the 16. Car. 1. Sir Edw. Littleton and 21. Car. 1. Sir Rich. Lane were Keepers of the Great Seal yet we find no particular Writs in the Pettibag directed to any but such as I have before mentioned and to these which follow viz. in 15. Car. 1. Sir John Finch Knt. Chief Justice of the Common-Pleas was made Custos Sigilli and had a particular Writ of Summons to attend that Parliament 7. As to this Writ of 13. Car. 2. of which I am to treat it is to be observed that the Warrant before mentioned sent to Sir Edward Hyde Knt. and Chancellor to impower him to send out Writs was directed in these words To our Right Trusty and Well-beloved Counsellor Sir Edward Hyde Knt. Chancellor of England but in his Latine Writ of Assistance the words are Praedilecto perquam fideli Consiliario suo Edwardo Domino Hyde Cancellario suo Angliae leaving out Militi or Equiti aurato and putting in Domino and the reason of this variation as I conceive was That the Warrant was agreed on by the King and Council before the Third of November at which time he was Baron of Hindon and therefore in the Warrant he is named only Sir Edward Hyde Knt. but in the Writ Domino Hyde which is the Adjunct Title of a Baron as he then was and I find before the Parliament met he was created Viscount Cornbury and Earl of Clarendon and thereupon had another Writ in relation to those Dignities which was entered in the Pawn and the entry dated the 12th of April before the Parliament met and in the latter Writ he had also his additional Titles so that I observe that if the Chancellor or Keeper be above the Degree of a Baron he hath his Writ according to his Degree and therein only intimating his Chancellorship or Keepership as is before shewn in the 36. of Hen. the Eighth 1 Mariae c. But if he be not a Baron then he hath this Assisting Writ Quatenus Chancellor or Keeper as may be seen in the former Precedents from the 28. of Eliz. to this Writ of 13. Car. 2. If he be a Baron as I said he hath or may require a Baronial Writ besides this Assisting Writ The form of his Assisting Exemplar Writ is as follows the other will be seen among the Barons SECT VIII The Form of the Assisting Writ to the Lord Chancellor or Lord Keeper CArolus Secundus Dei Gratia Angliae
is remarkable that this William Lord Pawlet Marquess of Winchester was Exemplar in all the Parliament Pawns which are extant in the Pettibag from the first of Edw. the Sixth to the first of King James inclusive which is 55. years and was in that time Lord Treasurer 22. years which was longer than any of his Predecessors continued in that Office except Cicil who continued 27. years 1 Car. 1. Georgio Duci Buckingham for one Parliament Sir Thomas Coventry being then Lord Keeper and had a distinct Writ and Sir Richard Weston Treasurer who was then in Scotland 15 Car. 1. Johanni Marchioni Winchester for one Parliament Sir John Finch being then Lord Keeper of the Great Seal and had a distinct Writ also Will. Bishop of London was Lord Treasurer and had his Writ 13 Car. 2. Thomae Comiti Southampton for this Parliament Sir Edward Hyde being then Lord Chancellor and had his distinct Writ this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166 So from the 36. of H. 8. to this Parliament of the 13. of Car. 2. there were three Exemplars to Three Barons Two of them being Chancellors and one Lord Keeper and to Two Marquesses to one Duke and to one Earl and all these not of the Blood Now as to the three Barons having Exemplars which Degree had not any before the 36. H. 8. it may be presumed that the Exemplars were given them in relation to their Offices as Lord Chancellor or Lord Keeper or President of the Kings Council And as to the two Marquesses having Exemplars who had not any till the 6. of Edw. 6. one was as he was Treasurer and the other in the 15. of Car. 1. only as Marquess because there was no Duke Summon'd to that Parliament and Sir John Finch was then Lord Keeper and William Bishop of London Lord Treasurer and both had distinct Writs so there was none of the three great Officers of State remaining to be Exemplars except Henry Earl of Manchester then Lord Privy-Seal who according to the fore-mentioned Act of Precedency is placed in the Lords House before all Dukes Marquesses c. not of the Blood but I suppose because there was no President wherein the Lord Privy-Seal had been Exemplar since its first Institution in the 11. of Hen. 4. and being not called Lord Privy-Seal nor that place in the Lords House allotted to him till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal but to the Marquess singly or else it was an omission in not minding the Act of Precedency These latter Writs from the 36. of Hen. 8. did seem to break the method of the former for before that Pawn of that year no Dukes or Marquesses were made Consimilars where an Earl was made Exemplar but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar and the Duke of Norfolk then Lord Treasurer of England and Charles Duke of Suffolk the Great Master of the Kings Houshold and President of the Council were besides the Marquess of Dorchester and Thirteen Earls and Twenty eight Barons made his Consimilars so as the precedency of his Exemplarity must be ascribed to his Chancellorship which according to the Act of Precedency was to be before all Dukes c. not of the Blood and upon the same reason Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper had the Exemplar Writ and the Duke of Somerset though the Kings Uncle Governor of the Kings Person and Protector of England as also the Marquess of Dorchester and Marquess of Northampton and Thirteen Earls and Thirty Barons were his Consimilars which is the only President which I know of where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Bloud and upon the like reason as I conceive in the 6 of Ed. the 6. William Marquess of Winchester being Lord Treasurer the next in Precedency to the Lord Chancellor by the Act of 31. H. 8. had the Exemplar to two Dukes one Marquess Fourteen Earls One Viscount and Thirty one Barons all which were his Consimilars and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor was because Thomas Goodrick Bishop of Ely was then Lord Chancellor and so it was not proper for that Bishop to be Exemplar for the reasons before alledged Now in the first Car. primi Thomas Coventry being Lord Keeper and having a distinct Writ the Duke of Buckingham had the Exemplar who had one Marquess Thirty seven Earls Eleven Viscounts and Fourty seven Barons to his Consimilars Also in the 15. Car. 1. John Marquess of Winchester Son to the former Marquess of Winchester was made Exemplar Sir John Finch being Lord Keeper who had a distinct Writ and William Bishop of London being in Scotland but he had no Duke or other Marquess but Fifty eight Earls Five Viscounts and Forty four Barons his Consimilars and so reduced the proper Consimilars to its former method But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer Grandchild to the former Earl of Southampton altered it again there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor for this Earl had three Dukes one being General Four Marquesses Fifty five Earls Eight Viscounts and Sixty eight Barons his Consimilars I conceive as Lord Treasurer for according to ancient Practice as I have shewn an Earl had not any Dukes entred as his Consimilars The number of all the Exemplar Writs extant from the 15. of Edw. the 2d in An. 1322. to the 13. of Car. 2di An. 1661. are but Twenty and but Fourteen Kings from whom they were granted The number of the Parliaments in which the Nobles did Sit to whom such Exemplars were issued were 107. and these 107. Parliaments were in the space of 341. Years As concerning the years when these Exemplars were first issued to the respective degrees of Nobles before mentioned they are in this order of time 15 Edw. 2. This first Exemplar Writ as I have shewn was to an Earl and 〈◊〉 was of the Bloud viz. to Edward 〈◊〉 of Chester Eldest Son to Edw. 2. and â—â—â—ter King Edw. the 3d. for there was then no Duke in England 3 Edw. 3. The first Exemplar Writ to a Prince of the Bloud was to the same Earl being then made Prince of Wales 37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year though the first Duke in England distinct from that of Earl as Mr. Selden saith was the Eleventh of Edw. 3d. and then Edward the Kings Eldest Son was in Parliament created Duke of Cornwall yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when saith he he was created Prince of Wales Duke of Aquitain and Cornwall which agrees with the Records of the Tower and
Signet and hath four Clerks to attend its Office the other the Privy-Seal and hath also four Clerks to attend its Office and the third is call'd as I said the Great Seal and hath properly six Clerks to attend it but increas'd to many more The Privy Signet is under the Custody of the Chief Secretary of State the Privy Seal under the Custody of the Lord Privy Seal and the Broad Seal under the Custody of the Lord Chancellor or Lord Keeper so as most matters which concern a declaration of the King's pleasure in writing do take their rise from the Privy Signet and from thence transmitted to the Privy Seal and from thence to the Great Seal to receive its determination 5. But to pass by all private or publick Matters about which these three Officers are concern'd this is certain that the Clerks of these three Offices excluding none in some form or other are concern'd in the Warrants and Writs c. for the Summoning every Parliament 6. When the chief Officer of this Office did pass under the Title of Keeper or Clerk of the Privy Seal most of them were Ecclesiasticks yet having this Office he had his Writ of Summons and Place in the Lords House as may be collected from the Rolls of 15 Edw. 3. when Sir William Keldsly was Keeper of the Privy Seal and 20 Edw. 3. when Mr. Jo. Thoresby was call'd Clerk of the Privy Seal and from 28 Edw. 3. when Sir Michael of Northumberland was Keeper of the Privy Seal Sir being an Epithite given in those days to the Clergy and still in use in the Universities for Batchelors of Arts and from 11 R. 2. and 1 2 H. 4. when Sir Richard Clifford was Keeper of the Privy Seal and these had Writs and from 3 4 H. 6. a Writ was expresly sent Magistro Willielmo Alrevill Custodi privati sigilli and from that time the Rolls and Pawns which speak of them are dormant or wanting to the Pawn of 30 H. 8. when the Writ to John Earl of Bedford is there entred Castos privati sigilli and he being so in 31 H. 8. when the Act was made his Precedency was setled as is therein shewn and there first intituled Lord Privy Seal and so this Officer hath continued in that additional Title of Lord to this time However in the Latin Writs he is styled only Custos privati sigilli without the addition of Dominus and so in the very Pawn of that year and in 36 H. 8. and is no more mention'd in any of the Pawns till 6 and 7 Edw. 6. when John Earl of Bedford was still Custos privati sigilli and from that time those Pawns which are extant do not mention that Officer till 1 Car. 1. when Edward Earl of Worcester was entred Custos privati sigilli and 15 Car. 1. when Henry Earl of Manchester was Custos privati sigilli and had their Writs but in this Pawn of 13 Car. 2. none is mention'd and yet the Lord Roberts was then Lord Privy Seal so as it was an omission of the Clerks as I conceive 7. Most of the Keepers of the Privy Seal as I have observ'd were Ecclesiasticks before 30 H. 8. but since that time this Office hath been conferr'd only upon such as were Temporal Lords above the degree of Barons and not under 8. This great Officer hath also an appartment near the Lords House for his accomodations and sometimes us'd for the Lords Committees as will be shewn 9. These four last mention'd are plac'd in this order in the Lords House whether or not they be of any of the Noble Degrees John Lord Roberts of Truro Lord Privy Seal was Summon'd by Writ of Feb. 1661. See Chap. 2. SECT X. Of the Lord Great Chamberlain of England THE five foregoing Officers of State viz. Vice-Gerent Chancellor Treasurer President and Privy Seal were anciently chosen out of Ecclesiastick Degrees but those which I am now to speak of except the Secretaries being for the most part also Clergy-men were chosen out of Laicks persons of the greatest Merit Fortunes or Families and had their Places as they were annext to the Degrees of the Nobility 2. The learned Institutor saith that if the King gave Lands to a man to hold of him to be Chancellor of England Chamberlain of England Constable of England Marshal of England or High Steward of England c. these Tenures were call'd Grand Sergeanties and these and such like Grand Sergeanties were of great and high Jurisdictions some of them concerned matters Military in time of Wars and some services of Honour in time of Peace 3. This Officer ever was and still is in great Veneration and Use and I conceive though now most of his Imployments are about the King's Court yet the word Camerarius which we call Chamberlain was like to that among the Romans call'd Comes Aerarij and had such relation to the Treasury of the Kingdom as the Chamberlains of London and the Chamberlains of the Palatines of Lancaster and Chester have to their distinct Treasuries of which I shall speak more fully in order as also in my Annotations and I apprehend that these great Officers need not Writs because it is requisite these should be always attending on the Kings Person but when they are otherwise commanded to his Imployments in their Offices and there is scarce any of them especially this but are so glutinated to some Noble Person that it cannot be said whether the Writ be more in respect of the Office or Person that Manageth that Office 4. This Office was injoy'd for many Successions by the Earls of Oxford till Richard the Second by violence took it away the House of Commons 1 H. 4. pray'd the King that it might be restored to Richard then Earl of Oxford being as it was then alledged his due Inheritance yet in 1 H. 6. that King granted it to the Duke of Glocester the 36th of Hen. 8. the Writ was to Edward Earl of Hertford Magno Camerario Angliae and 1 Edw. 6. to John Earl of Warwick Magno Camerario Angliae Afterwards by a Match it was hereditated to the Family of the Berties who after some disputes about the Title did sit in Parliament in the time of Charles the First and this Parliament as Earl of Lindsey and Lord great Chamberlain of England whereby one part which his Lordship is to act as his Predecessors had done is to take care that all things be provided in the House of Lords that may suit with the Grandeur and Conveniencies of the Persons who are there to be imploy'd and for that and other purposes he hath also an Appartment near the Lords House as will be shewn 5. Montague Bertie Earl of Lindsey Lord Great Chamberlain of England was summon'd by Writ Feb. 18. 1661. See Cap. 2. SECT XI Of the High Constable of England IT may be well suppos'd that Constabularius Angliae was instead of Comes stabuli amongst the old Romans which
the Second to make Robert d'Vere the first Marquess of England by Creation and hereby the dispute between the two Titles of Duke and Earl or Comes was setled both in the Empire in France and in England by the interpos'd Title of Marquess 2. From whence this Title is derived there are several conjectures but most agree That it comes from Marken or Mark or March High Dutch words signifying with them as with us a Mark or Limit and from thence he that was deputed Governour of that Limit or Mark which he was to take care of and preserve was call'd a Marches or Marquess and the Territory under his Jurisdiction a Marquisate and to this day the Marquisate of Brandenburgh is divided into three Marks or Marches viz. Alte-Mark or old March Heylin's Cosm the middle Mark and the new Mark or March and we in England do still call such kind of Limits by the name of Marks or Marches viz. the Marches of Wales and the Marches of Scotland which were Frontiers to be defended against the Scots and Welch and some would derive Marquess from Mare the Sea because their Marken or Limits were juxta Mare posita and the learned Selden in his Titles of Honour likes it well enough that Marquess should be derived from Marken but not Marken from Mare 3. But I must not ravil into Disputes of this Nature and therefore shall refer them to his Book and my Annotations and conclude this Section with this That as most Sir-Names are deriv'd from some significant word or words so these noble Titles without derogation to their other Titles are from some signal Action as a Duke from leading an Army a Marquess from Maris acquisitio a gaining something from the Sea or preserving something against the Sea and so of the other Titles as will be shewn and thereupon had condignal Honours conferr'd on them to testifie their Imployments which are since as Memorials of their Merits therein become hereditary 4. Four Marquesses were summon'd 18 Feb. 1661. as in the Pawn vide Cap. 2. SECT IV. Of Earls THe learned Selden tells us Obs I. as I have shewn That the Titles of Dukes and Counts or Earls were promiscuously us'd as well in foreign parts as in England till the Title of Marquess was interpos'd and it is agreed that Comes is the Latin word for Count in whatever Territory that word is us'd and that Count is deriv'd from Commitatus or County and Comitatus from Committo denoting the particular County committed to his Care and vice versa Committo begets Comitatus or County and Comitatus Comes a Count i. e. Earl Of these Counts the learned Selden reckons but 6 Sorts viz. the Single Count who hath no addition but his Christian name 2d Count Palatine from Palatium or some Palace in it 3d. Count of the Empire 4th Count of Frontiers where the Title of Marquess is also us'd instead of Count 5th Count of Provinces or Counties joyn'd which in Foraign parts are call'd Landgraves the word Grave and Comes signifying the same Title and 6th Count of Cities or Towns and these latter as in England are call'd Comites Castrenses or Burgraves or Counts of Castles or Burroughs all which are more fully describ'd in his second Book But I find that Cassiodorus in his 6th Book mentions 22 Sorts more than Mr. Selden of which 6 of Mr. Seldens or 28 of Cassiodorus we in England retain but few viz. a Count of a County as Algernonus Comes Northumbriae A Count of a City as Albericus or Awbry Comes Oxoniae or Oxford and Guilelmus Comes Novi Castri or New Castle upon Tine being both a Castle and Burrough 3. All the curiosity lies in finding out how Comes or Count happens to be transmutted into the word Earl so much different in Pronuntiation and Orthography from each other and yet as we say are the same in Substance 4. Now it being no hard matter to believe as I have shewn that Duke is deriv'd from Duco and Marquess from Mare but Earl from Comes or Count is not so intelligible but this may be said that the Saxons from whom we borrow this word Earl did use it as a word of Honour and in the same sence with Comes for they did call their chiefest Governors of Shires of which many of our Counties still retain that name as will be shewn and of Cities and Burroughs by the name of Earldermen and for a more easie pronounciation Ealderman and after Alderman and for brevity Earl and the Danes after them Earlan and commonly the Earlan or Earl had a Shire or more for his Earldom and the number of Earls increasing some had part of a Shire others some chief Town of which he was made Earl or Earldermanus and whatever other Etymologers say of which I can speak more freely in my Annotations I conceive the Dominion of those Earls were allotted near some spreading Rivers in Fenny-Countries which are to this day call'd Eas and those Inland Isles which we now write Island Sir William Dugdale and some corruptly calls Eyes were anciently writ Ealands as Rumen-ea now Rumney-Marshes in Kent and Ely an Island in Cambridgeshire is anciently writ Ealand and so Worrel Island near Chester sometimes call'd Ealand and sometimes Island and I could reckon up what I have seen in Cambridgeshire and Lincolnshire at least 40 antient Cuts and Sewers of Water which still are call'd and writ by the name of Ea viz. Boston Ea in Lincolnshire Popham Ea in Northhamptonshire signifying great Waters in those places and many more might be instanced to prove that as Marquess may safely be deriv'd from Mare as denoting one that had the guard of the inundations from Saltwaters so Earl may as safely be deriv'd from Ea or one that had the guard and care against the Inland innundations of fresh waters and some observe that this word Ea is still retain'd in most of those Counties which are intituled Shires or bordering on those Shires Shire being a Saxon word as will be shewn but in other Counties which are not call'd Shires the word Ea is scarce known so as Comes or Count was us'd in such places as were call'd Counties and Earl in such as were call'd Shires 5. This Tutelage of grounds gain'd or preserv'd from waters was so great an honour that Caius Marius who was made seven times Consul or Comes for as Selden saith Comites dici possunt Consules a Consulendo which was render'd Earl did by a Cut or Drain so secure the Inundation of Salt waters often overflowing a large Fenny County near Arles in France that in memory of so benificial a Work it was called Fossa Mariana or the Consul Marius his Drain and in Pompeys time the securing of the inundations of Freshes about 40 Miles from Rome was esteem'd to be so good Service that one of the two Consuls were usually appointed to attend the Gallick Enemy the other had the care of the
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
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