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
of God King of England Scotland France and Ireland Defender of the Faith c. To Our right Trusty and well beloved Counsellor Sir Edward Hide Knight Chancellour of England Greeting Whereas We by our Council for certain great and urgent Causes concerning Vs the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and Continuance of the same have appointed and ordain'd a Parliament to be holden at our City of Westminster the eighth day of May next ensuing In which Case divers and sundry Writs are to be directed forth under our Great Seal of England as well for the Nobility of this our Realm as also for the Election of Knights Citizens and Burgesses of the several Counties Cities and Burrough Towns of the same to be present at the said Parliament at the Day and Place aforesaid 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 sealed under our great Seal for accomplishment of the same as in like Cases have been heretofore used and accustomed And this Bill signed with our Hand shall be as well to you as to every Clerk or Clerks as shall make or pass the same a sufficient Warrant in that behalf Given at Our Palace at White-hall this Eighteenth Day of February in the Twelfth Year of Our Reign and in the Year of our Lord One Thousand Six Hundred Sixty and One. Observations and Proceedings on this Warrant THe King of England by his undoubted Prerogative hath and his Predecessors ever had in himself the Power of Summoning as also to appoint the times of beginning continuing discontinuing or dissolving of Parliaments This Summoning for I shall speak of the rest in order or Uniting the chiefest Parts of his Kingdom into a Parliament or Representation of the Kingdom in a less Body than it self is performed by the King's Warrant in his Name and by his Authority only as Supreme not only of his Kingdom but of its Representation and from this Warrant all Writs of Summons for a Parliament are deriv'd The Warrant is in English Sign'd by the King 's own Hand and Seal'd with his Privy Seal or Signet but the Writs are always in Latin or anciently some few in French and are Seal'd with the King 's Great Seal in his Name with a Teste of his Approbation though not manually Sign'd or Seal'd by him The Warrant is General viz. for summoning the Nobility as also for Elections of Knights Citizens and Burgesses but the Writs deriv'd from those Warrants are to particular persons of particular degrees as will be shewn The Form of this Warrant is ancient and hath had little or no variation except in the leaving out of Abbots and Priors ever since the 36 of Henry the 8th and except in leaving out Prelates and Bishops in this very Warrant whereby the Bishops had no particular Writs before the sitting of this Parliament but within three Months after for which Omission Reasons will be given in the 7th Chapter Before this Warrant was issued the King and so former Kings did advise with their Privy Council which is manifested by the Words of the Warrant viz. Whereas We by our Council yet if these words had been omitted at any time and not inserted in the Warrant the Warrant was held good and sufficient for due Summons However for publick satisfaction the words of every Writ are always Quia de advizamento assensu Concilij nostri and this Council is call'd the King's Privy or Private Council of which I shall speak more and is the King 's constant or standing Council as well in time of Parliament as when there is none sitting so as before this Magnum Concilium or Parliament is summon'd this Privy Council consults and deliberates concerning the Motives and Reasons for calling it and after such deliberations and results doth advise the King to send out a Warrant And therefore I conceive it useful to set down the Names of such as were of the King 's Privy Council when the calling of this Parliament was advis'd and resolv'd upon At the Court of White-hall Feb. 1660 1. The KING Present His Royal Highness the Duke of York His Highness Prince Rupert William Lord Arch-Bishop of Canterbury Juxon Edward Earl of Clarendon Lord Chancellor of England Hide Thomas Earl of Southampton Lord Treasurer of England Wriothesley John Lord Roberts Lord Privy-Seal Baron of Truro John Duke of Latherdale Maitland Earl of Guilford James Duke of Ormond Lord Steward of the King's House Butler George Duke of Albemarle Monk Henry Marquess of Dorchester Pierpoint Montague Earl of Lindsey Lord great Camberlain Bertie Edward Earl of Manchester the King's Chamberlain Montague Aldjernoone Earl of Northumberland Piercy Robert Earl of Leicester Sydny Charles Earl of Berkshire Howard Thomas Earl of Cleveland Wentworth George Earl of Norwich Goring Henry Earl of St. Albans Jermin Edward Earl of Sandwich Montague Arthur Earl of Anglesey Annesly Charles Earl of Carlile Howard William Viscount Say and Seal Fiennes Francis Lord Seymour Baron of Troubridge Frederick Lord Cornwallis Baron of Ai. Anthony Lord Ashley Cooper Charles Berkley Knight and Baronet Sir George Carteret Knight Vice-Chamberlain Sir Edw. Nicholas Knights Secretaries of State Sir Will. Morrice Knights Secretaries of State After the Warrant is sign'd and seal'd by the King it is sent from the Signet-Office to the Lord Chancellor or Lord Keeper and Directions are given to the Heralds to make Proclamation at the Court-gate and Capital City of London of the King's Resolutions of which I shall speak more in the Chapter of Proclamations The Lord Chancellor c. upon the receipt of this Warrant doth issue out his Warrant also to the Master of the Rolls as the chief Clerk of the Pettibag-Office in this Form YOu are hereby requir'd forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Temporal As also for the Judges and others to appear at the Parliament to be holden the 8th of May next together with the several Writs of Election of the several Knights Citizens and Burgesses of the several Counties Cities Towns and Burroughs within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as also of the several Barons of the Cinque-Ports to serve in the said Parliament in such Method and Form and directed to such persons as are and have been usual in such Cases all which said Writs are to bear date this present eighteenth of February 1661. and for the so doing this shall be your Warrant Dated c. Upon receipt of the Lord Chancellor's Warrant the Clerks of the Pettibag by the assistance of the former Precedents of Writs and anciently by help of the Masters of Chancery and by advice with the Heralds as to Titles and true Names of Persons do fix a Schedule or digest or Forms of Writs to be issued
but of the Majores now in their Order which consist of 5 Degrees besides those of the Stem Royal of which I have spoke and first of Dukes SECT II. Of Dukes BEfore I proceed to the Writs of Summons to the Individuals of these Degrees Obs I. I shall give a brief description of the nature of them and first as for the word Duke it is the same with Dux in Latin from Duco to lead for they were antiently Leaders of Armies and thereby gain'd that Title as might be shewn from Histories and were it not for hindering my other intentions I might recite most of the Learned Seldens Authorities which he hath rendred from other Authors concerning Dukes but in short he tels us that Comes i. e. a Count or Earl was esteemed of an higher quality than Duke and that Earl was chief in Matters Civil and Duke in Matters Military but in process of time the Sword got the upper hand and prioritie of Earl and further saith that both Dukes and Earls from Substitutes to their Princes in certain dependent Territories became afterwards Soveraigns as the great Duke of Tuscany c. and the Earl of Flanders c. still owning the Titles of Dukes or Earls though they had gain'd an intire and independent Soveraignty 2. The diversity of Names attributed to Dukes both in sacred prophane and modern stories were according to the humour of the region where they sway'd for in some Nations he was call'd Princeps Magnus Illustrissimus Robustus Millenarius that is a Duke or Leader of a Thousand Men in other Countries Grave Waiward and Despot and still the words Duke and Earl promiscuously us'd to one and the same Person but whatever they were or are in foreign parts Dukes are now in England accounted the chief and most honourable Subjects and first Degree of Nobility except Princes or Dukes of the Blood-Royal and as a distinction from the rest is call'd Grace given to no other Spiritual Lord but the Arch-Bishops of Canterbury and York and to no other Temporal Lord except to the Lord High Steward pro hac vice upon tryal of Peers for the Princes and Dukes of the Blood are intituled Highness and all the other Temporal Lords Right Honourable but any of those being Admiral or General Excellence 3. The Title of Duke was very probably us'd here in England before Edward the Third's time for History tells us of Asclepiodolus Duke of Cornwal in Anno Christi 232. which was in the time of our old Britains and well might he be call'd Duke for disgarrisoning of all the Roman Holds Prideaux Introduct to Hist and for his quick Marches to London and killing the Governour thereof and for many other Heroick Actions in freeing his Country from their Servitude However there were many Dukes Created in Germany about that time But our History tells us That none was Created a Duke in England Selden Speed 's Acts. till 11 Edw. 3. An. Christi 1344. when the King in Parliament Created his eldest Son Edward being first made Earl of Chester then Duke of Cornwal and from thence that County was erected to a Dutchy or Dukedom and many more Dukes both in that King's time and almost in every Kings Reign since that time have been Created to that Title 4. The Dukes of England are of two sorts first those of the Blood Royal i. e. such as have a possibility to inherit the Crown upon a legal succession 2dly Those not of the Blood Royal i. e. such as are not related to the Succession of the Crown or at least so remote that it is not visible to meer probability and these two sorts have sat in former and in this Parliament as will be shewn 5. As they are distinguish'd in their Titles so they are also in their Coronets Robes and Habits c. with which they are invested before they enter the House of Lords which will be in the third Part of this Treatise represented in Figures 6. Here I must not pass over one observable That to this Parliament of 13 Car. 2. there were three Dukes summon'd by Writ viz. George Duke of Buckingham Charles Duke of Richmond and George Duke of Albemarle the Duke of Buckingham was then Master of the Horse the Duke of Richmond of the Blood Royal by the Scotish Line yet neither of those two appendant Titles were mention'd in their Writs but George Duke of Albemarle in his Writ is intituled Generalis exercituum suorum and is plac'd the third in that Record and the reason may be because there was no provision for that great Office in the Act of Precedency whereby to preceed all of the same degree as other degrees do being a Title not mention'd in the Act though on some occasions he preceeds by vertue of his Office the other grand Officers and so being not in the Act he is named in this Pawn the last of the three Dukes without respect to his Office of Generalship Nor do I find in any Clause Roll or Pawn the Title of General annext in any Parliament Writ to any one of the Degrees except this though History does plentifully furnish us with several persons of those several Degrees who were Generals when Parliaments were summon'd and yet as I said there is no provision in this Act for the Place or Precedency of this great Officer as there is for the Marshal Admiral c. although his great merits might well have deserv'd an additional Clause to that Act for his precedency 7. Three Dukes were summon'd 18 Feb. 1661. as in the Pawn vide cap. 2. The next Degree to Dukes are Marquesses SECT III. Of Marquesses THe third Degree of the Hereditary and fixt Nobility is intituled Marquio Obs I. and Marquess in English which began in Germany Anno Christi 925. when Henry Emperour of Germany and the first of that Name in that Empire Created Sigefred then Earl of Kinglesheim Marquess of Brandenburgh who after in the Year 1525. having the addition of Duke of Prussia did exchange the Title of Marquess to be call'd Duke of Brandenburgh However he was the first Marquess of that Empire and probably the Emperour did fix this Title between the Dukes and Earls that there might be no more disputes concerning them for the two Titles of Duke and Earl were promiscuously us'd till this Title of Marquess was interpos'd and the same reason might also occasion Philip the Fair King of France 425 years after viz. Anno Christi 1350. to insert into John Duke of Britain's Patent Vt ne posset saith the Patent in dubium revocari Ducem ipsum qui Comes fuit aliquando c. ut Ducem in posterum deberet vocari c. and the reason is therein given Selden Quod Comitatus ejus potius debet duci esse Ducatus quam Comitatus quoniam sub se habet decem ultra Comitatus and 56 years after viz. Anno Christi 1386. This might occasion also our Richard
assisting Interests to those three Estates The rest is divided into twenty Chapters with several Sections and Observations in them as followes CHAP. I. SECT I. The form of the Kings Warrant for Summoning this Parliament SECT II. Observations on the Names and Progresses of the Names of our English Kings more Especially and Prophetically of the Names of Carolus or Charles as also of variations of the words in the Titles of several Kings of England fixt in this Warrant SECT III. Observations and proceedings on this Warrant shewing the Kings Prerogative in Summoning Parliaments Of the difference between Warrants and Writs in signing and Sealing in Generals and particulars The variation of the form of Warrants Advised by the Kings Privy Council How that Council differs from the Great Council of Parliament The Warrant is first issued to the Lord Chancellor or Lord Keeper The Lord Chancellors Warrant to the Clerks of the Pettybag Of the first Digest of Writs kept there called the Parliament Pawn How these Pawns were Anciently us'd CHAP. II. A Transcript of the Pawn for this Parliament began the Eight of May 1661. Divided into twelve Paragraphs whereof the five first concern only the House of Lords the seven other the House of Commons Observations on this Pawn The reasons of placing figures on the Margent of the Pawn The Reason of the different Dates of Writs in the Pawn Why some of the Writs are abbreviated in the Pawn Of General Writs viz. Original and Judicial and of Parlimentary Writs viz. Brevia Clausa Patentia Exemplars and Consimilars The difference of the Lords Writs and Commons Writs The agreement of Writs in the Pawn Derivative Writs not in the Pawn are Equivalent to those in the Pawn Of Exemplar and Consimilar Writs viz. both in the Lords and Commons Houses The method propos'd for treating of these Writs CHAP. III. Of the Act of Precedencies divided into observations That the Act of Precedency is concern'd in the Lords House only The nature of the Act The Title of the High Court of Parliament used in that Act The Siting and calling over the Lords different from the method in the Act Why some Titles are named in the 4th Paragraph of the Act omitted in the 8th Of the Woolsacks in the Lords House Of the four degrees of State Officers which are placed by this Act. How the Pawn and Acts do disagree therein Of such as sit in the Lords House yet not mentioned in the Act but in the Pawn Of former Proceedings in the House of Lords omitted in this Act. CHAP. IV. Of the Degrees concern'd in the Act of Precedency SECT I. Of the Kings Privy Councellors Of the word Council apply'd to individual Persons and to an Assembly Of the Kings Privy Council Of several other of the Kings Councils Of the Kings Great Council or Parliament Of the Number and Quality of the Persons constituting the Privy Council Of the Antiquity of Councils Of the Nature and condition of Councellors in our Councils Elected for merit Of lesser Councils and Parliaments in this Kingdom Of the Privy Council and Parliament how sometimes mixt SECT II. Of the Princes of the Blood Of the seven degrees of the Blood Royal whose places are appointed by the Act of Precedency That any of the seven are Prior to all other degrees of Nobility That in their absence the Arch-Bishop hath precedence SECT III. Of the Kings Vicegerent Declaring the Kings Supremacy in the Church of England The great power granted to the Vicegerent in Church affairs None made since the 31 of H. the 8th but supply'd by Bishops SECT IV. Of Bishops The Antiquity of Bishops The meaning of the Word Of their Jurisdictions Of the Convocation Houses where they sit as Bishops and in Parliament upon a Baronial account How plac'd Call'd Lords Spiritual Anciently they did manage the Chief Offices of the Kingdom Of their Priviledge in the Lords House SECT V. Of the Lord Chancellor or Lord Keeper Referred to Chap. the 8th SECT VI. Of the Lord Treasurer Referred to Chap. the 9th SECT VII Of the Lord President of the Kings Council Of it's Antiquity Discontinuance and Supply Of other Lords Presidents SECT VIII Of the Lord Privy Seal It 's Antiquity and several Titles How granted Considered as Master of Requests Of his Seals and other Seals Of his Clerks concern'd in the Summons of Parliaments Of his Antiquity in Sitting in the Lords House Formerly supply'd by Ecclesiasticks now by Temporal Lords These three last mention'd Great Officers are thus Plac'd whether they be Nobles or not SECT IX Of the Lord Great Chamberlain Rais'd by Merit Had lands given to hold in Grand Sergiantry consisting of great Immunities The Antiquity of the Title Confer'd on some Noble Person whereby he sat in Parliament Made Hereditary his Employments in Accommadations for Parliaments SECT X. Of the High Constable His Antiquity since the 12 of Hen. 8. granted but pro hac vice at Coronations c. Their Power formidable to former Kings Devolv'd into Lord Marshal Of other Constables of lesser Qualities but still of gaeat use Of such of the Higher sort as were formerly Summoned to Parliaments SECT XI Of the Earl Marshal Of his Power and Jurisdiction Of the Original of the Title Of the Courts and Offices under him especially the Court of Chivalry and Heraulds A description of them Of their Employments relating to Parliaments Of the Earl Marshals Summons to Parliaments and how it became Hereditary SECT XII Of the Lord Admiral of England How the Title sprung Of his Power and Jurisdiction guided by the Civil Laws not repugnant to the Common Always plac'd in the hands of some of the Chief of the Nobility Had antiently their Sumons to Parliaments and so continue SECT XIII Of the Lord Steward Of the Orthography of the Name and Antiquity of the Office Of several Offices under that Title and particularly of the Title of this Office and of his Antient and Present Summons to Parliaments and of his Vses there SECT XIV Of the Lord Chamberlain of the Kings House Of his Authority and usefulness before in Parliaments Of Antient Presidents of Summoning him to Parliaments SECT XV. Of the Principal Secretary of State When the Act of Precedency was made he was the 12th Officer of State a Number of Esteeme the difference of his Writ when his Summons are single without annexing some Noble Degree to it CHAP. V. SECT I. Of the Decrees of Nobles From whence the word Nobility is derived Divided into Majores and Minores The Majores into 5 degrees the Minores into three the Majores makes the Lords House the Minores the Commons House SECT II. Of Dukes Duke from the Latin word Duco Dux Antiently Earls were Prior to Dukes in England How Dukes got the Priority Of the several Titles attributed to Dukes Duke and Earl promiscuously us'd And of the name Grace apply'd to Dukes in England Dukes were in England before they were formally Created The time
the effects upon our Souls but in its civil latitude and dimensions as having an influence and interest in every individual Man Woman and Child and in most of the Products of the Earth from their first Being to their Dissolution and this in all the fifty two Counties of England and Wales but for the distinction of the Civil and Ecclesiastical Jurisdiction these are comprised into a lesser number viz. of twenty six and are call'd Diocesses as being given to them from God by the hands of the King to whom they acknowledge a subordination The second Estate and so mention'd in our Laws is the Lords Temporal or rather Militial having the Lieutenancies of all the Counties of England and Wales comitted to their Trust Care and Charge and to these belong the managing of Embassies Treaties of War or Peace and all honorary Actions both Foreign and Domestick as the King who is the Fountain of Honour does usually confer upon them The third Estate is the Commons also mentioned in our Laws and this also subordinate to the King and these consist of Gentry Men of fixt and setled Fortunes designed for things of Gallantry and Hospitality and of the Yeomanry comprised under several appellations viz. Husbandmen Artificers and Labourers all driving on a Commutative Commerce as well to supply themselves as others with what the Land or Sea affords either necessary convenient ornamental or superfluous Besides these three there are three very great Interests which are not call'd Estates but Assistances and in truth they are the very Supporters of these three Estates viz. The first Religion the second Law the third Trade 1. Religion is to be managed by the Clergy of several Degrees as will be shewn some neither Freeholders nor Freemen by their winning of men with a persuasive or exemplary Power into all Pious and Virtuous Actions whereby the Souls and Minds of Men may be united to Love and Obedience and this is the cement of Vnity to the three Estates 2. The Laws are manag'd by Lawyers of several degrees some neither Freeholders nor Freemen by instructing Magistrates in their compulsory Power when occasion requires so as both the Laws of God and Man may be duely observed and that such whom the Clergy cannot invite to Piety and Virtue by Precept and Example may be compelled to it by the Rigour of the Laws and this is the cement of Severity to the three Estates 3. Trade is manag'd chiefly by Merchants some also neither Freeholders nor Freemen these give life to Industry whereby the Rich do help the Poor and the Poor the Rich and thus Trade Commerce and Industry are as necessary Cements to the Three Estates as either Religion or Law respecting only what morally concerns Justice and Obedience and this is the Cement of Prosperity to the whole Fabrick So we see that as there are Three Essential Estates so there are also Three Essential Assistances or Supportations of those Estates and without which those Estates cannot well subsist Now out of these Three Estates in general the King doth abstract a Parliament For when He gives notice of his intentions to have one he orders Writs to Archbishops and Bishops who are chiefly to manage the concerns of the Clergy At the same time He also orders Writs to such of the Nobility as He or His Predecessors have either by Patent created to that employment or otherwise invested with some right thereunto who are chiefly to manage the concerns of the Nobility and Kingdom At the same time He also orders Writs for Electing such a number of Commons out of Counties Shires Cities and Burroughs as may manage the concerns of the Commonalty and yet these three Estates thus distinctly Summoned are so admirably intermixt in this Supream Council or Parliament that these three Estates in that Council seem to have an interchangable power and check on each other in the more Safe and Wise carrying on the Affairs of the whole Kingdom considered either at Home or Abroad And as the Government of the Kingdom hath three sorts of Assistances as is before shewn so those three sorts of Assistances are disposed into three sorts of Assistants For the Bishops have a certain number of Deans Archdeacons and Proctors cull'd out of Prebends Parsons Vicars and the Clergy in general as may be Assistants to the Episcopal Interest The Nobility have a certain number of Lawyers viz. Justices of the Respective Benches and Courts of Judicature in Westminster-Hall as will be shewn cull'd out of the Profession of Lawyers to be Assistants to them The Commons have the bulk of every County contracted into Two Knights or one for each County and of Two Merchants for each City and of Two lesser Traders for each Burrough and yet the Electors of them are not so confined to the Persons Eligible but that such as they hold fit to manage such Imployment are capable to be Elected though they be not Knights Merchants or Traders yet they are confined to a set number as I said and of qualifi'd Persons as well to preserve the Honor of it as to prevent a surcharge of too great a concourse to this Assembling of a Parliament By this easie demonstration it is evident that the Lords Spiritual consisting of Archbishops and Bishops Successive but not Hereditary do Sit in the Lords House and there Represent the whole Clergy of this Kingdom The Lords Temporal consisting of Dukes Marquesses Earls Viscounts and Barons which Five Degrees by a Nobilitated Interest Hereditary and Successive do Sit there also Representing all the Nobility of those Degrees in the Kingdom The Commons consisting of Knights Citizens and Burgesses by an Elective Interest neither Hereditary nor Successive do Sit in the House of Commons Representing all the Commonalty of this Kingdom Over which Three Estates the King for the time being ever was and still is esteemed by an Hereditary and Successive Right the Supream and in the Eye of the Law the Immortal Balance of these Three Essential yet Subordinate Parts Interests or Estates of this Kingdom I say Immortal because our Laws do say that Rex nunquam moritur and thereby gives him a clear distinction from the Three Estates Now to undeceive some that would have the Three Estates to consist of King Lords and Commons because our Government seems to be framed of Monarchy Aristocracy and Democracy To clear their Judgments the Monarchy stands single but the Aristocracy is double viz. An Aristocracy of the Lords Spiritual and an Aristocracy of the Lords Temporal to which add the Democracy of the Commons and all is reconciled into Two Aristocratical Estates and one Democratical and the Monarchical as Superintendent to those Three and so this Vnity with the Triplicity is the due constitution of our English Parliament and indeed of the Kingdom it self THE CONSTITUTION OF PARLIAMENTS CHAP. I. The King's Warrant to the Lord Chancellor for Summoning the Parliament begun the 8th of May 1661. CHARLES the Second by the Grace
Indentur ' in t ' ipsum Vic' illos c. Nolumus autem quod idem Vic' c. Et Electionem illam in pleno Com' praedict ' sic factam distincte aperte sub sigillo Com' praedict ' sigillis eorum qui electioni illi interfuerint nobis in Cancellar ' nostram Angliae ad dictos diem locum certificetis indilate remitten ' nobis c. ut supra REX Camerario suo Com' Palatini sui Cestriae vel ejus locum tenenti ib'm salutem Quia c. usque tractatum Vobis mandamus firmiter injungend'quod per seperalia brevia nostra sub sigillo nostro Com' praedict ' debite conficiend'detis in mandatis tam Vic' nostro ejusdem Com' Cestr ' quam Vic' nostris Civitat ' Cestr ' quod facta proclamatione in prox ' Com' suis post receptionem eorundem brevium nostrorum tenend'de die loco praed'dictus Vic' dc'i Com' Cestr ' duos Milites gladio cinctos magis idoneos discretos Com' praed' praed'Vic ' dc'ae Civit ' Cestr ' duos Cives dc'ae Civit ' de discretioribus c. Et nomina eorundem Milit ' sic eligend'in quibusdam Indentur ' in t ' ipsum Vic' Civitat ' illos qui hujusmo'i Electioni interfuerint Ac nomina praed'Civium sic eligend'in quibusdam Indentur ' in t ' ipsos Vic' Civitat ' illos qui c. Nolumus autem quod idem Vic' dc'i Com' Cestr ' nec praed'Vic ' Civitat ' praed'nec aliquis c. Et Electiones illas in plenis Com' Civitat ' praed'sic fact ' distincte aperte sub sigillo Com' Palatini praed' sigillis eorum qui Electionibus illis interfuerint nobis in Cancellariam nostram Angliae ad dictos diem locum certifices indilate remitten ' nobis alteras partes seperal'Indentur ' praed'presentibus consut ' unacum hoc brevi T. ut supra REX Vic' Carnarvon salutem Quia c. usque tractatum Tibi praecipimus firmiter injungend'quod facta proclamatione in prox ' Com' tuo post receptionem hujus brevis nostri tenend'de die loco praedictis unum Militem Gladio cinctum magis idoneum discretum Com' praedict ' de quolibet Burgo vocat ' le shire Town ejusdem Com' unum Burgensem de discretioribus c. ut supra in Com' Cornub ' mutatis mutandis T. ut supra Consimilia Brevia diriguntur Vicecomitibus seperal'Com ' sequen ' sub dat' praed'videlt ' Radnor Brecon Carmarthen Mountgomery Cardigan Glamorgan Pembroke Flint Merioneth Denbigh Anglesey de uno Milite tantum eligend ' SECT II. Observations on this Pawn Obs I THis is the full Transcript of the Pawn or Record of the Writs which were issued for the Summoning this Parliament and that my Method in managing of them may be the clearer understood I shall set down some Observations pursuant to it In the Original of this Pawn or Record there are no Figures placed in the Margents of the respective Paragraphs of it but I have thought fit in respect of the several occasions referring to it to add the Figures of I. II. III. IV. V. being Paragraphs particularly relating to the House of Lords and then the Figures of VI. VII VIII IX X. XI XII being Paragraphs particularly relating to the House of Commons for of all these I shall speak distinctly in this and the Second Part of this Treatise All the Exemplar Writs are dated the 18th of Feb. 13 Car. 2. but there being several Creations of Lords or at least their Patents not perfect after the 18th all the subsequent Writs for such Lords were dated the 29th of April following and that is the reason of the different Dates of Writs in the Pawn but all were before the Parliament sat The first Exemplars in this Pawn for the Lords House do begin with the words CAROLUS Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor And so the first Exemplar in the House of Commons Fig. 6. begins in the like words yet all the other Exemplars in the Pawn do begin only with the word Rex omitting the other words which must be understood that the single word Rex c. is so entred only for brevity not that the Form of the other Examplar or Consimilar Writs are so concise either in the preamble or body of the Writs for the same reason In respect I do make use of the words Exemplar Writs and Consimilar Writs it is fit I should speak of the Nature of Writs in general The Common and Civil Law calls a WrÃt in Latin Breve quia brevibus paucis verbis intentionem Legis exponit And of these in the Common Law some are call'd Original and others Judicial the Original if I do not miscount them from the Register of Writs are 727 in Number and these are us'd in the respective Courts in Westminster before any appearance had or other Process issued in all matters both real and personal and are always in the King's Name attested by the Chief Justice of the Court from whence they issue the other call'd Judicial Writs if I miscount not the number of them from the same Register are 371 which are sent out by order of those Courts where the original Writ is recorded and the Case depending and these latter do also issue in the King's Name and attested by the chief Justice of the respective Courts from whence they proceed and seal'd with green Wax with the Seals of the respective Courts But the Parliament Writs of which I am to treat are of another nature and quality issued only by the King 's immediate Command and Warrant and seal'd with the great Seal of England and these have two appellations viz. Brevia Clausa or operta and Brevia Patentia or Aperta The Brevia Clausa are Writs of Summons clos'd up in yellow Wax and so seal'd with the great Seal of England and then as will be more fully shewn after I have discours'd distinctly of the Writs sent with Labells to every individual Prince of the Blood Lords Spiritual Lords Temporal and Assistants and to every Sheriff of the Kingdom for Elections of Knights Citizens and Burgesses for the Commons House and so do concern both House of Lords and House of Commons as also the Convocation Houses dirivatively from the Arch-Bishops and Bishops Writs of which last I shall speak more distinctly in this Treatise concerning the Convocation House But the Brevia Patentia do chiefly concern the House of Lords viz. by Patents of Creations as also some Officers as will be shewn and all these are call'd Patentia or Letters Patents because they are not inclos'd but open with the Impression of the great Seal of England at large hanging to them yet all the Created Patentees have their distinct Writs of Summons but not the Official Patentees viz. Clerk of the Crown Clerk of the Parliament Clerk to the House
Transcript of the Act of Predency 31. Hen. 8. Cap. 10. The Act of Precedency 31. Hen. 8. Cap. 10. FOrasmuch as in all great Councils and Congregations of men having sundry Degrees and Offices in the Common-wealth it is very requisite and convenient that an order should be had and taken for the placing and sitting of such Persons as been bound to resort to the same To the intent that they knowing their places may use the same without displeasure or let of the Council Wherefore the Kings most Royal Majesty although it appertaineth to his Prerogative Royal to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom He is nevertheless pleas'd and contented for an Order to be had and taken in this his most High Court of Parliament that it shall be Enacted by Authority of the same in manner as hereafter followeth First It is Enacted by Authority aforesaid That no Person or Persons of what Estate Degree or Condition soever he or they be of except only the Kings Children shall at any time hereafter attempt or presume to sit or have place at any side of the Cloth of State in the Parliament-Chamber neither of the one hand of the Kings Highness nor of the other whether the Kings Majesty be there Personally present or absent 2. And forasmuch as the Kings Majesty is justly and lawfully Supream head in Earth under God of the Church of England and for the good exercise of the said most Royal Dignity and Office hath made Thomas Lord Cromwel and Lord Privy Seal his Vicegerent for good and due ministration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction and for the Godly reformation and redress of all Errors Heresies and Abuses in the said Church It is therefore also Enacted by Authority aforesaid That the said Lord Cromwel having the said Office of Vicegerent and all other Persons which hereafter shall have the said Office of the grant of the Kings Highness his Heirs or Successors shall Sit and be plac't as well in this present Parliament as in all Parliaments to be holden hereafter on the right side of the Parliament-Chamber and on the same Form that the Archbishop of Canterbury sitteth on and above the same Archbishop and his Successors and shall have Voice in every Parliament to assent or dissent as other the Lords of the Parliament 3. And it is also Enacted That next to the said Vicegerent shall sit the Archbishop of Canterbury and then next to him on the same Form and side shall sit the Archbishop of York and next to him on the same Form and side the Bishop of London and next to him on the same side and Form the Bishop of Durelme and next to him on the same side and Form the Bishop of Winchester and then all the other Bishops of both Provinces of Canterbury and York shall sit and be plac't on the same side after their Ancienties as it hath been accustomed 4. And forasmuch as such other Personages which now have or hereafter shall happen to have other great Offices of the Realm that is to say the Offices of the Lord Chancellor the Lord Treasurer the Lord President of the Kings Council the Lord Privy Seal the Great Chamberlain of England the Constable of England the Lord Marshal of England the Lord Admiral the Grand Master or Lord Steward of the Kings most Honourable Houshold the Kings Chamberlain and the Kings Secretary have not heretofore been appointed and ordered for the placing and sitting in the Kings most High Court of Parliament by reason of their Offices It is therefore now Ordained and Enacted by Authority aforesaid That the Lord Chancellor the Lord Treasurer the Lord President of the Kings Council and the Lord Privy-Seal being of the Degrees of Barons of the Parliament or above shall sit and be placed as well in this present Parliament as in all other Parliaments hereafter to be holden on the left side of the said Parliament-Chamber on the higher part of the Form of the same side above all Dukes except only such as shall happen to be the Kings Son the Kings Brother the Kings Vncle the Kings Nephew or the Kings Brothers or Sisters Sons 5. And it is also Ordained and Enacted by Authority aforesaid That the Great Chamberlain the Constable the Marshal the Lord Admiral the Great Master or Steward and the Kings Chamberlain shall sit and be placed after the Lord Privy-Seal in manner and form following that is to say every of them shall sit and be placed above all other Personages being of the same Estates or Degrees that they shall happen to be of that is to say the Great Chamberlain first the Constable next the Marshal third the Lord Admiral the fourth the Grand Master or Lord Steward the fifth and the Kings Chamberlain the sixth 6. And it is also Enacted by the Authority aforesaid That the Kings chief Secretary being of the Degree of a Baron of the Parliament shall sit and be placed above all Barons not having any of the Offices aforementioned and if he be a Bishop that then he shall sit and be placed above all other Bishops not having any of the Offices before remembred 7. And it is also Ordained and Enacted by Authority aforesaid That all Dukes not afore mention'd Marquesses Earls Viscounts counts and Barons not having any of the Offices aforesaid shall sit and be placed after their Ancientry as it hath been accustom'd 8. And it is further Enacted That if any Person or Persons which at any time hereafter shall happen to have any of the said Offices of Lord Chancellor Lord Treasurer Lord President of the Kings Council Lord Privy-Seal or chief Secretary shall be under the Degree of a Baron of the Parliament by reason whereof they can have no interest to give any assent or dissent in the said House That then in every such case such of them as shall happen to be under the said Degree of a Baron shall sit and be placed at the uppermost part of the Sack in the midst of the said Parliament-Chamber either there to sit upon one Form or upon the uppermost Sack the one of them above the other in order as is above rehearsed 9. Be it also Enacted by Authority aforesaid That in all Tryals of Treason by Peers of this Realm if any of the Peers that shall be called hereafter to be Tryers of such Treason shall happen to have any of the Offices aforesaid that then they having such Offices shall sit and be placed according to their Offices above all the other Peers that shall be call'd to such Tryals in manner and form as is above mention'd and rehears'd 10. And it is also Enacted by Authority aforesaid That as well in all Parliaments as in the Star Chamber and in all other Assemblies and Conferencies of Councils the Lord Chancellor the Lord Treasurer the Lord President the Lord
of its different Orthography Obs I. sometimes beginning the second Syllable with C. or S. and of its affinitry to the old Roman Comites Consiliarij I shall refer them to my annotations and here only shew how that by the words in the Kings Warrant by the Pawns and by the said Act of 31. Hen. 8. all which I have recited at large we may clearly see that the word Council doth consist of the Persons of the best Quality and Abilities to give Counsel and Advice to the King And when such a number as the King thinks fit to select for that purpose do meet in a Body Conjunctively 2. This Council is called the Kings Council and also the Persons therein are called the Kings Council yet more properly Counsellors and to confirm this the Kings Warrant saith To Our Right Trusty and well beloved Counsellor Sir Edward Hyde Knight Chancellor of England here 't is Personal then follows Whereas We by Our Council this intimates a Body of Persons or Counsellors Congregated 3. The Writs in the Pawns sometimes do add to the Person to whom the Writ is sent Conciliario suo and sometimes not but these following words are constantly in every Writ Quia de advizamento assensu Concilij nostri which is more large than what is in the Kings Warrant by inserting the words Advice and Consent of Our Council 4. The said Act saith in the Preamble Forasmuch as in all great Councils and Congregations of men which explains Councils and then that there may be no displeasure or let of the Council in respect of Precedency therefore for the better reputation of his Counsellors and other Subjects doth Enact c. And in the 3d. Paragraph the President of the Kings Council is there also named by which we understand the Kings Privy-Council of which he is President to be a Council distinct from other Councils where there are Presidents 2ly And from Parliaments where there are Speakers instead of Presidents anciently called the Great Council and so it is still though the name is alter'd to Parliament and 3ly From other Assemblies and Conferences of Councils which are the words in the last Paragraph of that Act. 5. And therefore this Council here meant in this Warrant Pawn and Act is that which we now call the Kings Privy Council T is true the King hath several other Councils as that of Wales and in the North and others both here and in Foraign Plantations but this Privy-Council is the Supream standing Council out of which sometimes the King thinks fit to select some few for the more safe secret and easie dispatch of Affairs 6. Which by the Jews were called Cabala but by us properly Comitties However this Privy Council is the standing Council of the Kingdom giving Forms and Being to all other Councils especially what concerns the Beginning Continuing and Ending of any Parliament and yet this Council or Parliament is a greater Council than that and of greater Authority when it is in being and therefore anciently as I said call'd Magnum Publicum Concilium and this Privatum Concilium 7. This Great and publick Council consists of the King Lords Spiritual Lords Temporal viz. of such to whom the King sends Writs of Summons and of Commons viz. of such as the People think fit to Elect by vertue of the Kings Writs But this Privatum or Privy Council are of such only as the King Elects out of the Degrees next mentioned or out of other Degrees as he shall best judge of their Abilities for it Yet very often Parliaments have persuaded Kings to make Alterations in Privy Councils both as to Persons and Number 8. The number of the Persons of this Privy Council are in a manner indefinite because it depends upon the Kings pleasure But anciently it consisted only of 12. since that they have increased and varied and in the beginning of this Parliament they were 29. but before the end of it above 40. The number of the Great Council or Parliament is partly indefinite in the Lords House and partly circumscrib'd and so in the Commons House as will be shewn for these anciently had not above 2. or 300. but this Parliament had in both Houses above 700. as will be shewn 9. This very name of Council and Counsellors as they are or ought to be is much more ancient than the Consuls of Rome which had their name a Consulendo for their abilities in giving Counsel and possibly borrow'd from the name of Neptune the God of the Sea who was call'd also Consiliorum Deus so as probably of their two yearly Consuls one was chosen for the Affairs of the Sea as Admiral the other for the Affairs of the Land as General however it is observable that the Title of Consul or Counsellor did continue 1046. years in that Empire deducting three years interposition of the Decemviri or 10 Governors and 4 years of Tribunes or 3 Governors and 12 years of Tribunes consisting of 4 Governors and 30 years by Tribunes consisting of six Governors and 5 years under an Anarchy and 2 years wherein Tribunes had a Consulary power and then the Government again slid into Consuls so as deducting these 56 years they continued intire under that Consulary Tutelage 990 years and as that way of Government was useful to Rome whilst it was a Common-wealth so we see when Julius Caesar took on him the Roman Empire and turn'd it to a Monarchy he did not discard the Consulary way of managing Affairs nor did his Successors so as they continued full 540. years after Julius Caesar in prosecution of that Monarchical Empire till the Papal Interests had supplanted the Western Empire and made General Councils tending rather to the dis-uniting of Princes than for uniting Religion as was pretended and instead of Consuls erected a Consistory and Conclave the last being only new names for a Council 10. This is certain that Councils or Counsellors or Consuls are of that nature that no Government can subsist without them though by different Appellations and I read of few or none in all the Roman Stories who had the Title of Consul conferr'd on him but those who either by their Wisdom had given such good Counsel as prov'd prosperous to the Empire or had done such eminent Services that from such Heroick actions the Emperors and Senators derived Arguments of their Abilities to Counsel as having actually done and from that experience might Counsel what was fit to be done and thereupon formerly call'd Consul and now Counsel or Counsellor and fit to sit both in Privy Council or publick Parliament 11. This Honour was still founded in merit by the estimation of Judgment Experience or Resolution for what they had Advised Counsell'd or Successfully acted and therefore they were seldom made Viri Consulares till they were 43. years of age and for such as had been thus Serviceable to the Empire if a Consulship were not void yet they had always some Offices or
Rewards in store which they conferr'd proportionably to their Services and such Rewards were purposely reserv'd for such as had either given good Counsel or followed it by venturing their Lives and Fortunes for preservation of the Empire and some such Orders were made in our Edw. the 3ds time and confirmed by many Successive Councils as may be read in Sir Edw. Coke and Judge Dodridge 12. There are also other lesser Councils besides what I mentioned before as the Common Council of London and the like though not for number in other Cities which relate only to the Government of those Cities and Counsellors at Law and the meeting of such degrees as are qualified for that purpose are called in some of the Inns of Court Parliaments which relate only to matters of Law and Government of their Societies and Councils of War and Trade and many of these are great Assistants and often imploy'd both in the Privy and publick Council of the Kingdom 13. I have been the longer on this subject because all the Degrees hereafter mentioned are Members either of the Kings Privy Council or the Parliament or both yet their Writs of Summons are not singly Conciliario but by annexation to those Degrees which are capacitated to be Counsellors but the Degrees mentioned in the Act of whom I treat next are constantly of the Privy Council or Parliament but there are only some of the Parliament which are of the Privy Council by which means matters are more easily manag'd between the King the Privy Council and the Parliament the one constantly Sitting the other Summon'd only upon Emergencies of State which latter being thus Constituted it may well be call'd Magnum Concilium Animarum or a Council of Souls rather than Bodies so as the King may say with Cicero Conscientia conciliorum meorum me Consolatur i. e. The knowledge and Conscientious concurrence of minds or Souls for so Conscientia sometimes siguifies and integrity of my Counsellors are my Consolation 14. In the first Chapter I have shewn the List of the Privy Council who gave their Advice as t is said in the Warrant for Summoning the Parliament to begin the 8th of May 1661. and all but one of them had Summons and did sit in the Lords House or were Elected for the Commons House yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland The Duke of Laderdale being a Scotch Lord was not Summon'd till he was made Earl of Gilford some years after The Duke of Ormond was Summon'd as Earl of Brecknock in Wales the Lord Anthony Ashly Cooper was chosen a Burgess of Dorsetshire for the House of Commons but his Writ was time enough to sit in the Lords House Sir Charles Berkley Knt. was chosen a Burgess in Somersetshire and soon after made Lord Fitz Harding an Irish Title and so continued in the House of Commons to his death Sir George Cartret Knt. and Bar. was chosen Burgess for Portsmouth and continued in the Commons House to the end of that Parliament Sir Edward Nicholas Knt. was Summon'd to the Lords House but Sir William Morrice was chosen Burgess for Plymouth and continued with the Commons to his death Now I proceed with the chief of such as are for the most part of the Kings Privy Council mention'd in the Act and do with others of lesser Degreees Constitute both the Privatum and Magnum concilium or Parliament SECT III. Of the Princes of the Bloud IN this Act the King by vertue of his Kingly Office for so is the word in the Act and Prerogative Obs I. having power to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom especially to his Council or Parliament gives the Priority of all Places and Precedings to these following seven Degrees of the Bloud-Royal viz. 1. to the Kings Son first entituled Prince of Wales in the 11. Edw. the 3d. 2. to the Kings Children 3. to the Kings Brother 4. to the Kings Uncle 5. to the Kings Nephew 6. to the Kings Brothers Son 7. to the Kings Sisters Son all of these have Title of Earls or Dukes and any one of these where others in priority are wanting are to be accounted the first in their own seven Degrees and are Prior to the 5 following Degrees which comprehend all the Lords Temporal and these as they happen to be more or less have their distinct Writs as also their proceedings to all or any other Degrees either Spiritual or Temporal Official or Hereditary of whom I shall speak more in the following Sections and Chapters but if there be a failour of any of these or that they are absent from Parliaments in respect of Minority or otherwise then some of the Lords Spiritual have precedency to the Lords Temporal as will be shewn All that were Summon'd of this Degree to this Parliament were only the Duke of York the Kings Brother and Prince Rupert his Sisters Son Sect. Cap. 2. Fig. 1. and 2. SECT IIII. Of the Kings Vice-Gerent or Vicar-General Obs THe words of the Act are That forasmuch as the Kings Majesty is justly and lawfully Supream Head on Earth under God of the Church of England and for the good Exercise of that most Royal Dignity and Office viz. of Supream Head of the Church hath made Thomas Lord Cromwel who was not only Lord Privy Seal as in the Act is exprest but Master of the Kings Jewel-House Baron of Okham Knight of the Garter Earl of Essex and Lord Great Chamberlain 2. His Vice-Gerent for the good and due administration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction and for the Godly Reformation of all Errors Heresies and Abuses in the said Church so as he injoy'd Dignities and Offices of a mixt nature Ecclesiastical and Civil and thereby was placed above all the Lords Spiritual and above all the Lords Temporal of the following Degrees and not only in respect of his Temporal Dignities but as Vice-Gerent in Ecclesiasticals had power given him and to his Successors in that Office to sit above those Degrees in Parliament and to have a Voice and Liberty to assent or dissent as other Lords 3. But there hath been none imploy'd in this Office since that time as needless I conceive for the Archbishops of Canterbury and York in their Provinces and the Bishops in their Diocesses have ever since in a manner suppli'd the Duty of that Office under their own Titles and by their own Jurisdictions especially the Archbishop of Canterbury who is rankt in the next place in this Act and in all Pawns except this where some of the Bloud Royal are not exemplars SECT V. Of the Arch-Bishops and Bishops Obs I THE Title of Bishop is more ancient than the Title of Christian as I shall shew in the seventh Chapter however it became more general after Christianity spread it self The word comes from the
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
was commonly taken for the Master of the Horse to the Emperour and is a Place still of great Honour in most parts of Europe but I conceive he was rather call'd Comes stabuli as an Officer or Office of refuge for so stabulum also signifies However for many Ages this Office was held in Grand Sergeanty by those persons hereafter nam'd but in 12 H. 8. it became forfeited to the Crown and since that never granted to any Subject but pro hac vice at some Solemnities as at the Coronation of King Charles the Second in April 1661 a little before this Parliament Algernoone Piercy Earl of Nortbumberland was made High Constable of England pro hac vice for with the Ceremony of that day his Office ended and Henry the Eighth I conceive did enter it in the Act of 31 of his Reign that in case there should be any use of this Officer when any such Solemnity happen'd in time of Parliament his place might be known without dispute 3. Before the 13th of Henry the 8th in some respects it had a greater power than the Earl Marshal and in others equal to it and so the extravagant parts being taken away the rest fixt in the Earl Marshal of whom I shall speak next however it hath left a name of great honor and use those of Honor are the Constable of Dover c. those of Use are the high Constables and Constables disperst in all parts of England 4. Whilst this great Officer was of constant use he was constantly summon'd to Parliaments viz. 50. E. 3. Thomas de Woodstock Comes de Buck Constabularius Angliae and so that 1.3 and 4. Ric. 2. Thomas Dux Glostriae Constabularius Angliae 17. R. 2. and the 1st of Hen. the 4th Henry Percy Earl of Northumberland Constab Angliae and the 2d of Hen. the 5th and 1. H 6. Summons to Humphrey Duke of Gloster Const Angliae and to John Duke of Bedford Const Angliae 2. H. 6. and from thence again to the Duke of Buckingham Const Angliae but from thence to the 20. of Hen. the 8. there are no Pawns as I said to guide us to the knowledge of such as were summon'd to the intervening Parliaments but it appears by other Records that in the 13th of Hen. the 8. this Office of Constable of England was turn'd into an hac vice and so only granted upon the Solemnity of Coronation and thereupon is not mention'd in any following Pawns to this time or was of any use in this Parliament SECT XII Of the Earle Marshal of England THis great Officer hath not so great a Latitude of power as the Constable of England had yet he hath under his Jurisdiction the Care of the Common Peace of the Land in deeds of Ams and matters of War when it happens in Forraign or Domestick parts in most of which he is guided by the Civil Laws and yet not to do any thing repugnant to the Common Laws In times of War he is more absolute in times of Peace less this mane of Marshal 't is very probable had its Original from Mars the Romans God of War and was the same which they call'd Comes Militum 2. However with us this Great Officer had and hath several Courts under his Jurisdiction viz. the Court of Chevalry now almost forgotten and the Court of Honor now quiet layd aside but the Sedes Mariscalli or Court of Marshalsee is still in being where he may sit in Judgment against Criminals offending within the verge of the Kings Court and the chief Officer under him is call'd the Knight Marshal 3. As also the Herauld Office or Colledge where when doubts arise concerning Descents Pedegrees Escuchteons c. he determins them this was Incorporated by Ric. the 3d. and many priveledges added by Philip and Mary 4. and 5. 4. Heraulds amongst the old Romans were a certain Order of Priests call'd Faeciales and so term'd because Bello paceque faciendo apud eos jus erat pronuntiare c. they were also call'd Caduceatores from a little wand which they carried whereon was fixt two wings to represent Mercury the nimble Messenger of War quod Contentionem Bella Cadere facerent 5. This Office or Colledge consists of 3 Regulators of Arms Ceremonies Pedegrees and Descents of Nobility and Gentry the first is call'd Garter Rex Armorum Principalis chief King at Arms and is also an Officer to the Soveraign and Knights Companions of the most noble order of the Garter the 2d call'd Clarentius also King of Arms but his Jurisdiction is only on the Southside of Trent The 3d. call'd Norray also King of Arms for the Northside of Trent these two being confin'd but Garter not consin'd 6. Besides these there are 6 more properly call'd Heraulds quasi Honorem tenentes Haeredes Aulae dicentes such as are able to give an account to the Court of Heyres to Families and these have distinct Titles distinguishing their Imployments viz. 1. York 2. Lancaster 3. Somerset 4. Richmond 5. Chester 6. Windlesour 7. And there are also 4 Under Graduats call'd Pursevants or such who with readiness do pursue the Commands of their Superior Officers properly in Marshal Causes and therefore call'd Pursevants at Arms to distinguish them from other Pursevants or Messengers from other Courts and these 4 have also 4 distinct Titles viz. Blewmantle 2. Rougecross 3. Rouge-Dragon 4. Portcullis but of the Earl Marshal and Heraulds I shall speak more as they are imployed in Parliamentary Ceremonies 8. There is no doubt but these Earls Marshals have for many ages sat in Parliaments viz. the Duke of Norfolk Marshal of England was summon'd 15 Ed. 2. But 11 R. 2. the Title of Earl Marshal of England being by Patent granted to Thomas de Mowbray Earl of Nottingham and entail'd on the Heirs Males of his Body which failing yet the Title of Mowbray descending on Thomas Earl of Arundel King James did by Pattent make him Earl Marshal for life and he was Summon'd to Parliament by both Titles but he dying Thomas Earl of Arundel and Mowbray Grandson and Heir to the said Thomas had no Writ provided for him in Feb. 1660 when this Pawn was made being then suppos'd to be a Lunatick and upon that account kept close at Padua in Italy but soon after by the Solicitation of Henry Howard next Brother and Heir to the said suppos'd Lunatick the Dukedom of Norfolk was restor'd after a long Attainder and by Act of Parliament settled on the said Thomas the Grandson and the said Henry being soon after created Earl of Norwick did manage the Office of Earl Marshal and had a Patent for the same from this present King Charles therein setling this Office upon him and the Heirs Males of his Body with a large Intaile for want of such Issue to the next Heir Male of that Noble Family So Henry was Summond about the middle of this Parliament as Earl of Norwich with the Title also of Earl
Marshal and Duke Thomas dying at Padua about the end of this Parliament Henry the Brother succeeded in the Dukedom and sat as Duke of Norfolk and Henry the Eldest Son of the said Duke Henry being then intituled Earl of Arundel did sit as Earl of Arundel and Lord Mowbray so as that Title of Earl Marshal is in Duke Henry and the Title of Mowbray in the Earl of Arundel and that Title of Earl Marshal only inpossibility to come again into Mowbray And this may be added that during Duke Thomas his Life James Earl of Suffolk by Deputation did execute that Office for reasons which I leave to other Writers SECT XIII Of the Lord Admiral of England Obs I THE Kings of England do constantly make Admirals of Squadrons of Ships but the Admiral which I am here to speak of is the highest of all intituled the Lord Admiral of England and may be well call'd Admirals from their seeing and knowing the mirabilia or Wonders of the Deep The Greeks call'd this Officer Thalassiarcha from Thalassa the Sea and Archos the Chief at Sea and from thence the Romans according to the Latin Idiom call'd him Thalassiarchus and of later days Admirallus which is no Latin word and in English Admiral 2. To him is committed the Government of the King of England's Navy and Power to decide all causes Maritim as well Civil as Criminal and of all things done on or beyond the Seas in any part of the World and many other Jurisdictions on the Coasts and in Ports Havens and Rivers and of such Wrecks and Prizes as are call'd by the Lawyers Lagon Jetson and Flotson that is Goods lying in the Sea floting on the Sea or cast by the Sea on the shore admitting some few exceptions and Royalties granted to other Lords of Mannors And these and all other Cases dependant on this Jurisdiction are determin'd in his Courts of Admiralty by such Rules of the Civil Law as do not invade the Common Laws of England 3. And of these Civil Laws which concern Sea assairs there are two most eminent Guiders to Civilians viz. Those made at Rhodes in the Mediterranean by the Grecians and augmented by the Romans call'd Lex Rhodia or the Rhodian Law The other made at Oleron an Island anciently belonging to England but lying on the borders of France by out King Richard the First both of which are still in great veneration 4. So as well for the Laws by which he governs the Maritim concerns as for his great Jurisdiction being as vast as the Ocean he may be said to have alterum Imperium extra intra Imperium and therefore this Honour and Care is intrusted to the hands of some one of the Blood Royal or some one or more joyntly of the most eminent of the Nobility 5. And in respect of this Power there is a constant Converse and Commerce with all parts of the World especially where the Civil Laws are practis'd and therefore it hath been the prudence of our former Kings even to this day to allot him a place in the Lords House as to the Marshal of England for both of their concerns are chiefly manag'd as I have shewn by the Civil Laws so as the Lord Marshal and Lord Admiral may be look'd on as the two Supporters to the learned Professors of those Laws as the other Lords are to the Professors of the Common Laws and possibly the greatest number of the Masters of Chancery of whom I shall speak in order who sit in the Lords House were originally contrived to be Doctors of the Civil Laws upon this ground That if there were at any time just occasion in that House to make use of any points in that Profession they might give their advices or opinions therein 6. This Dignity as I said was ever conferr'd upon some of the chief Nobility by vertue whereof they had their Writs of Summons and their Place in the Lords House and this long before the Act of Precedency for we find the Earl of Arundel in 13 Edw. 3. and the Earl of Northumberland in 7 R. 2. the Earl of Devon and Marquess of Dorset in the same Kings time and so the Earls of Salisbury Shrewsbury Worcester and Wiltshire and others of the like Degrees recited in the Clause Rolls needless to renumerate being Admirals were summon'd and in our extant Pawns in 36 H. 8. Johanni Dudley Vicecomiti Lisle Magno Admirallo and in 1 E. 6. Tho. Dom. Seymer Magno Admirallo and in 7 Edw. 6. Edv. Fenys Domino Clinton Magno Admirallo and in 1 2 3 4 Mariae Phil. Mar. Gulielmo Howard de Effingham Magno Admirallo and in 4 5 Phil. Mar. Edw. Fenys again and Charles Earl of Nottingham in Queen Elizabeth's time and George Duke of Buckingham in King James's time and King Charles the First 's time were still summon'd to Parliament with the Title of Admiral added to their hereditary Titles in their Writs and to this Parliament Jacobo Duci Ebor. Magno Admirallo c. And all these had their places in the Lords House according to the Act of Precedency as those before the Act was made This Office was conferr'd on the Duke of York for this Parliament Vid. Cap. 2. SECT XIV Of the Lord Steward of the King's House AS for the Orthography and Etymology and Antiquity of this Title Steward Obs I. I shall refer them to my Annotations However as it is sometimes writ with a T and sometimes a D it is under four Considerations the first as it represents a Royal Name and Family and therefore for distinction this is writ Stewart with a T and hath the superintendence chief interest and influence in all Parliaments since that Name was of that use in England 2. The other three are Titles official and written Steward with a D and as a further distinction from the first in Latin they are call'd Seneschalli and this the chief of the three is call'd Seneschallus Angliae or Lord High Steward of England of whom I shall give a full account in the Chapter of the Trials per Pares and shew how this great Officer is imploy'd either in or out of Parliaments 3. The last and least Degree of the 3 is call'd also Senescallus such as are the Stewards of Corporate Towns or Mannors which are not concern'd in the Summons or of use in Parliaments otherwise than as considerable Assistants in Elections of Members to serve in Parliaments But the Lord Steward of whom I now speak was call'd in H. the 8th time Magnus Magister Hospitij Regis or the Great Master of the Kings Houshold and ever since Magnus Senescallus Hospitij Regis or the Lord high Steward of the Kings House and he hath not only an eminent Employment Trust and Authority in ordering the Kings Houshold but an Authority above all Officers of that House except the Chappel Chamber and Stables but in all Parliaments is obliged to attend the Kings
Person to adjust their Parliamentary expences Westminster being anciently the Kings Court and still within its Verge and his Lordships Jurisdiction 4. His place is appointed by the Act of Precedency in this order not but that he was Summon'd to Parliaments before that Act as may be seen in several Clause-Rolls of Rich. the 2d c. but after the said Act viz. 36. H. 8. Charles Duke of Suffolk was Summon'd and his Writs directed Magno Magistro Hospitij sui but after that as in this very Parliament 1661. the Writ to the Duke of Ormond was Jacobo D'no Brecon being his English Title by which he sits in Parliament Vid. Cap. 2. Senescallo Hospitij Magnus Magister Senescallus being still the same Officer though varying in Title SECT XV. Of the Lord Chamberlain of the Kings Houshold THat High-Chamberlain before mentioned is called Magnus Camerarius Obs I. but this hath not that Epethite of Magnus and yet his authority is very great within the Verge of the Kings Court so that though there is some Subordination yet in many great Regalios he hath an intire command and even in some things which concern the conveniency of a Parliament and its places of Addresses to the King that the furniture of the Rooms may be sutable to the Majesty and Grandure of such as are imployed there 2. He hath been anciently summon'd to sit there as may be seen in the Clause-Rolls of the 25. and 27. and 28. of Edw. the 3d. in the Summons of Sir Bartholomew Bergehurst Camerario Hospitij he being also Guarden of the Cinqueports and in 1. H. 4. to Sir Tho. Erpingham Baneret Camerario Hospitij he being also Guarden of the Cinqueports and so the 10. H. 6. to Radulpho Cromwel Chevalier or Baron Camerario Hospitij I might instance many others but I shall skip as the Records do to the Act of Precedency 31. H. 8. where he is call'd the Kings Chamberlain and in the Pawns of the 36. H. 8. the Writ was Carolo Duci Suff. Magno Magistro Hospitij sui Praesidenti Consilii sui and in the same Pawn which may be observable the Office of great Chamberlain of England was supplied by Edward Earl of Hereford of a lesser Degree than a Duke in the 6. and 7. Edw. 6. the Writ was Tho. D'no Darcy Chevaleer Camerario Hospitij sui and in the 43. Eliz. to Tho. Cary Lord Hunsden Camerario Hospitij and continues in the same Office he was Summon'd again primo Jacobi and in the 15. Car. 1. Philip Earl of Penbrook was Summon'd Camerario Hospiti sui and to this Parliament first Edward Earl of Manchester Camerario Hospitij then Henry Earl of St. Albans Camerario Hospitij and after him Hen. Earl of Arlington Camerario Hospitij who continued his place and precedency in this Parliament to the Dissolution of it 3. Edward Earl of Manchester Lord Chamberlain of the Kings Houshold was Summon'd so by Writ 18. Feb. 1661. Vid. Cap. 2. SECT XVI Of the Principal Secretary of State HE brings up the Honourable Rere to all the 12. Officers of State both in this Act of Precedency and in the Pawns and therefore I may the more justifiably defer my Discourse of him till I come to his Writ of Summons and past the method of the Pawn as I have done the method us'd in the Act of Precedency and so conclude these Sections with some few Observations Observations WHen the Act of 31. H. 8. was made Obs I. the State Officers though now but 9 in use were then 12. a Number as I shall shew agreeable to the 12 Judges 12 Masters of Chancery 12 Constituting a Jury and much more of the efficacy of that number cited by the Learned Institutor and Petrus Bongus de Sacris Numeris and this number is thus used by us as t is thought in veneration either to the 12 Tribes of the Jews or 12 Tables Sacred among the Old Romans or to to the 12 Apostles of the Christian Religion or 12 Signs in the Zodiack reverenct in Astrology 2. That if the Writs to any of these Officers be to any of the Lords Spiritual or such Officers as have usually consisted of the Clergy as the Lord Chancellor or Lord Keeper the Lord Treasurer Lord Privy Seal then the Writs were like the Assistants Writs to the Judges of which I shall speak in order but if any of these Offices be executed by any of the Temporal Lords then the Writ is the same as to that noble Person to whom the Office is anext or if any be Summon'd meerly virtute Officij without annexation to the Degree of some Lord Spiritual or Temporal Lord then the Writ is only as an Assistant Writ and they sit in the Lords House but as Assistants without Vote c. as will be shewn 3. Sir Edward Nicholas Knight was summon'd by Writ dat 18. Feb. 1661. Vid. Cap. 2. and now I proceed to the fixt Nobility call'd Lords Temporal CHAP. V. SECT I. Of the Degrees of Nobles Obs I Have given a short Character of the Grand Officers and Ministers of State and now according to the Act of Precedency I shall speak of the fixt Nobility as they are consider'd in Distinct Degrees and these are not mention'd distinctly in the Kings Warrant for Summoning a Parliament but referr'd therein to the Lord Chancellor to distinguish them by their Writs 1. As for the Nobility in general most Authors derive the word Nobiles or Nobles in the Plural from Noscibiles viz. Viri Nobiles or Persons indu'd with great knowledge than other men and so conceive it may admit of another Etymology viz. Nobilis quasi Non-bilis i. e. men of such debonair and complacent tempers and so much Masters of their passions that they are not in respect of their better Education subject to choler wrath or fierceness for so the word Bilis is Englisht but of even and serene tempers which dispositions are fittest for Affairs relating to Government but to pass these niceties the Question is amongst some 2. How far the Degrees of Nobility do extend which is partly resolv'd by Sir Tho. Smith in his Republica who saith there be two sorts of Nobles viz. Majores and Minores and this was according to the Old Romans the Majores he calls the fixt Hereditary Nobles diversifide into 6 Degrees viz. Princes of the Bloud of whom I have spoken in Cap. the 4th Dukes Marquesses Earls Viscounts and Barons not of the Bloud and descend no lower and these are capacitated by such Creations and Writs to sit in the Lords House The Minores he begins at Knights for he wrote before Baronets were known Esquires and Gentlemen and descended no lower and out of these the Knights Citizens and Burgesses for Parliaments are Elected and Compos'd and thereby capacitated to sit therein as the Representatives of the Commons of England but of these Nobiles Minores I shall speak more in the second part of this Treatise
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
tells us That about this time the Abbots Bishops c. which were placed here by the Pope were so numerous that it was proposed to him by the Commons that he would please with their Revenues to make 150 Earls 1500 Knights 6200 Esquires and Erect 200 Hospitals for maintaining of maimed Soldiers c. But it seems he had not that Courage which Henry the Eighth did after assume and it was needless for one or two to oppose his Power However H. 4. Henry the Fourth went on and in the Second and Seventh Years of his Reign made Acts against Purchasing of Bulls from the Pope for Exemptions or Benefices Also Henry the Fifth H. 5. Anno 5. cap. 4. made Acts against Provisors from the Pope and all these subject to a Praemunire In Henry the Sixth's time H. 6. the Bishop of Winchester being made Cardinal was admitted of the King's Council with this Protestation That he should absent himself in all Affairs and Councils wherein the Pope or See of Rome were concerned which he assented to and also he Enacted That no Alien should be a Broker That Priories and Aliens Lands should be seiz'd in time of War That no Advowson Presentation Collation or Induction be made to any Alien of any Benefice or Ecclesiastick Dignity That Aliens attending the Queen or King be removed and banished except those allowed by the Council That Aliens should lodge only in Englishmens Houses and to serve in War if able That no Priors be Collectors of Disms He also confirmed the Statutes against Provisions by the See of Rome In Edward the Fourth Ed. 4. R. 3. H. 7. Richard the Third and Henry the Seventh's time there was a Calm to that See none of the Laws repealed but so slenderly used that they made no great impression at Rome and though these and former Kings did strive to make their respective Supremacies in Ecclesiastick Matters within their Dominions and to lessen the Pope's Power and Profit yet none could substantially effect it till Henry the 8th who seeing there was no other remedy and that all Laws against the Roman See were evaded and other Essays fruitless he fell to 't with right down Blows which is the only way to master a good Fencer as will appear in this next Section 8. Henry the Eighth did so contrive his matters H. 8. that he did first ingratiate himself with the Pope by writing in defence of the Church of Rome a Book against Luther which so affected the Pope that he immediately sent him a Bull which is in the same nature of a Patent with us and therein gave him the Title of Defensor Fidei Anno 12. which he accepted and for three years Anno 21 22 23. viz. in the 21 22 and 23 years of his Reign went plausibly on by making several Acts about Wills and Testaments Mortuaries and against Pluralities and Sanctuaries and Deeds to Churches but in the 24th he began to discover his Opinion Anno 24. that though he was for the Doctrine of the Church of Rome against Luther yet he had no mind to suffer his Kingdom to be exhausted for the Support of the Court of Rome whereupon an Act of Parliament was made against all Appeals to Rome Anno 25. and the next year Anno 25. That no First Fruits should be paid as formerly out of this Kingdom to Rome And in another Act That not any Imposition should be laid on his Subjects by colour of any Power from the Pope and then to secure himself and rivet his Subjects to him an Act was made declaring his Title and his Successor's to the Crown That being done an Act of Parliament was made Anno 26. to intitle him Supream Head of the Church of England and in the same year a positive Act Anno 26. That no First Fruits or Tenths should be paid out of any Promotions in England to the Pope of Rome In this time the King makes Archbishops Bishops Anno 27. and Suffragans and in the 27th year chuseth sixteen Spiritual and 16 Temporal Lords to settle the Canons for the Church of England and erect an Office of Augmentation so as having gained the two points of his Supremacy in opposition to the Church and Court of Rome viz. Defensor Fidei Supremum Caput one from the Pope himself the other from the Parliament and setled an Office for his purpose In the same year all Monasteries c. under 200 l. per Annum and all the Ornaments Goods and Jewels belonging to those Houses were setled on him and his Heirs by Acts of Parliament And four years after viz. 31 H. 8. it was Enacted Anno 31. That the King and his Heirs should have all Monasteries Abbies Priories and other Religious Houses dissolved or to be dissolved with their Mannors Lands c. And yet it is observable That in this very Parliament of 31 H. 8. there were twenty Roman Bishops twenty four Abbots and two Priors in all forty six and but forty four Temporal Lords the Act for Precedency in the House of Lords made the same year being not as I conceive altogether for regulating Precedencies but for purging the Abbots c. by that Act of Parliament so as doubtless they lost their Interest more by the King's resolution for expunging them than by Vote of Parliament 9. However the Abbots Priors c. being thus dissolved their Baronies by which they did formerly there sit being disposed of to other persons they had no foundation to sit in the Lords House which caus'd the first great Alteration in the Method of the following Writs for such as were to sit there as will be further shewn And in this great Alteration doubtless there was also a Divine Hand for as Pope Boniface the Third before mentioned did put out all the English Bishops and placed Foreigners his creatures in their rooms and made many more Bishopricks than he found so now by the Lex Talionis Like for Like Henry the Eighth did put out all the Pope's dependents and placed such Bishops in their rooms as would justifie the King's Supremacy here and renounce the Pope's And accordingly Bishop Bonner Cranmer Gardiner and others who wrote against the Pope's Supremacy were made one an Archbishop and the others Bishops And he also did erect six new Bishopricks viz. Chester Gloucester Peterborough Bristol Oxford and Westminster which last after one Bishop 〈◊〉 was turned to a Deanary as now 〈…〉 such of the Nobility and Gentry tha◠〈◊〉 to his Resolutions wanted not Lands and Mannors to gratifie them So that now he had the Lords Spiritual and Temporal and Commons in Parliament and the Kingdom it self on his side and even the Nobility and Gentry of England who formerly were almost entire for the Popes Authority their Judgments were now split in two some for the Court and some for the Church of Rome and so even the King and many of his Council did live
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
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
Episcopo Carlilin P. Johanni Episcopo Roffensi P. Roulando Episcopo Coventry Lichffeldiae Henrico Episcopo Assanensis D. Georgio Episcopo Landavensis D. Thomae Episcopo Bangorensis P. Gulielmo Episcopo Norwicae P. Johanni Episcopo Herefordiae D. Roberto Episcopo Wintoniensis D. Gulielmo Episcopo Bathon Wellen. Roberto Episcopo Cecestriae D. Custodi Spiritualitatis Episcopatûs Wigorn ipso Episcopo in Remotis agente Custodi Spiritualitatis Episcopatûs Dunelmensis ipsa fede vacante XX. in all SECT XVI Observations on this Writ to Cardinal Wolsey THis Writ except the Title of it is like that of Ed. 2d yet I have thought fit to enter it for some reasons particularly 1st For the Eminent nature of the Titles which this Cardinal ascrib'd to himself who had also tryed several experiments to have been made Pope and probably the Passions of Hen. 8. and the Cardinals disappointments therein might hasten the dissolution of the Abbots and other proceedings in order to the lessening the Popes interest here and this refusal of the Cardinal may justly give an occasion to say that the English have always had hard measure in their Attempts therein for though the Conclave have admitted above 50. English men to be Cardinals yet it seems their Policy hath been not to admit of any English man to be Pope except one in our Henry 2. time called Nicolas Brakespear who being Pope Intituled himself Adrian the 4th so that from Higynus's time there hath been but one English man made Pope unless Johannes natione Anglicus Gussarus officio Papa Sexu Faemina quae sedet in Papatu An. 20. Mens 6. who in English we call Pope Joane be allow'd for one of the 246. Popes to this time yet the Pope hath exercised the highest Jurisdiction here that England could afford which is a very Partial and unequal way of dealing 2. The 2d reason of Entring this Writ is to shew that the Archbishop of York was herein the Exemplar to the Archbishop of Canterbury of which there is no Precedent before for the three Cardinals which were Archbishops viz. in the time of King John Edward the 3d and Hen. the 6th were all three Archbishops of Canterbury so as this precedency must be attributed to the Cardinals Dignity above all Archbishops and not to any irregularity in placing the Exemplar And here it may be observed that as the Title of Archbishop did long since leap over the Title of Bishop and the Titles of Patriarch and Pope over Archbishops afterwards viz. Anno Christi 1099. when the Title of Cardinal first began by Pope Pascal the 2d his institution the Title being rais'd by him of certain Parochial Priests in Rome of whom he had more confidence did in effect leap over all the Four other Degrees and by it had the sole power of Electing Popes being under their management so as the Pope hath only the Title left and the 70 Cardinals the power of Electing him in which they are unwilling to admit of any English man although if they did he would be so over-ballanc'd that there were no great hazard of his Election In the mean time the Conclave is so kind to its own Interest as to appoint one of those Cardinals to be Protector of England he being at this day Stiled Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector 3. It may be observed that amongst many other Titles he Intitled himself Presbyter to gratifie all interests 4. Though H. 8. might intitle himself Fidei Defensor 8 years before this Writ yet this is the first Writ on Record wherein this Title is given and this also is the last Writ that I find was sent to any Cardinal to sit in Parliament for though Cardinal Pool was Cardinal and Archbishop of Canterbury in Queen Mary's time yet he had no Writ either as Cardinal or Archbishop or both but the Exemplar was in that Parliament to the Bishop of Winchester and no Writs to the Bishops of Canterbury York London or Durham 5. When this Writ was made he was Lord Chancellor yet it is not inserted in the Writ possibly because Sir Thomas More was in Prospect to be Lord Chancellor and was actually so before the Parliament met And now having shewn the first Writ among the Pawns I shall proceed to the Writs in the subsequent Pawns and then shew the alteration of them The second Pawn or bundle of Writs extant in the Pettibag is of the 31 of Hen. 8th wherein the first Writ is to Thomas Archbishop of Canterbury and this Writ also agrees with the former except in the Titles and with all the Writs to Archbishops from Edward the 2ds time to this as they are in the Clause Rolls The third Pawn or Record of Writs in the Pettibag is of the 36 of Hen. 8th which is the remarkable Writ because it differs from all the former Writs since Ed. 2ds time both in the Titles and the Praemonition for in this Writ he is intituled King of Ireland and Supream Head but before this only Lord of Ireland Now as to the Title of King of Ireland Hen. the 2d did give the same to his Son King John but the Pope would not let him enjoy it nor did any of his Successors assume it till Hen. the 8th resolved to reassume it in defiance of the Pope and writ himself King of Ireland instead of Lord of Ireland because as I said in the former Section he would not place the Title of Defender before Ireland as the Pope had directed him in his Bull or it may be in respect the Pope pretended a Title under King John to Ireland and as for the other Title of Supream Head though it was given him by the Parliament 12 years before yet I find it not in any Parliament Writ till this year of the 36. H. 8. So that the Preamble or Titular part of the Writ is thus Henricus Dei gratiâ Angliae Franciae Hiberniae Rex fidei Defensor Ecclesiae Anglicanae Hiberniae Supremum Caput Then for the Premonition whereas the words Priorem Capellanum or Capitulum were plac'd next unto Praemonentes in this Writ the words were Praemonentes Decanum Capitulum because Abbies and Priories were newly dissolv'd and Deanaries Constituted and so the Writs thus alter'd have continued till this Writ for the year 1661. But before I set down the Writ for 1661 I must a little repeat some short progresses and methods ushering in that Writ for though the Bishops were in the year 1641. by an Act of King Charles the First with the Consent of the Lords Temporal and Commons disabled from Exercising any Temporal Jurisdiction or Authority and thereupon soon after put out of the Lords House as I have shewn yet there was no occasion of new Writs to them till the year 1661. and then there could be no new Writs made for their Restauration till they were restor'd by the same power of King Lords Temporal and Commons by
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
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
in the year 778. when Charles the Great being then King of France and soon after Emperour of the West did put all the Government of France into the hands of Twelve of the most eminent Nobles who thereupon were call'd by the Title of the Twelve Peers of France being Pares Gubernatores Franciae or in their Language Paires d'France whereof six were Lords Spiritual viz. the Archbishop of Reims the Bishops of Laon and Langres who also were stil'd Dukes the Bishops of Beauvois Chalois and Nôyon which three latter were also stil'd Comtes or Earls and six were Lords Temporal viz. the Duke of Burgundy Normandy and Guienne the Earls of Flanders Champaigne and Tholose the six Ecclesiasticks do continue to this day but the Territories of the other six being either united to or alienated from the Crown do now consist of such Princes of the Blood or Favorits without limitation by number of six as the King thinks fit but those who are do injoy the Privileges of the Original Peers constituted by Charles the Great 4. From this Constitution it is conceived we in England upon the Normans coming did make use of something of that method and did then also first make use of the word Peers although in truth as I said both of us had it from the Romans we also made use of their number Twelve as may be observed in the Ecclesiastical Parliamentary Degrees viz. first Archbishops secondly Bishops thirdly Archdeacons fourthly Deans of Chapters fifthly Proctors of Chapters and sixthly Proctors of the Clergy and six also are of the Temporal Degrees viz. first Princes of the Blood secondly Dukes not of the Blood thirdly Marquesses fourthly Earls fifthly Viscounts and sixthly Barons These being so proportion'd into twelve Degrees but not into twelve Persons I shall pass to what others have spoken concerning the number of our Peers 5. In respect the Peers of France were anciently confin'd to a certain number of six and six some of our English Writers would also confine ours to a certain number some to five and some to fifty But herein we may trust that learned Selden who saith That the number of Peers with us was never confined to any more certainty than the Lords of the Parliament are for saith he whereas only the number of five Peers are mentioned in some Records that can be no Rule of certainty because at this day the number Five doth legally express Seven as it doth in the Parliament Writ to the Warden of the Cingqueports or five Ports There being in truth saith he Seven of them and so consequently returned whereas there are eight Ports called Cinqueports and so returned as will be shewn in the second Part but however the mistake be in that Grave Author yet with submission to his great Learning I conceive this might have been better reconcil'd for the old Writers who mentioned five might intend the five Degrees of Nobility under the Princes of the Blood viz. Dukes Marquesses Earls Viscounts and Barons which makes the compleat Temporal Degrees in Parliaments And what others write of Fifty that number without doubt did relate to the number of which those five Degrees did in those days consist which were now increast to Eighty eight as may be seen in this Pawn besides those of the Blood Royal and the Lords Spiritual and Assistants and have varied in number almost in every Kings Reign But I rather believe that there was some mistake in making use of this number Five by applying it Personally and not Virtually for anciently and even to this day the number five that is five Lords do with that number Constitute the House of Lords for the dispatch of lesser Affairs till a greater number come fit for greater Affairs and so the number of fourty Members whether Knights Citizens or Burgesses or some of either do Constitute an House of Commons yet these also do not proceed to weightier matters till they be supplied with a greater number so as the number five may be well thought to have its relation to the House of Lords and the number of fifty to the House of Commons 6. But not to insist further about the definite number of Lords or Peers or about the derivation of the words Lords and Peers I shall give a touch of the words Praelati Magnates and Proceres us'd in the Latin Writs and Patents and herein if we consider the first Institution of this House it did and still doth consist of Lords Spiritual and Lords Temporal diversified into several Degrees as Archbishops Dukes c. yet the Lords Spiritual were known only by the Title Archiepiscopi Episcopi i. e. Archbishops and Bishops and the Temporal only by the Titles of Comites and Barones i. e. Earls and Barons in general terms the Lords Spiritual were called Praelati i. e. Prelates in relation to matters which concern the Soul which hath preference or prelation to that of the Body and the Lords Temporal were called in general Magnates Proceres i. e. Lords and Peers intimating Persons of the greatest Power and Domination and being the chiefest Peers and Supports as I said of the King and Kingdom 7. But in Henry the thirds time certain Persons called Abbots and Priors who were the Fathers Heads and chief Governers of Monasteries or of such Houses as were possess'd by Monks and Canons living in those Houses with an intent or pretence of weaning themselves from the World and disposing their minds to a contemplative life and these being of a mixt nature partly Regular and partly Secular and in respect of their great access of Territories given by the charity of others to support them Baronial did step in between the Lords Spiritual and the Lords Temporal and so were called Praelati with the Bishops and Magnates Proceres with the Lords Temporal But Hen. the Eighth as I have shewn did dissolve them so that the Bishops have ow the single Title of Praelati and the Temporal Lords of Magnates Proceres for we see in the Summoning of this Parliament when Bishops were excluded the words Cum Praelatis was left out but being restored then they were equally Summon'd to sit inter Praelatos Magnates Proceres and the preposition Inter is properly inserted for however their sitting is yet the Bishops are called over between Viscounts and Barons 8. Now as Abbots and Priors were thus interposed in Henry the Thirds time so in the time of Edw. the Third as I have shewn Dukes began and as they increased did step in before Earls and Barons and in Rich. the Seconds time Marquesses began and as they increast also stept in between Dukes and Earls and in Hen. the 6ths time Viscounts began and as they increast did step in between Earls and Barons so as Originally according to the dates of their Admissions these Lords Spiritual and Temporal were all Peers i. e. Pares pari gradu the Bishops were Pares inter seipsos pari gradu Episcopali the
but from his insight and transacting in matters of a more transcendent nature which dayly also come before him either of Publick or Private Concerns But in all Transactions in this World there is a Right and a Wrong which latter is term'd Unjust and sometimes it may be positively judg'd to be so yet it may so happen that summum jus may do injury whereupon there is a necessity of interposing Equity lest the Wrong by Custom should prove an esteem'd Right or that Right by necessary fix'd Rules which may be safe at one time and not at another or an unlimited use or power should slide into Wrong so as the due and critical time of applying this Equity to summum jus which is gain'd by reading Law and Precedents doth still improve and exalt the Character of a wise Man 4. But because most men are either negligently or wilfully ignorant in the way of attaining these excellent Vertues the wisdom of all Governours hath by the help of these learned Professors establish'd certain Rules to direct men which the Latin call Regulae from Regere intimating the care of Governours in Exhibiting such Rules for the good of those who are under Tuition but generally such Rules are called Laws which the Latins term Leges from Legere to Read so as every man who is not careless of his own Felicity or Justice towards others may thereby be instructed to what he ought to perform 5. In ancient times when People were not dispers'd into various Regions nor into great Societies of Towns Cities and Kingdoms but consisted of some few Families or Villages it was no hard matter to transmit those Rules or Laws to one another by singing them in Meeter or some other ways of Tradition but when those lesser Societies grew into the greater forms of Government their Legislators invented a more certain way or art of communicating their just Rules or Laws by legible Characters Words and Sentences either Writ or Printed containing those Rules which as I said were originally only certain tunable unwritten Instructions and after when mens dispositions grew more and more deprav'd there was something of Coertion added to those Laws which Coertions or inflicting of Penalties for disobedience to those Laws increas'd with the increase of unconformable tempers and herein there is nothing so great an argument of a wise and good disposition as when he makes it his study to satisfie himself and thereby able to inform others in the knowledge of such Laws or Rules as may make our Lives in this World happy and conscientious which can no ways be obtain'd but by knowing and obeying good Laws 6. For these are they as the learned Sir John Davies says to which all Kingdoms and Common-wealths are indebted for all their temporal blessings of Peace Plenty Civility and all moral parts of honesty By these saith he we injoy our Relations Lands Goods good Names or what ever is sweet or dear unto us for quid sunt Regna nisi magna latrocinia sine Justitia Legibus the Land would be full of Thieves the Sea of Pyrats the Commons would rise up against the Nobility the Nobility against the Crown without these there would be nothing certain no Contracts no Commerce no Conversation but Confusion and even Dissolution of Human Society for good Laws are Comforts to the Griev'd Counsels to the Perplex'd Reliefs to the Circumvented Preventions of Ruin to the Improvident Preservations to the Innocent Supports to the Impotent they Relieve the Oppress'd protect the Orphan Widow and Strangers they are Oculi Caecis Pedes Claudis Cures for lame and blind To sum up all they are the Secular Arms to defend both the Church True Religion and the Common-Weal of the Kingdom or State 7. For these reasons the Successive Kings of this Island have constantly as rewards set such a mark upon those who are Professors of the Laws and whose study and experience in Laws have attain'd to so great a sagacity as to know how to apply them to the publick good that the chief of them is made Lord Chancellor or Lord Keeper of the Great Seal of England of whom I have spoken who for the most part hath been a Professor of Divinity Law or Equity the next of whom I am now to treat is made Chief Justice of England his very Title Justice rendring him in one sence even Superior to the Law it self for the Law it self is but Lex tacens but he that distributes that Law is Lex loquens 8. This Title of Justice given also to every one of the twelve Judges or chief Dispensers of Laws is so ancient that in former times they were call'd Justitiae as containing that vertue not only in the singular but in the plural number and afterwards they were call'd Justitiarii Angliae and Justitiarii without addition of Angliae and after Justitiarii Regis which last Title was to the four Justices of the Kings Bench the chief of which four was anciently called Summus and at this day Capitalis Justitiarius Angliae which generally we term in English the Lord Chief Justice of England there was also anciently another sort of Justitiarii ad placita applyed only to the four Justices of the Common Pleas the chief of which was and is to this day also called Capitalis Justitiarius omitting Angliae and which we in English term the Lord Chief Justice of the Common Pleas. And to ease the People from going for Justice to them these Justices did go to the People to distribute Justice These Motions in process of time were call'd their Circuits because they did in a manner go round the Kingdom and for these Motions they were called Justitiarii Itinerantes Justitiarii ad Assisas Juratas Certificationes There were also anciently another sort of Justitiarii which it may be for distinction sake were called Barones Scaccarii consisting also of four and this Title is applied only to the Exchequer where their Justice was to be shewn in the management of the Revenue of the Crown and these four also were and are constantly mixt with the other Eight in their Itineranciis in all making Twelve 9. And for further Honor to these Eminent Professors as well out of Parliament as in Parliament they have peculiar Courts as Regalias allotted to them wherein they have daily opportunities to manifest their Wisdom These Professors I divide into three Orbs and their Courts accordingly viz. to the Lord Chancellor or Lord Keeper the Court of Chancery to the Lord Chief Justice of England the Court call'd the Kings Bench to the Master of the Rolls or Keeper of the most eminent Office of Records the Rolls Chappel in the nature of a Court to the other Lord Chief Justice the Court of Common Pleas to the Lord Chief Baron the Court of Exchequer and these are the five Courts or Regalias belonging to five of the first Orb of that Profession yet not excluding the other Nine so as The second Orb
quod constituimus Matthaeum Hale Militem Capitalem Baronem Scaccarij nostri duran ' bene placito Teste c. Scaccarius being that which we call Exchequer But his Writ of Summons to a Parliament is with this addition Dilecto Fideli Matthaeo Hale then as in the Exemplar Writ omitting Durante hene placito and so in all the Assisting Writs because the continuance of a Parliament as I said is but Durante Placito Regis therefore needless to insert it Observations THIS Chief Baron hath four more Barons to assist him in his proper Court of the Exchequer whereof the puisne or youngest made Baron of the four is not an Itinerant Justice nor accounted in the number of the Twelve Judges 2. These Barons are not such as are before mention'd of the next Degree to Viscounts in the Lords House nor such as are meerly Barons by Courtesy or Barons of Court Barons or Barons of the Cinqueports of whom I shall speak more when I treat of them in the House of Commons but are great Officers of Justice and so his Writ calls him Baro Scaccarij or Baron of an Officiate Place but the Writ to the noble Baron before mention'd is to an Hereditary Place viz. Johan Nevil Baro de Abergaveny and so to others of that Degree 3. Some think they were call'd Barons because the Court of Exchequer was anciently manag'd by noble Barons but as Okham saith that these Barons were to be Majores Discretiores c. being either cull'd out of the Clergy or Laity or the Kings Court and for many ages the chief of these five Barons was call'd as now both in his Patent and Writ Capitalis Baro and generally is Intitled the Lord Chief Baron the other four Barons do assist him in all matters between the King and his Subjects in cases properly appertaining to Assize Exchequer or the Kings Revenue 4. He is the chief Judge of that Court in matters of Law as also of Informations of any abuses therein and of Pleas upon them and solely gives order for Judgment wherein the Lord Treasurer thinks not fit to concern himself 5. He alone without other Barons in Term time Sits in Afternoons at Guild-hall upon Nisi prius upon cases which arise in London and cannot be dispatch't in the Mornings he takes Recognizances of Debt Appearances and Observances of Orders he takes the Presentations of all Offices unto himself and causeth an Oath to be given to the Lord Mayor of London He takes Audits Accounts c. in his absence and sometimes to ease him the second and third Baron hath the like power and the fourth takes the Oath of Sheriffs and as I said the three first of the five have constantly their Writs of Summons to a Parliament yet the fifth is also of good use in that Office but hath no Writ of Summons as the other 6. That which is most observable of this Court is that all Cases of great difficulty in the Kings Bench or Common-Pleas are still Adjourn'd to the Exchequer Chamber and there with the Barons Debated Argued and Resolved by all the Twelve Judges whereof the four first Barons make four of the Twelve 7. This Court consists of two parts the upper Exchequer and the lower the upper is that wherein these Barons do execute their Justice but herein the Lord Treasurer as Supervisor may Sit as oft as he pleaseth however once in every Term he seldom fails to Sit and hear Matters but the lower Exchequer is chiefly under the care of the Lord Treasurer the Offices of upper and lower being distinct yet both of them considered jointly under the Title of the Exchequer do include eight Courts or Offices viz. A Court of Pleas in some manner like the Kings Bench and Common-Pleas Secondly The Court of Accounts Thirdly The Court of Receipts Fourthly The Court of the Exchequer Chamber being for the Assembly of all the Judges of England as I said for Matters in Law for special Verdict Fifthly The Court of Exchequer Chamber for Errors in the Court of Exchequer Sixthly The Court of Exchequer Chamber for Errors in the Court of Kings Bench Seventhly The Court of Equity in the Exchequer Chamber Eighthly That which was but is not now call'd a Court yet is an Office much of the same nature and of as great concern as some of the other Intituled the Remembrancers Office of the first Fruits and Tenths who takes all Compositions and makes out all process for such as do not pay the same so that the business of this Court and inclusive Courts and Offices doth imploy above 200. Officers and Clerks 8. From which may be computed what variety of business this Court doth afford to a Parliament though not in the troubles of Summoning it yet by bringing in and issuing out of Money which are the Nerves of a Kingdom and Arteries of a Parliament so as the Progresses of this and the inclusive Courts do occasion more Debates in Parliament than what ever do arise from the Chancery Rolls Kings Bench or Common-Pleas Having done with the first Orb or Rank of Degrees of such Professors of the Law as are Summond to Parliaments consisting of five viz. Lord Chancellor Lord Chief Justice of the Kings Bench Master of the Rolls Lord Chief Justice of the Common Pleas and Lord Chief Baron I shall proceed to the second Orb or Rank of Degrees usually Summon'd and these are three Justices of the Kings Bench three Justices of the Common Pleas and three Barons of the Exchequer whose Writs are also Consimilary to that of the Lord Chief Justice of the Kings Bench. The Consimilar Writ to the three Justices of the Kings Bench. EACH of these Justices have their distinct Patents in these words 1. Carolus c. Omnibus c. Sciatis quod constituimus c. Tho. Mallet Militem unum Justitiariorum suorum ad placita coram c. Teste c. 2. His Parliament Writ hath also the same words in the Dative Case Vni Justitiariorum suorum 3. Tho. Twisden Miles had his Patent and Parliament Writ in the same words Vnum Vni 4. Wodham Windham had also his Pattent and Writ in the same words Vnum Vni Of the Consimilar Writs to the three Justices of the Common Pleas. 1. ROB. Hide Mil. had his Patent of Constituting him Vnum Justiciarium suorum and his Parliament Writ Vni Justitiariorum 2. Tho. Tyrrill Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. Samuel Brown Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni Of the Consimilar Writs to the three Barons of the Exchequer 1. EDward Atkins Mil. had his Patent of Constituting him Vnum Baronum de Scaccario and in his Parliament Writ Vni Baronum de Scaccario 2. Christopher Turner Mil. had the like Patent of Constituting him Vnum and his Parliament Writ Vni 3. This place was vacant so but eight of the nine Judges