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A54595 The constitution of parliaments in England deduced from the time of King Edward the Second, illustrated by King Charles the Second in his Parliament summon'd the 18 of February 1660/1, and dissolved the 24 of January 1678/9 : with an appendix of its sessions / observed by Sr. John Pettus ... Knight. Pettus, John, Sir, 1613-1690. 1680 (1680) Wing P1905; ESTC R18517 172,347 454

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any of the Bloud Royal only to other Lords Temporal as will be shewn in its proper place but in the 21. of King James Exemplar 16. 21 Jacob. An Exemplar Writ was to Charles Prince of Wales Duke of York for that one Parliament who was afterwards King Charles the First 17. 15 Car. 1. To Charles Prince of Wales who had an Exemplar Writ for one Parliament and after was King Charles the Second 18. 13 Car. 2. To James Duke of York who sat by vertue of the aforementioned Writ in the Parliament begun the 8th of May 1661. to the end thereof SECT IV. Observations on the Title of York THere were other Dukes of York besides these which are mention'd in this Collection viz. Edward the Son of Edmund Duke of York and upon Edwards Death his Brother Richard was created Duke of York and Henry the son of King Henry the 7th was created Duke of York who after was stiled King Henry the 8th but these 3 Dukes of York being not mention'd in any Clause Rolls to have Exemplar Writs I have omitted them in the Register of Exemplars 2. The City of York was dignified with the Title of an Arch-Bishoprick in the year 180 as some say but all agree that Taurus was Arch-Bishop there in the year 610. and also with the Title of a Dukedom in the 10th year of Ric. the 2d whereas London the Metropolitan of England hath onely a Bishoprick but no Dukedom Earldom or Marquesate appropriate to it and in Anno the Civil Government of the City was honour'd with the Title of a Lord Mayor as it was at London but how far the equivalency of that Title extends to those two Cities will be further discourst when I speak of London in its proper place and in my Annotations 3. Whilst the quarrel continued between the Dukes of York and Lancaster which lasted for many Ages York had the Title of White-rose the House of Lancaster call'd the Red-rose till both were inoculated into one Stock of Hen. 7th 4. The Title of this James Duke of York and Albany in Scotland is the same which was given by King James to Prince Charles afterwards call'd King Charles the First being first created Duke of Albany c. and at 4 Years of age Duke of York SECT V. Of Consimilar Writs to the Royal Exemplars NOw I should proceed to the Consimilars of these Exemplars but in respect that they consist of a very great number and it were too great a labour to treat of all Consimilars I shall forbear to recite them Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them and ease me of that labour so as I shall only take notice here of the Writ for this Parliament to Prince Rupert the Sisters Son to King Charles the First and this is Consimilar in all parts to the Duke of Yorks Exemplar except in the Title so I need not set it down at large but by abbreviation shall thus render it viz. Carolus c. Rex c. Praecharissimo Consanguinco Duci Cumbriae Salutem and so Verbatim with the Dukes Exemplar Duke of Cumberland being his English Title SECT VI. Observations on these Consimilars 1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time after the Exemplar Writs are set down these words following are in the Clause-Rolls and Pawns viz. Consimilia Brevia diriguntur Subscriptis and in some Consimiles Literae instead of Brevia directae Subscriptis and in some Consimiles Literae directae Conscriptis thereby seeming to retain the ancient words of Patres Conscripti which the Romans did usually apply to their Elected Senators But here it is only Consimile Breve in the singular Dirigitur praecharissimo c. Ruperto there being no other of the Bloud in England 2. Princes of the Bloud have been Consimilars when Princes of the Bloud have been Exemplars as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle of the Bloud but not where any were Exemplars who were not of the Bloud and so many more might be cited which may be seen in Cottons Collections of the Tower Records 3. In this Consimilar Writ Prince Ruperts Foraign Titles are omitted because none of the Peers do sit in the Lords House but in respect of their English Titles yet in the Proxy-writs which they allow to others their Foraign Titles are recited without scruple as will be shewn in the 10th Section of the 12th Chapter 4. I cannot but take notice here that till the Union with Scotland there was a Chair plac'd in the Lords House on the right hand of the Kings Chair for the King of Scots and call'd the King of Scots Chair Yet I cannot find by any Records of the House of Lords or elsewhere that the King of Scots did ever sit there or was Summon'd or had any proxy to sit there for him by vertue of any Exemplar or Consimilar Writ And now I shall proceed to the Exemlar for Bishops CHAP. VII The second Exemplar viz. To the Archbishop of Canterbury Section I THe Examplar for Bishops of which I am now to speak is not entred into this Pawn in the Pettibag which I have recited verbatim as all the other Exemplars are but it is entred in the Chancery Crown-Office an Office of Record also as I have shewn being issued after the Parliament was sitting nor would I have entred it here in respect my design in this first part is to write only of such Writs as were previous to the sitting of this Parliament had not I found that the Exemplar for Bishops is constantly entred in all the Clause-Rolls extant from the 15 of Edw. 2d and in all Pawns extant from the 21 of Hen. 8. except in this of the 13. Car. 2d which omission proceeding from the reasons which will be given in the following Chapter was upon the first sitting of this Parliament rectified and therefore I thought fit rather a little to deviate from my method than to defer or puzzle the Reader with the discourse of it at too great a distance from all the other Writs of Summons of which I intend to treat according to the order of the Pawn and so I crave leave as most suiting to all former precedents to treat of this Exemplar in the second place especially having the Act of Precedency unrepeal'd also to justifie my proceedings 2. Before I proceed to discourse of Archbishops or Bishops it is convenient to look back to the several Titles which were given to those who were Managers of the Religion practis'd in this Island before the name of Bishop was here known This Religion was by the Jews call'd Paganism and the Professors thereof Pagans Panims Ethnicks Gentiles Heathens and Infidels which Titles are all of the same nature The word Pagan comprehending the other five only the word Infidel was not