vicesimo primo Novembris Anno regni dicti Domini nostri Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. Annoque Dom. 1662. 17. All derivative Proxee-Writs made either from a Lord Spiritual or Temporal to any of their own Degrees or of other Degrees do not continue longer than one Session without a new Derivative License or Proxee-Instrument 18. As to the places of the Proxees in the Lords House they are not mention'd in the Act of Precedency so I shall conclude with Mr. Elsing That surely they did not sit in the Lords Seat whose Proxee he was yet in all Councils and Dyets beyond the Seas he does 19. Though they are Nobilitated by sitting as Proxees yet they are not to be accounted Peers unless they were Peers before they were Proxees Thus having said as much as I think fit of Writs to the Lords Spiritual and Temporal both Original and Derivative I am come to the Fifth Exemplar concerning the Assistants to those Lords Peers and Proxees CHAP. XIII Of the Assistants to the House of Peers comprized in the Fifth Exemplar of the Pawn 1. HAving done with all the Degrees which are mention'd in the Act of Precedencies and given an account by four Exemplars of the Writs to the Princes of the Blood of the Writs to the Archbishops and Bishops of the Writ to the Lord Chancellor of the Writs to the Hereditary Nobles of Parliament viz. Dukes Marquesses Earls Viscounts and Barons as they are mention'd in the Pawn and also given an Abstract of such Patents of Creation as Intitle some of them to be the more capable of Summons as also of Peers and their Proxies I come now to the Degrees which are not mention'd in the Act of Precedency but are compriz'd under the fifth Exemplar-Writ recited in the foremention'd Pawn viz. to the Lord Chief Justice of England and of the Consimilars to his Writ and these are different from all the former except the Lord Chancellors of which I have spoken because these do not sit in the Lords House by vertue of any Tenure or Patent of Creation or according to the Act of Precedency but only by Writs as Assistants for none do sit there without Original Writs except Proxies and Masters of Chancery c. as will be shewn But before I treat of them distinctly I shall set down some Observations on their Professions 1. These Assistants do all profess the Study and Knowledge of Laws and therefore have their Places allotted in the very heart of the Lords House that they may with the more ease give their Advice to that Noble Body in all Matters which concern either the Theory or Practice of what is just or fit to be done 2. Now there are certain Faculties and Vertues springing from the Profession of these Assistants viz. Jus or Right Justitia or Justice Judicium or Judgment Ratio or Reason Prudentia or Prudence Aequitas or Equity Discretio or Discretion Sapientia or Wisdom and Scientia Legum or Knowledge of the Laws to whith it is presum'd they have attain'd and are thereby made fit for Assistants yet that these Vertues may be the more distinctly discern'd I shall take the freedom to explain them Jus the Latin for Right is the foundation on which Justitia or Justice is built Justitia is status or statio Juris quia Jus stat vel exercetur per Justitiam So that Jus is the principal Justitia the Efflux of it Judicium or Judgment is the fix'd resolution determination or sentence of what is true or false good or evil just or unjust Reason is a Ray of Divine Light which guides a man to judge what is Just or Justice Prudence is in the nature of Providence from Providere to foresee the conveniencies or inconveniencies of so doing or not doing right to one man that it may do good to one and not hurt another Discretion is also to discern the nature or difference of things represented and to manage them to their right end and by this Equity is usher'd in which is a conscientious care that all things may be equally and proportionably done towards those who exspect Justice when the matter concerns distinct persons or interests and then Sapientia or Wisdom advanceth it self and includes the Scientia Legum or Knowledge of the Laws and that imploys all the Faculties of the Soul and hath a particular Intellect and Inspiration to see improve and manage all things to a just and right end and teacheth the Professors to instruct others in the principal Rules of perfect Conversation with each other viz Honeste vivere neminem laedere suum cuique tribuere which is to live soberly and temperately to offend no man wilfully and to give tribute to whom tribute belongs and to every man what is their right to enjoy or in our power to perform All these do constitute a wise man and the Professors of Laws have more opportunities to demonstrate them to others and by these Vertues they become Accomplish'd Assistants to a Parliament both in Divine and Human Matters 3. But the Imbecility of our Human Nature is such that no man is so universally knowing in all things as to give a true Judgment of all particulars without a light or information from others whereby to judge of what is just right or fit to be done especially in the contentions arising from the Mechanick Arts or Trades and some other Sciences which are a significant part of the Fabrick of any Kingdom or State for supposing two Artificers professing different Arts are both imployed to the perfecting of some Publick Work wherein their joint Skills are necessarily required in which they are at variance upon some mystical parts in their Trades and without determination of their differences and concerns neither of them can proceed in the joynt Design and thereupon they refer themselves to one of the Professors of the Law to settle the matter between them But it is vulgarly thought beneath one of these eminent Professors to dive into Mechanick Trades or lesser Sciences yet both of these Artists informing him of the true state of the mysteries of their respective Trades the Judge from thence makes a rational determination of what is fit to be done as well for the support of their Trades as for the common good to others by preventing fallacies or circumventions or the like contests and this he gains from the impartments and arguments of these Artists and so weighing their alternate allegations in one balance and the common good in another he makes so peculiar a determination and Sentence as to convince both parties and this from the ground of their different Arts and Impartments Now the Judge or Justice even by these dayly accidents and references doth dayly gain Knowledge and by justly managing this Knowledge grows to be generally esteem'd a wise Man not only from these lower particulars upon which the Opinion of the Vulgar is founded
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
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
of Commons c. These Patent Writs have no other appellation than Literal or Letters Patents as I said But the Parliamentary close Writs are divided into two Titles viz. Exemplars and Consimilars and though the word Exemplar is not us'd in the Pawns yet the word Consimile is constantly us'd there which doth imply an Exemplar The Exemplars are Writs set down at large in the Pawns and the Consimilars are Writs not inserted in the Pawns and yet are to have a consimilitude with their Exemplars the Exemplar being so made upon some extraordinary reason as will be shewn hereafter As for those Writs which concern the House of Lords of which I only treat in this first Part as they are more in number than any of the other Houses not including derivative Writs Precepts or Citations so they are of a more nice nature in respect as I said they are personal for a distinct Writ is to be provided for every individual Lord sitting in the Lords House but not so in the House of Commons or lower Convocation as will be shewn and though the main body of the Writs in those concerning the Lords House do differ but little from the Writs of former Kings or from those of the House of Commons yet the Titles do very much vary in every Parliament partly by the new Creation of Barons partly in their Ascension from Barons to higher degrees and partly by splitting of Titles upon extinction of Families and for other causes they are in few years subject to variation in Titles wherein every Lord is exact in having his due and therefore some of the Heralds as I said according to the several districts of the Kingdom under their managements are or ought to be consulted with that the Clerks may commit no mistakes either in their Titles of Grace and Favour or in their Titles of Rights and Concessions before the Writs be sealed and the not effectual doing this which ought to be done might occasion some mistakes and differences between the Exemplar and Consimilary Writs in point of Titles as will be shewn The other parts of the Writs as well in Exemplars as Consimilars which concern not the Titles of the Peers are the same both in the declaratory and mandatory parts except some few words of which I shall take notice in my proceedings and herein I shall not trouble my self with shewing what reasons were given in some Writs for summoning a Parliament or what in others or the reason of those Reasons and why in some there were no Reasons given only a short Mandamus All Writs at large recited in this and all former Pawns are the Exemplars of all other Writs of Summons for a Parliament which are not in the respective Pawns whereby these in this Pawn with the addition of the Bishops Exemplar Writs which are entred in all former Pawns did and do now make 12 Exemplars but the Writs which are not recited in this and former Pawns which I term Consimilars at the calling this Parliament were in all 262. Some of the 12 are Exemplars and other Writs have a consimilitude to them yet have no positive Consimilars appointed them whereof there are but three viz. One to the Lord Chancellor in the Lords House and to the two Palatines in the Commons All Writs of Summons to the House of Lords both Exemplars and Consimilars are Personal and Local but all Writs of Summons for the House of Commons are only Local These 12 Exemplars are in this following method stated with their Consimilars viz. those 5 for the Lords House are   Exemplar  Consimilar I. To the Duke of York 1  1 II. To the Archbishop of Canterbury 1  25 III. To the Lord Chancellor 1  0 IV. To the Earl of South-hampton L. Treasurer 1 In this Parliament 3 Dukes 4 Marque 55 Earls 8 Visc 68 Barons 138 V. To the Chief Justice of the Kings Bench 1  15 So there was in the Lords House 5 Exemplar Writs and 179 Consimilars in all 184. The remaining Exemplar Writs relating to the House of Commons are 7. of which I shall speak more in the next part of this Treatise viz. VI. To Cornwall 1  4 VII To Cambridge 1  1 VIII To London 1  18 IX To Dover 1 Cinqports 7 X. To Lancaster 1  0 XI To Chester 1  0 XII To Carmarthen 1 Wales 11 So there is for the Commons House 7 Exemplars and 73 Consimilars in all 80 Writs in both Houses 264 So many Exemplar and Consimilar Writs were issued to Constitute this Parliament An. 1661. in the Lords House to Countreys Shires and Comitated Cities and Towns in the Commons House whereof some years after its Sitting one Exemplar and one Consimilar was issued for the Bishoprick of Durham all the rest of the Writs for Cities Towns and Burroughs not Comitated of which I shall give an account do lose their names of Consimilars when the Exemplar Writs do come to the respective Sheriffs for then they pass from the respective Sheriffs under the titles of Precepts or Derivative-Writs as shall be more fully discourst of in the second part where I treat of the House of Commons Now I shall proceed to the Act of Precedencies and give a short description of such as are to be Summon'd for the Lords-House only because I speak more amply of their Individual-Writs whereby they are Summon'd CHAP. III. Of Precedencies HAving shewn the Kings Warrant and the Lord Chancellors and the Record made up in the Pettibag call'd the Parliament Pawn and given a touch of the nature of Writs in general and in particular of Parliamentary Writs of Summons consisting of Writs Exemplar and Consimilar as also an hint of Precepts or Derivative-Writs from those Exemplars which are to be more fully treated of in the 2d part I shall proceed to the Act of 31 of Hen. the 8th concerning Precedencies in the Lords House occasion'd from the defect or long disusage of Pawns or other State reasons for there being no Pawns extant but as I said from the 21 of Hen. the 8th to this time the other being by Endorsment c. on the Records in the Tower or Rolls Chappel Our King Hen. the 8th did make this Act of Precedencies which hath its chief Reference to the time when a Parliament is Sitting and so not proper to be inserted in this place seeing my design in this first part is to treat of matters previous to a Parliament before I speak of matters Sedente Parliamento yet it may be allow'd in respect I make no other present use of it than to inlighten the Readers with the Characters of such Persons and Degrees as are to have Writs of Summons to sit there according to that Act and therefore I shall first shew a Transcript of that Act then some Observations upon it and then give some short discourses of the Noble Degrees therein mention'd in order to their Writs which shall distinctly follow The
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
consists of Nine more viz. three Justices of the Kings Bench three of the Common Pleas and three other Barons of the Exchequer and these have gradual interests in those three Courts as will be shewn and with the other five do make fourteen of the first and second Orb and as a further addition of Honor twelve of these fourteen in their Circuits twice every year have Courts also provided for them almost in every County of England as will be shewn The third Orb of the Professors of Law are not usually above six in number yet sometimes more sometimes fewer as will be shewn I mean of such only as have Summons to sit in Parliament and these have Courts also allotted for them viz. the Kings Serjeants at Law the Kings Attorney General the Kings Sollicitor General have the Inns of Courts though common also to under Graduates and Students and the two principal Secretaries of State have the Kings Court or Palace for their Regalias so as the before mentioned five of the first Orb and nine of the second Orb and six of the third Orb these three Orbs being the most eminent of that Profession have not only the Jurisdiction and an Interest in the said Courts but as an higher mark of Honour and Esteem though they were no Lords or Barons of the Realm yet they were and are usually Summon'd by Writs to the High Court of Parliament when ever it Assembled and there they are also dignifi'd with peculiar Places appointed for them and many Priviledges of which with their Number and the Causes of Variation of that Number I shall give an Account in the ensuing Sections 10. These as I said are imploy'd in the Lords House to be Assistants with their sage advices who are perfect knowers both of general and particular Laws viz. in the Laws of God and Nature the Civil Laws practised in most parts of Europe the Ecclesiastick Laws of other Nations but more particularly of our own of our Common Statute Municipal and Customary and By-Laws which are alterae Leges and many others of other Titles which we derive and still retain from the old Roman Empire Saxons c. And thus fraught with knowledge of Laws they bring them for the most part into the Hive or compass of our Common and Statute Law and their universal knowledge makes them esteem'd Learned their Learning indues them with Wisdom their Wisdom enables them to be Justices or Judges out of Parliament and in Parliament to be Assistants there for the better carrying on of Publick Actions and Consultations so as the present Laws may be preserved or such new ones made as their Wisdoms shall think fit to advise there being sometimes as much necessity of making new or correcting altering explaining or inlarging the old as in possitively preserving them for when a Buttress hath sustain'd an House many years and is it self decayed by time it is to the safety of the House to have another Supporter in its room for tempora mutant mores and mores may justly mutare leges considered according to the diversity of circumstances and herein consists the great Master-piece of advice by turning a nolumus mutare into a rational volumus 11. Having now given a short discourse of Law and the Professors of it in general occasioning just grounds for their Assistance I shall proceed to the particular Titles of the chiefest Professors of it and according to my first propos'd Method go on with the fifth Exemplar mention'd in the aforesaid Parliament Pawn viz. to the Lord chief Justice of England The Form of the Fifth Exemplar-Writ to the Lord chief Justice of England CArolus Secundus Dei gratia Angl ' Scot ' Franc ' Hibern ' Rex fidei defensor ' c. Dilecto fideli suo Roberto Foster Militi Capitali Justiciario nostro ad placita coram nobis tenend'assign ' salutem Quia de advisamento assensu Consilij nostri pro quibusdam arduis urgentibus negotijs nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maij prox ' futur ' teneri ordinavimus ibidem vobiscum cum magnatibus proceribus dicti Regni nostri Colloquium habere tractatum vobis mandamus firmiter injungend ' quod omnibus alijs pretermissis predictis die loco personaliter intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negotijs tractatur ' vestrum Consilium impensur ' Et hoc nullatenus omittatis Teste me ipso apud Westm ' decimo octavo die Februarij Anno regni nostri tertiodecimo The next words in the foremention'd Pown are consimilia Brevia diriguntur personis subscriptis But before I speak of those Consimilars I shall add some few Observations on this Exemplar Observations on the Exemplar and its Consimilars I Did think to have made distinct Observations on this and the following Consimilars but finding how curiously they in their Jurisdictions Power Authorities and Operations are intermix'd separated and yet united I shall speak of them as they spring up from my Recollections on which others may graft more as best suiting to theirs 1. Neither this chief Assistant nor any of the following Assistants which are call'd Consimilars in the Pawns are mention'd in the Kings Warrant to the Lord Chancellor for summoning a Parliament otherwise than in these words Wherefore We Will and Command you forthwith upon receipt hereof and by warrant of the same to cause such and so many Writs to be made and seal'd under our great Seal for the accomplishment of the same as in like cases hath been us'd and accustom'd as may be seen in the first Chapter And thereupon the Lord Chancellor according to the ancient Custom and such Precedents as I have and shall set down sends his Warrant to the Clerks of the Pettibag in haec verba as in the first Chapter You are hereby required forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Spiritual and Temporal as also for the Judges and others to appear at the Parliament to be holden c. in such method and form and directed to such persons as are and have been usual in such cases c. Now that the Lord Chief Justice and the Consimilars of which I am to speak have been anciently and usually summon'd I have and shall shew in their following order 2. In the Act of Precedency there is no mention made of the Places of these Assistants but there having never been any dispute among themselves of their Places or Precedencies for they are perfect in their own Regularities and Seniorities c. it had been but expense of time and Paper to insert them and therefore according to the constant order by which they have sat anciently in the Lords House I shall treat distinctly of them so soon as I have ruin through
some few mix'd Observations 3. This great Minister of Justice was anciently made by Letters Patents with the Clause of Quam diu nobis placuerit and so it continued till about the end of Henry the Third and then and ever since he hath not been constituted by Commission or Patent as all the other Judges are but by Writ only in this form Rex c. R. F. Militi salutem Sciatis quod constituimus vos Justitiarium nostrum Capitalem ad placita coram nobis tenend'durante bene placito c. Teste c. And this Writ makes him capable of his Parliament-Writ before recited 4. The Lord Chancellor or Lord Keeper of the Great Seal as I said is admitted Chancellor or Keeper by delivery only of the Great Seal to him and taking his Oath without Patent or Writ but this Lord Chief Justice is admitted to his Office by Writ only and all the other Assistants of whom I shall speak do injoy their Offices in their respective Courts by Patent only and all of them durante bene placito except the Master of the Rolls whose Patent is durante vitâ as will be shewn 5. But neither the delivery of the Great Seal to the Lord Chancellor or Lord Keeper nor the aforesaid Official Writ to the Lord Chief Justice of the Kings Bench nor the respective Patents by which the other Justices enjoy their respective Offices do intitle them to sit in the Lords House without such an especial Parliament Writ of Assistance as is shewn in the Exemplar before recited to which all the other Assisting Writs have a Consimilitude 5. This Parliament or Assisting Exemplar Writ to the Lord Chief Justice of the Kings Bench and all the Consimilars to it mutato nomine titulo Officii agrees in all parts with the Writ to the Lord Chancellor as I have before shewn except the alteration of the words Praedilecto perquam Fideli into Dilecto Fideli which are in this and in all the Writs to the following Assistants 6. The differences between this Writ and that to the Hereditary Lords in Parliament are partly shewn in the Observations on the Lord Chancellors Writ the rest will be shewn 7. This Parliament writ diffeers but in few words from the form of the writ issued in the 15th of Edw. 2 d. from whence I take my rise nor from the Successive Writs to this time which for the satisfaction of others whereby they may see that no new form is obtruded on them I have set here down Verbatim Rex Dilecto Fideli suo Willielmo de Bereford salutem Quia super diversis arduis negotiis nos statum Regni nostri specialiter tangentibus in instante Parliamento nostro die Domincâ prox ' futur ' ante Festum sancti Laurencii prox ' futur ' fecimus summoneri vobiscum cum caeteris de Concilio nostro colloquium habere volumus tractatum vobis mandamus firmiter injungentes quod omnibus aliis pretermissis dictis die loco personaliter intersitis nobiscum cum ceteris de Consilio nostro super premissis tractatur ' vestrumque Consilium impensuri Et hoc nullatenus omittat ' Teste c. In this Writ the words after Regni nostri viz. Ecclesiae Anglicanae are omitted for the Church in those days was almost wholly manag'd by Ecclesiastick Persons who were Conversant in the Civil and Canon Laws c. but in the 26th of Henry the Eighth when the power of the Pope was here abridg'd those words Ecclesiae Anglicanae were entred and continued to this day Also after the word Vobiscum these words ac cum Praelatis Magnatibus Proceribus are omitted but as near as I can collect some of the most eminent of the Professors of the Law as the Lord Chief Justice and Lord Chief Baron c. were sometimes Summon'd by Peeral Writs that is by such Writs that were sent to the Nobles and then the words ac cum Praelatis c. as in Richard the Seconds time to Jo. Cavendish Capital'Justic ' and in Henry the Fifths time to William Hanckford and many more were inserted but when ever they were Summon'd meerly as Assistants the words cum Praelatis c. were left out and so have been ever since Edward the Fourths time 8. This Parliament Writ is directed Capitali Justitiario nostro ad placita c. and so is his Writ by which he enjoys that great Office yet his common and general appelation is Capitali Justitiario Angliae which we call Lord Chief Justice of England and sometimes Lord Chief Justice of the Kings Bench and by some one of those Titles he is called so in several Acts of Parliament and ancient Records as I have hinted and though the word Lord be added to his appellation both in his Assistancies and Office and so to some other of the Assistants yet neither he nor they are to be counted Lords of Parliament for his Writ by which he enjoys his Office which is the Inducement to his Assisting Writ is but durante Placito honore Officii and his Assistance being but durante Parliamento neither of them can six the Title further than the continuance of his Office or Assistance And here it may be observed that the word Vos a word of great eminency always signifying a plural though sometimes apply'd to a single Person is us'd in this Official Writ before mentioned to the this Lord Chief Justice but is not in his Parliament Writ nor in any of the Patents or Parliament-Writs to the other Justices of whom I shall speak in order 9. The antiquity of this great Minister of Justice and his Court is doubtless more ancient under various Titles than from Hen. the Thirds time from whence we vulgarly compute it for the Civilians do acknowledge that Justitiarii sunt umbrae quaedam illorum qui olim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Graecos dicebantur designati ad Custodiam Juris aequitatis However Sir Edward Coke to prove its antiquity tells us of an Epitaph in Ramsy Abby ingraven on Stone in these words Alvinus incliti Regis Edgari Cognatus totius Angliae Aldermannus saith that by Aldermannus is meant Capitalis Justitiarius Angliae and consequently his Assistance in all Councils before the name of Parliament and since that name hath always been esteem'd necessary and as he saith all these Courts of Justice are so ancient that they seem to have their Originals from Custom rather than by Commission 10. His Jurisdiction is so great as well out of Parliament as in Parliament that often times the Lords do wave their own Power and Priviledges of using their own Officers and do direct the Chief Justice to send out his single Warrant to Seize on Persons in case of Treason or Suspicion of it or for other high Crimes or Misdemeanors and the House of Commons have likewise sent to him to come to their House upon the like occasions
determin Causes yet appealable to the Lord Chancellor 5. There are other Masters of Chancery call'd Extraordinary and six Clerks of eminent Quality and other Clerks imployed both in the Chancery and Rolls but these are not Summon'd to Parliaments of whom I shall speak more but in in those capacities which I have mention'd the Master of the Rolls as Master of the Rolls or chief Clerk of the Pettibag or both or chief Master of Chancery or in all three Capacities he is very Assisting to a Parliament especially in the business of Summons c. For as I have shewn in Cap. 2. whenever the Kings Warrant is sent to the Lord Chancellor to issue out Writs for a Parliament his Lordship either sends it or a like Warrant to the Master of the Rolls who as chief Clerk of the Pettibag causeth the other Clerks of the Office to ingross all the Writs both for the House of Lords and House of Commons so as they may be fit for the Great Seal and these being thus done and fairly abstracted and ingross't into a Roll which is call'd the Parliament Pawn and lies there as a Memorial and Record of what they have done and as a President for the future all the particular Writs mention'd or intimated in that Pawn being fitted are carried to the Lord Chancellor and being in his presence Seal'd they are immediately delivered to Messengers belonging to the Chancellor who do take care to dispose some to the Persons to be Summon'd for the Lords House and others to the respective Sheriffs of all Counties and Comitated Cities for Elections of such as are to sit in the House of Commons and so the Master of the Rolls and the Clerks of the Pettibag having done all their parts and the Messengers and Sheriffs theirs the same Writs which concern the Lords House are or ought to be return'd to the Clerk of the Lords House at the first Sitting and the Writs for Elections are to be return'd by the respective Sheriffs to the Clerk of the Chancery Crown Office and not to the Pettibag as hath and will be shewn for they come no more there till some time after Dissolution of a Parliament and then for ease of that Office and more safely preserving them they are order'd to be carried to the Rolls and from thence to the Tower all which will be more fully shewn which method I often repeat in this Treatise because I find it so much neglected As to the Imployment of the other Eleven Masters of the Chancery in time of Parliament I shall shew it in a distinct Chapter This Master of the Rolls doubtless hath been anciently Summon'd to Sit in the Lords House yet I find no Writs issued to him till the 36th of Henry the Eighth and then as Master of the Rolls not as chief Master of Chancery and after that he was Summon'd to all Parliaments except the 39th of Eliz. and first of King James and in this very Parliament a Writ was prepared for him but being Elected a Member of the House of Commons his attendance was not requir'd in the House of Lords for what reason I know not but he hath his place whenever he Sits there next to the Lord Chief Justice of England upon the second Woolsack as will be shewn in the Chapter of Places The Consimilar Writ to the Chief Justice of the Common-Pleas THE Patent which invests this Chief Justice to his Imployment in this Office is in haec verba Carolus c. Omnibus ad quos Patentes Litterae nostrae pervenerint salutem Sciatis quod Constituimus dilectum fidelem Orlandum Bridgman Militem Capital'Justitiarium nostrum de Banco suo Duran ' bene placito Teste c. Observations HIS Writ of Summons to Sit in Parliament is also Capitali Justitiario nostro de Banco mutato nomine in all other words agreeing with the Exemplar and here it may be again observed to prevent vulgar misunderstandings That the Lord Chief Justice of England is Chief Justice of the Kings Bench or upper Bench and this is Chief Justice of the Common Bench and sometimes one is call'd Chief Justice of the Pleas of the Crown as in the Latin words De placitis Coronae and this Chief Justice of the Common-Pleas or Communia Placita yet in the Latin Writ it is de Banco so as both Courts are call'd Bancks or Benches and both call'd also Courts of Pleas in respect of Pleas or Pleadings one properly concerns the King in matters Criminal the other concerns the Pleas or Pleadings of the Commonalty or Common People among themselves in matters Civil and one also is call'd the Upper Bench the other the Common Bench and therefore what ever the Patent or Writs are yet for an easier distinction I here intitle one the Chief Justice of the Kings Bench the other Chief Justice of the Common-Pleas 2. As for the names Bench or Banc Pleas or Placita I refer them to my Annotations 3. The Chief Justice hath three more Justices to assist him in this Court 4. That which makes the eminency of this Court is That only the learned Serjeants of the Coife of whom I shall speak in order being the next Degree to Judges do Plead in this Court yet not prohibited from Pleading in all other Courts but all other Graduans of Law have the liberty to Plead in all other Courts but not in this 5. The Pleas of this Court cannot be so well ascertain'd as that of the Kings Bench because the Pleas held by Common Persons or between Subject and Subject are devided into as many Branches as Actions and the Actions into as many Causes as there are variety of Contests in the Kingdom yet all these Actions Causes and Contests are included under three notions Real Personal and Mixt which are here tried as they happen according to the strict Rules of Law As for Personal and Mixt Actions they are tried in other Courts but Real Actions are only Pleadable here nor are any Fines of Concord which is observable levied in any Court but this so that as Sir Edward Coke saith the Motto of this Court may be Haec est finalis Concordia 6. Upon these and other considerations the necessity of requiring Assistances from the Justices of this Court may appear For as the Justices of the Kings Bench may acquaint the Lords with what concerns the King so the Justices of the Common Pleas may most properly acquaint them with what concerns the People whereby Laws for either may be corrected repeal'd or made de novo as shall be thought most expedient 7. The Justices of this Court are not concern'd in the managing of any Summons to a Parliament as the Lord Chancellor and Master of the Rolls are Of the Consimilar Writ to the Chief Baron of the Exchequer THE Title of this is different from the two Chief Justices for his Pattent is thus Carolus c. Omnibus ad quos Patentes Litterae nostrae pervenerint Sciatis
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
stand fair but if divulged they are sure not only to lose the credit of the Event but double the disrepute if both be bad Herein some men are naturally of a more reserved temper than others however those are only fit to be Counsellors and Secretaries of State who have no Windows in their Breast that is no such transparent Eyes as men may easily see their disposures of Affairs but can wisely keep the Secrets of State from other mens Inspections and in Parliaments I conceive such Tempers are very useful for if the People Trust them they do well in performing their Trust but appealing again to the People shews a diffidence in their own Judgments Thus having shewn the Kings Warrant in the Front and the Secretaries Writ in the Rear and fix't the Noble Lords betwixt those who manage the Laws Divine and those who are Assistants in Human Laws and run through the most constant Writs which are us'd for Summoning such as are to fit in a Parliament either as Essential or Assisting Members thereof I should now proceed to the House of Commons but I shall crave leave First To speak of some accidentall Writs for Assistants Secondly Of the manner of return of all the aforesaid Writs Thirdly Of such as sit there without Writ or Patent Fourthly Of such as sit there only by Patent and Fifthly Of some other Officers who are imployed there by vertue of Patents CHAP. XIV Of Consimilar Writs and Patents upon Emergent occasions 1. I Find in Mr. Prins Breviary That he cites many Records long before Henry the Eighth which I shall not examine because some of them have been so long disus'd Of Knights Justices of North Wales Treasurer of Carnarvan Treasurer of the Kings House Chancellor of the Exchequer Deans Archdeacons Escheators and one Magister Thomas Yong which he takes to be a Master of Chancery that have been Summon'd by Writ to sit in Parliaments in the Lords House but since Henry the Eighth in the Pettibag several Writs of Assistants were issued as I have shewn in the 11th Chap. Sect. 9. to shew the Kings Power some of which were Professors of the Law and some not 2. There was another Writ viz. to the Warden of the Cinqueports which was not constant but occasional for sometimes it was directed to an Earl and sometimes to some one Person under the Degree of a Baron yet by vertue of the Writ he was impowr'd to sit in the Lords House but since Henry the Fourths time when that Office was supplied by the Prince of Wales after called Henry the Fifth who had a Writ with the addition of Guardian ' Quinque Portuum that Trust hath been committed to some one of the Blood Royal and from that Writ other Writs are derived to all the Cinqueports But in respect this Writ as to a Parliament is mostly concern'd about Election of 16. Members to serve in the House of Commons I shall refer the Discourse of it to the second part in that Chapter which particularly treats of the Cinqueports 3. If at any time the Lord Chancellor or Lord Keeper be absent upon just occasion as when the Lord Keeper Bridgman in this Parliament was Sick a Patent was made for Sir John Vaughan then Lord Chief Justice of the Common Pleas to supply his place and the like to Sir Francis North Chief Justice of the Common Pleas also c. and though for the most part this happens in time of Parliament yet because it may happen between the time of Summons and the Sitting of a Parliament which is the chief design of this part of this Treatise I have thought fit to enter the form of that Patent in this place rather than defer it viz. CHARLES c. To Our Right Trusty and Welbeloved Sir Francis North Knt. Chief Justice of Our Court of Common Pleas Greeting Whereas Our Right Trusty and Welboved Councellor Heneage Lord Finch Our Lord High Chancellor of England is often so infirm that he is not able constantly to attend in the upper House of this Our present Parliament now holden at Westminster nor there to supply the room and place in the said upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you And by these Presents do Name Constitute and Appoint and Authorize you from day to day and from time to time when and so often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said upper House to Occupy Vse and Supply the said room and place of the said Lord Chancellor in the said upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence and then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if if he were there personally present Vsing and Supplying the same room Wherefore We Will and Command you the said Sir Francis North to attend to the doing and execution of the premisses with Effect and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every respect In Witness whereof We have caused these Our Letters to be made Patents Witness our Self at Westminster the Nineteenth day of March in the Nine and twentieth Year of our Reign Per ipsum Regem propria manu Signat And having now dispatch't all the Writs and Patents which concern the Summoning of such as sit in the Lords House it is proper to shew the manner of returning of those Writs which is usual in all Courts and ought to be strictly observed here CHAP. XV. Of Returns of Writs relating to the Summoning of such as are to Sit in the Lords House IN all Judicial Courts from whence Writs do issue there is care taken for their due Returns as may be seen in Fitz Herbert and such Authors who have treated of the nature of Writs and their Returns but none of them giving a full account of Parliament Writs and Returns gives me occasion to insert this Chapter As to the Return of the Writs to the Lords Spiritual and Temporal and Assistants they ought by every individual Person who had a Writ to be deliver'd to the Clerk of the Parliament before the House Sit or immediately upon their Entrance into the House at the Table and by the said Clerk they are to be kept with the Records of that House By the omission of this method many inconveniencies have and may happen to their Successors or Posterity and therefore it is wisht there were more care taken in their due Returns to which they may be incourag'd being of so little trouble in the performance But as to the
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
Scotiae Franciae Hiberniae Rex fidei defensor c. Praedilecto perquam fideli Conciliario suo Edwardo Domino Hide Cancellario suo Angliae salutem Quia de advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostrum Westmonasterium octavo die Maii proximè futuro teneri ordinavimus ibidem voibscum ac cum 〈…〉 Proceribus dicti â—â—egm nostri 〈◊〉 habere â—â—actatum Vobis Mandâ—â—â—â— firmitur 〈…〉 quod 〈…〉 aliis praetermissis 〈…〉 personaliter intersitis nobiscum ac cum caeteris de Concisio nostro super dictis negotiis tractatur ' vestrumque Consilium impensur ' hoc nullatenus omittatis Teste apud Westmonasterium decimo octavo die Februarii Anno Regni suo decimo tertio Grimston SECT IX Observations on this Writ FIrst I shall shew how it differs from the Writs to the Nobles Secondly How it differs from the Writs to the other Assistants First It differs from the Writs to Dukes Marquesses Earls Viscounts in these particulars First To Dukes and Marquesses the Writ is directed Praecharissimo Consanguineo to Earls and Viscounts Charissimo Consanguineo to Barons Praedilecto fideli and to Assistants only dilecto fideli but this Writ is directed as to a Baron viz. Predilecto perquam fideli yet the body of the Writ differs from the Barons the word perquam is added to fideli being in no other former Writs but is a proper word to express our English Right Trusty and here it may not be improperly hinted that in English Superscriptions Right Trusty is placed before Well-beloved but in Latine Well-beloved or Praedilecto is before Right Trusty or Perquam Fideli Secondly The words Sub fide ligeantia are in the Lords Writs next to Vobis Mandamus but in all the Assisting Writs those words are omitted probably because in former times the Assistants had not Tenures but only knowledge of the Laws which occasioned them to be sent for by Writ Pro Concilio Thirdly The words Consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque in the Lords Writs are left out in the Assistants Writs and instead thereof omnibus aliis praetermissis are inserted In the Mandatory part of the Writ the words in the Writ are ac cum caeteris de Concilio nostro instead of ac cum Magnatibus praedictis which is the chief distinction between the Peers and the Assistants Fourthly In this part also of the Writ the Words are only in short hoc nullatenus omittatis but in the Lords Writs hoc sicut nos honorem nostrum ac Salvationem regni Ecclesiae praedictae expeditionemque dictorum negotiorum diligitis their Lordships being more eminently concerned in the Kingdoms Interests Fifthly In all the Pawns extant and in most of the Clause-Rolls after the Exemplar Writ of every Degree or Quality is named these words are added Consimilia dirigenda but there is no Consimilar directed to this Writ and although the Master of the Rolls is an Officer very little differing in many things from the Office of the Chancellor or Keeper yet his Writ is made a Consimilar to the chief Justice of the Kings Bench his Writ and not to the Lord Chancellor the Lord Chancellor standing Exemplar without any Consimilar and there are but Two of the same nature in all the Pawns from the 36. of Hen. the Eighth to this time viz. That to Chester and to Lancashire as will be shewn in their order the true reasons thereof are as I conceive 1st That this Officer is of so transcendent a nature that a Consimilar thereunto were improper because the Original Warrant for issuing out Writs as is before recited is made from the King only to the Lord Chancellor or Lord Keeper and the like Warrant not to any others of the Assisting Degrees 2dly His Lordship usually and in most Cases is necessarily the chief Minister of of State 3dly He is the Supream Assistant of all the Assistants in the House of Lords for he is not only Lord Chancellor and Assistant but of late years constantly Speaker of that House 4thly His Grandeur is such that he hath four places in the Lords House one behind the King of Scots-Chair the other next to the Dukes of the Blood the third on the first Woolsack 4thly at the Table as will be shewn whereas each of the other Assistants have but one single place different from those provided for the fixt Nobility as will be shewn in the Local part 6. I cannot conclude this Chapter better than from Sir John Davy an Eminent Lawyer in his Epistle to his Excellent Reports who Describes a Chancellor in these words Saith he Is he not ad Latus Principis to attend him Auricularius Principis to advise him Doth not the King make him the Conduit of his Wisdom when he useth his Voice and Tongue to declare his Royal pleasure Doth he not make him the Organ of his goodness when he trusteth him with his Mercy and Conscience in sweetning the bitter waters of summum jus and in mitigating the rigour of Law to his people Doth he not represent Reverentiam Principis in the Power and Authority of his Office In a word if the greatest honours do belong to the greatest vertues for what is honour but a reflection and reward of vertues How vertuous a person must he be with what Gifts and Graces with what Abilities with what Ornaments both of Art and Nature must he be indowed and furnisht viz. with all Learning Law Policy Morality and especially Eloquence to impart and Communicate all the rest he must withall have a long and universal experience in all the Affairs of the Common-wealth he must be acceptable and absolute in all points of Gravity Constancy Wisdom Temperance Courage Justice Piety Integrity and all other vertues fit for Magistracy and Government yet so as the same be seasoned with Affability Gentleness Humanity Courtesie without descending or diminishing himself but still retaining his Dignity State and Honour Briefly he must be a person of such vertue and worthiness that not only his Writ may be exemplar to other Assistants but his Life and Conversation a Mirrour and Example to all Magistrates 7. He performs all matters which appertains to a Speaker of that House whereby he may be said to be the Eye Ear and Tongue of that great Assembly 8. He is the Inlarger Explainer Interpreter or Pronouncer of the Kings Commands or Pleasure and that which is further observable of 72. Officers under his Jurisdiction more than 44. of them are imployed in Parliament concerns either upon its Summoning or during its Sitting as will be shewn in my Annotations And as his Warrant is the second Warrant that gives life to a Parliament and vivacity to its continuance by Sessions
as happened when by their directions his Lordship sent out Warrants to Seize the five Lords of whom I shall speak in the Chapter of Tryals 11. Other uses are also made of him and some other of the Assistants in Parliament for when the Lords have any matter of importance to impart to the House of Commons then the Lord Chief Justice with the other Chief Justice or Lord Chief Baron or some other of the Judges but always one of them and no more is joyn'd with him in delivering the same but in matters of less importance two Masters of Chancery are imployed as will be shewn 12. When any Writs of Error or Writs of Habeas Corpus or Tryals of Peers or when any Pleas of the Crown or other cases Criminal Civil and sometimes Ecclesiastick or indeed any matters of Law are to be heard and determin'd in Parliament as also in the penning of new and altering explaining or repealing of former Statutes their assistances are required and more especially the Chief Justice 13. The number of Assistants Summon'd by Writ to appear in Parliament Cum caeteris de Consilio from the time of Henry the Third to the 21. of Henry the Eighth consisted of an uncertain number sometimes above fourty sometimes under but from the 21 of Henry the Eighth from which time the extant Pawns do give an exact account of them they never exceeded 27. and sometimes were not above 13. or 14. But in all Parliaments since Edw. the Firsts time some of them were Summon'd and very likely before For Mr. Prin though in his Breviary of Parliament Writs pag. 36. he tells us of Twenty four Parliaments from the 49. of Hen. the Third to the 49. of Edw. the Third and many more which he saith he omits of which Parliaments he saith there is no mention of Writs of Summons to any of the Kings Council Justices Officers or others in the Rolls of these Parliaments yet he kindly ascribes it to the negligence or slothfulness of Clerks in omitting the entries of their Writs This he saith but he had done much better for his own justification and others satisfaction being intrusted by his Majesty with the Records of the Tower if those Records which he cites both in his Breviary and many others montion'd by him in Sir Robert Cottons Abridgment now wanting might have been restored by him to their ancient Repositories there 14. As to the Lord Chief Justice and the Assistants Places in the Lords House none of them as I have said have their Places there by the Act of Precedency's but rather by custom and favour of which I shall speak more when I come to the actual Sitting of the Parliament as also of their Priviledges and Employments there 15. As to the Officers which are under the Lord Chief Justice his Jurisdiction none of them are imployed about the Summoning of a Parliament but many of them are imployed in other matters in time of Parliaments as in cases of Errors c. but more chiefly upon Tryals of Peers when only the chief Clerk of the Crown in the Kings Bench is the principal Manager of them as will be shewn 16. Regularly no Officer or Court either in Parliament or out of Parliament have greater Power or Jurisdiction or more publick affairs to manage except the Lord Chancellor in Chancery and yet in some cases above it For all appeals from the Chancery and other Courts are determin'd in this Court and no appeal from this Court but to the High Court of Parliament and all Records which are brought from other Courts into this are never return'd back into those Courts from whence they were brought and many others which might be instanc't 17. To conclude his Lordship or the other Lord Chief Justice or one of them are constantly appointed to be Speaker of the House of Lords Pro tempore when the Lord Chancellor or Lord Keeper is absent which is usually done by a particular Writ which I shall enter amongst emergent Writs Chap. 14. Thus having said as much as I think convenient concerning this Exemplar with some intermixtures of some of the Consimilars I proceed to give a short touch of each of the Consimilars more distinctly and first of the Master of the Rolls Of the Consimilar Writ to the Master of the Rolls 1. THE Office of Master of the Rolls is granted by Patent under several Titles viz. Clericus parvae Bugae Custos Rotulorum Magister Domus Conversorum and he Sits in the Rolls to hear Causes c. by vertue of a Commission to that purpose 2. But his Writ of Summons to a Parliament is directed as in this Pawn viz. Harbotello Grimston Baronetto Magistro Rotulorum Cancellariae suae and then the remaining part of his Consimilar as also the rest of the following Consimilar Writs agree in the same words with the Exemplar to the Lord Chief Justice as in Sect. the Eleventh 3. This Magister Rotulorum or Custos Rotulorum or Clericus parvae bugae is the same which we call in English Master of the Rolls anciently call'd Clerk of the Rolls but from Henry the Sevenths time when the Clergy did decline in their Temporal Imployments he was and is still call'd Master of the Rolls 4. In the absence of the Lord Chancellor or Lord Keeper he Sits as Judge in the Chancery and therefore by Sir Edward Coke is call'd his Assistant and at other times he Sits as Judge of Causes in the Chappel of that House which in Henry the Thirds time was imployed as a place of Charity to such Jews as should turn to the Christian Religion but those Jews being Banish't Edward the Third did dispose of it for the keeping of Records and joined it to the Office of Custos Rotulorum and of the Pettibag which Office of Pettibag seems to be a lesser Bag or place of Records 5. So that he hath three Titles viz. Clericus Pettibagae or Clerk of the Pettibag he being the chief of three Clerks more of that Office Secondly Magister Rotulorum or Master of the Rolls or Clerk or Preserver of such Records as do at any time pass the Great Seal and are sent to his Custody either in the Office of the Rolls called the Rolls Office or to the Pettibag Office where his under Clerks do attend on purpose to produce them as occasions require Thirdly His third Title is Master of the Chancery which Title is given to twelve Persons of which twelve he is te chief 5. Formerly and even to this day the greatest part of these Twelve were Constituted of Doctors of the Civil Law however Eleven of those are so constantly dispos'd of as that some of them do Sit in the Lords House in time of Parliament and at other times with the Lord Chancellor in the Court of Chancery upon hearing of Cases others with the Master of the Rolls when he Sits in the Chancery or at the Rolls where he hath a Jurisdiction to hear or
gradum predict in forma predict Suscipiend'Ordinatis preparatis hoc sub paena mille Librarum nullatenus omittatis Teste c. Barker These Serjeants at Law are of two sorts viz. Serjeants at Law considered in their General Appellation and the Kings Serjeants at Law that is when the King selects some out of the rest and appropriates their Service to his occasions which he constantly doth at every Call thereupon they have two Writs one at the general Call of Serjeants which I have shewed the other as a particular Serjeant or Servant to the King the Form of which Writ also is as follows CArolus Secundus c. as in other Writs omnibus ad quos c. Sciatis quod nos de gratia nostra speciali ex certa scientia mero motu nostro constituimus dilectum fidelem nostrum J. M. servientem ad legem unum Servientem nostrorum ad legem nec non concessimus eidem J. M. Officium unius Servient ' nostror ad legem habendum occupandum exercend'dict ' officium nec non ad essendum unum ' Servient ' nostrorum ad legem quamdiu nobis placuerit capiendum percipiend anuatim in pro officio illo exercend'eidem J. M. vad'fead'vestur ' regard'dict ' officio debito sive pertinend'pro ut aliquis Servient ' nostrorum ad legem pro hujus modi officio exercend'percepit sive habere precipere debeat eo quod express a mentio non fit c. In cujus rei testimonium c. Teste c. Per ipsum Regem Barker And being thus made the Kings Serjeants by a distinct Writ they are capacitated to have a Writ of Summons to sit in the Lords House in Parliament and though none sit this Parliament yet Writs were provided for two of them in this Form following viz. Carolus c. dilecto fideli suo Johanni Glin Militi Servienti domino Regi ad legem Quia c. and so verbatim according to the Exemplar before recited to the Lord Chief Justice The other was Johanni Maynard militi who had the like Writ prepared for him Observations 1. THESE Professors of Law are call'd Servientes ad Legem in all Writs which are generally Writ in Latin but in English as I said they are called Serjeants or Servants at Law also Serjeant of the Coif from the white Coif which they wear uppermost at the Solemnization of their Order but at other times under a black Cap like the Twelve Judges because having past this Order they are then capable of being made one of the Twelve Judges and to exercise the imployment of a Judge upon emergent occasions 2. None of all the three Orbs of Professors have a Writ for their Office and Imployment but the Lord Chief Justice of the Kings Bench as I have shewn and these Serjeants at Law The difference in the Writs are that in the Writ to the Lord Chief Justice of the Kings Bench as to his Office and so in the Patents to the other Justices as to their Offices there is nothing but a Constituimus without any adjunct of Compliment but in this Writ to the Serjeants at Law it is Fideli nostro yet in both of their Writs of Summons to a Parliament they have equal words viz. Dilecto Fideli 3. In the Writ of the Lord Chief Justice of the Kings Bench there is no Advice of Council mention'd but in the Writ to every Serjeant at Law the words are as in Parliament Writs Quia de advisamento concilij nostri and so in the Mandatory part of it Vobis Mandamus firmiter injungend ' and then under the penalty of a 1000 l. to take upon them that Degree and in their second Writ to be the Kings Serjeant at Law they have Vadage Feodage Vesturage Regardage of which I shall speak in my Annotations yet I shall give this hint here That the word Investitura is us'd only in the Patents of Creation of the Lords Temporal and Vestura only us'd in the Patents to the Serjeants at Law and to no other Degree that sit in the Lords House as Peers or Assistants 4. That which makes this Degree more eminent is that by virtue of the first Writ to be a Serjeant at Law in general they continue their Title of Serjeant at Law Durante vita though not exprest in the Writ the other to be the Kings Serjeant at Law is equal with that Writ to the Lord Chief Justice of the Kings Bench and to the other Eleven Justices viz. Durante beneplacito the 3d. Writ gives him an interest in Parliament 5. It is to be noted That all the twelve Judges before they can take upon them those Offices of Judges are made Serjeants at Law so that though they quit those Offices of Judges and thereby loose the dignity of their Office yet the dignity of their Serjeantship still remains during life 6. It may be here pertinently observed That though Writs were prepar'd and inroll'd in the Pettibag for these two Serjeants yet whether the Writs were delivered to them I cannot inform my self or whether the delivery was declined in respect both of them were chosen Burgesses of the House of Commons where Sir John Glyn did sit during his lise and Sir John Maynard during the continuance of this Parliament or whether they were conniv'd at as being more ueful in the House of Commons or to themselves for being once admitted to sit in the Lords House they might not Plead in other inferior Courts which had been much to their prejudice 7. The Kings Attorney is placed in this Pawn before the two Serjeants which was some mistake in the Clerks and so I find the like misplacings of others in many other Pawns and therefore in this my method I pursue the order of all such other Solemnities as they usually attend and of their precedent sitting in the House of Lords as will be shewn and so place them here as they are placed there 8. As to the Antiquity and number of Serjeants which were formerly Summoned to Parliaments it is manifest that more or less of them were Summond in most Parliaments of former Kings viz. in the Reign of Edw. 3d. Rich. 2d Hen. 5th and Hen. 6th as appears in the Clause Rolls of those Parliaments and more easily seen in Mr. Prinns Breviary or in the Rolls Chappel for it were too great a diversion to recite them here but those of latter days do appear thus in the Pettibag viz. in the 21. Hen. 8th there were three Summon'd but in the 30th none in the 36th of Hen. 8th four in the first of Edw. the 6th three in the 6. of Edw. 6th four in the 7th of Edw. 6th four in the first of Mary two and also in the first of Mary two and in the first and second of Phil. and Mary one in the second and third of Philip and Mary one and in the 4th and 5th of Philip and
quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris ordinavimus fecimus constituimus dilectum fidelem nostrum H. F. Mil. Solicitatorem nostrum Generalem ac ipsum H. F. Solicitatorem Generalem nostrum per presentes ordinavimus fecimus constituimus Habendum gaudend occupand exercend officium illud quamdiu nobis placuerit Percipiend annuatim eidem H. F. pro occupatione exercic ' officij predicti tal' tant ' Vad. Feod Profic ' commoditat ' qual' quanta dicto officio debito sive pertinend prout aliquis alius sive aliqui alij officium predict ' proantea habens sive occupans habuit vel percepit habuerunt sive preceperunt in pro exercitio ejusdem officij eo quod expressa mentio c. In Cujus rei c. Teste c. Observations THough this Imployment was granted by Patent in Edward the Fourths time yet for want of time I shall also begin his Writ of Summons the 21. of Henry the Eight and then Edward Griffin being Attorney General Gosnold was Solicitor and the Writ was Hen. Rex c. Dilecto fideli suo Johanni Gosnold Solicitatori suo Salutem Quia and so verbatim according to the Exemplar in the 36 Hen. 8. William Whorwood was Attorney General and Henry Bradshaw Solicitor and had his Writ the first of Edw. the Sixth Bradshaw was made Attorney General and Edward Griffin Solicitor and had his Writ and the 6. of Edw. 6. Griffith was made Attorney and Jo. Gosnold Solicitor and had his Writ and both continued so till the first of Mary and then William Cordel in the room of Gosnold was made Solicitor and had his Writ also in another Parliament of that year both had their Writs in the 1. and 2 3 and 4. of Phil. and Mary and in the 4. and 5. Phil. and Mary Griffith being Attorney General Rich. Weston afterwards Lord Treasurer was made Solicitor Dominorum Regis Reginae and had his Writ in the 38. of Eliz. Jo. Popham afterwards Lord Chief Justice was Attorney and Thomas Egerton afterwards Lord Chancellor was Solicitor and had his Writ and so they continued to the 39. Eliz. and then Edw. Coke after one of the Justices of the Common-Pleas was made Attorney and Tho. Flemins Solicitor and had his Writ and in the 43. Sir Edw. Coke was put back to be Solicitor and had his Writ and Thomas Egerton was Attorney and in the first of James Edw. Coke then Knighted was again made Attorney General and Tho. Flemins then Knighted also again made Solicitor and had his Writ and in the 21 Jacobi Thomas Coventry Miles after Lord Keeper was made Attorney and Robert Heath Knt. Solicitor after Chief Justice and had his Writ and both had Writs again the first Car. primi and the 15th Jo. Banks Knt. was made Attorney and Edward Harbert Solicitor and had his Writ But at the Summoning of this Parliament no Writ was sent to Sir Heneage Finch then the Kings Solicitor being chosen for the House of Commons and being after made Attorney General still he continued in the House of Commons till he was made Lord Keeper and then he was remov'd to the Lords House by Writ as Lord Keeper and so Sir Francis North being the Kings Solicitor did sit in the House of Commons this Parliament and was not removed thence till he was made Chief Justice of the Common-Pleas so that during this Parliament none whilst actually the Kings Solicitors were Summon'd or did sit in the Lords House yet I thought fit to insert this Degree here though he be not mention'd in this Pawn because there are so many Precedents of his Summons as are before recited in former Kings Reigns Of the Consimilar Writ to the Kings Principal Secretaries THis Officer of State and Assistant is plac't the last in most of the Pawns SECT 19 and brings up the Rear of all the forementioned Assistants which posture is a place of great Honour both in Civil Solemnities and Martial Imployments and that it may so appear in the aforesaid Act of the 31. of Hen. the Eighth none of the other Assistants before recited except the Lord Chancellor are so much as mention'd therein their precedencies being known in their own Courts from a greater antiquity but the Secretaries Place is fix't by that Act viz. if he be under the Degree of a Noble Baron yet it is above all the Assistants and next the Lord Chancellor if he be of the Degree of a Baron then above all Barons or if an Earl as in the case of the Lord Arlington then above all of that Degree unless any of the Superior Officers of State be of that Degree and then next to him and above the rest He hath his Office as Secretary not by Patent but by delivery of the Privy Signet to him and so if there be more than one as now there are two each considered as Principal hath also a Privy Signet delivered to him His Parliament Writ in this Pawn was thus Carolus c. Dilecto fideli Edwardo Nicolas Militi uno primariorum Secretariorum suorum salutem Quia c. and so verbatim according to the last mention'd Exemplar as an Assistant and the Title in the Label is like the Title of his Writ Observations 1. THis Writ agrees with all the former except in the word Vni and so if there be more as I have shewn in the Writ to the Judges yet commonly in Superscriptions he that is made Chief is Stiled Principal without the word one and the other One of the Principal Secretaries of State 2. The word Capitalis is us'd in the Writs to the two Chief Justices and Chief Baron but to the chief Secretary the word Principali is us'd not only signifying the Capital First or Chief but intimating his more immediate Imployment on his Prince for Principali is properly from Principe 3. If there be more Secretaries than one as there are seldom less than two they divide their negotiations into the Title of Provinces both in relation to this Kingdom or Foreign Kingdoms or States and so each of them give an account to the King accordingly and they have an Office appertaining to them call'd the Signet Office Signet where they have four Clerks as their Substitutes to perform their Directions for all Dispatches both Foreign and Domestick and generally they are of his Majesties Privy-Council 4. Their Imployments in Parliament are either in the House of Lords or House of Commons according as they are Summon'd to one or Elected to the other and as the King thinks them in either place most useful for his occasions 5. I need not go back to find the Antiquity of their Summons for it may be presum'd to be ancient from the Eminency and nature of their Imployments so it may suffice only to instance here that in the 36 Hen. 8. William Packet Mil. had his