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
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
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