Henry continued in England from Anno 1100 with some interpositions till Edward the 6th Anno 1546. Stephanus or Stephen the 1st that made his Name famous was Stephen a Martyr for Christianity Stepten but it was not annext to any Regal Title till Anno 997 in Hungary and thence in Anno 1135 it came into England yet never fixt there but on one King And in Anno 1576 it went into Poland Guilielmus or William began first as a Regal Title in Sicily and Naples William Anno 1023 and thence and in Anno 1066 it came into England where it never fixt but on two Kings Johannes or John John the first who made this Name famous was John the Baptist and John the Evangelist but it was not a Regal Title till Anno 1118 and then the Emperour of the East assum'd it And in Anno 1199 it came into England determining in one King from thence in Anno 1222 it went to the Emperour at Adrianople And thence in Anno 1303 into Scotland In Anno 1310 into Bohemia In Auno 1350 into France In Anno 1379 Into Leon and Castile In Anno 1383 into Arragon In Anno 1387 into Portugal In Anno 1405 into Flanders In Anno 1418 to Navarr In Anno 1478 to Denmark and way In Anno 1492 to Poland And in Anno 1597 to Hungary Note that there were 23 Popes of this Name John and 10 Stephens but I here speak only of the Regal Names of Secular not Ecclesiastick Princes and it may be observed that none of the Popes have taken on them any of our 10 Regal Names Except John and Stephen Richardus or Richard Richard was not a Regal Title till Anno 1189 and then it came first into England and continued with some interpositions till Anno 1485 when Hen. the 7th came to the Crown nor was the Name of Richard either before or after those years fixt to any Regal Title in Europe unless Ricarodos in Spanish do signifie Richard in English Jacobus or James James not medling with Jacob the father of the Twelve Patriarchs or James the Apostle but upon a Regal account it was not fixt to any King till Anno 1213 then it began with the King of Arragon Thence in Anno 1286 into Sicily and Naples In Anno 1423 to Scotland In Anno 1603 to England given a Title to that happy Union of England and Scotland by King James Maria or Mary Mary had the suprem Honour to be Mother of our Saviour but it was not annext to any other Regal Title till Anno 1310 in Hungary and from thence Anno 1476 to Flanders Then in Anno 1542 to Scotland And in Anno 1553 to England Elizabetha or Elizabeth Elizabeth had the Honour to be Mother to John the Baptist but was not annext to any Regall Title till Anno 1438 in Hungary and from thence Anno 1538 it came into England Thus having trac'd the Perambulation of their Ten Names through most parts of Europe I shall pass to the next Epithet in the Kings Title viz. Secundus or Second Second and see when a Numeral Appellation was first made Titular to our Kings and here it may be observed that our Kings had Anciently Adjuncts to their Christian Names to distinguish them from others of the same Name as Edward the Elder Edward the Confessor in the Saxons time and in the Normans William the Conquerour and William Rufus and after him other Titles signifying their tempers but not Numeral till Henry who was the 8th of that Regal Name in England and he in the 10th year of his Reign did first begin to write himself Numerally Henricus Octavus And after him Edward his Son did write himself Edwardus Sextus and ever since in our Histories and Records where there hath been since William the first two or more Kings of the same Christian Names the Numeral Appellation is added and there upon our present King Stiles himself in all Writs and Warrants as well Parliamentary as otherwise Carolus Secundus or Charles the Second Gratia Dei by the Grace of God Grace of God Neither the Letters D. G. denoting Dei Gratia nor the words Dei Gratia or the Grace of God were used as Adjuncts to our Kings Titles till William Rufus his time and after that there were some intermixtures as Sr. Edward Coke saith but according to Mr. Speeds Medals and some others the Letters D. G. and the words Dei Gratia were first us'd by Edward the Confessor King and constantly after William Rufus by every succeeding King without omission King or Cuning according to the British or Saxon Dialect signifying the same with Rex and is not us'd in any Parliamentary Writs nor in any Circumscription of our Coins but Rex being a word as Ancient as the Latine Tongue is us'd in all our Writs as well Parliamentary as Judicial and may be traced in our Coines from the begining of our Saxon Kings to the Danes with addition only of the Christian Name and then also Canutus the first of the Danes here Stil'd himself only Canutus Rex and others who succeeded him and Edward the Confessor the fourth Danish King and 37 Monarchs of England sometimes wrot Edwardus Rex sometimes Edwardus Anglorum Rex and sometimes Edwardus Anglorum Basilicus according to the Greek word for King so as the word Rex did goe along from the Britains to the Romans Saxons and Danes Herald the last of that Race and those before him writing only Rex with their Names and so when the Normans Entred William the first Stiled himself only Willielmus Rex and so did the succeeding Kings seldom using the word Basilicus till King James time As to the Etymologies and Originalls of these and other words in this Title I shall leave them to my Annotations England but sometime our Kings wrote Rex Angliae and some times Rex Anglorum ever from Edw. the Confessors time Now what Anglia or England contains every Geographer tels us that it is surrounded by the sea Except towards Scotland and as to the diversity of Names several Chronologers tell us that it was Anciently call'd Albion by the Greeks Iniswen by the Welch Poets Insula Caeruly Insula Florum by other Poets and Britannia by the Greeks and Romans Romania Valentia only by the Romans Angleand England and Britain by the Saxons but when the Saxon Heptarchy was United under King Egbert he by his Edict Anno 819 ordain'd it more solemnly to be call'd Britain containing England Scotland and Wales yet notwithstanding this Edict it was sometimes call'd Albion sometimes Britain and sometimes England and these various Appellations were us'd as appears by History under Ten successive Kings after that Edict and then King Canutus the 10th King from Egbert and the first of the Danish Race fixt the Name of England that Name hath continued ever since according to the English dialect and Anglia according to the Latine considered
and die in that Persuasion But he did not think himself safe in carrying on so great an opposition as was like to be well knowing how the Papal Interest was dispers'd in all Kingdoms and States of Europe till he had incouraged the off-spring of the Waldenses and other opposers of Rome in France Germany and in other Kingdoms and States to revive their Doctrines as also to imbrace the Lutherans Centum Gravamina and the Calvinian Institutions and others less remarkable yet all serving to his purpose whereby in a few years after almost all Christendom was brought into a Papal and Antipapal Ballance or rather consisted of Professors of the Roman Religion and Protestors against both the Court and Church of Rome as Usurping and Antichristian 10. But on the other side the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him he made his Applications to several Kings and Princes for his assistance And at last by a more plausible way he did obtain a Council of Trent wherein it is observable That he did not think fit to move in his Point of Supremacy till after eighteen years that That Council had been sitting by Adjournments and Prorogations and then the Question was That Episcopus Locum principalem teneret à Pontifice Romano dependentem to which the opposers did so far comply that they allowed principalem Locum sub Romano Pontisice but not dependentem so after that Council had sate nineteen years in the sixth of Queen Elizabeth it was dissolved by 4 Legats 20 Cardinals 3 Patriarchs 25 Archbishops 168 Bishops 7 Abbots 39 Proctors and 7 Regulars of General Orders without Determining that Point to the satisfaction either of England or other Kingdoms and States the Dispute of which begot 7 Civil Wars in France which lasted near 40 years till within 3 years of Queen Elizabeths Death also Inquisitions in Spain and Flanders Tumults and Wars in Germany and near 40 years Wars in the Netherlands between them and Spain and for some few years Fire Fagots and Insurrections in England 11. In this Hurly Burly about Supremacy H. 8. left his Crown to an Infant Edward the 6th Ed. 6. who had the Laws against Rome corroborated and his Revenues augmented by Chappels Chantries c. enjoying them but few years and then the Pope revived fresh experiments by Queen Mary Mary to reverse all especially after she was Married to King Phillip compelling a submission to the Popes Supremacy by Fire and Fagots so as in H. 8. time and even till now upon the suddain Changes of Religion it might be said by the Historian Deus bone hic suspenduntur Papistae illic comburuntur Antipapistae but her time being short the Supremacy was once more reverst and taken up by Queen Elizabeth Eliz. who managed it with such dexterity considering the conjuncture of Affairs in this and other Kingdoms and States that it was needless for the Pope to make any open Attempts but by Mariages Foreign Negotiations and the assurances given by some of the chiefest Nobility and Gentry of the Roman persuasion in this Kingdom who were as they pretended for the Church and not for the Court of Romes Supremacy of their peaceable resolutions the Billows of penal Laws seem'd to be calmed and this Kingdom thought it self as secure as the pretty Halcion in her Nest But those who kept to Calvins Institutions in England and Scotland were finely yoak't together to a disturbance for it being insinuated to them That the Title of Supream Head of the Church given by Act of Parliament was declined and dwindled into an c. and that the Title of Defender of the Faith given by the Pope did only remain with an c. made them call to mind what was alledged in the Council of Trent That the original of Church-Government was Aristocratical and Governed by a certain number of the Presbytery and afterwards it was thought fit to put it into a Monarchical way viz. by a Bishop as Superintendent and finding that the Popes and Kings of England and other Princes had long disputed about this Ecclesiastical Monarchy without determination only in a connivance they thought it convenient to return to the Primitive way of Aristocracy and set up Presbytery that original Government as was pretended and thereupon one all cried against Bishops which bravely workt for the Papal interest the clamour proved so geat that the Learned King James did what he could by Writing to quiet them his unfortunate thought Blessed Son King Charles the First tried it by Action but without Success For the Independent Anabaptist Fifth Monarchy-Men and others coming into the Presbyters assistance he was necessitated after the Wars with Scotland upon the same grounds amongst other condescentions to yield with the Consent of the Lords Temporal 17. Car. 1. and Commons and pass an Act for Abolishing the Bishops temporal Jurisdiction in this Kingdom Now see what followed instead of making of Earls Knights and Squires and maintaining of Hospitals as was proposed to Richard the 2d as I said the Bishops were not only put out of the House of Lords but the Temporal Lords soon after and the Knights and Squires secluded from the House of Commons and the Hospitals and all ruined by an intestine Bloody War the King Sacrificed and every one of the Machineers disappointed of their original plausible intentions and in conclusion by most miraculous Turns in Assairs there was a total submission to a Reestablishment of that Form of Church and State which they had before so zealously overthrown and the Bishops again brought into the Lords House 12. I should now proceed to the Writs which impowred the Bishops to sit in the Lords House but first I think it pertinent to shew how these two Titles of Fidei Defensor Caput Ecclesiae Anglicanae were used disused and altered in theirs and other Writs Though all the Kings of England at their Coronation are Sworn to defend the Christian Faith and the words defensionem Ecclesiae Anglicanae having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope as I said for the good Service which Henry the 8. had done in Writing against Luther sent him a Bull and therein intituled him Defensor Fidei with this Caution that it should be placed next his Title to France and before his Title to Ireland and it may be observed That in the same year he sent the like Bull to the Emperor Charles the 5th intituling him also Defensor Fidei upon which the Emperor took an Oath not only to be Defensor Fidei but Defensor Pontificiae dignitatis Romanae Ecclesiae i. e. Defender of the Court and Church of Rome But Henry the 8th though he accepted the Title did not think fit to be bound by an Oath nor do I find that he stiled himself in any publick Acts Defensor Fidei till the 2.1 of his Reign and then in a
Decree made in the Star-Chamber which is Printed in Poltons Abridgment he is Stiled Defensor Fidei in terra Ecclesiae Anglicanae Hiberniae Supremum Caput which was 5 years before the Supremum Caput was settled by Act of Parliament but as a preparative to it in the 22 of his Reign he is stiled Praepotentissimus Metuendissimus Angliae Franciae Rex and only Fidei Defensor is added and no mention of Supremum Caput Then in the 30 year of his Reign he is Stiled Defender of the Faith and Lord of Ireland and on Earth Supream Head immediately under Christ of the Church of England In the 32. year he left out the word immediately and the next year the words under Christ So that in the 33 of his Reign the Title was Hen. by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland on Earth Supream Head And thus by making himself King of Ireland he disobeyed the Pope in placing Defender after Ireland and this Title continued thus all his Life and the Circumscription on his Great Seal wrot accordingly and so did his Son Edward the sixth on His Great Seal and in Publick Acts. And the like did Queen Mary in the first year of her Reign but upon her Marriage with King Philip in the second year of her Reign and first of both their Title was King and Queen of England and France Naples Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicily Arch-Dukes of Austria Duke of Milan Burgundy and Brabant Countess of Hasburgh Flanders and Tyroll quite jostling out Supream Head during their Reigns When Queen Elizabeth came to the Crown the Circumscription of her Great Seal was Elizabetha Dei gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor yet she maintained both Titles of Defensor and Supream during her Reign When King James came to the Crown the Circumscription of his Broad Seal was also Jacobus Dei gratiâ Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor and no more yet he maintained the other Point both in his Government and Writings as may be read in his Praemonition to all Christian Monarchs and his Declaration against Vorstius and his Defence of the Right of Kings against Cardinal Perrone and in several of his Speeches in Parliament leaving men at liberty as Queen Elizabeth did to use the Title of Supream Head in their Pulpits and Evidences as they thought fit so as the learned Cambden in his Dedication of his Britannia to King James instead of Defensor writes him Propugnator Fidei When King Charles the First came to his Crown the Circumscription of his Great Seal was Carolus Dei gratiâ Rex Angliae Scotiae Franciae Hiberniae Fidei Defensor and no more yet to justifie both Titles in the seventeenth year of his Reign he caused the 39 Articles which were agreed on in the fourth of Queen Elizabeth to be reprinted and in the Front did publish his own Declaration in these words Being by God's Ordinance according to our just Titles Defender of the Faith and Supream Governour of the Church within these Our Dominions He therein declares That the Articles of the Church of England allowed and authorized heretofore do contain the Doctrine of the Church of England and requires his Subjects to continue in the uniform profession thereof And then as to the Discipline he further declares himself Supream Governor of the Church of England and that if any difference arise about the external Policy concerning Injunctions Cannons or other Constitutions whatsoever thereunto belonging the Clergy in their Convocations is to order and settle them having first obtained leave under his Majesties Broad Seal so to do and he approving their said Ordinances and Constitutions So here the word Supream Head is changed into Supream Governour When King Charles the Second came to the Crown the Circumscription of his Broad Seal was Carolus Secundus Dei gratiâ Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor and no more yet to justifie both Titles the very same year of his Return Anno 1660. he publish'd a Declaration to all his loving Subjects well worth the reading concerning Ecclesiastical Affairs which shews both his Christian condescention to his Subjects and Justifications to those two Titles for which he is styl'd by Writers Supream Moderator Now though in all Parliament-Writs which have come to my view and in other publick Acts and Writings since the first of Queen Elizabeth to this time after the words Defender of the Faith except in their Broad Seals there is added only one c. which I conceive was done for brevity and must be understood in relation to the Act of 36 Hen. 8. never yet repealed and every man had then and hath still liberty in their Deeds or Pulpits to mention the full Titles but by degrees about the year 1640. it began to cease in Pulpits and soon after in Pens contenting themselves with the c. These and other matters seeming trivial though proving dangerous in the consequences were yielded to as condescentions to gratifie a dissenting party in England who very probably were incited thereunto by underworking Papal Contrivers being excellent Artists in spurring on the least humour of Schism in this Church and so dealing in little things till greater were ripen'd in which latter they often made Attempts as may be read in Queen Elizabeth King James King Charles the First and this present King's time yet without success except in the Assassination of King Charles the first which was manag'd with such dexterity that it was made difficult to judge whether some of the English Dissenters in those times or the Romish Incensors were the chief Actors And after that it was carried on by a subtil way of redeeming their credits in this King's Preservation at Worcester yet still underhand endeavouring to subvert the whole Fabrick of this Kingdom as was discovered about the end of this Parliament 1678. which determin'd my publick Employments and therefore shall leave that Subject to other Pens Thus the new Empire of Rome and the old Empire of England have strugled through many Ages for Supremacy It is the Interest of England to be quiet within its own liquid Arms and so increase it self with other Kingdoms and States by a real mutual Traffick and Commerce But it is the Interest of Rome to be troublesome and increase it self in all Kingdoms and States without any real commutation or advantage to any but it self Yet it is difficult to make the Dissenters to the Church of England believe that the way which they take in opposing Rome will in time be destructive to their own Designs and Opinions Some of the Dissenters to the Church of England see and know this yet are so inveigled by such Dissenters to the Court of Rome who pretend to be for that Church but not for
is remarkable that this William Lord Pawlet Marquess of Winchester was Exemplar in all the Parliament Pawns which are extant in the Pettibag from the first of Edw. the Sixth to the first of King James inclusive which is 55. years and was in that time Lord Treasurer 22. years which was longer than any of his Predecessors continued in that Office except Cicil who continued 27. years 1 Car. 1. Georgio Duci Buckingham for one Parliament Sir Thomas Coventry being then Lord Keeper and had a distinct Writ and Sir Richard Weston Treasurer who was then in Scotland 15 Car. 1. Johanni Marchioni Winchester for one Parliament Sir John Finch being then Lord Keeper of the Great Seal and had a distinct Writ also Will. Bishop of London was Lord Treasurer and had his Writ 13 Car. 2. Thomae Comiti Southampton for this Parliament Sir Edward Hyde being then Lord Chancellor and had his distinct Writ this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166 So from the 36. of H. 8. to this Parliament of the 13. of Car. 2. there were three Exemplars to Three Barons Two of them being Chancellors and one Lord Keeper and to Two Marquesses to one Duke and to one Earl and all these not of the Blood Now as to the three Barons having Exemplars which Degree had not any before the 36. H. 8. it may be presumed that the Exemplars were given them in relation to their Offices as Lord Chancellor or Lord Keeper or President of the Kings Council And as to the two Marquesses having Exemplars who had not any till the 6. of Edw. 6. one was as he was Treasurer and the other in the 15. of Car. 1. only as Marquess because there was no Duke Summon'd to that Parliament and Sir John Finch was then Lord Keeper and William Bishop of London Lord Treasurer and both had distinct Writs so there was none of the three great Officers of State remaining to be Exemplars except Henry Earl of Manchester then Lord Privy-Seal who according to the fore-mentioned Act of Precedency is placed in the Lords House before all Dukes Marquesses c. not of the Blood but I suppose because there was no President wherein the Lord Privy-Seal had been Exemplar since its first Institution in the 11. of Hen. 4. and being not called Lord Privy-Seal nor that place in the Lords House allotted to him till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal but to the Marquess singly or else it was an omission in not minding the Act of Precedency These latter Writs from the 36. of Hen. 8. did seem to break the method of the former for before that Pawn of that year no Dukes or Marquesses were made Consimilars where an Earl was made Exemplar but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar and the Duke of Norfolk then Lord Treasurer of England and Charles Duke of Suffolk the Great Master of the Kings Houshold and President of the Council were besides the Marquess of Dorchester and Thirteen Earls and Twenty eight Barons made his Consimilars so as the precedency of his Exemplarity must be ascribed to his Chancellorship which according to the Act of Precedency was to be before all Dukes c. not of the Blood and upon the same reason Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper had the Exemplar Writ and the Duke of Somerset though the Kings Uncle Governor of the Kings Person and Protector of England as also the Marquess of Dorchester and Marquess of Northampton and Thirteen Earls and Thirty Barons were his Consimilars which is the only President which I know of where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Bloud and upon the like reason as I conceive in the 6 of Ed. the 6. William Marquess of Winchester being Lord Treasurer the next in Precedency to the Lord Chancellor by the Act of 31. H. 8. had the Exemplar to two Dukes one Marquess Fourteen Earls One Viscount and Thirty one Barons all which were his Consimilars and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor was because Thomas Goodrick Bishop of Ely was then Lord Chancellor and so it was not proper for that Bishop to be Exemplar for the reasons before alledged Now in the first Car. primi Thomas Coventry being Lord Keeper and having a distinct Writ the Duke of Buckingham had the Exemplar who had one Marquess Thirty seven Earls Eleven Viscounts and Fourty seven Barons to his Consimilars Also in the 15. Car. 1. John Marquess of Winchester Son to the former Marquess of Winchester was made Exemplar Sir John Finch being Lord Keeper who had a distinct Writ and William Bishop of London being in Scotland but he had no Duke or other Marquess but Fifty eight Earls Five Viscounts and Forty four Barons his Consimilars and so reduced the proper Consimilars to its former method But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer Grandchild to the former Earl of Southampton altered it again there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor for this Earl had three Dukes one being General Four Marquesses Fifty five Earls Eight Viscounts and Sixty eight Barons his Consimilars I conceive as Lord Treasurer for according to ancient Practice as I have shewn an Earl had not any Dukes entred as his Consimilars The number of all the Exemplar Writs extant from the 15. of Edw. the 2d in An. 1322. to the 13. of Car. 2di An. 1661. are but Twenty and but Fourteen Kings from whom they were granted The number of the Parliaments in which the Nobles did Sit to whom such Exemplars were issued were 107. and these 107. Parliaments were in the space of 341. Years As concerning the years when these Exemplars were first issued to the respective degrees of Nobles before mentioned they are in this order of time 15 Edw. 2. This first Exemplar Writ as I have shewn was to an Earl and 〈◊〉 was of the Bloud viz. to Edward 〈◊〉 of Chester Eldest Son to Edw. 2. and â—â—â—ter King Edw. the 3d. for there was then no Duke in England 3 Edw. 3. The first Exemplar Writ to a Prince of the Bloud was to the same Earl being then made Prince of Wales 37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year though the first Duke in England distinct from that of Earl as Mr. Selden saith was the Eleventh of Edw. 3d. and then Edward the Kings Eldest Son was in Parliament created Duke of Cornwall yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when saith he he was created Prince of Wales Duke of Aquitain and Cornwall which agrees with the Records of the Tower and
as disjoynted from Scotland and Wales but upon reduction of Wales by Henry the 8th and by the happy Union with Scotland by King James the Kings Title hath been more general viz. Rex Magnae Britanniae comprehending England Scotland and Wales but not to be so understood in our Parliamentary Writs for they are applicable only to England and Wales and not to Scotland though Scotland be mentioned in the Writs and it may be observed that this distinction of England and Scotland were united under the Name of Britain by King Egbert Anno 819 but after that they were again disjoynted and though both did continue so disjoynted neere 800 years yet now the Ancient Name of Britain is restor'd being bound by one Ocean and Govern'd by one King as it was 800 years before and though it is now thus intire yet England hath a distinct Parliament for its Laws and Scotland a distinct Parliament for its Laws and both distinctly consisting of 3 Estates under one King so as in all Writs for Summoning an English Parliament though Scotland be mentioned yet the operation of the Writs can only be applyed to England The addition of Scotland in the Title of our Parliament Writs Scotland did begin with King James who happily united both Kingdoms as I said under one King and so wrot himself Rex Angliae Scotiae c. But they never send any Representative to our Parliaments nor we to theirs yet the King of Scots before the union had a Chair allotted for him in the House of Lords but never sat there yet he was sometimes Summon'd as Earl of Huntington and so by vertue of that English Title might have sat there but not by his Regal Title untill the said union Although we had several inlets to France by Normandy France Anjoy Poictors Tourny Mayne c. yet the addition of King of France to the Title of English Kings was not till Edward the 3ds time who had a Just Title to it and there upon did Quarter the Armies of France But Hen. the 6th was actually Crown'd King of France in Paris and from these two the Title and right hath continued ever since though dispossest and as I shall shew in the second Part of this Treatise that Callis did send Burgesses to our English Parliaments for many years till it was Lost by Qu. Mary Ireland The Title of Rex Hiberniae was as Ancient as our King Hen. the 2d who created his Son John the King thereof yet for what reason of State otherwise then what I shall mention in the 7th Chapter that Title of the King of Ireland was never annext to the regal Title of the Kings of England till the 33d of Hen. the 8th and then to his other Titles he added Rex Hiberniae before it was only Dominus and their Parliaments are fram'd like our English Parliaments yet Subject to the Kings pleasure in confirming of their Laws here in England See more of this in Chap. 7th As to this part of the Kings Title viz. Defender Defender of the Faith I shall speak more fully of it in the 7th Chapter Or c. id est other Titles which were formerly and may still be added as you may Read also in the 7th Chapter c. Section the 11 and 12. Thus having past through the General words of the Kings Titles in his Warrants and Writs now in observance to Sr. Edward Coke I shall make a Summary of the particular Titles of our several Kings from William the first Inclusive to this time shewing what words were added or withdrawn When the Normans entred William the first stil'd himself sometimes Willielmus Rex and sometimes Rex Angliae Anglorum as other former Kings Omitting Dei Gratia as the Institutor saith though I am not satisfied therein and not adding Primus William surnamed Rufus had the same Title yet sometimes adding Dei Gratia not adding Secundus Henry stil'd himself Rex Anglorum and sometimes Dei Gratia Rex not adding Primus Stephen did the like Henry did the like but Omitted Dei Gratia as Sr. Edward Coke saith but in the Coins which Mr. Speed Exhibits to us his stile was Dei Gratia Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae not adding Secundus Richard not adding primus us'd the same sometimes Changing the Declension and the singular Number into the plural viz. Dei Gratia Rex Anglorum Dux Normanorum Aquitaniarum Comes Andegaviarum John us'd the same with Addition of Dominus Hiberniae John Henry stil'd himself like his Father King John till the 44 of his Reign and then he left out Normaniae Andegaviae and writ only Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae not adding tertius Edward the 1st and Edward the 2d stil'd themselves like Henry the 3d. Edward us'd also the same stile till the 13 of his Reign Edward and then having and Challenging a Just Title to all France he left out the parts of it before mention'd and stil'd himself Dei Gratia Rex Angliae Franciae Dominus Hiberniae not adding Tertius Richard and Henry not adding Secundus or Quartus stil'd themselves like Edward the 3d. from the 13 of his Reign Henry not adding Quintus us'd the same stile till the 8th of his Reign and then writ himself Dei Gratia Haeres regens Franciae Dominus Hiberniae Henry not adding Sextus being Crown'd King of France in Paris wrote Dei Gratia Rex Angliae Franciae Dominus Hiberniae Edward Richard and Henry not adding Quartus Tertius vel Septimus stile themselves Dei Gratia Rex Angliae Franciae Dominus Hiberniae Henry writ also the same till the 10th of his Reign as I said and then and not before he added a Numeral word to his Title and so made it Henricus Octavus Dei Gratia Rex Angliae Franciae Dominus Hiberniae Now as to the Additional Titles to Henry the 8th after his 10 years they Consisted of so many varieties that I shall refer them to the 7th Chapter of this Treatise Section the 11 As also the Titles of Ed. the 6th Q. Mary Q. Elizabeth K. James and K. Charles the first In which Chapter and Section I conclude with the Title of our present King Charles the 2d viz. Carolus Secundus Dei Gratia Rex Angliae Scotiae Franciae Hiberniae Fidei Defensor viz. as in the Warrant And so having shown how the ten Names of our Kings from the Normans have been dignified by Kings Emperours c. Especially the Name of Charles by its Priority which is the more remarkable because that by Transposition only of its Letters it doth Anagrammatise and render it O CLARUS Anagram CAROLUS Anagram This Anagram may be applyd generally to all of that Royal Name and it may be one reason why so many Kings in Europe do at this day own that Name and possibly another reason of assuming it may be
esteem'd Nobles though they do not Sit in respect of the power given them by Patent to Sit without restrictions or ceremonial qualifications and therefore Sir Edward Coke saith that though the Creation by Writ be ancienter than by Patent yet the Creation by Patent is the surer way for that one may be sufficiently Created by Patent and made Noble though he never sit in Parliament and he gives this reason That if issue be joyn'd whether one be a Baron or not that point shall not be tried by a Jury of 12 men but by the Records of the Parliament and if he did not sit there there can be no Record but a Patent is a Record 8. So there were 62 Barons Summon'd by Writs of the 18. of Feb. 1661. and 6 more by Writs of the 29. of Ap. 1661. whereby the number of Temporal Lords Summon'd to this Parliament began the 8th of May 1661. were 140. viz. 1. Two Dukes of the Bloud 2. Three Dukes not of the Bloud 3. Four Marquesses 4. Fifty five Earls 5. Eight Viscounts 6. Sixty eight Barons In all of the 6 Degrees 140. as in the Pawn Cap. 2. which we may compare with former times viz. Regno  Anno. The highest Number Summon'd in these Years Num. Maj. The lowest Number Summon'd in these Years Anno. Num. Mi. Edwar. 3. 25º 62 4º 18 Richar. 2. 8º 63 18º 36 Henry 4. 1º 50 11º 39 Henry 5. 2º 44 3º 29 Henry 6. 38º 55 1º 23 Edwar. 4. 7º 47 12º 37 Henry 8. 37º 45 28º 44 Edwar. 6. 6º 59 1º 47 Mariae  2º 56 1º 42 Elizabeth  30º 60 43º 52 Jacobi  21º 98 1º 84 Caroli 1. 15º 109 1º 97 Caroli 2. 13º 140   I do insert this observation That the Ingenious Historian may see whether the greater or lesser number of the Nobility in Parliament hath been most advantageous to its Constitution and the like may be observed concerning the number of the House of Commons of which I shall speak in the next part By which we may see that the highest Number was in 12. and 13. of Car. 2d and the Lowest in the 4th of Edw. the 3d. not troubling the Reader with the Numbers Summon'd to Intervening Parliaments Thus having given some short Illustrations of those Titles of Honour which are mentioned in the Parliamentary Writs and the Act of Precedency for the clearer satisfaction of such as are not verst in matters of that nature I may now with the more content to them and my self proceed to the particular Writs of Summons to those noble Degrees which I have regularly mention'd according to their prescrib'd Order both from the method of the Writs in the Pawns and Act and these Writs of which I am particularly to speak others falling in collaterally are Sect. 1. The form of the Writs to any of the Bloud Royal. 2. The form of the Writs to Archbishops and Bishops 3. The form of Writs to the Lord Chancellor or Lord Keeper 4. The form of Writs to Dukes not of the Bloud Marquesses Earls Viscounts and Barons wherein the Grand Official Titles beforementioned are inserted CHAP. VI. Of Writs of Summons and first of the Exemplar Writs for Summoning Princes Dukes and Earls of the Bloud-Royal to the Parliament SECT I. I Have shewn in Chap. 2. how Parliament Writs are sorted into Close Writs and Open Writs or Patents and those into Exemplars and Consimilars I need not inlarge more therein but proceed to the first Exemplar Writ of Summons and so to other such Writs of Summons to other Degrees as concern the Lords House for I shall speak of other Parliament-Writs of another nature when I have dispatcht the Summoning Writs and Patents of Creation according to the method of Pawns and Clause-Rolls made before the Act of Precedency as also in all Pawns since that Act. Those of the Bloud-Royal are placed in the first Rank of those Records and were still Exemplar to the rest and therefore the Writ which I am now to speak of viz. To the Duke of York Brother to King Charles the 2d is the Exemplar of the Consimilar Writ to Prince Rupert Duke of Cumberland being Son to the Sister of King Charles the First and so persuant not only to the said Act but to the most ancient methods of Writs of Summons as will be more fully shewn in the following Chapters But before I recite this Writ methinks I hear some say Nolumus consuetudines Angliae mutare therefore let us know what Writs of this nature were issued in former Ages by former Kings which is a Question so pertinent to my own scruples that I hope the same ease I gave to my self after my inquiry will serve to satisfie others for having gone backward with as much safety to the avouching of Records as I could and being not satisfied with what was delivered to us concerning the Parliament Writs in the Brittish Romans Danes Saxons or Norman times or by some of the Plantagenets or those of Hen. 3ds time from whence most Writers of our English Parliaments take their Original I fixt upon and took my Rise from the Writs in the 15th of Edw. 2d which are clear and still extant in the Records of the Tower which the other are not By these Records it is evident that in 97. Parliaments as I account them which were Summon'd from that 15th year to this Parliament there is no material difference in this Exemplar Writ from those Antecedent and therefore that this Writ to the Duke of York may be compar'd with that of Edw. 2d I have here set them both down verbatim so that upon 339. years experience viz. from the year 1322. to the year 1661. Inclusive we may acquiesce that we in this Age have not much trespass't or varied from the ancient and wise Form prescribed to us by so many former Kings and continued to this time The Form of the Exemplar Writ to the Princes of the Bloud Tempore Edw. 2.15 EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Edwardo Comiti Cestriae filio suo Charissimo Salutem Super diversis arduis negotiis nos statum Regni nostri specialiter tangentibus Parliamentum nostrum apud Eboracum a die Paschae prox ' futuro in tres septi'anas teneri vobiscum cum ceteris Prelatis Magnatibus Proceribus dicti Regni habere proponimus colloquium tractatum Vobis Mandamus in fide diléctione quibus nobis tenemini firmiter injungentes Dictis die loco omnibus aliis pretermissis personaliter intersitis ibidem nobiscum cum ceteris prelatis magnatibus proceribus supradictis negotiis tractatur ' vestrumque Consilium impensur ' Et hoc Nullatenus omittat ' Teste me ipso apud Westm ' decimo quarto die Martii Anno Regni nostri decimo quinto Caroli 2.13 CArolus Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Praecharissimo
dilecto fratri Jacobo Duci Eborum Albaniae magno Admirallo suo Angliae Salt'm Quia de Advisamento assensu Consilii nostri pro quibasdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae nostrae concernentibus Quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii prox ' futur ' teneri ordinavimus ibidem nobiscum ac cum magnatibus proceribus dicti Regni nostri colloquium habere tractatum Vobis Mandamus in fide ligeantia quibus nobis tenemini firmiter injungentes quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque Dictis die loco personaliter intersitis nobiscum ac cum magnatibus proceribus predictis super predictis negotiis tractatur ' vestrumque consilium impensur ' Et hoc Sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae predictae expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me ipso apud Westm ' decimo octavo die Februarii Anno Regni nostri Decimo tertio SECT II. Observations IN An. 12. Hen. 8. the words fidei Defensor were then added before Salutem instead of Super diversis causis The latter Writs are Quia de advisamento assensu concilii nostri pro quibusdam causis yet I find the word Quia us'd in the great Councils or Parliament Writs before Edw. 2ds time and probably the words assensu Concilii nostri is added to shew the distinction of his Privy-Council and his Publick Council or Parliament 2. Instead of Specialiter tangentibus the latter Writs are concernentibus quoddam 3. Instead of habere proponimus the latter Writ is teneri ordinavimus and habere is put in between Colloquium and Tractatum 4. Ligeantia is put in the latter Writs instead of Dilectione this word Dilectione being for many Ages particularly apply'd to the Episcopal Writs 5. The latter Writs do contain all that are in the more Ancient except the Insertions of some Causes of Summons and some inlargements added upon Emergent occasions viz. quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante Excusatione quacunque 6. And also those words are added near the end of the latter Writ viz. Sicut nos honorem nostrum ac Salvationem Defensionem Regni Ecclesiae predicte expeditionemque dictorum negotiorum diligitis which additions are only more full Expressions to oblige the Attendances of the Grandees Thus having shewn the Exemplar Writs to the Bloud Royal Ancient and Modern I shall set down such Earls Dukes or Princes of the Bloud Royal to whom this Exemplar Writ was directed even to this time according as they are either in the Clause Rolls in the Tower or in the Pawns in the Pettibag-Office which I shall recite in English though the Writs are in Latin SECT III. THe Exemplar Writ was then to Edward Earl of Chester Exemplar 15 Edw. 2. Eldest Son to King Edw. 2d and by vertue of this Writ this Prince had his Exemplar Writ but for this one Parliament and was soon after King Edw. 3d. 2. 3 Edw. 3. To Edward Prince of Wales and Earl of Chester Eldest Son to Edw. 3d. and this Prince had Exemplar Writs for 9 Parliaments viz. 3 Edw. 3. 4. Edw. 3. and 4. Edw. 3. 5. Edw. 3. 25. Edw. 3. 27. Edw. 3. 28. Edw. 3. 29. Edw. 3. 42. Edw. 3. 3. To Thomas Earl of Norfolk 4 Edw. 3. soon after created Duke Marshal of England great Uncle to Edw. 3. who had his Exemplar Writ but for this one Parliament 4. To Henry Earl of Lancaster 14 Edw. 3. soon after created Duke Son to John the 4. Son of Edw. 3. who had Exemplar Writs in this Kings and Richard 2. and H. 4ths time for 7 Parliaments viz. 14. Edw. 3. 17. Edw. 3. 18. Edw. 3. 22. Edw. 3. 25. Edw. 3. 23. Rich. 2. 1 Hen. 4. as Duke of Lancaster 5. To John Duke of Lancaster 37 Edw. 3. who then was King of Castile and Duke of Acquitane the 4th Son to Edw. the 3. as aforesaid and Uncle to Rich. the 2. who had Exemplar Writs for 17. Parliaments in this and Rich. the 2ds time viz. 37 Edw. 3. 38. Edw. 3. 1 R. 2. 3 R. 2. 4 R. 2. 7 R. 2. 7 R. 2. 8 R. 2. and 8 R. 2. 9 R. 2. 13 R. 2. 14 R. 2. 15 R. 2. 17 R. 2. 20 R. 2. and 20 R. 2. 21 R. 2. Exemplar 6. 50 Edw. 3. To Richard Prince of Wales Duke of Cornwall and Earl of Chester Grand-child to Edw. the 3d. and Son to Edw. the former Prince of Wales and afterwards King Richard the 2d who had an Exemplar Writ but for this Parliament and at the opening thereof he did sit in the Kings Chair 7. 10 Ric. 2. To Edmund Earl of Cambridge Duke of Clarence and first Duke of York the 5. Son of Edw. the 3d. who had Exemplar Writs for 3 Parliaments viz. the 10.11.12 of Rich. 2. as Duke of York 8. 11 Ric. 2. To Thomas Duke of Glocester Uncle to the King who had one Exemplar for one Parliament 9. 1 Hen. 4. To Henry Prince of Wales and Duke of Cornwall who had his Exemplar Writs for 9. Parliaments in his Fathers life time and was after King Hen. the 5th viz. 1 H. 4. 2 H. 4. 3 H. 4. 6 H. 4. 7 H. 4. and 7 H. 4. 9 H. 4. 11 H. 4. and 13 H. 4. 10. To Thomas the 2d Son of Hen. the 4th Duke of Clarence and Earl of Albemarl had Exemplar Writs for 7 Parliaments in this and Hen. 6ths Reign viz. Exemplar 1 Hen. 5. 1 H. 5.3.4.5 of Hen. the 5th and in the 1st and 6. and 3 H. 6. 11. To John Duke of Bedford 3. 8 Hen. 5. Son to Hen. 4th who had Exemplar Writs for 5 Parliaments in this and Hen. 6th Reign viz. 8 H. 5.4 and 4.11.14 H. 6. 12. To Humphrey Duke of Glocester 2 Hen. 6. the 4th Son of Hen. 4. he had Exemplar Writs for 10 Successive Parliaments viz. 4.6.9.10.15.18.20.21.25 and 25 H. 6. 13. To Rich. Duke of York 27 Hen. 6. Grand-child to Hen. 4. and Eldest Son to Edw. the 4. when Duke of York who had Exemplar Writs for 4 Parliaments viz. 27.29.31.33 H. 6. 14. To George Duke of Clarence 3d. 7 Edw. 4. Brother to Edward the 4th who had Exemplar Writs for 3 Parliaments viz. 7.9.12 Edw. 4. 15. To Edward Prince of Wales 22 Edw. 4. Eldest Son to Edward the 4th who had Exemplar Writs for Two Parliaments and after was King Edward the 5th viz. 22. and 23. Edw. 4. Note That from this time to the 21. of Hen. the 8th we are disappointed of the knowledge of any Exemplars and from thence to the 21. of King James there are no Exemplar Writs to
any of the Bloud Royal only to other Lords Temporal as will be shewn in its proper place but in the 21. of King James Exemplar 16. 21 Jacob. An Exemplar Writ was to Charles Prince of Wales Duke of York for that one Parliament who was afterwards King Charles the First 17. 15 Car. 1. To Charles Prince of Wales who had an Exemplar Writ for one Parliament and after was King Charles the Second 18. 13 Car. 2. To James Duke of York who sat by vertue of the aforementioned Writ in the Parliament begun the 8th of May 1661. to the end thereof SECT IV. Observations on the Title of York THere were other Dukes of York besides these which are mention'd in this Collection viz. Edward the Son of Edmund Duke of York and upon Edwards Death his Brother Richard was created Duke of York and Henry the son of King Henry the 7th was created Duke of York who after was stiled King Henry the 8th but these 3 Dukes of York being not mention'd in any Clause Rolls to have Exemplar Writs I have omitted them in the Register of Exemplars 2. The City of York was dignified with the Title of an Arch-Bishoprick in the year 180 as some say but all agree that Taurus was Arch-Bishop there in the year 610. and also with the Title of a Dukedom in the 10th year of Ric. the 2d whereas London the Metropolitan of England hath onely a Bishoprick but no Dukedom Earldom or Marquesate appropriate to it and in Anno the Civil Government of the City was honour'd with the Title of a Lord Mayor as it was at London but how far the equivalency of that Title extends to those two Cities will be further discourst when I speak of London in its proper place and in my Annotations 3. Whilst the quarrel continued between the Dukes of York and Lancaster which lasted for many Ages York had the Title of White-rose the House of Lancaster call'd the Red-rose till both were inoculated into one Stock of Hen. 7th 4. The Title of this James Duke of York and Albany in Scotland is the same which was given by King James to Prince Charles afterwards call'd King Charles the First being first created Duke of Albany c. and at 4 Years of age Duke of York SECT V. Of Consimilar Writs to the Royal Exemplars NOw I should proceed to the Consimilars of these Exemplars but in respect that they consist of a very great number and it were too great a labour to treat of all Consimilars I shall forbear to recite them Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them and ease me of that labour so as I shall only take notice here of the Writ for this Parliament to Prince Rupert the Sisters Son to King Charles the First and this is Consimilar in all parts to the Duke of Yorks Exemplar except in the Title so I need not set it down at large but by abbreviation shall thus render it viz. Carolus c. Rex c. Praecharissimo Consanguinco Duci Cumbriae Salutem and so Verbatim with the Dukes Exemplar Duke of Cumberland being his English Title SECT VI. Observations on these Consimilars 1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time after the Exemplar Writs are set down these words following are in the Clause-Rolls and Pawns viz. Consimilia Brevia diriguntur Subscriptis and in some Consimiles Literae instead of Brevia directae Subscriptis and in some Consimiles Literae directae Conscriptis thereby seeming to retain the ancient words of Patres Conscripti which the Romans did usually apply to their Elected Senators But here it is only Consimile Breve in the singular Dirigitur praecharissimo c. Ruperto there being no other of the Bloud in England 2. Princes of the Bloud have been Consimilars when Princes of the Bloud have been Exemplars as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle of the Bloud but not where any were Exemplars who were not of the Bloud and so many more might be cited which may be seen in Cottons Collections of the Tower Records 3. In this Consimilar Writ Prince Ruperts Foraign Titles are omitted because none of the Peers do sit in the Lords House but in respect of their English Titles yet in the Proxy-writs which they allow to others their Foraign Titles are recited without scruple as will be shewn in the 10th Section of the 12th Chapter 4. I cannot but take notice here that till the Union with Scotland there was a Chair plac'd in the Lords House on the right hand of the Kings Chair for the King of Scots and call'd the King of Scots Chair Yet I cannot find by any Records of the House of Lords or elsewhere that the King of Scots did ever sit there or was Summon'd or had any proxy to sit there for him by vertue of any Exemplar or Consimilar Writ And now I shall proceed to the Exemlar for Bishops CHAP. VII The second Exemplar viz. To the Archbishop of Canterbury Section I THe Examplar for Bishops of which I am now to speak is not entred into this Pawn in the Pettibag which I have recited verbatim as all the other Exemplars are but it is entred in the Chancery Crown-Office an Office of Record also as I have shewn being issued after the Parliament was sitting nor would I have entred it here in respect my design in this first part is to write only of such Writs as were previous to the sitting of this Parliament had not I found that the Exemplar for Bishops is constantly entred in all the Clause-Rolls extant from the 15 of Edw. 2d and in all Pawns extant from the 21 of Hen. 8. except in this of the 13. Car. 2d which omission proceeding from the reasons which will be given in the following Chapter was upon the first sitting of this Parliament rectified and therefore I thought fit rather a little to deviate from my method than to defer or puzzle the Reader with the discourse of it at too great a distance from all the other Writs of Summons of which I intend to treat according to the order of the Pawn and so I crave leave as most suiting to all former precedents to treat of this Exemplar in the second place especially having the Act of Precedency unrepeal'd also to justifie my proceedings 2. Before I proceed to discourse of Archbishops or Bishops it is convenient to look back to the several Titles which were given to those who were Managers of the Religion practis'd in this Island before the name of Bishop was here known This Religion was by the Jews call'd Paganism and the Professors thereof Pagans Panims Ethnicks Gentiles Heathens and Infidels which Titles are all of the same nature The word Pagan comprehending the other five only the word Infidel was not
Episcopo Carlilin P. Johanni Episcopo Roffensi P. Roulando Episcopo Coventry Lichffeldiae Henrico Episcopo Assanensis D. Georgio Episcopo Landavensis D. Thomae Episcopo Bangorensis P. Gulielmo Episcopo Norwicae P. Johanni Episcopo Herefordiae D. Roberto Episcopo Wintoniensis D. Gulielmo Episcopo Bathon Wellen. Roberto Episcopo Cecestriae D. Custodi Spiritualitatis Episcopatûs Wigorn ipso Episcopo in Remotis agente Custodi Spiritualitatis Episcopatûs Dunelmensis ipsa fede vacante XX. in all SECT XVI Observations on this Writ to Cardinal Wolsey THis Writ except the Title of it is like that of Ed. 2d yet I have thought fit to enter it for some reasons particularly 1st For the Eminent nature of the Titles which this Cardinal ascrib'd to himself who had also tryed several experiments to have been made Pope and probably the Passions of Hen. 8. and the Cardinals disappointments therein might hasten the dissolution of the Abbots and other proceedings in order to the lessening the Popes interest here and this refusal of the Cardinal may justly give an occasion to say that the English have always had hard measure in their Attempts therein for though the Conclave have admitted above 50. English men to be Cardinals yet it seems their Policy hath been not to admit of any English man to be Pope except one in our Henry 2. time called Nicolas Brakespear who being Pope Intituled himself Adrian the 4th so that from Higynus's time there hath been but one English man made Pope unless Johannes natione Anglicus Gussarus officio Papa Sexu Faemina quae sedet in Papatu An. 20. Mens 6. who in English we call Pope Joane be allow'd for one of the 246. Popes to this time yet the Pope hath exercised the highest Jurisdiction here that England could afford which is a very Partial and unequal way of dealing 2. The 2d reason of Entring this Writ is to shew that the Archbishop of York was herein the Exemplar to the Archbishop of Canterbury of which there is no Precedent before for the three Cardinals which were Archbishops viz. in the time of King John Edward the 3d and Hen. the 6th were all three Archbishops of Canterbury so as this precedency must be attributed to the Cardinals Dignity above all Archbishops and not to any irregularity in placing the Exemplar And here it may be observed that as the Title of Archbishop did long since leap over the Title of Bishop and the Titles of Patriarch and Pope over Archbishops afterwards viz. Anno Christi 1099. when the Title of Cardinal first began by Pope Pascal the 2d his institution the Title being rais'd by him of certain Parochial Priests in Rome of whom he had more confidence did in effect leap over all the Four other Degrees and by it had the sole power of Electing Popes being under their management so as the Pope hath only the Title left and the 70 Cardinals the power of Electing him in which they are unwilling to admit of any English man although if they did he would be so over-ballanc'd that there were no great hazard of his Election In the mean time the Conclave is so kind to its own Interest as to appoint one of those Cardinals to be Protector of England he being at this day Stiled Eminentissimus Dominus Franciscus Cardinalis Barbarinus Angliae Protector 3. It may be observed that amongst many other Titles he Intitled himself Presbyter to gratifie all interests 4. Though H. 8. might intitle himself Fidei Defensor 8 years before this Writ yet this is the first Writ on Record wherein this Title is given and this also is the last Writ that I find was sent to any Cardinal to sit in Parliament for though Cardinal Pool was Cardinal and Archbishop of Canterbury in Queen Mary's time yet he had no Writ either as Cardinal or Archbishop or both but the Exemplar was in that Parliament to the Bishop of Winchester and no Writs to the Bishops of Canterbury York London or Durham 5. When this Writ was made he was Lord Chancellor yet it is not inserted in the Writ possibly because Sir Thomas More was in Prospect to be Lord Chancellor and was actually so before the Parliament met And now having shewn the first Writ among the Pawns I shall proceed to the Writs in the subsequent Pawns and then shew the alteration of them The second Pawn or bundle of Writs extant in the Pettibag is of the 31 of Hen. 8th wherein the first Writ is to Thomas Archbishop of Canterbury and this Writ also agrees with the former except in the Titles and with all the Writs to Archbishops from Edward the 2ds time to this as they are in the Clause Rolls The third Pawn or Record of Writs in the Pettibag is of the 36 of Hen. 8th which is the remarkable Writ because it differs from all the former Writs since Ed. 2ds time both in the Titles and the Praemonition for in this Writ he is intituled King of Ireland and Supream Head but before this only Lord of Ireland Now as to the Title of King of Ireland Hen. the 2d did give the same to his Son King John but the Pope would not let him enjoy it nor did any of his Successors assume it till Hen. the 8th resolved to reassume it in defiance of the Pope and writ himself King of Ireland instead of Lord of Ireland because as I said in the former Section he would not place the Title of Defender before Ireland as the Pope had directed him in his Bull or it may be in respect the Pope pretended a Title under King John to Ireland and as for the other Title of Supream Head though it was given him by the Parliament 12 years before yet I find it not in any Parliament Writ till this year of the 36. H. 8. So that the Preamble or Titular part of the Writ is thus Henricus Dei gratiâ Angliae Franciae Hiberniae Rex fidei Defensor Ecclesiae Anglicanae Hiberniae Supremum Caput Then for the Premonition whereas the words Priorem Capellanum or Capitulum were plac'd next unto Praemonentes in this Writ the words were Praemonentes Decanum Capitulum because Abbies and Priories were newly dissolv'd and Deanaries Constituted and so the Writs thus alter'd have continued till this Writ for the year 1661. But before I set down the Writ for 1661 I must a little repeat some short progresses and methods ushering in that Writ for though the Bishops were in the year 1641. by an Act of King Charles the First with the Consent of the Lords Temporal and Commons disabled from Exercising any Temporal Jurisdiction or Authority and thereupon soon after put out of the Lords House as I have shewn yet there was no occasion of new Writs to them till the year 1661. and then there could be no new Writs made for their Restauration till they were restor'd by the same power of King Lords Temporal and Commons by
Domini Nostri Regis conceiving that the very mentioning of the Kings License was a sufficient acknowledgment of his Prerogative herein however these following Proxee-Deputations or derivative Writs which I cite as Precedents were regularly obtain'd The Form of a Proxee-License from one Lord Temporal to another before the sitting of a Parliament 10. OMnibus Christi Fidelibus ad quos hoc praesens scriptum pervenerit Rupertus Palatinus Rheni Dux Bavariae Cumbriae Comes Holdernes in regno Angliae salutem Noveritis me praefatum principem per Licentiam Serenissimi Domini nostri Regis a suo Parliamento tenendo inchoando apud Westmonasterium in dicto regno Octavo die Mensis Maij proximo futuro sufficienter excusatum abesse Nominare ordinare constituere dilectum mihi in Christo praenobilem honoratissimum virum Jacobum Ducem Marchionem Comitem Ormondiae Comitem Osoriae Carrickiae Breconiae Dominum Thurles Baronem meum verum certum indubitatum Factorem Attornatum Procuratorem eidemque Procuratori meo dare concedere plenam Authoritatem Potestatem pro me nomine meo de super quibuscunque causis exponendis seu declarandis tractandis tractatibusque hujusmodi mihi factis seu faciendis Concilium nomine meo impendendum Statutisque etiam ordinationibus quae ex maturo deliberato Judicio Dominorum in eodem Parliamento Congregatorum inactitari seu ordinari contigerint nomine meo consentiendum eisdemque si opus fuerit subscribendum Caeteraque omnia singula quae in praemissis necessaria fuerint aut quomodolibet requisita facienda exercenda in tam amplo modo forma prout ego ipse facere possem aut deberem si praesens personaliter interessem ratum gratum habens habiturus totum quicquid dictus Procurator meus statuerit fecerit in praemissis In cujus rei testimonium praesentibus subscripsi Sigillumque meum apposui datum apud Westmonasterium decimo sexto die Aprilis Anno Regni dicti Domini nostri Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. decimo tertio Annoque salutis nostrae 1661. 11. This was subscribed Rupert and sealed with his Seal at large upon an annext Label 12. All Proxee-Writs of this nature are given into the Clerks of the Parliament before the Proxees are admitted and their Licenses either produced to the Lords if written or affirm'd by some other Lords that the Kings consent was thereto 13. This was the only derivative Proxee-Writ which was made by a Lord Temporal of this Parliament 1661. before the Sessions and though the Foreign Titles of the Proxor and of his Proxee are mention'd in the Writ Honoris Gratia yet it operates nothing in this Case for as the Proxor could not make a Proxee without the Kings License written or vernal so he could not be a Proxee by virtue of his Foreign Titles but only by their English or Welsh Titles viz. as Duke of Cumberland he was Proxor not as Palatine of the Rhine or Duke of Bavaria and the Earl of Brecknock was his Proxee as Earl of Brecknock not as Duke of Ormond 14. Had there been more of these Derivatives before the Sessions they must have been in the same words differing only in the Titles of the Proxor and Proxee and those that were made the Parliament sitting viz. the 10th of May the Earl of Holland before any Prorogation made the Earl of Suffolk his Proxee and are also in the same words with the other Form mutato nomine and by changing the future to the present viz. Tenendo Inchoando to tento inchoato but after a Prorogation the words are as in the next Writ at inde prorogato c. And these two Derivatives are sufficient to shew the difference between Writs made before the Parliament or before any Prorogation and the Writs made after a Prorogation 15. The recital of Prorogation or Prorogations are not only so in Derivatives but in all original Writs which are issu'd after a Prorogation by reason of the death of any Lord to summon another I have entred this Writ to the Archbishop here though I shall speak more of it when I come to treat of Writs made in time of Parliament because it contains many Clauses different from the Derivatives to the Lords Temporal especially in the last Paragraph more observable The Form of the Archbishop of Canterbury's derivative Proxee-Writ to the Bishop of London after a Prorogation OMnibus in Christo Fidelibus ad quos hoc praesens Scriptum pervenerit Gulielmus providentia divina Cantuariensis Archiepiscopus totius Angliae Primas Metropolitanus Salutem in Domino sempiternam Cum Serenissimus Dominus noster Rex quibusdam de causis sublimitati suae intimatis licentiam a praesenti hoc suo Parliamento tento inchoato apud Westmonasterium octavo die Maij Anno regni sui decimo tertio continuato ad decimum nonum diem Maij Anno decimo quarto dicti Domini Regis inde prorogato ad decimum octavum diem Februarij proximè inde sequentem nobis absentandi ex suo speciali gratia favore nuper concesserit dummodo sidelem aliquem Procuratorem vice locoque meis ponerem ordinarem constituerem Noveritis Igitur me praefatum Archiepiscopum dilectum mihi in Christo Reverendum in Christo Patrem Gilbertum eadem divina providentia Dominum London Episcopum meum verum certum indubitatum Factorem Actorem Procuratorem Attornatum negotiorumque nostrorum Gestorum Nuntium specialem nominare ordinarefacere constituere per p'sentes dando concedendo eidem Procuratori meo plenam authoritatem potestatem de super quibuscunque causis negotijs statum utilitatem dicti Domini nostri Regis Reipublicae incolumitatem Ecclesiae Anglicanae quietem concernentibus quae in praefato Parliamento qualibet ejusdem sessione per dicti domini Regis statum agitari contigerint tractandi tractibusque hujusmodimihi factis seu faciendis concilium auxilium nomine meo imponendis etiam ordinationibus quae Communi statu praedicta ordinatione ibidem fieri ordinari contigerint nomine meo consentiendi ijsdem si opus fuerit subscribendi vel dissentiendi Caeteraque omnia singula quae in praemissis aut in aliquo praemissorum necessaria fuerint seu quomodolibet requisita faciendi expediendi exercendi in tam amplis modo forma prout ego ipse facere possem deberem si praesens personaliter interessem Promittoque me ratum gratum firmum perpetuo habiturum totum quicquid dictus meus Procurator statuerit aut fecerit in praemissis sub Hypotheca obligatione omnium singulorum bonorum meorum in ea parte cautionem expono per presentes In cujus rei Testimonium manum sigillum meum Apposui Dat apud Lambeth '
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
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
Mary two in the 28th of Eliz. two in the 30th of Eliz. one in the 35th of Eliz. three in the 39th of Eliz. one in the first of Jacob. three in the 21. of Jac. five in the first Car. prim four in the 15. Car. 1. three in the 13th Car. 2d the two before mentioned for whom Writs were order'd but not actually Summond as I have shewn 9. In the 39th Eliz. the Writs to the three Serjeants are directed distinctly Vni Vni Vni but in all the rest Servienti ad Legem without the addition of Vni nor do I find Vni added in any former Writs before Henry the Eighth but only this viz. 4 Hen. 5th Johanni Stranguayes Vno Servienti Regis ad Legem 10. And as a peculiar distinction the Kings eldest Serjeants have the Priviledge to Plead in all Courts of Westminster within the Bar but only in the Common Pleas where no other Graduats of Law but themselves can Plead as I have shewn and there all the Serjeants stand without the Bar. 11. They are also sometimes Assistants to the Judges and to the Lord Chancellor and Master of the Rolls and many times in case of age or infirmness of the Judges they do supply their places both in the Courts of Westminster and in their Itinerances and Circuits Pro hac vice and upon death of any of them if the King think fitting they are Constituted Judges in their Vacancies and this by Commission 12. As to their places in Parliament they are next the Judges as shall be shewn in the local part of this Treatise as also of their Imploymens sedente Parliamento Thus having brought the Servientes ad Legem to be Judices Magistros legum I pass to the second Degree of the third Orb or Rank viz. the Kings Attorney General The Consimilar Writ to the Kings Attorney General THis appellation of Attorney is deriv'd from Tourne so call'd in Magna Charta SECT 17 which anciently was call'd the Sheriffs Moot or view of Frankpledge and to this day is call'd the Sheriffs Tourne from Turris signifying a Tower or Castle where these Courts were kept and where inquiry is made upon Oath of all things done contrary to the peace of the Countrey c. as will be shewn when I come to the House of Commons and then those who did practise to those ends in those and other Courts were call'd Ad Tourny's or Attourny's generally the word doth signifie a Person intrusted to manage other mens Concerns And this being the most Eminent Trust in managing the Kings Concerns his Duty Care and Pains is the greater and more Eminent he hath also his Patent In haec verba CArolus Secundus c. Omnibus ad quos c. Salutem Sciatis quod nos de fidelitate Circumspectione dilecti fidelis nostri G. P. Mil. plurimum confidentes ipsum G. F. Constituimus Ordinavimus deputavimus assignavimus nostrum Generalem Attornatum in omnibus curijs nostris de Record'in Regno nostro Angliae Habendum occupand'officium hujusmodi Generalis Attornat ' nostri prefat ' G. F. quamdiu nobis placuerit percipiend'in pro officio illo exercend'Vad'Feod'Profic ' Regard'eidem officio pretinend'sive consuet ' Dedimus etiam ac tenore presentium damus prefat ' G. F. plenam potestatem authoritatem faciend'ordinand' deputand'tales clericos officiar ' sub seipso in quolibet Cur ' nostra quales aliquis alius officium illud proantea habens nomine occupans habuit fecit ordinavit seu deputavit aut facere ordinare seu deputare consuevit eo quod expressa mentio c. In cujus rei c Teste c. And he hath his Writ of Summons to a Parliament also In haec verba Carolus c. Dilecto fideli Galfrido which we in English call Jeffery Palmer Militi Attornato suo generali salutem and so verbatim according to the Exemplar Observations 1. THat which makes this Assistant the more eminent and remarkable is That as there is but one Lord Chancellor or Keeper one Lord Chief Justice of the Kings Bench one Master of the Rolls one Chief Justice of the Common Pleas and one chief Baron of the Exchequer so there is but one Attorney General and though those five have Judges and Masters of Chancery to assist them this hath no proper Officer under him yet hath power to depute Clerks and other Officers to assist him and is Singulus in omnibus omnis in singulis 2. Neither these nor any of the Assistants to the Lords House before named have the priviledge of making Proxies either before or in time of Parliament yet I remember something Equivalent in in the case of Valentine Elliot c. when upon a Writ of Error brought into the Lords House for reversing of a Judgment given in the Kings Bench against the said Elliot Sir Jeffrey Palmer being then Attorney General and indispos'd in his health and thereby finding himself unfit to manage that Case Mr. North then a young Professor of the Law was permitted to appear for the Attorney General and Plead the Case only here was the difference had Mr. Attorney been there in Person he had stood within the Bar and Pleaded but Mr North Pleaded without the Bar which he manag'd with so much Law Eloquence and Dexterity that his Abilities being known by usual Degrees in few years he was advanc't to his present Station of Chief Justice of the Common-Pleas 3. This Title of Attorney General began in Eward the Firsts time but I cannot be positive when they had their first Writs of Summons but in the 21.30 and 39. of Hen. 8. he had a Writ and so the 1.6.7 Edw. the 6. also the 1. and 1. of Mary and 2.3.4 and 5. Phil. and Mary and in those two last Writs he is term'd Attornat ' Dominorum Regis Reginae General ' and then in the 28.30.39 and 43. Eliz. Attornato Generali and so also the 1. and 21. of King James also the 1. and 15. Carol. primi and now 13. Caroli Secundi Sir Geffrey Palmer Attornato and after him none did sit in the House of Lords during this Parliament except Sir William Jones Knt. the Attorneys intervening those two being still chosen in the House of Commons as will be shewn Of the Consimilar Writ to the Kings Solicitor General THe words Attornatus Solicitator are us'd in the Civil Laws SECT 18 as here at the Common Law for such as do take care to manage or tend other mens Affairs and there is but one of that Profession as is before shewn of the Attorney General but because the Title should be distinguish't from the common sort of such Practisers as the Kings Attorney hath his Patent and Writ from the King so hath this thereupon call'd the Kings Solicitor General his Patent is In haec verba CArolus Secundus c. Omnibus ad quos c. salutem Sciatis
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
Writ Secretario suo Secretario and at the same Parliament William Petre Mil. had his Writ Secretario suo without other addition in the first of Edw. the Sixth William Petre Mil. had his Writ only Secretario suo but in the 6. of Edw. the 6th the Title alter'd viz. Willielmo Petro Mil. Uni Vni primariorum Secretariorum suorum and to Willielmo Cecil alt ' primariorum Secretariorum Alteri and Jo. Cheke Mil. alt ' primariorum Secretariorum so here were three Secretaries Summon'd to this Parliament and the same three were Summon'd in the 7th of Edw. 6. and in the first of Mary and 1st of Mary the same Petre was Summon'd Vn ' Primariorum Secretariorum Domini Regis and Jo. Bourne Militi alt ' Primariorum Secretariorum Domini Regis and so the 1st and 2d and 2d and 3d. of Philip and Mary the same Petre and Brown had Writs by the words Vni alteri primariorum Secretariorum Domini Regis the 4th and 5th Phil. and Mary Writs were to Jo. Broxal Vni primariorum Secretariorum Regis Reginae the like to the said Jo. Bourne Militi alt ' primariorum c. Principali the 25th Eliz. Francisco Walsingham Militi Principali Secretariorum suorum and no other Secretary the 30th Eliz. Consiliario suo Roberto Cicil Militi Primario Secretario Primario and no other the 35th Eliz. to the same Francisco Walsingham Militi principali c. and no other the 39th Eliz. Consiliario Roberto Cicil Primario and no other 43. Eliz. none Summon'd the 1 Jacobi Johanni Herbert Militi vni Primariorum and no other 21 Jacobi Georgio Calvert Militi vni Primariorum Edwardo Conway Militi vni Primariorum the 1 Car. primi Olivero Vicecomiti Grandison vni Primariorum Secretariorum Johanni Cooke Militi vn ' Primariorum c. 15 Caroli primi Francisco Windibanck vni Primariorum Henr. Vane Militi uni Primariorum and so in this 13 Car. 2di the Writ was Edwardo Nicolas Militi uni Primariorum Secretariorum suorum and no other Secretary was Summon'd during this Parliament the rest being Elected and accordingly did sit in the House of Commons except the Lord Arlington who sat as Earl and Secretary in the Lords House and though the word Primario is more generally used in Writs yet in Superscriptions c. the word Principal is altogether used as more agreeable I conceive to the Idiom of our Language 6. The dignity of this Office is shewn in their Summons and Place in the Lords House according to the Act of Precedency but I must say something more of the antiquity of the Office and of the nature of such are imployed in it If he be taken for a Scribe because they write the Kings literal Dispatches it had the same esteem among the Hebrews that the Magi had with the Chaldeans and the Quindecemviri among the Romans which latter were the Expounders of the Secrets of Sybills Oracles These Scribes were usually selected out of the Clergy and not out of the Laity so that such as were used out of the Laicks were call'd Notarij and not Scribes and such as were us'd by the Clergy were call'd Clerks from Cleros because the Clergy by reason of their learning did for the most part Guide both Secular and Spiritual Affairs but the word Secretary in which Office the Clergy in former times were more commonly imployed than Laymen doth import something of another nature being derived from Secretum and that from Cretum the Supine of Cerno to see or discern so by adding Se to Cretum it makes Secretum and renders the Person imployed in that Office to be one who knows Se id est himself and can also Judiciously discern and judge of other mens matters and yet reserve the Determination or Execution of them in his own breast and for this tenacity of mind he is properly call'd a Secretary and the Kings Secretary or Secretary of State as a preserver of the Secrets of the King and Kingdom for publick and private use till just occasion require their impartments to others and indeed considering the perpetual Designs of Princes towards each other and the Discontents and Seditious Humors which are in every Kingdom there is no quality more requisite to a Minister of State than a secret and reserved mind and more particularly to this Officer his very Title intimating his Duty in which he ought to be master of three Properties Lord Verulam a Prudent Dispatch Exquisite Intelligence and Secrecy in all for by these especially the last all Minings and underminings are still disappointed by the rules of Politick Secrecy by which Art Kingdoms are kept in quiet by quenching fires before they flame and because this requires not only a great skill but as great a vigilancy which few are capable to perform Bocalini tells us in his pleasant Chapter of reforming the World that to ease it of this indifatigable trouble without using so many Meanders Apollo resolved to make a Window in every mans breast so as at first view each man might see the thoughts and intentions of each other and thereby prevent the prejudices which daily arise for want thereof but before Apollo did execute his Resolves he caus'd the Wise Men of Greece with some others of the Literati to be Summon'd and to give their Opinions therein where Thales was the first that press't for it with such Arguments that Apollo was almost confirm'd but at last he was disswaded by many other Lawyers Poets Physicians and Theologicks by more convincing Arguments shewing that nothing caus'd a greater reverence to those and other Professions than the mysteries which were contain'd in them which would make them contemptible if they should be seen or known by every vulgar Eye whereupon the Windows were not made 7. Now the same reasons which were us'd against making these Windows in the Bodies of Men may serve to oppose the Windows too often made in the Bodies of such Councils or Parliaments as are to support a Kingdom where every Member or Counsellor indeed should be a Secretary of State because the publishing of Consultations commonly meets with Seditious Tempers who think nothing is well done but what is done by themselves looking meerly on the Fact and Success not on the Deliberations Grounds and debated Reasons of that Fact for it is not the event which makes the reason of managing that Fact to be the less Reason for let the event be good or bad the reason is still the same if the Reason be good and solid yet the Event bad it may be said that it meets with an ill constellation but if the Reason be bad and the Event as ill the discovery of these do still raise a worse constellation and if the Reason be bad and the Event good if the bad Reason be kept secret the glory of the Event would quickly drown the censure of the bad Reason and make the Counsellors