particulars mentioned by my worthy Colleague that spake last in which I have owned your Authority And for a strict formal pursuance of the Ordinary rules of Law it hath been hardly to be discerned in any of the late proceedings on either side in all our great and weighty transactions Unavoidable necessity hath put us upon those courses which otherwise perhaps we should not have taken I am sure my sitting and acting here is according to the known Laws of England and that my protection at this time is only from you therefore my obedience is only due to you and there is no other visible Authority in being but your selves There are sufficient reasons to justify an obedience to your Authority which truly Sir I do own and not scruple at all as things now are to act by that Authority I only scruple my undertaking this great Charge knowing my own want to perform it as I ought to do this place requires quick apprehension general learning and deep judgment all which are wanting in me but I see many worthy Gentlemen within these Walls of much greater abilities and more compleatly furnished for the execution of this Charge than I am My humble Motion therefore to you is That you will be pleas'd to think of some persons more fit and worthy of this great trust than I am and to excuse me from being one of your Commissioners for the Great Seal of England which is a place too high for me The House would not allow of his excuse but after a little debate the question was put and it was voted Nemine contradicente that he should be one of the Commissioners for the Great Seal Then Mr. John L'Isle was named to be another of the Commissioners and after a short and no eager excuse made by him and his high owning of their Authority which he had sufficiently done before as one of the High Court of Justice for tryal of the King Mr. L'Isle was Voted to be another of the Commissioners for the Great Seal Lastly Mr. Sergeant Keeble was named to be the third Commissioner of the Great Seal and two of them of the Quorum Upon debate the time for their being Commissioners was Voted to be quam deu se bene gesserint The Title held some debate whether they should be stiled Commissioners or Lords Commissioners and though the word Lords was less acceptable at this time than formerly yet that they might not seem to lessen their own Authority nor the Honour of their Officers constituted by them they Voted the Title to be Lords Commissioners and the Act was passed presently in these words An Act of the Commons assembled in Parliament for committing the Great Seal of England into the hands and custody of Commissioners Beit enacted by this present Parliament and the Authority of the same that the Great Seal of England shall be committed to the keeping of Bulstrode Whitelock Sergeant at Law Richard Keeble Sergeant at Law and Iohn L'Isle Esq who are hereby appointed Lords Commissioners for that purpose quamdiu se bene gesserint which said Persons are hereby constituted and appointed to be Lords Commissioners for the Custody of the Great Seal of England during the time aforesaid and they or any two of them shall have and are hereby authorised to have the Custody Keeping Ordering and Disposing thereof as also all such and the like powers and Authorities as any Lord Chancellour Lord Keper or Commissioners of the Great Seal of England for the time being have Lawfully had and used or ought to have had or used Hen. Scobell Cleric Parliamenti Sergeant Keeble was sent for and they three being commanded by the House to come up to the Table Whitelock went in the middle Sergeant Keeble on his right hand and M r L'Isle on his Ieft hand there the Speaker gave them their Oaths Well and truly to execute the place of Commissioners for the Seal and then he delivered the new Great Seal to them They put up the Seal in the Purse and with the usual Ceremonies and reverence they brought it out of the House and went into the Queens Court where they sealed it up with their Seals and went their selves to see it locked up in the Tower in M r Brown's House where it was usually laid before 9. Many Justices of the Peace scrupling to Act because their Commissions were in the name of the King a Committee was appointed to consider of another form for them and thatthey might be commanded to Act in the name of the Parliament The House confirmed the election of the Lord General and Colonel Rich to be Burgesses for Cirencester and to admit them Members This being the first day of the Term the six Judges who were inclined to hold their places were as yet much unsatisfied because the Oaths of Allegiance and Supremacy were still continued and because the House had not declared that the fundamental Laws should be continued and the Judges to administer justice accordingly They debated these matters together and in conclusion came to this result that if the House would pass such a Declaration repeal the Oaths of Allegiance and Supremacy and alter the Oath of a Judge that then they would presently sit in their places 'T was told them it would be hard to procure all this to be done in the House so soon as that they might sit in the several Courts this morning and if they should not sit this first day of the Term it would be some interruption to the Course of Justice and reflect upon the Parliament They were intreated to draw the Declaration themselves as they desired the House should pass it which they did presently and the Cmmissioners of the Seal went into the house and acquainted them with the consequence of the business which they tendred to them to be forthwith passed to enable the six Judges to sit in Court this morning The House were so sensible of the reasonableness and fitness to give a speedy dispatch to this business that they laid aside all other and soon Voted That the Oaths of Allegiance and Supremacy should be null and void made a satisfactory alteration of the Oath of a Judge and passed the Declaration drawn by the Judges They were satisfied herewith and the Commissioners presently sealed their Patents and gave them the new Oath of Judges then they went and sate in their several Courts and the Commissioners of the Seal sate in Chancery They caused the Declaration to be read and spake to the Auditory concerning the business to give them satisfaction and to settle their minds this they took occasion to do in their Speeches to the Judges and therein 't is believed they did some service for the Parliament Upon the desire of the Committee for the Revenue the Lord General granted his Warrant to all Officers and Souldiers to suppress the cutting down and destroying of Timber and killing of Deer in any of the publick Forests Chaces
in general and to propound remedies Debate about the Ordinance for Sale of Deans and Chapters Lands 7. Report of the arrears of the Assessment to the Army to be three hundred fourteen thousand three hundred fifty one pounds for which fifty thousand pound was in arrear in London Order that the Collectors who had not brought in the arrears should be taken into custody and that the Members of the House write to the Committees of the several Counties Letters from Lieutenant General Cromwell of the Surrender of Berwick and Carlisle to him The House approved what he had done and ordered the pay of the Forces there a hundred pound given to the Messenger Letters from the Isle of Wight that the King gave a Paper of reasons to the Parliaments Commissioners why he could not condescend to take away Bishops and Government by Bishops which he conceived to be of Apostolical institution and alledged several Scriptures to that purpose He also propounded some quaeries concerning Presbyterian Government wherein he desired to be satisfied the Commissioners referred it to M r Marshall M r Vines M r Caryll and M r Seaman who were with them to draw up an answer for satisfaction of his Majesty 9. Debate of an Ordinance for a hundred thousand pound for paying the Arrears of reduced Officers and Souldiers and Upon information that they were coming to London from all Parts of the Kingdom Order for a declaration to give them notice that the House is passing an Ordinance for satisfaction of their arrears and that their coming up to London will hinder the great business of the Kingdom and to forbid their coming up upon that or any other pretence whatsoever Order to admit Colonel Butler to his Composition upon Pembrokes Articles The Lords House being called there were about thirty Lords with them Letters from the Isle of Wight that his Majesty gave in to the Commissioners his objections touching the alteration of Church Government and the Ministers then with the Parliaments Commissioners gave in a Paper for answer and satisfaction to the Kings Scruples and as to the obiection that the Sale of Bishops Lands was sacriledge the Commissioners said it lay so much in the Laws of the Land that the Ministers could not judge of â—it That in their Debate touching the Liturgy the King asked what fault they found in the Common Prayer Book to which was replyed that the Liturgy was taken out of the Masse-Book only spoyled in the Translation and that King James had so considered it The King said that if it were good in it self that did not make it ill That his Majesty offered a limited Episcopacy Letters from Lieutenant General Cromwell of the particulars of the rendring of Berwick and Carlisle to the Parliament and desiring that Sir Arthur Haselrigge may supply Berwick being so considerable a place with Guns and Ammunition from New-Castle That both Parties in Scotland were agreed to disband all Forces except fifteen hundred Horse and Foot under General Leven to be kept to see all remaining Forces disbanded that he had some things to desire from the Committee of Estates in Scotland for the service of the Parliament of England for which purpose he was himself going to them The Chancellour of Scotland by command of the Committee of Estates of Scotland writ a Letter to Lieutenant General Cromwell giving him thanks for the many civilities and kind respect he had shewed to that Kingdom and that they had sent Commissioners to him to acquaint him with the agreement betwixt them in Armes in Scotland wherein they had been careful to avoid any thing that might give offence to the Parliament of England They acknowledge advantage hath come to them by the near distance of the English Forces in preventing new troubles whereof they shall be alwaies mindful and endeavour to preserve the Union and a good correspondence betwixt the two Kingdoms 10. A Petition from New-Castle desiring that before the Treaty be ended impartial and speedy Justice may be executed upon the incendiaries fomenters and Actors in the first and second War Another from York and from Hull that the treacherous and Implacable Enemies may be destroyed and exemplary justice done upon them without partiality or delay and their Estates to go towards discharging arrears and publick debts Another Petition to the same purpose but all laid aside by the House 11. Letters from the Commissioners in the Isle of Wight that his Majesty had consented to the settling of the Militia by Sea and Land as in the Proposition and that he will consent to an Act of Parliament to confirm for three years the form of Church Government and Directory for worship presented to him But that he is not satisfied in his conscience or can be content to the utter abolishing of Episcopacy the Substance whereof he conceives to consist in the power of Ordination and Jurisdiction as they were exercised by the Apostles themselves and others by authority derived from them Superiour to Presbyters and Deacons in the Primitive times His Majesties resolution being to comply with his two Houses for the alteration and regulating of his present Hierarchy and Government so as Episcopacy reduced to the Primitive usage may be settled and continued in the Church and if his two Houses shall so advise his Majesty will be content to lessen the extent and multiply the number of the Dioceses That he will consent to the sitting of the Assembly of Divines as formerly he offered and to confirm the publick use of the Directory and will consent to the repeal of so much of all Statutes as only concern the Book of Common Prayer and taking the same away out of all Churches provided that the use of it be continued to his Majesty That he will consent to an Act for the better observation of the Lords day and to prevent saying of Mass That he was not satisfied to take the Covenant or to impose it upon others and conceives his two Houses will not insist upon it and the rather because the ends of it will be obtained by the agreement if happily concluded Upon Debate of this Paper from his Majesty whether as concerning matter of Religion it was satisfactory or not it was voted in the Negative and a Letter ordered to be Writ to the Commissioners to proceed in the Treaty according to their Instructions and that till the Proposition for Religion were signed they should not proceed to the debate of any of the new and that notice should be taken of the extraordinary wise management of this Treaty by the Commissioners An Ordinance transmitted to the Lords for five thousand pound for pay of the Horse-guards attending the Parliament Orders touching mony and Provisions for the Fleet. 12. Upon a report from the Commissioners of the Seal the House ordered that there should be a new call of Serjeants at Law and voted to be Serjeants Out of Grays Inn Sir
aiding the King in his Wars and of an Act for making void all honours conferred on persons without the consent of both Houses And of an Act for the due observation of the Lords day Order for two great Cannons to be sent down to the Forces before Pontefract and Scarborough The House required an account concerning the taking off of the Sequestration of Sir John Winters Estate Order for addition of seven days more time for the Treaty at the Isle of Wight Letters from St. Albans that the General Officers of the Army upon their several meetings at the head quarters had agreed upon a Large Remonstrance to be presented to the Parliament The new Serjeants appeared at the Chancery Bar and Whitelock made the speech to them to this Effect M r Serjeant S t John and the rest of you Gentlemen who have received Writs to be Serjeants at Law IT hath pleased the Parliament in commanding these Writs to issue forth to manifest their constant resolutions to continue and maintain the old setled form of Government and Laws of the Kingdom and to provide for the supply of the high Courts of Justice with the usual number of Judges and to manifest their respects to our profession And likewise to bestow a particular mark of favour upon you as eminent Members of it the good affections to the publick and the abilities of most of you they know by experience among themselves and of the rest by good information I acknowledge that the burthen of this business lies heavy upon me in regard of my own weakness And the worthiness of the Persons to whom my words are directed but as I am of the least ability to give so you have the least need to receive Instructions I should be unwilling to see the solemnity of this general Call diminished and am the rather perswaded to supply my present duty for several respects 1. For the honour of that Authority which commands your attendance and my service upon this occasion 2. For the honour of this Court which challengeth a great share in this work your Writs issuing from hence your appearance here Recorded and your Oath is here to be taken 3. The honour and particular respects which I have of you that are called to this degree 4. And lastly out of my own affections to the degree being my self the Son of a Sergeant and having the honour to be one of your number in this Call and I do acknowledge that both in my descent and fortune I am a great debtor to the Law For these reasons I presume especially being with those from whom I have by long acquaintance found much friendship that I shall now receive a fair construction of what I speak upon this very great subject My observations shall be upon your Call by Writ and upon the Writ it self Your being called by Writ is a great argument of the antiquity of Sergeants The Register hath many Writs as my Lord Coke holds in his Preface to the 10. Rep. that were in use before the Conquest and in the most antient Manuscript Registers is your Writ of the same form with those by which you are called and if there had beeen any alteration within time of memory it would probably have been extant We find Sergeants at Law often mentioned in our Year-Books and in the Records in the Tower as high as the beginning of E. 1. and by Bracton who wrote in H. 3. time And it may probably be conjectured that William de Bussey was a Sergeant by his habit of the Coif and his Office Of whom Matthew Paris relates 42 H. 3. that he was Seneschallus Principalis Consiliarius Gulielmi de Valentia and being accused for great crimes upon his Tryal when he could not acquit himself Voluit ligamenta suae Coifae solvere ut palam monstraret tonsuram se habere clericalem and so to have avoided judgment but it would not serve his turn Thus far it is granted by a little Manuscript treatise which endeavours to detract from the honour of this degree and therefore requires an answer It asserts that by Magna Charta Communia placita non sequantur curiam nostram the Court of Common-Pleas was crected and that some of our profession by Writ then framed were commanded to attend that lower Court the Lawyers being generally unwilling to leave the Kings House where the other Courts of Justice then sate and to attend this new Court elsewhere It is reasonable well that they are allowed the antiquity of 9 H. 3. and by this as antient as the Common-Pleas Court but the errour that this Court was erected 9 H. 3. is sufficiently refuted The same great Charter is in Matthew Paris in King John's time with the words of Communia placita c. in it but I presume his meaning is that before the Statute of Magna Charta there was no Court of Common-Pleas though his words be before 9 H. 3. It is manifest by undeniable Authorities out of antient Manuscripts and Rolls and the black Book of Peterburgh that Cases were adjudged in R. 1. and H. 2. time coram Justitiariis in Banco residentibus and the names of those that were then Judges of this Court are set down many years before Magna Charta was granted which by Hoveden Paris and others are said to be the Laws of Edward the Confessor And if itbe admitted that Sergeants are as ancient as these Laws they allow them the Antiquity of the Confessor and if as ancient as this Court they are certainly as ancient as any thing in our Law But the Author of this Treatise affirmeth that before the Erection of the Court of Common-Pleas it cannot be shewed that there were any special Sergeant Pleaders I am of his opinion and likewise that no man can shew when that Court was first erected which is also the opinion of my Lord Coke 5. Rep. 9 Ed. 4. Sir Roger Owen Lambert and others Yet if the Author mean that before Magna Charta 9 H. 3. there were no such Sergeants he may be satisfied the contrary out of Hoveden and Paris who lived in R. 1. and H. 3. time and are Authors of good Credit They recite the Charge of the Justices in Eyer given in R. 1. and King John's time One of their Articles is to Enquire of the Sergeants at Law and Attorneys Fees In the Book of Entries in a Bill of Debt against a Sergeant at Law in the Common-Pleas he shows and prescribes that Sergeants could not be sued there by Bill but by Writ out of the Chancery and this being by Prescription shows that Sergeants were before the time of Rich. 1. And the Mirror of Justices which I presume they will not deny to be yet more ancient which my Lord Coke holds to be written before the Conquest saith a Countor est un Sergeant Sachant in la Ley de Realm to pronounce and defend Actions in Judgment From the Antiquity of the degree I come
to my observations upon the words of your Writ which I shall take in order as they are 1. Quia de Advisamento Concilii nostri c. These words are in the Writs of Creation of Peers and in the Summons of them both Spiritual and Temporal and of the Judges and Kings Council to the Parliament and in your Writs but in no other except upon some high and weighty occasions touching the publick safety and the like And for your greater Honour this Council by advice of which you are called to this degree is the great Council of the Kingdom The Next words in your Writ are Ordinavimus vos c. in the plural Number in the second person which is an Enalage of Number chiefly to express Excellency in the Person to whom it is referred Selden in his Titles of Honour f. 121. showeth the use of it in the Jewish Nation and in France Spain Germany and other Countries and always is in dignity of the party to whom applyed and the stile of the Chancery is so only to the Peers the Judges the Kings Council and to Sergeants Therefore 29 E. 3. f. 44. In a Quare Impedit the Writ was Precipite and excepted against as false Latin but Thorp said it was not false Latin but the plural Number only to express Reverence to the person the other answered that no such reverence is done to a Sheriff and for this the Writ was abated The next words in your Writ are ad Statum c. which sheweth dignity and honour given to them The Author of the Manuscript formerly cited by me allows the Sergeants but little state where he saith they kept their Pillars at Pauls where their Clients might find them as if they did little better than Emendicare panem This was somewhat far from Westminster-Hall and as far from truth being grounded upon a mistake of one of their Ceremonies of State where they went to Pauls to Offer A Manuscript of the Call of Fitz James and other Sergeants 11 H. 8. saith that their Steward brought every one of them to a several Pillar in Pauls and there left them a time for their private Devotions no Convenient time for Clients In the Register a Writ of Ex gravi Querela mentions a devise to a Priest to say Mass at a Pillar in Pauls and I believe most of us both in this and other great Churches have seen old people kneeling at the Pillars in their private prayers Our old English Poet Chaucer whom I think not unproper to cite being one of the greatest Clerks and Wits of his time had a better Opinion of the state of a Sergeant as he expresseth in his Prologue of the Sergeant A Sergeant at Law wary and wise That oft had bin at the pervise There was also full of rich Excellence Discreet he was and of great Reverence And in his description of the Franklyn he saith of him At Sessions there was he Lord and Sire Full oft had he bin Knight of the Shire A Sheriff had he bin and a Countor Was no where such a worthy Vavasor A Countor was a Sergeant and a Vavasour was the next in degree to a Baron We find in many of our Year-Books especially in E. 3's time that they were joyned with Knights in Assizes Trials of Challenges c. 38 H. 6. f. 31. Prisot saith to the Sergeants they would have no worship by such an Act c. and that word was given to the Lords in those days By the Statute 12 R. 2. c. 10. the same priviledge which is given to the Judges for absence from the Sessions is given also to the Sergeants 34 Hen. 6. Brook Nosme 5. saith that serviens adlegem est nosme de dignity comme Chivalier and it is character indelebilis no accession of honour or Office or remotion from them takes away this dignity but he remains a Sergeant still Their Robes and Officers their bounty in-giving Rings their Feasts which Fortescue saith were coronationis instar and continued antiently seven days and as Holingshed notes Kings and Queens were often present at them and all their Ceremonies and Solemnities in their Creation do sufficiently express the state due unto them The next words in your Writ are Et gradum c. This is a degree of such eminency that the professours of Law in no Nation are honoured with the like with such Solemnities and state as I have before mentioned and by Mandate under the publick Seal of the Common-wealth I find indeed in the preface to the Digest several appellations given to the Students of that Law that they called them Dupondios or Justinianeos and when of further standing Papinianistas When they had proceeded further they called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and lastly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the title and degree of Doctour of the Laws I acknowledge to merit very much of respect and honour as to the degree and persons honoured with it But such state and degree as this of Sergeants at Law is not among the Municipal Lawyers of any other Nation though all kingdoms have their Municipal Laws and Lawyers as well as we Degrees are rewards of study and learning Nec enim Virtutem amplectimur ipsam Praemia si tollas They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a spur to-virtue and witnesses of learning And since Gentle-men you have already obtained that depth in your profession as renders you capable of this degree that resolution of all true lovers of learning is worthy of you 1. To say Senesco discens proceed in your Studies still Your predecessors for their learning have been often advised with by the Judges as appears in our Books and by the Parliament as may be seen in the Rolls thereof 2. By this degree you become Chief Advocates of the Common Law an attribute given by Fortescue who was a Sergeant and Chief Justice and Lord Chancellour It imports no less than all antiquity hath appropriated unto Sergeants at Law the practice of that great and Universal Court where all that concerns Meum tuum the inheritances and property of all the people of England are heard and determined This degree Ordaining you to be Chief Advocates the duty of whom pertains to you to be performed and may not be declined by you I hold it not impertinent to mention something to you of the duties of an Advocate which are some of them to the Courts and some to Clients To the Courts of Justice he owes reverence they being the high Tribunals of Law of which Doctor and Student and the Statute Marlebridge saith omnes tam Majores quam Minores justitiam recipiant and therefore great respect and reverence is due to them from all persons and more from Advocates than from any others 2. An Advocate owes to the Court a just and true information the zeal of his Clients cause as it must not transport him to irreverence so it must not mislead him to untruths in his information of the
heard of Himself being again followed by the Parliaments Generals lost all his Ships but two which his Pursuers looking upon as inconsiderable and not worthy their time and pains to hunt after returned and left him Sea room to come with them into France The Parliament fearing least now the Scots King should joyn Interest with the Scots which was now generally talked of they had good Intelligence of all proceedings in that Business and provided for a Storm from thence They endeavoured to prevent all trouble which might happen in England by quartering their Army up and down in the several Counties to be ready to attend all Motions and to defend themselves from an Invasion of the Scots they ordered some Force to lie constantly upon their Borders Cromwel proceeded prosperously in his Affairs in Ireland took in many considerable Places and Countries there and gave a constant account of all his proceedings to the Parliament and Councel of State and in all his Letters gives Glory to God to whom 't is only due The Parliament and the Councel of State by their Order was busy in making Provisions and Supplies of Men and Mony for the Service of Ireland which caused their business to proceed the more happily and willinglyon the Souldiers part who without Money are without Discipline and commonly without good Success In the Parliament were many Debates about Reformation of things according to the late Petitions and amongst the rest of particulars there was a great Peek against the Lawyers Insomuch as it was again said as it had been formerly That it was not fit for Lawyer 's who were Members of Parliament if any Lawyers ought to be of the Parliament to plead or practise as Lawyers during the time that they sate as Members of the Parliament which gave Occasion to one of the Members of that Profession to speak as followeth Mr. Speaker I was unwilling again to have troubled you upon this Argument had I not been again called up by the mistakes of the worthy Gentleman that spake last to give you a true account of those Matters and to vindicate the Honour of that Profession whereof I am an unworthy Member The Gentleman was pleased to intimate That Lawyers were heretofore excluded from being Members of Parliament but I suppose he had not much studyed the Records of that Matter and therefore related the Discourses of others by hearsay only But for his Conviction and for the satisfaction of others I shall acquaint you with the clear passages of what he aimed at as I suppose and as I find them upon Record which are much more authentick than some perhaps Table talk or Discourses at Random The Statute 23. E. 3. called the Members of Parliament the learned Men whereof many were learned in the Laws and therefore supposed to have had that Title But shortly after this the great Men degenerating in the Old Age of the same King into several Fastions And being much offended with those who were learned in the Laws because they hindred their Oppressions by pleading the Right of Law on the behalf of their Clients 46. E. 3. petitioned That Nul home de ley pursuont busoignes en le Courtle Roy ne Viscount pour le temps que il est Viscount soient retournez ne accepteze Chivaliers des Countees That no man of Law following Business in the Kings Courts nor Sheriff be returned or accepted Knights of Shires To this the King Answers Voet le Roy que Chivaliers et Serjeants des Meaux Vaues du paijs soint retournees desore Chivalters en Parlements ep qu'ls soint esteus in pleni Counte The King willeth that Knights and Serjeants that is Esquires of the best rank in the County be from henceforth returned to be Knights in Parliament and that they be chosen in full County After this Ordinance and pursuant to it a Clause was inserted into the Writ for choosing Members for the House of Commons 5. H. 4. to this effect Nolumus autem quod tu seu aliquis alius Vicecomes Regni nostri sive aliquis alius homo ad Legem aliqualiter sit electus We will not that you or any other Sheriff of our Kingdom or any other Man of Law by any meanes be chosen According to this Ordinance and Clause of Nolumus the Sheriffs have been since excluded from sitting in Parliament as Members during the time of their Shrivalty the Debate of which point was had and full of Learning in a former Parliament in the Case of a very learned and worthy Person Sir Edward Cook whom most of us knew He being made Sheriff of Bucks upon displeasure against him was chosen Knight of the Shire for Bucks and sate in Parliament and I had the Honour then to be a young Parliament Man in the second Year of the late King The Objections against him were the constant usage not to permit Sheriffs to sit as Parliament Men their Oath to reside in their Counties the custody whereof was committed to them and that their Office was but Annual and so the disability was but for that time only But for a man to be disabled from being a Parliament Man in regard of his being a Lawyer is to disable him during his Life or his continuance in his Profession by which he gaines his livelyhood and they are not publick Officers oblieged to another attendance on the publick Affairs as the Sheriffs are Yet 't is true that in this Parliament which was held 6 H. 4. All Lawyers were excluded and none of them returned to serve in this Parliament and perhaps from some general Discourse hereof by others the worthy Gentleman is pleased with confidence to vent his Doctrine and Motion But in case he did read and understand the Records of this Ordinance and of the Clause of Nolumus yet I suppose he never looked into the ground of this Business nor into that which followed thereupon wherein I shall hope to satisfy him and so as to alter his Opinion King Henry the fourth being in great want of Money Summon'd that Parliament and caused to be inserted in the Writ this Clause of Nolumus to exclude the Lawyers because he doubted that they would oppose the excessive Demands which he was to make to the Parliament Thomas Walsingham sayeth That all the Lawyers being excluded the Demands of the King were by this meanes obtained and by this Parliament was granted an unusual Tax and to the People Tricabilis et valde gravis A Tax full of Trouble and very grievous whereof the Historian sayeth he would have set down the manner hâ—d not the Grantors and Authors of the same desired to be concealed for ever to Posterity by causing the Papers and Records thereof to be burned Mr. Speaker This is the precedent intimated by the worthy Gentleman and this was the Occasion and Issue of that Precedent the like whereof I presume is not wished by him Walsingham Styles
good deliberation and advice and his Highness was persuaded that it would much conduce to Publick good to have it duely executed which this Order did require which he delivered to Whitelocke and said his Highness did not doubt of their ready compliance therein Whitelocke spake as antient and told the Committee That they had not the honour to be advised with upon the making of this Ordinance and that they were under an Oath and as far as they could they should readily comply with the pleasure of his Highness and the Councel and desired some time to peruse and consider the Ordinance Some debate in general there was about it and the Master of Rolls spake most resolutely against it The Committee would not enter into a Debate about it but gravely admonished the Lords Commissioners to be careful not to oppose his Highness intentions for the common good and so they dismissed them After this the Commissioners of the Seal and the Master of the Rolls had several meetings and consultations about the execution of this new Ordinance The Commissioner L'Isle was wholly for the execution of it Sir Thomas Widdrington the Master of the Rolls and Whitelocke were not satisfied for the execution of it and declared their reasons against it and observations of inconveniencies in it which are as followeth The Commissioners and Master of the Rolles are by this Act of Regulation made instrumental to deprive several persons of their Freehold without Offence or Legal Tryal which reflecting upon the Great Charter and so many Acts of Parliament they humbly desire they may have the opinion of all the Judges of England in point of Law therein The fourth Rule of the Ordinance is that the first process in Chancery be a Subpaena which shall be open and that as many Defendants as the Plaintiff doth desire be inserted into the same paying no more but one shilling six pence for every Subpaena thus to be distributed six pence for the Seal and twelve pence to the Office Vpon serving the Subpaena open the abuse now too frequently used will be much increased by Forgery of Names Persâ—ns and Dates 5 That no Subpaena be sued out until a Bill be Filed and a Certificate thereof be brought unto the Subpaena Office under the Hand of the Chief Clerk or his Deputy for which Certificate the chief Clerk shall receive no fee. The Exhibiting a Bâ—ll before a Subpaena will draw an unnecessary expence and trouble in many Suits which would end upon the bare service of the Subpaena as is found by dayly experience and is mischievious to the people in many particulars ready to be expressed and only profitable to Lawyers and Attornies 6. That in default of appearance upon Oath made of due service or in default of answer within due time security being put in as is provided an Attachment with Proclamation shall Issue to the Sheriff who shall cause the same to be Proclaimed at the door of the Defendants dwelling House Lodging or last abode between Ten and Two by the Sheriffs Bayliffs or special Bayliffs and the Bayliffs shall have power for the apprehension of the party if need shall be to break open any House or Door where the party is in the day time provided that if the Warrant be to special Bayliffs they shall not break up any House or Door but in presence of a Constable who upon the shewing of such Warrant is required to be assisting unto the Bayliffs and if the Defendant cannot be apprehended nor shall appear by the return of the Writ the Plaintiff may return the Attachment as often as there shall be cause which Attachment shall be in Lieu of a Commission of Rebellion and Serjeant at Arms. This seems to advance the Jurisdiction of the Chancery upon a mean Process beyond an exemption at Law to break open not only the parties but any other persons House without notice or request made to be admitted which may be used to the Robbing of Houses and taking away Evidences and other great abuses it being far different from the awarding the Sergeant at Arms who is a known and Responsible Officer and Acts only by special Order in open Court upon satisfaction of the heighth of the contempt and his Warrant is under the Hands and Seals of the Commissioners and he is also answerable to them for his miscarryage if any be and the other Process is issued by Clerks of course which reflects upon the Liberty and safety of the people of this Nation wherein every Ordinary Clerk hath power to do more then all the Judges of England and how safe it is for Judges to award such process is left to consideration 7. The Defendant shall not be compelled to answer until the Plaintiff with one Surety at least hath acknowledged a Recognizance before a Master of the Chancery in Ordinary or Extraordinary the sum not to be under twenty Marks conditioned to pay such Costs to the Defendant in that Suit as the Court of Chancery shall award if they see cause to award any for which Recognizance he shall be paid twelve pence only and no more and such Master of the Chancery shall for as much Certifie every such Recognizance into the Office of the Petty-bag in Chancery to be there Filed and the Officer there shall give a Certificate thereof to the Plaintiff or his Attorney upon request and for the Filing such Recognizances making Certificate and keeping an Alphabet thereof he shall receive twelve pence and no more but where the Plaintiff shall be admitted in Forma Pauperis there no Security is to be required By this the Defendant is not bound to answer without the Plaintiff gives Security by Recognizance which will be an incumbrance upon his Land so long as that Suit endures which will hinder Commerce and disable Infants and persons Non Compos Mentis to Sue and is of great delay and five times the former expence before the Suit can have an answer and the discharging and Suing Recognizances will increase motions Suits and Expences and if the Suits never proceed it will be difficult to have it dicharged and cannot be but by Orders albeit the parties consent and the Rule it self is uncertain not expressing to whom the Recognizance shall be given and doth no more than what may be done upon an Order for Costs without so much expence which is only of advantage to Lawyers Officers and Clerks 8. That where a Defendant might answer by Commission in the Country he shall not now be forced to take a Commission but may answer upon Oath before a Master of the Chancery in the Country in like manner and by such time as if a Commission had issued and that the Lords Commissioners for the Great Seal do take care for that purpose there be in every County a convenient number of such of the Justices of the Peace resident in that County as they shall judg to be of the greatest Ability and Integrity appointed to
237 255 279. Savile Sir John 13. Savile Sir Will. 75. Savile Lord 108 119 132 134 138 148 149 151 152 153 155 156 169 228 260 261. Savile Cap. 100. Savile 643. Savoy Duke 617. Sawer 144. Say and Seal Lord 31 35 39 44 60 61 63 64 83 137 152 154 188 190 191 207 232 237 265 272 329 657. Say 682. Say 474. Sayer 503. Scaph Lord 439 443 504 509 530. Scilliard 643. Scobel 374 387 591 687. Scot 186 280 285 376 425 471 474 499 642 671 681 682 685 686 687 688 689 690 692. Scots 22 25. Their Parliament 29 30. Declar'd Rebells 33. Their Petition 34. Demands 34 35 38. Interpose 56. Enter England 64 75. Commissioners 77. Remonstrance 149 160 170 190 200 207 208 210 211 213 218 220 224 226 227 232 234 236 239 240 274 277 278 285 286 296 299 300 304 325 331 365 371 378 380 381 392 397 402 412 413 423 428 443 446 453 456 461 470 475 477 497. Scowen 254. Scroop Lord 186 187. Scroop 261 297 314 315 319 321 384 386 387 413. Scudamore 159 308. Scurlock 498 505 519 524. Seaman 336 554. Seamour 92 120 165 194. Seamoor Lord 191 215 275. Seafort 576 597. Seaforth Earl 461. Sea Fight 487 508 509 511 513 517 520 526 528 532 543 544 547 566. Great Seal 67 74 75 170 187 219 223 227 229 230 238 139 244 267 294 295 296 299 300 362 364 372 374 382 433 462 530 568 643 676 679 687 690 691 694. Sedgewicks 598. Sedley 249. Selby 235. Selden 3 6 8 10 12 13 14 18 22 37 56 66 68 73 137 163 199 238 250 259 359 401 590 597. Self-denying Ordinance 113 114 117 118 133 140 255 322. Sergeants at Law 337 347 350 352. Sergeant 654. Settlement of the Nation 645 646 660. Service Book 25. Sexby 249 327. Seys 692. Shambrook 314. Shapcott 597. Shatterdon 643. Shawcrosse 676. Sheffield 66 94 132 136 143 157 160 242 252. Shelden 120 126 242 259 283 287. Shelton 32. Shepherd 249 677. Sherland 6. Sherley 121. Sherlock 434. Sherrington 130. Sherwyn 669. Sherwood 654. Shilbourn 436. Ship-money 7 22 23 37 39 45 56. Shipwith 654. Shrewsbury Earl 222. Shuttleworth 88 96. Sibbalds 379. Sibthorp 8 12. Sicklemore 643. Sikes 535. Silvercroon 512 514. Sims 432. Simson 572 587. Simkins 206. Sindercomb 644 645. Sinclere Lord 691. Skeimister 315. Skinner 352. Skippon 54 62 73 75 97 98 102 104 120 132 133 134 135 138 139 145 146 147 154 158 166 187 188 191 203 234 235 238 240 241 243 246 247 248 249 250 251 252 253 254 255 256 302 304 305 306 307 312 315 318 320 323 324 325 376 386 387 391 394 404 425 444 459 474 657 667 675. Slain Lord 530. Slamning 61 67. Slaughter 125. Sleford Earl 194. Sleigh 322. Slingsby 414 422 431 448 666. Smith 227 239 359 617. Smith 85 100 120 121 123 131 205 312 386 409 425 430. Smith 525 579 672. Smithby 360. Smithson 135 328 693. Soames 390. Sommerset 184. Soveraign Power 10. Southby 643. Southerton 643. Southampton Earl 59 65 110 111 113 114 115 120 124 127 189 191 208 215 275. Spain 2. Spanish Fleet 30. Sparling 558 681. Sparrow 512. Speaker 50 384 391 406 644 677 681. Speech 36 37 38. About the Militia 53 57. Peace 80. Jure divino 94 114 149 344 347 372 392 415 441 450 460 568 582 592 666 696. Spencer 69 191. Spiering 509 512. Spilman 676. Spirits 140. Spotswood 22 441 442. Squire 121. Staffe 519. Stamford Earl 58 61 64 83 157 170 235 237 290 643 669. Stamp 207. Standard at Nottingham 59. Marleborough 82. Stanhop 643. Stanley 141 253 419 530. Stapely 425. Stapleley 376. Stapleton Sir Philip 54 58 61 70 71 83 84 93 111 139 149 151 188 239 252 256 259 268 269 287. Stapleton 290. Starre 205. Star-chamber 12 13 14 24 25. Stedman 394 654. Steel 291 300 361 362 375 378 397 405 512 581 674 679. Steel 658. Stephens 134 506. Stephenson 132. Stepkin 315 324. Stern 118 120. Stevens 405. Steward 123 126 137 189 205 222 248 286 308 361 362. Steyner 549 579 643 681. Stidolph 394. Stirke 356. Stiles 306. Stoaks 536 554 681. Stockdale 193. Stone 126 142 146 195 324. Stoner 537. Story 681. Stourton Lady 209. Stowell 337 380 408 448 556 557 597. Stradling 160 187 304 316. Strafford Earl 30 31 32 33 35 36 37 38 39 40 41 42 43. Strange Lord 59. Straughan 438 439 440 451 452 461 462 463 470 484. Strettam 138. Strickland 59 76 90 158 189 243 268 318 357 388 409 423 442 447 473 474 476 484 531 620 621 622 625 628 629 630 633 634 635 638 639 657 667 679 682 687 688. Strickland Sir Will. 657. Strode 13 37 50 141 165 238. Strong 192 291. Strowd 99. Stuart Sir Robert 398 410. Stuart Sir James 483 510 519. Stubber 423. Style 1 78 291 361 362 363 366 367 368 374 375 389. Style 643. Subscriptions 31. Subsidies 1 3 9 32. Sufferers 3 o Car. 238. Suffolk Earl 220 271. Sunderland Earl 69. Supple 529. Sutherland 440 582. Swain 582. Swanley 81 82 83 85 100 118 119 129 230. Sweden 14 17 22 23 117 134 274. Swinhoe 169. Sydney 237 246 249 473 478 671 673 692. Sydenham 71 90 91 111 129 208 394 482 588 619 644 655 667 668 671 673 678 679 687. Syler 488. Symbal 271. Symmonds 411. Syppins 101 133. T. TAffy Lord 47 283 290 291 504 557. Talbot 77 180 184. Talbot Lord 222 494. Tanner 654. Tate 113. Taylour 125 166 307 399 448 527 654 682. Tempest 312 313 643. Temple Lady 149 152 154. Temple 84 102 124 138 160 166. Temple 204 238 240 249 272 312 338 352. Temple Sir Peter 389. Tender Consciences 404 405 591 592. Test 377 383. Tewleday 244. Thanet Earl 78 102 306. Thelwel 394. Thimbleby 85. Thomas 45 113 130 657. Mac Thomas 440. Thomlinson 408 512 560 687. Thomond Earl 184 206 404. Thomson 239 325. Thornhaugh 162 184 275 327 399 405. Thorney 116 190 379. Thornton 295 308. Thorp 337 363 390 394 405 643 687. Throgmorton 157. Throgmorton 386 524 525 643. Thurloe 122 480 549 584 620 623 646 647 665 666 667 670 690. Thurlane 643. Thyn 206. Tichburn Sir Henry 47 124 291. Tichburn 248 267 286 459 460 503 509 523 581 622 643 652 679 680. Tidsley 207 238 332 495 502. Tienman 458. Tillier 140 144. Tilsbury 85. Tilshead 196. Tilsley 100. Tindal 137. Title of King 646. Protectour 648 677. Tithes 535 543 546 682. Titus 253 335 498. Toll 225. Tomes 298. Tomkins 192. Tomkins and Chaloner 66. Tomlins 169 191. Tomlinson 133 266 358 369 658. Tomson 386 387 388 474 671 679 681 685 690. Tonnage and Poundage 7 11 12 45 55 Tot Lord 584 586 593. Tottel 486. Tothil 384. Townly 434. Townsend 671 687. Treasons 385 563. Treaty at Rippon 35. At Oxford 63 64 65 92 110. Vxbridge 117