Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. one who is in Doctrinam mores sacros gregis Inspector and when Bishops grew numerous it was thought fit to place one to look after them and he had the addition of Archos i. e. principalis and so call'd Archi-Episcopus or Arch-Bishop having a certain number of Bishops and their Diocesses reduced to his Province or Care so that the Arch-Bishop of Canterbury with his own Diocess hath twenty two Diocesses or Bishopricks of the twenty six within his Province and the Arch-Bishop of York hath with his own four which makes in all twenty six besides the Bishop of Man who hath no Writ of Summons Anciently these arch-Arch-Bishops and Bishops with Abbots Priors Deans Arch-Deacons and Proctors making the two Convocation-houses were summoned to appear two days before the Temporal Lords but since Henry the Eighth's time when Abbots and Priors were excluded the Bishops are summon'd to meet the same day that the Parliament begins but as Convocation-houses they are not summon'd to meet at Parliament till two or three days after the Lords Spiritual and Temporal are met and sitting in Parliament and those two Convocation-houses are seldom Adjourn'd Prorogu'd or Dissolv'd in three or four days and sometimes longer after the two Houses of Lords and Commons are Adjourn'd Prorogu'd or Dissolv'd These Arch-Bishops and Bishops considering them upon a Baronial account distinct from the Convocations are entred in all Clause Rolls and Pawns next the Blood Royal except when there was a casual interposition as this last of Vice-gerent and their places distinctly set down as in this Act viz. the Arch-Bishop of Canterbury then the Arch-Bishop of York and the other according to Seniority or Antientry as the word of the Act is till the Bishops of London Durham and Winchester were as by this Act fix'd in their Precedencies to the other twenty one and yet there is another method of Precedencies us'd in the Lords House and in all Solemnities by way of counterchanging of Precedencies between the Lords Spiritual and Temporal as will be shewn These twenty six injoy their Offices of Bishops upon a Spiritual and Ecclesiastical account and therefore are call'd Lords Spiritual their Ecclesiastical serving in ordine ad piritualia These for many Ages did manage the Offices of Chancellor and Keeper of the Great Seal also of Treasurer President Privy-Seal and Secretary of which I shall speak more but since Henry the Eighth's time these five Offices have been distinctly manag'd by Laicks of the chiefest quality and merit and the Bishops in a manner circumscrib'd to the Jurisdiction of their respective Diocesses which are of a kind of mixt nature consisting of Spiritualities and Temporalities In the Lords House they have almost equal Prividledges with the Lords Temporal except in matters of Blood when in respect of their Canons they commonly withdraw themselves appointing Proxies and entring Protestation but these Priviledges are not Hereditary like the Temporal Lords but meerly Successive and their Writs are somewhat of a different Nature from those to the Lords Temporal in point of extent concerning the Convocation-houses which do make a kind of a Parliament annext to a Parliament of which I shall speak more at large But how the Bishops were Summon'd may be read in the seventh Chapter SECT VI. Of the Lord Chancellor or Lord Keeper Obs THis great Officer being not only recited in this Act but having a peculiar Writ of Assistance in this and other Pawns which the next Ten Officers following have not in respect of their Offices I shall discourse more fully of him so soon as I have given a short view of the Ten remaining to be spoken of Edward Hyde Baron Hyde and Lord Chancellor was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VII Of the Lord Treasurer of England Obs THis Officer being joyn'd also in this Pawn to the Earl of Southampton then Lord Treasurer and in former Pawns to other Degrees and being intended to be discours'd of in the fourth Exemplar and in the fifth Section of the Barons of the Exchequer I shall defer its inlargement to those Chapters Thomas Earl of Southampton Lord Treasurer of England was Summon'd by Writ Feb. 18. 1661. See Chap. II. SECT VIII Of the Lord President of the King's Council Obs I THis Officer from the time of King John was call'd Principalis and Capitalis Consiliarius and so continu'd till Queen Elizabeth's time and after not us'd till once in King Charles the firsts time and ever since to the end of this Parliament the Lord Chancellor or Lord Keeper hath supply'd the duty of that Place though not the Title the difference of granting them was that one was always by Patent and the other only by delivery of the Great Seal 2. There are also other Lord Presidents which sit in the Lords House viz. the President of Wales and President of the North but being not mention'd in this Act and the latter not sitting in this Parliament I refer them to my Annotations as also other Presidents of lower Degrees as of Colleges c. SECT IX Of the Lord Privy-Seal Obs IN Edward the Third's time and long after this Office was call'd Keeper of the Privy or Private Seal distinguishing him from the other call'd the Keeper of the Great Seal afterward he was call'd Clerk of the Privy-Seal Clerk being then a Title of Eminency and Gardien del Privy-Seal and in 34 H. 8. Lord Privy-Seal 2. He hath his Office by Patent but the Keeper of the Great Seal as I said only by delivery of that Seal and 't is very probable that this Office was in imitation of that which was us'd by the Romans the Officer whereof was call'd Comes privatorum and as Cassiodore calls him the Governour of the King 's private Affairs 3. Whilst the Court of Requests was in use he was also call'd the Master of it being Master or Superiour to the Four Masters of Requests who were to receive peruse and present all Petitions to the King or to the Parliament in time of Parliament and direct the Petitioners in the right way of proceeding in their business and for want of this direction many men are ruin'd by crafty and unskilful directors and the Parliament troubled with needless applications for I conceive this Court was plac'd as will be shewn between the House of Lords and House of Commons for the Masters to sit there in time of Parliament as Tryers of Petitions to either House and were to judge whether the matter was proper for either House or any other Court which doubtless did take off a great expence of time from both Houses and from intangling them in matters which were properly relievable in other places 4. There are three forts of Seals which are chiefly us'd for publick Affairs two of them pass under the names of Privy or Private the other the Great or Broad-Seal yet for a clearer distinction one of the two is call'd the Privy
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
Abbots c. in their time were Pares inter seipsos and both of those Degrees were also Pares upon a Baronial account so the Dukes and Marquesses being Earls or Barons before they were created Dukes or Marquesses in respect of their Earldoms or Baronies were Peers to the Earls and Barons and the Viscounts also most of them being Barons before they were created Viscounts in respect of their Baronies were Peers also to the Barons so also upon a Baronial account they were Pares pari gradu Baroniali Till Patents of Creation did more exactly distinguish them without relation to Baronies so as now to speak properly each Degree are Pares or Prees to their distinct Degrees 9. I must here again make use of my former observation viz. That in the Writs to Dukes they were Summon'd to be present in Parliament Cum Magnatibus Proceribus and so are the Marquesses Earls Viscounts and Barons yet the Pattents to the Dukes do place them inter Proceres Magnates putting Proceres or Peers before Magnates or Lords and in the Pattents to Marquesses they are placed inter alios Marchiones and the Earls inter alios Comites and the Viscounts inter alios Vicecomites and the Barons inter alios Barones But none of the Lords Patentees except the Dukes in relation to their places do take any notice of the position of the words inter Proceres Magnates for the Earls and Barons Patents have reference only to their own Degrees and not to the three other Degrees so as Proceres or Peers is applied only to the Dukes in their Patents of Creation 10. This is all that I can satisfie my self in concerning the use of the words Lords and Peers Praelati Magnates Proceres and that this may be the more satisfactory to others I shall recite the words of the learned Selden in his Titles of Honour whose lasting Credit is beyond exception saith he Though there be a distinction of Degrees in our Nobility yet in all publick actions they are Peers or Equals as in the Tryals of Noblemen c. in which the Spiritual Lords never did or do concern themselves Personally because it is against their Canons to act in any matters which relate to Blood yet whatever Acts pass these words are inserted viz. We the Lords Spiritual and Temporal c. with the Kings Assent c. for though the Lords Spiritual consist of Archbishops and Bishops and the Lords Temporal of Princes of the Blood Dukes Marquesses Earls Viscounts and Barons yet they are all included as Peers in the words Lords Spiritual and Temporal and so in many cases the word Peers is also generally applied so that as the words Lords and Peers have been of latter times intermixedly used we cannot well make a difference between them otherwise than is before exprest 11. That the words Lords and Peers have been used promiscuously in relation to the five Degrees of the Lords Temporal is evident from the Commissions issued for the Trials of the Earl of Strafford 1640. the Lord Morley Anno 1665. the Lord Cornwallis Anno 1676. the Earl of Pembroke Anno 1678. wherein the words are Damus autem Vniversis singulis Ducibus Marchionibus Comitibus Vicecomitibus Baronibus c. without mentioning Praelatis for reasons before mentioned and though the Earl of Strafford and Earl of Pembroke were Earls yet by the Commission they were triable per Barones Viceomites Comites Marchiones Duces and not by Earls only and so though the Lord Morley and Lord Cornwallis were only Barons yet they were triable by Dukes Marquesses Earls and Viscounts and not by Barons only whereby the word Peers seems to be a word of eminency giving no real distinction to those five Degrees of Nobility so as all the Degrees of the Temporal Lords are Peers and the Peers Lords to confirm this I shall cite one passage more from Mr. Selden who saith That though we borrowed the word Peers from the twelve Peers in France yet here we apply it to all the Lords in Parliament and not to any set number of them because saith he the number of our Nobles may be more or less as the King pleaseth and as Marquesses and Viscounts were as I said interpos'd to Dukes Earls and Barons so he may abstract less or add more as he thinks most fit for the support of Nobility for he is Dominus Nobilitatis Honoris or the Fountain of Honour and that this Prerogative may be more fully seen herein in the 21. of Jacobi it being needless to quote former precedents five several Writs were issued after the Pawn was setled yet entred in the Margent of the Pawn for that year to five several persons viz. to the Lord Grandison Sir Robert Chichester Sir John Sucklin Knight Comptroler of the Kings House to Sir Thomas Edmunds Knight Treasurer of the Kings Houshold and to Sir Richard Weston Knight Chancellor of the Exchequer to summon and impower them to sit in the Lords House who otherwise had no right of Tenure Prescription or Creation So in the first of Caroli primi six several Writs were issued and also entred in the Margent of the Pawn for that year viz. to Oliver Lord St. John and again to Sir Thomas Edmunds Sir John Sucklin Sir Richard Weston and to Sir Robert Nanton Knight one of the Kings Privy-Council and to Sir Humphry May Chancellor of the Dutchy of Lancaster and so in 15 Car. primi two Writs were issued and also entred in the Margent of the Pawn for that year viz. to Charles Viscount Wilmot of the Kings Privy-Council and to Edward Newburgh Knight then Chancellor of the Dutchy of Lancaster and also of the Kings Privy-Council 12. To sum up all I apprehend That those Lords Spiritual which are summon'd by Writ to sit in Parliament are Vital Peers and the Lords Temporal so summon'd are hereditary Peers for there are other English Lords which may be but are not summon'd and thereby are no Parliament Peers yet are Lords and upon an hereditary account also for the King as I said can summon or not summon any of them when he thinks fit unless any Lord claims a right by Patent of Creation or otherwise and then upon that right he demands his Writ and it is seldom denied if the grounds of their demands be right if dubious the Case is debated in the Lords House as in the Case of the Lord Abergaveny c. Some are of opinion That the Lords Temporal are only to be accounted Peers and not the Lords Spiritual first Because they sit there rather by their Writs of Summons than Tenures as anciently they did secondly Their Titles of Lord is but vital at most thirdly In case of Treason or Felony committed by a Spiritual Lord or Lord Temporal the manner of trying them upon Indictment and Judgment upon Conviction are clearly different as will be shewn in the Chapter of Trial by Peers 13. Notwithstanding these
the effects upon our Souls but in its civil latitude and dimensions as having an influence and interest in every individual Man Woman and Child and in most of the Products of the Earth from their first Being to their Dissolution and this in all the fifty two Counties of England and Wales but for the distinction of the Civil and Ecclesiastical Jurisdiction these are comprised into a lesser number viz. of twenty six and are call'd Diocesses as being given to them from God by the hands of the King to whom they acknowledge a subordination The second Estate and so mention'd in our Laws is the Lords Temporal or rather Militial having the Lieutenancies of all the Counties of England and Wales comitted to their Trust Care and Charge and to these belong the managing of Embassies Treaties of War or Peace and all honorary Actions both Foreign and Domestick as the King who is the Fountain of Honour does usually confer upon them The third Estate is the Commons also mentioned in our Laws and this also subordinate to the King and these consist of Gentry Men of fixt and setled Fortunes designed for things of Gallantry and Hospitality and of the Yeomanry comprised under several appellations viz. Husbandmen Artificers and Labourers all driving on a Commutative Commerce as well to supply themselves as others with what the Land or Sea affords either necessary convenient ornamental or superfluous Besides these three there are three very great Interests which are not call'd Estates but Assistances and in truth they are the very Supporters of these three Estates viz. The first Religion the second Law the third Trade 1. Religion is to be managed by the Clergy of several Degrees as will be shewn some neither Freeholders nor Freemen by their winning of men with a persuasive or exemplary Power into all Pious and Virtuous Actions whereby the Souls and Minds of Men may be united to Love and Obedience and this is the cement of Vnity to the three Estates 2. The Laws are manag'd by Lawyers of several degrees some neither Freeholders nor Freemen by instructing Magistrates in their compulsory Power when occasion requires so as both the Laws of God and Man may be duely observed and that such whom the Clergy cannot invite to Piety and Virtue by Precept and Example may be compelled to it by the Rigour of the Laws and this is the cement of Severity to the three Estates 3. Trade is manag'd chiefly by Merchants some also neither Freeholders nor Freemen these give life to Industry whereby the Rich do help the Poor and the Poor the Rich and thus Trade Commerce and Industry are as necessary Cements to the Three Estates as either Religion or Law respecting only what morally concerns Justice and Obedience and this is the Cement of Prosperity to the whole Fabrick So we see that as there are Three Essential Estates so there are also Three Essential Assistances or Supportations of those Estates and without which those Estates cannot well subsist Now out of these Three Estates in general the King doth abstract a Parliament For when He gives notice of his intentions to have one he orders Writs to Archbishops and Bishops who are chiefly to manage the concerns of the Clergy At the same time He also orders Writs to such of the Nobility as He or His Predecessors have either by Patent created to that employment or otherwise invested with some right thereunto who are chiefly to manage the concerns of the Nobility and Kingdom At the same time He also orders Writs for Electing such a number of Commons out of Counties Shires Cities and Burroughs as may manage the concerns of the Commonalty and yet these three Estates thus distinctly Summoned are so admirably intermixt in this Supream Council or Parliament that these three Estates in that Council seem to have an interchangable power and check on each other in the more Safe and Wise carrying on the Affairs of the whole Kingdom considered either at Home or Abroad And as the Government of the Kingdom hath three sorts of Assistances as is before shewn so those three sorts of Assistances are disposed into three sorts of Assistants For the Bishops have a certain number of Deans Archdeacons and Proctors cull'd out of Prebends Parsons Vicars and the Clergy in general as may be Assistants to the Episcopal Interest The Nobility have a certain number of Lawyers viz. Justices of the Respective Benches and Courts of Judicature in Westminster-Hall as will be shewn cull'd out of the Profession of Lawyers to be Assistants to them The Commons have the bulk of every County contracted into Two Knights or one for each County and of Two Merchants for each City and of Two lesser Traders for each Burrough and yet the Electors of them are not so confined to the Persons Eligible but that such as they hold fit to manage such Imployment are capable to be Elected though they be not Knights Merchants or Traders yet they are confined to a set number as I said and of qualifi'd Persons as well to preserve the Honor of it as to prevent a surcharge of too great a concourse to this Assembling of a Parliament By this easie demonstration it is evident that the Lords Spiritual consisting of Archbishops and Bishops Successive but not Hereditary do Sit in the Lords House and there Represent the whole Clergy of this Kingdom The Lords Temporal consisting of Dukes Marquesses Earls Viscounts and Barons which Five Degrees by a Nobilitated Interest Hereditary and Successive do Sit there also Representing all the Nobility of those Degrees in the Kingdom The Commons consisting of Knights Citizens and Burgesses by an Elective Interest neither Hereditary nor Successive do Sit in the House of Commons Representing all the Commonalty of this Kingdom Over which Three Estates the King for the time being ever was and still is esteemed by an Hereditary and Successive Right the Supream and in the Eye of the Law the Immortal Balance of these Three Essential yet Subordinate Parts Interests or Estates of this Kingdom I say Immortal because our Laws do say that Rex nunquam moritur and thereby gives him a clear distinction from the Three Estates Now to undeceive some that would have the Three Estates to consist of King Lords and Commons because our Government seems to be framed of Monarchy Aristocracy and Democracy To clear their Judgments the Monarchy stands single but the Aristocracy is double viz. An Aristocracy of the Lords Spiritual and an Aristocracy of the Lords Temporal to which add the Democracy of the Commons and all is reconciled into Two Aristocratical Estates and one Democratical and the Monarchical as Superintendent to those Three and so this Vnity with the Triplicity is the due constitution of our English Parliament and indeed of the Kingdom it self THE CONSTITUTION OF PARLIAMENTS CHAP. I. The King's Warrant to the Lord Chancellor for Summoning the Parliament begun the 8th of May 1661. CHARLES the Second by the Grace
of God King of England Scotland France and Ireland Defender of the Faith c. To Our right Trusty and well beloved Counsellor Sir Edward Hide Knight Chancellour of England Greeting Whereas We by our Council for certain great and urgent Causes concerning Vs the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and Continuance of the same have appointed and ordain'd a Parliament to be holden at our City of Westminster the eighth day of May next ensuing In which Case divers and sundry Writs are to be directed forth under our Great Seal of England as well for the Nobility of this our Realm as also for the Election of Knights Citizens and Burgesses of the several Counties Cities and Burrough Towns of the same to be present at the said Parliament at the Day and Place aforesaid Wherefore We Will and Command you forthwith upon receipt hereof and by Warrant of the same to cause such and so many Writs to be made and sealed under our great Seal for accomplishment of the same as in like Cases have been heretofore used and accustomed And this Bill signed with our Hand shall be as well to you as to every Clerk or Clerks as shall make or pass the same a sufficient Warrant in that behalf Given at Our Palace at White-hall this Eighteenth Day of February in the Twelfth Year of Our Reign and in the Year of our Lord One Thousand Six Hundred Sixty and One. Observations and Proceedings on this Warrant THe King of England by his undoubted Prerogative hath and his Predecessors ever had in himself the Power of Summoning as also to appoint the times of beginning continuing discontinuing or dissolving of Parliaments This Summoning for I shall speak of the rest in order or Uniting the chiefest Parts of his Kingdom into a Parliament or Representation of the Kingdom in a less Body than it self is performed by the King's Warrant in his Name and by his Authority only as Supreme not only of his Kingdom but of its Representation and from this Warrant all Writs of Summons for a Parliament are deriv'd The Warrant is in English Sign'd by the King 's own Hand and Seal'd with his Privy Seal or Signet but the Writs are always in Latin or anciently some few in French and are Seal'd with the King 's Great Seal in his Name with a Teste of his Approbation though not manually Sign'd or Seal'd by him The Warrant is General viz. for summoning the Nobility as also for Elections of Knights Citizens and Burgesses but the Writs deriv'd from those Warrants are to particular persons of particular degrees as will be shewn The Form of this Warrant is ancient and hath had little or no variation except in the leaving out of Abbots and Priors ever since the 36 of Henry the 8th and except in leaving out Prelates and Bishops in this very Warrant whereby the Bishops had no particular Writs before the sitting of this Parliament but within three Months after for which Omission Reasons will be given in the 7th Chapter Before this Warrant was issued the King and so former Kings did advise with their Privy Council which is manifested by the Words of the Warrant viz. Whereas We by our Council yet if these words had been omitted at any time and not inserted in the Warrant the Warrant was held good and sufficient for due Summons However for publick satisfaction the words of every Writ are always Quia de advizamento assensu Concilij nostri and this Council is call'd the King's Privy or Private Council of which I shall speak more and is the King 's constant or standing Council as well in time of Parliament as when there is none sitting so as before this Magnum Concilium or Parliament is summon'd this Privy Council consults and deliberates concerning the Motives and Reasons for calling it and after such deliberations and results doth advise the King to send out a Warrant And therefore I conceive it useful to set down the Names of such as were of the King 's Privy Council when the calling of this Parliament was advis'd and resolv'd upon At the Court of White-hall Feb. 1660 1. The KING Present His Royal Highness the Duke of York His Highness Prince Rupert William Lord Arch-Bishop of Canterbury Juxon Edward Earl of Clarendon Lord Chancellor of England Hide Thomas Earl of Southampton Lord Treasurer of England Wriothesley John Lord Roberts Lord Privy-Seal Baron of Truro John Duke of Latherdale Maitland Earl of Guilford James Duke of Ormond Lord Steward of the King's House Butler George Duke of Albemarle Monk Henry Marquess of Dorchester Pierpoint Montague Earl of Lindsey Lord great Camberlain Bertie Edward Earl of Manchester the King's Chamberlain Montague Aldjernoone Earl of Northumberland Piercy Robert Earl of Leicester Sydny Charles Earl of Berkshire Howard Thomas Earl of Cleveland Wentworth George Earl of Norwich Goring Henry Earl of St. Albans Jermin Edward Earl of Sandwich Montague Arthur Earl of Anglesey Annesly Charles Earl of Carlile Howard William Viscount Say and Seal Fiennes Francis Lord Seymour Baron of Troubridge Frederick Lord Cornwallis Baron of Ai. Anthony Lord Ashley Cooper Charles Berkley Knight and Baronet Sir George Carteret Knight Vice-Chamberlain Sir Edw. Nicholas Knights Secretaries of State Sir Will. Morrice Knights Secretaries of State After the Warrant is sign'd and seal'd by the King it is sent from the Signet-Office to the Lord Chancellor or Lord Keeper and Directions are given to the Heralds to make Proclamation at the Court-gate and Capital City of London of the King's Resolutions of which I shall speak more in the Chapter of Proclamations The Lord Chancellor c. upon the receipt of this Warrant doth issue out his Warrant also to the Master of the Rolls as the chief Clerk of the Pettibag-Office in this Form YOu are hereby requir'd forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Temporal As also for the Judges and others to appear at the Parliament to be holden the 8th of May next together with the several Writs of Election of the several Knights Citizens and Burgesses of the several Counties Cities Towns and Burroughs within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as also of the several Barons of the Cinque-Ports to serve in the said Parliament in such Method and Form and directed to such persons as are and have been usual in such Cases all which said Writs are to bear date this present eighteenth of February 1661. and for the so doing this shall be your Warrant Dated c. Upon receipt of the Lord Chancellor's Warrant the Clerks of the Pettibag by the assistance of the former Precedents of Writs and anciently by help of the Masters of Chancery and by advice with the Heralds as to Titles and true Names of Persons do fix a Schedule or digest or Forms of Writs to be issued
hath no place in the Lords House and particularly excepted to be chosen into the House of Commons by the Writs of Elections as will be shewn and the reason is because the Official Viscountship is in the King who gives only an annual Deputation to the Person who executes that Office in such County of which he is made Vicecomes or Deputy to the King and so is not the Noble Viscount who cannot be made Sheriff or return'd of a Jury but hath his constant Writ of Summons to every Parliament as will be shewn 4. Seven Viscounts Summon'd by Writ 18. Feb. 1661. and One Viscount Summon'd by Writ 20th Ap. 1661. And now I come to the Barons the last Degree of the Nobility but anciently the First or Second SECT VI. Of Barons I Shall refer the Etymology of this word Baron to my Annotations because the learned Cambden Selden and others have taken pains about it but for many ages as at present it comprehends all such Prelates and Bishops as are Summon'd by vertue of their Baronies or Tenures to sit in the House of Lords As also all such Dukes Marquesses Earls and Viscounts as did anciently mount to any of those 4 Degrees by the proportion of their Baronies which they obtain'd by gift from the King or other acquisitions so differing from the other 4 in Nominal gradations rather than Essential And though there were Nominal differences antiently in the Tenures of Dukes Marquesses Earls Viscounts and Barons yet they were all subject to a general Contribution to the Kings affairs according to their certain number of Knights Fees for as Baronies made the other 4 Superior Degrees so the increment of Knights Fees whereupon I conceive Sir Thomas Smith made that Degree of Nobiles Minores did capacitate a Baron to be made a Baron and so a certain number of Baronies to be a Viscount and Earl and of Earledoms to be a Duke as may be read in Sir Edward Coke and others more ancient by him cited and Mr. Selden forgiving the Knight saith that Istud verbum Baro est caput scala dignitatum Regalium i. e. Majoris Nobilitatis 2. In former times these proportions were observ'd amongst the Temporal Lords but not with the Spiritual for Mr. Selden tells us of a Bishop pag. 580. Tit. Hon. that had 220 Baronies and did sit in Parliament by vertue of his Baronies yet was neither Duke nor Earl so those were the computations of Honour and Contributions till the method of Creations were us'd and at last by the late Act of Parliament all Tenures in Capite were Dissolved and thereby the Tenurial Contributions but not the Titles of Honour yet for a little variety I may inform some that in former times the Spiritual Barons had some exemptions from Contributions unless there was as the learned Selden calls it Trinoda necessitas viz. of War of Repairs of Castles or Bridges but they were generally exempted from Personal Assistance in War for though as he saith that in the 4th year of William the First that King made the Bishops c. subject to Knights Service in chief by creation of their Tenures and so was the first King that turn'd their possessions by Frankalmoine a French word signifying charitable Gifts for so began their temporalities into Baronies and thereby made them Barons of the Kingdom by Tenure yet when it was pray'd by them in the 5th Hen. the 3d. Vt omnes Clerici tenentes Baronias c. personaliter procederent contra Regis adversarios c. it was answer'd by the Bishops and their Answer allow'd Quod non debent pugnare cum gladio materiali sed Spirituali scilicet cum Lachrymis orationibus humilibus devotis quod propter beneficia sua manutenere debent pacem non bellum Quod Baroniae eorum ab Eleemosynis puris stabiliuntur c. So as he conceives that the Baronies of the Clergy were made of such Lands as formerly were as I said held in Franckalmoine 3. But what ever exemptions the Spiritual Barons had the Temporal Barons were oblig'd by their Baronial Tenures of several natures to all defensive and offenfive duties for the King and Kingdoms preservation according to the proportion of their dependent tenures or territories and so are yet in honour oblig'd to perform and they all had and have equal Votes in Parliament by vertue of their Baronial Interest for as to matters Parliamentary the Title of Baron is more ancient copious and comprehensive than any of the other Titles of Lords in Parliament 4. This word Baron we see is appilicable not only to the two degrees of Lords Spiritual viz. Archbishops and Bishops but to the 5 degrees of Lords Temporal so as the noble Barons and all the Degrees above them do set in the Lords House virtute Baroniae and by Writs of Summons the Superior Titles to the Barons differing rather upon some extrinsick order than any real intrinsick distinction 5. As for those Titles of Barons which are given to Degrees equal or under the noble Barons they are of several sorts 1st Some noble Barrons by Ancienty never Summon'd to a Parliament yet capable of Summons 2ly The Barons of the Exchequer which are 4 in number who are Summon'd by Writ ad consulendum or to be Assistants in the Lords House as will be shewn 3ly Barons of the Cinqueports out of whose number 16 are usually Elected to sit in the House of Commons as will be shewn 4ly Barons of Court-Barons who are also capable of being Elected to sit in the House of Commons 5th Barons in the Law French call'd Baron i. e. and Husband and Feme the Wife but I here only speak of the Nobiles Barones distinct from these Titular Barons though such of them as sit in the Lords House are in some sort thereby Nobilitated of whom I shall speak more when I come to the Assistants and such as sit in the Commons House are thereby Dignified though not Nobilitated of whom I shall speak when I come to the House of Commons 6. Now it may here be observed that some Persons of merit have been Summon'd to sit in the Lords House as Barons which were not Barons or any otherwise capacitated to sit there but by Writs of Summons upon this occasion Sir Edward Coke cites a Case where one Summond by Writ to sit in the Lords House died before he sat there and it was adjudged that if he had sat there he had been Nobilitated thereby but having not sat there whereby that writ was not executed for want of his Personal attendance it was adjudg'd that the direction or delivery of the Writ barely to the Person to whom the Writ was directed without Personal appearance and investiture of Robes and a possession of place was not sufficient to enoble him without a conjunction of those Circumstances and Ceremonies 7. But Barons created by Letters Patents and made to them and their Heirs are thereby Nobilitated and to 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
tells us That about this time the Abbots Bishops c. which were placed here by the Pope were so numerous that it was proposed to him by the Commons that he would please with their Revenues to make 150 Earls 1500 Knights 6200 Esquires and Erect 200 Hospitals for maintaining of maimed Soldiers c. But it seems he had not that Courage which Henry the Eighth did after assume and it was needless for one or two to oppose his Power However H. 4. Henry the Fourth went on and in the Second and Seventh Years of his Reign made Acts against Purchasing of Bulls from the Pope for Exemptions or Benefices Also Henry the Fifth H. 5. Anno 5. cap. 4. made Acts against Provisors from the Pope and all these subject to a Praemunire In Henry the Sixth's time H. 6. the Bishop of Winchester being made Cardinal was admitted of the King's Council with this Protestation That he should absent himself in all Affairs and Councils wherein the Pope or See of Rome were concerned which he assented to and also he Enacted That no Alien should be a Broker That Priories and Aliens Lands should be seiz'd in time of War That no Advowson Presentation Collation or Induction be made to any Alien of any Benefice or Ecclesiastick Dignity That Aliens attending the Queen or King be removed and banished except those allowed by the Council That Aliens should lodge only in Englishmens Houses and to serve in War if able That no Priors be Collectors of Disms He also confirmed the Statutes against Provisions by the See of Rome In Edward the Fourth Ed. 4. R. 3. H. 7. Richard the Third and Henry the Seventh's time there was a Calm to that See none of the Laws repealed but so slenderly used that they made no great impression at Rome and though these and former Kings did strive to make their respective Supremacies in Ecclesiastick Matters within their Dominions and to lessen the Pope's Power and Profit yet none could substantially effect it till Henry the 8th who seeing there was no other remedy and that all Laws against the Roman See were evaded and other Essays fruitless he fell to 't with right down Blows which is the only way to master a good Fencer as will appear in this next Section 8. Henry the Eighth did so contrive his matters H. 8. that he did first ingratiate himself with the Pope by writing in defence of the Church of Rome a Book against Luther which so affected the Pope that he immediately sent him a Bull which is in the same nature of a Patent with us and therein gave him the Title of Defensor Fidei Anno 12. which he accepted and for three years Anno 21 22 23. viz. in the 21 22 and 23 years of his Reign went plausibly on by making several Acts about Wills and Testaments Mortuaries and against Pluralities and Sanctuaries and Deeds to Churches but in the 24th he began to discover his Opinion Anno 24. that though he was for the Doctrine of the Church of Rome against Luther yet he had no mind to suffer his Kingdom to be exhausted for the Support of the Court of Rome whereupon an Act of Parliament was made against all Appeals to Rome Anno 25. and the next year Anno 25. That no First Fruits should be paid as formerly out of this Kingdom to Rome And in another Act That not any Imposition should be laid on his Subjects by colour of any Power from the Pope and then to secure himself and rivet his Subjects to him an Act was made declaring his Title and his Successor's to the Crown That being done an Act of Parliament was made Anno 26. to intitle him Supream Head of the Church of England and in the same year a positive Act Anno 26. That no First Fruits or Tenths should be paid out of any Promotions in England to the Pope of Rome In this time the King makes Archbishops Bishops Anno 27. and Suffragans and in the 27th year chuseth sixteen Spiritual and 16 Temporal Lords to settle the Canons for the Church of England and erect an Office of Augmentation so as having gained the two points of his Supremacy in opposition to the Church and Court of Rome viz. Defensor Fidei Supremum Caput one from the Pope himself the other from the Parliament and setled an Office for his purpose In the same year all Monasteries c. under 200 l. per Annum and all the Ornaments Goods and Jewels belonging to those Houses were setled on him and his Heirs by Acts of Parliament And four years after viz. 31 H. 8. it was Enacted Anno 31. That the King and his Heirs should have all Monasteries Abbies Priories and other Religious Houses dissolved or to be dissolved with their Mannors Lands c. And yet it is observable That in this very Parliament of 31 H. 8. there were twenty Roman Bishops twenty four Abbots and two Priors in all forty six and but forty four Temporal Lords the Act for Precedency in the House of Lords made the same year being not as I conceive altogether for regulating Precedencies but for purging the Abbots c. by that Act of Parliament so as doubtless they lost their Interest more by the King's resolution for expunging them than by Vote of Parliament 9. However the Abbots Priors c. being thus dissolved their Baronies by which they did formerly there sit being disposed of to other persons they had no foundation to sit in the Lords House which caus'd the first great Alteration in the Method of the following Writs for such as were to sit there as will be further shewn And in this great Alteration doubtless there was also a Divine Hand for as Pope Boniface the Third before mentioned did put out all the English Bishops and placed Foreigners his creatures in their rooms and made many more Bishopricks than he found so now by the Lex Talionis Like for Like Henry the Eighth did put out all the Pope's dependents and placed such Bishops in their rooms as would justifie the King's Supremacy here and renounce the Pope's And accordingly Bishop Bonner Cranmer Gardiner and others who wrote against the Pope's Supremacy were made one an Archbishop and the others Bishops And he also did erect six new Bishopricks viz. Chester Gloucester Peterborough Bristol Oxford and Westminster which last after one Bishop 〈◊〉 was turned to a Deanary as now 〈…〉 such of the Nobility and Gentry tha◠〈◊〉 to his Resolutions wanted not Lands and Mannors to gratifie them So that now he had the Lords Spiritual and Temporal and Commons in Parliament and the Kingdom it self on his side and even the Nobility and Gentry of England who formerly were almost entire for the Popes Authority their Judgments were now split in two some for the Court and some for the Church of Rome and so even the King and many of his Council did live
repealing that Act in order to which the remnant of the Parliament of 1640 which still continued in several shapes was by the Kings Consent dissolv'd his Majesty appointing another to begin in April 1660. So the 29th of May 1660. he came successfully from beyond Seas to confirm it and this Parliament lasted till December following in which time as Preparatories to the Bishops Introduction provisions were made for restoring Ministers who had been outed of their Livings and also Commissioners were appointed who did sit accordingly to compose the differences which might arise between the Purchasers of the Bishops Lands and the Bishop wherein they us'd so great Lenity that the Bishops did come into their Temporalities with some satisfaction to both Interests after they had been injoyed by the Purchasers near Twenty Years and in the same Month his Majesty did also set out a Declaration before mention'd concerning Ecclesiastical Affairs and after these Preparatories that Parliament consisting of the King Lords Temporal and Commons being also Dissolv'd as I said in Decemb. His Majesty was pleas'd in February following to Summon another Parliament of the Lords Temporal and Commons to begin the Eighth of May 1661. before which time his Coronation was Solemniz'd viz. the Twenty third of April 1661. yet before the Ceremony was perform'd he thought himself oblig'd to take Care for the Bishops for many Ceremonies essential to his Coronation were to be perform'd by them and thereupon at a full Council in Whitehall the Tenth of April this Order was made ORdered by his Majesty That the Lord Chancellor do forthwith give directions to the Clerk of the Crown to draw up Writs of Summons to pass his Majesties Great Seal directed to the most Reverend Father in God William Lord Archbishop of Canterbury and Accepted Lord Bishop of York for Convocation of the Lords Bishops Deans Archdeacons and the Clergy of their respective Provinces in usual Form Accordingly the Parliament met the said Eighth of May 1661. and did sit till the Thirtieth of July where amongst other Acts one did pass for Repealing the Act of Abolishing Bishops and Restoring them to their Estates Dignities and Places and so the Parliament Adjourned to the Twentieth of November following after which Adjournment upon the Twenty ninth of August following the Writs which were ordered the Tenth of April aforesaid did pass under the Great Seal and were distributed so as the Twentieth of November 1661. they did take their places in the House of Lords and have continued so to do during this Parliament and notwithstanding this long deprivation wherein the King himself the Temporal Lords and the chief of the Commons were Sharers they may be said to be in the House of Lords upon an Interest of Right though the Interest of Form in their Introduction was wanting that Act of Abolition being partly Authentick and partly not for Acts of Parliament are good Absente Clero though not Excluso Clero and so next I shall shew the Exemplar Writ as it is entered in the Crown Office for it was too late to enter it amongst the Deposits or Pawns in the Pettibag SECT XX. The Form of the Writ to the Archbishop of Canterbury the 29th of Aug. 1661. REx Reverendissimo in Christo Patri praedilecto fideli Conciliario nostro Gulielmo eadem gratia Archiepiscopo Cantuariensi totius Angliae Primat ' Metropolitano Salutem Quia de Advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii praeterito teneri ordinavimus ibidem nobiscum cum caeteris Praelat ' Magnatibus proceribus dicti Regni nostri Colloquium habere tractare Vobis in fide dilectione quibus nobis tenemini rogando Mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus Cessante excusatione quacunq ' dictis die loco personalit ' intersitis nobiscum ac cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque Concilium impensur ' hoc sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedict ' Expeditionemque dictorum negotiorum diligetis nullatenus omittatis Praemontes Decanum Capitulum Ecclesiae vestrae Cantuariae ac Archidiaconos totumque Clerum vestrae Diocesis quod idem Decan ' Archidiaconi in propriis personis suis ac dictum Capitulum per unum idemq ' Clerum per duos procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulis Clero divisim habentes praedictis die loco personaliter interfuerint ad consentiendum hiis quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari Teste meipso apud Westm ' vicesimo nono Augusti Anno Regni nostri 13. Annoque Dom. 1661. SECT XXI Consimilia Brevia dirigenda TO the Archbishop of York Reverendissimo Accepted Archiepiscopo Eborum Angliae Primati leaving out Totius before Angliae as in the former To each of the other Bishops Reverendo c. as they are entred in the Memorials of the Chancery Crown Office in this following order Reverendo Gilberto Johanni Briano Gulielmo Roberto Gulielmo Johanni Mattheo Henrico Humphrido Georgio Roberto Georgio Gulielmo Benjamino Hugoni Richardo Briano Johanni Gilberto Edwardo Gulielmo Nicolao Episcopo Londini Dunelmensis Wincestriae Bathon Wells Oxoniae Bangor Ruffensis Eliensis Cicestriae Sarum Worcestriae Lincolniae St. Asaph St. Davids Burgi Petri Llandaff Carlioniae Cestriae Exoniae Bristoll Norwici Glocestriae Herefordiae Vulgo Durham Rochester Chichester Salisbury Minuensis Peterborough Carlile Exeter All these Writs dated 29. Aug. 1661. except the last Johanni Episcopo Lichfeildiae Coventriae Jan. 30. 1662. There is also the Bishop of Man Island but in respect he hath no Writ to sit in the Lords House I have not entered him Note That except the two Archbishops and the Bishops of London Durham and Winchester whose Precedencies are setled by the Act of 33. H. 8. all the other Bishops are entred into the Pawns according to the dates of their Consecrations SECT XXII Observations on the Writ UPon comparing the Writ of Edw. the Second with the middle Writ of 21th of Hen. the Eighth and the Writ of the 13. Car. Secundi these follow-Particulars may be observ'd First The Titles of several Kings in their Writs as well to the Lords Temporal as Spiritual have varied according to the Successive Kings Increase or Decrease of their Dominions but more remarkably in Hen. the Eighths time relating to the Clergy as I have shewn Secondly All Writs concerning Bishops from Edward the Seconds time and before to the 13. of Car. Secundi inclusive were directed to the Archbishop of Canterbury as the Exemplar Writ in respect of his Dignity except where any Cardinal was
a Bishop of England or the Popes Vicar-General or that the See of Canterbury was void or that a Bishop was Chancellor and then the Exemplar Writ was directed to that Bishop and to neither of the Archbishops or if both Archbishopricks were void then to the Bishop of London Thirdly The Exemplar and Consimilar Writs to Bishops have been generally plac't in the Clause-Rolls and in all the Pawns extant before any Degrees except Princes of the Blood though their places in the Lords House are otherwise Fourthly Sometimes the Writ to the Archbishop was without any Epethit to his Christian name but the Epithet of the most constant Application was Venerabili Archiepiscopo and the like to Bishops but in Hen. the Eighths time it was alter'd Reverendissimo to Archbishops and Reverendo to Bishops Fifthly Also an other Title is usually in the Bishops Writs as in the Writs to the Lords Temporal viz. Praedilecto fideli Conciliario which is not in the ancient Writ but of late it is entred as an addition to such as are of the Kings Privy Council whereof the Bishop of Canterbury is for the most part one Sixthly In the 36. of Henry the Eighth the Writ is Primati Metropolitano which latter word was not extant till that Writ Seventhly In the latter Writs the words de advisamento assensu Concilii nostri are entred which are not in the old Waits and some other words which are in the Dukes Writ and not in the old Writs as may be observed in the Figures which I have placed in that Writ Eighthly And in the Mandamus instead of Firmiter injungentes to the Temporal Lords the Writs to the Bishops are Rogando Mandamus and instead of Fide ligeantia to the Temporal Lords it is In side dilectione to the Lords Spiritual so that to the word Praemonentes the Writs both to the Lords Spiritual and Temporal do agree as well in the Originals as Alterations except in those particulars before nam'd Ninthly From the word Praemonentes in the Writ there is a greater Latitude of power granted to the Lords Spiritual than to the Lords Temporal for the Lords Temporal are not impowred by their Writs to Summon the Laity who sit in the House of Commons as Representatives of the Commonalty but the Lords Spiritual are impowred by their Writs to Summon Deacons Archdeans and Proctors to attend the Parliament as Representatives of the Clergy who being met at places appointed distinct from the House of Lords or House of Commons those places where they meet have the Titles of Convocations the Bishops making the upper Convocation the Representatives of the Clergy the lower Suting to those two of the Laity one called sometimes the House of Lords or Peers or upper House the other sometimes the House of Commons or lower House The General Writs for this Parliament were dated as I have shewn the 18th of Febr. 1661. to meet the 8th of May 1661. but the Writs to the Bishops were not dated till the 29. of August following yet by these Writs they are appointed to meet die loco at the day and place viz. on the Eighth of May and at Westminster as in the General Writs so as the latter Writs seem to command an Impossibility but this is to be understood in a Parliament-sence viz. That the first day of the Meeting of a Parliament continues to the end of a Session or Prorogation and is accounted but as one day for an Adjournment is but the continuance of that day and a passing of Acts upon an Adjournment as in this case was not a determining the Session because they were passed by way of Proviso That it should not thereby discontinue the Parliament so that the Bishops being admitted before any Session of determining the Parliament or before any Prorogation of it it is to be esteem'd in a Parliament-sence as I said as one day And so it is in Law where a Sum is due the Eighth of May payable at Westminster and not paid till the 29. of August and then paid in London and then accepted by the Creditor it doth bar all breaches or punctilios in Law or Equity between the Creditor and Debtor Besides If a Parliament continues some Months without Adjournments or Prorogations in which time many Members of both Houses Dye so as there is a necessity to send out Writs for a Supply of Members if the Writs should not issue in a certain Form with respect to a certain day though past it would produce many inconveniencies attending the Discretion or Indiscretion of Clerks who are to form such Writs and therefore all Writs though after Prorogations though many years subsequent have still reference to the first day of the Parliament as will be further shewn for it hath been the Wisdom of Parliaments to admit of no variation in that point Next As to the place of Meeting the Bishops are Summon'd to meet Cum Praelatis Magnatibus proceribus at Westminster which the Bishops do as to their Co-Interest in the House of Lords but in relation to the inferior Clergy the Bishops do meet at Westminster and sometimes Adjourn to such places out of Westminster as the Archbishop or his Vicar appoints which before the Fire in 1666. was at the Convocation-House on the South-side of St. Pauls Church in London but since in Westminster-Abby The Bishops in all this Parliament sit in Henry the Sevenths Chappel as the upper Convocation the Deans c. in St. Benedicts Chappel on the North-side of the Abby as the lower Convocation so as they have distinct Houses or Places from the House of Lords and House of Commons as also distinct days of meeting but always after the Parliament first meets and so of sitting some days after any Adjournment or Prorogation or Dissolution which is appointed beyond the Lords or Commons as will be shewn in the Chapter of Convocations 11. Concerning the alteration of Priorem into Decanum I have given an account 12. Instead of favente deo the later Writs say favente divina clementia 13. In the old Writs the year of Christ is not added for it was more than 300 years after Christ before the Computation was us'd but in the later Writs it is not omitted 14. Till about the year 855. there was not above 16 Bishopricks and then they increas'd to 19 and 21 and in Hen. 8. time to 26 and so they have continued ever since but in all times there have been several Transplacings and Transmutations so as the names of the Bishopricks of Dorchester Dunwich Haglested Sydnacester and Leicester Landasfirm Selsy Sherborn Chester in Durham Crediton and St. Petrocks 10 in all are utterly lost and drown'd in the now remaining 26 Bishopricks 15. The Bishops being men well Educated in all Sciences Divine and humane were stil imployed by our Successive Kings as well in matters Temporal as Spiritual for I find that of 153 Chancellors and Keepers of the Great-Seal from William the
Conquerours time there have been 62 Archbishops and Bishops employ'd in these Offices and from the first Institution of Treasurer in William the 2d's time to Ed. the 4ths time there have been 42. Archbishops and Bishops Treasurers but from Ed. the 4th's to this time no Bishop hath been Treasurer except William Archbishop of Canterbury in Charles the 1sts time then Bishop of London they have been also Chief Justices c. But for other Offices in respect I find them not mention'd in any of their Writs of Summons to Parliaments as additional Titles I shall not make any further inquiries but indeed anciently most of the Judicial Offices in the Kingdom or State were under the Care and Management of the Clergy and therefore the Chancellor Treasurer Privy-Seal c. were called Clerici or Clerks as a distinction from the Laity And being men generally of the greatest Knowledge and Learning were thereupon chosen into Offices of the highest nature 16. That though for many Ages before the end of Hen. the 8th's Reign the Bishops were then of the Roman Religion yet whenever they had the least encouragement from the present Kings of England and sometimes without it they still oppos'd the Superintendency and Supremacy both of the Church and Court of Rome as to the Dominions of the respective Kings of England protesting that the same was a destruction of the Realm and Crown of England which hath always said they been Free and hath no earthly Sovereignty but onely God in all Regalities as may be seen in the Parliament Rolls of Rich. 2d Hen. the 6th and in other Kings Reigns and since Hen. the 8th the Bishops and Clergy under them have been almost the only Bulwark against the Storms and Incroachments of Rome upon us 17. It appears by a long concatenation of Records that they have had these various Titles of Honour viz. in the Latin Records Archiepiscopi Episcopi Praelati Pares and in such Records as are writ in French or English Archevesque Evesque Archbishops Bishops Prelates Peers Grantz Grandees or Great ones in distinction of the Lesser Peers or House of Commons of which I shall speak more also Seigniors singly and Signiors du Parlement also Lords and Lords Spiritual and Barons claiming onely a Vital Feudal Tenurial and not Nobilitated Peerage in distinction of the Lords Temporal whose Peerage is Personal Hereditary and Nobilitated 18. Though they absent themselves from the House of Lords upon Tryals of blood yet it was and is still in obedience to the morality of the Canon-Laws for though those Canon-Laws were practised in times of Popery yet the reasonableness and conscientiousness of that Law still continues and now we are free from the bondage of Popery the Protestant Bishops still think themselves obliged to it as the Papal Bishops were before like the 4th Commandment which still morally obligeth Us as formerly it did the Jews yet where they do absent themselves in Cases of blood it is done by leaving Proxy or protestation of their Right of Sitting c. 19. And lastly it may be very well observed though their influence and Interest upon a Spiritual and Temporal account is spread over this whole Kingdom their Revenues great and thereby their Tenants Officiates and Dependents very numerous yet I do not find in Histories that the Bishops of England did ever raise an Army to justifie their interest against any of our Kings or against the other two Estates of Lords Temporal or Commons by Sword or Force but still supported it by their Pen or Prayers 20. Thus I have given an account of the Managers of Religion in this Island and of the Writs whereby they were Summon'd to Parliaments and of other great employments wherein they have been intrusted of a mixt nature part Civil and part Ecclesiastick and both tending to Religious Duties I should now proceed to the Writs which concern Abbots and Priors which till the 36. Hen. 8. were ever entred next the Bishops in the Clause-Rolls and Pawns but there having been no Writs directed to them since the said 36. of H. the 8th except two in Queen Mary's time one to the Abbot of Westminster the other to the Prior of St. John's of Jerusalem I shall follow the Method of the Pawns since the said 36th year referring the Discourse of them to the Chapter of Dissolutions and here proceed to the third Exemplar Writ viz. to the Lord Chancellor being the first Officer of State and Principal Assistant and now annext to a Barony and after to his Title of Earl as will be shewn CHAP. VIII The Third Exemplar of the Lord Chancellor or Lord Keeper AMongst the Romans this great Officer was called Actuarius Scriba Notarius Principis praesentis Vicarius Cancellarius and so it came into France and amongst the Saxons it had the name of Referendarius but in England we do not find this Title of Chancellor till the first of King John An. 1199 though Lambert and others derive it from Edward the Confessors time This Officer continued in so high an esteem that in the 5th of Richard the 2d The Commons in Parliament in their Exhibits to the King desired that the most wise and able man in the Realm might be chosen Chancellor which made Budaeus one of Hen. the 8ths Orators to give this Description Hunc saith he rerum omnium cognitione omni Doctrinarum virtutumque genere instructissimum ornatissimum ingenioque ad omnia versatili omnia in numerato habere oportere fatendum est This Discription is also to be applyed to the Keeper of the Great Seal which invention of a publick Seal as it was more ancient with the Romans so it seems to be very ancient with us in England that Office being Constituted by William the Conquerer in the Year 1067. and for the honour of both as it is shewn in this Section Geffrey a Natural Son to Hen. the Second was Chancellor and the Queen to Henry the Third was Keeper of the Seal 2. These two Offices were sometimes kept distinct and sometimes united in one Person till the Fifth of Queen Eliz. and then it was Enacted That both those Offices should be accounted but as one and the same and that hereafter both should not be used at one time by distinct Persons 3. Whilst they were distinct they had two Seals the Chancellors was of Gold and the Keepers of Silver the Court esteemed Officina Regis and the Seal Clavis Regni but whenever they were either united or distinctly executed still this high Office was managed by Archbishops or Bishops or by the most eminent Laicks for Learning Integrity and Abilities as may be seen by comparing the History of them with their Catalogues 4. To manifest their Eminency it is evident from the Rolls that in the opening of all Parliaments the Lord Chancellor or Lord Keeper did constantly by the Command of the King shew them the reasons of Summoning them unless in a Vacancy or
and Recesses so he gives the second Fiat to its Dissolution he hath also an appartment near the Lords House as will be shewn for himself to retire to and for his Serjeant at Arms and others of his Attendants Thus having considered the Lord Bishops and Lord Chancellors Writs I must observe how exquisitely and harmoniously these two Degrees are interpos'd both in their sitting in the Lords House and in the method of their Writs in Pawns and in the Act of Precedency being placed in all of them between the first and second Rank of the Lords Temporal as it were to shew that the Lords Temporal are always to embrace and maintain Religion and Equity as the two chief Supporters of a Parliament I have spoken of the first Supporters to Religion and Equity viz. Princes of the Bloud and now I shall speak of the other Supporters viz. the Nobles not of the Bloud distinctly five Titles viz. Dukes Marquesses Earls Viscounts and Barons but more especially of their Writs which Summon them to sit in Parliament which will guide me into several observations CHAP. IX Of the Fourth Exemplar Writ to the Nobles not of the Bloud-Royal To the Lord-Treasurer c. IN the Eighth Chapter I shewed the Exemplar Writs to Princes Dukes and Earls of the Bloud-Royal I am now according to the method of this Pawn to shew the Exemplar Writs to Dukes Marquesses Earls and Barons not of the Bloud I shall begin with that in Anno 1661. being agreeable to that Exemplar before recited to the Dukes of the Bloud from the word Salutem to the end of the Writ but the Preambles to that word do afford variety almost in all Writs and therefore before I make the Observation upon it I shall give a view of the Writ at large being only abbreviated in the Pawn CArolus Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Praecharissimo Consanguineo suo Thomae Comiti Southampton Thesaurario Angliae Salutem Quia de Advisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem regni nostri Angliae Ecclesiae ' Anglicanae concernen ' Quoddam Parliamentum nostrum apud Civitatem nostram Westm ' 8. die Maii prox futur ' teneri ordinavimus ac ibidem vobiscum ac cum Magnatibus Proceribus dicti Regni nostri Colloquium habere tractatum vobis sub fide ligeantia quibus nobis tenemini firmiter injungendo mandamus Quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dictis die loco personaliter intersitis nobiscum ac cum Magnatibus Proceribus praedictis supra dictis negotiis tractatur ' vestrumque Concilium impensur ' Et hoc sicut Nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedictae expeditionem dictorum negotiorum diligitis nullatenus omittatis Teste Rege apud Westm ' 18. die Febr. Anno Regni nostri 13. SECT II. Observations 1. ALl Parliamentary Exemplar Writs of this nature which are extant from the 15. of Edward the Second to the 21. of Henry the Eighth if they were not directed to some one of the Heirs of the Crown or to Princes Dukes or Earls of the Bloud were still directed to an Earl not of the Bloud except Three to Three Dukes in Henry the Sixths and Edward the Fourths time it being evident from what hath been said That Earls called in Latin Comites was a more ancient Title in this Kingdom than Dukes Richard the Eldest Son to Edw. the Third being the first that was so created but Earls long before and though Edward the Third did create many Dukes more than his Son which were of the Bloud yet still to keep the old Title of Earl and in veneration thereof as may be supposed he in the Fourty Seventh of his Reign did think sit as the King usually appoints the Sword to such a Person as he directs to carry it before him to grant the Exemplar Writ to an Earl not of the Bloud for the Parliament to be holden that year and so did his Successor as may be seen in this following Table viz. 47. Edw. 3. Richardo Comiti Arundel who sat one Parliament 18. Rich. 2. Henrico Comiti Darby who sat one Parliament 3. Hen. 5. Radulpho Nevile Comiti Westmerland and the like Writ in the same year so he sat two Prrliaments 7. Hen. 5. Henrico Percey Comiti Northumbr and the like in the same year and in the Eighth and Ninth of this King and Twelfth of Hen. 6. so he sat five Parliaments note that the Christian names and Sirnames of Nevile and Percey are in this Writ which is not usual to Earls only the Christian names The three Exemplars to Dukes not of the Bloud are in time subsequent to Earls for the first Exemplar to a Duke was not till 28 H. 6. Gulielmo Duci Suffolciae who sat one Parliament 38 H. 6. Henrico Duci Oxoniae who sat one Parliament 1 Edw. 4. The third Johanni Norfolciae and the like in the same year so he sat two Parliaments And then after these Three Dukes again to an Earl viz. 3 Edw. 4. Richardo Comiti Warwick who sat one Parliament so from the 47. of Edw. 3. to Rich. the 3. there was Eight not of the Bloud viz. Five Earls and Three Dukes who had Exemplars From Richard the Third to the 21. of Hen. 8. there is as I have shewn a want of Records in the Tower so as the first Exemplar that appears to us in the Pettibag of such as had Exemplar Writs being not of the Bloud do begin at the 36. of H. 8. viz. 36 Hen. 8. Thomae Wriothsley Militi Domino Wriothsley Cancellario he sat one Parliament and was the year before made Baron of Titchfield and in the first of Edw. 6. Earl of Southampton 1 Edw. 6. Gulielmo Pawlet Militi Domino Senescallo magni hospitii nostri ac Praesidenti Concilii nec non Custodi magni Sigilli He was then Lord St. John of Bazing and afterwards created Marquess of Wincester 6 Edw. 6. Gulielmo Marchioni Winchester Thesaurario Angliae Thomas Goodrick Bishop of Ely being Chancellor and had his distinct Writ this Marquess had his several Writs viz. in the 6 of Edw. 6. and 7 of Edw. 6. and 1 Mariae and 1 M. 1. and 2 Phil. and M. and 2 and 3 P. and M. and 4 and 5 P. and M. in which time the Bishops of Ely Winchester and Archbishop of York were Lord Chancellors and had distinct Writs it being not proper for them being Lords Spiritual to be Exemplars to the Lords Temporal besides he was Exemplar in the 28. 30. 35. 39. and 43. of Eliz. and Primo Jacobi in which time Sir Thomas Bromley and Sir Christopher Hatton were Lord Chancellors and Sir John Puckering and Sir Thomas Egerton LordKeepers and each of them had distinct Writs so as it
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
therefore I conceive there is some mistake in Mr. Selden but however the mistake be the first Exemplar Writ to a Duke was not till this year for though Edward Prince of Wales was Duke in the Third or Eleventh year of his Father and Thomas Earl of Norfolk soon after was created Duke of Norfolk and Henry Earl of Lancaster soon after created Duke of Lancaster yet they had not any Exemplar Writs as Dukes but before as Earls so as John Duke of Lancaster in this Parliament of the 37. Edw. the 3d. was the first Duke which had an Exemplar Writ 47 Edw. 3. As I have shewn the first Exemplar to an Earl of the Bloud so this shews the first Exemplar to an Earl not of the Bloud which was this year to Richard Earl of Arundel for though there were many Earls before not of the Bloud yet they had only Consimilar Writs but no Exemplars extant to any of them till this Year 28 H. 6. And though there were many Dukes not of the Blood since the first Creation of that Title yet the first Duke not of the Blood who was thought fit to be an Exemplar was not till this Parliament and the Predecessor of this Duke was an Earl in Edw. 3ds time and even this Duke was Earl in the time of his Predecessors before any Duke was created 6 Edw. 6. Though the first Marquess created in England was in the 9th of Rich. 2d yet none were thought fit to be Exemplars till this 6. of Edw. the 6th that William Marquess of Winchester was made the first Exemplar in Parliament of that Dignity but his Exemplar had the additional Title of Lord Treasurer who is the second Officer of State 36 H. 8. Although a Baron is a more ancient Title with us in England than any of the other Degrees of the Nobles yet we find no Record now extant wherein a Baron singly as Baron had the Exemplar Writ for as I said Thomas Wriothesly Baron of Tichfield being Chancellor William Pawlet Baron of Bazing being Lord Keeper were Exemplars in those Parliaments and had Consimilars appointed them but Edward Hyde Baron of Hindon having a distinct Assisting Writ had no Consimilar allotted him either in respect of his Barony or Assistancy Thus we find that Earls Dukes Marquesses and Barons have been Exemplars but we do not find any Viscounts to be so in any Parliament since the creation of that Dignity which was as I said in Hen. 6ths time to John de Beaumont And the reason is because the word Vicecomes doth imply a Consimilar to Comes so it were improper for Comites to be Consimilars to a Vicecomiti Concerning the additionals of the Titles to those Nobles mentioned in their Exemplars it may be observed That in all those Writs to Hen. the 8ths time the words Consanguineo Charissimo Praedilecto Dilecto Fideli were not so positively sixt to the several Degrees in their Writs but since that time they have past in a more constant method viz. to Dukes and Marquesses Praecharissimo Consanguineo to Earls and Viscounts Charissimo Consanguineo to Barons Praedilecto Fideli and to the Lord Chancellor as chief Assistant Praedilecto perquam Fideli but to all the other Assistants of which I shall speak more only Dilecto Fideli SECT III. Observations on the Consimilars to the former Exemplars WHen Princes of the Blood were made Exemplars there was ever some Prince of the Blood in the Consimilars and then followed in the same Register in every Clause-Roll or Pawn the other Dukes Marquesses Earls Viscounts and Barons without interposition of the Lords Spiritual and Ecclesiastical to the Princes of the Blood and the Temporal Lords not of the Bloud so it continued in that method till the 21. of King James but then the Exemplar being to the Prince of Wales and no Consimilar to him there follows the Exemplar and Consimilars to the Lords Spiritual of which I have spoken and after them follows the particular Writ to John Bishop of Lincoln as Lord Keeper and after that the Exemplar to Lodowick Duke of Richmond who had one Duke one Marquess Thirty eight Earls nine Viscounts and Fourty seven Chevaliers his Consimilars and ever since the 21. Jac. there hath been an interposition either of the Lords Spiritual or Lord Chancellor between the Dukes of the Blood and the Nobles that were not of the Blood and so in the 13 Car. 2. though the Bishops were deprived from that Roll as I have shewn yet the Lord Chancellors Writ did interpose and it may further be observed That when Princes or Dukes of the Blood or not of the Blood were Exemplars other Dukes Marquesses Earls Viscounts and Barons were Consimilars but when Earls were Exemplars there were no other Consimilars admitted of Degrees above them but still under them viz. of Earls Viscounts and Barons and yet when the three Dukes beforementioned were made Exemplars 't is true the Duke of Suffolk and Oxford had Dukes to their Consimilars as formerly being pari gradu but the Duke of Norfolk had no Duke to his Consimilar for he had only four Earls one Viscount and Thirty one Barons of which there is no other precedent that I can find 2. As to the different Titles of these six Degrees viz. Princes of the Blood Dukes Marquesses Earls Viscounts and Barons of whom I have spoke more in the Fifth Chapter it is fit to be hinted here that Prince in English and Principi in the Latin Writ Duke and Duci Marquess and Marchioni Viscount and Vicecomiti have little difference in their Orthography but Comiti in all their Latin Writs and Earl which is their general appellation in English have very great difference concerning which and the other Degrees I have writ more at large before and in my Annotations to which I refer the Reader and so Baron and Baro have but little variation yet this may be observed here of this Title Baro that in all the Consimilar Writs in Clause Rolls or Pawns wherein those of that Degree are enumerated from the 15th of Edw. 2d to the 13. of Car. 2. neither the Titles or words Baro nor of Banerettus are mentioned in the Writs but either the Articles De or Le or La or the words Dominus Miles Equies Auratus or Chevalier are added to the Barons name viz. Hugo de Spencer Johanni de Bello Campo Johanni de St. John de Bazing Roberto de Monte albo Johanni de Sancto amando Willielmo de la Souch de mortuo mare Nicolao de Cantilupo le Quint Johanni de Insula de rubro monte Nicolao de Sancto Mauro Michaeli de la Pool who was then Banneret Admirallo Maris Johanni de Moubray Mariscallo Petro de malo lacu le Quint Hugo de le Spencer Willielmo la Zouch de mortuo mare Johanni le Strange Johanni le Shelton and many more and some only in their Christian names and Sirnames viz. Richardo Gray Richardo Talbot Gulielmo Aincourt
in the year 778. when Charles the Great being then King of France and soon after Emperour of the West did put all the Government of France into the hands of Twelve of the most eminent Nobles who thereupon were call'd by the Title of the Twelve Peers of France being Pares Gubernatores Franciae or in their Language Paires d'France whereof six were Lords Spiritual viz. the Archbishop of Reims the Bishops of Laon and Langres who also were stil'd Dukes the Bishops of Beauvois Chalois and Nôyon which three latter were also stil'd Comtes or Earls and six were Lords Temporal viz. the Duke of Burgundy Normandy and Guienne the Earls of Flanders Champaigne and Tholose the six Ecclesiasticks do continue to this day but the Territories of the other six being either united to or alienated from the Crown do now consist of such Princes of the Blood or Favorits without limitation by number of six as the King thinks fit but those who are do injoy the Privileges of the Original Peers constituted by Charles the Great 4. From this Constitution it is conceived we in England upon the Normans coming did make use of something of that method and did then also first make use of the word Peers although in truth as I said both of us had it from the Romans we also made use of their number Twelve as may be observed in the Ecclesiastical Parliamentary Degrees viz. first Archbishops secondly Bishops thirdly Archdeacons fourthly Deans of Chapters fifthly Proctors of Chapters and sixthly Proctors of the Clergy and six also are of the Temporal Degrees viz. first Princes of the Blood secondly Dukes not of the Blood thirdly Marquesses fourthly Earls fifthly Viscounts and sixthly Barons These being so proportion'd into twelve Degrees but not into twelve Persons I shall pass to what others have spoken concerning the number of our Peers 5. In respect the Peers of France were anciently confin'd to a certain number of six and six some of our English Writers would also confine ours to a certain number some to five and some to fifty But herein we may trust that learned Selden who saith That the number of Peers with us was never confined to any more certainty than the Lords of the Parliament are for saith he whereas only the number of five Peers are mentioned in some Records that can be no Rule of certainty because at this day the number Five doth legally express Seven as it doth in the Parliament Writ to the Warden of the Cingqueports or five Ports There being in truth saith he Seven of them and so consequently returned whereas there are eight Ports called Cinqueports and so returned as will be shewn in the second Part but however the mistake be in that Grave Author yet with submission to his great Learning I conceive this might have been better reconcil'd for the old Writers who mentioned five might intend the five Degrees of Nobility under the Princes of the Blood viz. Dukes Marquesses Earls Viscounts and Barons which makes the compleat Temporal Degrees in Parliaments And what others write of Fifty that number without doubt did relate to the number of which those five Degrees did in those days consist which were now increast to Eighty eight as may be seen in this Pawn besides those of the Blood Royal and the Lords Spiritual and Assistants and have varied in number almost in every Kings Reign But I rather believe that there was some mistake in making use of this number Five by applying it Personally and not Virtually for anciently and even to this day the number five that is five Lords do with that number Constitute the House of Lords for the dispatch of lesser Affairs till a greater number come fit for greater Affairs and so the number of fourty Members whether Knights Citizens or Burgesses or some of either do Constitute an House of Commons yet these also do not proceed to weightier matters till they be supplied with a greater number so as the number five may be well thought to have its relation to the House of Lords and the number of fifty to the House of Commons 6. But not to insist further about the definite number of Lords or Peers or about the derivation of the words Lords and Peers I shall give a touch of the words Praelati Magnates and Proceres us'd in the Latin Writs and Patents and herein if we consider the first Institution of this House it did and still doth consist of Lords Spiritual and Lords Temporal diversified into several Degrees as Archbishops Dukes c. yet the Lords Spiritual were known only by the Title Archiepiscopi Episcopi i. e. Archbishops and Bishops and the Temporal only by the Titles of Comites and Barones i. e. Earls and Barons in general terms the Lords Spiritual were called Praelati i. e. Prelates in relation to matters which concern the Soul which hath preference or prelation to that of the Body and the Lords Temporal were called in general Magnates Proceres i. e. Lords and Peers intimating Persons of the greatest Power and Domination and being the chiefest Peers and Supports as I said of the King and Kingdom 7. But in Henry the thirds time certain Persons called Abbots and Priors who were the Fathers Heads and chief Governers of Monasteries or of such Houses as were possess'd by Monks and Canons living in those Houses with an intent or pretence of weaning themselves from the World and disposing their minds to a contemplative life and these being of a mixt nature partly Regular and partly Secular and in respect of their great access of Territories given by the charity of others to support them Baronial did step in between the Lords Spiritual and the Lords Temporal and so were called Praelati with the Bishops and Magnates Proceres with the Lords Temporal But Hen. the Eighth as I have shewn did dissolve them so that the Bishops have ow the single Title of Praelati and the Temporal Lords of Magnates Proceres for we see in the Summoning of this Parliament when Bishops were excluded the words Cum Praelatis was left out but being restored then they were equally Summon'd to sit inter Praelatos Magnates Proceres and the preposition Inter is properly inserted for however their sitting is yet the Bishops are called over between Viscounts and Barons 8. Now as Abbots and Priors were thus interposed in Henry the Thirds time so in the time of Edw. the Third as I have shewn Dukes began and as they increased did step in before Earls and Barons and in Rich. the Seconds time Marquesses began and as they increast also stept in between Dukes and Earls and in Hen. the 6ths time Viscounts began and as they increast did step in between Earls and Barons so as Originally according to the dates of their Admissions these Lords Spiritual and Temporal were all Peers i. e. Pares pari gradu the Bishops were Pares inter seipsos pari gradu Episcopali the
vicesimo primo Novembris Anno regni dicti Domini nostri Caroli Secundi Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. Annoque Dom. 1662. 17. All derivative Proxee-Writs made either from a Lord Spiritual or Temporal to any of their own Degrees or of other Degrees do not continue longer than one Session without a new Derivative License or Proxee-Instrument 18. As to the places of the Proxees in the Lords House they are not mention'd in the Act of Precedency so I shall conclude with Mr. Elsing That surely they did not sit in the Lords Seat whose Proxee he was yet in all Councils and Dyets beyond the Seas he does 19. Though they are Nobilitated by sitting as Proxees yet they are not to be accounted Peers unless they were Peers before they were Proxees Thus having said as much as I think fit of Writs to the Lords Spiritual and Temporal both Original and Derivative I am come to the Fifth Exemplar concerning the Assistants to those Lords Peers and Proxees CHAP. XIII Of the Assistants to the House of Peers comprized in the Fifth Exemplar of the Pawn 1. HAving done with all the Degrees which are mention'd in the Act of Precedencies and given an account by four Exemplars of the Writs to the Princes of the Blood of the Writs to the Archbishops and Bishops of the Writ to the Lord Chancellor of the Writs to the Hereditary Nobles of Parliament viz. Dukes Marquesses Earls Viscounts and Barons as they are mention'd in the Pawn and also given an Abstract of such Patents of Creation as Intitle some of them to be the more capable of Summons as also of Peers and their Proxies I come now to the Degrees which are not mention'd in the Act of Precedency but are compriz'd under the fifth Exemplar-Writ recited in the foremention'd Pawn viz. to the Lord Chief Justice of England and of the Consimilars to his Writ and these are different from all the former except the Lord Chancellors of which I have spoken because these do not sit in the Lords House by vertue of any Tenure or Patent of Creation or according to the Act of Precedency but only by Writs as Assistants for none do sit there without Original Writs except Proxies and Masters of Chancery c. as will be shewn But before I treat of them distinctly I shall set down some Observations on their Professions 1. These Assistants do all profess the Study and Knowledge of Laws and therefore have their Places allotted in the very heart of the Lords House that they may with the more ease give their Advice to that Noble Body in all Matters which concern either the Theory or Practice of what is just or fit to be done 2. Now there are certain Faculties and Vertues springing from the Profession of these Assistants viz. Jus or Right Justitia or Justice Judicium or Judgment Ratio or Reason Prudentia or Prudence Aequitas or Equity Discretio or Discretion Sapientia or Wisdom and Scientia Legum or Knowledge of the Laws to whith it is presum'd they have attain'd and are thereby made fit for Assistants yet that these Vertues may be the more distinctly discern'd I shall take the freedom to explain them Jus the Latin for Right is the foundation on which Justitia or Justice is built Justitia is status or statio Juris quia Jus stat vel exercetur per Justitiam So that Jus is the principal Justitia the Efflux of it Judicium or Judgment is the fix'd resolution determination or sentence of what is true or false good or evil just or unjust Reason is a Ray of Divine Light which guides a man to judge what is Just or Justice Prudence is in the nature of Providence from Providere to foresee the conveniencies or inconveniencies of so doing or not doing right to one man that it may do good to one and not hurt another Discretion is also to discern the nature or difference of things represented and to manage them to their right end and by this Equity is usher'd in which is a conscientious care that all things may be equally and proportionably done towards those who exspect Justice when the matter concerns distinct persons or interests and then Sapientia or Wisdom advanceth it self and includes the Scientia Legum or Knowledge of the Laws and that imploys all the Faculties of the Soul and hath a particular Intellect and Inspiration to see improve and manage all things to a just and right end and teacheth the Professors to instruct others in the principal Rules of perfect Conversation with each other viz Honeste vivere neminem laedere suum cuique tribuere which is to live soberly and temperately to offend no man wilfully and to give tribute to whom tribute belongs and to every man what is their right to enjoy or in our power to perform All these do constitute a wise man and the Professors of Laws have more opportunities to demonstrate them to others and by these Vertues they become Accomplish'd Assistants to a Parliament both in Divine and Human Matters 3. But the Imbecility of our Human Nature is such that no man is so universally knowing in all things as to give a true Judgment of all particulars without a light or information from others whereby to judge of what is just right or fit to be done especially in the contentions arising from the Mechanick Arts or Trades and some other Sciences which are a significant part of the Fabrick of any Kingdom or State for supposing two Artificers professing different Arts are both imployed to the perfecting of some Publick Work wherein their joint Skills are necessarily required in which they are at variance upon some mystical parts in their Trades and without determination of their differences and concerns neither of them can proceed in the joynt Design and thereupon they refer themselves to one of the Professors of the Law to settle the matter between them But it is vulgarly thought beneath one of these eminent Professors to dive into Mechanick Trades or lesser Sciences yet both of these Artists informing him of the true state of the mysteries of their respective Trades the Judge from thence makes a rational determination of what is fit to be done as well for the support of their Trades as for the common good to others by preventing fallacies or circumventions or the like contests and this he gains from the impartments and arguments of these Artists and so weighing their alternate allegations in one balance and the common good in another he makes so peculiar a determination and Sentence as to convince both parties and this from the ground of their different Arts and Impartments Now the Judge or Justice even by these dayly accidents and references doth dayly gain Knowledge and by justly managing this Knowledge grows to be generally esteem'd a wise Man not only from these lower particulars upon which the Opinion of the Vulgar is founded
Which Schedule or digest they keep fairly ingrost in Parchment as a Record in this Office and this Record is then entituled the Parliament Pawn and hath no other Name which is as they say the awarding of several Writs for a Parliament And this methodical Record is very ancient as may be collected by comparing this with those which remain in the Pettibag And with the like Endorsments are the Clause Rolls in the Tower but there are no more Pawns at present in this Office than from the 21 of Hen. 8. to this of the 31 of Car. 2. making twenty in all Formerly these Pawns or Records some time after the dissolution of every Parliament as will be shewn were carried to the Inrolment Office and then among many other Parliamentary Matters of weighty concern transcrib'd into Parchment Rolls and from thence for more safety carried to the Tower of London where they lost the name of Pawns and were and are still call'd Parliament Clause or Close Rolls which I mention because I shall have often occasion in this Treatise to recite such Clause-Rolls wherein the Pawns were for the most part inserted or endors'd And in respect I do not find that any who have writ before me of Parliaments have taken notice of those Parliament Pawns although they are Recorded and kept in the Pettibag an ancient Office of Record I have cull'd out one of the twenty and made it the foundation of the whole Scheme of this Treatise That there are no more Parliament Pawns in the Pettibag than as I said from the 21. of Hen. the 8th to the 13. Car. 2d this reason may be given that when they were again Enroll'd and transmitted to the Tower or Rolls Chappel it might be thought needless to preserve them in respect that from Ed. the 2. d. to Ed. the 4. th Inclusive they are safely kept inroll'd among the Records in the Tower and from Ed. the 4th to the 21 of Hen. the 8. Exclusive they are kept safe amongst the Records in the Rolls Chappel and from the 21 of Hen. the 8th to the 13 Car. 2d they are preserved amongst the Records in the Pettibag Office and of these which remain in the Pettibag that of the 31 of Hen. the 8th is much defaced and interlin'd but that of the 21 and all the rest from the 36 Hen. 8. are farely ingrost and Legible and Tyed up in one great Bundle the last of which made up for this Parliament of 13 Car. 2d is here Verbatim Transcribed In which for want of Application to the Heraulds the Clerks have Committed many mistakes I suppose by long discontinuance of Methodical Parliaments not being well instructed viz. In the Titles of the Lord Stourton Lord Vaux Lord Wharton Lord Pagit Lord Shandois Lord Stanhop Lord Charles Howard Ld. Roberts Ld. John Pawlet Ld. Coventry Ld. Frances Seymour Ld. Bruce Ld. Newport Ld. Colpeper Ld. Gerrard Ld. Langdale Ld. Hollis Ld. Cornwallis Ld. Delamare Ld. Townsend Ld. Ashly Ld. Crew and some others which shall be rectified in the 4th part of this Treatise However I thought fit to follow the Record Verbatim except in the Marginal Figures and Notes which I have added with Recommendation of Care for the future viz. the 13. Car. 2d is here verbatim transcrib'd CHAP. II. The Copy of the Parliament Pawn of the 13. Car. 2d Anno tertiodecimo Caroli secundi Regis CAROLUS secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Praecharissimo dilecto Fratri suo Jacobo Duci Ebor'um Albaniae magno Admirallo suo Angliae Salutem Quia de Advisamento Assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii prox ' futur ' teneri ordinavimus ibidem vobiscum ac cum Magnatibus Proceribus dicti Regni nostri Colloquium habere tractatum Vobis sub fide Ligeantia quibus nobis tenemini firmiter injungen'd mandamus quod consideratis dictorum Negociorum arduitate periculis imminentibus cessante excusatione quacunque dictis die loco personaliter intersitis nobiscum ac cum Magnatibus Proceribus praedictis super dictis Negociis tractatur ' vestrumq ' Consilium impensur ' hoc sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae praedict ' expeditionemque dictorum negotiorum diligitis nullatenus omittatis T.R. Teste Rege apud Westm'd decimo octavo die Februarii Anno Regni sui tertio decimo CONSIMILE Breve dirigitur Praecharissimo Consanguineo suo Ruperto Duci Cumbriae T. ut supra Consimile REX c. Archiepiscopo Cant ' c. Consimilia Archi ' Ebor Episcop ' REX praedilecto perquam fideli Consiliario suo Edro ' Dno ' Hyde Cancellar suo Angliae salutem Quia c. Ut supra usq ' tractatum tunc sic vobis mandamus firmiter injungen'd quod omnibus al'pretermissis praedict die loco personaliter intersitis nobiscum ac cum caeteris de Concilio nostro super dictis negotiis tractatur ' vestrumq ' consilium impensur ' hoc nullatenus omittatis T. ut supra REX Praecharissimo consanguineo suo Thomae Comiti South'ton Thesaurario Angliae Salt'm Quia c. ut supra usque tractatum tunc sic Vobis sub fide Ligeancia quibus nobis tenemini c. ut supra T. ut supra CONSIMILIA Brevia diriguntur Personis subscript ' sub eodem dat' Videlt ' Praecharissimo Consanguineo suo Consimilia GEorgio Duci Bucks Carolo Duci Richmond Georgio Duci Albermarl Exercituum suorum Generali Dukes Three JOhanni Marchioni Winton ' Marquesses Four Edro ' Marchioni Wigorn ' Will'o Marchioni Novi Castri Henr ' Marchioni Dorcestr ' CHarissimo Consanguineo suo Montague Comiti Lindsey magno Camerario suo Angliae Earls Fifty five Jacobo Comiti Brecon ' Senescallo Hospitii Edro ' Comiti Manchester Camerario Hospitii Alberico Comiti Oxon ' Algernon ' Comiti Northumbr ' Francisco Comiti Salop. Carolo Comiti Derb ' Johanni Comiti Rotel ' Will'o Comiti Bedford ' Philippo Comiti Pembr ' Montgomeri Theophilo Comiti Lincoln ' Carolo Comiti Nott ' Jacobo Comiti Suff ' Ric'o Comiti Dors ' Will'o Comiti Sarum Joh'i Comiti Exon ' Joh'i Comiti Bridgewater Rob'to Comiti Leic ' Jacobo Comiti North'ton Carolo Comiti Warr ' Will'o Comiti Devon ' Basil'Comiti Denbigh ' Georgio Comiti Bristol ' Lionell'Comiti Midd ' Henrico Comiti Holland Joh'i Comiti Clare Olivero Comiti Bullingbrooke Mildmay Comiti Westmerland Thomae Comiti Berks. Thomae Comiti Cleveland Edr'o Comiti Mulgrave Henr ' Comiti Monmouth Jacobo Comiti Marlborough Thomae Comiti Rivers Henrico Comiti Dover Henrico Comiti Stamford Henr ' Comiti
of Commons c. These Patent Writs have no other appellation than Literal or Letters Patents as I said But the Parliamentary close Writs are divided into two Titles viz. Exemplars and Consimilars and though the word Exemplar is not us'd in the Pawns yet the word Consimile is constantly us'd there which doth imply an Exemplar The Exemplars are Writs set down at large in the Pawns and the Consimilars are Writs not inserted in the Pawns and yet are to have a consimilitude with their Exemplars the Exemplar being so made upon some extraordinary reason as will be shewn hereafter As for those Writs which concern the House of Lords of which I only treat in this first Part as they are more in number than any of the other Houses not including derivative Writs Precepts or Citations so they are of a more nice nature in respect as I said they are personal for a distinct Writ is to be provided for every individual Lord sitting in the Lords House but not so in the House of Commons or lower Convocation as will be shewn and though the main body of the Writs in those concerning the Lords House do differ but little from the Writs of former Kings or from those of the House of Commons yet the Titles do very much vary in every Parliament partly by the new Creation of Barons partly in their Ascension from Barons to higher degrees and partly by splitting of Titles upon extinction of Families and for other causes they are in few years subject to variation in Titles wherein every Lord is exact in having his due and therefore some of the Heralds as I said according to the several districts of the Kingdom under their managements are or ought to be consulted with that the Clerks may commit no mistakes either in their Titles of Grace and Favour or in their Titles of Rights and Concessions before the Writs be sealed and the not effectual doing this which ought to be done might occasion some mistakes and differences between the Exemplar and Consimilary Writs in point of Titles as will be shewn The other parts of the Writs as well in Exemplars as Consimilars which concern not the Titles of the Peers are the same both in the declaratory and mandatory parts except some few words of which I shall take notice in my proceedings and herein I shall not trouble my self with shewing what reasons were given in some Writs for summoning a Parliament or what in others or the reason of those Reasons and why in some there were no Reasons given only a short Mandamus All Writs at large recited in this and all former Pawns are the Exemplars of all other Writs of Summons for a Parliament which are not in the respective Pawns whereby these in this Pawn with the addition of the Bishops Exemplar Writs which are entred in all former Pawns did and do now make 12 Exemplars but the Writs which are not recited in this and former Pawns which I term Consimilars at the calling this Parliament were in all 262. Some of the 12 are Exemplars and other Writs have a consimilitude to them yet have no positive Consimilars appointed them whereof there are but three viz. One to the Lord Chancellor in the Lords House and to the two Palatines in the Commons All Writs of Summons to the House of Lords both Exemplars and Consimilars are Personal and Local but all Writs of Summons for the House of Commons are only Local These 12 Exemplars are in this following method stated with their Consimilars viz. those 5 for the Lords House are   Exemplar  Consimilar I. To the Duke of York 1  1 II. To the Archbishop of Canterbury 1  25 III. To the Lord Chancellor 1  0 IV. To the Earl of South-hampton L. Treasurer 1 In this Parliament 3 Dukes 4 Marque 55 Earls 8 Visc 68 Barons 138 V. To the Chief Justice of the Kings Bench 1  15 So there was in the Lords House 5 Exemplar Writs and 179 Consimilars in all 184. The remaining Exemplar Writs relating to the House of Commons are 7. of which I shall speak more in the next part of this Treatise viz. VI. To Cornwall 1  4 VII To Cambridge 1  1 VIII To London 1  18 IX To Dover 1 Cinqports 7 X. To Lancaster 1  0 XI To Chester 1  0 XII To Carmarthen 1 Wales 11 So there is for the Commons House 7 Exemplars and 73 Consimilars in all 80 Writs in both Houses 264 So many Exemplar and Consimilar Writs were issued to Constitute this Parliament An. 1661. in the Lords House to Countreys Shires and Comitated Cities and Towns in the Commons House whereof some years after its Sitting one Exemplar and one Consimilar was issued for the Bishoprick of Durham all the rest of the Writs for Cities Towns and Burroughs not Comitated of which I shall give an account do lose their names of Consimilars when the Exemplar Writs do come to the respective Sheriffs for then they pass from the respective Sheriffs under the titles of Precepts or Derivative-Writs as shall be more fully discourst of in the second part where I treat of the House of Commons Now I shall proceed to the Act of Precedencies and give a short description of such as are to be Summon'd for the Lords-House only because I speak more amply of their Individual-Writs whereby they are Summon'd CHAP. III. Of Precedencies HAving shewn the Kings Warrant and the Lord Chancellors and the Record made up in the Pettibag call'd the Parliament Pawn and given a touch of the nature of Writs in general and in particular of Parliamentary Writs of Summons consisting of Writs Exemplar and Consimilar as also an hint of Precepts or Derivative-Writs from those Exemplars which are to be more fully treated of in the 2d part I shall proceed to the Act of 31 of Hen. the 8th concerning Precedencies in the Lords House occasion'd from the defect or long disusage of Pawns or other State reasons for there being no Pawns extant but as I said from the 21 of Hen. the 8th to this time the other being by Endorsment c. on the Records in the Tower or Rolls Chappel Our King Hen. the 8th did make this Act of Precedencies which hath its chief Reference to the time when a Parliament is Sitting and so not proper to be inserted in this place seeing my design in this first part is to treat of matters previous to a Parliament before I speak of matters Sedente Parliamento yet it may be allow'd in respect I make no other present use of it than to inlighten the Readers with the Characters of such Persons and Degrees as are to have Writs of Summons to sit there according to that Act and therefore I shall first shew a Transcript of that Act then some Observations upon it and then give some short discourses of the Noble Degrees therein mention'd in order to their Writs which shall distinctly follow The
Transcript of the Act of Predency 31. Hen. 8. Cap. 10. The Act of Precedency 31. Hen. 8. Cap. 10. FOrasmuch as in all great Councils and Congregations of men having sundry Degrees and Offices in the Common-wealth it is very requisite and convenient that an order should be had and taken for the placing and sitting of such Persons as been bound to resort to the same To the intent that they knowing their places may use the same without displeasure or let of the Council Wherefore the Kings most Royal Majesty although it appertaineth to his Prerogative Royal to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom He is nevertheless pleas'd and contented for an Order to be had and taken in this his most High Court of Parliament that it shall be Enacted by Authority of the same in manner as hereafter followeth First It is Enacted by Authority aforesaid That no Person or Persons of what Estate Degree or Condition soever he or they be of except only the Kings Children shall at any time hereafter attempt or presume to sit or have place at any side of the Cloth of State in the Parliament-Chamber neither of the one hand of the Kings Highness nor of the other whether the Kings Majesty be there Personally present or absent 2. And forasmuch as the Kings Majesty is justly and lawfully Supream head in Earth under God of the Church of England and for the good exercise of the said most Royal Dignity and Office hath made Thomas Lord Cromwel and Lord Privy Seal his Vicegerent for good and due ministration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction and for the Godly reformation and redress of all Errors Heresies and Abuses in the said Church It is therefore also Enacted by Authority aforesaid That the said Lord Cromwel having the said Office of Vicegerent and all other Persons which hereafter shall have the said Office of the grant of the Kings Highness his Heirs or Successors shall Sit and be plac't as well in this present Parliament as in all Parliaments to be holden hereafter on the right side of the Parliament-Chamber and on the same Form that the Archbishop of Canterbury sitteth on and above the same Archbishop and his Successors and shall have Voice in every Parliament to assent or dissent as other the Lords of the Parliament 3. And it is also Enacted That next to the said Vicegerent shall sit the Archbishop of Canterbury and then next to him on the same Form and side shall sit the Archbishop of York and next to him on the same Form and side the Bishop of London and next to him on the same side and Form the Bishop of Durelme and next to him on the same side and Form the Bishop of Winchester and then all the other Bishops of both Provinces of Canterbury and York shall sit and be plac't on the same side after their Ancienties as it hath been accustomed 4. And forasmuch as such other Personages which now have or hereafter shall happen to have other great Offices of the Realm that is to say the Offices of the Lord Chancellor the Lord Treasurer the Lord President of the Kings Council the Lord Privy Seal the Great Chamberlain of England the Constable of England the Lord Marshal of England the Lord Admiral the Grand Master or Lord Steward of the Kings most Honourable Houshold the Kings Chamberlain and the Kings Secretary have not heretofore been appointed and ordered for the placing and sitting in the Kings most High Court of Parliament by reason of their Offices It is therefore now Ordained and Enacted by Authority aforesaid That the Lord Chancellor the Lord Treasurer the Lord President of the Kings Council and the Lord Privy-Seal being of the Degrees of Barons of the Parliament or above shall sit and be placed as well in this present Parliament as in all other Parliaments hereafter to be holden on the left side of the said Parliament-Chamber on the higher part of the Form of the same side above all Dukes except only such as shall happen to be the Kings Son the Kings Brother the Kings Vncle the Kings Nephew or the Kings Brothers or Sisters Sons 5. And it is also Ordained and Enacted by Authority aforesaid That the Great Chamberlain the Constable the Marshal the Lord Admiral the Great Master or Steward and the Kings Chamberlain shall sit and be placed after the Lord Privy-Seal in manner and form following that is to say every of them shall sit and be placed above all other Personages being of the same Estates or Degrees that they shall happen to be of that is to say the Great Chamberlain first the Constable next the Marshal third the Lord Admiral the fourth the Grand Master or Lord Steward the fifth and the Kings Chamberlain the sixth 6. And it is also Enacted by the Authority aforesaid That the Kings chief Secretary being of the Degree of a Baron of the Parliament shall sit and be placed above all Barons not having any of the Offices aforementioned and if he be a Bishop that then he shall sit and be placed above all other Bishops not having any of the Offices before remembred 7. And it is also Ordained and Enacted by Authority aforesaid That all Dukes not afore mention'd Marquesses Earls Viscounts counts and Barons not having any of the Offices aforesaid shall sit and be placed after their Ancientry as it hath been accustom'd 8. And it is further Enacted That if any Person or Persons which at any time hereafter shall happen to have any of the said Offices of Lord Chancellor Lord Treasurer Lord President of the Kings Council Lord Privy-Seal or chief Secretary shall be under the Degree of a Baron of the Parliament by reason whereof they can have no interest to give any assent or dissent in the said House That then in every such case such of them as shall happen to be under the said Degree of a Baron shall sit and be placed at the uppermost part of the Sack in the midst of the said Parliament-Chamber either there to sit upon one Form or upon the uppermost Sack the one of them above the other in order as is above rehearsed 9. Be it also Enacted by Authority aforesaid That in all Tryals of Treason by Peers of this Realm if any of the Peers that shall be called hereafter to be Tryers of such Treason shall happen to have any of the Offices aforesaid that then they having such Offices shall sit and be placed according to their Offices above all the other Peers that shall be call'd to such Tryals in manner and form as is above mention'd and rehears'd 10. And it is also Enacted by Authority aforesaid That as well in all Parliaments as in the Star Chamber and in all other Assemblies and Conferencies of Councils the Lord Chancellor the Lord Treasurer the Lord President the Lord
Signet and hath four Clerks to attend its Office the other the Privy-Seal and hath also four Clerks to attend its Office and the third is call'd as I said the Great Seal and hath properly six Clerks to attend it but increas'd to many more The Privy Signet is under the Custody of the Chief Secretary of State the Privy Seal under the Custody of the Lord Privy Seal and the Broad Seal under the Custody of the Lord Chancellor or Lord Keeper so as most matters which concern a declaration of the King's pleasure in writing do take their rise from the Privy Signet and from thence transmitted to the Privy Seal and from thence to the Great Seal to receive its determination 5. But to pass by all private or publick Matters about which these three Officers are concern'd this is certain that the Clerks of these three Offices excluding none in some form or other are concern'd in the Warrants and Writs c. for the Summoning every Parliament 6. When the chief Officer of this Office did pass under the Title of Keeper or Clerk of the Privy Seal most of them were Ecclesiasticks yet having this Office he had his Writ of Summons and Place in the Lords House as may be collected from the Rolls of 15 Edw. 3. when Sir William Keldsly was Keeper of the Privy Seal and 20 Edw. 3. when Mr. Jo. Thoresby was call'd Clerk of the Privy Seal and from 28 Edw. 3. when Sir Michael of Northumberland was Keeper of the Privy Seal Sir being an Epithite given in those days to the Clergy and still in use in the Universities for Batchelors of Arts and from 11 R. 2. and 1 2 H. 4. when Sir Richard Clifford was Keeper of the Privy Seal and these had Writs and from 3 4 H. 6. a Writ was expresly sent Magistro Willielmo Alrevill Custodi privati sigilli and from that time the Rolls and Pawns which speak of them are dormant or wanting to the Pawn of 30 H. 8. when the Writ to John Earl of Bedford is there entred Castos privati sigilli and he being so in 31 H. 8. when the Act was made his Precedency was setled as is therein shewn and there first intituled Lord Privy Seal and so this Officer hath continued in that additional Title of Lord to this time However in the Latin Writs he is styled only Custos privati sigilli without the addition of Dominus and so in the very Pawn of that year and in 36 H. 8. and is no more mention'd in any of the Pawns till 6 and 7 Edw. 6. when John Earl of Bedford was still Custos privati sigilli and from that time those Pawns which are extant do not mention that Officer till 1 Car. 1. when Edward Earl of Worcester was entred Custos privati sigilli and 15 Car. 1. when Henry Earl of Manchester was Custos privati sigilli and had their Writs but in this Pawn of 13 Car. 2. none is mention'd and yet the Lord Roberts was then Lord Privy Seal so as it was an omission of the Clerks as I conceive 7. Most of the Keepers of the Privy Seal as I have observ'd were Ecclesiasticks before 30 H. 8. but since that time this Office hath been conferr'd only upon such as were Temporal Lords above the degree of Barons and not under 8. This great Officer hath also an appartment near the Lords House for his accomodations and sometimes us'd for the Lords Committees as will be shewn 9. These four last mention'd are plac'd in this order in the Lords House whether or not they be of any of the Noble Degrees John Lord Roberts of Truro Lord Privy Seal was Summon'd by Writ of Feb. 1661. See Chap. 2. SECT X. Of the Lord Great Chamberlain of England THE five foregoing Officers of State viz. Vice-Gerent Chancellor Treasurer President and Privy Seal were anciently chosen out of Ecclesiastick Degrees but those which I am now to speak of except the Secretaries being for the most part also Clergy-men were chosen out of Laicks persons of the greatest Merit Fortunes or Families and had their Places as they were annext to the Degrees of the Nobility 2. The learned Institutor saith that if the King gave Lands to a man to hold of him to be Chancellor of England Chamberlain of England Constable of England Marshal of England or High Steward of England c. these Tenures were call'd Grand Sergeanties and these and such like Grand Sergeanties were of great and high Jurisdictions some of them concerned matters Military in time of Wars and some services of Honour in time of Peace 3. This Officer ever was and still is in great Veneration and Use and I conceive though now most of his Imployments are about the King's Court yet the word Camerarius which we call Chamberlain was like to that among the Romans call'd Comes Aerarij and had such relation to the Treasury of the Kingdom as the Chamberlains of London and the Chamberlains of the Palatines of Lancaster and Chester have to their distinct Treasuries of which I shall speak more fully in order as also in my Annotations and I apprehend that these great Officers need not Writs because it is requisite these should be always attending on the Kings Person but when they are otherwise commanded to his Imployments in their Offices and there is scarce any of them especially this but are so glutinated to some Noble Person that it cannot be said whether the Writ be more in respect of the Office or Person that Manageth that Office 4. This Office was injoy'd for many Successions by the Earls of Oxford till Richard the Second by violence took it away the House of Commons 1 H. 4. pray'd the King that it might be restored to Richard then Earl of Oxford being as it was then alledged his due Inheritance yet in 1 H. 6. that King granted it to the Duke of Glocester the 36th of Hen. 8. the Writ was to Edward Earl of Hertford Magno Camerario Angliae and 1 Edw. 6. to John Earl of Warwick Magno Camerario Angliae Afterwards by a Match it was hereditated to the Family of the Berties who after some disputes about the Title did sit in Parliament in the time of Charles the First and this Parliament as Earl of Lindsey and Lord great Chamberlain of England whereby one part which his Lordship is to act as his Predecessors had done is to take care that all things be provided in the House of Lords that may suit with the Grandeur and Conveniencies of the Persons who are there to be imploy'd and for that and other purposes he hath also an Appartment near the Lords House as will be shewn 5. Montague Bertie Earl of Lindsey Lord Great Chamberlain of England was summon'd by Writ Feb. 18. 1661. See Cap. 2. SECT XI Of the High Constable of England IT may be well suppos'd that Constabularius Angliae was instead of Comes stabuli amongst the old Romans which
that Court under a plausible notion of Liberty as may destroy that which they ought to maintain viz. to prevent the Inundation of Rome whereby they bring it to this Question Whether they had better comply with a Foreign Interest which they pretend to hate or their Native Interest which they pretend to love and whether they are not like by concurring with those pretended half Romanists which they do in effect by opposing the English Constitutions to fall into that which they pretend to avoid For these admitting one Error are subject by those delusions to strike upon greater because they who now are only for the Church of Rome against the Court will undoubtedly when they have gain'd their Proselytes be both for the Church and Court of Rome when they have once the Dissenters of the Church of England to be its Opposers for Dissention mounts as naturally to violent Opposition as Conspiracies to Rebellion And now craving pardon for this long digression I shall proceed to the Writs by which the Bishops have been anciently and still are Summon'd to sit in Parliament Cum Praelatis Magnatibus Proceribus giving this Hint That their Summons to Parliament were still in relation to their Baronies and their advancements to other Dignities as well Ecclesiastical as Civil was and is in respect of their great Learning Knowledge Fidelity and Experience in Affairs And now I shall set down the Form of their Writs of Summons both Ancient and Modern SECT XIII The Form of the Exemplar Writ to the Arch-Bishop of Canterbury 15 Edw. 2. EDwardus Dei gratiâ Rex Angliae Dominus Hiberniae Dux Aquitaniae venerabili in Christo Patri Waltero eadem gratiâ Cantuarii Archiepiscopo totius Angliae Primati Salutem Quia super diversis arduis negotiis nos statum Regni nostri specialiter tangentibus Parliamentum nostrum apud Eborum à die Paschae proximo futuro in tres septimanas teneri vobiscum cum caeteris Praelatis magnatibus proceribus dicti Regni habere proponimus Colloquium tractatum Vobis Mandamus in fide dilectione quibus nobis tenemeni firmiter injungentes quod dictis die loco omnibus aliis praetermissis personaliter intersitis ibidem nobiscum cum caeteris Praelatis Magnatibus Proceribus supra dictis negotiis tractaturi vestrumque Consilium impensuri Praemonentes Priorem Capellanum Ecclesiae vestrae Cantuariae Archidiaconos totumque Clerum vestrae Diocesae quod iidem Prior Archidiaconus in propriis personis suis dictum Capellanum per unum idemque clerum per duos procuratores idoneos plenam sufficientem potestatem ab ipsis Capellano Clero habentes uná vobiscum intersitis modis omnibus tunc ibidem ad faciendum consentiendum hiis quae tunc ibidem de communi consilio favente deo ordinari contigerint super negotiis antedictis Et hoc nullatenus omittatis Teste meipso apud Derby 10 Martii Anno Regni nostri quintodecimo Observations THe same reasons which guided me in the 3d. Chapter to begin with a Writ in Ed. 2d time to a Prince of the Blood induced me here also to begin with a Writ of the same Date from the same King to the Bishops and here it may be observ'd that this is the first Writ in the Tower-Record wherein the Praemonentes are added to the Writ for before this Writ in respect of the Bishops Baronies their Writs were in the same Form as to the Temporal Barons of which some are Cited by Mr. Pryn and others but here such of the Clergy as are therein mentioned viz. Priors Archdeacons c. were to be Forwarn'd Cited or Summon'd by the Bishops and yet this Clause of the Praemonentes in their Writs was not constantly us'd in after-times for in some subsequent Kings Reigns since this of Ed. 2. it is omitted but very rarely And so in some Clause Rolls there are Exemplars to the Archbishop but no Consimilars mentioned and likewise an Exemplar to some Temporal Lord but no Consimilars named which doubtless was the Error of Clerks for there are Seal'd Writs of both sorts extant at such times as they were omitted in the Rolls But from Hen. 8. to this time there is no material alteration from this Ancient Form Except in some few particulars which will be shewn in the following Writs SECT XV. The First Writ in the Pettibag amongst the Pawns 21. Hen. 8. is to Cardinal Wolsey Archbishop of York viz. HEnricus octavus Dei gratiâ Angliae Franciae Rex Fidei Defensor Dominus Hiberniae Reverendissimo in Christo Patri Thomae miseratione divina tituli sanctae Cicilliae Trans-Tyburinae Sacrosanctae Romanae Ecclesiae Presbytero Cardinali Archiepiscopo Eborum Angliae Primati Apostolicae ac etiam de Latere Episcopo Wintoniensi nec non exempti Monasterii Sancti Albani Commendatorio perpetuo Salutem Quia de advisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parliamentum nostrum apud Civitatem nostrum Londini tertio die Novembris proximo futuro teneri ordinavimus ac ibidem vobiscum ac cum caeteris Prelatis Magnatibus Proceribus dicti Regni nostri Colloquium habere tractatum Vobis sub fide dilectione quibus nobis tenemini firmiter injungendo mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dictis die loco personaliter intersitis nobiscum cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractaturum vestrumque Concilium impensur ' hoc sicut nos honorem nostrum salvationem defensionem Regni Ecclesiae supra praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Praemonentes tam Decanum Capitulum Ecclesiae vestrae Ebor ' quam Prior ' Capit ' Ecclesiae vestrae Wintoniae nec non Archidiaconum totumque Clerum vestrarum diocesium praedictarum quod iidem Diaconus Prior nec non Archidiaconi in propriis personis suis ac utrumque Capitulorum praedictorum per unum idemque Clerum per duos procuratores Idoneos plenam sufficien ' potestatem ab ipsis Capitulis Clero divisim habentes praedicto die loco personaliter interserint ad consentiendum hijs quae tunc ibidem de Communi Concilio dicti Regni nostri divina favente Clementia contigerint ordinari Teste meipso apud Westm ' nono die Augusti Anno Regni nostri vicesimo primo Consimilia brevia dirigenda Archiepiscopo Canturiensi Episcopis subscriptis sub eadem dat' viz. Reverendissimo in Christo Patri Gulielmo eadem gratiâ Archiepiscopo Canturiensi totius Angliae Primati Cutberto Episcopo Londin D. Johanni Episcopo Exon. D. Nicolao Episcopo Elien D. Johanni Episcopo Lincoln D. Laurentio Episcopo Sarum D. Johanni
on a special account of Absence and then it was performed by one of the Chief Justices 5. But to pass these being more fully shewn in my Annotations I do not find in any of the Clause-Rolls or in the Pettibag-Pawns that a Chancellor or Keeper had any distinct Writs of Summons to a Parliament till the 28. of Eliz. when Sir Tho. Bromley Knt. being the Queens Sollicitor was made Lord Chancellor and Summoned by a distinct Writ in the same Form as is hereafter set down which very Form hath continued ever since And in the 35. of Eliz. Sir John Puckering being but Serjeant at Law was made Custos Sigilli and had a particular Writ of Summons to that Parliament and in the 39. of Eliz. Sir Tho. Egerton Knt. being then Master of the Rolls was made Custos Sigilli and had this assisting Writ of Summons for that Parliament and the like in the 43. of her Reign and so in the 21. of King James and in the First of Caroli Primi particular assisting Writs were sent to the Bishop of Lincoln in these words Reverendo in Christo Patri praedilecto fideli Consiliario nostro Joanni Episcopo Lincolniae magni sigilli Angliae Custodi So as he had this Writ as an assisting Writ and another Writ virtute Baroniae 6. It may here be observed that this was the only Bishop that was either Keeper or Chancellor from the First of Eliz. to this time whereas before Queen Eliz. for the most part Bishops or Ecclesiasticks did execute those Offices but whenever it was conferred upon the Laicks choice was made out of the most eminent Families as in the 26. of Hen. the Second as I said Gessrey Natural Son to Henry the Second was made Chancellor and in the 15th of King John Ralph de Nevile was made Keeper of the Great Seal and in 22. of Henry the Third Geffrey a Templer and John de Lexington were made Keepers of the Great Seal and in the 37. of his Reign his Queen upon the Kings going into Gascoine which is remarkable as I said had the Custody of the Great Seal and in the 45. of that Ring Walter de Merton was made Chancellor and in the 49. of that King Thomas de Cantilupe was made Chancellor and in the 53. Richard de Middleton made Custos Sigilli and in the 56. John de Kirkley and Peter de Winton made Keepers of the Seal and in the 2. of Edward the Third Henry de Bughersh made Chancellor In the 14. of Edw. the Third John de St. Paul made Keeper of the Seal in the same year Sir Robert Burgtheire Knt. made Chancellor and Keeper of the Seals and the like in the 15th to Robert Parning and in the 17th to Robert de Sadington and in the 19th to John de Offord and in the 20. to John de Thoresby In the Records of the same year it is said that Sir Lionel Duke of Clarence the Kings Son then Lord Keeper of England gave Command by Proclamation That no Arms should be worn sitting that Parliament whose name is omitted in the Catalogue of the Lord Keepers by Mr. Selden in his Discourse of the Office of Chancellor and Keeper and in the 45. to Sir Robert Thorpe and in the 46. to John Knivet and in the 2. of Rich. the Second to Sir Le Scroop and in the 6. of Rich. 2. to Sir Michael de la Pool and in the 11. of Hen. 4. to Sir Thomas Beaufort and in the 32. H. 6. Richard Earl of Salisbury was made Chancellor singly and in the 21. of Hen. the Eighth Sir Thomas Moor Knt. made Chancellor and Keeper and in the 24. of Hen. the Eightht Thomas Audley made Chancellor and Keeper and in the 36. Hen. 8. Thomas Lord Wriothesly made Chancellor and Keeper and in the First of Edw. the Sixth Sir William Pawlet Knt. Lord St. John of Basing made Keeper and in the same year Sir Richard Rich made Chancellor and in the First of Eliz. Sir Nicholas Bacon Keeper and the 21. Thomas Bromley Chancellor who continued so to the 28. of her Reign and was the first that I find as is before mentioned that had a particular Writ of Assistance and though in the Fourteenth of King James Sir Francis Bacon was Keeper in the Eighteenth of Jac. Henry Viscount Mandevile Lord President of the Council and Lodowick Duke of Richmond William Earl of Pembroke Sir Julius Caesar had jointly the Custody of the Great Seal and in the first Car. 1. Sir Thomas Coventry and in the 16. Car. 1. Sir Edw. Littleton and 21. Car. 1. Sir Rich. Lane were Keepers of the Great Seal yet we find no particular Writs in the Pettibag directed to any but such as I have before mentioned and to these which follow viz. in 15. Car. 1. Sir John Finch Knt. Chief Justice of the Common-Pleas was made Custos Sigilli and had a particular Writ of Summons to attend that Parliament 7. As to this Writ of 13. Car. 2. of which I am to treat it is to be observed that the Warrant before mentioned sent to Sir Edward Hyde Knt. and Chancellor to impower him to send out Writs was directed in these words To our Right Trusty and Well-beloved Counsellor Sir Edward Hyde Knt. Chancellor of England but in his Latine Writ of Assistance the words are Praedilecto perquam fideli Consiliario suo Edwardo Domino Hyde Cancellario suo Angliae leaving out Militi or Equiti aurato and putting in Domino and the reason of this variation as I conceive was That the Warrant was agreed on by the King and Council before the Third of November at which time he was Baron of Hindon and therefore in the Warrant he is named only Sir Edward Hyde Knt. but in the Writ Domino Hyde which is the Adjunct Title of a Baron as he then was and I find before the Parliament met he was created Viscount Cornbury and Earl of Clarendon and thereupon had another Writ in relation to those Dignities which was entered in the Pawn and the entry dated the 12th of April before the Parliament met and in the latter Writ he had also his additional Titles so that I observe that if the Chancellor or Keeper be above the Degree of a Baron he hath his Writ according to his Degree and therein only intimating his Chancellorship or Keepership as is before shewn in the 36. of Hen. the Eighth 1 Mariae c. But if he be not a Baron then he hath this Assisting Writ Quatenus Chancellor or Keeper as may be seen in the former Precedents from the 28. of Eliz. to this Writ of 13. Car. 2. If he be a Baron as I said he hath or may require a Baronial Writ besides this Assisting Writ The form of his Assisting Exemplar Writ is as follows the other will be seen among the Barons SECT VIII The Form of the Assisting Writ to the Lord Chancellor or Lord Keeper CArolus Secundus Dei Gratia Angliae
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 '
stand fair but if divulged they are sure not only to lose the credit of the Event but double the disrepute if both be bad Herein some men are naturally of a more reserved temper than others however those are only fit to be Counsellors and Secretaries of State who have no Windows in their Breast that is no such transparent Eyes as men may easily see their disposures of Affairs but can wisely keep the Secrets of State from other mens Inspections and in Parliaments I conceive such Tempers are very useful for if the People Trust them they do well in performing their Trust but appealing again to the People shews a diffidence in their own Judgments Thus having shewn the Kings Warrant in the Front and the Secretaries Writ in the Rear and fix't the Noble Lords betwixt those who manage the Laws Divine and those who are Assistants in Human Laws and run through the most constant Writs which are us'd for Summoning such as are to fit in a Parliament either as Essential or Assisting Members thereof I should now proceed to the House of Commons but I shall crave leave First To speak of some accidentall Writs for Assistants Secondly Of the manner of return of all the aforesaid Writs Thirdly Of such as sit there without Writ or Patent Fourthly Of such as sit there only by Patent and Fifthly Of some other Officers who are imployed there by vertue of Patents CHAP. XIV Of Consimilar Writs and Patents upon Emergent occasions 1. I Find in Mr. Prins Breviary That he cites many Records long before Henry the Eighth which I shall not examine because some of them have been so long disus'd Of Knights Justices of North Wales Treasurer of Carnarvan Treasurer of the Kings House Chancellor of the Exchequer Deans Archdeacons Escheators and one Magister Thomas Yong which he takes to be a Master of Chancery that have been Summon'd by Writ to sit in Parliaments in the Lords House but since Henry the Eighth in the Pettibag several Writs of Assistants were issued as I have shewn in the 11th Chap. Sect. 9. to shew the Kings Power some of which were Professors of the Law and some not 2. There was another Writ viz. to the Warden of the Cinqueports which was not constant but occasional for sometimes it was directed to an Earl and sometimes to some one Person under the Degree of a Baron yet by vertue of the Writ he was impowr'd to sit in the Lords House but since Henry the Fourths time when that Office was supplied by the Prince of Wales after called Henry the Fifth who had a Writ with the addition of Guardian ' Quinque Portuum that Trust hath been committed to some one of the Blood Royal and from that Writ other Writs are derived to all the Cinqueports But in respect this Writ as to a Parliament is mostly concern'd about Election of 16. Members to serve in the House of Commons I shall refer the Discourse of it to the second part in that Chapter which particularly treats of the Cinqueports 3. If at any time the Lord Chancellor or Lord Keeper be absent upon just occasion as when the Lord Keeper Bridgman in this Parliament was Sick a Patent was made for Sir John Vaughan then Lord Chief Justice of the Common Pleas to supply his place and the like to Sir Francis North Chief Justice of the Common Pleas also c. and though for the most part this happens in time of Parliament yet because it may happen between the time of Summons and the Sitting of a Parliament which is the chief design of this part of this Treatise I have thought fit to enter the form of that Patent in this place rather than defer it viz. CHARLES c. To Our Right Trusty and Welbeloved Sir Francis North Knt. Chief Justice of Our Court of Common Pleas Greeting Whereas Our Right Trusty and Welboved Councellor Heneage Lord Finch Our Lord High Chancellor of England is often so infirm that he is not able constantly to attend in the upper House of this Our present Parliament now holden at Westminster nor there to supply the room and place in the said upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you And by these Presents do Name Constitute and Appoint and Authorize you from day to day and from time to time when and so often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said upper House to Occupy Vse and Supply the said room and place of the said Lord Chancellor in the said upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence and then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if if he were there personally present Vsing and Supplying the same room Wherefore We Will and Command you the said Sir Francis North to attend to the doing and execution of the premisses with Effect and these Our Letters Patents shall be your sufficient Warrant and Discharge for the same in every respect In Witness whereof We have caused these Our Letters to be made Patents Witness our Self at Westminster the Nineteenth day of March in the Nine and twentieth Year of our Reign Per ipsum Regem propria manu Signat And having now dispatch't all the Writs and Patents which concern the Summoning of such as sit in the Lords House it is proper to shew the manner of returning of those Writs which is usual in all Courts and ought to be strictly observed here CHAP. XV. Of Returns of Writs relating to the Summoning of such as are to Sit in the Lords House IN all Judicial Courts from whence Writs do issue there is care taken for their due Returns as may be seen in Fitz Herbert and such Authors who have treated of the nature of Writs and their Returns but none of them giving a full account of Parliament Writs and Returns gives me occasion to insert this Chapter As to the Return of the Writs to the Lords Spiritual and Temporal and Assistants they ought by every individual Person who had a Writ to be deliver'd to the Clerk of the Parliament before the House Sit or immediately upon their Entrance into the House at the Table and by the said Clerk they are to be kept with the Records of that House By the omission of this method many inconveniencies have and may happen to their Successors or Posterity and therefore it is wisht there were more care taken in their due Returns to which they may be incourag'd being of so little trouble in the performance But as to the