concedo G. de M. pro servitio suo heredibus suis post eum hereditabiliter ut sit Comes de Essexia habeat tertium denariorum Vicecomitatus de placitis sicut Comes habere debet in Comitatu suo So here was both the Honor the Service and the Reward mention'd in less then thirty words There is nothing alledged for the length of these Patents but that the latter Ages as 't is said are more cautious than the former and that abundans cautela say we non nocet which occasions an abundance of words more than anciently were in use As to the sinalness of the Creation-Money those who have taken pains in Writing about raising of the price of Money both Gold and Silver since Edward the Third's time tell us That there are three ways of raising it First By encreasing the Value of it that is by giving more parts to it than originally it had as by ordaining an Angel of Gold to be valued at a 11 s. which was Coin'd for 10 s. or a Shilling to be valued at 14 d. The Second By diminishing the Matter but leaving the same Name and Value to the Money which it had before as when Angels or Shillings are Coin'd by the same Name and Value as before but diminished some Grains in the weight or if new Names be given to them and the same Value retain'd but the weight diminished for in this case there being really less Gold or Silver in weight in the price than was before and the value remaining the same this Silver and Gold which remains hath an high price set upon it The Third is When the Value remaining the same of the Species of Money and the Weight the same the fineness is abated by putting more Allay to it so as really then there is less Gold or Silver in fineness for it is supply'd by Copper which is usually the Allay to either whereby the Weight is made the same as before but the Fineness so much less They further tell us That the Causes of these Allays are first the Gain which the States make by it the better to supply themselves in their necessities for Money the other Cause is an Art which all States do frequently use as it were to rob one another of their Money by vying one upon another who shall raise their Money highest and this occasions the raise and fall of Exchanges of Money among our Merchants which is a Mystery worth the knowing by every one that serves in Parliament thereby to prevent Injuries and to maintain the Honour and Profit of our Kingdom But whatever uncertainties are in the raise or fall of Money this is certain That 20 l. per Annum in those days did go as far if not farther in managing Mens occasions where Money was to be us'd as 200 l. per Annum now and one great Reason was Because in almost all matters of Wars or Peace the Tenants were obliged by their Tenures to supply their Lords especially in Provisions for Hospitality and Labour without Wages or very little so as a little Money was lookt on as a great Reward as may be seen in the Tenure of the Lord of the Mannor of Carlton in Norfolk who is oblig'd every year with himself and his Servants to present to the King a certain number of Herrings from the City of Norwich with which the Town of Tarmouth are oblig'd by their Patent to supply that City for that purpose and after three days stay upon delivery of the Herrings to the King the Lord of Carlton is to be presented by the Master of the Green-Cloth with a Groat to buy him a pair of Gloves as a full Recompence of his Trouble and this continues to this day So as if we look upon the gift of 20 Mark or 20 l. according to the present Adequation of Money to the rates of other things it may seem a Sum derogatory to the Honour of the King that gives it as to him that receives it and therefore it must be considered as the Groat a Gift of Antiquity Noble and Liberal in its first Intention but had the large Encomium to it before recited been as ancient as the Gift I should not at this time have taken notice of its exuberancy However in pursuance of my Design these Patents of Creations do intitle them where to sit in the Lords House c. Thus having done with the Patents which concern the Lords Spiritual and Temporal I intended to have writ something here concerning the Antiquity and present Use of Seals and Labels to Patents and Writs and of various Superscriptions to the Lords and Commons c. as also of Wax Parchment c. as necessary Utensils for carrying on the Constitution of a Parliament but I shall reserve the Discourse of them till I have past through the Parliament-Writs as well concerning the House of Lords as House of Commons and convocation-Convocation-Houses and so now proceed to the General Titles given to the Grandees of the House of Lords viz. Nobles Lords and Peers CHAP. XI Of Nobles Lords and Peers I Have past through the four first Exemplar Writs in the Pawn concerning the Lords Spiritual and Lords Temporal and given an account also of so much of their Patents of Creations as relate to Parliaments But in respect these Nobles are sometimes call'd Lords and sometimes Peers and thereupon the very place where they sit in their High Judicatory is call'd the House of Lords or House of Peers I think fit to hint some few Memorials before I proceed to the Fifth Exemplar of Assistant Writs 1. It is agreed by all Inspectors of Words that Lords and Peers are of the same signification with us that Domini and Pares had with the old Romans so as we and the French are equally beholding to the Latin for them but when the word Dominus was chang'd into the word Lord having no more affinity of sound or Orthography than Comes and Earl or when Pares into Proceres of a nearer sound may be a question but it may be sufficiently evident that the word Lord was the Abbreviation of Louerd which the Saxons at their first coming about the year 448. used here instead of Dominus 2. As for the word Peer we commonly use it as signifying a Defence as Dover-Peer and Yarmouth-Peer c. which is from Petra a Rock which the French write Pierre and we Peer these Artificial Peers being made in imitation of Rocks to defend the Land against Inundations and it may very aptly allude to the Noble Peers in Parliament who are the Rocks or Peers of our Safety 3. To pass this it is allow'd That Pares in Latin Paires in French and Peers in our English Dialect are all three words of the same sence signifying Parity or Equality and as the French had it from the Romans by whom they were call'd Pares Curiae viz. Qui ab eodem domino feudum retinent so we had it from the French who
Curiae Cancellariae but whether it was the same Office which is now executed by the Masters of the Chancery Non Constat however they were then under the notion of Clerks in an Ecclesiastical sence but as Writs were sent to Clerks or Ecclesiasticks with the Title of Magister so in Henry the Fourths time and not before there were Writs sent to Laicks with that Title and those were Persons of high Quality viz. in the 2.3 and 6. Hen. the 4th Magistro Thomae de la Ware sometimes call'd Ware and Warre to attend those Parliaments and the same Thomas was also Summon'd to the Parliaments of the 1.2.3.4.5.7.8 and and 9. of Hen. the 5th Magistro Tho. de la Ware and so to the 1.2 and 3. of Hen. the Sixth but in the second Parliament of that year Mr. De la Ware was not Summon'd but one VVrit was Magistro Johanni Stafford Thes Angliae and another VVrit Magistro Willielmo Alremith Custod privati Sigilli But in the 4th and 6. of Hen. the Sixth both those were left out and the same Magistro Tho. de la Ware Summond again and for brevity passing to the 36. of Hen. the Eighth and then it was expressly Roberto Bows Mil. Magistro sive Custod Rotulorum Cancellariae being then also chief of the twelve Masters of Chancery However Sir Edw. Coke saith they are Assistants to the Lord Chancellor or as the Manuscript saith Cojudices and thereupon ex Officio do sit in the Lords House and the antiquity of the Places allotted them there as will be shewn and their Imployments in every Parliament makes their attendance a kind of Praescription And now I proceed to such as sit in the Lords House by Patent only without Tenure VVrit or Praescription CHAP. XVII Of the Clerks of the Lords House HEre I am to speak of such as have places allowed them in the House of Lords by vertue of Patents only and first of the Clerks This Title of Clerk from Cleros when the Clergy had by reason of their great learning the guidance of Civil Offices was given as an honour to them and most of the great Offices as the Privy Seal Master of the Rolls c. had the Titles of Clerks but now that Title remains to a lower sort of which there are 26. in number who still retain that Title The first as to the Progresses of Parliament is the Clerk of the Pettibag which is under the Conduct and within the Patent of the Master of the Rolls who is the chief of all the Clerks in the Lords House of which Office I have spoke in that Section of the Rolls and in other places 2. The Clerk of the Crown in the Chancery call'd Clericus Coronae in Cancellario in his Patent of whom I have also spoke cursorily in several places is an Officer to whose care many great things are committed which may be read in Compton and others but as to what concerns this Subject I must again remind that all Parliament VVrits which are sent from the Pettibag are return'd and kept by the Officer so that the Pettibag gives as it were the beginning this the continuance and ending to a Parliament So as this Clerk of the Crown hath three Capacities Before the Sitting of a Parliament to receive returns of VVrits which were issued from the Pettibag And in Parliament to take care according to directions for the issuing of Writs in case of change or mortality And in the Lords House he first reads the Titles of all Bills to be presented to his Majesty of which and other parts of his Duty I shall speak more 3. The third Clerk is term'd in his Patent Clericus Parliamentorum because he is Clerk in all Parliaments during his life his imployment here being only conversant about the Affairs of Parliament Now in respect that all Bills and Matters of State have here their result in the Lords House he is the proper Keeper of such Records for the Lords House is a Court of Record and to that end his Books are fairly writ exactly compos'd according to the very words and sence of that House and constantly perus'd by some Lords appointed for that purpose as well for his own justification as others satisfaction He hath also an Assisting Clerk allowed him who is of great use and ease to him both of them being well grounded in learning experience and ability in the safe expediting the concerns of that House which hath both an Ocean of VVisdom and curious Rivolets of Honorary punctilios not to be omitted by them somewhat different from all other Courts he hath also a Reading Clerk allowed him who likewise attends the Lords Committees and these are all the Clerks which constantly attend in the Lords House and are within the Bar. 4. Of the Clerks of the House of Commons I shall speak in the second part 5. As I have shewn the Imployments of the Clerks of the Crown Office in Chancery so to prevent misapplications it is fit to shew the Imployments also of the Clerk of the Crown Office in the King's Bench who is no constant attendant in this House or in the House of Commons but only upon contingencies and then by Order but more especially in the Lords House for producing reading and managing Records concerning VVrits of Error Habeas Corpus c. of which I shall speak in order but his most eminent Imployment is upon the Tryal of Peers as will be shewn Of the 26. Clerks before mention'd who still retain that Title these five which I have named are the chief which are imployed in Parliamentary Matters but of the other 21. which may be seen in Lambert Fitz Herbert c. neither the six Clerks in Chancery being Officers of Eminency imployed in that Court bearing that Title nor are the other Clerks which are imployed also in that Court in the least as I know of ingag'd in the Fabrick of Parliaments Note that those five Clerks whom I first mention'd have places allotted them within the Bar of either House as I said And now I must speak of other Attendants of another nature viz. the Gentleman Usher of the Black Rod and the Serjeant at Arms. CHAP. XVIII Of the Gentleman Vsher of the Black Rod. THere are but three ways by which the House of Lords do send any Message to the Commons of two of them I have spoken viz. by some of the Judges or by some of the Masters of Chancery and the King also uses two ways viz. by his Secretaries or some of the Privy-Council when they are Members of the House of Commons both upon ordinary and extraordinary occasions or for attending his Person upon Addresses c. But when he hath occasion to Command the House of Commons to attend him in the House of Lords he only sends this Officer the manner of which Ceremony I shall shew in order He is call'd the Black Rod from the Black Staff or Rod about three foot long tipt with
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
but of the Majores now in their Order which consist of 5 Degrees besides those of the Stem Royal of which I have spoke and first of Dukes SECT II. Of Dukes BEfore I proceed to the Writs of Summons to the Individuals of these Degrees Obs I. I shall give a brief description of the nature of them and first as for the word Duke it is the same with Dux in Latin from Duco to lead for they were antiently Leaders of Armies and thereby gain'd that Title as might be shewn from Histories and were it not for hindering my other intentions I might recite most of the Learned Seldens Authorities which he hath rendred from other Authors concerning Dukes but in short he tels us that Comes i. e. a Count or Earl was esteemed of an higher quality than Duke and that Earl was chief in Matters Civil and Duke in Matters Military but in process of time the Sword got the upper hand and prioritie of Earl and further saith that both Dukes and Earls from Substitutes to their Princes in certain dependent Territories became afterwards Soveraigns as the great Duke of Tuscany c. and the Earl of Flanders c. still owning the Titles of Dukes or Earls though they had gain'd an intire and independent Soveraignty 2. The diversity of Names attributed to Dukes both in sacred prophane and modern stories were according to the humour of the region where they sway'd for in some Nations he was call'd Princeps Magnus Illustrissimus Robustus Millenarius that is a Duke or Leader of a Thousand Men in other Countries Grave Waiward and Despot and still the words Duke and Earl promiscuously us'd to one and the same Person but whatever they were or are in foreign parts Dukes are now in England accounted the chief and most honourable Subjects and first Degree of Nobility except Princes or Dukes of the Blood-Royal and as a distinction from the rest is call'd Grace given to no other Spiritual Lord but the Arch-Bishops of Canterbury and York and to no other Temporal Lord except to the Lord High Steward pro hac vice upon tryal of Peers for the Princes and Dukes of the Blood are intituled Highness and all the other Temporal Lords Right Honourable but any of those being Admiral or General Excellence 3. The Title of Duke was very probably us'd here in England before Edward the Third's time for History tells us of Asclepiodolus Duke of Cornwal in Anno Christi 232. which was in the time of our old Britains and well might he be call'd Duke for disgarrisoning of all the Roman Holds Prideaux Introduct to Hist and for his quick Marches to London and killing the Governour thereof and for many other Heroick Actions in freeing his Country from their Servitude However there were many Dukes Created in Germany about that time But our History tells us That none was Created a Duke in England Selden Speed 's Acts. till 11 Edw. 3. An. Christi 1344. when the King in Parliament Created his eldest Son Edward being first made Earl of Chester then Duke of Cornwal and from thence that County was erected to a Dutchy or Dukedom and many more Dukes both in that King's time and almost in every Kings Reign since that time have been Created to that Title 4. The Dukes of England are of two sorts first those of the Blood Royal i. e. such as have a possibility to inherit the Crown upon a legal succession 2dly Those not of the Blood Royal i. e. such as are not related to the Succession of the Crown or at least so remote that it is not visible to meer probability and these two sorts have sat in former and in this Parliament as will be shewn 5. As they are distinguish'd in their Titles so they are also in their Coronets Robes and Habits c. with which they are invested before they enter the House of Lords which will be in the third Part of this Treatise represented in Figures 6. Here I must not pass over one observable That to this Parliament of 13 Car. 2. there were three Dukes summon'd by Writ viz. George Duke of Buckingham Charles Duke of Richmond and George Duke of Albemarle the Duke of Buckingham was then Master of the Horse the Duke of Richmond of the Blood Royal by the Scotish Line yet neither of those two appendant Titles were mention'd in their Writs but George Duke of Albemarle in his Writ is intituled Generalis exercituum suorum and is plac'd the third in that Record and the reason may be because there was no provision for that great Office in the Act of Precedency whereby to preceed all of the same degree as other degrees do being a Title not mention'd in the Act though on some occasions he preceeds by vertue of his Office the other grand Officers and so being not in the Act he is named in this Pawn the last of the three Dukes without respect to his Office of Generalship Nor do I find in any Clause Roll or Pawn the Title of General annext in any Parliament Writ to any one of the Degrees except this though History does plentifully furnish us with several persons of those several Degrees who were Generals when Parliaments were summon'd and yet as I said there is no provision in this Act for the Place or Precedency of this great Officer as there is for the Marshal Admiral c. although his great merits might well have deserv'd an additional Clause to that Act for his precedency 7. Three Dukes were summon'd 18 Feb. 1661. as in the Pawn vide cap. 2. The next Degree to Dukes are Marquesses SECT III. Of Marquesses THe third Degree of the Hereditary and fixt Nobility is intituled Marquio Obs I. and Marquess in English which began in Germany Anno Christi 925. when Henry Emperour of Germany and the first of that Name in that Empire Created Sigefred then Earl of Kinglesheim Marquess of Brandenburgh who after in the Year 1525. having the addition of Duke of Prussia did exchange the Title of Marquess to be call'd Duke of Brandenburgh However he was the first Marquess of that Empire and probably the Emperour did fix this Title between the Dukes and Earls that there might be no more disputes concerning them for the two Titles of Duke and Earl were promiscuously us'd till this Title of Marquess was interpos'd and the same reason might also occasion Philip the Fair King of France 425 years after viz. Anno Christi 1350. to insert into John Duke of Britain's Patent Vt ne posset saith the Patent in dubium revocari Ducem ipsum qui Comes fuit aliquando c. ut Ducem in posterum deberet vocari c. and the reason is therein given Selden Quod Comitatus ejus potius debet duci esse Ducatus quam Comitatus quoniam sub se habet decem ultra Comitatus and 56 years after viz. Anno Christi 1386. This might occasion also our Richard
and die in that Persuasion But he did not think himself safe in carrying on so great an opposition as was like to be well knowing how the Papal Interest was dispers'd in all Kingdoms and States of Europe till he had incouraged the off-spring of the Waldenses and other opposers of Rome in France Germany and in other Kingdoms and States to revive their Doctrines as also to imbrace the Lutherans Centum Gravamina and the Calvinian Institutions and others less remarkable yet all serving to his purpose whereby in a few years after almost all Christendom was brought into a Papal and Antipapal Ballance or rather consisted of Professors of the Roman Religion and Protestors against both the Court and Church of Rome as Usurping and Antichristian 10. But on the other side the Pope seeing that he could not by forcible ways withstand this almost universal desertion of him he made his Applications to several Kings and Princes for his assistance And at last by a more plausible way he did obtain a Council of Trent wherein it is observable That he did not think fit to move in his Point of Supremacy till after eighteen years that That Council had been sitting by Adjournments and Prorogations and then the Question was That Episcopus Locum principalem teneret à Pontifice Romano dependentem to which the opposers did so far comply that they allowed principalem Locum sub Romano Pontisice but not dependentem so after that Council had sate nineteen years in the sixth of Queen Elizabeth it was dissolved by 4 Legats 20 Cardinals 3 Patriarchs 25 Archbishops 168 Bishops 7 Abbots 39 Proctors and 7 Regulars of General Orders without Determining that Point to the satisfaction either of England or other Kingdoms and States the Dispute of which begot 7 Civil Wars in France which lasted near 40 years till within 3 years of Queen Elizabeths Death also Inquisitions in Spain and Flanders Tumults and Wars in Germany and near 40 years Wars in the Netherlands between them and Spain and for some few years Fire Fagots and Insurrections in England 11. In this Hurly Burly about Supremacy H. 8. left his Crown to an Infant Edward the 6th Ed. 6. who had the Laws against Rome corroborated and his Revenues augmented by Chappels Chantries c. enjoying them but few years and then the Pope revived fresh experiments by Queen Mary Mary to reverse all especially after she was Married to King Phillip compelling a submission to the Popes Supremacy by Fire and Fagots so as in H. 8. time and even till now upon the suddain Changes of Religion it might be said by the Historian Deus bone hic suspenduntur Papistae illic comburuntur Antipapistae but her time being short the Supremacy was once more reverst and taken up by Queen Elizabeth Eliz. who managed it with such dexterity considering the conjuncture of Affairs in this and other Kingdoms and States that it was needless for the Pope to make any open Attempts but by Mariages Foreign Negotiations and the assurances given by some of the chiefest Nobility and Gentry of the Roman persuasion in this Kingdom who were as they pretended for the Church and not for the Court of Romes Supremacy of their peaceable resolutions the Billows of penal Laws seem'd to be calmed and this Kingdom thought it self as secure as the pretty Halcion in her Nest But those who kept to Calvins Institutions in England and Scotland were finely yoak't together to a disturbance for it being insinuated to them That the Title of Supream Head of the Church given by Act of Parliament was declined and dwindled into an c. and that the Title of Defender of the Faith given by the Pope did only remain with an c. made them call to mind what was alledged in the Council of Trent That the original of Church-Government was Aristocratical and Governed by a certain number of the Presbytery and afterwards it was thought fit to put it into a Monarchical way viz. by a Bishop as Superintendent and finding that the Popes and Kings of England and other Princes had long disputed about this Ecclesiastical Monarchy without determination only in a connivance they thought it convenient to return to the Primitive way of Aristocracy and set up Presbytery that original Government as was pretended and thereupon one all cried against Bishops which bravely workt for the Papal interest the clamour proved so geat that the Learned King James did what he could by Writing to quiet them his unfortunate thought Blessed Son King Charles the First tried it by Action but without Success For the Independent Anabaptist Fifth Monarchy-Men and others coming into the Presbyters assistance he was necessitated after the Wars with Scotland upon the same grounds amongst other condescentions to yield with the Consent of the Lords Temporal 17. Car. 1. and Commons and pass an Act for Abolishing the Bishops temporal Jurisdiction in this Kingdom Now see what followed instead of making of Earls Knights and Squires and maintaining of Hospitals as was proposed to Richard the 2d as I said the Bishops were not only put out of the House of Lords but the Temporal Lords soon after and the Knights and Squires secluded from the House of Commons and the Hospitals and all ruined by an intestine Bloody War the King Sacrificed and every one of the Machineers disappointed of their original plausible intentions and in conclusion by most miraculous Turns in Assairs there was a total submission to a Reestablishment of that Form of Church and State which they had before so zealously overthrown and the Bishops again brought into the Lords House 12. I should now proceed to the Writs which impowred the Bishops to sit in the Lords House but first I think it pertinent to shew how these two Titles of Fidei Defensor Caput Ecclesiae Anglicanae were used disused and altered in theirs and other Writs Though all the Kings of England at their Coronation are Sworn to defend the Christian Faith and the words defensionem Ecclesiae Anglicanae having been in most Parliament-Writs since the 11th of Edward the 3d. Yet the Pope as I said for the good Service which Henry the 8. had done in Writing against Luther sent him a Bull and therein intituled him Defensor Fidei with this Caution that it should be placed next his Title to France and before his Title to Ireland and it may be observed That in the same year he sent the like Bull to the Emperor Charles the 5th intituling him also Defensor Fidei upon which the Emperor took an Oath not only to be Defensor Fidei but Defensor Pontificiae dignitatis Romanae Ecclesiae i. e. Defender of the Court and Church of Rome But Henry the 8th though he accepted the Title did not think fit to be bound by an Oath nor do I find that he stiled himself in any publick Acts Defensor Fidei till the 2.1 of his Reign and then in a
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
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
either Houses and when they are fixt in both Houses I shall give an account of the most material passages as to the renewing of Writs for supply of Members and other distinct Operations considered as an House of Lords or an House of Commons and in their joynt Operations as Lords and Commons Assembled in Parliament and then of their compleat Operations as an intire Parliament consifting of the King and the three Estates viz. the Lords Spiritual the Lords Temporal and the Commons and this is more particularly evident when by passing of Acts the King confirms what those three Estates do joyntly Operate And so I conclude with the Kings power of Summoning Adjourning Proroguing and and Dissolving of this and all other Parliaments and what is to be done with Records Laws c. after Dissolution of any Parliament And because I could not well reduce the copious matters of so large a Subject into my Discourses or observations I shall hereafter add some Annotations as Explanitories and Enlargements to many things which are necessary or convenient to be enlarged or explained AN APPENDIX Being A Diary of the several Sessions of the publick Adjournments Prorogations and Proclamations relating to the Parliament which was Summon'd the 18th of Feb. 1660 1 and Disloved the 24th of Jan. 1668 9. THE Kings Warrant and Writs of Summons for that Parliament were dated the 18th of Feb. 13 Car. 2d 1660. Proclamation contain'd in those Writs 1660. to meet att Westminster the 8th of May following Session the 8th of May 13 Car. 2d 1661 at Westminster continued to the 30th of July following Acts Publick 19. Private 21. 1661. Adjourn'd the 30th of July 13 Car. 2d 1661 to the 20th of November following Session the 20th of Novemb. 13 Car. 2d 1661 continued to the 19th of May 14 Car. 2d 1662. Acts Publick 33 Private 39. Prorogu'd the 19th of May 14 Car. 2d 1662 to the 18th of Feb. 15 Car. 2d 1662 3. The King present Session the 18th of February 15 Car. 2d 1662 3. continued to the 27th July 15 Car. 2d 1663. Acts Publick 17 Private 19 Prorogu'd the 27th of July 15 Car. 2d 1663 to the 16th of March 16 Car 2d 1663 4. The King Present Session the 16th March 16 Car. 2d 1663 4. continued to the 17th of May 16 Car. 2d 1664. Acts Publick 8 Private 10 Prorogu'd the 17th of May 16 Car. 2d 1664 to the 20th of August following The King Present Prorogu'd the 20th of Aug. 16 Car. 2d 1664 to the 24th of Novemb. following By Commission Session the 24th of Novemb. 16 Car. 2d 1664 continued to the 2d of March 17 Car. 2d 1664 5. Acts Publick 12 Private 17 Prorogu'd the 2d of March 17 Car. 2d 1664 5. to the 21st of June 17 Car. 2d 1665. The King Present Proclamation dated the 24th of May 17 Car. 2d for the further Proroguing the Parliament from the 21st of June to a day that shall be fixt at the actual Prorogation thereof Accordingly Prorogu'd the 21st of June 17 Car. 2d 1665 to the 1st of August following By Commission Proclamation dated the 9th of July 17 Car. 2d 1665 for further Proroguing the Parliament from the 1st of Aug. to the 3d. of Octob. following Accordingly Prorogu'd the 1st of Aug. 17 Car. 2d 1665 to the 3d. of October following By Commission Proclamation dated the 10th of August 17 Car. 2d 1665 appointing the meeting of the Parliament at Oxford in respect the Plague was then at London Accordingly Prorogu'd the 3d. of Octob. 17 Car. 2d 1665. at Oxford to the 9th of the same month and place By Commission Session at Oxford the 9th of Octob. 17 Car 2d 1665 continued to the 21st of the same month Acts Publick 9 Private 1 Prorogu'd the 31st of Octob. 17 Car. 2d 1665 to meet at Westminster the 20th of Feb. 18 Car. 2d 1665 6. The King Present Prorogu'd the 20th of Feb. 18 Car. 2d 1661 at Westminster to the 23d of April 1666. Proclamation dated the 23d of April 18 Car. 2d 1666 for Proroguing the Parliament to the 18th Sep. following accordingly Prorogu'd the 23d of April 18 Car 2d 1666 to the 18 of Sep. following By Commission Session the 18th of Septemb. 18 Car. 2d 1666 continued to the 8th of Feb. following Acts Publick 5 Private 5 Prorogu'd the 8th of Feb. 19 Car 2d 1666 7. to the 10th of October 1667. The King Present Proclamation dated the 26th of June 19 Car. 2d 1667 to reassemble the Parliament back from the 10th of October to the 25th of July 19 Car. 2d 1667. Adjourn'd the 25th of July 19 Car. 2d 1667 to the 10th of October following Session the 10th of Oct. 19 Car. 2d continued to the 9th of May 20 Car. 2d 1668. Acts Publick 15 Private 24 Adjourn'd the 9th May 20 Car. 2d 1668 to the 11th of August following Proclamation dated the 3d. of July 20 Car. 2d 1668 for the Parliament to meet the 11th of Aug. and that they shall and may Adjourn to the 10th of Nov. following accordingly Adjourn'd the 11th of August 20 Car. 2d 1668. to the 10th of Nov. following Proclamation dated the 19th of Sept. 20 Car. 2d 1668. to meet the 10th of Nov. as many of both Houses as may Adjourn themselves to the 1st of March 21 Car. 2d 1668 9. Adjourn'd the 10th of Nov. 20 Car. 2d 1668. to the 1st of March 21 Car. 2d 1668 6. Proclamation dated the 18th Dec. 20 Car. 2d 1668. reciting that whereas the two Houses of Parliament had Adjourn'd by the Kings directions from the 10th of Nov. to the 1st of March the King Declares that he will Prorogue them on the said 1st of March to the 9th of October 21 Car. 2d 1669 accordingly Prorogu'd the 1st of March 21 Car. 2d 1668 9. to the 19th of October 21 Car. 2d 1669. Session the 19th of Oct. 21 Car. 2d 1669. continued to the 11th of December following In this Session no bill past the Royal assent Prorogu'd the 11th December 21 Car. 2d 1669 to the 14th February 22 Car. 2d 1669 10. By Commission Proclamation dated the 23d of Decem. 21 Car. 2d 1669 requiring the Members of both Houses to attend at the time prefixt at the last prorogation viz. the 14th Feb. 22 Car. 2d 1669 70. accordingly Session the 14th Feb. 22 Car. 2d 1669 70. continued to the 11th of April 22 Car. 2d 1670. Acts Publick 8 Private 16 Adjourn'd the 11th of April 22 Car. 2d to the 24th of October following Proclamation dated the 21st of April 22 Car. 2d 1670 requiring the Members of both Houses to attend the prefixt time viz. the 24th of October 22 Car. 2d 1670. Session the 24th Oct. 22 Car. 2d 1670 continued to the 22d April 23 Car. 2d 1671. Acts Publick 26 Private 30 Prorogu'd the 22d April 23 Car. 2d 1671 to the 16th of April 24 Car. 2d 1671. The King Present Proclamation dated the 27th Sept. 23 Car. 2d 1671 declaring the Kings resolution to Prorogue the Parliament
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
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