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
dilecto fratri Jacobo Duci Eborum Albaniae magno Admirallo suo Angliae Salt'm Quia de Advisamento assensu Consilii nostri pro quibasdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae nostrae concernentibus Quoddam Parliamentum nostrum apud Civitatem nostram Westm ' octavo die Maii prox ' futur ' teneri ordinavimus ibidem nobiscum ac cum magnatibus proceribus dicti Regni nostri colloquium habere tractatum Vobis Mandamus in fide ligeantia quibus nobis tenemini firmiter injungentes quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque Dictis die loco personaliter intersitis nobiscum ac cum magnatibus proceribus predictis super predictis negotiis tractatur ' vestrumque consilium impensur ' Et hoc Sicut nos honorem nostrum ac Salvationem defensionem Regni Ecclesiae predictae expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste me ipso apud Westm ' decimo octavo die Februarii Anno Regni nostri Decimo tertio SECT II. Observations IN An. 12. Hen. 8. the words fidei Defensor were then added before Salutem instead of Super diversis causis The latter Writs are Quia de advisamento assensu concilii nostri pro quibusdam causis yet I find the word Quia us'd in the great Councils or Parliament Writs before Edw. 2ds time and probably the words assensu Concilii nostri is added to shew the distinction of his Privy-Council and his Publick Council or Parliament 2. Instead of Specialiter tangentibus the latter Writs are concernentibus quoddam 3. Instead of habere proponimus the latter Writ is teneri ordinavimus and habere is put in between Colloquium and Tractatum 4. Ligeantia is put in the latter Writs instead of Dilectione this word Dilectione being for many Ages particularly apply'd to the Episcopal Writs 5. The latter Writs do contain all that are in the more Ancient except the Insertions of some Causes of Summons and some inlargements added upon Emergent occasions viz. quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante Excusatione quacunque 6. And also those words are added near the end of the latter Writ viz. Sicut nos honorem nostrum ac Salvationem Defensionem Regni Ecclesiae predicte expeditionemque dictorum negotiorum diligitis which additions are only more full Expressions to oblige the Attendances of the Grandees Thus having shewn the Exemplar Writs to the Bloud Royal Ancient and Modern I shall set down such Earls Dukes or Princes of the Bloud Royal to whom this Exemplar Writ was directed even to this time according as they are either in the Clause Rolls in the Tower or in the Pawns in the Pettibag-Office which I shall recite in English though the Writs are in Latin SECT III. THe Exemplar Writ was then to Edward Earl of Chester Exemplar 15 Edw. 2. Eldest Son to King Edw. 2d and by vertue of this Writ this Prince had his Exemplar Writ but for this one Parliament and was soon after King Edw. 3d. 2. 3 Edw. 3. To Edward Prince of Wales and Earl of Chester Eldest Son to Edw. 3d. and this Prince had Exemplar Writs for 9 Parliaments viz. 3 Edw. 3. 4. Edw. 3. and 4. Edw. 3. 5. Edw. 3. 25. Edw. 3. 27. Edw. 3. 28. Edw. 3. 29. Edw. 3. 42. Edw. 3. 3. To Thomas Earl of Norfolk 4 Edw. 3. soon after created Duke Marshal of England great Uncle to Edw. 3. who had his Exemplar Writ but for this one Parliament 4. To Henry Earl of Lancaster 14 Edw. 3. soon after created Duke Son to John the 4. Son of Edw. 3. who had Exemplar Writs in this Kings and Richard 2. and H. 4ths time for 7 Parliaments viz. 14. Edw. 3. 17. Edw. 3. 18. Edw. 3. 22. Edw. 3. 25. Edw. 3. 23. Rich. 2. 1 Hen. 4. as Duke of Lancaster 5. To John Duke of Lancaster 37 Edw. 3. who then was King of Castile and Duke of Acquitane the 4th Son to Edw. the 3. as aforesaid and Uncle to Rich. the 2. who had Exemplar Writs for 17. Parliaments in this and Rich. the 2ds time viz. 37 Edw. 3. 38. Edw. 3. 1 R. 2. 3 R. 2. 4 R. 2. 7 R. 2. 7 R. 2. 8 R. 2. and 8 R. 2. 9 R. 2. 13 R. 2. 14 R. 2. 15 R. 2. 17 R. 2. 20 R. 2. and 20 R. 2. 21 R. 2. Exemplar 6. 50 Edw. 3. To Richard Prince of Wales Duke of Cornwall and Earl of Chester Grand-child to Edw. the 3d. and Son to Edw. the former Prince of Wales and afterwards King Richard the 2d who had an Exemplar Writ but for this Parliament and at the opening thereof he did sit in the Kings Chair 7. 10 Ric. 2. To Edmund Earl of Cambridge Duke of Clarence and first Duke of York the 5. Son of Edw. the 3d. who had Exemplar Writs for 3 Parliaments viz. the 10.11.12 of Rich. 2. as Duke of York 8. 11 Ric. 2. To Thomas Duke of Glocester Uncle to the King who had one Exemplar for one Parliament 9. 1 Hen. 4. To Henry Prince of Wales and Duke of Cornwall who had his Exemplar Writs for 9. Parliaments in his Fathers life time and was after King Hen. the 5th viz. 1 H. 4. 2 H. 4. 3 H. 4. 6 H. 4. 7 H. 4. and 7 H. 4. 9 H. 4. 11 H. 4. and 13 H. 4. 10. To Thomas the 2d Son of Hen. the 4th Duke of Clarence and Earl of Albemarl had Exemplar Writs for 7 Parliaments in this and Hen. 6ths Reign viz. Exemplar 1 Hen. 5. 1 H. 5.3.4.5 of Hen. the 5th and in the 1st and 6. and 3 H. 6. 11. To John Duke of Bedford 3. 8 Hen. 5. Son to Hen. 4th who had Exemplar Writs for 5 Parliaments in this and Hen. 6th Reign viz. 8 H. 5.4 and 4.11.14 H. 6. 12. To Humphrey Duke of Glocester 2 Hen. 6. the 4th Son of Hen. 4. he had Exemplar Writs for 10 Successive Parliaments viz. 4.6.9.10.15.18.20.21.25 and 25 H. 6. 13. To Rich. Duke of York 27 Hen. 6. Grand-child to Hen. 4. and Eldest Son to Edw. the 4. when Duke of York who had Exemplar Writs for 4 Parliaments viz. 27.29.31.33 H. 6. 14. To George Duke of Clarence 3d. 7 Edw. 4. Brother to Edward the 4th who had Exemplar Writs for 3 Parliaments viz. 7.9.12 Edw. 4. 15. To Edward Prince of Wales 22 Edw. 4. Eldest Son to Edward the 4th who had Exemplar Writs for Two Parliaments and after was King Edward the 5th viz. 22. and 23. Edw. 4. Note That from this time to the 21. of Hen. the 8th we are disappointed of the knowledge of any Exemplars and from thence to the 21. of King James there are no Exemplar Writs to
any of the Bloud Royal only to other Lords Temporal as will be shewn in its proper place but in the 21. of King James Exemplar 16. 21 Jacob. An Exemplar Writ was to Charles Prince of Wales Duke of York for that one Parliament who was afterwards King Charles the First 17. 15 Car. 1. To Charles Prince of Wales who had an Exemplar Writ for one Parliament and after was King Charles the Second 18. 13 Car. 2. To James Duke of York who sat by vertue of the aforementioned Writ in the Parliament begun the 8th of May 1661. to the end thereof SECT IV. Observations on the Title of York THere were other Dukes of York besides these which are mention'd in this Collection viz. Edward the Son of Edmund Duke of York and upon Edwards Death his Brother Richard was created Duke of York and Henry the son of King Henry the 7th was created Duke of York who after was stiled King Henry the 8th but these 3 Dukes of York being not mention'd in any Clause Rolls to have Exemplar Writs I have omitted them in the Register of Exemplars 2. The City of York was dignified with the Title of an Arch-Bishoprick in the year 180 as some say but all agree that Taurus was Arch-Bishop there in the year 610. and also with the Title of a Dukedom in the 10th year of Ric. the 2d whereas London the Metropolitan of England hath onely a Bishoprick but no Dukedom Earldom or Marquesate appropriate to it and in Anno the Civil Government of the City was honour'd with the Title of a Lord Mayor as it was at London but how far the equivalency of that Title extends to those two Cities will be further discourst when I speak of London in its proper place and in my Annotations 3. Whilst the quarrel continued between the Dukes of York and Lancaster which lasted for many Ages York had the Title of White-rose the House of Lancaster call'd the Red-rose till both were inoculated into one Stock of Hen. 7th 4. The Title of this James Duke of York and Albany in Scotland is the same which was given by King James to Prince Charles afterwards call'd King Charles the First being first created Duke of Albany c. and at 4 Years of age Duke of York SECT V. Of Consimilar Writs to the Royal Exemplars NOw I should proceed to the Consimilars of these Exemplars but in respect that they consist of a very great number and it were too great a labour to treat of all Consimilars I shall forbear to recite them Especially being in hopes that my Learned Friend Sir William Dugdale will publish a particular Treatise of them and ease me of that labour so as I shall only take notice here of the Writ for this Parliament to Prince Rupert the Sisters Son to King Charles the First and this is Consimilar in all parts to the Duke of Yorks Exemplar except in the Title so I need not set it down at large but by abbreviation shall thus render it viz. Carolus c. Rex c. Praecharissimo Consanguinco Duci Cumbriae Salutem and so Verbatim with the Dukes Exemplar Duke of Cumberland being his English Title SECT VI. Observations on these Consimilars 1. FIrst in most of the Clause-Rolls and Pawns from the 15. of Edw. the 2. to this time after the Exemplar Writs are set down these words following are in the Clause-Rolls and Pawns viz. Consimilia Brevia diriguntur Subscriptis and in some Consimiles Literae instead of Brevia directae Subscriptis and in some Consimiles Literae directae Conscriptis thereby seeming to retain the ancient words of Patres Conscripti which the Romans did usually apply to their Elected Senators But here it is only Consimile Breve in the singular Dirigitur praecharissimo c. Ruperto there being no other of the Bloud in England 2. Princes of the Bloud have been Consimilars when Princes of the Bloud have been Exemplars as in the 25 Edw. 3d. Edward Prince of Wales was Consimilar to Henry Earl of Lancaster his Uncle of the Bloud but not where any were Exemplars who were not of the Bloud and so many more might be cited which may be seen in Cottons Collections of the Tower Records 3. In this Consimilar Writ Prince Ruperts Foraign Titles are omitted because none of the Peers do sit in the Lords House but in respect of their English Titles yet in the Proxy-writs which they allow to others their Foraign Titles are recited without scruple as will be shewn in the 10th Section of the 12th Chapter 4. I cannot but take notice here that till the Union with Scotland there was a Chair plac'd in the Lords House on the right hand of the Kings Chair for the King of Scots and call'd the King of Scots Chair Yet I cannot find by any Records of the House of Lords or elsewhere that the King of Scots did ever sit there or was Summon'd or had any proxy to sit there for him by vertue of any Exemplar or Consimilar Writ And now I shall proceed to the Exemlar for Bishops CHAP. VII The second Exemplar viz. To the Archbishop of Canterbury Section I THe Examplar for Bishops of which I am now to speak is not entred into this Pawn in the Pettibag which I have recited verbatim as all the other Exemplars are but it is entred in the Chancery Crown-Office an Office of Record also as I have shewn being issued after the Parliament was sitting nor would I have entred it here in respect my design in this first part is to write only of such Writs as were previous to the sitting of this Parliament had not I found that the Exemplar for Bishops is constantly entred in all the Clause-Rolls extant from the 15 of Edw. 2d and in all Pawns extant from the 21 of Hen. 8. except in this of the 13. Car. 2d which omission proceeding from the reasons which will be given in the following Chapter was upon the first sitting of this Parliament rectified and therefore I thought fit rather a little to deviate from my method than to defer or puzzle the Reader with the discourse of it at too great a distance from all the other Writs of Summons of which I intend to treat according to the order of the Pawn and so I crave leave as most suiting to all former precedents to treat of this Exemplar in the second place especially having the Act of Precedency unrepeal'd also to justifie my proceedings 2. Before I proceed to discourse of Archbishops or Bishops it is convenient to look back to the several Titles which were given to those who were Managers of the Religion practis'd in this Island before the name of Bishop was here known This Religion was by the Jews call'd Paganism and the Professors thereof Pagans Panims Ethnicks Gentiles Heathens and Infidels which Titles are all of the same nature The word Pagan comprehending the other five only the word Infidel was not
Banneret and an Ancient or Hereditary Baron Now in respect it is evident that the Title of Banneret was first brought into use for some meritorious action in bearing preserving or retaking the Kings Banner in time of War whereupon he received the honour of Knight Banneret and thereupon as an additional honour was also thought worthy to sit amongst the hereditary Barons and in respect many Martial exploits were about that time done in France the word Chevalier being borrowed from the French Tongue came into so great repute that such as did merit it did justly Challenge it and those of less merit did Covet it and by meer interest and favour obtain'd it and so by degrees as I have formerly shewn the word Chevalier upon the account of merit or favour did swallow up the other Titles and in process of time and favour of Kings it grew to be fixt and hereditary which was intended at first but Titulary and Temporary which hath been the fate of most of our Titles of Honour Thus having dispatcht the BreviaClausa or Close Writs of Summons to the Lords Spiritual and Temporal before the Parliament is sitting for these are different from the Writs which are sent out whilst a Parliament is sitting as will be shewn I shall proceed to the Brevia aperta or open Writs commonly called Patents by which such as are Created are inabled to sit there yet even those Lords which by their Creations are so priviledg'd have also Close Writs of Summons sent them pro forma lest they should fail of their duties for want of intimation and the Writ is and hath been anciently Clos'd least as I conceive the Writ should contain such private matter or causes of Summons as are not fit to be known by the conveyor of them to their Lordships CHAP. X. Of Patents of Creation Impowring the Lords Patentees to sit in Parliament HAving shewn the Form of the Close Writs of Summons Sect. 1. for such as are to sit in the Lords House either Ratione sanguinis regalis or Ratione tenurae or Ratione Nobilitatis Honoris I am now to shew how some of these sit there Ratione Creationis not Exclusive of the others viz. by vertue of their Open Writs or Patents of Creation for though Close Writs of Summoning to a Parliament were thought sufficient to Nobilitate the persons and their Heirs who had the benefit of them yet since Tenures and Prescriptions and Writs only were not found so safe and convenient the way of Creation by Patent hath much increased 2. These Lords Patentees having Writs of Summons as Memoirs of their Duty to the publick their Patents do not only intile them to sit in Parliament but direct them where they shall sit which their Writs of Summons do not express for the Writs do only appoint a place and time where and when to meet but not their distinct places where to sit both in respect to their own and to the other degrees of Nobility 3. These are called Patents of Creation signifying something which was not before now it is evident by what I have shewn that there were persons called Dukes Marquesses Earls Viscounts and Barons both in Foreign parts and in this Kingdom long before those Degrees were Erected by Patent but till then as Mr. Selden saith they were to be esteemed rather Official than Nobilitated Dignities and therefore it must be understood that the Form of making them Earls Dukes c. by these Letters Patents were not in use here in England till Dukes Marquesses Earls c. did accept of this instrument or Form and thereupon call'd Dukes Earls c. by Creation 4. I find these Patents to be of three sorts First of Titles Confirm'd viz. such as were before their Patents Secondly of Titles Reviv'd viz. which were before but were extinct for want of Issue or Escheated to the Crown for Treason c. which often happened in the Barons-wars and at other times Thirdly Titles Created or given where none was before As to the first viz. of such Titles as were before their Patents of Creation it appears that Awbry de Vere as Mr. Cambden saith had the choice of four Earldoms viz. Dorset Wilts Berks and Oxfordshire of which four Shires there having been Official Earls both in the Saxons and afterwards in the Normans time he chose Oxfordshire which being granted to him by Henry the 1st it was confirm'd to him by Patent of Creation by Hen. the 2d according to this following Patent The Patent to Awbry de Vere Confirming him Earl of Oxford HEnricus Secundus Rex Angliae Dux Normaniae Aquitaniae Comes Andigaviae Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciarijs Vicecomitibus Ministris omnibus Fidelibus suis totius Angliae Franciae Angliae Salutem Sciatis me dedisse concessisse Comiti Comitatus Oxenfordscire ut sit inde Comes quare volo Firmiter praecipio quop ipse haeredes sui habeant inde Comitatum suum ita libere quiete honorifice sicut aliquis Comitum Angliae liberius quietius honorificentius habet Test 5. H. 2. Attested by the Chancellor three Earls and ten others of Quality Mr. Selden observes Selden 1. H. p. 539. that this Patent was rather a Consirmation than a Creation and further saith that in a Chancerystile a Creation and Confirmation signisie the same however though the words in the Patent are not Confirmasse but only Dedisse and Concessisse yet I conceive it plainly appears to be a Confirmation from the words in the Patent viz. habeant inde Comitatum suum which implies that that County was his before this Confirmatory Creation The second sort of Creation Patents are the reviving of a Title which had been before but lay Dorment as in this following Patent of Creating Edward call'd Edward the black-Black-Prince Son to Edward the 3d. to be Duke of Cornwal there being Official Dukes of Cornwal before The Preamble to the Creation of Edward Son to Edward the 3d. Duke of Cornwal EDwardus Dei gratia Sect. 6.11 Ed. 3. c. inter caetera Regni insignia illud arbitramur fore potissimum ut ipsum ordinum dignitatum Ossiciorum distributione congrue vallatum sanis fulciatur consilijs robustorum potentijs teneatur plurimis itaque gradibus haereditarijs in regno nostro cum per descensum haeredetatum secundum legem regni ejusdem ad cohaeredes participes tunc deficiente exitu alijs eventibus varijs ad manus regias devolutis passum est a diu in nominibus honoribus graduum dignitate defectum multiplicem dictum regnum Nos igitur ea per quae regnum nostrum decorari idemque regnum ac Sancta ejusdem Ecclesiae aliae etiam terrae nostro subjectae Dominio contra hostium adversariorum conatus securius decentius defensari paxque nostra inter nostros ubique subditos conservari illaesa poterint meditatione
solicita intuentes ac loca ejusdem Regni insignia pristmis insigniri honoribus Cupientes nostrae considerationes intuitus ad personam Dilecti Fidelis nostri Edwardi Comitis Cestriae filij nostri primogeniti intimius convertentes volentesque personam ejusdem honorare eidem filio nostro nomen honorem Ducis Cornubiae de Communi assensu Consilio Praelatorum Comitum Baronum aliorum de Consilio nostro in presenti Parliamento nostro apud Westmonasterium die Lunae proxime post festum Sancti Matthaei Apostoli proxime preterit ' convocato existentium dedimus ipsumque in Ducem Cornubiae prefecimus Gladio cinximus sicut decet c. Dedimus itaque c. Castra c. juxta generis 〈◊〉 nobilitatem valeat contenere onera in hac parte incumbentia facilius supportare viz. ut faciat Vicecomites predicti Comitatus 7. It is affirm'd by our History that there were Dukes of Cornwal as I have shewn in the Brittish times but afterwards intituled Earls but both the Titles of Dukes and Earls of that County being long extinct William the 1st rais'd it to an Earldom and after Edward the 3d. Erected it to a Dukedom and thereupon had a preamble and this was done also by assent and consent of the Prelates Earls Barons and others of his Council which I presume doth include the Commons but it may be observed that here was no other Investiture mention'd than Gladio cinximus which is the same Ceremony of a Knight Batchelor but many great Royalties and priviledges were herein granted as may be seen in the Patent at large That to the Earl of Oxford needed no preamble or Consent of the Earls and Commons or mention of the Form of Investitures or of particulars of Lands and Castles granted being only a Confirmation of that honour which he injoyed but it was convenient that this to the Duke of Cornwal should have a preamble in respect the Title had lain dead for a long time in the Crown as may be Collected from the words ad manus Regias devolutis The like Patent of Reviver was of the Barony of Abergaveny by Richard the 2d to John de Beauchamp second Son to the Earl of Warwick from whom by Marriage of the Daughter and Heir it came into the Family of the Nevils where it yet continues but this was a Barony long before for in the time of King William the 2d call'd Rufus Hamelius de Balon was Baron of Abergaveny and from him it descended to Brian de Jnsula then to the Bruce's Cante Lupes and Hastings in which last name it continued many descents till John Hastings then Earl of Pembroke and Baron of Abergaveny died without Issue and then as I said Richard the 2d Conferr'd it John Beauchamp according to this following Patent 6. Richardus Secundus 11. R. 2. c. Sciatis quod pro bonis gratuitis servitijs quae Dilectus Fidelis Miles noster Johannes de Beauchamp de Holt Senescallus Hospitij nostri nobis impendit ac loco per ipsum tempore creationis nostrae huc usque impenso quem pro Nobis tenere poterit infuturum in nostris Consiliis Parliamentis nec non pro nobili Fideli genere unde descendit ac pro suis magnificis sensu Circumspectione ipsum Johannem in unum Parium ac Baronum Regni Angliae nostri praefecimus volentes quod idem Johannes haeredes masculi de corpore suo Exeuntes statum Baronis obtineant ac Domini de Beauchamp Barones de Kiderminster nuncupentur in cujus rei c. Teste c. 10. Thus having given instances of Confirming and Reviving of Titles by Patents of Creation I shall speak of the third sort of Creating or Erecting of new Titles by Patent of Creation also The third sort of Creation Patents is more properly call'd a Creation than the other and for this I instance the Patent to the Prince of Wales 11. Ed. the 3d. for though Wales had been an ancient Principality in it self and their Natives were Princes thereof and this being the first time that that Title was transferr'd to an English man and a Patent granted by an English King which had never been done before it might properly be call'd a Creation the Preamble of the Patent is Transcrib'd Verbatim but the Habendum being very long I have only given a short abstract of it The Preamble to the Creation of Edward Prince of Wales Sect. 11.17 Ed. 3. REx c. Archiepiscopis c. salutem de serenitate regalis praeeminentiae velut ex Sole radii sic inferiores prodeunt principatus ut regiae claritatis integritas de Luce Lucem proferens Ex Lucis distributione minoratae Lucis non sentiat detrimenta Immo tanto magis Regale Sceptrum extollitur Solium Regium sublimatur quanto tribunali suo plures subsunt Proceres eminentiae clarioris Haec autem consideratio condigna Nos qui nominis honoris Edwardi ducis Cornubiae Comitis Cestriae primogeniti nostri charissimi incrementum appetimus in quo potius Nos ipsos conspicimus honorari domum nostram Regiam subditum nobis populum nostrum speramus per Dei gratiam sumpta de gloriosis suis auspiciis conjectura honorifice roborari allicit inducit ut ipsum qui reputatione juris censetur eadem persona nobiscum digno proveniamus honore saecunda gratia persequamur de Consilio itaque Consensu Praelatorum Comitum Baronum Communitatum Regni nostri Angliae in Generali Parliamento nostro apud Westmonasterium die Lunae in Quindena Pasche proxime praeterita Convocato ipsum Edwardum Principem Walliae fecimus creavimus dictum principatum sibi dedimus concessimus per Chartam nostram confirmavimus ac ipsum de dicto principatu ut ibidem praeficiendo praesideat praesidendo dictas partes derigat defendat per fertum in Capite annulum in digito aureum ac virgam argenteam investivimus juxta morem habend' tenend'de nobis sibi haeredibus suis Regibus Angliae in perpetuum cum omnibus Dominijs terris nostris Northwalliae Westwalliae Southwalliae c. The like was in Richard the 2ds time when the Earldom or County of Lancashire was Erected into a Dutchy Palatine which was not so before the Preamble of which Patent I shall here insert aswell to shew the Latin Style of the Age as for other reasons which I shall hereafter have occasion to mention The Patent of Creation to John Duke of Lancaster Anno 1389. INter Gloriosae Reipublicae curas sollicitudines varias Sect. 12.13 R. 2. Regiis humeris incumbentes firmat potissime Regale solium effluens á justitia condigna premiatio merritorum ibinamque continue virtus crescit colitur ubi a debito sibi praemio non frustratur Cum igitur honor sit virtutis praemium
to amuse the World about Grebners Prophecy viz. that Carolus E stirpe Caroli Erit Carolo Magno Major but none can pretend to a greater interest in that Prophecy then our present King Charles the 2d being so punctually and Signally ex stirpe Caroli How ever I am sure nothing can be more particularly Prognostical and Applycable to any Regal Charles then this following Anagram to him being made when he was born Prince of Wales which I have ever since kept safe by me CHARLES PRINCE OF WALES Anagram AL FRAVNCE CRIES O HELP VS As to the uses which shall be made on these regal Names their Progresses and Anagrams being not the proper Subject of this place I shall refer them to my Annotations and proceed to Observations on the Warrant of another Nature THE INTRODUCTION Shewing how a Parliament CONSISTS Section I WHen Families increast into Villages Towns Cities large Countreys Kingdoms and Empires under one Father or Conductor for all other Governments are collateral to Paternal and Monarchical there was a necessity to Constitute a Supream Council of the chiefest and wisest men selected from the multitude as might keep such extended Dominions in a perfect Unity and Obedience to their Original Father or Monarch The end of this Constitution was both for Conservation of the Original Family or Potentate who did thus Constitute them or for his own ease in managing the common interest of Safety and Plenty That their proceedings in their Councils might have the more solemn Effects and Veneration several Nations in imitation have since given distinct names to their Supream Council erected as distinctions to those which were more Subordinate Thus the Jews from whom we derive our most credible Memoires of Antiquity had their Supream Council called the Sanhedrim consisting of secular Persons viz. One Prince as their chief Head besides Seventy others of mixt natures they had also another great Council altogether Ecclesiastical called a Synagogue and other lesser in the nature of our Convocations and sometimes all did meet at the great Sanhedrim which was only kept in Jerusalem and this was the Supream Council as may be seen in the 26th ch of Jeremiah v. 8. who was condemned by the Ecclesiastical Consistory of Priests and absolved by the Temporal or great Sanhedrim of Princes or chief Council as may be more fully seen in that Chapter and in the Jew's Antiquities And to pass the Ariopagus among the Athenians we read that the Old Romans also had their Great Council called a Senate consisting of 300. Laicks chosen out of the Nobiles Majores Minores and their Consistoriani where their Senate did sit and their Comites and Consistoriani as Members thereof did somewhat resemble the Constitution of a Parliament they had also a Pontifical Colledge consisting of Ecclesiasticks but the name of Senate at Rome hath been long since drown'd since the fall of that old Roman Empire for at Rome the name of Senate is now altered into that of Consistory and in the vacancy of the Pope or See of new Rome it is called a Conclave and now the Empire of Germany which did arise from the ashes of the old Roman Empire being shiver'd into several Proprietors lest it should grow again too great was brought to a Dyet for so the chief Council of that Empire is called Yet the old State of Venice still keeps the name of Senate for her great Council and the chief Council in France is called an Assembly of States But here in England we have the name of our chief Council from Romans Saxons Normans and lastly from the French for it hath been called by those Senatus Curia altissima Michel Synoth Assisa Generalis and many more names some of which I think fit to render in English viz. Senate the great Synod or meeting of the King and of the Wise-men the highest Judicatory the General Pleas the Great Court the Common Council of the Kingdom and the General Assize At last in the time of Henry the Third or Edward the Second all these Names were reduced to the word Parliament which was then borrowed from the Language and Name of the chief Councils in France in many of which Provinces and Parliaments our Kings had then a considerable interest I do here mention that the Original of this Name did begin with us in Henry the Third or Edward the Second's time but Sir Edward Coke in his Institutes is pleas'd to cite one Precedent before the Conquest When saith he the word Parliament was here us'd but it seems it did not continue a fix'd name of Parliament from thence for at the great Council held by Henry the First at Salisbury consisting of the three Estates viz. Lords Spiritual Lords Temporal and Commons it is called by the Name of Council and not Parliament as some other Writers have mistaken However it was not us'd again till once in Henry the Third's time as some say but we are certain that it was us'd in the 15th of Edward the Second as I shall shew from safe Records and after Edward the Third was Crowned King of France then and ever since this great Council of the whole Kingdom hath without variation gone by the Name of Parliament And though as that learned Institutor observes That the French Parliaments were lesser Courts subject to the Assembly of Estates yet that Assembly of Estates was but originally a grand Parliament constituted of those lesser Estates or Parliaments and those did anciently consist of Lords Temporal Commons and Clergy for in that rank they are cited by Comines Comines p. 226. an approved Author However since the 15th of Edward the Second we have not altered its name only a little in Orthography which hath made work for that learned Institutor and other grave Writers on this Subject about its Etymology so by Example of those Worthies I may venture to cull out one intending to speak of the rest in my Annotations viz. Parliament i. e. a Parly of minds and to this Etymology I may add this definition That our Parliament consists of a certain number of Men of certain Degrees and Qualities Summoned by Writs from the King to meet together in some place appointed by those Writs to parly or confer their minds to each other for the good of the Publick This Definition will be more fully proved in this following Treatise yet before I confirm it at large I think fit to give a brief and intelligible Explanation of it in relation to a Parliament here in England To that end I shall first set down the Nature of our Monarchical Government and then we shall more easily understand the Constitution of our Parliaments It is generally held That the frame of this Monarchy consists of a King and of three Estates subordinate to him The first Estate mentioned in all our Acts of Parliament is Spiritual and Ecclesiastical govern'd by the Lords Spiritual and this Estate hath Jurisdiction over the whole Kingdom not only considering
Rewards in store which they conferr'd proportionably to their Services and such Rewards were purposely reserv'd for such as had either given good Counsel or followed it by venturing their Lives and Fortunes for preservation of the Empire and some such Orders were made in our Edw. the 3ds time and confirmed by many Successive Councils as may be read in Sir Edw. Coke and Judge Dodridge 12. There are also other lesser Councils besides what I mentioned before as the Common Council of London and the like though not for number in other Cities which relate only to the Government of those Cities and Counsellors at Law and the meeting of such degrees as are qualified for that purpose are called in some of the Inns of Court Parliaments which relate only to matters of Law and Government of their Societies and Councils of War and Trade and many of these are great Assistants and often imploy'd both in the Privy and publick Council of the Kingdom 13. I have been the longer on this subject because all the Degrees hereafter mentioned are Members either of the Kings Privy Council or the Parliament or both yet their Writs of Summons are not singly Conciliario but by annexation to those Degrees which are capacitated to be Counsellors but the Degrees mentioned in the Act of whom I treat next are constantly of the Privy Council or Parliament but there are only some of the Parliament which are of the Privy Council by which means matters are more easily manag'd between the King the Privy Council and the Parliament the one constantly Sitting the other Summon'd only upon Emergencies of State which latter being thus Constituted it may well be call'd Magnum Concilium Animarum or a Council of Souls rather than Bodies so as the King may say with Cicero Conscientia conciliorum meorum me Consolatur i. e. The knowledge and Conscientious concurrence of minds or Souls for so Conscientia sometimes siguifies and integrity of my Counsellors are my Consolation 14. In the first Chapter I have shewn the List of the Privy Council who gave their Advice as t is said in the Warrant for Summoning the Parliament to begin the 8th of May 1661. and all but one of them had Summons and did sit in the Lords House or were Elected for the Commons House yet it may be observed that Prince Rupert was Summon'd as Duke of Cumberland The Duke of Laderdale being a Scotch Lord was not Summon'd till he was made Earl of Gilford some years after The Duke of Ormond was Summon'd as Earl of Brecknock in Wales the Lord Anthony Ashly Cooper was chosen a Burgess of Dorsetshire for the House of Commons but his Writ was time enough to sit in the Lords House Sir Charles Berkley Knt. was chosen a Burgess in Somersetshire and soon after made Lord Fitz Harding an Irish Title and so continued in the House of Commons to his death Sir George Cartret Knt. and Bar. was chosen Burgess for Portsmouth and continued in the Commons House to the end of that Parliament Sir Edward Nicholas Knt. was Summon'd to the Lords House but Sir William Morrice was chosen Burgess for Plymouth and continued with the Commons to his death Now I proceed with the chief of such as are for the most part of the Kings Privy Council mention'd in the Act and do with others of lesser Degreees Constitute both the Privatum and Magnum concilium or Parliament SECT III. Of the Princes of the Bloud IN this Act the King by vertue of his Kingly Office for so is the word in the Act and Prerogative Obs I. having power to give such Honors Places and Reputation to his Counsellors and other his Subjects as shall seem best to his most Excellent Wisdom especially to his Council or Parliament gives the Priority of all Places and Precedings to these following seven Degrees of the Bloud-Royal viz. 1. to the Kings Son first entituled Prince of Wales in the 11. Edw. the 3d. 2. to the Kings Children 3. to the Kings Brother 4. to the Kings Uncle 5. to the Kings Nephew 6. to the Kings Brothers Son 7. to the Kings Sisters Son all of these have Title of Earls or Dukes and any one of these where others in priority are wanting are to be accounted the first in their own seven Degrees and are Prior to the 5 following Degrees which comprehend all the Lords Temporal and these as they happen to be more or less have their distinct Writs as also their proceedings to all or any other Degrees either Spiritual or Temporal Official or Hereditary of whom I shall speak more in the following Sections and Chapters but if there be a failour of any of these or that they are absent from Parliaments in respect of Minority or otherwise then some of the Lords Spiritual have precedency to the Lords Temporal as will be shewn All that were Summon'd of this Degree to this Parliament were only the Duke of York the Kings Brother and Prince Rupert his Sisters Son Sect. Cap. 2. Fig. 1. and 2. SECT IIII. Of the Kings Vice-Gerent or Vicar-General Obs THe words of the Act are That forasmuch as the Kings Majesty is justly and lawfully Supream Head on Earth under God of the Church of England and for the good Exercise of that most Royal Dignity and Office viz. of Supream Head of the Church hath made Thomas Lord Cromwel who was not only Lord Privy Seal as in the Act is exprest but Master of the Kings Jewel-House Baron of Okham Knight of the Garter Earl of Essex and Lord Great Chamberlain 2. His Vice-Gerent for the good and due administration of Justice to be had in all Causes and Cases touching the Ecclesiastical Jurisdiction and for the Godly Reformation of all Errors Heresies and Abuses in the said Church so as he injoy'd Dignities and Offices of a mixt nature Ecclesiastical and Civil and thereby was placed above all the Lords Spiritual and above all the Lords Temporal of the following Degrees and not only in respect of his Temporal Dignities but as Vice-Gerent in Ecclesiasticals had power given him and to his Successors in that Office to sit above those Degrees in Parliament and to have a Voice and Liberty to assent or dissent as other Lords 3. But there hath been none imploy'd in this Office since that time as needless I conceive for the Archbishops of Canterbury and York in their Provinces and the Bishops in their Diocesses have ever since in a manner suppli'd the Duty of that Office under their own Titles and by their own Jurisdictions especially the Archbishop of Canterbury who is rankt in the next place in this Act and in all Pawns except this where some of the Bloud Royal are not exemplars SECT V. Of the Arch-Bishops and Bishops Obs I THE Title of Bishop is more ancient than the Title of Christian as I shall shew in the seventh Chapter however it became more general after Christianity spread it self The word comes from the
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
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