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
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
is remarkable that this William Lord Pawlet Marquess of Winchester was Exemplar in all the Parliament Pawns which are extant in the Pettibag from the first of Edw. the Sixth to the first of King James inclusive which is 55. years and was in that time Lord Treasurer 22. years which was longer than any of his Predecessors continued in that Office except Cicil who continued 27. years 1 Car. 1. Georgio Duci Buckingham for one Parliament Sir Thomas Coventry being then Lord Keeper and had a distinct Writ and Sir Richard Weston Treasurer who was then in Scotland 15 Car. 1. Johanni Marchioni Winchester for one Parliament Sir John Finch being then Lord Keeper of the Great Seal and had a distinct Writ also Will. Bishop of London was Lord Treasurer and had his Writ 13 Car. 2. Thomae Comiti Southampton for this Parliament Sir Edward Hyde being then Lord Chancellor and had his distinct Writ this Earl was Grandchild to that Wriotheslly mentioned in the 36. of Hen. 8. and died without Issue Anno. 166 So from the 36. of H. 8. to this Parliament of the 13. of Car. 2. there were three Exemplars to Three Barons Two of them being Chancellors and one Lord Keeper and to Two Marquesses to one Duke and to one Earl and all these not of the Blood Now as to the three Barons having Exemplars which Degree had not any before the 36. H. 8. it may be presumed that the Exemplars were given them in relation to their Offices as Lord Chancellor or Lord Keeper or President of the Kings Council And as to the two Marquesses having Exemplars who had not any till the 6. of Edw. 6. one was as he was Treasurer and the other in the 15. of Car. 1. only as Marquess because there was no Duke Summon'd to that Parliament and Sir John Finch was then Lord Keeper and William Bishop of London Lord Treasurer and both had distinct Writs so there was none of the three great Officers of State remaining to be Exemplars except Henry Earl of Manchester then Lord Privy-Seal who according to the fore-mentioned Act of Precedency is placed in the Lords House before all Dukes Marquesses c. not of the Blood but I suppose because there was no President wherein the Lord Privy-Seal had been Exemplar since its first Institution in the 11. of Hen. 4. and being not called Lord Privy-Seal nor that place in the Lords House allotted to him till the 31. H. 8. possibly for those reasons it was not given to the Lord Privy-Seal but to the Marquess singly or else it was an omission in not minding the Act of Precedency These latter Writs from the 36. of Hen. 8. did seem to break the method of the former for before that Pawn of that year no Dukes or Marquesses were made Consimilars where an Earl was made Exemplar but in the Exemplar of the 36. H. 8. Wriothesly Earl of Southampton was made Exemplar and the Duke of Norfolk then Lord Treasurer of England and Charles Duke of Suffolk the Great Master of the Kings Houshold and President of the Council were besides the Marquess of Dorchester and Thirteen Earls and Twenty eight Barons made his Consimilars so as the precedency of his Exemplarity must be ascribed to his Chancellorship which according to the Act of Precedency was to be before all Dukes c. not of the Blood and upon the same reason Pawlet Lord St. John in the first Edw. 6. being then Lord Keeper had the Exemplar Writ and the Duke of Somerset though the Kings Uncle Governor of the Kings Person and Protector of England as also the Marquess of Dorchester and Marquess of Northampton and Thirteen Earls and Thirty Barons were his Consimilars which is the only President which I know of where the Lord Chancellor or Lord Keeper had the Exemplar to a Duke of the Bloud and upon the like reason as I conceive in the 6 of Ed. the 6. William Marquess of Winchester being Lord Treasurer the next in Precedency to the Lord Chancellor by the Act of 31. H. 8. had the Exemplar to two Dukes one Marquess Fourteen Earls One Viscount and Thirty one Barons all which were his Consimilars and it is probable the reason why this Exemplar was given to the Treasurer and not to the Chancellor was because Thomas Goodrick Bishop of Ely was then Lord Chancellor and so it was not proper for that Bishop to be Exemplar for the reasons before alledged Now in the first Car. primi Thomas Coventry being Lord Keeper and having a distinct Writ the Duke of Buckingham had the Exemplar who had one Marquess Thirty seven Earls Eleven Viscounts and Fourty seven Barons to his Consimilars Also in the 15. Car. 1. John Marquess of Winchester Son to the former Marquess of Winchester was made Exemplar Sir John Finch being Lord Keeper who had a distinct Writ and William Bishop of London being in Scotland but he had no Duke or other Marquess but Fifty eight Earls Five Viscounts and Forty four Barons his Consimilars and so reduced the proper Consimilars to its former method But the 14. Car. 2. Thomas Wriothesly Earl of Southampton Lord Treasurer Grandchild to the former Earl of Southampton altered it again there being now also a distinct Writ to Sir Edward Hyde Lord Chancellor for this Earl had three Dukes one being General Four Marquesses Fifty five Earls Eight Viscounts and Sixty eight Barons his Consimilars I conceive as Lord Treasurer for according to ancient Practice as I have shewn an Earl had not any Dukes entred as his Consimilars The number of all the Exemplar Writs extant from the 15. of Edw. the 2d in An. 1322. to the 13. of Car. 2di An. 1661. are but Twenty and but Fourteen Kings from whom they were granted The number of the Parliaments in which the Nobles did Sit to whom such Exemplars were issued were 107. and these 107. Parliaments were in the space of 341. Years As concerning the years when these Exemplars were first issued to the respective degrees of Nobles before mentioned they are in this order of time 15 Edw. 2. This first Exemplar Writ as I have shewn was to an Earl and 〈◊〉 was of the Bloud viz. to Edward 〈◊〉 of Chester Eldest Son to Edw. 2. and â—â—â—ter King Edw. the 3d. for there was then no Duke in England 3 Edw. 3. The first Exemplar Writ to a Prince of the Bloud was to the same Earl being then made Prince of Wales 37 Edw. 3. The first Exemplar Writ to a Duke of the Blood was not till this year though the first Duke in England distinct from that of Earl as Mr. Selden saith was the Eleventh of Edw. 3d. and then Edward the Kings Eldest Son was in Parliament created Duke of Cornwall yet Speed in his Chronicle of Edw. 3d. makes this Creation in the 3d of Edw. 3d. when saith he he was created Prince of Wales Duke of Aquitain and Cornwall which agrees with the Records of the Tower and
therefore I conceive there is some mistake in Mr. Selden but however the mistake be the first Exemplar Writ to a Duke was not till this year for though Edward Prince of Wales was Duke in the Third or Eleventh year of his Father and Thomas Earl of Norfolk soon after was created Duke of Norfolk and Henry Earl of Lancaster soon after created Duke of Lancaster yet they had not any Exemplar Writs as Dukes but before as Earls so as John Duke of Lancaster in this Parliament of the 37. Edw. the 3d. was the first Duke which had an Exemplar Writ 47 Edw. 3. As I have shewn the first Exemplar to an Earl of the Bloud so this shews the first Exemplar to an Earl not of the Bloud which was this year to Richard Earl of Arundel for though there were many Earls before not of the Bloud yet they had only Consimilar Writs but no Exemplars extant to any of them till this Year 28 H. 6. And though there were many Dukes not of the Blood since the first Creation of that Title yet the first Duke not of the Blood who was thought fit to be an Exemplar was not till this Parliament and the Predecessor of this Duke was an Earl in Edw. 3ds time and even this Duke was Earl in the time of his Predecessors before any Duke was created 6 Edw. 6. Though the first Marquess created in England was in the 9th of Rich. 2d yet none were thought fit to be Exemplars till this 6. of Edw. the 6th that William Marquess of Winchester was made the first Exemplar in Parliament of that Dignity but his Exemplar had the additional Title of Lord Treasurer who is the second Officer of State 36 H. 8. Although a Baron is a more ancient Title with us in England than any of the other Degrees of the Nobles yet we find no Record now extant wherein a Baron singly as Baron had the Exemplar Writ for as I said Thomas Wriothesly Baron of Tichfield being Chancellor William Pawlet Baron of Bazing being Lord Keeper were Exemplars in those Parliaments and had Consimilars appointed them but Edward Hyde Baron of Hindon having a distinct Assisting Writ had no Consimilar allotted him either in respect of his Barony or Assistancy Thus we find that Earls Dukes Marquesses and Barons have been Exemplars but we do not find any Viscounts to be so in any Parliament since the creation of that Dignity which was as I said in Hen. 6ths time to John de Beaumont And the reason is because the word Vicecomes doth imply a Consimilar to Comes so it were improper for Comites to be Consimilars to a Vicecomiti Concerning the additionals of the Titles to those Nobles mentioned in their Exemplars it may be observed That in all those Writs to Hen. the 8ths time the words Consanguineo Charissimo Praedilecto Dilecto Fideli were not so positively sixt to the several Degrees in their Writs but since that time they have past in a more constant method viz. to Dukes and Marquesses Praecharissimo Consanguineo to Earls and Viscounts Charissimo Consanguineo to Barons Praedilecto Fideli and to the Lord Chancellor as chief Assistant Praedilecto perquam Fideli but to all the other Assistants of which I shall speak more only Dilecto Fideli SECT III. Observations on the Consimilars to the former Exemplars WHen Princes of the Blood were made Exemplars there was ever some Prince of the Blood in the Consimilars and then followed in the same Register in every Clause-Roll or Pawn the other Dukes Marquesses Earls Viscounts and Barons without interposition of the Lords Spiritual and Ecclesiastical to the Princes of the Blood and the Temporal Lords not of the Bloud so it continued in that method till the 21. of King James but then the Exemplar being to the Prince of Wales and no Consimilar to him there follows the Exemplar and Consimilars to the Lords Spiritual of which I have spoken and after them follows the particular Writ to John Bishop of Lincoln as Lord Keeper and after that the Exemplar to Lodowick Duke of Richmond who had one Duke one Marquess Thirty eight Earls nine Viscounts and Fourty seven Chevaliers his Consimilars and ever since the 21. Jac. there hath been an interposition either of the Lords Spiritual or Lord Chancellor between the Dukes of the Blood and the Nobles that were not of the Blood and so in the 13 Car. 2. though the Bishops were deprived from that Roll as I have shewn yet the Lord Chancellors Writ did interpose and it may further be observed That when Princes or Dukes of the Blood or not of the Blood were Exemplars other Dukes Marquesses Earls Viscounts and Barons were Consimilars but when Earls were Exemplars there were no other Consimilars admitted of Degrees above them but still under them viz. of Earls Viscounts and Barons and yet when the three Dukes beforementioned were made Exemplars 't is true the Duke of Suffolk and Oxford had Dukes to their Consimilars as formerly being pari gradu but the Duke of Norfolk had no Duke to his Consimilar for he had only four Earls one Viscount and Thirty one Barons of which there is no other precedent that I can find 2. As to the different Titles of these six Degrees viz. Princes of the Blood Dukes Marquesses Earls Viscounts and Barons of whom I have spoke more in the Fifth Chapter it is fit to be hinted here that Prince in English and Principi in the Latin Writ Duke and Duci Marquess and Marchioni Viscount and Vicecomiti have little difference in their Orthography but Comiti in all their Latin Writs and Earl which is their general appellation in English have very great difference concerning which and the other Degrees I have writ more at large before and in my Annotations to which I refer the Reader and so Baron and Baro have but little variation yet this may be observed here of this Title Baro that in all the Consimilar Writs in Clause Rolls or Pawns wherein those of that Degree are enumerated from the 15th of Edw. 2d to the 13. of Car. 2. neither the Titles or words Baro nor of Banerettus are mentioned in the Writs but either the Articles De or Le or La or the words Dominus Miles Equies Auratus or Chevalier are added to the Barons name viz. Hugo de Spencer Johanni de Bello Campo Johanni de St. John de Bazing Roberto de Monte albo Johanni de Sancto amando Willielmo de la Souch de mortuo mare Nicolao de Cantilupo le Quint Johanni de Insula de rubro monte Nicolao de Sancto Mauro Michaeli de la Pool who was then Banneret Admirallo Maris Johanni de Moubray Mariscallo Petro de malo lacu le Quint Hugo de le Spencer Willielmo la Zouch de mortuo mare Johanni le Strange Johanni le Shelton and many more and some only in their Christian names and Sirnames viz. Richardo Gray Richardo Talbot Gulielmo Aincourt
when Created Of two sorts of Dukes how distinguisht A Duke as Generall is not provided for in the Act of Precedency as other degrees of officiall honors are SECT III. Of Marquesses When begun in the Empire and in France When in England the reason of placing him between Duke and Earl From whence the Title is suppos'd to come Noble Actions caus'd Noble Titles and by some Hereditary SECT IV. Of Earls Of the word Comes or Count signifying Earl 6. sorts of Counts according to Selden 22. sorts according to Cassiadore 3. sorts in England Of the incongruity of the words Comes and Earl and from whence the word Earl is derived when first given in England Titutarly and upon what occasion when by Creation Of the Tachygraphy of the word Earl Of the Antient Titular and Created Earls little difference Of Local and Personal Earls here in England SECT V. Of Viscounts Sometimes considered as Equal sometimes of a lesier degree then an Earl Two sorts in England why the Hereditary Viscount interpos'd to Earl and Baron Of the first Created Viscount in England of the Parliamentary dignity of the one and Official Dignity of the other SECT VI. Of a Baron Of the word Baron the Baronial Tenures were the foundation of the Superior Tenures and Degrees Of Contributions to the King from Barons Spiritual Barons how Exempted from Contributions Of several other sorts of Barons The advantages of Created Barons CHAP. VI. Of the Writ to Princes of the Blood Royal. Of the Writ to Edward Earl of Chester Eldest Son to King Edward the 2d Anno 15. Ed. 2. And the Writ to James Duke of York 13. Car. 2. Compar'd Observations on both Writs A Recital or Numeration of the Exemplars of Earls Princes and Dukes of the Blood from Edward the 2d to this Parliament 1661. Observations on the Title of York the Consimilar to the Duke of York Observations on the Consimilars CHAP. VII Of the Writ to the Arch-Bishop and Bishops with Observations Reasons for incerting this Exemplar in this Place shewing that the Idolatrous Jews brought in Paganism into Britain manag'd by Druids and Bards after by Arch-Flamins and Flamins which were Pagan Priests Afterwards Christ Himself or his Apostles or Disciples or some of them brought in Christianity into Britain Bishops had Eleven several Titles according to several Regions given to the first managers of Christian Religion All included in the Word Bishop as Inspector or Father Of the Antiquity of the word Bishop Aristobulus the first Bishop of Britain who were his Successors Of King Lucius his message to Pope Eleutherius and the Popes answer about the first ordering of Christian affairs in Britain Of Linus the first Bishop of Rome and his Successors till the time of Lucius and Eleutherius all subsequent to Aristobulus The Amity between the Bishop of Britain and the Bishop of Rome in that time without any discord about Supremacy Afterwards the Bishop of Rome assum'd the Title of Pope and also a Supremacy to Britain and planted their Dependents there some small Endeavours to oppose it but Fruitless Of several Laws made to lessen the Power and Revenue of the Pope in Britain from the 9th of Hen. the 3. to the 5th of Hen. the 5th Of other wayes us'd by Hen. the 8th from the 9th of his Raign till his death in support of his Supremacy What Countermines were us'd by the Pope Historical passages from Hen. the 8ths Death to the dissolution of this Parliament Anno 1678. against and for the Papal Interest Of the the Titles of Defensor Fidei Supremum Caput how Vs'd disus'd and alter'd from the 12. of Hen. the 8th to the 13. Car. 2d Of Writs to Bishops before and in Edward the 2ds time having both the same and a greater Extention of Power than what is given in the Writs to the Lords Temporal and so to the 31. and 36. of Hen. the 8th and the 13. of Car. the 2d how they continued and alter'd some Observations on the old Writs Of the first Writ in the first Pawn of the 21. Pawns now remaining in the Pettibag Observations on that Pawn Of the 2d Pawn there Of the 3d. Pawn there Of the Pawn of this Parliament begun the 8th of May 1661. wherein Bishops were Omitted though entred in all former Pawns and the reasons of that Omission Of their Writ of Restitution in the same year Aug. 1661. and where Recorded Of their Consimilar Writs Fifteen Observations on their Writs and Temporal Employments CHAP. VIII Of the Writ to the Lord Chancellor Of the Original of the Office of Lord Chancellor or Lord Keeper and of the Discription of them Antiently distinct but now Vnited Of their different Seals Of their eminent Imployments Seates and Stations in the Lords Houss Of his single Writ of Summons as Assistant and of his other Writ if otherwise dignified The Office antiently dispos'd of to Ecclessiasticks and of later years wholly to Laicks Of some difference between the Warrant and Writ to Sr. Edw. Hide The form of the Writ Observations on this Writ and the nature of the Office CHAP. IX Of the Writ to the Earl of Southampton Lord Treasurer of England and to the Nobles not of the Blood Of the form of the Writ to the Lords Temporal Observations upon it that the Degrees of Nobles viz. Dukes Marquesses Earls Viscounts and Barons and Titles of the Officers of State are still intermixt in the Writs with some of those fiue Degrees Which of these Degrees are usually made Exemplars Of the Antiquity of the method us'd herein Of their Consimilars Observations concerning the various applications of the Titles Chevaleer Dominus Miles Eques Auratus Bannerettus CHAP. X. Of Patents of Creation enabling the Lords Patentees to sit in Parliament The difference between Writs and Patents and advantages of Patents what the word signifies Patents of 3. sorts viz. of Confirming Reviving and Creating that is given where none was before The form of those 3. sort of Patents Their ellegant preambles The Patents consisting of 4. parts Of the distinct form of the Patents to Dukes Marquesses Earls Viscounts and Barons impowring them to sit in Parliaments Of the Confies of Antient Patents Of Creation money Of the difference in the former and late value of moneys CHAP. XI Of Lords and Peers Of the words Dominus Pares or Lords and Peers what the words signifie When Peers us'd in France and of their number there when in England and of their number there Of the words Praelates Magnates Proceres how to be appy'd Who properly called Peers how placed in the Lords House the words Generally applyed and promiscuously us'd the number increase or decrease according to the pleasure of the King a Corrollary on the Subject CHAP. XII Of Proxies in the Lords House Of the word Procurator Proxie Proctor considered as distinct appellation Proxie only proper in the Lords House Licenced by the King and to whom and sometimes denied A
of God King of England Scotland France and Ireland Defender of the Faith c. To Our right Trusty and well beloved Counsellor Sir Edward Hide Knight Chancellour of England Greeting Whereas We by our Council for certain great and urgent Causes concerning Vs the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and Continuance of the same have appointed and ordain'd a Parliament to be holden at our City of Westminster the eighth day of May next ensuing In which Case divers and sundry Writs are to be directed forth under our Great Seal of England as well for the Nobility of this our Realm as also for the Election of Knights Citizens and Burgesses of the several Counties Cities and Burrough Towns of the same to be present at the said Parliament at the Day and Place aforesaid Wherefore We Will and Command you forthwith upon receipt hereof and by Warrant of the same to cause such and so many Writs to be made and sealed under our great Seal for accomplishment of the same as in like Cases have been heretofore used and accustomed And this Bill signed with our Hand shall be as well to you as to every Clerk or Clerks as shall make or pass the same a sufficient Warrant in that behalf Given at Our Palace at White-hall this Eighteenth Day of February in the Twelfth Year of Our Reign and in the Year of our Lord One Thousand Six Hundred Sixty and One. Observations and Proceedings on this Warrant THe King of England by his undoubted Prerogative hath and his Predecessors ever had in himself the Power of Summoning as also to appoint the times of beginning continuing discontinuing or dissolving of Parliaments This Summoning for I shall speak of the rest in order or Uniting the chiefest Parts of his Kingdom into a Parliament or Representation of the Kingdom in a less Body than it self is performed by the King's Warrant in his Name and by his Authority only as Supreme not only of his Kingdom but of its Representation and from this Warrant all Writs of Summons for a Parliament are deriv'd The Warrant is in English Sign'd by the King 's own Hand and Seal'd with his Privy Seal or Signet but the Writs are always in Latin or anciently some few in French and are Seal'd with the King 's Great Seal in his Name with a Teste of his Approbation though not manually Sign'd or Seal'd by him The Warrant is General viz. for summoning the Nobility as also for Elections of Knights Citizens and Burgesses but the Writs deriv'd from those Warrants are to particular persons of particular degrees as will be shewn The Form of this Warrant is ancient and hath had little or no variation except in the leaving out of Abbots and Priors ever since the 36 of Henry the 8th and except in leaving out Prelates and Bishops in this very Warrant whereby the Bishops had no particular Writs before the sitting of this Parliament but within three Months after for which Omission Reasons will be given in the 7th Chapter Before this Warrant was issued the King and so former Kings did advise with their Privy Council which is manifested by the Words of the Warrant viz. Whereas We by our Council yet if these words had been omitted at any time and not inserted in the Warrant the Warrant was held good and sufficient for due Summons However for publick satisfaction the words of every Writ are always Quia de advizamento assensu Concilij nostri and this Council is call'd the King's Privy or Private Council of which I shall speak more and is the King 's constant or standing Council as well in time of Parliament as when there is none sitting so as before this Magnum Concilium or Parliament is summon'd this Privy Council consults and deliberates concerning the Motives and Reasons for calling it and after such deliberations and results doth advise the King to send out a Warrant And therefore I conceive it useful to set down the Names of such as were of the King 's Privy Council when the calling of this Parliament was advis'd and resolv'd upon At the Court of White-hall Feb. 1660 1. The KING Present His Royal Highness the Duke of York His Highness Prince Rupert William Lord Arch-Bishop of Canterbury Juxon Edward Earl of Clarendon Lord Chancellor of England Hide Thomas Earl of Southampton Lord Treasurer of England Wriothesley John Lord Roberts Lord Privy-Seal Baron of Truro John Duke of Latherdale Maitland Earl of Guilford James Duke of Ormond Lord Steward of the King's House Butler George Duke of Albemarle Monk Henry Marquess of Dorchester Pierpoint Montague Earl of Lindsey Lord great Camberlain Bertie Edward Earl of Manchester the King's Chamberlain Montague Aldjernoone Earl of Northumberland Piercy Robert Earl of Leicester Sydny Charles Earl of Berkshire Howard Thomas Earl of Cleveland Wentworth George Earl of Norwich Goring Henry Earl of St. Albans Jermin Edward Earl of Sandwich Montague Arthur Earl of Anglesey Annesly Charles Earl of Carlile Howard William Viscount Say and Seal Fiennes Francis Lord Seymour Baron of Troubridge Frederick Lord Cornwallis Baron of Ai. Anthony Lord Ashley Cooper Charles Berkley Knight and Baronet Sir George Carteret Knight Vice-Chamberlain Sir Edw. Nicholas Knights Secretaries of State Sir Will. Morrice Knights Secretaries of State After the Warrant is sign'd and seal'd by the King it is sent from the Signet-Office to the Lord Chancellor or Lord Keeper and Directions are given to the Heralds to make Proclamation at the Court-gate and Capital City of London of the King's Resolutions of which I shall speak more in the Chapter of Proclamations The Lord Chancellor c. upon the receipt of this Warrant doth issue out his Warrant also to the Master of the Rolls as the chief Clerk of the Pettibag-Office in this Form YOu are hereby requir'd forthwith to prepare for the great Seal of England the several Writs of Summons for the Lords Temporal As also for the Judges and others to appear at the Parliament to be holden the 8th of May next together with the several Writs of Election of the several Knights Citizens and Burgesses of the several Counties Cities Towns and Burroughs within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed as also of the several Barons of the Cinque-Ports to serve in the said Parliament in such Method and Form and directed to such persons as are and have been usual in such Cases all which said Writs are to bear date this present eighteenth of February 1661. and for the so doing this shall be your Warrant Dated c. Upon receipt of the Lord Chancellor's Warrant the Clerks of the Pettibag by the assistance of the former Precedents of Writs and anciently by help of the Masters of Chancery and by advice with the Heralds as to Titles and true Names of Persons do fix a Schedule or digest or Forms of Writs to be issued
esteem'd Nobles though they do not Sit in respect of the power given them by Patent to Sit without restrictions or ceremonial qualifications and therefore Sir Edward Coke saith that though the Creation by Writ be ancienter than by Patent yet the Creation by Patent is the surer way for that one may be sufficiently Created by Patent and made Noble though he never sit in Parliament and he gives this reason That if issue be joyn'd whether one be a Baron or not that point shall not be tried by a Jury of 12 men but by the Records of the Parliament and if he did not sit there there can be no Record but a Patent is a Record 8. So there were 62 Barons Summon'd by Writs of the 18. of Feb. 1661. and 6 more by Writs of the 29. of Ap. 1661. whereby the number of Temporal Lords Summon'd to this Parliament began the 8th of May 1661. were 140. viz. 1. Two Dukes of the Bloud 2. Three Dukes not of the Bloud 3. Four Marquesses 4. Fifty five Earls 5. Eight Viscounts 6. Sixty eight Barons In all of the 6 Degrees 140. as in the Pawn Cap. 2. which we may compare with former times viz. Regno  Anno. The highest Number Summon'd in these Years Num. Maj. The lowest Number Summon'd in these Years Anno. Num. Mi. Edwar. 3. 25º 62 4º 18 Richar. 2. 8º 63 18º 36 Henry 4. 1º 50 11º 39 Henry 5. 2º 44 3º 29 Henry 6. 38º 55 1º 23 Edwar. 4. 7º 47 12º 37 Henry 8. 37º 45 28º 44 Edwar. 6. 6º 59 1º 47 Mariae  2º 56 1º 42 Elizabeth  30º 60 43º 52 Jacobi  21º 98 1º 84 Caroli 1. 15º 109 1º 97 Caroli 2. 13º 140   I do insert this observation That the Ingenious Historian may see whether the greater or lesser number of the Nobility in Parliament hath been most advantageous to its Constitution and the like may be observed concerning the number of the House of Commons of which I shall speak in the next part By which we may see that the highest Number was in 12. and 13. of Car. 2d and the Lowest in the 4th of Edw. the 3d. not troubling the Reader with the Numbers Summon'd to Intervening Parliaments Thus having given some short Illustrations of those Titles of Honour which are mentioned in the Parliamentary Writs and the Act of Precedency for the clearer satisfaction of such as are not verst in matters of that nature I may now with the more content to them and my self proceed to the particular Writs of Summons to those noble Degrees which I have regularly mention'd according to their prescrib'd Order both from the method of the Writs in the Pawns and Act and these Writs of which I am particularly to speak others falling in collaterally are Sect. 1. The form of the Writs to any of the Bloud Royal. 2. The form of the Writs to Archbishops and Bishops 3. The form of Writs to the Lord Chancellor or Lord Keeper 4. The form of Writs to Dukes not of the Bloud Marquesses Earls Viscounts and Barons wherein the Grand Official Titles beforementioned are inserted CHAP. VI. Of Writs of Summons and first of the Exemplar Writs for Summoning Princes Dukes and Earls of the Bloud-Royal to the Parliament SECT I. I Have shewn in Chap. 2. how Parliament Writs are sorted into Close Writs and Open Writs or Patents and those into Exemplars and Consimilars I need not inlarge more therein but proceed to the first Exemplar Writ of Summons and so to other such Writs of Summons to other Degrees as concern the Lords House for I shall speak of other Parliament-Writs of another nature when I have dispatcht the Summoning Writs and Patents of Creation according to the method of Pawns and Clause-Rolls made before the Act of Precedency as also in all Pawns since that Act. Those of the Bloud-Royal are placed in the first Rank of those Records and were still Exemplar to the rest and therefore the Writ which I am now to speak of viz. To the Duke of York Brother to King Charles the 2d is the Exemplar of the Consimilar Writ to Prince Rupert Duke of Cumberland being Son to the Sister of King Charles the First and so persuant not only to the said Act but to the most ancient methods of Writs of Summons as will be more fully shewn in the following Chapters But before I recite this Writ methinks I hear some say Nolumus consuetudines Angliae mutare therefore let us know what Writs of this nature were issued in former Ages by former Kings which is a Question so pertinent to my own scruples that I hope the same ease I gave to my self after my inquiry will serve to satisfie others for having gone backward with as much safety to the avouching of Records as I could and being not satisfied with what was delivered to us concerning the Parliament Writs in the Brittish Romans Danes Saxons or Norman times or by some of the Plantagenets or those of Hen. 3ds time from whence most Writers of our English Parliaments take their Original I fixt upon and took my Rise from the Writs in the 15th of Edw. 2d which are clear and still extant in the Records of the Tower which the other are not By these Records it is evident that in 97. Parliaments as I account them which were Summon'd from that 15th year to this Parliament there is no material difference in this Exemplar Writ from those Antecedent and therefore that this Writ to the Duke of York may be compar'd with that of Edw. 2d I have here set them both down verbatim so that upon 339. years experience viz. from the year 1322. to the year 1661. Inclusive we may acquiesce that we in this Age have not much trespass't or varied from the ancient and wise Form prescribed to us by so many former Kings and continued to this time The Form of the Exemplar Writ to the Princes of the Bloud Tempore Edw. 2.15 EDwardus Dei Gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Edwardo Comiti Cestriae filio suo Charissimo Salutem Super diversis arduis negotiis nos statum Regni nostri specialiter tangentibus Parliamentum nostrum apud Eboracum a die Paschae prox ' futuro in tres septi'anas teneri vobiscum cum ceteris Prelatis Magnatibus Proceribus dicti Regni habere proponimus colloquium tractatum Vobis Mandamus in fide diléctione quibus nobis tenemini firmiter injungentes Dictis die loco omnibus aliis pretermissis personaliter intersitis ibidem nobiscum cum ceteris prelatis magnatibus proceribus supradictis negotiis tractatur ' vestrumque Consilium impensur ' Et hoc Nullatenus omittat ' Teste me ipso apud Westm ' decimo quarto die Martii Anno Regni nostri decimo quinto Caroli 2.13 CArolus Secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Praecharissimo
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
Privy Seal the Great Chamberlain the Constable the Marshal the Lord Admiral the Grand Master or Lord Steward the Kings Chamberlain and the Kings chief Secretary shall sit and be placed in such order and fashion as is before rehearsed and not in any other place by Authority of this Act. SECT I. Observations Obs 1. THis Act is observable being Enacted as it were by the King 's single Authority yet by the Preamble it seems to be only an Order or Ordinance at most and this upon Record in that House for it doth not concern the Commons 2. The Lords House is here call'd the High Court of Parliament i. e. the highest Court of Judicature in Parliament and so it is an Act by authority of the same including the Kings 3. It is also Parag. 2. call'd the Parliament Chamber and Parag. 8. the said House not the House of Lords or House of Peers as it is now call'd 4. Though this Act doth contain the Rules for Places as the several degrees do sit in their distinct degrees yet it doth not contain the intermixt Precedencies of the several Degrees both in calling over the House and at other Solemnities as will be more exactly shewn in the local part 5. In the 8th Paragraph the Lord great Chamberlain Constable Marshal Admiral Steward and King's Chamberlain are omitted because it is presum'd that those Titles were never given to any under the degree of a noble Baron 6. Here the Seat for the State-Officers being not Barons is call'd a Sack but in all Records where those Seats are mention'd they are call'd Wool-Sacks being stuff'd with Wool to mind them of the Staple Commodity of the Kingdom 7. The use which I make of this Act is to shew the several Titles of the Degrees of such as are mention'd therein 2dly the ordering of those Degrees and 3dly how this Act doth agree or disagree with the Pawns before and subsequent to it First The Degrees mention'd therein are four viz. first Princes of the Blood 2dly Lords Spiritual 3dly Ministers and Officers of State 4thly Lords Temporal 1st The Princes of the Blood are said therein Parag. 4. to be first the King's Son 2dly the King's Brother 3dly the King's Uncle 4thly the King's Nephew 5thly the King's Brother's Son 6thly the King's Sister's Son as in Paragraph the 1st and 4th 2dly The Lords Spiritual are said therein to be the Arch-Bishop of Canterbury and York the Bishop of London Duresm and Winchester and all the Bishops of both Provinces according to their Ancientries Paragraph 2 3. 3dly The Ministers and Officers of State Ecclesiastical and Civil are in the 2d and 4th Paragraphs said to be the Vice-Gerent and eleven more therein mention'd of which I shall speak distinctly Paragraphs 2 4 5 6 8 9 10. 4thly The Lords Temporal are said to be those five Degrees mention'd in the seventh Paragraph viz. Dukes Marquesses Earls Viscounts and Barons of which I shall also speak more fully and lower than to these Degrees the Act doth not extend 5thly This Act doth agree with the Method of the Pawns in the placing of the Princes of the Blood as also of the Bishops but the Pawns do differ from the Act concerning the Ministers and Officers of State for they meddle with them no otherwise than they are annext to some Spiritual or Temporal Degrees but if they are under the Degree of those Degrees they have then only particular Writs of Assistance as shall be shewn 6. The Act doth not take notice of the several Assistants of the Long Robe viz. the Lords Chief Justices c. But the Pawn makes a Record of them also and of their Writs and of their Precedencies in relation to each other of whom I shall speak more particularly in the Thirteenth Chapter 7. This Act was made upon the dissolution of the Abbots and Priors and that there might be no more room for them in the House of Lords whereas the two preceeding Pawns remaining still in the Pettibag viz. of the 22 and 31 Hen. 8. did place them next the Bishops now their Abbies Monasteries and Priories being dissolved they in this Act were excluded as in all future Pawns only Queen Mary did venture to summon the Abbot of Westminster and the Prior of St. John's of Jerusalem but that being turn'd into a Deanry and this dissolved they were as useless as all the others the Ecclesiastical and Civil Estate of this Kingdom being thereby restor'd to its Primitive Constitution as will be shewn CHAP. IV. A Discription of the Degrees concern'd in this Act of Precedency HAving spoken of the Pawns or Digest of Writs of Summons in general as also of the Act of Precedency this having respect only to the House of Lords and other great Councils those both to the House of Lords and House of Commons this only to the Dignity of the Nobles those not only to the Dignity and Degrees of Nobles but also of the form and order of the Writs constantly enabling the Nobles to make a noble use of their distinct Degrees that to the Places and Precedencies of such persons whenever they meet in Parliament as by the King's favour may be summon'd those to the persons actually summon'd wherein these Pawns much ancienter than the Act were doubtless a good Guide to the framing of this Act I think it convenient before I proceed to particularize their Writs for the Titles must be fix'd before the Writs can be perfected to take a view of the order of such Degrees as are mention'd in the Pawns but better methodiz'd in the Act viz. 1st of the King's Counsellors comprehending all the following degrees and others 2dly of the Princes of the Blood consisting of seven Degrees 3dly of the grand Officers and Ministers of Church and State consisting also of seven Degrees some of them being of a mixt nature viz. Spiritual Ecclesiastical and Civil and 4thly of the Temporal and Hereditary Nobility consisting of five intire Degrees and this I shall do by a distinct account of them for the clearer understanding of the Writs and Persons concern'd in them And this I do to entertain the Readers time whilst the Clerk and others are busied in Drawing Writing and Ingrossing the Writs and carrying them to be Seal'd and then disposing them to the several persons and places to whom and where they are to be deliver'd which will admit of as much or more time than may be spent in reading these following Discourses intended for the reviving of the memory of some and improving the knowledge of others concerning the Persons to be imploy'd in the House of Lords as also concerning the Writs for the House of Commons and herein in this First Part as to the House of Lords I shall be guided by the ancient Method of the King's Warrant the Pawns and the Act of Precedency And first of the King's Counsellors SECT II. Of the Kings Privy-Counsellor AS to the Original of this Officer and of the reason
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
Ea or Watry Enemy and it is no small honour now to the Earl of Bedford to be Governour of 365000 Acres of Fenny Grounds intituled by his name of Bedford Level subject to inundations but by his vigilance preservs it 6. And when this Title of Earl was first given in England as t is said by William the first to Hugo de Aurank or de Ibrinks making him Earl of Chester it was doubtless from some eminent Service done in preserving the Banks or Brinks of that County against the inundations of the River Dee upon the South-side of Worrcl Ealand aforesaid reaching from the Town of Chester to the Hebrea for shortness call'd Heber and so round that Hundred besides the Banks in other parts of that County Some do question whether this d'Aurank or d'Ibrink was the first Earl but t is likely he was so Titularly and other the like Earls before him but that which is agreed on is that Albericus or Aubry d'Vere was the first that was by Charter or Patent created Earl by Henry the 2d who had the additional Title of Earl of Oxford or Oxenford in Oxfordshire and continues in that Family to this day but I cannot pass the word Ford which doth imply a passable Ea or Water which was necessarily to be preserved from the overflowing of at least 7 several Rivers in that little County for the more safe passage of Men and Oxen. 7. To conclude Ihope I may be allow'd so much of the Art of Tachygraphy or short writing as may render my application of this word more plausible by writing Earl for Ea Regalia so as whether Ea be consider'd as a Saxon word or the plural of the pronoun Ea it confirms my notion and may serve as well to explain the word Earl as SPQR the Senate and People of Rome or DNS to signifie a Baron of the Realm or Chr. Chevaleer 8. I have said sufficiently of the word now as to the antiquity of it in England it is Authentick from History and Record that the word Earl and Honour of it was in use in the Saxons and Danes time and continued with the Normans and Earls had the like extensive power in Shires and Counties as they have had since their formal creation by Charter which it seems was a mode and form not us'd till this to the Earl of Oxford since which there hath been some variations in the Form but especially in the time of Henry the eighth and King James as will be seen when I come to recite so much of their Charters of Creation as relate to their interests in Parliament 9. The learned Selden divides this Title into two sorts a Local and a Personal Earl by Local he means such Counties Cities Castles Towns or Burroughs as are fix'd to the Title of Earl or Comes as Earl of Oxford Earl of Kent c. being not County Palatines or of such as are County Palatines whereof there are five viz. Cheshire Lancashire which are in the Crown Pembrokeshire in the present Earl of Pembroke Durham and Ely which two are County Palatines belonging to the Bishops of those Counties never granted to any Temporal Earls so as the Bishops of Ely and Durham do sit in Parliament Virtute Tenurae and not Virtute Comitatus Palatinae As for Personal Earls there are but three remaining at this day viz. the Earl or Lord Great Chamberlain granted to Berty Earl of Lindsey with a large intale to that Family 2ly the Title of Earl Marshal granted to Hen. Howard Earl of Norwich and after Duke of Norfolk with a large intale as I have shewn 3ly granted by Patent to Savage Earl Rivers being made a Baron in 5 Edw. 6. and also Viscount of Colchester in 19 Jacobi and in the 2d of Charles the first was made Viscount Savage of Rock Savage in Cheshire whereby he is a double Viscount and Earl Rivers which is the Name of an illustrious Family and not of a Place but all the other Earls are intituled from some noted Place 10. Forty nine Earls Summon'd the 18th February 1661. and six more Summon'd the 29th of Aprill 1661. See the Pawn Cap. 2. The next I am to treat of is the Vicecomes Vice Earl or Viscount SECT V. Of a Viscount Obs I WHat hath been said of a Duke or a Count whilst their Titles were interchangeably us'd may be also appli'd to a Viscount for when Dukes and Counts increas'd in their number there was a kind of necessity to take in others to their assistance who afterwards by merit and the favour of their Prince arrived to an Interest of their own and therefore the word Vicecomes or Viscount may properly here intend a Companion for the word Comes doth as well signifie a Companion or Associate as a Count or Earl and the addition of Vice which signifies instead or by course or turns of which word Turn I shall speak more did intimate thar when the Turn of this Comes came to Govern he was for that time called Vicecomes all other times Comes only or as I conceive as the one was call'd Comes because he commanded a County the other was called Vicecomes from the Latin word Vicus because he commanded a Village Street or Structure or some lesser Command than that of a County 2. The dignal Title of Vicecomes is also ancienter in foreign parts than in England and is the same with Vidame or Vicedominus which are properly the foreign Titles of a Substitute to a Bishop but as we take the Title in an officiall sence it signifies the King's Deputy or Sheriff in every County and so is as ancient as the Saxons who made Comes to signifie Earl and Vicecomes or Viscount to signifie the Office of Shereeve or Sheriff for we had the words Earl and Sheriff from the Saxons and the Count and Viscount from the Romans Comes and Vicecomes and probably for the same reason that Marquess was interpos'd to Duke and Earl in Richard the Second's time so it was thought fit in Henry the Sixth's time though some say in Henry the Fifth's time to interpose the Title of Viscount to Comes or Earl and the Noble Baron there having been the like promiscuous use of the Titles of Comes or Earl and Baron as had been of Duke and Comes and thereupon I conceive John d'Beaumont was Created the first Viscount of this interposing Dignity it being as Mr. Cambden saith an old Name of Office but a new Name of Dignity or a Vicecomes or Sheriff turn'd from an annual Office into a Dignity hereditary 3. Yet this Office of Vicecomes or Shereeve or Sheriff was and still is an Office of dignity only the difference is that the Vicecomes dignified as I said by Hen. the 6th is a Parliamentary and Nobilitated Dignity and Place both in their Patent of Creation and in the Act of Precedency fixt between Earl and Baron c. made Hereditary but the other Viscountship or Sherifdom is Official and Annual and not Hereditary and
in the year 778. when Charles the Great being then King of France and soon after Emperour of the West did put all the Government of France into the hands of Twelve of the most eminent Nobles who thereupon were call'd by the Title of the Twelve Peers of France being Pares Gubernatores Franciae or in their Language Paires d'France whereof six were Lords Spiritual viz. the Archbishop of Reims the Bishops of Laon and Langres who also were stil'd Dukes the Bishops of Beauvois Chalois and Nôyon which three latter were also stil'd Comtes or Earls and six were Lords Temporal viz. the Duke of Burgundy Normandy and Guienne the Earls of Flanders Champaigne and Tholose the six Ecclesiasticks do continue to this day but the Territories of the other six being either united to or alienated from the Crown do now consist of such Princes of the Blood or Favorits without limitation by number of six as the King thinks fit but those who are do injoy the Privileges of the Original Peers constituted by Charles the Great 4. From this Constitution it is conceived we in England upon the Normans coming did make use of something of that method and did then also first make use of the word Peers although in truth as I said both of us had it from the Romans we also made use of their number Twelve as may be observed in the Ecclesiastical Parliamentary Degrees viz. first Archbishops secondly Bishops thirdly Archdeacons fourthly Deans of Chapters fifthly Proctors of Chapters and sixthly Proctors of the Clergy and six also are of the Temporal Degrees viz. first Princes of the Blood secondly Dukes not of the Blood thirdly Marquesses fourthly Earls fifthly Viscounts and sixthly Barons These being so proportion'd into twelve Degrees but not into twelve Persons I shall pass to what others have spoken concerning the number of our Peers 5. In respect the Peers of France were anciently confin'd to a certain number of six and six some of our English Writers would also confine ours to a certain number some to five and some to fifty But herein we may trust that learned Selden who saith That the number of Peers with us was never confined to any more certainty than the Lords of the Parliament are for saith he whereas only the number of five Peers are mentioned in some Records that can be no Rule of certainty because at this day the number Five doth legally express Seven as it doth in the Parliament Writ to the Warden of the Cingqueports or five Ports There being in truth saith he Seven of them and so consequently returned whereas there are eight Ports called Cinqueports and so returned as will be shewn in the second Part but however the mistake be in that Grave Author yet with submission to his great Learning I conceive this might have been better reconcil'd for the old Writers who mentioned five might intend the five Degrees of Nobility under the Princes of the Blood viz. Dukes Marquesses Earls Viscounts and Barons which makes the compleat Temporal Degrees in Parliaments And what others write of Fifty that number without doubt did relate to the number of which those five Degrees did in those days consist which were now increast to Eighty eight as may be seen in this Pawn besides those of the Blood Royal and the Lords Spiritual and Assistants and have varied in number almost in every Kings Reign But I rather believe that there was some mistake in making use of this number Five by applying it Personally and not Virtually for anciently and even to this day the number five that is five Lords do with that number Constitute the House of Lords for the dispatch of lesser Affairs till a greater number come fit for greater Affairs and so the number of fourty Members whether Knights Citizens or Burgesses or some of either do Constitute an House of Commons yet these also do not proceed to weightier matters till they be supplied with a greater number so as the number five may be well thought to have its relation to the House of Lords and the number of fifty to the House of Commons 6. But not to insist further about the definite number of Lords or Peers or about the derivation of the words Lords and Peers I shall give a touch of the words Praelati Magnates and Proceres us'd in the Latin Writs and Patents and herein if we consider the first Institution of this House it did and still doth consist of Lords Spiritual and Lords Temporal diversified into several Degrees as Archbishops Dukes c. yet the Lords Spiritual were known only by the Title Archiepiscopi Episcopi i. e. Archbishops and Bishops and the Temporal only by the Titles of Comites and Barones i. e. Earls and Barons in general terms the Lords Spiritual were called Praelati i. e. Prelates in relation to matters which concern the Soul which hath preference or prelation to that of the Body and the Lords Temporal were called in general Magnates Proceres i. e. Lords and Peers intimating Persons of the greatest Power and Domination and being the chiefest Peers and Supports as I said of the King and Kingdom 7. But in Henry the thirds time certain Persons called Abbots and Priors who were the Fathers Heads and chief Governers of Monasteries or of such Houses as were possess'd by Monks and Canons living in those Houses with an intent or pretence of weaning themselves from the World and disposing their minds to a contemplative life and these being of a mixt nature partly Regular and partly Secular and in respect of their great access of Territories given by the charity of others to support them Baronial did step in between the Lords Spiritual and the Lords Temporal and so were called Praelati with the Bishops and Magnates Proceres with the Lords Temporal But Hen. the Eighth as I have shewn did dissolve them so that the Bishops have ow the single Title of Praelati and the Temporal Lords of Magnates Proceres for we see in the Summoning of this Parliament when Bishops were excluded the words Cum Praelatis was left out but being restored then they were equally Summon'd to sit inter Praelatos Magnates Proceres and the preposition Inter is properly inserted for however their sitting is yet the Bishops are called over between Viscounts and Barons 8. Now as Abbots and Priors were thus interposed in Henry the Thirds time so in the time of Edw. the Third as I have shewn Dukes began and as they increased did step in before Earls and Barons and in Rich. the Seconds time Marquesses began and as they increast also stept in between Dukes and Earls and in Hen. the 6ths time Viscounts began and as they increast did step in between Earls and Barons so as Originally according to the dates of their Admissions these Lords Spiritual and Temporal were all Peers i. e. Pares pari gradu the Bishops were Pares inter seipsos pari gradu Episcopali the
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