is the Fort St. George belonging to the East-India Company where they have a President of all the Factories on that Coast and of the Bay of Bengala As to the Royal African Company King Charles II was pleased by his Letters Patents to grant them a Liberty of Trading all along the Western Coasts of Africk from Cape Vert as far as the Cape of good Hope with prohibition of Trading there to all his other Subjects At Cape-Coast is the Residence of the chief Agent of the Company where they have a strong Place or Fort. I pass by the other Companies though some of them very considerable and the great Trade of the West-Indies generally managed by Merchants not Incorporated Only I shall add that every Company has the Priviledge to govern themselves by setled Acts and Orders under such Governours Deputies Assistants and Agents as they think fit to chuse among themselves And this way has been found to be so profitable and beneficial by Exporting the native Commodities thereof by setting the Poor on Work by building of many brave Ships and by Importing hither of forein Commodities both for Use and Ornament that the Benefit accruing thereby to these Nations cannot be expressed The principal Commodities exported from hence into forein Countries are Woollen Cloths of all sorts broad and narrow the English being now the best Cloth-Workers in the World To which add Sattins Tabies Velvets Plushes and infinite other Manufactures some of which make very good Returns from the foreign Plantations Abundance of Tin Lead Alum Copper Iron Fullers Earth Salt and Sea-Coal of most sorts of Grains but Wheat especially of Skins and Leather of Trane Oyl and Tallow Hops and Beer Saffron and Licorish besides great Plenty of Sea-fish is yearly transported over Sea to forein Conntries From whence the Merchants make good Returns and bring a great deal of Treasure and rich Commodities to the Inriching of themselves the unspeakable benefit of the Nation and the Credit of the English in general Who are as industrious and active as fair Dealers and great Undertakers as any Nation in the World For though the Hollanders perhaps do drive a greater Trade 't is neither for want of Stock nor for want of Industry on the side of the English The Hollanders being squeezed as they are within the narrow Bounds of their Country find little or no Land to purchase with the Returns of their Trade This puts 'em upon a kind of Necessity of improving still their Stock and of sending back those Riches a floating upon the Sea which they cannot fix on the Land Whereas our English Merchants having the Opportunity of Injoying the Fruits of their Industry in a spacious delicate fruitful Country by purchasing Estates for themselves and Families are apt to yield to the Temptation and to exchange the hurry of Trade for the pleasures of a Country-life CHAP. V. Of the English Laws and Religion THE Laws of England are of several Sorts and severally used according to the Subject First there is the Common Law that is the Common Customs of the Nation which have by length of time obtained the force of Laws This is the Summary of the Laws of the Saxons and Danes first reduced into one Body by King Edward the Elder about the Year 900. Which for some time being lost were revived by King Edward the Confessor and by Posterity named his Laws To these William the Conquerour having added some of the good Customs of Normandy he caused them all to be written in his own Norman Dialect which being no where vulgarly used varies no more than the Latine Therefore to this day all Reports Pleadings and Law-Exercises Declarations upon Original Writs and all Records are written in the old Norman But where the Common Law falls short the Statute Law makes it up Which are the Laws made from time to time by King and Parliament The Civil Law which is counted the Law of Nations is peculiarly made use of in all Ecclesiastical Courts in the Court of Admiralty in That of the Earl Marshal in Treaties with forein Princes and lastly in the Two Universities of the Land The Canon-Law otherwise called the Ecclesiastical Laws takes place in Things that meerly relate to Religion This Law comprehends the Canons of many ancient General Councils of many National and Provincial English Synods divers Decrees of the Bishops of Rome and Judgments of ancient Fathers received by the Church of England and incorporated into the Body of the Canon Law By which she did ever proceed in the Exercise of her Jurisdiction and do's still by virtue of an Act in the Reign of Henry VIII so far as the said Canons and Constitutions are not repugnant to the Holy Scripture to the Kings Prerogative or the Laws of this Realm But whereas Temporal Laws inflict Punishment upon the Body these properly concern the Soul of Man And as they differ in several Ends so they differ in several Proceedings The Martial Law reaches none but Souldiers and Mariners and is not to be used but in time of actual War But the late King who ran headlong to Arbitrary Power made nothing of violating this and most other Laws The Forest-Law concerns the Forests and in flicts Punishment on those that trespass upon them By virtue of this Law the Will is reputed for the Fact so that if a Man be taken hunting a Deer he may be Arrested as if he had taken it Lastly there are Municipal Laws commonly called Peculiar or By Laws proper to Corporations These are the Laws which the Magistrates of a Town or City by virtue of the King's Charter have a Power to make for the benefit and advantage of their Corporation Provided always that the same be not repugnant to the Laws of the Land These By-Laws properly bind none but the Inhabitants of the Place unless they be for publick Good or to avoid a publick Inconvenience In which Case they bind Strangers Thus much in general as to the Laws of England The chief Particulars will come in of course when I come to treat of the Government The Religion of England as it is established by Law is the best Reformed Religion and the most agreeable to the primitive Times of Christianity But before I come to shew the Occasion Time and Methods of its Reformation it will not be improper to give a brief historical Account how the Christian Faith came to be planted in this Island to set forth its Progress Decay and Restauration then its Corruption with Rome and at last its Reformation That Christianity was planted here in the Apostles Times long before King Lucius is plainly demonstrated by the Antiquity of the British Churches writ some Years since by Dr. Stillingfleet the present Bishop of Worcester Where he learnedly disproves the Tradition concerning Joseph of Arimathea supposed by many to have been the first Planter of the Gospel here as an Invention of the Monks of Glassenbury to serve their Interests by advancing
Right of Patronage called Patronage Paramount Insomuch that if the mean Patron or the Ordinary or the Metropolitan present not in due time the Right of Presentation comes at at last to the King As for the Bishopricks the King only has the Patronage of them For none can be chosen Bishop but whom he nominates in his Conge d'Estire and a Bishop Elect cannot be Consecrated or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent In short as the King is the only Sovereign and Supream Head both in Church and State so there lies no Appeal from Him as from some other States and Kingdoms beyond Sea either to the Pope of Rome or to the Emperor But indeed the greatest and safest of the Kings Prerogatives is as the present King wrote in a late Letter to his Council of Scotland to Rule according to Law and with Moderation The Dispensing Power so much contended for in the late Reign by the Court-Party as a Branch of the Kings Prerogative and as vigorously opposed by some true Patriots is â—ow quite out of Doors by the Act of Settlement which makes it plainly Illegal And as to that divine Prerogative which the Kings of England claimed as a Thing de Jure divino I mean the Curing of the King 's Evil only by the King 's laying his hands on the Sick assisted with a short Form of Divine Service it is now laid aside as a Traditional Errour at least a Doctrine not fit to be trusted â—o So that the French King is at this time the only Monarch that pretends to this Miraculous Priviledge Our Historians derived it here from King Edward the Confessour who lived so holy a Life that as they say he received Power from above Intailed to his Royal Successors for ever to cure this stubborn Disease But now 'c is lookt upon as a Doctrine not so fit for Protestants as bigotted Papists to whom no Miracle is amiss I come now to the King's Power with relation to forein Parts Which I shall describe as near as I can first as Defensive secondly as Offensive In the first Sense England if well united is of all the States in Europe the least subject to an Invasion especially since the Conjunction of Scotland The whole Island is naturally so well senced with the Ocean and when Occasion requires so well garded by those moving Castles the King's Ships of War the strongest and best built in the whole World The Kingdom besides is so abundantly furnished with Men and Horses with Provisions and Ammunition and Mony the Sinews of War that nothing but our intestine Divisions can make us a Prey to the greatest Potentates of Europe tho united together As for the King's Power abroad not only our Neighbours but the most remote Places have sufficiently felt it and this at a time when Scotland and Ireland were usually at enmity with Him 'T is true since the Reign of Qâ— Elizabeth what with our Distractions at home and the Weakness or Effeminacy of some of one Kings England has either been Idle or taken up with Intestine Broils Only in Cromwel's Time we humbled the Hollanders scowred the Algerines kept the French and the Pope in aw and took Jamaica from Spain Our greatest Exploits were upon our own selves when being unhappily involved in Civil Wars for several Years together we destroy'd one another with a fatal Courage Then were computed about two hundred thousand Foot and fifty thousand Horse to be in Arms on both sides which had they been imploy'd abroad might have shaken the greatest part of Europe And here I cannot but with an aking heart apply the Words of Lucan Heu quantum potuit Coeli Pelagique parari Hoc quem Civiles fuderunt Sanguine Dextrae In English thus How much both Sea and Land might have been gained By their dear Bloud which Civil Wars have drained Of so martial Spirit the English are and their fear of Death so little that as Dr. Chamberlain has well observed no Neighbourâ—â—ation scarce durst ever abide Battle with â—hem either by Sea or Land upon equal Terms â—nd now we are ingaged in a just War both with Ireland and France under a Prince of â—o great Conduct and Courage incouraged by â—â—s Parliament assisted and faithfully served by the greatest General now in Europe I cannot but hope well from our Armies both by Seu and Land if our provoked God do not fight against us The next Thing that offers it self to our Consideration is the King of England's Court which for State Greatness and good Order besides the constant Concourse of Nobility and Gentry resorting thither when there is no Jealousy between the King and his People is one of the chief Courts of Europe It is as an Author says a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons the two last under their proper Government To support the Grandure of this Court and the other Charges of the Crown in time of Peace the Kings of England have always had competent Revenues Which never were raised by any of those sordid Ways used in other Countries but consist chiefly in Domains or Lands belonging to the Crown in Customs and Excise Anciently the very Domains of the Crown and Fee-Farm Rents were so considerable that they were almost sufficient to discharge all the ordinary Expences of the Crown without any Tax or Impost upon the Subject Then there was scarce a County in England but the King had in it a Royal Castle a Forest and a Park to Receive and Divert Him in his Royal Progresses A piece of Grandure which no King else could boast of But upon the Restauration of King Charles the Crown Revenues being found much Impaired and the Crown Charges increasing upon the growing Greatness of our Neighbours the French and Dutch the Parliament settled upon the King a Yearly Revenue of Twelve Hundred Thousand Pounds by several Imposts besides the Domains and other Profits arising to the Crown in Tenths and First-Fruits in Reliefs Fines Amerciaments and Confiscations And the whole Revenue improved to that degree that in the late Reign it was judged to amount to near two Millions Which is a Fair Revenue in Time of Peace In Time of War the Parliament supplies the King according to his Occasions by such Taxes to be raised upon the Nation as they think most convenient CHAP. X. Of the Government of England by Regency Also of the Succession to the Crown THere are three Cases wherein the Kingdom of England is not immediately governed by the King but by a Substitute Regent And those are the Kings Minority Absence or Incapacity The King is by Law under Age when he is under twelve Years old And till he has attained to that Age the Kingdom is governed by a Regent Protector or Gardian appointed either by the King his Predecessor or for want of such Appointment by the Three States assembled in the Name of the Infant
Estates to his own caused the whole united Body to be called Engel-lond since turned into England in a Parliament or Council held at Winchester in the Year aforesaid And by that Name he was then crowned in the presence of his Nobles and the rest of his Subjects Though the Truth is King Alfred a Grandchild of Egbert was he who totally united the Saxon Heptarchy into one Estate Thus from the Time of Egbert to this present Time England has continued a Monarchy above 870 Year First under 15 Kings of the Saxon Bace then under 3 Danish Kings and next to them under Edward the Confessour and Harold II two Kings of the Saxon Blood Who were succeeded by four Norman Kings And after Stephen the last of the Four the Saxon Blood was again restored in the Person of King Henry II Anno 1155 in whose Blood the Crown has continued ever since Now the English Monarchy is none of those Despotical Monarchies where the Subjects like Slaves are at the Arbitrary Power and Will of their Sovereign An unnatural sort of Government and directly contrary to the true end of Government which is the Preservation Welfare and Happiness of the People And what Happiness can a People propose to themselves when instead of being protected they may be plundered and murdered at the will of their Prince Men had as good live in a state of Anarchy as ly at some Princes Mercy whose unlimited Power serves only to make them furious and outragious And where lies the Advantage when the King proves a cruel Tyrant to be Robbed or Murdered by a Royal or a common Robber The Government of England Thanks be to God is better Constituted 'T is a Monarchy but not with that Dominion which a Master has over his Slave For then the King might lawfully sell all his Subjects like so many Head of Cattel and make Mony of his whole Stock when he pleases Here the Legislative Power is divided betwixt the King and his People but the Executive Power is lodged solely in the King Here the King has his Prerogative which is the Support of the Crown and the People their Priviledges which assert their Liberty If the King stretches his Prerogative so far beyond its Bounds as to overthrow the Liberty of the Subject he unhinges the Government and the Government being dissolved He and the Nation are to seek as in the late King's Case If any part of the Subjects incroach upon his Prerogative they undergo the lash of the Law which is no less tender of the Kings Prerogative than of the Subjects Liberty But the Question is in case of a Difference betwixt the King and his People who is a competent Judge To answer this Objection I shall make use of the Inquiry into the Measures of Submission to the Supream Authority 'T is to be considered says the Learned and Judicious Author that some Points are justly disputable and doubtful and others so manifest that any Objections made against them are rather forced Pretences than so much as plausible Colours If the Case be doubtful the Interest of the publick Peace and Order ought to carry it But the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them But upon such an Invasion how can the Subjects of England take up Arms against their King when the Militia is by several express Laws lodged singly in the King and those Laws have been put in the form of an Oath which all that have born any Imployment either in Church or State have sworn So that though the Subjects have a Right to their Property by many positive Laws yet they seem now to have no Right or Means left to preserve it And here seems to be a Contradiction in the English Government viz. a publick Liberty challenged by the Nation and grounded upon Law and yet a Renouncing of all Resistance when that Liberty is invaded and that also grounded upon Law This is indeed the main Difficulty But in Answer to it this we must take for a general Rule when there seems to be a Contradiction between two Articles in the Constitution That we ought to examine which of the two is the most evident and the most important and so fix upon it then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile 'em together 'T is plain that our Liberty is only a Thing that we injoy at the Kings Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And the other Article against Resistance ought to be so softened as that it do not destroy us If the Law never designed to lodge the Legislative Power in the King as it is self-evident 't is plain it did not intend to secure him in it in case he should go about to assume it Therefore the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him Another Proof that the Law only designed to secure the King in the Executive Power is the Words of the Oath which makes it unlawful to bear Arms against the King or any Commissionated by him For if the Commission be not according to Law 't is no Commission and consequently those who act by virtue of it are not Commissionated by the King in the sense of the Law Besides all general Words how comprehensive soever are still supposed to have a tacit Exception and Reserve in them if the matter seem to require it Thus Children are commanded to obey their Parents in all Things and Wives are declared by the Scripture to be subject to their Husbands in all Things as the Church is unto Christ For odious Things ought not to be suspected and therefore not named upon such Occasions but when they fall out they carry still their own force with them So by our Form of Marriage the Parties swear to one another till Death them do part and yet few doubt but that this Bond is dissolved by Adultery though it is not named In short when a King of England strikes at the very Foundations of the Government as the late King did and that his Maleversations are not only the effect of Humane Frailty of Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men in such Cases that King may fall from his Power or at least from the Exercise of it and such his Attempts in the very Judgement of the greatest Assertors of Monarchy naturally
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
the rest Seriatim every one answering apart Content or Not Content first for himself and then severally for so many as he hath Letters and Proxies For any Peer of the Realm by License of the King upon just Cause to absent may make a Proxy that is may constitute another Lord to give his Voice in the Upper House when any Difference of Opinion and Division of the House shall happen Otherwise if no such Division fall out it never comes to be questioned or Known to whom such Proxies are directed By an Order of this House in the Reign of Charles I it was Ordered that no Peer should be capable of receiving above two Proxies or more to be numbred in any Cause voted If a Bill passed in one House and being sent to the other this demur upon it then a Conference is demanded in the Painted Chamber Where the deputed Members of each House meet the Lords sitting covered at a Table and the Commons standing bare with great respect There the Business is debated and if they cannot agree it is nulled When Bills are passed by both Houses upon three several Readings in either House before they can have the force of Law they must have the Royal Assent which puts life into them For as there is no Act of Parliament but must have the Consent of the Lords and Commons and the Royal Assent of the King so whatsoever passeth in Parliament by this threefold Consent hath the force of an Act of Parliament The Royal Assent which used formerly to be deferred till the last Day of the Session is given after this manner whenever the King thinks fit His Majesty then comes into the House of Peers with his Crown on his Head and cloathed with his Royal Robes Being seated in his Chair of State and all the Lords in their Robes the House of Commons is sent for up as before by the Black Rod. Thus the King Lords and Commons being met the Clerk of the Crown reads the Title of each Bill and after the Reading of every Title the Clerk of the Parliament pronounces the Royal Assent according to his Instructions from the King If it be a publick Bill to which the King assenteth the Words are le Roy le veut the King wills it Whereas to a publick Bill which the King forbears to allow the Answer is Le Roy S'avisera the King will consider which is look'd upon as a civil Denial To a Subsidy-Bill le Roy remercie ses loyaux Sujets accepte leur Benevolence aussi le veut the King thanks his loyal Subjects accepts their Benevolence and so wills it And to a private Bill allowed by the King Soit fait comme il est desire be it done as it is desired But in case of a General Pardon as it is the King's Gift so the Return is from the Lords and Commons to His Majesty in these Words los Prelats Seigneurs Communes en ce Parlement assemblez au nom de tous vos autres Sujets remercient tres humblement Votre Majeste prient Dieu qu'il vous donne bonne longue Vie en Sante the Prelates Lords and Commons in this Parliament assembled in the Name of all Your other Subjects do most humbly thank your Majesty and pray God to give You a good and long Life in Health 'T is observable in the mean while how we have retained about making of Laws so many French Expressions derived to us doubtless from the Normans The Use of Committees is so necessary for the Dispatch of Parliament Business and their Way of managing Bills so fair and honourable that it will be proper to add something to what has been said before concerning them They consist of such Members as each House chuses from among them to make a strict Examination of the Bills and therein such Amendments and Alterations as their Reason will dictate upon a full Debate among themselves and to Report the same to the House Now there are three sorts of Committees viz. Standing Select and Grand Committees There are in the House of Commons five Standing Committees usually appointed in the beginning of the Parliament and remaining during all the Session Viz. One for Priviledges and Elections another for Religion a third for Grievances another for Courts of Justice and the fifth for Trade Amongst which the Committee for Priviledges and Elections has always had the Precedence being commonly the first Committee appointed either the same Day the Speaker did take his Place or the next day after Their Power was anciently to examine and make Report of all Cases touching Elections and Returns and all Cases for Priviledge as might fall out during the Parliament But that Power has been since abridged especially in Matters of Priviledge which are heard in the House and not in a Committee unless in some special Cases By a Select Committee I mean a Committee particularly chosen to inquire into a Bill In the Choice whereof this Rule is observed in the House that they who have given their Voice against the Body of a Bill cannot be of the Committee And though any Member of the House may be present at any select Committee yet he is not to give any Vote there unless he be named to be of the Committee As to their Number they are seldom less than eight but have been sometimes many more and commonly Men well versed in Parliament Business Upon the first Meeting of a Committee in their Committee Chamber they chuse among them a Chair-man who is much like the Speaker in the House After any Bill is Committed upon the second Reading it may be delivered indifferently to any of the Committee Who are first to read it and then to consider the same by Parts If there be any Preamble 't is usually considered after the other Parts of the Bill The Reason is because upon Consideration of the body of the Bill such Alterations may therein be made as may also occasion the Alteration of the Preamble which is best done last The Committee may not raze interline or blot the Bill it self but must in a Paper by it self set down the Amendments Which ought to â—oe done by setting down in the Paper the Number of the Folio where the Amendment is made naming the Place particularly where the Words of the Amendment are to be Inserted or those of the Bill Omitted The Breviat also annexed to the Bill must be amended accordingly and made to agree with the Bill When all the Amendments are perfected every one being Voted singly all of them are to be read at the Committee and put to the Question Whether the same shall be Reported to the House But when the Vote is to be put any Member of the Committee may move to add to those Amendments or to Amend any other part of the Bill If the Vote of the Committee pass in the Affirmative then commonly the Chair-man is appointed to make the Report Which being done that Committee is
petty Matters and Offences there committed contrary to the Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth-Fair for the better regulating this Fair. Besides the foresaid Courts every Alderman keeps a Court in his Ward called Wardmote for Things relating to his Ward but still under the Direction of the Lord Mayor Who annually issues out his Precept to every Alderman to hold his Wardmote for the Election of Common Council-Men and other Officers The Companies of Traders have also their Courts called Halmotes for regulating what belongs to their several Trades and so called from the Halls or Assembly Places where they meet many of them very stately Buildings CHAP. XVI Of the Punishments inflicted on Malefactors IN the 9th Chapter of this Part I have shewn at large the Manner of Trying Criminals in England wherein is to be commended our English Humanity towards Prisoners that are upon their Trial. When other Nations under pretence that no Man ought to be put to Death but upon his own Confession of the Crime he stands charged with have devised such racking Tortures to extort the Confession as make often the Innocent cry Guilty and prefer Death to the Rack But this I have already toucht upon in my first Part. My Business is now to speak of the Punishments inflicted here upon Criminals of what nature soever Hanging is the usual Punishment to Death in England either for High Treason Petty Treason or Felony But the Manner is different For a Traytor to the King and Government is to be drawn upon a Hurdle or Sledge to the Gallows and there to be hanged by the Neck But then he is presently cut down â—live his Entrals pulled out of his Belly and â—urnt before his Face his Head cut off and his Body divided into four Parts and both the Head and Body hung up or impaled where the King shall command This Punishment indeed considering all its Circumstances seems cruel to such as do not narrowly consider the nature of the Crime Whereas the Law thinks it but reasonable that whosoever indeavours to cut off the King or rend the Government should be himself cut off and rent as before said As for his Lands and Goods they are forâ—eited to the King his Wife if married loses her Dower and if he be Noble his Children lose their Right of Nobility aswell as Inheritance For by the Law Treason taints the Bloud But it is observable as to the Kings Person that it is not only downright killing or murdering the King which makes it High Treason For the very imagining or contriving his Death without any overt Act is High Treason Falsifying and Clipping of Mony is also High Treason by Law But the Offender's Punishment is only to be Drawn and Hanged by the Neck till he be dead The same it is with one guilty of Petty Treason as when a Servant kills his Master or Mistris a Wife her Husband or a Clergy-man his Prelate to whom he ow's Obedience For Felony as Murder Theft or Robbery and other Capital Crimes for which anciently there were several sorts of Punishments the Malefactor is but Hanged since the Reign of Henry I. But when the Robbery is attended with Murder the Criminal after he is hanged and dead is taken down to be hanged in Chains and so to hang in terrorem till the Body be quite rotted off or eaten up by the Birds of the Air. As to Persons of great Birth and Quality convicted of High Treason Petty Treason or Felony tho the Judgment be the same with that of common Persons yet by the Kings Favour they are usually Beheaded Which is performed with an Ax upon a Block lying on the Scaffold and not as in other Countries by a Sword kneeling or standing The Notion of Murder as a Capital Crime invites me to explain two Law-Terms relating to it viz. Manslaughter and Chance-medley Manslaughter is the unlawful killing of one without prepensed Malice As when two that formerly meant no harm one to another meet together and falling out upon some sudden Occasion the one kills the other It differs from Murder because it is not done with fore-going Malice and from Chance-medley because it has a present Intent to kill 'T is Felony but it is allowed the Benesit of the Clergy for the first time Chance-medley otherwise called Manslaughter by Misadventure signifies the casual Killing of a Man not altogether without the Killer's Fault though without an evil Intent for which the Offender shall have his Pardon of course But here must be considered whether the Offender when he committed this Manslaughter by Chance-medley was doing a lawful Thing For if the Act were unlawful it is Felony As if two are fighting together and a third Man comes to part them and is killed by one of the two without any Malice fore-thought or evil Intent in him that killed the Man yet this is Murder in him and not Manslaughter by Chance-medley or Misadventure because they two that fought together were doing an unlawful Act. And if they were met with prepensed Malice the one intending to kill the other then it is Murder in them both Burning alive is sometimes used but only for Witches and Women convicted of High Treason or Petty Treason In the Time of Popery especially in the Reign of Queen Mary this was the proper Punishment for Hereticks that is in the Popish Sense for Protestants When the Papists who ever delighted in humane Sacrifices made Bonefires of them and reserved Hell-fiâ—e for themselves Pressing to Death called by the Law Peine forte dure is a Punishment for those only that being Arraigned either of Petty Treason or Felony refuse to Answer or to put themselves upon the ordinary Trial of God and the Country Which by the Law is called to stand Mute And for this Contumacy the Offender is to be sent back to the Prison whence he came there to be laid in some low dark Room all naked but his privy Members his Back upon the bare Ground his Arms and Legs stretched with Cords fastened to the several Quarters of the Room Then is laid upon his Body Iron and Stone as much as he may bear or more The next Day he shall have three morsels of Barley-bread without Drink and the Day after he shall have for his Drink as much of the next Water to the Prison as he can drink three several times except it be running Water and that without any bread And this is to be his Diet till he Die Which grievous kind of Death some stout Men have chosen to save their Estates to their Children and keep their Bloud from being stained But in case of High Treason though the Criminal stand mute yet Judgment shall be given against him as if he had been Convicted and his Estate shall be Confiscated In many Parts beyond Sea the Criminals hanged or beheaded are denied Christian Burial their Society being declined in the Grave who
the Garter 219 Knights Baronets 223 Knights of the Bath 224 Knights Batchelours Ibid. Knights Banerets 229 L. LAnd-Forces 177 Language of the English 12 English Laws 59 Lent-Preachers 171 The Lord Lieutenant's Power 179 Way of Living among the English 31 M. MAritime Power 181 Earl Marshal of England 131 Master of the Horse 161 Master of the Houshold 149 150 Master of the Wardrobe 160 Master of the Robes 162 Master of the Revels 163 Master of the Ceremonies 164 Maundy Thursday the Ceremony of that Day 173 English Measures 53 Merchants 229 Militia 178 Millenarians 70 Mint-Officers 51 N. ENglish Names 21 Nobility of England their Creation and Distinction 210 c Their Priviledges 215 Noble Women 258 O ORder of the Garter 219 Ordination of Priests and Deacons 251 Ordnance its Office and Officers 194 c. Original of the English 1 c. Oxford Regiment 168 P. PArsons 250 Patrons of Churches 252 Pledging the Original of it 43 Post-Office 47 Poverty a description thereof 230 Power of the King by Sea and Land 113 Prebendaries 248 Prerogative of the King 109 Presbyterians 68 President of the Council 129 Prince of Wales 122 Prince George 208 Princess Ann ibid. Privy Purse 162 Privy Seal 129 Proclamation of the King 98 Pursuivants 163 Q. QVakers 70 Sovereign Queen of England 121 Queen Mary's Character 143 Queen Consort 122 Queen Dowager 122 The present Queen Dowager 207 R. ENglish Recreations 39 Recusants 71 Reformation of the Church of England 63 Regency 117 Religion of England 61 Religion alters the Temper of Men 71 Revenues of the King of England 115 Revenues of the present King Queen 199 Revenues of the Clergy 253 Revenues of the Bishops 244 Rural Deans 249 S. SCotlands Union with England 85 c. Sergeants at Arms 163 Servants 266 Act of Settlement 119 Sextons 257 Ship-yards and their Officers 190 Sidesmen 257 Marks of Sovereignty 94 High Steward of England 126 Lord Steward of the King's Houshold 148 Succession to the Crown 118 T. TEmper of the English 4 Tenure in Villenage 268 Title of the King to the Crown of France 89 Tobacco the Benefits of it 38 The great Trade of England 55 Train-Bands see Militia The English way of Travelling 46 The Lord High-Treasurer 128 Treasurer of the King's House 150 V. S. VAlentines Day 45 Vestry 258 Vicars 253 The Vnreasonableness of the present disaffected Party 144 W. WAles its Union with England 84 Wardrobes of the King 160 Weights used in England 52 Women 258 Laws concerning them 260 261 Y. YAchts 186 Yeomen 228 Yeomen of the Gard 167 The Table FOR THE THIRD PART A ALdermen 73 Alienation Office 53 Apprentices Laws concerning them 112 Aâ—â—zes 80 Attachment 95 B. BAyliffs 74 Benefit of the Clergy 58 C. CHancery see Court Circuâ—ts 80 Clerk of the Market 72 Commission of Assize 81 Commission of Nisi-prius ib. Commission of Peace 82 Commission of Oyer Terminer ib. Commission of Gaol-delivery ib. Committees 30 c. Common Pleas see Court Constables 77 Convocation 96 Coroners 71 Privy Council 43 County Court 68 Court of Chancery 49 Court of King's Bench 55 Court of Common Pleas 59 Court of Exchequer 62 Court of Dutchy of Lancaster 66 Court of Admiralty 91 Court of Marshalsea 94 Court of Requests 94 Court Martial 91 215 Court Leet 75 Court Baron 76 Courts of Conscience 94 Prerogative Court 102 Court of Arches 100 Court of Audience 102 Court of Delegates 103 Court of Peculiars 104 Court of the Lord Mayor of London 106 Court of Aldermen at Lond. 107 Court of Common Council 108 Court of Goal-Delivery 110 Court of the London Sheriffs 111 Court of the Chamberlain ib. Court of the Orphans 114 Cursitors Office 52 H. HEadboroughs 77 House of Lords 11 House of Commons 12 Hustings 109 J. GRand Jury 70 L. A List of the Kings Houshold Officers and Servants 135 A List of the Gentlemen of the King's Bedchamber 144 A List of the Genâ—l Pensioners 152 A List of the Yeomen of the Guard Officers 153 A List of the Officers of the four Troops of Horse ib. A List of the Officers of the Oxford Regim 158 A List of the Officers of the Foot-guards 159 A List of the Chappel Royal 161 A List of the Queens Houshold 163 A List of the Nobility 168 A List of the Bishops 174 A List of the House of Commons 175 A List of the Privy Council 191 A List of the Lords Commissioners and Officers of the Court of Chancery 193 A List of the Judges and Officers of the C. of Kings Bench 19â— A List of the Judges and Officers of the C. of Common Pleas 200 A List of the Judges and Officers of the C. of Exchequer 203 A List of the Judges and Officers of the Dutchy of Lancast 206 A List of the Attorney aâ—â— Solicitor General Sergeants and Council at Law ib. A List of the Lords Commissioners of the Treasury 208 A List of the Officers of the Custom 209 A List of the Officers of the Excise 210 A List of the Officers of the General Post-Office 211 A List of the Officers of the Mint 212 A List of the Lords Commissioners of the Admiralty 213 A List of the Admirals 214 A List of the Commissioners other Officers belonging to the Navy ib. A List of the Officers of the Martial Court 215 A List of the Lords Lieutenants 216 A List of the Governours of Foregn Plantations 219 A List of the Consuls in Foreign Parts 220 A List of the Foreign Ministers residing here ibid. A List of the Knights of the Garter 221 A List of the Knights made by K. William 222 A List of the Deans in England Wales 225 A List of the Colledge of Civilians 226 A List of the Colledge of Physicians 230 A List of the Lord Mayor and Aldermen of London 232 A List of the Lieutenancy of London 234 A List of the Governours of the Charterhouse 236 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Oxford University 237 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Cambridge 239 M. MAster 's of Chancery 50 Master of the Rolls 51 Mayors 73 P. PAper-Office 47 Parliament of England 1 Pie-powder Court 96 Privy Council 43 Q. QVarter Sessions 70 S. SEcretaries of State 45 Sheriffs 67 Sheriffs Turn 68 Signet-Office 47 Speaker of the House of Lords 10 Speaker of the House of Commons 14 Stewards 75 Subpoena Office 53 Swainmote 95 T. TRial of Malefactors 83 W. WArden of the Fleet 54 ERRATA PART I. Page 4. line 12. read Wiltshire p. 7. l. 10. dele of and l. 12. r. third p. 29. l. 5. r. Lincoln p. 81. in the list 1. Burntwood p. 89. l. 11. r. be p. 116. l. 10. r. Rockingham p. 291. l. 25. r. 1209. p. 302. r. only Grocer's Hall p. 324. l. 6. r. 25. p. 329. l. 13. r. 9000. p. 331. l. 16. r. manner p. 341.
the Prince of Orange's Forces coming this way from the West Which two days after was followed by his Desertion of that Place and soon after by the Desertion of the Crown and Government Moreover this City has been for several Ages honoured with the Title of an Earldom 1. in the persons of Patrick and William D'Evreux successively 2. In two Williams surnamed Long-Espèe the first a base Son of King Henry II. by Rosamond 3. In two Nevils both Richards by their Christen-names 4. In the person of George Duke of Clarence who married Isabel Daughter of Richard Earl of Warwick 5. In Edward eldest Son of King Richard III. 6. In Margaret Daughter of George Duke of Clarence created Countess of Salisbury by King Henry VIII And lastly in the Family that now injoy's it the first being Robert Cecil Lord of Essendine and Viscount Cranborn created Earl of Salisbury by King James I. Anno 1605. From whom is descended the present Earl James Cecil Lastly this City is a Place well inhabited and frequented injoying a good Trade And its Markets on Tuesdays and Saturdays are very considerable for all sorts of Provisions The other Market-Towns are Marlborough Sat. Malmsbuâ—y Sat. Chippenham Sat. Werminster Sat. Troubridge Sat. Cricklade Sat. Bradford Mund. Swindon Mund. Calne Tue. Auburn Tue. Lavington Wedn. Wilton Wedn. Highworth Wedn. Devizes Thu. Hindon Thu. Wooten-Basset Thu. Downton Frid. Amersbury Frid. Westbury Frid. Mere Marmister Among which Marlborough or Marleburgh is next to Salisbury the most considerable Town in this County The Town called anciently Cunetio in Antonine's Itinerarium as the River Kennet was upon which it stands but by the Normans in whose Time this Town revived out of the Ruins of the old it was named Marleburgh as being seated in a chalky Soil which in some Places is still called by the name of Marl. A Town stretched out from East to West upon the ascent of a Hill watered by the Kennet not far from the head of it and having the conveniency both of a Forest and Chase in its Neighbourhood the first called Savernake-Forest and the other Aldburn Chase It had once a Castle belonging unto John surnamed Sans Terre who afterwards was King of England The Castle still famous in our Law-Books for a Parliament there held in the Reign of King Henry III. in which were made the Statutes from hence called of Marleburgh for the suppressing of Tumults But King Charles 1. at this Coronation made it yet more notable in making it the Honour as it was the Neighbour of James Lord Ley Lord Treasurer created by that King Earl of Marlbourough Anno 1625. Which Title continued in three Persons more of his Name and Family and since the late Revolution was conferred by our present King upon the Right Honourable John Churchill the present Earl of Marlborough This Town has suffered very much by the frequent Misfortune of Fire under which it groans to this day Near unto this Place is a Village called Rockley from divers Stones like Rocks pitcht up on end Among which there sometimes breaks forth a violent Stream of Water called Hungersbourn by the Country-people by whom 't is reputed as the fore-runner of a Dearth Malmesbury another good Town stands in the North-West Parts of the County pleasantly seated on a Hill near the Spring of the River Avon over which it has six Bridges being almost incircled with that River Chippenham and Bradford are also seated on the Avon and Troubridge near it Amersbury or Ambresbury commonly pronounced Ambsbury on the other Avon near the Stone-henge and but 6 miles North of Salisbury Upon which River near the Confines of Hampshire you will find also the Town called Downton or Duncton Calne is situate on a River so called which runs from East to West into the Bristol Avon This Town is noted for the Provincial Synod held here in the Year 977 to determine the hot Disputes in those Times between the Monks and the Priests concerning Celibacy But whilst they were debating the Matter in hand the Convocation-house suddenly fell down by which Fall several were slain and many cruelly wounded Wilton is seated between two Rivers the Willy Northward and the Nadder Southward From the first it took its Denomination as the whole County from Wilton Once the chief Town thereof and a Bishops See honoured with the Residence of nine several Bishops But by translating the See to Salisbury and carrying thither withall the Thorough-fare into the West-Country which before was here it fell by little and little to decay So that it is at present but a mean Town Yet still a Borough-Town the Place where the Knights of the Shire are chosen and where the Sheriff keeps his monthly County-Courts Werminster of old Verlucio a Town in former Time of very good account is seated at the Springs of the River Willy otherwise called Willybourn Westbury and Devizes are two Borough-Towns that is such Towns as fend Burgesses to Parliament The first situate on the Broke a small River that falls into the Avon Devizes at the very head of another Stream bearing the Name of the Town which likewise do's empty it self into the Avon I pass by the rest as Inconsiderable to take notice of Clarendon a fine spacious Park lying near to and Eastward of Salisbury 'T is seated upon a Hill on which stand twenty Groves severally inclosed and each a mile in compass Adorned in Times past with a Royal House which in process of time is falnto ruin But more remarkable for that in the Reign of Henry the Second Anno 1164 here was made a certain Recognition and Record of the Customs and Liberties of the Kings of England before the Prelates and Peers of the Kingdom for the avoiding Dissentions between the Clergy the Judges and Barons of the Râ—â—lm Which Act was called The Constitutions of Clarendon whereof so many as the Pope approved have been set down in the Tomes of the Councils and the rest omitted But that which has added more lustre to Clarendon is its being Dignify'd with the Title of an Earldom first in the person of Edward Hyde sometime Lord Chancellour of England who was created Viscount Cornbury in Oxfordshire and Earl of Clarendon by King Charles II Anno 1661. Upon whose Death at Rouen in Normandy Dec. 19th 1674 he was succeeded in his Title by his eldest Son Henry Hyde the present Earl of Clarendon To conclude this County which formerly was Part of the Kingdom of the West-Saxons and its Inhabitants part of the Belgae as the Romans called them is now in the Diocese of Salisbury Out of it are chosen besides the two Knights of the Shire no less than 32 Members to fit in Parliament Viz. two out of each of these following Towns New Sarum or Salisbury Wilton Downton Hindon Westbury Heytesbury Calne the Devizes Chippen ham Malmesbury Cricklade Great Bedwin Lurgershal Old Sarum Wootton Basset and Marlborough But we must not omit the famous Caves that ly in
divest him of his whole Authority To this purpose we have still fresh before us the Example of the late King of Portugal who for a few Acts of Rage fatal to very few Persons was put under a Guardianship and kept a Prisoner till he died and his Brother the present King made Regent in his place Which it seems was at least secretly approved by most of the Crowned Heads of Europe and even our Court gave the first Countenance to it Though of all others King Charles II. had the least Reason to do it since it justified a Younger Brother's supplanting the Elder But the Evidence of the Thing carried it even against Interest These are my Authors Arguments which I thought fit to insist upon to justify the Nations taking up Arms for the Defence of their Laws Religion and Property against the late King 's actual and bare-faced Subverting the whole Frame of this most happy and blessed Government A Government which has made many Kings glorious beyond the Great Nimrod of France and their People happy beyond all other Nations A Government which allows enough to a King that cares not to be a Tyrant and enough to the People to keep them from Slavery When the King's Prerogative do's not interfere with the Liberty of the People or the Peoples Liberty with the Kings Prerogative that is when both King and People keep within their own Sphere there is no better framed Government under the Sun Here is Monarchy without Slavery a great King and yet a free People And the Legislative-Power being lodged in the King Lords and Commons joyntly 't is such a Monarchy as has the main Advantages of an Aristocracy in the Lords and of a Democracy in the Commons without the Disadvantages or Evils of either The Government of England being thus constitued I see no Ground there is for passive Obedience where the Kings Commands are visibly contrary to Law and destructive of the Constitution The Measures of Power and consequently of Obedience must be taken from the express Laws of the State or from Immemorial Customs or from particular Oaths which the Subjects swear to their Princes And in all Disputes between Power and Liberty Power must always be proved for Liberty proves it self that being founded only upon a Positive Law this upon the Law of Nature Now 't is plain the Law of Nature has put no Difference or Subordination amongst Men except it be that of Children to their Parents or of Wives to their Husbands So that with relation to the Law of Nature all Men are born Free and this Liberty must be still supposed intire unless so far as it is limited by Contracts Provisions and Laws And as a private Person can bind himself to another Man by different Degrees either as a common Servant for Wages or as an Apprentice appropriate for a longer Time or as a Slave by a total giving himself up to another so may several Bodies of Men give themselves upon different Terms and Degrees to the Conduct of others And as in those Cases the general Name of Master may be equally used tho the degrees of his Power are to be judged by the nature of the Contract so in these all may carry the same Name of King and yet every ones Power is to be taken from the Measures of that Authority which is lodged in him and not from any general Speculations founded on some equivocal Terms such as King Sovereign or Supream But this has been of late so learnedly argued that I shall wave any further Discussion of this Matter This only I shall add that the King of England is by the moderate Assertors of this Monarchy called Pater Patriae and Sponsus Regni By which Metaphorical Characters the King and his Subjects come within the Relation of a Father and Children or within that of a Husband and Wife which is proper enough to represent the Nature and Mildness of the English Government Others make King and Subject to be no other Relation than that of Gardian and Ward Ad tutelam namque says Fortescue Legis Subditorum ac eorum Corporum Bonorum Rex hujusmodi erectus est the King being ordained for the Defence or Gardianship of the Laws of his Subjects and of their Bodies and Goods I have done and now I proceed to a further Description of this Monarchy 'T is Free and Independent that is not holden of any Earthly Potentate or any ways obliged to do Homage for the same as the Kingdom of Naples holden of the Pope by the King of Spain and that of Scotlund which held in Capite of the Crown of England Whereas the Kingdom of England owns no Superiour upon Earth A Monarchy that justly challenges a Freedom from all Subjection to the Emperour or Laws of the Empire For tho the Roman Emperors were anciently possessed of this Country and got by force of Arms the Possession of it yet upon their quitting the same the Right by the Law of Nations returned to the former Owners pro Derelicto as the Civilians speak The same is also free from all manner of Subjection to the Pope of Rome and consequently from those several Inconveniencies and Burdens which ly upon Popish Kingdoms As Taxes paid to that Bishop Provisions and Dispensations in several Cases to be procured from the Court of Rome and Appeals thither in Ecclesiastical Suits 'T is an Hereditary Monarchy and such as allow's of no Interregnum free therefore from those Mischiefs and Inconveniencies which frequently attend such Kingdoms as are Elective Though it is granted at least it seems apparent by History that England has been an Elective Kingdom especially in the Time of the Saxons When upon the King's Death those Persons of the Realm that composed the then Parliament assembled in order to the chusing of another And tho one or other of the Royal Bloud was always chosen yet the next in lineal Succession was often set aside as is evident from the Genealogies of the Saxon Kings But however it was in those and after Times certain it is that ever since King Henry VII the Crown has run in a course of lineal Succession by Right of Inheritance Till the late King having forsaken the Government and abdicated the Kingdom the Crown with the general Consent of the Nation was set upon the Head of the Prince of Orange our present King joyntly with the Princess the next Heir to King James and the Succession settled as will appear afterwards And upon William and Mary our Gracious King and Queen may the Crown long flourish To conclude whatever be the Bent and Inclination of some Men amongst us for a Commonwealth the Generality of the Nation is so much for Monarchy that it is like so to continue as long as the World indures In that Eclipse of Monarchy which hapned before the Restauration of King Charles II how busy then the Commonwealth Party was to provide against its Return and to settle here
King Who in such Case usually make choice of such a Person among the Nobility as is fit for that Station whose private Interest is to preserve the Kings Life and Authority and to whom least benefit can accrue by his Death or Diminution Thus in the Case of Edward VI the Duke of Somerset his Uncle by the Mothers side was made Lord Protector during the Kings Minority And when this Rule has not been observed as in the Minority of Edward V it has proved of very ill consequence But this is observable withall that when thâ— King comes to be 24 Years of Age he may bâ— his Letters Patents under the Great Seal aâ—cording to a Statute made in the Reign of Heâ—ry VIII revoke and utterly null whatsoeveâ— has been Enacted in Parliament during his Mâ—nority When the King was Absent upon any so reign Expedition as several of our Kings have been with good success the Custom was for merly to constitute a Vicegerent by Commission under the Great Seal with the Titâ— of Lord Warden or Lord Keeper of the Kingdom and sometimes that of Protector And such was the Latitude of his Power that except wearing of the Crown he was as great aâ— the King But sometimes the Kingdom durinâ— the King's Absence has been committed to thâ— Care of several Noblemen During the Absence of Henry VIII in France which hapned two several times the Queeâ— was made Regent And so is at this time oâ—â— Gracious Queen Mary during his Majesties so reign Expedition So in case of the Kings Incapacity to govern either through Age or Weakness or by reason of some Incurable Disease a Gardian 〈◊〉 Regent is constituted to govern the Kingdom for Him Such a one was John Duke of Lâ—â— caster in the latter Days of King Edward 〈◊〉 appointed by the King himself who then what with Age and Weakness what with Sickness and Grief for the untimely Death of 〈◊〉 dear Son the Black Prince was much decayâ— both in Body and Mind I come now to the Succession to the Crâ—â— Which is not in England as in France Turâ—â— and amongst Barbarians by excluding Females from the Crown For the Crown of England in its natural Course descends from Father to Sâ—n for want of Sons to the eldest Daughter and her Heirs for want of Daughter to the Brother and his Heirs for want of Brother to the Sister and her Heirs In short upon the Death of the King or Queen upon the Throne the next of Kindred though born out of the Dominions of England or of Parents not Subjects of England is immediately King or Queen before any Proclamation or Coronation And contrary to the Descent of Estates among Subjects the Half Blood inherits as in the Case of Queen Mary and Queen Elizabeth who succeeded King Edward the Sixth though they were his Sisters only by the Father's side But the Government being lately Dissolved by King James his Misgovernment as well as Abdication the Crown was settled in this manner by the Lords Spiritual and Temporal and Commons assembled at Westminster in the Month of December Anno 1689. First upon William and Mary then Prince and Princess of Orange during their Lives and the Life of the Survivor of Them but the sole and full Exercise of the Regal Power to be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity to be to the â—eirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of Orange Upon which the said Prince and Princess now King and Queen of England c. did accept thâ— Crown and Royal Dignity of the Kingdoms oâ— England France and Ireland and the Dominions thereunto belonging And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a Certainty in the Succession thereof the Settlement of the Crown as aforesaid was Confirmed by an Act of the Insuing Parliament which passed the Royal Assent Dec 16. 1689. With this excellent Proviso That Whereas it hath been found by Experience that it is Inconsistent with the Safety and Welfare of this Protestant Kingdom to be Governed by a Popisâ— Prince or by any King or Queen Marrying Papist all and every Person and Persons thaâ— is are or shall be Reconciled to or shall holâ— Communion with the See or Church of Rome or shall profess the Popish Religion or shalâ— Marry a Papist shall be Excluded and be soever Uncapable to Inherit Possess or Injoy thâ— Crown and Government of this Realm and Ireland and the Dominions thereunto belonâ—ing or any Part of the same or to Have Usâ— or Exercise any Regal Power Authority or Jâ—risdiction within the same And in all and 〈◊〉 very such Case or Cases the People of theâ— Realms shall be and are hereby Absolved 〈◊〉 their Allegiance and the said Crown and Government shall from time to time Descend 〈◊〉 and be Injoy'd by such Person or Persons â—â—ing Protestants as should have Inheritâ—â— or Injoyed the same in case the said Pâ—â—son or Persons so Reconciled holding Coâ—munion or Professing or Marrying as afoâ—â—said were naturally Dead By which Act further Confirmed and Asserted by the Act of Recognition passed in the last Session of Parliament the Crown is by Law for ever Insured into Protestant Hands and all Pretence of Popish Succession Nulled and Invalidated CHAP. XI Of the Royal Family Particularly of the Queen and the Sons and Daughters of England THe Queen of England is either a Sovereign or Queen Consort or else Queen Dowager When the Queen is Sovereign as were Queen Mary and Queen Elizabeth the two Daughters of Henry VIII and Sisters of Edward VI. he is invested with all the Regal Power and â—cts as Sovereign And whoever she does marry â—o far from following her Husbands Condition â—he is her Husbands Sovereign as Queen Mary â—as Philip's The Case indeed of our present Queen Mary is â—ifferent She is a Sovereign joyntly with her â—usband King William but the Administration 〈◊〉 the Government and the sole Executive Power â—â—lodged only in the King during their Joynt â—â—ves Except the Time of his Majesties Absence 〈◊〉 his foreign Expedition during which Her â—jesty is Vested by a late Act of Parliament with the Administration and acts as Queen Regent A Queen Consort without Sovereignty is Reputed however the Second Person in the Kingdom and Respected accordingly The Law sets so high a value upon Her as to make it High Treason to conspire her Death or to violate her Chastity She has her Royal Court and Officers apart with a large Dower to maintain her Greatness And though she be an Alien born yet without Denization or Naturalization she may purchase Lands in
High Admiral of England an Office held by Patent and of so great a Trust that it has usually been given to Princes of the Royal Bloud For the Lord High Admiral is Intrusted with no less than the Management of all Maritime Affairs with the Government of the King's Navy with Power of Decision in all Causes Maritime aswell Civil as Criminal of all Things done upon or beyond the Sea in any Part of the World in all Ports and Havens upon the Sea-Coasts and all Rivers below the first Bridge next towards the Sea In short the Admiralty being in a manner a separate Kingdom from the rest the Lord High Admiral may be reputed at least the Viceroy thereof A Multitude of Officers high and low are under him both at Sea and Land some of a Military others of a Civil Capacity some Judicial others Ministerial And under him is held the High Court of Admiralty the Places and Offices whereof are in his Gift The last High Admiral of England was the late King when Duke of York For since he came to the Crown the Office was executed by Seven Lords Commissioners as it is to this day CHAP. XIII Of Their present Majesties King WILLIAM and Queen MARY With a brief Account of Their Accession to the Crown KING WILLIAM our present Monarch is the only Issue of the late Illustrious Prince William of Nassaw Prince of Orange and of the Deceased Princess Royal Mary eldest Daughter to King Charles I who was wedded to the foresaid Prince in the Year 1641. His Majesty was born in Holland Nov. 4th 1650 ten days after his Fathers Death and was Christened by the Names of William Henry William being his Fathers Name and Henry his Grandfathers The House of Nassaw is an Ancient and most Illustrious Family so called from Nassaw a Town and County in Weteravia a Province of Germany That Branch of it from whence the King is descended had their usual Seat at Dillenburg not far from Nassaw before they settled in the Low-Countries whence for Distinctions sake they were named the Earls of Nassaw of the House of Dillenburg Otho of Nassaw who died Anno 1190 was the Founder of the present Family of the Princes of Orange out of which descended Adolph Earl of Nassaw who was chosen Emperour in the Year 1292. By the Marriage of Engelbert the seventh Earl of this House with Mary Daughter and Heir of Philip Lord of Breda in Brabant that Town and Barony with many other fair Estates in the Netherlands was added to the Family And by the Marriage of Henry the tenth Earl of Nassaw Anno 1515. with Claude of Chalons Sister and Heir of Philibert Prince of Orange this Principality bordering upon Provence and Dauphene within the Dominions of France accrued to the Family So much the worse for having so ill an Neighbour as the present French King who has long since rapaciously seized upon it but left however what he could not take away the King 's just Title to it In short our Gracious King William is the 18th Earl of Nassaw beginning with Otho aforesaid and the 7th Prince of Orange of his Family beginning with Rene of Nassaw Son of Henry and Claude who succeeded Philibert his Uncle in the Principality of Orange A Family as much honoured for the personal Merit of the Princes of it as any other in Europe and to which the States of Holland ow the Liberty and Greatness they injoy All the World knows how great a Patron and Assertor of the Belgick Liberties against the Spaniard was the most noble and generous Prince William of Nassaw one of his Majestieâ— Ancestors And to pass by the generous Exploits of his noble Successors till the present King William 't is well known what his Majestly has done to rescue not only his Native Country but the best Part of Europe from its Oppressors It has been of late Years both at home and abroad the Maxim of some Princes to outvy each other in preying upon and destroying not only their Neighbours but their own Protestant Subjects by all Methods of Perfidiousness and Cruelty To establish or maintain their Tyranny they went about to introduce a general Ignorance For where Subjects part with their Reason 't is easy for them to part with their Liberty witness those miserable Inslaved Countries where Popery domineers On the contrary the House of Orange has always appeared against that ravenous and inhumane Principle And as if Providence had appointed them for a Check to Tyranny God has been pleased accordingly to bless their just Indeavours Never the Liberty of England and the Protestant Interest in general lay more at stake than it did in the late Reign 'T is plain there was a general Design to extirpate Herely in a Popish Sense and to inslave all Europe The Plot was laid in the Reign of blessed King Charles who with a shew of Proteslantism made the Way smooth for Popery At last when all Things were finely prepared to the hand of his next Heir King Charles go's off the Stage and his Brother to play the last Act enters and ascends the Throne No Prince more Courteous more Obliging or more Promising at first than He was to his new Subjects The Church of England Triumphed in his Exaltation and Addressed Him from all Parts of the Kingdom as their Tutelaâ— Angel The People in general look'd upon him as an Incomparable Hero who would quickly make it his Business to pull down the Hector of France and to carry the Glory of England beyond all his Predecessors In short so great were the Hopes of this King that Edward III and Henry V the most glorious Monarchs of England were upon his Account to be hissed out of our English Chronicles No body dreamed of a Popish Catechism to be the first step to this Glory nor of an Army to be raised for the defence of it Under whose shelter besides a secret League with France the Prerogative began presently to swell above its Banks the Laws to be Overwhelmed the Liberty and Property of the Subject Invaded the Church of England Crushed that had raised the King to the Throne Popery crowing over all the Nation and to crown all their Hopes presto a Prince of Wales In short to speak in terms of War the Miner was fix'd and we must either Surrender or be Stormed This was our Condition when the Prince of Orange our present King undertook our Deliverance and effected it under God in a miraculous manner Upon whose Approach our Mass-Hero fled left us to shift for our selves and the Popish Party to the mercy of the Rabble This hapned Dec. 11th 1688 a fatal Year in this and the foregoing Age to Popery iâ— England In that state of Anarchy what could the Nation do less than provide for a Settlement under the gracious Influences of the Prince Which was accordingly done in as regular 〈◊〉 Way as the present state of Affairs would â—ow King James having thus deserted the
in Yorkshire Tinmouth Castle in Northumberland and Holy Island near the Coast of that County S. Maries Castle among the Isles of Scilly Pendennis in Cornwal and Portland Castle in Dorsetshire Besides the Islands of Jersey and Garnsey on the Coast of Normandy The Number of Men in each of those Garrisons is uncertain for it is greater or lesser as Occasion serves Most of them are unregimented Companies These together with the Royal Guards being the standing Land-Forces in Their Majesties Pay there is for the Paying of them first a general Officer called the Pay-Master General who has several Clerks under him Next is the Commissary General of the Musters who has a Deputy Commissary in London besides eight other Deputy-Commissaries who have their distinct Circuits in the Country for Mustering the Forces which lye in the several Garrisons There is also a Secretary at War with several Clerks and a Messenger under him Which three considerable Offices are kept at the Horse-Guard Moreover there is a Judge Advocate a Scout-Master General an Adjutant General and a Marshal of the Horse besides a Chirurgeon General Amongst Their Majesties Land Forces we may reckon the Militia or Train Bands of every County as being wholly at the King's Disposal and bound to Assist Him upon all Occasions within the Bounds of the Realm In Queen Elizabeth's Time a general Muster was made by her Order of all Men able to bear Arms from the Age of 16 to 60 who then amounted to three Millions of Men whereof six hundred Thousand fit for War But in Time of Peace the Matter is so regulated that there is not above one hundred thousand Horse and Foot actually Inrolled for the Defence of the Realm The Management whereof is in the hands of the Lord Lieutenants of the several Counties of England who are usually of the principal Rank amongst the Peers of the Realm chosen for that purpose by the King and so created by his Commission They have Power by Act of Parliament to charge any Person with Horse Horsemen and Arms that has 500 l. a Year or 6000 l. personal Estate and with a Foot Souldier any Person that has 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together either to find a Horse and Horseman or a Foot Souldier according to their Estates They have also Power to Arm Array and Form the Forces into Companies Troops and Regiments and to make their Officers by giving them Commissions and upon any Rebellion or Invasion to lead and imploy the Men so Armed within their respective Counties or into any other County as the King shall give Order They name their Deputy Lieutenants and present them to the King for his Confirmation Who are to be of the principal Gentry of the Country and have the same Power as the Lord Lieutenant in his absence To find out Ammunition and other Necessaries there is a Tax of 70000 l. a Month upon the whole Kingdom whereof the Lord Lieutenants or Deputies or any three or more of them may levy a Fourth Part of each Mans Proportion in it And when occasion shall be to bring the Militia into actual Service the Persons so charged are to provide each Souldier respectively with pay in hand for a Month at the rate of 2 shill a Day for a Horseman and 12 pence for a Foot Souldier For Repayment of which Mony and the satisfaction of the Officers for their Pay during the time aforesaid Provision is to be made by the King out of the publick Revenue and till the same be actually performed none can be charged with another Months Pay These Forces are always to be in readiness with all Things necessary at the beat of Drum or sound of Trumpet to appear muster and be at certain times trained and disciplined Now to give speedy notice of an approaching Invasion there are all over England high Poles erected upon eminent Places both Inland and Maritime with Pitch-barrels fastened on the Top known by the name of Beacons Which being set on fire one by the sight of another the whole Kingdom has thereby notice in few Hours of the approaching Danger Whereupon the Militia to secure the Kingdom makes haste to the Sea-Coasts As for the present Army which God has lately blest with a glorious Victory carrying with it the Reduction of Ireland and I hope a Fate upon France it was lately Computed to be near Fifty thousand strong Horse Foot and Dragoons consisting of English Irish French Danish and Dutch Forces I wish for the satisfaction of the Reader that I could give a particular and exact Account of this brave and gallant Army But rather than do it imperfectly I beg the Reader 's leave to decline it And so I come to the Maritime Power of England Which consists in general of about 130 Men of War besides Fireships Yachts Hulks Ketches Sloops Hays and Smacks and several other Vessels for Tenders and Victuallers The Men of War are divided into six Rates or Ranks Built in several Places but most at Woolwich Chatham Deptford Blackwall Harwich and Portsmouth The following List gives you the Names of them according to their Rates in the Alphabetick Order with the Year when they were built also the Number of Tuns Men and Guns each of them commonly carries abroad in Time of War Those whose Names be in the Roman Letter are the Thirty that were built by an Act of Parliament made in the Year 1676. First Rates Ships Built An. Tuns Men. Guns S. Andrew 70 1313 730 96 Britannia 82 1620 815 100 Charles 67 1229 710 96 Royal Charles 72 1531 780 100 Royal James 75 1422 780 100 London 70 1328 730 96 S. Michael 69 1101 600 90 Royal Prince 70 1403 780 100 Royal Sovereign  1605 815 100 Rebuilt     Second Rates Albemarle 81 1462 660 90 Catharine 64 1050 540 82 Coronation 85 1475 660 90 Duke 82 1546 660 90 Dutchess 79 1475 660 90 S. George 22 891 460 72 Neptune 83 1475 660 90 Ossory 82 1300 660 90 Rainbow 17 868 410 64 French Ruby  868 570 80 Sandwich 79 1395 660 90 Triumph 23 891 460 70 Vangard 78 1357 660 90 Victory Rebuilt 63 1029 530 82 Unicorn 33 823 410 64 Windsor Castle 78 1462 660 90 Third Rates Berwick 79 1089 460 70 Breda 79 1050 460 72 Burford 79 1174 460 70 Cambridge  941 420 70 Captain 78 1164 460 72 Defiance 75 881 420 70 Dreadnought 53 732 355 62 Dunkirk 51 662 340 60 Eagle 79 1057 460 70 Edgar 68 994 445 72 Elizabeth 79 1151 460 70 Essex 79 1068 460 70 Exeter 79 1070 460 70 Expedition 78 1057 460 70 Grafton 79 1184 460 70 Hampton Court 78 1105 460 70 Harwich 74 993 420 70 Hope 78 1058 460 70 Kent Rebuilt 79 1064 460 70 Lenox 78 1096 460 70 Lyon Rebuilt 58 717 340 60 Mary 49 777 355 62 Monk 59 703 340 60 Monmouth
eldest Sons Marquesses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons But 't is to be observed that all Dukes that are not Princes of the Bloud are preceded by these four Great Officers of the Crown though they be but Barons viz. the Lord Chancellour the Lord Treasurer the Lord President of the Privy Council and the Lord Privy Seal I leave out the Lord High Steward of England because none of this Office is continued beyond the present Occasion As for the Lord Great Chamberlain of England the Lord High Constable the Lord Marshal the Lord High Admiral the Lord Steward of the King's Houshold and the Lord Chamberlain of the King's Houshold they sit above all of their Degree only The Nobility of England have at all times injoyed many considerable Priviledges Though neither Civil nor Common Law allow any Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any oath is esteemed valid And whereas the law allows any one of the Commonalty arraigned for Treason or Felony to challenge 35 of his Jury without shewing Cause and others by shewing Cause a Peer of the Realm cannot challenge any of his Jury or put any of them to their Oath the Law presuming that they being Peers of the Realm and judging upon their Honour cannot be guilty of Falshood Favour or Malice In Criminal Causes a Peer cannot be tried but by a Jury of the Peers of the Realm who are not as other Juries to be put to their Oath but their Verdict given in upon their Honour sufficeth All Peers of the Realm being lookt upon as the King 's constant Counsellors their Persons are at all Times priviledged from Arrests except in Criminal Cases Therefore a Peer cannot be Outlawed in any Civil Action and no Attachment lies against him The only Way for satisfaction from a Peer is by Execution taken forth upon his Lands and Goods and not by Attachment or Imprisonment of his Person So tender is the Law of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose called Scandalum Magnatum to punish all such as by false Reports â—ring any scandal upon them They are exempted from all Attendance at Leets or Sheriffs Turns where others are obliged to take the Oath of Allegiance And whereas for the suppressing of Riots the Sheriff may raise the Posse Comitatus yet he cannot command any Peer of the Realm to attend that Service In Civil Causes they are not to be Impanelled upon any Jury or Inquest de facto though in a Matter between two Peers and if a Peer be returned upon any such Jury there lies a special Writ for his Discharge They are upon no Case to be bound to their good Behaviour or put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated Every Peer of the Realm summoned to Parliament may constitute in his lawful absence a Proxy to Vote for him which none of the Commons may do And any Peer in a Place of Trust is free to make a Deputy to act in his absence whilst he attends the Person of the King Where a Peer of the Realm is Defendant no Day of Grace is to be granted to the Plaintiff the Law presuming that a Peer of the Realm must always be ready to attend the Person of the King and the Service of the Commonwealth Therefore he ought not to be delayed any longer than the ordinary Use of the Court but tâ— have expedition of Justice In any Civil Trial where a Peer of the Realâ— is Plaintiff or Defendant there must be at leasâ— one Knight returned of the Jury Otherwisâ— the Array may be quashed by Challenge In all Cases wherein the Priviledge of the Clergy is allowed to other Men and in divers Cases where that Priviledge is taken away from them a Peer of the Realm upon his Request shall be for the first time adjudged as a Clerk Convict though he cannot read And that without burning in the Hand loss of Inheritance or Corruption of Bloud In case of Amerciaments of the Peers of the Realm upon Non-Suits or other Judgments a Duke is to be amerced but Ten Pounds and all others under Five This to be done by their Peers according to Magna Charta though it has been often done of late by the King's Justices A Peer of the Realm being sent for by the King to Court Parliament Council or Chancery has the Priviledge passing by the King's Park or Forest both coming and returning to Kill one or two Deer An Earl has 8 Tun of Wine Custom-free and the rest proportionably All Peers of the Realm have a Priviledge of Qualifying a certain Number of Chaplains to hold Plurality of Benefices with Cure of Souls But it must be with a Dispensation first obtained from the Archbishop and the same ratified under the Great Seal of England Thus a Duke may qualify six Chaplains a Marquess and Earl five a Viscount four and a Baron â—hree A Peer of the Realm has also the Priviledge â—f Retaining six Aliens whereas another may â—ot Retain above four These are the chief Priviledges belonging to â—e Nobility of England which are great and â—onsiderable And yet none of them ever had the Priviledge of the Grandees of Spain to be covered in the King's Presence except Henry Ratcliff Earl of Surrey 'T is true the Princes of the Bloud have often had the honour of being covered but then it was by the King 's gracious Command not by virtue of any constant Priviledge Neither are our Noblemen exempted as in France from Tailles and Contributions but always bear a share proportionable And in case of a poll-Poll-Act they are usually thus Rated according to their several Degrees of Honour Viz. Â l. s. d. A Duke 50 00 00 A Marquess 40 00 00 An Earl 30 00 00 A Viscount 25 00 00 A Baron 20 00 00 Those of their Sons which have attained to 16 Years of Age are thus taxed As. Â l. s. d. The Eldest Son of A Duke 30 00 00 The Eldest Son of A Marquess 25 00 00 The Eldest Son of An Earl 20 00 00 The Eldest Son of A Viscount 17 00 00 The Eldest Son of A Baron 15 00 00 A Younger Son of A Duke 25 00 00 A Younger Son of A Marquess 20 00 00 A Younger Son of An Earl 15 00 00 A Younger Son of A Viscount 13 06 00 A Younger Son of A Baron 12 00 00 The Nobles to bear up their Rank have generally great and plentiful Estates some of them beyond those of several Princes beyond Sea And till the Civil Wars in the Reign of Charles I. they lived with suitable splendour and Magnisicence Keeping a plentiful Table and a numerous Attendance with several Officers delighting in
Piety and Sobriety Wardens of Hospitals Physicians Chirurgeons Schoolmasters and Midwives fall particularly under the Care of their Visitation Of the foresaid 26 Bishops there are two called Archbishops the one of Canterbury and the other of York These have a Superintendency over all the Church of England and in some measure over the other Bishops They have each of them his Province or Jurisdiction but that of Canterbury is much the greater of the two For of 26 Dioceses it takes up 22. Whereof 18 in England viz. Canterbury London Winchester Lincoln Exeter Hereford Salisbury Coventry and Lichfield Bath and Wells Oxford Chichester Ely Norwich Carlisle Worcester Glocâ—ster Bristol Peterborough and four in Wales viz. S. Asaph Landaff Bangor and S. Davids Whereas the Province of York has but four Diocesses York Durham Chester and Carlisle besides that of the Isle of Man Each of these Archbishops is called Primate of England and Metropolitan of his Province Yet the first has some kind of Supereminency over the other and has Power to Summon him to a National Synod Next to the two Archbishops are the Bishops of London Durham and Winchester the Order of the rest being by no other Rule than the Priority of their Consecration The Bishop of London has the Precedency of all the other Bishops not only as being Bishop over the Metropolis of England but as Provincial Dean of Canterbury And upon the Vacancy of the Archiepiscopal See the Bishop of London has been usually translated to that See excepting the Case of Dr. William Sandcroft the present Archbishop of Canterbury who from Dean of Paul's was preferred to this Dignity by King Charles II. The Bishop of Durham has been a Count Palatine six or seven hundred Years The common Seal of his Bishoprick has been of a long time an Armed Knight holding in one hand a Naked Sword and in the other a Church He has also at this day the Earldom of Sadberg annexed long ago to this Bishoprick The Bishop of Winchester was anciently reputed Earl of Southampton and so stiled by Henry VIII in the Statutes of the Honourable Order of the Garter But that Earldom was soon after disposed of The Manner of making a Bishop in England is so solemn that it is not to be pretermitted When a Bishops See becomes vacant first the Dean and Chapter of the Cathedral give notice of it to the King as the Patron of all the Bishopricks in England and humbly request his Majesty that He will give them Leave to chuse another Whereupon the King grants them his Conge d'eslire that is Leave to elect and withal does usually recommend unto them whom His Majesty thinks fit Then the Dean summons a Chapter that is the Prebendaries of the Cathedral who either elect the Person recommended by the Kings Letters or shew Cause to the contrary The Election being over it is certified to the Party elected Who does modestly refuse it the first and second time if a third time the same is certified to the King who recommends another When the Election is accepted it is certified to the King and the Archbishop of that Province The King thereupon gives his Royal Assent under the Great Seal of England which is exhibited to the Archbishop of that Province with Command to confirm and consecrate him Then the Archbishop subscribes Fiat Confirmatio and gives Commission under his Episcopal Seal to his Vicar General to perform all the Acts thereunto required Then a Citation comes forth from the said Vicar General in the Name of the Archbishop summoning all the People that have any Thing to object against the Party elected to appear at a certain Time and Place to make their Objections Which is done first by Proclamation three several times at Bow-Church and then the Citation is affixt on the Church door for all people to read At the Day and Place assigned for the Opposers Appearance the Vicar General sitting as Judge the Proctor for the Dean and Chapter exhibits the Royal Assent and the Commission of the Archbishop Which being read and accepted by the Vicar General the Proctor exhibits the Proxy from the Dean and Chapter presents the Bishop elect returns the Citation and desires the Opposers to be called in three times This being done accordingly and none appearing they are pronounced Contumacious and a Decree made to proceed to Sentence in the behalf of the Bishop elect Who thereupon takes the Oaths of Supremacy Simony and Canonical Obedience and then the Judge of the Arches reads and subscribes the Sentence After which there is usually an Entertainment made for the Officers and other there present And the Bishop elect being thus Confirmed may act as Bishop even before he is Consecrated Some time after this follows the Consecration For the Bishops are a distinct Order of themselves there being three Orders in the Church of England Bishops Priests and Deacons And as none may be admitted a Deacon without a Dispensation under the Age of 23 Years nor a Priest under 24 so none can be made a Bishop till he be full 30 Years of age And whereas Priests and Deacons when they take their respective Orders are said to be Ordained a Bishop when he takes the Episcopal Order is said to be Consecrated The Consecration is performed by the Archbishop of the Province or some other Bishop Commissioned by him with the Assistance of two other Bishops either in the Chappel of the Archbishop or of any other Bishop And it is done either upon a Sunday or Holy-day after Morning-Service Then the Archbishop or his Deputy begins the Communion-Service And after a certain Prayer appointed for this Occasion one of the Bishops present reads the Epistle 1 Tim. 3 another the Gospel John 21. Which is followed by the Nicene Creed and next to that a Sermon After Sermon the Bishop elect being vested with his Rochet or Linnen-Garment is by two Bishops presented to the Archbishop or his Deputy sitting in his Chair who demands the King's Mandate for the Consecration and causes it to be read That done the Bishop elect takes the Oath of Supremacy and of Canonical Obedience to the Archbishop After which they fall to Prayers Then the Bishop elect does Answer several Interrogatories that are put to him and after his Answers the rest of the Episcopal Habit is put upon him This done they Kneel down to Prayers again Which being ended the Bishop elect being upon his Knees the Archbishop and Bishops there present lay their Hands on his Head and by a pious grave Form of Words they Consecrate him Afterwards the Archbishop delivers a Bible to the Bishop elect with another set Form of Words Then they all proceed to the Communion and having received the Sacrament they depart with the Blessing Then the new Bishop treats at a spelendid Dinner the chief of the Nobility Clergy Judges Privy Counsellours c. Which Dinner with the Fees of Consecration does usually amount to five or six hundred
Parliament dispenses with that Act. Neither can any be legally chosen that is not of full Age that is 21 Years old at least And reason good for if no Man under that Age can dispose of his Estate much less should he have any share in the supream Power of the Nation to judge vote or dispose of the Estate of the Realm Yet the Practice in the House of Commons has often been otherwise in the House of Lords but seldom Whoever stands to be Elected must be a Native Englishman or at least must be Naturalized by Act of Parliament No Alien Denizated ought to sit here None of the Judges can be chosen that sit in the Bench Common Pleas or Exchequer because they are Assistants in the Lords House But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament are Eligible No Sheriff nor Clergy-man can be chosen a Member of Parliament Not the first because his personal Attendance is required within his Bayliwick during the time of his Sheriffalty Nor the last because he is of another Body viz. the Convocation and the Clergy of the Convocation-House are no Part or Member of the Parliament A Man attainted of Treason or Felony c. is not Eligible For he ought to be magis idonâ—us discretus sufficiens But a Person Outlawed in a Personal Cause may be a Burgess And tho the Common Law do's disinable the Party yet the Priviledge of the House being urged prevails over the Law Anciently the Elected Members had a competent Allowance from the respective County City or Borough for which they served in Parliament A Knight of the Shire was allowed 4 shill and a Citizen or Burgess 2 shill a Day which in those Days was a considerable Sum. But then the Sessions were but short sometimes but eight Days sometimes less seldom above three or four Weeks and yet during that short space of time several great and weighty Affairs were dispatched Which as some think were prepared to their hand by the King and Council as it is now practised in Sweden by the 40 Counsellors of State and in Scotland by the Lords of the Articles And if they did only debate upon such Things as the King did propose a little Time might serve well enough to do it But it do's not appear to be so by what passed Feb. 9. 1597 39 Eliz. When the Queen gave her Royal Assent to 24 publick and 19 private Bills but refused 48 Bills more which had passed both Houses Certain it is that there was less Canvassing and more Plainness in those Days than there is at present The Place of Meeting for this honourable Assembly is in whatsoever City Town or House the King pleases But of latter times it has been ufually at the Kings ancient Palace at Westminster the Lords in a Room by themselves and the Commons not far from them in another Room which formerly was S. Stephens Chappel When the Day prefixt by the King in his Writs of Summons is come His Majesty usually comes in person to the House of Lords cloathed with his Royal Robes the Crown upon his head and the Sword of State before Him At the upper end of the Room is placed a Chair of State under a Canopy upon which His Majesty sits Then all the Temporal Peers appear in their Scarlet Robes every one according to his Degree and the Spiritual Lords in their Episcopal Habit which they do all the Sessions On the Kings right hand next the Wall are placed on a Form the two Arch-Bishops next below on another Form the Bishops of London Durham and Winchester then upon other Forms on the same side all the rest of the Bishops sit according to the priority of their Consecration The Lord Chancellor or Keeper when there is one stands behind the Cloth of State or fits on the first Wool-sack before the Chair of State with his Great Seal and Mace by him On the Kings left hand are placed the Treasurer President of the Council and Lord Privy Seal of they be Barons above all Dukes but those of the Royal Family if not Barons then they sit uppermost on the Wool-sacks And on the same side sit the Dukes Marquesses or Earls according to their Creation Cross the House below the Wool-sacks the first Form is that which the Viscounts sit upon and upon the next Forms the Barons all in order The King being thus seated in his Throne with this noble Appearance of the Peers of the Realm all standing uncovered his Majesty sends for the Commons from their Room where they are assembled Who being come at least part of them stand at the Bar of the Lords House Whereupon the King makes a short Speech to both Houses concerning such Matters as He thinks fit to lay before them for the Good of the Kingdom Amongst which that of a Supply of Mony is most commonly one in order to answer the extraordinary Charges of the Crown The King having ended his Speech the Chancellor or Lord Keeper did formerly use by the Kings Appointment to inlarge upon it with all the Rhetorick and Logick the Matter could bear to dispose both Houses to a Compliance with the King But His present Majesty has declined that Method and being a Prince of few Words gains more upon rational Men by his concise and plain Way of Delivery as the more agreeable to a true generous Nature than perhaps he might with all the Windings and Turnings of artificial Rhetorick Then the Speaker of the House of Lords commands in the Kings Name the Commons to assemble in their House there to chuse one of their Members for their Speaker and to present him such a Day to His Majesty Upon which the King withdraws and the Commons presently re-assemble themselves in the Lower House in order to chuse one of their Members for Speaker Sometimes as in the last Session the Speaker is chosen by the Kings Command before fore His Majesty delivers his Speech to both Houses of Parliament After the Speaker is chosen and the Choice approved by the King His Majesty leaves both Houses to their private Debates upon the Subject of his Speech and do's no more appear amongst them that Session in his Royal Robes except upon the passing of any Act or at the Close of the Session whether it be by Adjournment Prorogation or Dissolution 'T is true upon any extraordinary Debate in the House of Lords 't is customary with the Kings of England to assist at the same not to argue upon it or to influence the House one way or other but only to hear the Arguments of the House upon the Matter in Debate But then the King appears without his Crown and Robes and every Peer sits except when he speaks to the House as if the King were not there The House of Lords otherwise called the House of Peers or the Vpper House consists of 189 Members Viz. 163 Temporal Lords whereof 14 Dukes 3 Marquesses
House And thirdly Freedom from Arrests Which humble and modest Way of the Peoples addressing to the King for His Majesties Assent to their ancient Priviledges is becoming the Reverence due to the Majesty of the Prince But it is no Argument as some would have it that either the Laws thereupon made or the Priviledges so allowed are precarious and may be refused them The Speakers Oration being answered in the Kings Name by the Speaker of the House of Lords and his Petitions allowed he with the Commons departs to the Lower House And then is the first time that the Mace is carried before him Being come to the Chair he makes a short Speech to the House to this effect That Whereas they have been pleased to chuse him for their Speaker he hopes they will assist him in that Station and favourably accept hiâ— sincere Proceedings for their Service That done the Custom is to read for that Time only one Bill left unpast the last Sessions to give him Seisin as it were of his Place In the Lords House 't is observable that when the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that come into the Kings Prefence-Chamber And then the Judges when called in upon any Point of Law may siâ—â— but may not be Covered till the Speaker signify unto the them Leave of the Lords The Kings Council and Masters of Chancery sit also but may not to be Covered at all And when the King is present the Judges stand till the King gives them leave to sit But we have dwelt long enough upon the Preliminaries if I may say so of a Session of Parliament and 't is time to shew their Proceedings the manner of their Debates and Passing of Bills and Acts which is â—hus First Care is taken in each House to Vote Thanks to his Majesty for his Gracious Speech Then they appoint their standing Committees of which more afterwards And to discover what Members are absent without just Cause or leave of the House the House is called from time to time thus Every Member whose Name is called over uncovers his Head and stands up at the mention of his Name If he be absent he is either excused and entred accordingly or if none excuse him he is entred Defieit Such as are present are marked and the Defaulters called over again the same Day or the Day after sometimes summoned and sometimes sent for by the Sergeant If any Intruder be discovered to sit in the â—ouse being no Member thereof he is preâ—ently committed to the Sergeants Custody for â—â—me days and at last humbly begging the â—ardon of the House upon his Knees at the Bar â—e is Released paying his Fees As to the Matter of Debates the House 〈◊〉 free to take what Latitude they please â—ithout confining themselves to the King's â—peech As they are best acquainted with the State of the Nation and the publick Grievances these often do take place If any Laws are fit to be Abrogated and new ones Made this is a proper Subject for them to go upon And whilst they mind the Welfare of the Nation 't is to be supposed they mind that of the King In order to which any Member of the House may offer a Bill for the publick Good 〈◊〉 except it be for Imposing a Tax which is not to be done but by Order of the House first had And he that tenders the Bill must first open the Matter of it to the House and offer the Reasons for admitting thereof upon which the House will either admit or deny it But if any member desire that an Act made and in force may be Repealed or Altered he is first to move the House in it and have their Resolution before any Bill to that purpose may be offered If the House shall think it fit upon the Reasons alledged their usual Way is to appoint one or more of the Members to bring in a Bill for that purpose A private Bill that concerns any particular Person is not to be offered to the House till the Leave of the House be desired and the substance of such Bill made Known either by Motion or Petition Petitions are usually prescribed by Members of the same County the Petitioners are of If they be concerning private Persons they are to be subscribed and the Persons presenting them called in to the Bar to avow the substance of the Petition especially if it be a Complaint against any The preferring of Bills either to be Read or Passed ly's much in the Speaker's Power For though he be earnestly pressed by the House for the Reading of some one Bill yet if he have not had convenient time to Read the same over and to make a Breviate thereof for his own Memory he may claim a Priviledge to defer the Reading thereof to some other time Formerly the Speaker had liberty to call for a trivate Bill to be Read every Morning The Clerk of the House is usually directed by the Speaker and sometimes by the House what Bill to read who with a loud and distinct Voice first reads the Title of the Bill and after a little Pawse the Bill it self Which done Kissing his hand he delivers the same to the Speaker Then the Speaker stands up uncovered whereas otherwise he sits with his Hat on and holding the Bill in his hand says This Bill is thus Intituled and then reads the Title Whereupon he opens to the House the substance of the Bill which he does either by trusting to his Memory or with the help of a Breviate filed to the Bill The effect of the Bill being thus opened he declares to the House that it is the first Reading of the Bill and delivers it again to the Clerk For every Bill is to be Read three times before it can be made an Act. Except a Bill of Indemnity coming from the King which has but one Reading in each House because the Subject ought to take it as the King will give it The same it is with a Bill of Subsidies granted by the Clergy At the first Readâ—â— of the Bill 't is not usual with the House to speak to it or put it to the Question but rather to take time till the second Reading in order to consider of it in the mean while Nor to move for any Addition to it which were to imply that the Body of the Bill is good before it comes to a regular Trial upon the Second Reading But if any Bill originally begun in the Lower House happen upon the first Reading to be debated to and fro and that upon the Debate the House do call for the Question the Question ought to be not Whether the Bill shall be read the second time which is the ordinary Course but Whether it shall be Rejected Whereas to a Bill coming from the Lords so much favour and respect is shewn that if upon the first Reading it be spoken
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
Hoods lined with Taffety if they be of Oxford or white Minever Furr if of Cambridge and all round black Velvet Caps Besides the Advocates here are also ten Proctors to manage other Mens Causes Who wear Hoods lined with Lambs-Skin if not Graduates but if Graduates Hoods proper to the Degree According to the Statutes of this Court all Arguments made by Advocates and Petitions by the Proctors are to be made in Latine All Process of this Court runs in the Name of the Judge To this Court belong two principal Officers that attend it Viz. an Actuary who sets down the Judges Decrees registers the Court Acts and sends them in Books to the Registry Then a Register whose Office is by himself â—or Deputy to receive all Libels or Bills Allegations and Exhibits of Witnesses to file all Sentences and keep the Records of the Court. Next to which is the Beadle an inferiour Officer who carries a Mace before the Judge â—nd calls the Persons that are cited to appear All Places and Offices belonging to this Court are in the Arch-Bishops Gift The Audience Court is a Court of equal Authority with the Arches tho inferiour both in Antiquity and Dignity The Original of this Court was thus The Arch-Bishop of Canterbury heard many Causes extrajudicially at home in his own Pallace but before he would finally determine any thing he did usually commit them to be discussed by certain Men learned in the Civil and Canon Laws who thereupon were called his Auditors till at last those Causes were committed to One thence named Causarum Negotiorumque Audientiae Cantuariensis Auditor seu Officialis And with this Office was joyned heretofore the Arch-Bishops Chancery which properly meddles not with any point of contentious Jurisdiction or deciding of Causes between Party and Party but only of Office as the Granting the Custody of the Spiritualities during the Vacation of Bishopricks Institution to Benefices Dispensing with Banes of Matrimony c. But this is now distinguished from the Audience The Prerogative Court is the Court wherein all Wills are proved and all Administrations taken that belong to the Arch Bishop by his Prerogative that is where the Deceased had Goods of any considerable value out of the Diocese wherein he died And that Value is usually 5 l. except it be otherwise by Composition between the Arch-Bishop and the Bishop as in the Diocese of London where it is 10 l. If any Contention arise between Two or more touching any such Will or Administration the Cause is properly debated and decided in this Court The Judge whereof is termed Judex Curiae Praerogativae Cantuariensis the Judge of the Prerogative Court of Canterbury Who is attended in the Court by a Register or his Deputy whose Office is to set down the Decrees and Acts of the Court to Keep the Records all Original Wills and Testaments of Parties deceased that have left Bona Not abilia c. His Office is commonly called the Prerogative Office now Kept in the Deans Court near St. Paul's Church-yard where for a moderate Fee one may have a Copy of any such Testament And Under the Register are Six Clerks severally appointed for such and such Counties This Court formerly held in the Consistory of St. Pauls is now Kept in the Common-Hall at Drs. Commons next Day after the Arches in the Afternoon All Places belonging to this Court are in his Grace's Gift The Archbishop of York has also the like Court which is termed his Exchequer but far inferiour to this in Power and Profit He has also an Audience Court For Civil Affairs that concern the Church the highest Court is the Court of Delegates A Court which consists of Commissioners delegated or appointed by the King's Commission to sit upon an Appeal to Him in the Court of Chancery and is granted in three Cases First when a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly when any Sentence is given in any Ecclesiastical Cause in Places exempt Thirdly when Sentence is given in the Admiralty in Suits Civil and Marine by order of the Civil Law The Judges are appointed by the Lord Chancellour under the Great Seal of England pro illa vice and upon every Cause or Business there is a new Commission and new Judges according to the nature of the Cause As sometimes Bishops Common-Law Judges Noblemen Knights and Civilians sometimes Bishops and Civilians at other times Common Law Judges and Civilians and sometimes Civilians only This Court is Kept in the same Place as the former the next Day after the Prerogative-Court in the Afternoon Here the Citations and Decrees run in the King's Name and to this Court belongs a standing Register From this Court lies no Appeal in common Course But the King may and sometimes does grant a Commission of Review under the Great Seal The Court of Peculiars is about certain Parishes that have Jurisdiction within themselves for Probate of Wills c. being exempt from the Ordinary and the Bishops Courts 'T is an ancient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong to it they forthwith become exempt from the Ordinary and are reputed Peculiars And there are reckoned in his Province no less than 57 such Peculiars So the King's Chappel is a Royal Peculiar exempt from all Spiritual Jurisdiction and reserved to the Visitation and immediate Government of the King himself who is supreme Ordinary Besides these Courts serving for the whole Province every Bishop has his Court held in the Cathedral of his Diocese Over which he hath a Chancellour anciently termed the Church-Lawyer who being skilled in the Civil and Canon Law sits there as Judge But if his Diocese be large he has in some more remote Place a Commissary whose Authority is only in some certain Places of the Diocese and certain Causes limited to him by the Bishop in his Commission These are called Consistory Courts Every Arch-Deacon besides has his Court and Jurisdiction where smaller Differences arising within his Limits are pleaded The Dean and Chapter of every Cathedral or Collegiate Church have also a Court wherein they take Cognizance of Causes happening in Places belonging to the Cathedral The proper Matters belonging to Ecclesiastical Courts are Ordinations Institution of Clerks to Benefices Celebration of Divine Service Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Rights of Matrimony Divorces general Bastardy Probate of Wills Administrations Pensions Procurations Commutation of Penance c. the Cognizance whereof does not belong to the Common Law Also Apostacy from Christianity Simony Heresy Schisms Blasphemy Fornication Incests Adulteries The Manner of Trials here is different from those at Common Law as thus First goes forth a Citation then a Bill and Answer after that they proceed to Proofs Witnesses and Presumption the Matter being argued pro and con and the Canon and Civil Laws quoted Upon which the definitive Sentence of the Judge passeth without any Jury
against the Executor and so much of his Will as shall be contrary to the Custom will be declared void and of none effect But if a Freeman die without a Will and leave a Wife and Children this Court grants Administration of his Estate to his Widow By the Custom of London she will claim a third part of his Estate one third must be divided amongst his Children and the other third between the Wife and Children but so that usually the Widow is allowed two Thirds of the Freemans third part and the Children one Third thereof If a Freeman shall in the time of his last Sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other Person with Intent that such Person shall keep the same to his or her own Use such Gift being against the Custom of London shall be accounted part of the Freemans Estate at the time of his Death and may be recovered by Bill in this Court. For a Freman cannot in the time of his Sickness whereof he shall die give away any part of his Estate otherwise than by his last Will. If a Freeman having given in his Life-time part of his Estate to any of his Children in Marriage or otherwise do afterwards make his Will and give all his Estate away to his other Children with a Declaration that the Child he so disposed in Marriage had received 500 l. or more of his Estate and was thereby fully advanced such Declaration shall not bar the Person so married but he or she may recover after the Father's Decease an equal share with the other Children But then the Mony received of his Father in his Life-time must come into the Account and be reckoned part of the Estate left by him at his Death Which is called bringing of the Mony into Hotchpot Moreover if a Freeman shall settle or make over any part of his Estate to the Use of his Children with design to defraud his Wife of her full third Part the Widow may after his Death set aside such Settlement by a Bill in this Court Lastly when an Inventory is exhibited in this Court and the Orphans can prove any Goods omitted or undervalued or any Debts charged to be owing from the Deceased which were not real and just Debts In such Case upon Complaint made the Clerk will summon a Jury to inquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any Omissions Undervaluations or Surcharges then the Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compel him to make so much as shall be found by the Jury to be omitted undervalued or surcharged Unless he can by Proof discharge himself thereof before the Court of Aldermen who upon Application made by any Executor will examine into his Accounts and do right to all Parties without any Expence to the Executor or the Orphans And when it shall appear by an Inventory that many Debts are standing out due to the Deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Account from time to time when he shall be thereunto required which is usually once in a Twelve-month And if upon the Exhibiting thereof it shall appear that any Mony is due to the Orphans the Executor must either pay it into the Chamber of London or give good Security to pay the same Which if he omit or refuse his Bond will be put in Suit against him The Court of Conscience otherwise called the Court of Requests is a Court established and settled by an Act of Parliament in the 3d Year of the Reign of King James I. Which Impowers this Court to hear examine and determine with Equity or good Conscience all Matters brought before them between Party and Party Citizens of London where the Debt do's not amount to forty shillings An Act very beneficial both for the Relief of such poor Debtors as cannot make present Payment of their Debts and for such poor Persons as have small Debts owing to them and are not able to prosecute a Suit in Law for the same This Court sits in Guildhall every Wednesday and Saturday in the Forenoon consisting of two Aldermen and four Commoners monthly appointed by the Lord Mayor and Court of Aldermen but any three of them make a Court. A Cause may be brought and determined in this Court for 10 pence Charge viz. 6 pence for the Plaint and the Summons and 4 pence for the Order But if the Defendant do not appear the second Court-Day after Summons an Attachment will be awarded against him which will compel him to appear and increase the Charge If any Citizen be Arrested for a Debt under â—o Shill this Court will grant a Summons for the Plaintiff in the Action And if he appear not the first Court-day after the Summons left at his House the same will grant an Attachment against him force him to take his Debt and to pay the Defendant his Costs The Court for the Conservation of the Thames is held before the Lord Mayor at such Times â—s he appoints and directs within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff for the time being is My Lord Mayors Deputy and ought to give notice to his Lordship of all Offences committed by any Persons contrary to the Orders made for Preservation of the Brood and Fry of Fish in the said River To which purpose he is by this Court Ordered and Impowred from time to time to Authorize Two â—onest Fishermen or more in such Town and Places as he shall think convenient aswell beâ—ow as above the Bridge to be assistant to him â—n the Execution of his Duty and when they â—hall think fit to go out and search for any â—uch Offenders take away their Nets and give â—heir Names to Mr. Water-Bayliff that they 〈◊〉 severely proceeded against according to â—aw This Power of the Lord Mayor for the Conservation of the River of Thames and the â—unishment of all Offences within it has been â—ercised by the Mayor of London and his â—redecessors time out of mind By King Edward the Thirds Charter to this City the Citizens are Authorized to remove and take away all Kidels in the Water of the River of Thames and Medway and have the Punishment to the King belonging thereof coming And by a Statute made in the 17th Year of the Reign of Richard II. it is Ordained that the Mayor of London shall have the Conservacy of the Thames and put in execution the Statutes of 13 Edward I. 13 Richard II. from the Bridge of Stanes to London and from thence over the same Water and in the Water of Medway The Pie-Powder Court is a Court held during the first 3 Days of Bartholomews Fair by Stewards assigned by the Lord Mayor and Court of Aldermen to examine and try all Suits brought for
Ireland as a Name more sacred and replete with Majesty But the English never made a full and entire Conquest of that Kingdom till the latter end of Queen Elizabeths Reign upon the great Defection of the Irish Which ended in a total Overthrow of the Rebels then under the Conduct of Hugh O Neal Earl of Tiroen and the consequence of it according to the Rule That every Rebellion when 't is suppressed does make the Prince stronger and the Subjects weaker Which I hope will be the effect of the present Rebellion in that Kingdom But besides Great Britain and Ireland the King of England is possessed of Jersey Garnsey Alderney and Sark four Islands of good note especially the two first on the Coast of Normandy in France The same are holden in right of that Dukedom which was Conquered by Henry I of England and continued English till the Days of King John when Philip II of France surnamed Augustus seized on all the Estates the English had in France as Forfeitures Anno 1202. And since the French seized upon Normandy they have often attempted Jersey and Garnsey but always with repulse and loss So affectionate are the People to the English Government and jealous of the Priviledges they injoy under it which they could not hope for from the French In America the King of England is possessed of New-England Virginia Mary-Land New York Pensylvania Carolina and Hudsons-Bay Besides many noted Islands as New-found Land Jamaica Bermudos Barbados and amongst the Leeward Islands Nevis Antego Montserat Anguilla c. In Asia he has the Isle of Bombay near Goa which was Part of the present Queen Dowagers Portion besides Conveniencies for Traffick in India China and the Levant The same he has upon the Coast of Africk The King of England has a Claim besides to the Sovereignty of all the Seas round about Great Britain and Ireland and all the Isles adjacent even to the Shores of all the Neighbouring Nations Therefore all Foreiners Ships have anciently demanded Leave to Fish and to pass in these Seas and to this day lower their Top-Sails to all the Kings Ships of War Our Law faith the Sea is of the Liegeance of the King as well as the Land And accordingly Children born upon our four Seas as sometimes it does happen are accounted natural born Subjects of the King of England without being naturalized The King of England has moreover a Title to the Kingdom of France First Challenged by King Edward III as Son and Heir of Isabel the Daughter of King Philip the Fair and Sister of Lewis IX Philip V and Charles the Fair who reigned successively and died without Issue Male. To prosecute which Title he entred into France with an Army took upon him the Title of King of France and caused the Flower de luces to be quartered with the Lions of England which has been continued ever since amongst all his Successors The French opposing his Title by virtue of a pretended Salique Law disabling Women from the Succession to the Crown he overthrew in two great Battels with a small Force under the Conduct of the incomparable Edward the Black Prince his Son Duke of Aquitain Those were the Battels of Cressy and Poitiers the first being fought Anno 1343 in the Reign of Philip VI surnamed de Valois and that of Poitiers in the Reign of his Son King John who was taken Prisoner with Philip his Son and brought over into England But such is the Vicissitude of Humane Affairs that the English soon after lost all they had got in these Wars Calais excepted For Charles V of France the Son of John proved too hard for Richard II of England one of our unfortunate Kings the next Successor of King Edward III and his Grandson by Edward the Black Prince But Henry V his next Successor but one did so far pursue the Title of France that he won it after he had won the great Battle of Agincourt which happened Anno 1415. The Opportunity was great whether we consider the Weakness and distracted Condition of Charles VI then King of France or the very Distraction of the Kingdom at that time occasioned by the Faction of Burgundy against that of Orleans So that being sought to for Peace he granted it with these Conditions that upon his Marriage with the Lady Catharine Daughter to King Charles he should be made Regent of France during Charles his Life and after the Death of Charles the Crown of France and aâ—â— its Rights should remain to King Henry and his Heirs for ever which was agreed to â—n â—oth sides And though Henry did not live â—o possess the Kingdom yet his Son Henry VI â—ad the fortune to be Crowned King of France in Paris which he held during the life of his Uncle John of Bedford anâ— Humfrey of Gloâ—ester After whose Deaths he not only lost France to the French but England and his Life to the Yorkish Faction Thus Charles VII Son of Charles VI after 〈◊〉 long and bloody War recovered from the English then divided at Home all their Possessions in France except Calais Which last remained under the English till Queen Maries Reign and was taken from her by Henry II of France And ever since Things have remained much in the same Posture the Kings of England with the Title to France and the French Kings with the Possession Nay we have had two Kings of late so passionately inamoured with the present French King that far from attempting to take the least Flower of his Crown from him have promoted his Greatness and encouraged his Rapines and unjust Usurpations The Scope whereof at last appeared to be no less than the Inslaving this Nation with the Assistance of France and far from raising the Glory of the English to make them an Object of Scorn and Contempt to the World But now we are blest with a wise just and magnanimous King three Vertues that have been long absent from the Throne of England we may hope shortly to see France if not Conquered again at least so humbled and weakened that it shall not be in her power to insult and incroach upon her Neighbours as she has in our Time to the Ruin and Desolation of the best Part of Europe 'T was a notable if not Prophetick Answer which an Englishman made to a French Officer who after the English had lost France asked him in a scoffing manner When they would return thither Wheâ— your Sins says he â—â—re greater than ours As baâ— as this Nation 〈◊〉 been 't is apparent the French have far outdone us in their Pride and Lewdness Cruelties and Usurpations So that I hope from the Disposition of the present Affairs of Europe the Time is come for France to give an Account thereof to God and Man I come now to the King of England's Titles which run thus at present joyntly with Queen Mary William and Mary by the Grace of God King and Queen of England Scotland France and Ireland
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original